Terms & Conditions

Please read carefully

The purchase of any travel services offered by Enchanting Travels, Inc. (the “Company”, “We” or “Us”) constitutes a contractual arrangement between the customer (“You” or “Your”) and the Company and represents.

Your acceptance of the terms and conditions set out herein.

Notwithstanding the foregoing,  any provision in these General Terms and Conditions that states that it is operative by Your use of the Website (as defined below) shall govern your use of the Website, and if you do not agree to such terms, you must not use the Website.

We at the Company believe in serving our clients with sincerity and honesty and therefore You can contact us via telephone or write to us with your queries and we will be delighted to answer any query that You may have or provide any clarification that You may seek.

These terms and conditions are applicable to customers based in the United States or Canada only.

1. Tour Contract

1.1 Travel Confirmation

1.1.1. After You initiate a booking with the Company, the Company will deliver to You a travel confirmation (the “Travel Confirmation”) from the Company’s travel consultant. This Travel Confirmation will include (i) all details of your travel arrangements, (ii) additional terms and conditions to your travel arrangements, if any, (iii) policy statements issued by the Company, (iv) an invoice for Your tour, (v) a booking form and (vi) a copy of these General Terms and Conditions (these “Conditions”), all of which are incorporated by reference into the Travel Confirmation.
1.1.2. Your confirmation of the booking after receipt of the Travel Confirmation is an acceptance of the Travel Confirmation, creating the contract between You and the Company with respect to the tour (the “Tour Contract”). The terms and conditions of the accepted Travel Confirmation are the terms and conditions of the Tour Contract.

1.2 Mode of Confirmation
You may confirm a booking by completing and submitting the online booking form provided to You with the Travel Confirmation.

1.3 Confirmation on behalf of other travelers

1.3.1. You also confirm a booking on behalf of all the travelers listed in the Tour Contract (the “Other Travelers”) to the extent such travelers do not receive their own Travel Confirmations and submit their own booking confirmations. It is Your sole responsibility to inform all other parties traveling under Your booking of the contents of the Tour Contract. The terms “You” and “Your” as used in these Conditions include Other Travelers.
1.3.2. You shall cause such other parties to be advised of, review, and accept the terms and conditions of the Tour Contract, and you acknowledge such other parties have been advised of, reviewed, and hereby accept the terms and conditions of the Tour Contract. You will cause Other Travelers to comply with the Tour Contract.

2. Payment

2.1 Tour Price

2.1.1. The invoice included in the Travel Confirmation contains details of the costs associated with the tour (“Tour Price”), which includes the cost of the products and services of our tour, other related expenses and all applicable taxes.

2.1.2. You shall make payments in accordance with the following schedule by wire transfer to our bank account, by check which can be mailed to our office, by credit card using a secure payment link on our website, or through any other method of payment otherwise indicated in the Tour Contract:

(i). Upon Your confirmation of the booking, thirty percent (30%) of the total invoiced price of the tour is due as an advance to confirm the booking.
(ii). The remaining seventy percent (70%) of the invoiced price is due at least 60 days prior to start of the tour.
(iii). If the booking is accepted within sixty (60) days of the proposed date of departure, clauses 2.1.2(i) and 2.1.2(ii) above shall not apply and the entire amount, i.e., hundred percent (100%) of the invoiced price of the tour is due upon confirmation of the booking.

2.2 Delivery of Relevant Travel Documents by the Company. Upon receipt of final payment, the Company will send You within 7 days via email the hotel vouchers and any other travel documents for the tour.

2.3 Revision of Prices; Exchange Rates

2.3.1. It is possible that the prices quoted in the invoice accompanying the Travel Confirmation may be required to be revised due to an error or miscalculation – human or technical. In such an event, the Company may charge or claim the additional payment from You or refund the excess amount to You within a reasonable period of time.

2.3.2. Please also note that the estimated prices of travel itineraries mentioned on the Company website at www.enchantingtravels.com or any other websites owned and operated by the Company (“Company Website(s)”) are subject to change.

2.3.3. If applicable, the Tour Price is calculated based on the then current exchange rate on the date of the Tour Contract and once You accept the Travel Confirmation, there shall be no revision in the Tour Price, including but not limited to any refunds or reductions, regardless of fluctuations or variations in the exchange rate of the relevant currencies, except to the extent set forth in clause 2.3.1.

3. Services

3.1 Details of Services Provided. The Company agrees to provide to You the services described in the service description included in the Travel Confirmation.

3.2 Applicability of Local Laws to the Services provided. The tours and services provided by the Company are subject to the applicable laws, rules and regulations of the countries of travel and You and the Company are bound to operate in accordance with such laws, rules and regulations.

4. Change in Tour Contract by The Company

4.1 Right to Change in Services.

4.1.1. The Company reserves the right to change the tour services described in the Travel Confirmation after your acceptance of the Tour Contract in accordance with this Section 4.

4.1.2. Changes may be made by the Company as a result of (i) cancellation of certain bookings and reservations by third party service providers, (ii) non-availability of certain features, packages or other services requested by You, or (iii) the unavailability of third party service providers due to cessation of business, insolvency, death, infirmity or any other reason whatsoever or (iv) a Force Majeure Event, as defined in Section 6.

4.1.3. The Company will make a reasonable effort to notify You of any such developments in advance of Your tour.

4.1.4. The Company will make such changes in good faith, keeping in mind Your interests and preferences with a goal to keep in line with the overall plan of the tour.

4.1.5. If the Company makes a material change in your tour as a result of the above, you may elect to accept the changed itinerary per clause 4.2 or to cancel the entire tour package.

