Terms and Conditions

Conditions of Use

SKY VACATIONS

Welcome to the website of SKY VACATIONS ("Sky Vacations," "us," "we," "our," "travel agent," or "tour operator"). These Terms of Service (the "Terms") govern your use of all of our websites, including but not limited to www.myskyvacations.com and any other websites that we may acquire or operate in the future (each, a "Site," and collectively, the "Sites"); our mobile applications ("Apps"), our application programme interfaces ("APIs"), and other products and services that we may acquire or operate in the future (collectively, the "Sites, Apps, APIs, and the SKY VACATIONS is an Indian corporation incorporated under Indian law and registered in India under the following name:

SKY VACATIONS PVT LTD
UG12, ANSAL IMPERIAL TOWER
C-BLOCK, NARAINA VIHAR,
NEW DELHI – 110028

support@myskyvacations.com

 

Section A – Generally Applicable Provisions

1. Introduction

1.1. These Terms of Service ("ToS") – along with our Privacy Statement – regulate your use of the services on our SKY VACATIONS platform and serve as the foundation for the user relationship between SKY VACATIONS and you. All visitors to our website and travellers who use our services are considered users. SKY VACATIONS' platform consists of our websites and mobile applications.

1.2. For your own benefit and that of your employer (if applicable) and any other entity on whose behalf you act, you acknowledge and agree that the terms of this Terms of Service and our Privacy Policy, which are both incorporated herein by reference, will govern your access and use of the Site. To use the Site, you must agree to these Terms of Service and the Privacy Policy. If you do not, you must not use the Site.

1.3. A one-time, free registration is necessary to access all services on the SKY VACATIONS platform (see 2.). Certain services are chargeable. The event-based travel search feature is also available without requiring registration and is available to all users. A booking made on the SKY VACATIONS platform may be for a linked travel service or a package tour. Sections B and C detail the associated rights and obligations for linked travel services and package vacations.

1.4. These Terms of Service apply exclusively to the usage of the SKY VACATIONS platform and govern our own services. The discovery of travel connections using our search engine, the distribution of package tours and the brokering of associated travel services, the referral of travellers to third-party booking platforms, and the usage as a part of our trip services.

1.5. Our Terms of Service do not apply if you are referred to another booking site; in this situation, the third-party providers' terms of service apply. They also do not apply to the terms and conditions under which you purchase tickets through third-party suppliers' booking systems, even if we guided you there. The third-party suppliers' or travel agents' terms and conditions of service govern these terms and conditions.

 

2. SKY VACATIONS SERVICES

The SKY VACATIONS platform's services are designed to make travel planning easier, better, and faster, and to give you with full information on all travel segments as quickly as possible, so that you may compare and book the travel options displayed in each situation. Additionally, the SKY VACATIONS service is meant to assist you with administrative tasks associated with travel management and to significantly save time spent.

2.1. Travel and accommodation search engine and comparison platform

2.1.1 SKY VACATIONS displays a variety of travel and lodging choices for your meetings and events based on your specified dates and settings. We collect and present your travel alternatives between addresses using various modes of transport (including train, bus, airline, and automobile) as well as your lodging options at the destination in a straightforward and simple manner. We rank travel options based on their time, cost, and other characteristics, but make no claim to the rankings' completeness or correctness. You can compare travel and hotel alternatives based on the duration of the journey, the cost, and other factors. Additionally, you can manually modify the mode of transport for sub-segments of a trip based on your needs.

2.1.2 This does not mean that the results of the search query are a suggestion or even an advertisement for a specific travel or hotel alternative. In the journey detail view, we mark segments that aren't bookable if we don't have access to bookable live data. Please keep in mind that the arrival and departure times for these indicated travel connections may differ from those shown.

2.1.3 We take every precaution to guarantee that the information on our platform is accurate. In order to figure out the specifics of the trips and transportation arrangements, we rely on the data provided by the relevant service providers. Due to the massive volume of data we collect and provide, we lack the resources necessary to completely check the accuracy and currency of all the information we collect and present. In the case of parts that are not bookable through SKY VACATIONS, please verify the individual travel details for yourself by following the link supplied by us or by directly accessing the pages of the relevant service provider/organizer.

2.2. Travel and lodging booking platform

2.2.1. SKY VACATIONS offers all bookable segments of the journey online as a package tour, a linked travel service, or as individual travel services.

2.2.2. SKY VACATIONS may act as a travel agent (as defined in Section B) and/or as a tour operator (section C).

2.3. SKY VACATIONS Registration

2.3.1. By registering with SKY VACATIONS, you gain access to a variety of features that make organising and managing your trip activities much easier.

2.3.2. Your name, e-mail, and password are all that is required to create an individual user account. You must also agree to these Terms of Service and our privacy statement, and confirm that you are at least 16 years old. All data transmitted will be used solely in accordance with our privacy policy laws. Additionally, you can register for specific social networking sites using your user account.

2.3.3. Each user may register on the SKY VACATIONS platform only once and certifies that he or she is not already a registered user with SKY VACATIONS or has erased an existing user account.

2.3.4. If the registration process is not completed, for example, because personal data or acceptance to these terms and conditions are absent, SKY VACATIONS will deactivate the (partially) formed user account within ten days.

2.3.5. Each registered user is responsible for safeguarding his or her registration data against unauthorised access, misuse, or fraudulent use by third parties. All suspected or actual unauthorised, abusive, or fraudulent use of the user's account must be reported immediately to support@myskyvacations.com by the user.SKY VACATIONS will not return any funds paid by the user in the event of misuse unless the user reports the unauthorised access, misuse, or fraudulent usage.

2.3.6. SKY VACATIONS has the right to terminate or deactivate any registered user's account for misuse or fraudulent use.

2.3.7. After registering as a user on the SKY VACATIONS platform, you can save planned and completed trips and add additional travel details, as well as documents such as tickets and booking confirmations, for your journey segments. To further personalise your trip search, you may create a unique user account and include details such as annual and discount cards (such as rail cards or frequent flyer programmes) or travel preferences.

 

 

2.4. Travel Management Service

2.4.1. A one-time registration is necessary to access our travel management services (see 2.2). Registration is completely free. The travel management service is somewhat remunerated.

2.4.2. SKY VACATIONS enables you to greatly simplify administrative tasks associated with travel management.

2.4.3. You can include critical information about your administrative operations, as well as information about your personnel and their user privileges, as well as the company and often visited clients, in your company profile. SKY VACATIONS also includes an overview option ("dashboard"), which enables you to filter for and display numerous evaluations of your company's travel behaviour. Additionally, you may configure travel management standards that are taken into account when personnel associated with the firm seek for travel.

