General Terms and Conditions of VivaTour Travel Company

Transcription

1 General Terms and Conditions of VivaTour Travel Company The following regulations shall apply to all legal transactions between VivaTour(hereinafter referred to as Travel Company) and you, the passenger (hereinafter referred to as Customer). The regulations complement and fulfill legal standards. Please gather the terms and conditions for individual or travel services from the service description that was handed to you with the confirmation. Content 1. Terms and Conclusion of the Contract 2. General Contractual Obligations as a Travel Company 3. Terms of Air Travel Contracts 4. Confirmation of Services, Reimbursement of Expenses, Collection, Payment 5. Alterations in Service or Prices 6. Change of Reservation, Withdrawal, Cancellation 7. Right of Withdrawal 8. Disclosure of Entry Regulations, Visa and Insurances 9. Liability of VivaTour 10. Prohibition of Assignment 11. Choice of Law and Jurisdiction 1. Terms and Conclusion of the Contract 1.1. The Customer enters a binding contract with a booking can be done: written, via , verbally or by telephone. The conclusion of the contract will only be done with a written or ed confirmation by the Travel Company (via Info@vivatour.amto Customer directly or through Travel agent/contact persons of VivaTour. An electronic confirmation of recipt occurs with a tentative reservation The acceptance of the contract will follow after transfer of the needed informationis completed and by confirmation of the requested services through the customeror the service provider in the form of a bill, as a PDF attachment in the confirmation ; or printed out in paper form via mail After receiving the confirmation, the Customer is obligated to immediately lookover the documents and make corrections if needed. 1.4.Until the booking order is accepted, the Customer is bound to make prepayment or full paymentimmediately or up to a maximum of 15 days from the filing date.

2 1.5. Taking advantage of an obvious false price or finalizing a reservation under fraudulentintent, or every reservation made with the expectation of an increased demand isprohibited without restriction. The possibilities of making travel arrangements may only be used to make rightful bookings for the arrangingcustomer or another person Exclusively the (travel) terms and conditions are valid for the rights and responsibilities of the Customer in respect to the Travel Company of the travel arrangements. 2. General Contractual Obligations as a Travel Company 2.1. The contractual liability of the Travel Company is to carry out the necessary actionsfor the execution of the travel order, following the booking request by the Customer andthe appropriate consultation, the processing and booking, as well as the delivery of thetravel documents, as long as they are not delivered directly by the respective serviceprovider according to agreed terms The Travel Company has to inform the Customer of any changes to the original reservation The extent of the contractual services as well as the amount of the compensation arise from the service description of the particular offer, as well as from the information in the confirmation When providing information and instructions to the Customer, the Travel Company is liable by law and contractual agreements for the accuracy of the information source. 3. Terms of Air Travel 3.1. The personal information in the flight documents and the travel confirmation must match the information in the travel documents. An entitlement for transport exists only for provided names on the ticket and flights. Only the airlines listed in the flight documents may be used For each flight (each individual leg), the Customer must be confirmed with the airline no later than 72 hours prior to the planned departure time; or check online whether the flight times have changed, otherwise there is no entitlement to transportation. VivaTour strongly recommends reconfirming, specially since the airlines have increased flight schedule changes since September 11, In the event that an involuntary schedule change occurs, the Customer has the option to find other adequate alternatives. The terms of each service provider apply. The Travel Company will be assisting the Customer The check-in times vary. The correct times for a specific flight can be checked on the web page of the operating airline. Keep in mind that it is determining when you are at the entrance of the departure terminal (gate) and not when you are the check-in desk. Check-in should be at least 120 minutes prior to departure. Especiallyfor non-european flights, check-in starts