4.2 New Tour Contract. If You accept a changed itinerary as provided in clause 4.1.5, the Company will provide to You a new Travel Confirmation incorporating the changes. If acceptance of the new Travel Confirmation requires You to make any additional or further payments, the Company shall also issue a new invoice incorporating such changes.

4.3 Acceptance of the New Tour Contract

4.3.1. Should You choose to accept the changed Travel Confirmation and any revised charges associated therewith, the new Tour Contract and the new invoice shall replace the old Tour Contract and invoice, and will be the contract that binds You.

4.3.2. If You choose to cancel the original Tour Contract and not accept the new Travel Confirmation, You will be entitled to a refund of the costs already tendered by You to the Company after deduction of all service, consultancy and advisory charges, including all expenses incurred by the Company in providing these services and all other cancellation charges (if any) for the bookings and reservations of third party services and products, including but not limited to flight tickets and hotel reservations.

5. Cancellations, Changes to Booking and Applicable Charges and Refunds

5.1 Cancellation of or Changes to the Tour Contract by You.

5.1.1. You may cancel or change the Tour Contract any time before the start of the tour by providing written notice to the Company, subject to the cancellation policy in clause 5.2 below.

5.1.2. The date of cancellation or change is the date on which the company receives notice of your cancellation or change request.

5.1.3. Any changes to the tour requested by You and accepted by the Company, including advancements or postponements of tour dates, shall constitute a change to the Tour Contract and will be subject to the cancellation rates in clause 5.2 below only with respect to the amount of the Tour Price allocated to the part(s) of the tour that had to be cancelled to effect the change. In addition, any additional costs associated with the change (e.g., higher rates on new tour dates) shall be borne 100% by You.

5.2 Charges Relating to Cancellation or Change

5.2.1. Subject to clause 5.1.3, all refunds in the event of cancellation or change of a Tour Contract shall be subject to the following charges:

Time of cancellation or change and cancellation or change fees:

  • 91 or more days prior to the start date of the tour – 20% of the Tour Price
  • 61-90 days prior to the start date of the tour – 30% of the Tour Price
  • 31-60 days prior to the start date of the tour – 50% of the Tour Price
  • 30 days or less prior to the start date of the tour – 100% of the Tour Price
  • Cancellation / shortening / ununsed portion of tour after start of tour (including date of commencement of the tour) – 100% of the Tour Price

5.2.2. The cancellation of or changes to international flights booked by the Company as part of your tour may be subject to different terms and conditions from those provided above and any and all such fees or charges will be borne fully by You.

5.3 Disbursement of Refund Amount. The Company will disburse any applicable refund amount within thirty (30) days of the receipt of the request or instruction to cancel or change the tour.

6. Cancellation or Change of the Tour Contract due to Circumstances Beyond Control of Company

The Company will not be liable or responsible to You, nor be deemed to have breached the Tour Contract, for any failure or delay in fulfilling or performing any term of the Tour Contract when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company (“Force Majeure Event”) including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to the Company’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

In the event that a Force Majeure Event causes the Company to be unable to provide the services to be performed by it under the Tour Contract, either You or the Company may choose to terminate the Tour Contract upon 10 days written notice to the other party. On termination of the Tour Contract as specified in this clause, the Company will, where possible, make a commercially reasonable effort to refund the amount paid by You, less the amount already spent on Your behalf by the Company during the tour and any other non-refundable fees and charges.

The Company will not be obligated to and does not guarantee that You will receive a refund. You will be liable to pay costs for the services and products utilized until the date of such termination. In the event of termination due to a Force Majeure Event, the Company shall not be liable to pay any compensation, interest or damages to You.

The Company will take reasonable measures to bring You back to your point origin if the Tour Contract includes a return journey. However, any additional costs for the return journey will be borne solely by You.

In case of a Force Majeure Event, the Company reserves the right to change the tour itinerary and/or the Tour Price pursuant to clause 4.1 prior to the start of the tour or on tour, as the case may be.

Additional charges, if any, due to such changes may be charged to You. In the event of a Force Majeure Event, where You choose to continue with the tour, You shall not be entitled to any refunds from the Company for limitation and/or non-availability of certain services including museums, restaurants, sightseeing, shopping etc. even though included in Your tour itinerary.

7. Liability of the Company for third party acts

The Company takes no responsibility for, and the Company is not liable for, any loss of life, limb, property, money, sickness, delay, discomfort or hardships sustained by You on account of any act or omission of any third party, including third party service providers hired or booked by us to provide services for the tour.

In addition, the Company also takes no responsibility for, and the Company is not liable for, any act or omission of any of your co-travelers, or any resulting injury, damage, danger to life, limb or property, delay or hardships to You.

8. Representation and Warranty; Disclaimer of Warranties

8.1 The Company represents and warrants to You that it shall perform the services described in the Tour Contract using personnel of required skill, experience and qualifications and in a manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under the Tour Contract.

8.2 The Company shall not be liable for a breach of the warranty set forth in clause 8.1 unless You give written notice of the defective services, reasonably described, to the Company within two days of the time when You discover or ought to have discovered that the services were defective.

8.3 Subject to clause 8.2, the Company shall, in its sole discretion, either:

8.3.1. correct such services (or the defective part); or

8.3.2. credit or refund the amount of the Tour Price allocated to such services.

8.4 The remedies set forth in clause 8.3 shall be your sole and exclusive remedy and company’s entire liability for any breach of the limited warranty set forth in clause 8.1.

8.5 Except for the warranty set forth in clause 8.1 above, the company makes no warranty whatsoever with respect to the services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.