2.4.4. Trips arranged with SKY VACATIONS serve as the foundation for active usage of Travel Management. The trip approval function enables you to get scheduled excursions approved by an authorised individual inside your organisation. In order to meet internal accounting requirements, you can add additional information or receipts to the trips themselves at any time during or after the journey. You can then approve the entire trip and have it forwarded to the appropriate area within your organisation for final settlement. To do this, SKY VACATIONS gives you with a variety of design options for this interface. SKY VACATIONS does not provide automated expense reporting for travel expenses.

2.4.5. Please keep in mind that our platform is unable to map all travel management processes and rules that are common in your organisation. We look forward to hearing from you if you require additional options that are important to you. Please refer to Section 2.2.1 of our Privacy Policy for additional information on the storage of data obtained through your contact.

 

2.5. SKY VACATIONS APP

2.5.1. Additionally, SKY VACATIONS provides a mobile application. This grants you access to the entire platform's functionality. Additionally, the mobile application constantly updates you on the present and forthcoming travel phases of your itinerary.

2.5.2. Please be aware that the mobile application requires a smartphone and that any fees spent during data transfer between the server and the mobile application are borne by the user.

 

 

2.6. Publicity

2.6.1. Users who use a payment SKY VACATIONS service at least once a year are recognised as "paying clients" by SKY VACATIONS, and we protect them from external provider advertising. SKY VACATIONS reserves the right to contact paying customers on product changes and new features. The user can control the amount to which this information is stored by modifying the settings in his or her user account.

2.6.2. SKY VACATIONS classifies all other users as "non-paying consumers." SKY VACATIONS maintains the right to offer adverts and special offers to non-paying customers. Additionally, SKY VACATIONS may communicate with unpaid customers regarding product changes and new features.

 

3. Payments

3.1. Payment for reimbursable services must be made in advance. The user may pay using a variety of various methods (credit card, Paypal, etc.). If a fee cannot be collected from the user's designated bank account, for example owing to insufficient funds, the user is responsible for all related costs, including bank charges associated with the return of direct debits or analogous charges.

 

4. Liability and Warranties

We hope you appreciate using our services at a fair cost. We do, however, exclude the following things from our services:

4.1. As far as the fundamental software and hardware are concerned, SKY VACATIONS makes no representations or warranties as to their availability, completeness, or error-free operation.

4.2. SKY VACATIONS makes no representations or warranties that data transmitted via external systems, including the internet or telecommunications networks, will not be traced, recorded, or falsified by third parties.

4.3. You are solely responsible for your usage of Sky Vacations' products and services. Users' use of the hardware, their downloading of their own content, and their exploitation of SKY VACATIONS and the user's data all fall under this umbrella. Legally, SKY VACATIONS cannot assume responsibility for the accuracy of such data.

4.4. SKY VACATIONS makes no representations or warranties for any external links, banners, or other information or advertising offers that may be placed on the user's behalf. Contractual ties between the user and a third-party provider, for example via linked sites or advertising, are formed only between the user and the third-party supplier. SKY VACATIONS is not responsible for the services provided by third-party vendors.

 

5. Disclaimer

5.1. SKY VACATIONS is accountable under applicable law, regardless of the legal basis (pre-contractual, contractual, or extra-contractual), only if a damage was caused by SKY VACATIONS, gross negligence, or willful misconduct. SKY VACATIONS is not accountable to corporations or consumers for minor fault except for injury to life, body, or health. SKY VACATIONS disclaims all obligation to businesses for consequential damages, pure financial losses, loss of profit, or damages resulting from third-party claims.

5.2. Any losses resulting from the use of the online and mobile offer or any other usage of the online offer will not be borne by SKY VACATIONS or any of its connected organisations. Likewise, this holds true for harm brought on by errors, malfunctions, viruses, or the loss of important data.

5.3. SKY VACATIONS does not guarantee the accuracy, completeness, or timeliness of the information on the SKY VACATIONS website. It's the same for all of the SKY VACATIONS platform's content that is offered to us by third parties. As with third-party websites, we are not liable for the availability of travel or travel connections at the time of booking or for the actual and defect-free performance of the service booked with a third party. There are no guarantees that the information, products, services, or software offered on our offer pages, including their suitability for a specific purpose, will meet the needs of our customers unless such suitability has been clearly communicated to our users.

5.4. SKY VACATIONS is not liable for network failures or disruptions that are not our fault. Technically, we strive to ensure that our service is error-free and uninterrupted.. However, we disclaim any obligation or liability for our offer's continued, uninterrupted, and undisturbed accessibility or usability. This is especially true for technological delays and breakdowns, as well as any ensuing damage.

5.5. The user assumes complete responsibility for any complaint, legal action, or other proceeding, whether in or out of court, that emerges from or is in any way related with disputes with other users. The user acknowledges and accepts that SKY VACATIONS is not liable for the activities or omissions of other users, including any damages resulting from such acts or omissions.

 

6. Liability Limitation

6.1. Our liability, as well as the liability of our employees, legal representatives, and vicarious agents, is limited to willful misconduct and gross negligence, unless we break essential contractual commitments ("cardinal requirements"). In the event of mild negligence, our liability shall be limited to usual and foreseeable damage and shall not exceed the maximum amount of the service purchased via SKY VACATIONS that is the subject of the asserted claim. These restrictions of liability do not apply to claims brought according any statutory warranty liability. Additionally, the limitations of culpability do not apply if the damage results in death, physical injury, or damage to health. Compensation claims against us expire twelve months after they arise, unless they are based on an intentional act. You agree to indemnify SKY VACATIONS and its vicarious agents against all third-party claims, including reasonable legal fees and costs, claimed against us or our vicarious agents as a result of your culpable behaviour, most notably a culpable violation of these Terms of Service.

 

7. The user's Release of Liability

7.1. If a third party alleges that the user's content submitted on the Sky Vacations platform infringes on their rights, the user agrees to defend SKY VACATIONS against such claims. SKY VACATIONS's legal defence costs, including all court and lawyer fees, are the user's responsibility in this case. This is not applicable if the user is not directly responsible for the infringement of rights.

7.2. In the event of a third-party claim, the user is required to immediately, truthfully, and completely inform SKY VACATIONS of all information available to him that is necessary for an evaluation of the claims and defence. SKY VACATIONS's further claims for damages against the user are unaffected.

 

8. Third-party offers

8.1. Third-party websites may be linked to in our offer, and we are not responsible for their content. This website does not own or assume responsibility for the content or functionality of these other websites, nor are we liable for any losses or damages that may occur from using them. If you visit any other websites, be sure to review their terms of service.

