Travel terms and conditions GOMAGMA Worldwide Adventures
As per March 2012
Clause 1: Introduction
Clause 2: Realization and content
Clause 3: Payment
Clause 4: The cost of the journey
Clause 5: Prices and tickets
Clause 6: Information and travel documentation
Clause 7: Changes made by the traveler
Clause 8: Cancellation by the traveler
Clause 9: Cancellation by the Tour Operator
Clause 10: Liability
Clause 11: Liability exclusions or limitations
Clause 12: The traveler’s obligations
Clause 13: Insurance
Clause 14: Applicable law and competent courts
These travel terms and conditions are applicable to all travel arrangements booked via the website of GOMAGMA Worldwide Adventures (hereafter also referred to as “GWA”).
Clause 1 - Introduction
For the purposes of these terms and conditions:
The Tour Operator is the organization that offers journeys/tours organized in advance to the public or a group of persons, in the course of his or her business in his or her own name as published on the GWA website.
a. Has entered a contractual relationship with the travel operator through the GWA website, or
b. Is the person on behalf of whom the journey is organized and who has accepted this to be the case, or
c. Is the person who, in compliance with Clause 2 of these Terms and Conditions, has transferred this legal relationship to the travel operator.
The Agent, in this case GWA Worldwide Adventures, is the party that enables the traveler and the tour operator to come to a travel agreement through a booking on agent’s website.
Travel agreement: The agreement in which the tour operator undertakes to provide, to his or her contractual partner, the journey organized in advance which compromises one overnight stay or a period of more than 24 hours as well as at least two of the following services:
c. Any other tourist service that forms a significant part of the journey but that is not either transportation or accommodation.
Main booker: The person who enters into an agreement for or on behalf of a third party (the main booking agent) and is jointly and severally liable for all obligations arising from the agreement. All contact and correspondence between the tour operator, GWA and the traveler is conducted through the main booker.
Travelers who have not yet reached their majority age must demonstrate that they have their parents` or guardians` permission to undertake the journey.
The term written in these terms and conditions may be taken to include electronic documentation.
Clause 2 - Realization and content
Offer and acceptance of offer
The agreement is concluded by means of an offer and the acceptance of the offer. When booking through the Internet, the traveler indicates by clicking on the ‘accept-button in the booking process, to agree with the general terms and conditions of the agent and those of the specific tour operator. Doing so, the traveler indicates that he or she has read and understood the applicable terms and conditions and has accepted these terms and conditions as part of the agreement.
GWA strives to publish the availability per departure date as accurate and actual as possible. Still a deviation between the published and actual availability can occur since updates are not shown in ‘real-time’. After a booking GWA provides the actual availability situation as soon as possible in order to make the confirmation definite. In case the tour operator sees no possibility to accommodate the amount of travelers as per booking, GWA and the tour operator will offer an alternative departure date. The traveler(s) is/are entitled to decline this offer after which a refund of the (down) payment will be done as soon as possible.
GWA is not bound by any obvious errors or mistakes as published on its website. Such errors and omissions are errors and omissions that are or should be obvious at first glance to the average traveler as obvious errors or omissions. This applies explicitly to a published rate that shows an apparent abnormal deviation from the surrounding departure dates or from similar tours offered on the website. In such cases neither GWA nor the tour operator is obliged to deliver the tour accordingly. In case a down payment by the traveler has been made, GWA guarantees a swift refund.
Traveler`s obligation to provide information
Prior to, or at the moment of, the conclusion of the agreement, the traveler must provide all information with regard to himself or herself, and any other travelers that he or she is acting on behalf of, that is or could be of importance to the conclusion and execution of the agreement. This includes any information on the health of the traveler or travelers.
The traveler must also report any particular information with regard to the capacity and/or composition of the groups of travelers that could be of importance in executing the journey. If the traveler fails to fulfill this obligation to provide information, and this failure results in the traveler or travelers being excluded from any further participation in the journey by the tour operator, the costs can be charged to the traveler by the tour operator. GWA is in any case not responsible for the correctness or accuracy or in any other way of the traveler information.
The travel must state any preferences when booking the journey. Special preferences will be met as far as is possible, but this is dependent on the tour operator and its service providers, such as hoteliers. GWA or the tour operator cannot guarantee that the traveler`s expressed preferences will be met and the traveler may not derive any rights from stated preferences. The tour operator and/or its service providers may charge extra costs for meeting the traveler`s expressed preferences. After consultation between GWA, the tour operator and the traveler, these costs will be charged to the traveler.
Clause 3 - Payment
During the online booking process, the traveler must pay a down payment at a certain and given percentage of the total agreed price for the journey unless the tour operator demands a specific, exceptional payment or fixed amount. Other rules of payment may apply in the organization of adventure journeys, cruises and journeys with the traveler`s own transportation. Where this applies, GWA will inform the traveler clearly prior to any arrangements being made.