9. Limitation to liability

9.1 In no event shall the company be liable to you, other travelers or to any third party for any loss of use, revenue or profit, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

9.2 In no event shall the company’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the aggregate amounts paid or payable to the company pursuant to the tour contract, subject to applicable law.

10. Obligation to cooperate

10.1 Cooperation with third party service providers

10.1.1. You must at all times cooperate with the personnel of third party service providers, airlines staff, hotel staff, adventure activities instructors, tour guides, the local tour management and others service providers during your tour.

10.1.2. You shall also co-operate and assist such third parties to mitigate or avoid any damages or keep such damages at a minimum in case there is any disruption of services.

10.1.3. If You have any complaints or grievances with respect to third party service providers, You must immediately inform the Company, who will evaluate the situation and take action to remedy the situation at its sole discretion.

10.2 Transactions entered into by You as an individual

10.2.1. You alone are responsible and liable for all the transactions and purchases made by You on Your tour and the Company shall not be liable for any of such transactions or purchases unless they are made through the Company.

10.2.2. The Company will not censor, screen or otherwise control any such transactions or purchases nor will the Company evaluate whether such transactions and purchases are legal and valid under the law of any jurisdiction.

10.3 Compliance with applicable laws

10.3.1. You agree to comply with all applicable laws, rules and regulations and codes of conduct regarding use of the services, products and other facilities in any country, state, city or locality You visit as part of a tour.

10.3.2. In the event of any violation of any applicable laws, rules, regulations and codes of conduct of any country, state, city or locality You visit by You, You alone shall be liable for any prosecution, penalties or any other disadvantage to You. The Company shall bear no responsibility or be liable in any manner for Your actions or omissions.

10.4 Accuracy of Information provided by You. You represent, warrant and covenant that you have provided, and will provide, the Company only accurate and complete information, and You have not and will not misrepresent or conceal any relevant facts.

10.5 Competence to contract

10.5.1. You represent, warrant and covenant that You are an adult of legal age to enter into a binding agreement with the Company and do not fall under any of the categories of persons disqualified from or incompetent to enter into binding contracts.

10.5.2. You represent, warrant and covenant that you are not barred from using any services provided hereunder pursuant to the laws of any country You wish to travel to, or other applicable laws.

11. Passport and Visa

11.1 Passport and Visa Requirements

11.1.1. It is your responsibility to ensure that You hold a passport which is valid for a minimum period of six (6) months after the date of return of your trip.

11.1.2. You should acquaint yourself with all requisite information and details relating to visa requirements and the rules and norms governing travel in the country You wish to visit.

11.1.3. You are required to obtain Your own visa. However, in limited circumstances, the Company may facilitate procuring a visa on your behalf, if the Company agrees.

11.1.4. The cost of procuring visas is not included in the Tour Price stated in any proposals or trip itineraries sent to You by the Company.

11.2 Liability of the Company in the event of Delegation to obtain your Passport or Visa

11.2.1. In the event the Company agrees to acquire passport or visa documents on your behalf, the Company shall not be responsible for the non-issuance of such documents or for any delay or other related act or omission or for any loss, expense, damage or cost resulting therefrom. You acknowledge that the Embassies, Consulates, High Commissions or the sovereign governments of countries have the sole sanctioning power and ability to issue and grant visas, immigration clearances and other official permits.

11.2.2. It is your responsibility to submit to the Company any application in the prescribed format and accurately completed and with the necessary and relevant documents and photographs within the time specified to enable the Company to secure your visa and other possible permits. It is your responsibility to review the same after issuance so as to check for irregularities and errors. The Company shall not be liable for any application for a visa made by You or the Company on your behalf that is rejected by the concerned Embassy, Consulates, High Commissions or Authorities due to insufficient and /or inaccurate supply of documents or any other reason whatsoever.

11.2.3. The Company shall also not be liable for any typographical error, misprint or mistake in the name, type of visa, duration of the visa and other details contained therein.

11.2.4. In the event that You are unable to travel on the tour booked by You, due to rejection or non-issuance or issuance of a defective visa by the concerned Embassy, You may choose to cancel or postpone the tour in accordance with clause 5.

12. Governing Law; Jurisdiction

12.1 All matters arising out of or relating to the Tour Contract are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.

12.2 Any legal suit, action or proceeding arising out of or relating to the Tour Contract shall be instituted in the federal courts of the United States of America or the courts of the State of Colorado in each case located in the City of and County of Denver, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

13. Indemnification.

13.1 You agree to indemnify and hold harmless the Company, its affiliates, directors, executives, employees, agents and other officers, and their respective successors and assigns (the “Indemnitees”), from and against any and all losses, liabilities, claims, damages, costs or expenses of any kind (including reasonable attorney fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by an Indemnitee that arise out of, result from, or may be payable by virtue of any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to the Tour Contract.

13.2 The indemnity contained in the above sub-clause is without prejudice to and in addition to any remedies or other rights provided by law and/or statute and/or under any other provision of the Tour Contract.

14. Intellectual Property Rights – Company Website(s)

14.1 The Company Website(s) include a combination of content created by the Company, its partners, licensors and associates.

14.2 The intellectual property rights in all software underlying the Company Website(s) and services and material published by the Company on the Company Website/s or otherwise, including (but not limited to) written content, photographs, graphics, images, illustrations, advertisements, trademarks, service marks, logos, audio or video clippings and Flash animation (“Intellectual Property Rights”), are owned by the Company, its partners, licensors and/or associates.

14.3 The Company’s services are for Your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property Rights, information, software, products or services obtained from the Company or its Website(s) or from the Company’s travel consultants and advisors without the express prior written consent from the Company.