 

8.2. SKY VACATIONS is not the provider of the travel and accommodation services we organise, but rather they are supplied and sold through third-party websites. SKY VACATIONS is not involved in the presentation or description of such travel and lodging alternatives and hence bears no responsibility for the content of any offers or contracts made (or claims made) between users and third parties.

 

 

9. Privacy Statement

9.1 We will protect your personal data using industry-standard security measures. We are not accountable for any deterioration or misuse of this data by third parties, unless such deterioration or misuse could not have been avoided with the implementation of adequate state-of-the-art data protection measures. Our Privacy Policy governs your use of our service and the information you supply to us. When you use the SKY VACATIONS platform, you agree to our Privacy Policy's usage of your information.

 

10. Modifications to these Terms of Service (ToS)

10.1 Our offering will continue to expand in the future. As a result, we reserve the right, at our discretion, to amend these terms of serviceIf there are any modifications to the terms of service, users will be notified at least ten days in advance (via our offer sites). The new terms of service will apply to any future usage of our services after the effective date of the change. Unless you agree to the new Terms of Service, you must stop using our services no later than the day on which the changes take effect if you do not accept them.

Contact / Messages / Suggestions

If you believe that any of the contents on our offer violates any rights, including intellectual property rights of third parties (or yours), you should notify us immediately.

SKY VACATIONS PVT LTD
UG12, ANSAL IMPERIAL TOWER
C-BLOCK, NARAINA VIHAR,
NEW DELHI – 110028

support@myskyvacations.com

 

We also appreciate your feedback, suggestions for improvements to our platform, and encouragement and praise ("Feedback"). Assist us in improving our users' experience. Leave comments in the Feedback section, or email us directly at support@myskyvacations.com

Additionally, we encourage your feedback, recommendations for enhancements to our platform, ideas, and compliments ("feedback"). Contribute to the enhancement of our users' experience. Leave comments in the area titled "Feedback" or contact us directly at support@myskyvacations.com.

Your Feedback will be considered as non-confidential and non-proprietary. By providing us with feedback, you offer us a non-exclusive, royalty-free, sub-licensable, perpetual licence to use and disseminate the ideas and materials contained therein for any purpose and without payment to you. Naturally, this will be in conformity with our privacy statement.

12. Additional Provisions

12.1. Certain features and functionality described in these Terms of Service may not yet be included in our service or may be added in stages by us. This also means that we are constantly altering and enhancing our platform's offering, and hence cannot yet guarantee the offer's and platform's 100 percent stability. Under some conditions, the platform may still experience overload or display content incorrectly.

12.2. Unless otherwise provided in this Terms of Service, all notices and other communications to Users will be made electronically and communicated by SKY VACATIONS by email or messaging services (such as SMS and WhatsApp).

We recommend you to contact us directly at support@myskyvacations.com before commencing any of the following dispute resolution procedures to settle any of your issues or suggestions.

12.3 You and We undertake to present all claims, disputes, and controversies to one another in good faith, allowing each party sufficient time to analyse the claim and respond appropriately, prior to initiating any arbitration or judicial procedures.

12.4. You and we waive any rights to a jury trial, even in the event of court-ordered redress.

12.5 You and We agree that all claims (contractual and extra-contractual) must be resolved within 60 days of your notification to Us, and that any claims not settled within that time period must be resolved through obligatory arbitration as specified below.

12.6 You and we agree that any disputes, whether in arbitration or court, will be decided on an individual basis, rather than as a class, representative, or aggregated action. Arbitration and class action waiver will not apply to a particular claim if a court or arbitrator decides that any section of this waiver is unenforceable, but the arbitration agreement will continue to apply to all other claims that you or we may make in that case or any other action.

12.7. Both you and we waive any right to a jury trial, even for claims that are resolved in court.

12.8. All other terms and conditions, as well as any contract you may have with the User, remain fully valid and enforceable even if one or more of these terms or conditions is found to be untenable or unenforceable for any reason or reasons. Repeal and substitute a lawful provision that comes as near as possible to fulfilling the economic goal of an unlawful statute. To be more specific, this is especially true if a flaw is found.

12.9 Except for the United Nations Convention on Contracts for the International Sale of Goods, Indian law applies to all terms of service and legal disputes between users and SKY VACATIONS.

12.10 The Service Agreement's language. Please keep in mind that these Terms of Service are only legally binding in their English language version. Translations may be included solely for the convenience of the user. If there is a conflict between a translation and the English master version of these Terms of Service, the English master version shall prevail.

12.11 The application and interpretation of these terms of service are governed by Indian law. Delhi is the place of performance and jurisdiction.

 

Section B

SKY VACATIONS as a Travel Agent - General Terms of Service

1. Scope

1.1. The travel agent mediates travel contracts between the tour operator or service provider and the traveller for individual travel services (e.g., flight, hotel, etc.), package travel, and linked travel arrangements. The travel agent performs their services with the diligence of a prudent contractor in line with applicable rules.

SKY VACATIONS is defined as a travel agent in the following:

1.2. The General Terms of Service are regarded to have been agreed upon if they are made known to the traveller prior to the traveller being bound by a contract through a statement of contract or if the traveller is allowed to examine their contents. They constitute the foundation of the contract between the travel agent and the customer.

1.3. The following General Terms of Service shall apply to the agency contract (see item 1.2). The applicable General Terms of Service govern contractual interactions between the traveller and the brokered tour operator, the brokered transportation firms (e.g. rail, bus, plane, and ship), and other brokered service providers.

 

2. The Travel Agent's Function

2.1. The travel agent prepares trip proposals for the traveller based on the information provided by the traveller. If the travel agent is unable to prepare travel proposals based on the information provided by the traveller, the travel agent shall inform the traveller.

It is possible that the trip proposals could be based on faulty or partial information provided by the traveller if the traveller has not offered any additional information or explanation. When creating travel proposals, it is possible to utilise price, the tour operator's/service provider's experience, discounts, the best price principle, and other relevant criteria as parameters (without any claim to completeness).

 

2.2. The traveller can select a trip proposal from the travel agent's web services if he or she expresses an interest in one of the offered options. Personal and factual information (e.g., date of birth, citizenship, etc.) must be entered during the online booking process as well as all payment details. Travelers must also affirm that they have read, understood, and agreed to all the information provided by the travel agent and relevant documents (e.g. terms of service, privacy policy, standard information sheet etc.). An agreement has been made between an operator and a traveller when they click on the final "book" button and the payment process has been completed. No breach of contract occurs if the traveler's bank account is insufficient, the traveler's payment information is wrong, or the traveller is unable to make a payment due to a technical issue that the travel agent is not liable for.

When the traveller and the travel agent enter into a contract, the travel agent shall submit a booking confirmation.