Note that some tour operators apply a so called ‘non-refundable’ part of the down payment. This is stated clearly in the tour operators’ terms & conditions before and at the time of booking as well as with the booking confirmation.
The tour operator must receive, through GWA or directly, the outstanding balance of the total cost of the journey at least six weeks in advance of the date of departure unless the tour operator applies a different (earlier) deadline. In the latter case the tour operator, through GWA or directly, will inform the traveler clearly at the time of booking confirmation.
If the traveler is booking the journey within the deadline of an outstanding balance prior to the date of departure, the amount must be paid in full at the time of booking.
The traveler is in default if he or she has not paid the required amount by the deadline stated. The traveler must be afforded the opportunity to pay the amount due. The traveler must pay this amount within seven working days of being afforded the opportunity to do so. If the payment is not received within the specified period, the agreement can be considered as annulled by the tour operator on the day the traveler is in default. GWA and/or the tour operator has/have the right to charge any associated cancellation costs.
A payment can be made by internet banking or by means of an international transfer that you can make at your own bank. Such payments are free within the EU. The traveler should take into consideration the length of time the transaction may take. Certain payment methods may incur extra banking/handling costs that can result in an extra surcharge to the booking. This then is clearly stated at the time of booking and payment.
Clause 4 –The rate and cost of the journey
All of the prices quoted in the program are in principal in the currency of the tour operator and published according to the tour operators’ information. They are per person and published as they were known by the agent and approved by the tour operator at the time of publishing the program on the agents’ website.
Costs only include all services as stated at the specific tour webpage.
Costs related to travelling by air, insurance or travel extensions are not included in the prices, as these are a separate product or service.
GWA offers the visitor of the website the opportunity to view the prices in a preferred, different currency by converting the price into that currency based upon a daily currency conversion update. Visitors or bookers can experience marginal changes between prices online, on their invoice and/or their bank statement due to differences in applied conversion rates due to e.g. time elapsed or conversion policies of intermediate banks. The agent can under no circumstance be held responsible for any loss of money or increase of price due to currency conversion differences.
The tour operator reserves the right to increase the cost of the journey up to 20 days prior to the date of departure, should any of the above-mentioned costs have increased in the meantime. This applies as well to specific cost items that can one-sidedly be increased by third parties like e.g. park authorities.
Clause 5 - Prices and tickets
International and/or domestic airline tickets are not part of the tours and tour prices published unless stated explicitly as included. Travelers can book their own airline tickets or book them through GWA. The traveler enters into an agreement with the airline company himself or herself, irrespective of whether the airline tickets are booked by the traveler or GWA. The price of the airline tickets is subject to change until the moment that the tickets are issued. The level of airport tax and fuel surcharges are continuously subject to change and are determined by oil prices and tightened security measure, among other factors. The level of these surcharges is fixed by the airline when the ticket is issued. The tickets are issued only when GWA has received the complete amount for the airline tickets and surcharges. If necessary, GWA will issue a separate, later invoice for any surcharges arising due to an increase in fuel prices.
Cancellation or amendment of the airline tickets after they have been issued and any associated costs are dependent on the terms and conditions imposed by the airline companies.
Airline tickets are not transferrable.
Clause 6 - Information and travel documentation
The tour operator, through GWA, will provide the traveler with the necessary information on passports, visas and other formalities with regard to health that are required, upon acceptance of the offer. The traveler is responsible for obtaining the necessary information from the relevant health and risk assessing institutions/organizations.
Travelers must be in possession of the required travel documentation, such as a passport (valid for at least six months), any visas, inoculation certificates, driving license and medical certification for any extreme sports (paragliding/diving).
If the journey cannot take place, or can only partially take place because the traveler is not in possession of the documentation required, all associated costs will be charged to the traveler.
Clause 7 - Changes made by the traveler
The traveler has the right to report any changes after the agreement has been reached. GWA shall endeavor, as far as is possible, to the tour operator on those changes. Administration costs and/or any other additional costs may be charged by the agent and/or the tour operator to the traveler depending on the consequences of the change. The tour operator may reject any proposed changes, and state the reasons for the rejection. The traveler may then retain the original agreement or cancel it. In the latter case, Clause “Cancellation by the traveler” is applicable.
Clause 8 - Cancellation by the traveler
If an agreement is cancelled by the traveler, the traveler is liable for the cancellation costs as stated by the tour operator in its terms & condition as handed to the traveler prior to, during and after the booking on the tours’ webpage and on the booking pages.
In addition to the cancellation costs as applied by the tour operator GWA charges a standard cost for banking, administration and handling of 100USD per booking (not per person).