15. Insurance

15.1 Company has no liability. Unless explicitly provided by the Company in any specific service or product, obtaining sufficient insurance coverage is Your sole obligation and option and the Company is and will not be subject to any liability arising out of Your choice to purchase insurance coverage, whether such purchase is through the Company or a third party.

15.2 Insurance provided by Third Party. Insurance, even if purchased as a part of the service by the Company, is provided through a third party insurance company and shall be subject to the terms and conditions of the insurance company and all requests for service under the insurance policy must be filed directly with the insurance company, in accordance with the policy terms and conditions. You acknowledge and agree that the Company has no control over the insurance provider or its coverage decisions, and as a result the Company is not responsible for and shall not be liable for policy coverage, claims processing or the denial of any claims.

15.3 Travel Insurance. You are strongly advised to obtain travel cancellation insurance and travel insurance prior to the period of travel. This may, without limitation, protect You (depending on the nature and terms of the travel insurance policy) from having to personally bear the fees resulting from any cancellation or change to the Tour Contract as specified in clause 5 above.

16. Privacy

16.1 In order to make your tour reservations and other bookings, we will collect certain information from You, including certain personal details such as age, gender, vocation, etc., and may share it with third parties, including government agencies, hotels, and other third party service providers on an as-needed basis only. We may also collect your credit card, debit card and other bank account details if You choose any of these mediums to make payments to the Company.

16.2 We aim to maintain the privacy of the information provided by our customers and will share only such information with third parties as is necessary for the purposes of your travel booking, reservation compliance with law and other travel related purpose. Such sensitive information will not be shared, transferred or sold by the Company to any third parties except for reasons or purposes provided in this clause. The Company does not provide or share your personally identifiable or other information to third parties except as expressly provided in these Conditions or otherwise after having obtained your consent and permission. Notwithstanding any other provision of the Tour Contract, we may disclose and share your information, including personal information, (i) to comply with any court order, law or legal process, including to respond to any government or regulatory request, (ii) to enforce or apply the Tour Contract and other agreements, including for billing and collection purposes, or (iii) if the Company believes disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

16.3 We may also request that You give us your feedback and share your experiences on the tour by providing us with testimonials. These accounts or information may be published or displayed on the Company on its Website(s) and on brochures, presentations and other documents and can be viewed by the public. Such accounts and information may also appear in search results on the internet.

16.4 All data and information gathered from You by the Company shall be subject to the Company’s privacy policy (available at www.enchantingtravels.com/privacy-policy), as may be updated and modified from time to time. In any conflict between such privacy policy and these Conditions, these Conditions will control.

17. Miscellaneous

17.1 Communication with the Customers/Clients

17.1.1. The Company may ask for your contact details in the form of telephone number, email address, or others, to communicate with You and inform You of the status of your booking and reservations and to procure from You or provide You with additional information regarding the tour, change in schedule or itineraries, payments, cancellations, refunds and other tour related information.

17.1.2. If You prefer a particular medium of communication only or do not want the Company to communicate with You via any particular medium, You can submit a request with the Company to that effect. The Company shall thereafter communicate with You only via the medium selected and authorized by You.

17.2 Amendment

17.2.1. Except as otherwise set forth herein, the Tour Contract may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.

17.2.2. The Company endeavors to regularly update the information provided to You, so that You may not face any inconvenience, difficulty or disadvantage while accessing any information. However, there is a possibility that the information, software, products, services, images on the Company Website(s) or other documentation may contain certain typographical and other errors on account of the oversight or lapse on the part of the Company and its employees. These inaccuracies will be rectified immediately once brought to the attention of the Company and its employees or other officers.

17.2.3. The Company recommends that You do not rely upon or act in accordance with any advice or suggestions received from any person except an authorized representative, employee or officer of the Company.

17.2.4. The Company may make any improvements or changes to the content of the Company Website(s) at any time.

17.3 Severability. If any provision of the Tour Contract is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of the Tour Contract or invalidate or render unenforceable such provision in any other jurisdiction.

17.4 Termination. In addition to any remedies that may be provided under these Conditions or the Tour Contract, the Company may terminate the Tour Contract with immediate effect upon written notice to You, if You:

17.4.1. fail to pay any amount when due under the Tour Contract;

17.4.2. have not otherwise performed or complied with any of the terms of the Tour Contract, in whole or in part; or

17.4.3. become insolvent, file a petition for bankruptcy or commence or have commenced against You proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.

17.5 Waiver. No waiver by the Company of any of the provisions of the Tour Contract is effective unless explicitly set forth in writing and signed by the Company. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Tour Contract operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege under the Tour Contract precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

17.6 Assignment. You shall not assign any of Your rights or delegate any of Your obligations under the Tour Contract without the prior written consent of the Company. Any purported assignment or delegation in violation of this clause is null and void. No assignment or delegation relieves You of any of Your obligations under the Tour Contract.

17.7 Survival. Provisions of these Conditions and the Tour Contract, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Compliance with Applicable Laws, Governing Law; Jurisdiction, Insurance, Limitation of Liability, Indemnification and Survival.

 

June 2015

These terms and conditions are applicable to all customers based outside the United States or Canada.

ENCHANTING TRAVELS AG – GENERAL BUSINESS CONDITIONS

1. Tour Contract

1.1 Travel Confirmation

1.1.1. On initiating a booking with Enchanting Travels AG (the “Company”), the customer (“You”), will receive a travel confirmation from our travel consultant. This travel confirmation will include all details of your travel arrangements and may also contain additional terms and conditions issued by the Company or policy statements along with an invoice for the trip, in addition to a booking form sent by the Company to You.
1.1.2. Once You confirm the booking, thereby accepting the travel confirmation, the contract shall come in to effect (“Tour Contract”).
1.1.3. You shall be bound by the terms of the Tour Contract as well as these General Business Conditions (“Conditions”) and any additional terms that are set out in the travel confirmation.