2.3. The travel agent notifies the traveller depending on the information provided by the traveller. To the best of their knowledge, the travel agent represents the tour operator's package travel, as brokered based on the traveler's information, or, in the case of linked travel arrangements or individual travel services, the service provider's service, taking into account customary conditions in the country of destination as well as any tour-specific characteristics (e.g. combination of a business and leisure trip). No obligation exists to provide information about generally known circumstances (such as topography, climate, flora and fauna of the traveler's requested destination) if there are no circumstances necessitating a separate clarification or if clarification is not necessary for the provision, course or performance of the service. In general, it must be highlighted that the traveller picks a different environment knowingly, and that the quality, amenities, food (particularly seasoning), and hygiene levels correspond to the regional standards/criteria customary for the country/destination.

2.4. Before the traveller is bound to a package travel contract by a contract declaration, the travel agent shall inform the traveller by means of a standard information sheet in accordance with prevalent terms of use

2.4.1 That the package tour is available;

2.4.2. In order to plan the package tour and provide services, it is vital to list all of its inclusions and exclusions (e.g. in the case of an exclusively beach holiday, study trips etc. there may be no references to sightseeing tours due to the fact that these are not included in the agreed upon services).

2.4.3. Of the suitability of the package tour for people with limited mobility in general, as long as this information is relevant to the package tour. As a result of a handicap (sensory or motor, permanent or temporary), a person with reduced mobility is characterised as someone who cannot use some components of the package (e.g. particular forms of transportation or accommodation) and requires the services to be modified to this person's unique needs.

2.4.4. The country of destination's general passport and visa requirements, including anticipated time limits for obtaining visas and fulfilling health care formalities, provided that this information is pertinent to the package in issue. The trip operator can provide information on foreign currency and customs laws upon request. Of the suitability of the package tour for people with limited mobility in general, as long as this information is relevant to the package tour. As a result of a handicap (sensory or motor, permanent or temporary), a person with reduced mobility is characterised as someone who cannot use some components of the package (e.g. particular forms of transportation or accommodation) and requires the services to be modified to this person's unique needs.

2.5. It is mandatory for the travel agent to inform customers prior to contract declaration that they are not entitled to any rights which are exclusive to package travel, each service provider only liable for contractual provision of their service, and the traveller is protected against insolvency under the package travel ordinance in the event of a service provider's insolvency. If the standard information sheet for the associated travel arrangement is provided by the travel agent, then they are considered to be in compliance with this duty of information.

2.6. Special requests made by travellers that are consistent with customer preferences (e.g., sea view at hotels) are fundamentally non-binding and do not result in a legal claim, provided that the tour operator has not confirmed the request as a demand of the traveller or for connected travel arrangements or individual travel services, the service provider has not confirmed the request as a traveller requirement. A confirmation indicates the existence of a legally binding service agreement.

To be legally binding, a tour operator or service provider must affirm the travel agent's commitment to forwarding the traveler's requests to the tour operator or other applicable service provider before those commitments become legally binding.

 

3. The Traveller’s Obligation to Provide Information and Cooperate

 

3.1. Personal and factual information (e.g. date of birth, citizenship, etc.) must be provided to the travel agent in a timely, thorough, and truthful manner by the traveller prior to the departure of the trip. To ensure that the travel agent can provide the best possible service to the traveller and his or her companions, the customer must inform him or her of any health or mobility limitations, as well as any other restrictions that may be relevant for the preparation of travel proposals/travel offers, or for the tour and the provision of travel services (eg. medical certificate).

3.2. If the traveller has reduced mobility or other limitations or special needs as described in item 3.1 (e.g., the need for special medication or regular medical treatment), which may affect the trip's execution, the traveller is advised to consult a doctor prior to booking to determine whether the traveller is fit to travel.

3.3. Travellers who have mobility restrictions or other restrictions that fall within the definition of item 3.1 must immediately notify the travel agent, who can then notify either the tour operator or the service provider. For proof purposes, it is recommended to do so in writing.

3.4. There must be an agreement between the traveller and their agent before they may be considered the client and so assume the obligations of their contract (e.g., payment of expenses, etc) unless otherwise specified.

3.5. It is the responsibility of the traveller to verify the accuracy and completeness of all contractual documents (such as package travel contracts, booking confirmations, and vouchers) provided by the travel agent, and to immediately notify the tour operator of any inaccuracies, deviations, or incompleteness – for purposes of cohesiveness, the written form is suggested.

3.6. An individual who believes their travel arrangements have deviated from what was originally agreed upon has an obligation to immediately and fully notify the tour operator in writing of any perceived deviations, including a detailed description of what they are and why they differ from what was originally agreed upon. This allows the tour operator to make necessary corrections, depending on the circumstances (such as time zones or physical limitations) (e.g. cleaning the replacement room, finding a replacement hotel). If a contract violation happens during the travel agent's normal business hours, the traveller is expected to notify the travel agent. The traveller is strongly urged to notify the agent in writing, if only for documentation purposes. Outside of normal business hours, the traveller must promptly alert the tour operator's representative or, if no such person exists or is contractually owed, the tour operator directly via the emergency number stated in the package travel contract of any contract infringement. Failure to report a contract violation affects the traveller's warranty claims if corrective action might have been conducted on-site and such reporting could have been reasonably expected. Failing to disclose a deviation may also be seen as contributory negligence in the context of damage claims. Notifying the tour operator of a contract infringement does not ensure fast service from the trip operator.

3.7. In accordance with the payment terms, the traveller is responsible for paying any fees agreed upon within the scope of the contract. The traveller shall indemnify the travel agent against any losses sustained by the travel agent as a result of the traveller's failure to pay (advance payments by the travel agent).

3.8. Travelers who wish to make claims for compensation or price reductions against a tour operator and who later receive compensation or price reduction payments, or who receive any other payments or services from service providers or third parties to offset those claims (such as payments from a hotel), must disclose all relevant information to their travel agent or tour operator.

 

4. Insurance

4.1 If you're going on a trip for business or pleasure, don't forget to leave your most priceless possessions, like as jewellery, critical documents, and other priceless mementos and other such stuff, at home. A copy of crucial documents should be made, if such copies are permitted. Theft of valuables cannot be totally eliminated, thus travellers must face this risk alone.

4.2 In the event of a trip cancellation, trip interruption, luggage insurance, travel liability insurance, foreign travel health insurance, travel delay protection, and personal protection coverage should be arranged to cover the duration of the package vacation.

5. Contract for Package Travel

5.1. As soon as possible after concluding a travel package contract, the traveller will receive an electronic copy of the contract agreement or a written confirmation of it (e.g., e-mail, or if available inside the user account as a downloaded file). A paper copy of a package travel contract must be provided to the customer in the event that it is signed in the presence of the contractual parties. The traveller will receive a copy or confirmation of the package travel contract on a permanent data carrier if the contract is concluded outside of the company's premises (e.g. e-mail).