Cancellation may only be done by means of a registered letter or email. The date of cancellation will be deemed to be the date on which GWA received the letter or email of cancellation.
Clause 9 - Cancellation by the tour operator
1. In case the minimum amount of participants of a specific tour and departure date are not reached at a certain moment prior to departure, the tour operator has the right to cancel the tour. The tour operator may offer an alternative tour or departure date to the traveler. The traveler has the right to accept or refuse this offer. In the latter case GWA and the tour operator will endorse to refund all (down) payments as made up until the moment of cancellation. This excluded costs made by the traveler in its preparation (e.d. visa, vaccinations, air tickets) that are not explicitly included in the tour price as paid partially or in full by the traveler.
2. The tour operator has the right to cancel the agreement due to serious circumstances. Serious circumstances may be taken to mean circumstances of such a nature that GWA could not reasonably be expected to carry out the agreement in such circumstances. Such circumstances could include the weather (fog, storms, and heavy snowfall), natural disasters (volcanic eruptions, forest fires and hurricanes), political circumstances (war, riots), plagues of insects, changes to scheduled transportation and mechanical breakdowns. If the journey does not take place, GWA will do all that is possible, should the traveler so wish, to offer a comparable journey.
Clause 10 - Liability
1. The Tour Operator is required to carry out the agreement in accordance with the reasonable expectations of the traveler based on the agreement. Traveler and tour operator have a direct mutual agreement and in case of any deviations in the operation of that agreement the tour operator is directly liable to any complaint or claim by the traveler. GWA is in principle no party in such cases. The role of GWA in such cases is in principle limited to assisting the traveler in its contact with the relevant tour operator contact persons in order to enable both parties to solve the situation.
If the journey is not in accordance with the traveler’s expectations, the traveler is required to state this as soon as possible on location to the tour operators’ staff and preferably as well to GWA.
If the journey is not in accordance with the expectations the traveler may have based on the agreement, the tour operator is required to compensate for any damage unless the failure to meet the expectations cannot be attributed to the tour operator or its sub-contractors, or to any person requested by tour operator to assist in executing the agreement, because:
- The shortcoming in meeting the terms of the agreement is the fault of the traveler; or,
- The shortcoming in the realization of the agreement could not be predicted, or prevented and is attributable to a third party who is not involved in providing the services included in the journey; or,
- The shortcoming in the realization of the agreement is attributable to an event that neither the travel operator nor any party whose services are employed in realizing this agreement, having taken all reasonable precautions, could not have foreseen or prevented; or,
- The shortcoming in the realization of the agreement is attributable to force majeure. Included under force majeure are: abnormal and unpredictable circumstances that, despite all possible preventative measures, could not be avoided irrespective of the will of those who would do so.
2. If the tour operator is responsible for the loss of enjoyment of the journey, pursuant to the applicable law, the maximum compensation for this is according to that law and/or the tour operators’ terms & conditions whichever is applicable or imperative.
3. The liability for damage other than the injury or death of the traveler is limited to a maximum pursuant to and as stated in the applicable law, unless there is intent or gross negligence on the part of the tour operator. Liability arising from death or injury is not limited.
Clause 11 - Liability exclusions or limitations
- If a service included in the journey is excluded from, or carries limited, liability pursuant to an applicable Treaty that grants or permits the exclusion or limitation of liability, the tour operators` liability is accordingly excluded or limited.
- A tour operator is not liable for damages the traveler could reclaim or claim from an insurance policy such as travel or cancellation insurance.
- Neither GWA nor the tour operator is liable for the shortcomings of any airline company. The flight is not part of the journey agreement. The traveler enters a separate agreement with the airline company.
- GWA is not liable for obvious errors in the journey program. Such errors and omissions are errors and omissions that are or should be obvious at first glance to the average traveler as obvious errors or omissions.
Clause 12 - The traveler`s obligations
The traveler is obliged to follow all instructions given by the Tour Operator as well as the travel guide or guides. The traveler is liable for any damage that results from not meeting this obligation. Travelers are required to keep to all arrangements with regard to meeting times and places. The traveler is liable for the costs of not keeping to these arrangements.
Clause 13 - Insurance
GWA requires all travelers to have travel insurance. Cancellation insurance is also advisable.
You, as the traveler, are responsible for acquainting yourself with all the valid travel insurance conditions and making sure that all elements of the journey and all activities are covered by the insurance.
Clause 14 - Applicable law and competent courts
For the travel agreement with the tour operator the applicable law is stated in tour operators’ terms & agreement and are concluded based on these terms and conditions.
For any dispute with GWA, as in not related to the content or execution of the travel agreement, the District Court in GWA`s place of residence is the court competent to rule on any dispute. Only a Dutch court is competent to rule on such disputes.