1.2 Mode of Confirmation
You may confirm a booking by completing and submitting the online booking form provided to You with the travel confirmation.

1.3 Confirmation on behalf of other travelers

1.3.1. You may also confirm a booking on behalf of all the travelers listed in the Tour Contract, for whom You will then take the contractual responsibility just as for yourself.
1.3.2. In such cases, it shall be deemed that You are authorized to accept the travel confirmation on behalf of all those travelers and any and all such other people shall also be bound by the terms and conditions enumerated in the Tour Contract, these Conditions and any additional terms that are set out by the Company in the travel confirmation.

2. Payment

2.1 Tour Price

2.1.1. The Company will send You a travel confirmation along with an invoice for the trip, which shall become effective once You confirm the booking.

2.1.2. The invoice shall contain details of the costs associated with the tour (“Tour Price”) which shall include the cost of the products and services You will be availing of during your travel/holiday, other related expenses and all applicable taxes.

2.1.3. The Company may either send the confirmation to You by email, post or facsimile depending on your preference at the time of booking and You shall make payments on following schedule, and through the method of payment indicated in the Tour Contract:

2.1.3.1. On receipt of the travel confirmation and invoice from the Company, twenty percent (20%) of the total invoiced price of the trip must be paid as an advance to confirm the booking.

2.1.3.2. The remaining eighty percent (80%) of the invoiced price must be paid at least four (4) weeks prior to start of the tour. Please note that for all trips to the African continent, 80% of the total invoiced price must be paid at least eight (8) weeks prior to the start of the tour.

2.1.3.3. If the booking is made and confirmed within thirty (30) days of the proposed date of departure, clauses 2.1.3.1 and 2.1.3.2 above shall not apply and You shall pay the entire amount, i.e., hundred percent (100%) of the invoiced price of the trip upon receipt of the travel confirmation and invoice from the Company.

2.2 Delivery of Relevant Travel Documents by the Company
Upon receiving the final payment, the Company will send You all the hotel vouchers and other travel documents for the booked and paid tour.

2.3 Revision of Prices; Exchange Rates

2.3.1. It is possible that the prices quoted in the invoice accompanying the travel confirmation are required to be revised due to an error or miscalculation – human or technical. In such an event, the Company may charge or claim the additional payment from You or refund the excess amount to You within a reasonable period of time.

2.3.2. Please also note that the estimated prices of travel itineraries mentioned on the Company website(s) at www.enchantingtravels.com or any other websites owned and operated by the Company (“Company Website(s)”) are subject to change.

2.3.3. It is clarified that the Tour Price is calculated based on the then current exchange rate on the date of the Tour Contract and once You accept the travel confirmation, there shall be no revision in the Tour Price, including but not limited to any refunds or reductions, regardless of fluctuations or variations in the exchange rate of the relevant currencies.

3. Services

3.1 Details of Services Provided
The Company agrees to provide to You the services that are mentioned in the service description as part of the trip proposal. The details related to such services shall be given in the travel confirmation.

3.2 Applicability of Local Laws to the Services provided
In addition, all the tours and services provided by the Company are subject to the enacted laws, rules and regulations of the Governments of the countries of travel and the Company is thus bound to operate as per the prevailing regulations, permissions and sanctions that are granted for such tours and services.

4. Change in Tour Contract by the Company

4.1 Right to Change in Services

4.1.1. The Company reserves the right to modify, change, alter, amend or deviate from the tour services mentioned in the travel confirmation after your acceptance of the Tour Contract but before the commencement of the tour.

4.1.2. These changes may be carried out by the Company on account of cancellation of certain bookings and reservations by third party service providers, non-availability of certain features, packages or other services requested by You, or the inability and incapacity of third party service providers due to cessation of business, insolvency, death, infirmity or any other reason whatsoever or on account of any unforeseen and unpredictable circumstances.

4.1.3. The Company will make a reasonable effort to notify You of such developments in advance of your tour.

4.1.4. The Company, however, assures You that the changes made as a consequence of these aforementioned events, will be effected in good faith keeping in mind your interests and preferences and will be in line with the overall plan of the tour.

4.1.5. If required, the Company may at its sole discretion offer You the option to either a change in booking at no extra cost or in the event of any material change to the tour as a result of the above, cancellation of the entire tour package.

4.2 The ‘New Tour Contract’
If You choose to continue with the altered/modified/changed itinerary as provided in clause 4.1.5 hereinabove, the Company shall draw up a new travel confirmation incorporating the changes. In addition, if availing of the alternate services requires You to make any additional or further payments, the Company shall also issue a new invoice incorporating such changes.

4.3 Acceptance of the ‘New Tour Contract’

4.3.1. You are not under an obligation to accept the altered/modified/changed travel confirmation.

4.3.2. Should You choose to accept the altered/modified/changed travel confirmation and the revised charges associated therewith, the new ‘Tour Contract’ and the new invoice shall replace the old Tour Contract and invoice, and will be the contract that binds You.

4.3.3. You may choose to terminate the original Tour Contract and not accept the new contract, in which case You will be entitled to a refund of the costs already tendered by You to the Company after deduction of all rightful and lawful service, consultancy and advisory charges including all expenses incurred by the Company in providing these services and all other cancellation charges (if any) for the bookings and reservations of third party services and products, including but not limited to flight tickets and hotel reservations.