3 significantly earlier, and the desk closes 45 minutes prior to departure. There are also waiting times at security. Showing up late to the gate is considered a no-show. When a ticket is not used the airline regularly charges the fare in full. In this casevivatourcan not carry out a refund of flight ticket and offer alternative flight or transportation to Customer If a flight is considerably impeded, endangered, or impaired due to a greater force (political unrest, natural disaster, health problems of Customer and etc.), the service provider as well as the Customer can cancel the contract. The cancellation by the service provider can occur through concluding behavior after the beginning of the trip. If the contract is cancelled, the Travel Company can request an adequate compensation for the already provided or still outstanding service. The additional costs for the return are to be covered by the traveler- Customer A refund for a ticket that was not completely used is not possible The baggage transportation conditions vary depending on the airline, route and their Terms & Conditions. You can learn more about the allowable travel and checked luggage, special and excess baggage, notifications and other interesting facts around the topic of luggage on the web page of each airline. Please note: medication, keys, important documents and valuables belong in the carry-on luggage Violations can cause a disclaimer by the airline and operator in the event of damage. Baggage claim and loss of luggage are to be immediately reported to the airline itself or it s handling agent at the airport of the destination, as well as filling out a claim report (P.I.R.) as proof. Any claim for damage/loss of baggage is excluded if the owner does not report the discovery immediately and for international travel no later than 21 days after delivery of the baggage. The notification must be made in writing and sent within the above deadlines. 4. Confirmation of Services, Reimbursement of Expenses, Collection, Payment 4.1. A tour confirmation/registration will be sent by as soon as all services (hotels, flights, etc.) included in the selected package tour are confirmed. The confirmation will be sent to you between hours after the reservation has been made The Travel Company is entitled to collect all booked or cancelled travel service payments. This always happens on behalf of the (travel) service provider.all payments should be made by bank transfer to the account specified on our invoice or confirmation /registration list. Should you prefer to pay with your credit card, kindly note that a 2% credit card fee will apply. All rates are quoted in euro (EUR) per person and include taxes and VAT. A detailed list of all services included in the tour price will be specified under each tour (please see Price Details). Any extra expenses incurred by the client during the tour, forexample use of telephone, hotel mini-bars, etc. must be paid by the client on the spot to the hotel or other provider of such services Payment is due immediately or up to 15 days after receiving the booking confirmation. The payment must be make for all travel services provided, before any delivery of your travel

4 documents can occur. Without prior payment of all services booked, the deliveryof service documents, as well as the rendering of the service will be denied The payment terms of the respective service provider are decisive for package trips, hotel bookings, etc. It is separately specified in the booking confirmation by the Travel Company whether and to what extent a deposit is required and when it is due If payments are still not made or not completely made after the term settlement, the respective service provider can withdraw from the contract. This also has validity if after the beginning of a trip there are any irregularities with the Customer s bank for credit card payments. In this case all issued documents/tickets can be declared invalid. Moreover, these processes are determined by the cancellation rules of the respective service providers If the agreed payment ends in a chargeback by the bank or credit card company through the fault of the debtor, the charge will be passed on to the obligated payer. This includes the cost of the bank or the credit card companies as well as the EURO in fees per chargeback, to cover our time spent. A fee is also due for not covering the amount of the payments which were agreed upon Bookings made less than 60 days prior to travel (Last minute bookings) must be paid in full as soon as you receive our written confirmation In case of not paying or not complying to the commitment you entered into when finalizing a chargeable booking a transaction fee will be due additionally. 5. Alterations in Service or Prices 5.1. Prior to the issuance of flight documents and contract conclusion, the Travel Company is authorized on behalf of the airline to change the flight fare when the price components indicated below are increasing/reducing or arising new due to unpredictable circumstances, which are not substituted by service provider: Foreign currency exchange rates Transportation fares and prices (especially when oil prices rise) Government fees and taxes, such as airport or security charges Additional insurance fees by the airlines. Flight documents are issued only after the approval of the Customer The flight price includes almost all security-, airport- and other fees/taxes. Some airports charge additional taxes/fees which cannot be redeemed by the airlines with ticket issuance. These taxes/fees must be paid by the passenger directly on-site. Please keep in mind that these taxes/fees can not necessarily be paid by credit card. A binding disclosure about the effective taxes/fees for your trip cannot be made, since these taxes/fees can change daily The fare can be changed only to the referred part of the price. The service provider is obligated to specify reasons and extent of the price change upon request by the Customer.

5 6. Change of Reservation, Withdrawal, Cancellation 6.1.The withdrawal can be done by an explicit statement or by concluding behavior (e.g. noncompliance with payment obligations). The amount of the compensation depends on the booked travel service and the date of receipt of the written cancellation notice by the cancellation terms of VivaTour The following cancellation fees apply on Independent- and Escorted Tours: Over 45 days prior to departure 35% of total payment Between days prior to departure - 55% of total payment Between days prior to departure - 70% of total payment Between days prior to departure - 85% of total payment The day of departure - 100% of total payment Unused services are non-refundable The change of a booked service as well can be performed by Cancellation letter of booking from Customer. All cancellations must be made in writing to info@vivatour.am. The date of the cancellation shall be when VivaTour receives it in writing and confirms its receipt (our office hours are Monday-Friday 10:00 19:00; Saturday 11:00-18:00 hrs. (GMT+4) The date of reimbursement is determined by the Travel Company alone, when the amount is paid directly to the Customer, or when the contact person of Travel Company reimburses the amount directly after it s received The change of a booked service can only be performed by withdrawal and subsequent conclusion of a new contract, unless the service provider has provided other regulations In case of cancellation and change of reservation the service providers claim for replacementof incurred expenses and service fees withstands. For a new contract, a newclaim for reimbursement of costs and commission is created, unless the Travel Company is responsible for the change Automatic cancellation of your booking will occur if payment has not been received by the specified due date Due to reasons of higher power and reasons beyond our control, VivaTour reserves the right to cancel the tour. Monies paid for services will be refunded, but VivaTour will not be liable for any further claims. 7. Right of Withdrawal 7.1. The Travel Companyindicates,there is no Right of Withdrawal for the services offered on the website; merely the legal cancellation and termination rights apply.