5.2. As long as no other arrangements have been made, the traveller will receive all necessary documents (such as confirmations of their bookings and vouchers), as well as information about the tour's departure time and any necessary connections or intermediate stops (such as e-mail addresses), well in advance of the start of the package tour. It is the traveler's responsibility to contact the travel agency or tour operator should any of the aforementioned documents contain inaccurate information.

 

6. Changes in Prices prior to Departure

6.1. It is the travel agent's responsibility to notify the customer of any price changes, as stipulated by the tour operator in the package travel contract, at least 20 days prior to the start of the package trip. The notification must include a reasoning for the price change. The traveler's most recent address will receive this information. However, if any third-party or service provider price changes are made, the travel agent will notify the traveller as soon as possible. As a result, the traveller will be held responsible for any damages, financial losses, or other issues that appear as a result of accepting the new pricing.

 

7. Modifications to the Service Prior to the the beginning of a journey

7.1. If the tour operator unilaterally implements a change to the provisions of the package travel contract, the travel agency must notify the traveller clearly, openly, and unambiguously using a permanent data carrier (for example, email).

7.2. Minimal, objectively justified changes that do not significantly alter the kind, duration, service content or quality of the booked package travel are referred to as insignificant adjustments.

7.3. If significant changes affect the essential characteristics of the travel services and/or have an impact on package travel and/or travel execution, the tour operator is expected to deliver a major reduction in the quality or value of the travel services. An individual's ability to hold a party accountable for the circumstances that led to a alterations in the standard or cost of transport services must be considered when determining whether or not a change or reduction in those services' quality or value is significant. This includes factors such as the package tour's nature, duration, purpose, and cost.

7.4. If the tour operator is compelled to make the aforementioned significant changes to the essential features of the travel services that define the nature and purpose of the package travel, or if the tour operator fails to meet the customer's clearly expressed needs or if the tour operator increases the package's total price by more than 10%, the traveller may:

• accept the requested adjustments within a reasonable time frame specified by the tour operator, or

• agree to take an alternate tour, if offered by the tour operator; or

• cancel the contract subject to payment of cancellation charge that may apply.

As a result, the travel agent shall advise the traveller of the following in a clear, understandable, and explicit manner by a permanent data carrier (e.g. E-Mail) in the aforementioned cases:

• changes in travel services and, where applicable, their effect on the package's pricing

• the reasonable period during which the traveller must notify the tour operator of their decision and the legal consequences of failing to do so within the reasonable period

• where applicable, the alternative package tour offered and its cost.

It is recommended that the traveller submit their decision in writing. If the traveller fails to submit a decision within the specified time period, this shall be interpreted as acceptance of the revisions.

8. Liability

8.1. The travel agent is liable for booking errors (e.g., spelling errors) as long as they are not the result of the traveller’s erroneous, wrong, or incomplete submission or are caused by unavoidable and extraordinary circumstances.

8.2. Any property damage or financial losses sustained by a customer as a result of bookings made via the travel agent are not covered by the travel agent's liability.

8.3. The travel agent is not accountable for the provision of the service they have not arranged or promised to arrange for the traveller, or for extra services ordered by the traveller after the voyage begins.

 

9. Compensation for Travel Agents

The travel agent is entitled to be compensated fairly for their services.

9.1. If services (e.g., package tours, flights, or hotels) are booked directly with the tour operator or service provider via the travel agent, the cost (booking fee) will be calculated and added during the online booking process.

9.2. If the traveller desires to transfer the package travel contract to another person, the travel agent is authorised to charge the traveller for the actual and not disproportionate expenses of the transfer.

9.3. For adjustments (e.g., rebooking, name change) necessitated by the traveller's erroneous or insufficient information, the travel agent is entitled to the actual and not disproportionate costs.

 

10. Electronic Correspondence – Delivery

10.1. The traveller’s delivery/contact address is the final address provided to the travel agent (e.g. e-mail address). The traveller must immediately notify the travel agent of any modifications. It's best if the traveller gives the agency a written notice.

 

 

 

 

 

 

 

C-section

SKY VACATIONS as Tour Operator - Package Travel Directive Terms of Service for Tour Operators

 

1. Application Field and Meanings

1.1. An operator of tour packages is a business owner who organises or provides them for clients. With the vigilance of a careful contractor, the tour operator provides their services in accordance with the law's mandates.

An entrepreneur is someone who meets the outlined criteria for being an entrepreneur, whether they are natural persons or legal entities.

Hereinafter, SKY VACATIONS is defined as a tour operator.

 

1.2. It is considered that the traveller has accepted the General Terms of Service if they are made known to the traveller prior to the traveller signing a contract or if the traveller is allowed to examine their contents. They are not included in the traveler's original package deal. On behalf of third parties, the traveller agrees to the General Terms of Service and concludes a package travel contract, confirming that they have been authorised to do so by the third parties they are booking for. This means that the traveller who makes a booking on behalf of themselves or another person is regarded the client and undertakes all contractual duties (such as payment, cancellation, etc.) unless an agreement to the contrary is in place with the tour operator.

1.3. A traveller is defined as someone who intends to enter into a contract subject to the conditions (e.g., a package travel contract) or who is entitled to use travel services pursuant to such a contract.

1.4. The tour operator's homepage is purely promotional in nature. The package tours and other services described on this page are not offers.

1.5. A package travel contract is an agreement between the tour operator and the traveller for a package tour.

1.6. It is the traveler's responsibility to pay any additional fees not included in the package price.

1.7. In order to qualify as a person with reduced mobility, one must have a real disability (sensory or motor, permanent or temporary) that prevents them from utilising certain elements of the service package (e.g. mode of transportation, accommodation), necessitating an adaptation of the service to meet their unique requirements.

1.8. Even if all reasonable precautions had been taken, the consequences of unavoidable and extraordinary or unforeseeable events could not have been avoided, and this is what is meant by the terms "unavoidable and unforeseeable circumstances" (e.g. acts of war, serious security issues such as terrorism, outbreaks of infectious diseases, natural disasters, inclement weather preventing a safe journey, etc).

1.9. Package travel contracts made between two entrepreneurs on the basis of a general agreement on the organisation of business visits are exempt from the General Terms of Service (e.g. framework contract).

 

2. The Tour Operator's Function

2.1. The tour operator compiles travel proposals for the traveller based on the information provided by the traveller. These are just indicative and do not represent offers. If the tour operator is unable to compile travel proposals based on the traveller’s information (no additional options, no services, etc. ), the tour operator shall notify the traveller.