5. Cancellations, changes to booking and applicable charges and refunds

5.1 Cancellation of or Changes to the Tour Contract by You

5.1.1. You may cancel or change the Tour Contract any time before the start of the tour by providing written notice to the Company, subject to the cancellation policy provided in clause 5.2 below.

5.1.2. The date of cancellation or change is the date on which the company receives notice of your cancellation or change request.

5.1.3. It is clarified that any alterations to the tour requested by you, including advancements or postponements of tour dates, shall constitute a change to the tour and will be subject to the cancellation policy in clause 5.2 below to the extent of the changes only.

5.2 Charges relating to Cancellation or Change

5.2.1. All refunds in the event of cancellation or change of a Tour Contract shall be subject to the cancellation charges as follows:

  • For cancellations made 61 or more days prior to the start date of the tour 20% of the value of the trip will be charged
  • For cancellations made 31-60 days prior to the start date of the tour 50% of the value of the trip will be charged
  • For cancellations made 15-30 days prior to the start date of the tour 80% of the value of the trip will be charged
  • For cancellations made 14 days or less prior to the start date of the tour 90% of the value of the trip will be charged
  • For cancellation / shortening / unused portion of trip after start of trip (including date of commencement of the trip) 100% of the total value of the trip will be charged

5.2.2. The cancellation of or changes to international flights booked by the Company as part of your tour may be subject to different terms and conditions from those provided above and any and all such fees or charges must be borne fully by You.

5.3 Disbursement of Refund Amount
The Company shall disburse any applicable refund amount within thirty (30) days of the receipt of the request/instruction to cancel or change the tour.

6. Cancellation of Change of the Tour Contract due to Circumstances Beyond Control of Company

The Company shall not be responsible to You for any loss, injury or damage to person, property, changes in tour itinerary, or otherwise in connection with any accommodation, transportation or other services, resulting – directly or indirectly – from any Act of God, dangers, weather conditions, volcanoes, floods, fire, accident, breakdown in machinery or equipment, breakdown of transport, wars, civil disturbances, strikes, riots, thefts, pilferages, epidemics, medical or custom department regulations, defaults, exigencies or any other causes beyond our control (“Force Majeure Event”). Either You or the Company may choose to terminate the Tour Contract due to any Force Majeure Event. On termination of the Tour Contract as specified in this clause, the Company shall, where possible, make a commercially reasonable effort to refund the amount paid by You, less the amount already spent on You by the Company during the tour and any other non-refundable fees and charges. However, please note that the Company shall not be obligated to and does not guarantee that You shall receive a refund. You shall be liable to pay costs for the services and products utilized until the date of termination. In the event of termination due to a Force Majeure Event, the Company shall not be liable to pay any compensation, interest or damages to You. The Company has the obligation to take reasonable measures to bring You back to your origin if the Tour Contract includes a return journey. However, any additional costs for the return journey must be borne solely by You. In case of a Force Majeure Event, the Company reserves the right to change / modify / vary / alter the tour itinerary and/ or Tour Price accordingly. Any such change shall be intimated to You, prior to the start of the tour or on tour, as the case may be. Additional charges, if any, due to such changes may be charged to You. In the event of a Force Majeure Event, where You choose to continue with the tour, You shall not be entitled to any refunds from the Company for limitation and/or non- availability of certain services including museums, restaurants, sightseeing, shopping etc. even though included in tour itinerary.

7. Liability of the Company for third party acts

The Company takes no responsibility for and the Company is not liable for, any loss of life/limb, property, money, sickness, delay, discomfort or hardships sustained by You on account of any act or omission of any third party not associated with or engaged by us. In addition, we also take no responsibility for any act or omission of any of your co-travelers, if it results in any injury, damage, danger to the life/limb or property, delay or hardships to You.

8. Guarantee and Financial Protection

8.1 Remedial Measures
If the Company fails to perform its promises substantially in accordance with the Tour Contract, You are entitled to request the Company to remedy the deficiency in services. If the Company fails to remedy a material breach of the Tour Contract, You may terminate the Tour Contract as provided below. However, the Company can refuse to undertake remedial measures if it entails disproportionate, additional or anticipated expense and/or damages.

8.2 Termination of the contract by You for breach by the Company
If the tour is hampered significantly due to a deficiency of service on the part of the Company and the Company does not offer any remedial measure within a reasonable period of time, then You can terminate the Tour Contract in accordance with these Conditions through a written notice to the Company. However, in such a situation, You are bound to pay the Company the portion of the Tour Price for such services that You have already availed of.

8.3 ATOL Financial Protection (Applicable only if You are a resident of the United Kingdom)
(Enchanting Travels ATOL membership no. 10358)

8.3.1. When You buy an ATOL protected flight or flight inclusive holiday from the Company, You will receive an ATOL Certificate. This lists what is financially protected, where You can get information on what this means for You and who to contact if things go wrong.

8.3.2. The Company, or the suppliers identified on your ATOL Certificate, will provide You with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither the Company nor the suppliers are able to do so for reasons of insolvency, an alternative ATOL holder may provide You with the services You have bought or a suitable alternative (at no extra cost to You). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and You agree to pay any money outstanding to be paid by You under your contract to that alternative ATOL holder. However, You also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case You will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

8.3.3. If the Company or the suppliers identified on your ATOL certificate are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) You under the ATOL scheme. You agree that in return for such a payment or benefit You assign absolutely to those Trustees any claims which You have or may have arising out of or relating to the non-provision of the services, including any claim against the Company, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums You have claimed under the ATOL scheme.