6 7.2. Right of Withdrawal exists if the contract for travel services has been concluded away from business premises (i.e. at home) unless verbal negotiations on which the concluded contract is based upon have been conducted in forgone orders. 8. Disclosure of Entry Regulations, Visa and Insurances 8.1. The contact person of Travel Company will inform the Customer about entry and visa requirements without liability If any information on the above requirements is given, it isassumed that the participant/customer is a German/European citizen, unless another citizenship is obvious or is communicated by the Customer. We expressly point out that there is the possibility of these requirements being modified by the authorities at any time. The Customer is therefore encouraged to track the news media or to contact the embassy about possible requirement changes for their destination or transit country, to be able to adjust accordingly in time The Customer is responsible for complying with these regulations. All disadvantages arising from non-compliance is at their own expense. We remind you that every customer is responsible for finding out about the allowed maximum length of stay abroad and then planning their trip accordingly. Please note: One cannot enter without a visa when staying above a certain length of time. People without valid entry documents will be excluded from travel, or will not be able to board a plane As a travel service provider we highly recommend purchasing trip cancellation- (also to include cancellation cover) baggage-, travel accident-, travel liability-, and travel health insurance including an emergency flight from abroad and return transport; if not adequately protected yet.vivatourcan not be held responsible for loss of luggage, or other personal possessions, for personal injury, accident or illness. In the event of personal injury, accident or illness, VivaTourcannot be required to make any refunds should the tour be partially cancelled or fully cancelled The Customer should be insured through the accessible or delivereddocuments of the mediated operator s insured service themselves. 9. Liability of VivaTour 9.1.In case, when the confirmation of definite hotels is impossible by any reason VivaTour can offer other hotel of the same class or higher without of any changing of price VivaTour has the obligation to choose all services carefully, and to prepare the tour in the best way possible. In the unlikely event that services are not fully carried out due to an error through VivaTour, we reserve the right to provide equivalent services in compensation. In this case, further damage claims will not be accepted. Subject to this settlement, in case a breach of contract is committed the direct liability of VivaTour for immediate loss or injury to the client subsists, provided that the breach was not

7 caused by Force Majeure or the behavior of the client or a tour participant, and that it is a question of the non-performance of a promised service or an alteration of services which has less value than the service agreed upon in the original agreement. The amount of this liability is restricted by the sum of the agreed cost of the tour. We are liable for damages up to the amount of the price of the service arranged that occurred in connection with our intermediation, regardless of the legal foundation. We are only liable for any damages beyond these that occurred due to intent or gross negligence from our side It has no effect on the validity of the remaining travel conditions, if one of the mentioned travel conditions should be invalid or ineffective.furthermore the providers of the various services are basically personally liable to the client. The liability of the individual coach, taxi, shipping, transport and other companies contracted by VivaTourfor the purpose of organizing a tour, depends on the appropriate laws of the general conditions of business, on the contracts obligations and on common usage Some of our tour packages include activities such as hiking, jeeping, skiing, alpinism, ballooning, paragliding and similar. In this relationvivatour acts as an agent only for the activity providers, thus we shall not under any circumstances be held liable for injury Any arising complaints must be directed to VivaTour immediately and confirmed in writing. In case complaints cannot be solved on the spot, they have to be directed to VivaTour in writing within 30 days after the termination of the tour. Later claims cannot be taken into consideration The travel documents will be sent to Customer by /mail after we have received your final payment. They will be sent approximately one month before travel (travel documents for last minute bookings will be sent as soon as possible. If the payment is not received in time, the travel service provider assumes no liability for issuing the travel documents or for the costs for an express delivery). 10. Prohibition of Assignment An act of transfer of claims from the passenger against the Travel Company to third parties, spouse or relative, is excluded. This applies to claims under and in connection with the mediation contract as well as from tortious act. The legal enforceability of the aforementioned claims of the participant by third parties in their own name is also inadmissible. 11. Choice of Law and Jurisdiction The entire legal and contractual relationship between the Customer and the Travel Company shall be governed exclusively by Armenian law. Place of Jurisdiction is Yerevan Yerevan, Armenia