It is possible that travel proposals based on erroneous and/or incomplete data provided by the traveller may be based on the traveler's information if clarification is not provided by the traveller. Price, tour operator/service provider experience, discounts, best-price principle and other relevant variables can be used as parameters in travel bids (without any claim to completeness).

2.2. Travelers who demonstrate a real desire for one of the tour operator's web-based travel options might choose to book that particular option. Personal and factual information (e.g., date of birth, citizenship, etc.) must be entered during the online booking process as well as all payment details. Travelers must also affirm that they have read, understood, and agreed to all the information provided by the travel agent and relevant documents. For a contract to be made between a tour operator and a traveller, a traveller must confirm the booking by clicking the final book button (= the traveler's declaration of contract, see 1.3). There is no contract if the payment is failed because of technical issues beyond the travel agent's control, insufficient funds on the traveler's bank account, or erroneous payment information provided by the traveller (see Section A, 3.1).

When the traveller and the travel agent enter into a contract, the travel agent shall submit a booking confirmation.

2.3. Depending on the information provided by the traveller, the tour operator provides the traveller with guidance and information. Taking into account local customs and any special features associated with this package tour, the travel agent believes they can deliver on the traveler's desire for the itinerary described in their request letter (e.g. combination of a business and leisure trip). If there are no circumstances that necessitate separate clarification or clarification is not necessary for the provision and course of the agreed services, then it is not necessary to provide details regarding well-known events (e.g., topography, climate, flora and fauna of the desired destination, etc.).For the most part, it's important to stress that tourists are making a conscious decision to experience a new environment and that the quality, amenities, food (especially seasoning), and sanitary levels meet the regional standards/criteria usual for the country/destination in question.

2.4. Before the travel, the tour operator shall tell the traveller that the traveller is bound to a package travel contract:

2.4.1. By way of a standard information sheet, of the presence of a package tour.

2.4.2. Whereas necessary for the provision of services and the execution of scheduled group travel (e.g. in the case of an exclusively agreed services).

2.4.3. Of the overall suitability of the package holiday to be arranged for persons with impaired mobility, provided that this information is pertinent to the package in question.

2.4.4. If relevant to the package in question, the basic passport and visa requirements of the destination country, including expected time restrictions for acquiring visas and completing health care formalities. Foreign currency and customs laws are available upon request from the tour organiser. It is possible for travellers to obtain information on passport and visa requirements, health care procedures, foreign currency and customs legislation through their respective representative authorities for travellers. You're responsible for making sure you have a valid passport when you go internationally; if it's expired, you may not be able to enter the country. In the event of a medical emergency, the traveller is expected to follow any health care instructions that have been given to them. Travelers must obtain a visa on their own unless the tour operator agrees to handle the application for them.

2.5. The tour operator shall tell the traveller of the operating airline's identification, unless it is previously known at the time the contract is concluded. If the airline that will operate the flight has not been determined at the time the contract is signed, the tour operator shall inform the traveller of the airline that will likely operate the flight. Once the operating airline is determined or if the operating airline changes after the contract is signed, the traveller will be notified as soon as feasible.

2.6. Special requests made by travellers that are consistent with customer preferences (e.g., sea view at hotels) are fundamentally non-binding and do not result in a legal claim, provided that the tour operator has not confirmed the request as a demand of the traveller. A confirmation indicates the existence of a legally binding service agreement.

If the tour operator agrees to a customer preference, this merely constitutes an agreement to forward the request to the appropriate service provider or to clarify its feasibility, and does not constitute a legally binding guarantee.

 

2.7. In case the traveller does not book directly with the tour operator (e.g., via the tour operator's website), but rather through a travel agent, the terms of point 2 of these General Terms of Service apply.

 

3. Travel Agent Responsibilities and Locally Booked Services

3.1. The tour operator does not authorise travel agents to enter into new agreements, provide information, or provide promises that alter the agreed-upon substance of the package travel contract, go beyond the scope of the tour operator's contractually agreed services, or contradict the travel offer. Travel catalogues and internet tenders that have not been published by the tour operator are not binding on the tour operator, and the tour operator is not obligated to provide said services unless they are expressly included in the tour operator's travel offer or the content of the tour operator's service obligation.

3.2. Services booked on-site with a third-party tour operator or with unaccountable service providers are not binding on the tour operator, do not fall under the tour operator's service responsibility, and are not ascribed to the tour operator unless expressly confirmed/authorized by the tour operator (see also 20.5.).

 

4. The Traveller’s Obligation to Provide Information and Cooperate

4.1. When buying a package tour, the traveller is responsible for promptly, completely, and truthfully supplying the tour operator – or, if applicable, a travel agency, if such an agency was employed to support the booking – with all relevant personal information (e.g., date of birth, citizenship, etc.). The traveller must let the travel company know of any health or mobility issues, allergies, food intolerances, lack of travel experience, or other restrictions that may be pertinent for the preparation of travel offers or the execution of a package tour with the agreed travel services, if necessary, by submitting a supporting document (e.g. medical certificate).

4.2. If the traveller has reduced mobility or other limitations or special needs as described in item 4.1 (e.g., the need for special medication or regular medical treatment), which may affect the trip's execution, the traveller is advised to consult a doctor prior to booking to determine whether the traveller is fit to travel.

4.3. The traveller must notify the tour operator immediately if their mobility is reduced or if other limitations within the meaning of item 4.1 occur during this period, so that the tour operator can determine whether the traveller can still participate in the package tour without endangering themselves or the tour group. For proof purposes, it is recommended to do so in writing. For example, if a traveller fails to furnish the tour operator with comprehensive or timely information, the tour operator is entitled to reimbursement at its compensation rate.

4.4. The traveller who makes a booking for themselves or for a third party (fellow travellers) is considered the client and assumes all contractual obligations with the tour operator (e.g. payment of the fee etc), unless an agreement to the contrary applies.

4.5. Check all contract documents provided by the tour operator for factual accuracy of their details/data and any deviations (spelling errors e.g. names, dates of birth) and for completeness and, in the event of errors / deviations / incompleteness (whereby the written form is recommended for reasons of confidentiality), to immediately notify the tour operator for correction – whereby written form is recommended due to confidentiality reasons. The traveller is responsible for any additional costs incurred as a result of erroneous or faulty information provided by the traveller, with a fee of at least INR2500.

4.6. If the tour operator is unable to provide the traveller with the contractually agreed return transport owing to unforeseen and exceptional circumstances beyond the effective control of the tour operator, the tour operator will make alternate stay and travel arrangements, the cost for which will have to be borne by the traveller.