8.4 Company’s Insurance
The Company is covered by an insurance policy which guarantees and protects your payment to the Company against any potential risk associated with the Company and your payment, in the unlikely event of the Company’s bankruptcy, insolvency or cessation of business. The insurance cover entitles You to a refund of the Tour Price paid by You to the Company if the Company is unable to provide travel services as a result of liquidation of the Company or the initiation of insolvency proceedings on the assets of the Company.

9. Limitation of liability

9.1 The contractual liability of the Company for damages is limited to three times the Tour Price paid by You as of the date on any claim brought by You against the Company or € 4100, whichever is higher, subject to clauses 5 and 6 above and applicable law.

9.2 A claim for damage compensation against the Company is restricted insofar as a claim for damage compensation can be made against the service provider only under certain preconditions or is excluded under certain preconditions due to applicable contractual or legal regulations, which are applicable to the services provided by the service provider.

10. Obligation to cooperate

10.1 Cooperation with third party service providers

10.1.1. You must at all times cooperate with the personnel of third party service providers, airlines staff, hotel staff, adventure activities instructors, tour guides, the local tour management etc. during your holiday/trip within the framework of legal regulations.

10.1.2. You shall also co-operate and assist them to mitigate or avoid any damages or keep such damages at a minimum in case there is any disruption of services.

10.1.3. If You have any complaints or grievances in this regard, You must immediately inform the Company, who shall take necessary action for salvaging the situation at its sole discretion.

10.2 Transactions entered into by You as an individual

10.2.1. In addition, You alone are responsible for all the transactions and purchases made by You on your holiday and the Company shall not be liable for any of them unless they are made through the Company.

10.2.2. The Company will also not censor, screen or otherwise control any of these transactions and evaluate whether these transactions are legal and valid as per the law of the country You are a citizen of or reside in.

10.2.3. All these are your sole responsibility and You alone shall bear any associated liability.

10.3 Compliance with applicable laws

10.3.1. You agree to comply with all applicable laws, rules and regulations and codes of conduct regarding use of the services, products and other facilities in any country, state or locality You visit as part of a tour.

10.3.2. In the event of any violation, non-observance or breach of any applicable laws, rules, regulations and codes of conduct of any country, state, city or locality You visit, You alone shall be liable for any acts or omissions that attract any prosecution, penalties or any other disadvantage, the Company shall bear no responsibility or be liable in any manner for these.

10.4 Accuracy of Information provided by You
You shall also provide the Company only accurate and valid information while requesting for any services under these Conditions, and shall refrain from providing inaccurate and fallacious information or misrepresenting or concealing any relevant facts.

10.5 Competence to contract

10.5.1. You must be an adult and of legal age to enter into a binding agreement with the Company and should not fall under any of the categories of persons disqualified from or incompetent to enter into binding contracts.

10.5.2. You must also not be barred from using or availing of any services under the laws of any country You wish to travel to, or other applicable laws.

11. Passport and Visa

11.1 Passport and Visa Requirements

11.1.1. It is your responsibility to ensure that You hold a passport which is valid for a minimum period of six (6) months from the date of return of your trip.

11.1.2. You should acquaint yourself with all requisite information and details relating to visa requirements and the rules and norms governing travel in the country You wish to visit.
11.1.3. You shall be required to obtain the visa yourself. However, in limited circumstances, the Company shall facilitate procuring of the visa on your behalf.

11.1.4. Please note that the cost of visas is not included in the Tour Price stated in any proposals or trip itineraries sent to You by the Company.

11.2 Liability of the Company in the event of Delegation to obtain your Passport or Visa

11.2.1. In the event the Company agrees to acquire these documents on your behalf, the Company shall not be responsible for the non-issuance of such documents or liable for any delay or other related act/omission or for any loss, expense, damage or cost resulting there from, as the Embassies, Consulates, High Commissions or the sovereign governments of countries have the sole sanctioning power and ability to issue and grant visas, immigration clearances and other official permits.

11.2.2. It is your responsibility to not only submit the application in the prescribed format and accurately filled along with the necessary and relevant documents and photographs, within the specified time to the Company to enable it to secure your visa and other possible permits, but also to peruse the same after issuance so as to check for irregularities and errors.

11.2.3. In the event that the application for a visa made by You or the Company on your behalf is rejected by the concerned Embassy, Consulates, High Commissions or Authorities due to insufficient and /or inaccurate supply of documents furnished or due to any other reason whatsoever, the Company shall not be liable for the same.

11.2.4. The Company in addition shall also not be responsible for any typographical error, misprint or mistake in the name, type of visa, duration of the visa and other details contained therein.

11.2.5. The Company shall not be responsible for timely issuance of and access to the necessary visa by the relevant diplomatic agency, if You have authorized the Company to get the same, unless the Company is solely and directly responsible for the delay.

11.2.6. However, in the event that You are unable to travel on the tour booked by You, due to rejection or non-issuance or issuance of a defective visa by the concerned Embassy, You may choose to cancel or postpone the tour or terminate the Tour Contract, and the amount of refund You may be entitled to shall be in accordance with clause 5 or as specified by the Company.

12. Jurisdiction

12.1 These Conditions, the Tour Contract and any other documentation provided to You by the Company shall be governed by the laws of Germany.

12.2 Subject to any mandatory laws, You hereby irrevocably agree that the relevant courts of Munich, Germany shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms and any matter arising there from and no other courts shall have any jurisdiction whatsoever in respect of such disputes.

12.3 You irrevocably waive any right that You may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.

13. Indemnification

13.1 You (“The Indemnifying Party”) agree to indemnify, defend and hold harmless, the Company, its directors, executives, employees, agents and other officers, its lawful successors and assigns and/or the Company’s affiliates, their websites and their respective lawful successors and assigns (“the Indemnified Party”), from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnified Party that arise out of, result from, or may be payable by virtue of any breach or non-performance, of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Conditions or the additional terms set out in the Tour Contract.