4.7. The traveller is obligated to immediately and comprehensively report any perceived deviation from the agreed travel services, including a concrete description of the deviation/issue, in recognition of the respective circumstances, in order for the tour operator to remedy the deviation, to the extent that this is possible or feasible in the particular case (e.g. time difference, impossibility of contacting, existence of an alternative or an exchange/upgrade) (e.g. cleaning the replacement room, finding a replacement hotel etc.).

If the traveller books through a travel agent and a contract violation happens during the travel agent's business hours, the traveller must notify the travel agent of the contract violation. The traveller is strongly urged to notify the agent in writing, if only for documentation purposes. Outside of normal business hours, the traveller must promptly alert the tour operator's representative or, if no such person exists or is contractually owed, the tour operator directly via the emergency number stated in the package travel contract of any contract infringement. Failure to report a contract violation affects the traveller's warranty claims if corrective action might have been conducted on-site and such reporting could have been reasonably expected. Failing to disclose a deviation may also be seen as contributory negligence in the context of damage claims. Notifying the tour operator of a diversion does not automatically guarantee the tour operator's services.

4.8. It is the traveler's responsibility to pay for the trip in whole and on schedule as stipulated in the package travel contract. Deposits or balance payments that are not received on time or that are incomplete might result in further damages for the tour operator, regardless of how much compensation they are entitled to.

4.9. The traveller must inform the travel agent or tour operator in full and truthfully of any compensation or price reduction claims or other payments or services received from service providers or third parties to offset the traveler's claims for compensation or price reductions against the tour operator (e.g., hotel payments).

4.10. When a contract is breached, the traveller has a fundamental obligation to mitigate the damage.

 

5. Insurance

5.1. When travelling for business or pleasure, it is critical to remember that valuable objects, important documents, and the like should be left at home. It is advised that copies of critical documents be made and used, provided such copies are accepted. Because it is difficult to entirely eradicate the chance of theft of valuables, travellers must accept this risk on their own.

5.2. It is recommended to arrange insurance coverage (trip cancellation insurance, trip interruption insurance, luggage insurance, travel liability insurance, health insurance for international travel, delay protection, and personal protection) that provides adequate coverage from the date of the package travel contract to the end of the package tour.

 

6. Booking/Contract conclusion/Deposit

6.1. The traveller and the tour operator enter into a package travel contract when they agree on the contract's fundamental components (price, service, and date) and the traveller accepts the tour operator's offer. This establishes both the tour operator's and the traveller’s rights and obligations.

6.2. Prepayment is required for all tours, unless otherwise agreed upon. The traveller may pay using a variety of payment service providers (Credit Card, Debit Card, Bank Transfer, UPI etc.). If the payment fails due to insufficient money on the traveller's bank account or due to the traveller providing incorrect payment details, the traveller is responsible for all charges incurred as a result of the failed payment (see Section A, 3.1).

6.3. No contract is concluded if payment is unsuccessful owing to technical issues without the travel agent's control, insufficient funds on the traveller's bank account, or incorrect payment details provided by the traveller (see Section A, 3.1).

6.4. If the traveller fails to comply with their financial requirements under 6.2, the tour operator is free to leave the contract at any time without penalty and claim damages in accordance with the compensation rate after sending a reminder with a deadline.

 

 

7. Individuals with limited mobility

7.1. In order to determine whether a package tour is suitable for a person with reduced mobility, the type and extent of their reduced mobility, the nature of the package tour (e.g. adventure tour, business trip to locations with limited mobility services, city break, etc.), the country/destination, mode of transportation (e.g. bus, plane, ship, etc.), and the type of accommodation must be taken into account (e.g. hotel, homestays, etc.). Individuals with limited mobility should check with the tour operator to see if the package they've chosen is appropriate for their situation. It is not necessary to reserve all of the services included in a package travel contract for persons with reduced mobility to use them (e.g., a hotel complex may have accessible rooms and common areas for persons with reduced mobility, but this does not imply that the complete facility (e.g. use of the pool, etc.) is suitable for persons with reduced mobility). It is possible that if this is the case, and the person with limited mobility decides to purchase a package tour, the tour operator will keep note of their handicap. For the next package travel contract, this serves as a foundation.

7.2. If the tour operator or one of its agents (such as a hotel or airline) determines that the traveller cannot be transported or accommodated safely and in accordance with safety regulations, or if the tour operator or one of its agents determines that the specific package tour is no longer available, the tour operator may decline a package travel booking made by a person with reduced mobility.

7.3. The tour operator and/or one of its travel partners (e.g. airline, hotel, etc.) reserve the right to deny carriage/accommodation to a traveller who has failed to adequately tell the tour operator of their decreased mobility and/or specific needs as described in 4.1. and/or paragraph 4.3. of the General Terms of Service in order for the tour operator and/or agency to determine the potential of safe and logistically feasible carriage/accommodation.

7.4. Travellers may be excluded from a package tour if the tour operator and/or one of its agents (eg. airline, hotel, etc.) believe they pose a risk to themselves or others, or if they are unable to go or are unsuitable for the package due to the itinerary, destination, or other factors.

 

8. Contract for Package Travel

8.1. In the event of a package travel contract being concluded, the traveller will get a copy of the contract document or contract confirmation through e-mail. A paper copy of a package travel contract must be provided to the customer in the event that it is signed in the presence of the contractual parties. Outside of corporate premises, a traveller agrees to obtain a copy of or confirmation of the package travel contract via a permanent data carrier (e.g. E-Mail).

8.2. Booking receipts, tickets, and entrance permits, as well as information on scheduled departure and arrival times, shall be delivered to the traveler's last delivery/contact address (e.g. e-mail address) within a sufficient time prior to the commencement of the package journey, unless otherwise agreed upon. As stated in 4.5, if any of the above documents include errors/deviations/inconsistencies, the traveller should contact the travel agent or tour operator.

 

9. Individuals Acting as Substitutes

If the traveller is unable to use the package tour due to a variety of factors, including but not limited to: gender, pregnancy, physical condition, required/adequate vaccination/vaccination protection, specific knowledge and skill sets, visas, valid entry permits, or the absence of an entry ban, the package travel contract can be transferred by the traveller to another party. The tour operator may object to the contract being transferred if the other individual does not meet all contractual duties or is unsuitable for the package tour. The moment tour operator becomes aware of the contract transfer (often within two days), it must be notified by a permanent data carrier (such as email) at the latest seven days before the trip's start.

9.2. Numerous airlines, other carriers, and service providers consider changes to the travel date or the traveler's name to be cancellations and charge accordingly. If additional charges are incurred, the traveller will be charged.