13.2 The indemnity contained in the above sub-clause is without prejudice to and in addition to any remedies or other rights provided by law and/or statute and/or under any other provision of these Conditions.

14. Intellectual Property Rights – Company Website(s)

14.1 The Company Website(s) include a combination of content created by the Company, its partners, licensors and associates.

14.2 The intellectual property rights in all software underlying the Company Website(s) and services and material published by the Company on the Company Website/s or otherwise, including (but not limited to) written content, photographs, graphics, images, illustrations, advertisements, marks, logos, audio or video clippings and Flash animation (“Intellectual Property Rights”), are owned by the Company, its partners, licensors and/or associates.

14.3 You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of such materials either in whole or in part without the Company’s express authorization or consent.

15. Insurance

15.1 Company has no liability
Unless explicitly provided by the Company in any specific service or product, obtaining sufficient insurance coverage is your obligation/option and the Company doesn’t accept any claims or liability arising out of such scenarios.

15.2 Insurance provided by third party
Insurance, if provided as a part of the service/ product by the Company, shall be subject to the terms and conditions of the insuring company and You shall contact the insurance company directly for any claims or disputes and the Company shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

15.3 Travel Insurance
You are strongly advised to obtain travel cancellation insurance and travel insurance prior to the period of travel. This may, without limitation, protect You (depending on the nature and terms of the travel insurance policy) from having to personally bear the fees resulting from any cancellation or change to the Tour Contract as specified in clause 5 above.

16. Warranty

The services of the Company are provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Conditions.

17. Miscellaneous

17.1 Communication with the Customers/Clients

17.1.1. The Company may ask for your contact details in the form of telephone number, email address, or others, to communicate with You and inform You of the status of your booking and reservations, to procure from You or provide You with additional information regarding the tour, change in schedule or itineraries, payments, cancellations, refunds and other tour related information.

17.1.2. If You are comfortable with a particular medium of communication only or do not want the Company to communicate with You via any particular medium, You can register a request with the Company to that effect. The Company shall thereafter communicate with You only via the medium selected and authorized by You.

17.2 Collection, protection and sharing your information with third parties

17.2.1. In order to make your tour reservations and other bookings, we will collect certain information from You including certain personal details such as age, gender, vocation, etc., and may share it with third parties including, but not limited to government agencies, hotels, and other third party service providers on an as-needed basis only.

17.2.2. However, we assure You that we maintain complete privacy of the information provided by our customers and will share only such information with the third parties as is necessary for the purposes of your travel booking, reservation compliance with law and other travel related purpose.

17.2.3. In addition, we may also collect your credit card, debit card and other bank account details if You choose any of these mediums to make payments to the Company.

17.2.4. We reiterate that such sensitive information will not be shared, transferred or sold by the Company to any third parties except for reasons or purposes provided in this clause.

17.2.5. We may also request You to give us your feedback and share your experiences on the tour/holiday by providing us with testimonials. These accounts or information may be published or displayed on the Company Website(s) and on brochures, presentations and other documents and can be viewed by anyone who visits, browses or reads these. This information may also appear in search results on the internet.

17.2.6. We assure You that the Company does not provide or share your personally identifiable or other information to third parties except as expressly provided in these Conditions or otherwise after having obtained your definitive consent and permission.
17.2.7. However, please note that we may disclose and share your information including personal information to comply with legal processes, in response to legal notices and inquiries including but not limited to civil and criminal proceedings, court orders, and other compulsory disclosures, when we in good faith believe that the information is required by the law or in order to assist government/legal enforcement agencies in their investigation and preventive actions against any suspected or actual, illegal or unlawful activity or conduct.

17.2.8. We may also use your personal information to enforce these Conditions and safeguard the rights, interests, property and personal safety of the Company, its customers/clients and the public in general.

17.2.9. All data and information gathered from You by the Company shall be subject to the Company’s privacy policy (available at www.enchantingtravels.com/privacy-policy-ag), as may be updated and modified from time to time.

17.3 Non- Commercial and Personal Use
Unless otherwise specified, the Company’s services are for your personal and non – commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Company Website/s or from the travel consultants and advisors without the express written approval/consent from the Company.

17.4 Revision/modification of the terms of these Conditions

17.4.1. The Company endeavors to regularly update the information provided to You, so that You may not face any inconvenience, difficulty or disadvantage while accessing any information.

17.4.2. However, there is a possibility that the information, software, products, services, images on the Company Website(s) or other documentation may contain certain typographical and other errors on account of the oversight or lapse on the part of the Company and its employees.

17.4.3. These inaccuracies will be rectified immediately once brought to the attention of the Company and its employees or other officers.

17.4.4. We strongly recommend that You do not rely upon or act in accordance with any advice/suggestions received from any person except an authorized representative/employee/officer of the Company.

17.4.5. The Company may make any improvements, additions, changes, rectifications, alterations to the content of the Company Website(s) at any time.

17.4.6. The Company reserves the rights to alter the terms of these Conditions, without notice. We recommend that You read these Conditions regularly to avoid any inconvenience.

17.5 Severability
The invalidity or unenforceability of one provision of these Conditions and/or of the Tour Contract shall not affect the validity, legality or enforceability of the remainder of these Conditions and/or of the Tour Contract.

17.6 Further Assistance
We at the Company believe in serving our clients with sincerity and honesty and therefore You can contact our travel consultants via telephone or write to us with your queries and we will be delighted to answer any query that You may have or provide any clarification that You may seek.

 

June 2015

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contact@enchantingtravels.com