 

10. Price Adjustments Prior to Departure

10.1. No less than 20 days before the first day of the package trip, the tour operator can change the price of the package travel contract. There must be at least 20 days notice to the traveller by a permanent data carrier (e.g. email) of any pricing adjustments and a specific explanation for the change from the tour operator. The traveler's most recent address will receive this information. In case the tour operator's agents raise their prices, (such as an airline, hotel, or other service provider), the traveller will be responsible for the difference in cost.

10.2. Changes to the tour price are permitted if the following prices change after the contract is signed:

a) Passenger transportation costs are affected by changes in the cost of gasoline or other energy sources, and the price of a trip must reflect any additional costs that are incurred by the service provider.

b) Any changes to the tour price must reflect the full amount of any additional fees that may be incurred due to taxes and levies, including but not limited to: port taxes, landing fees, embarkation and disembarkation fees at ports, and other fees associated with ports and airports.

A package's corresponding currency exchange rates (any change to the price of the tour shall correspond to the change in exchange rates).

Increases or decreases in prices can be the result of fee adjustments.

If the price of a ticket is reduced, the difference will be reimbursed to the customer. But the trip operator might take from this amount the applicable administrative costs. The tour operator must give proof of these administrative costs to the traveller if requested by the traveller.

10.3. In the event of a price rise of more than 10%, (11.4.) shall apply. There are three options available for the traveller: accept the increase as a contract revision, agree to take part in an alternative trip, or withdraw without paying a compensation amount. A traveller who has already paid for insurance coverage cannot get their money back.

 

11. Modifications to the Service Prior to the Start of Journey

11.1. If the tour operator has reserved the right to do so in the contract, they can make minor alterations to the given services. In case the package tour was booked through a travel agent, the tour operator or agent must notify the traveller of any changes to the itinerary using a permanent data carrier (such as email) sent to the traveler's last-notified email address.

11.2. Insignificant adjustments are defined as minimal, objectively justified alterations that do not materially alter the type, duration, service content, or quality of the scheduled package tour.

11.3. There may be significant reductions in the quality and/or value of travel services as a result of alterations made by the tour operator, especially if these changes affect fundamental aspects of travel services and/or modify how a package trip and/or trip is carried out. An individual's ability to hold a party accountable for the circumstances that led to a change in the quality or cost-effectiveness of transportation services must be considered when determining whether or not a change or reduction in those services' quality or value is significant. This includes factors such as the package tour's nature, duration, purpose, and cost.

11.4. Travellers have the option of cancelling a package travel contract if the tour operator makes significant changes to the travel services that define the nature and purpose of package travel or in the event that the tour operator is unable to meet the needs of the traveller, which were explicitly clarified by the tour operator. In case the tour operator increases the total price of the package by more than 10%, then the traveller can:

• accept the requested adjustments within a reasonable time frame specified by the tour operator, or

• agree to take an alternate tour, if offered by the tour operator; or

• cancel the contract without incurring a cancellation charge.

When it comes to this, tour operators must tell the traveller in the aforementioned instances via email (or other permanent data carrier) of the following in a clear, understandable and explicit manner:

• changes in travel services and, where applicable, their effect on the package's pricing

• the reasonable period during which the traveller must notify the tour operator of their decision and the legal consequences of failing to do so within the reasonable period

• where applicable, the alternative package tour offered and its cost.

It is recommended that the traveller submit their decision in writing. If the traveller fails to submit a decision within the specified time period, this shall be interpreted as acceptance of the revisions.

 

12. Itinerary/Changes

12.1. Depending on the circumstances, a package tour may deviate from its advertised or contractually agreed route, the itinerary's stops (such as business meetings and events) may be rearranged or moved forward, and/or the scheduled meeting or event may be cancelled or rescheduled due to environmental and weather factors (without any claim to completeness). These kinds of situations necessitate that the tour operator come up with alternate options and/or compensate for skipped activities if necessary.

 

13. Warranty

13.1. Tour operators must resolve a breach of contract if the traveller or their fellow travellers (e.g. family members) have not encouraged said violation and/or are not in abuse of their obligations to assist and/or the remedial action is not impeded by the traveller. It is the passenger's responsibility to give the tour operator a reasonable deadline for resolving the breach of contract, and this deadline is to be determined for each individual case based on the type and purpose of the package tour, its duration, the notified breach of contract, the time at which it was notified (for example, late at night, etc.), and the amount of time required to obtain an alternative solution, for example, an object (relocation etc.). For any deadlines that aren't contractually owing to the tour operator's representative on-site, call the emergency number provided in the package travel contract and notify them of your intentions.

13.2. There is a breach of contract if the traveller fails to provide information as required by item 4.7. or refuses to cooperate with their obligations (e.g. consider acceptance of alternative room offered by the tour operator or pack their suitcases in order to change rooms, etc.), or if they set an unreasonable deadline for the tour operator to remedy the breach, or if they do not support the tour operator as reasonable in remedying the breach.

13.3. It is possible for a traveller to take action on their own in the event that a tour operator fails to fulfil its contractual obligation to do so within a reasonable amount of time. As a general rule, you have a duty to minimise harm, which means that the harm you cause (such the cost of alternative services) should be reduced to a reasonable level, which should take into account the trip's duration, value, and purpose. The breach of contract must also be regarded from an unbiased perspective, of course.

13.4. If a significant portion of the agreed-upon travel services cannot be provided in accordance with the contract, the tour operator must offer the traveller, free of charge, other appropriate alternative arrangements or services for the continuation of the package tour. An adequate price decrease must be given to the traveller where alternate options supplied by the operator result in less than the contractually agreed services (e.g. half board instead of all-inclusive). Unless the suggested alternative arrangements are similar to the services specified in the package travel contract or if the price reduction offered is unreasonable, the traveller has the right to reject the proposed alternative arrangements. It is up to the traveller to prove that he or she is entitled to a refund if he or she rejects the tour operator's alternative arrangements.

13.5. If the breach of contract has significant consequences for the performance of the package tour, and if the tour operator does not remedy said breach of contract within a reasonable period of time, the traveller may withdraw from the package travel contract without having to pay a cancellation fee, provided that the circumstances and the breach of contract in question are taken into account. It is important for travellers to understand that pulling out of a package travel contract carries some risk, as the severity of the consequences of any breach of contract and the likelihood that the tour can continue must be assessed on an individual basis (by a judge), and the outcome may be different from the perspective of the traveller. Even if the package travel contract is not terminated, the traveller has the right to assert warranty claims and damages in accordance with the terms of the contract even if there are no other alternatives available, or if the traveller rejects those alternatives. Rejecting the alternative arrangement means that the traveller has to show that the other options offered by the tour operator do not match the contractually agreed services or that the price reduction offered is insufficient. As part of the package, a tour operator must also ensure that the traveler's immediate return by an equivalent transportation service is provided at no additional cost to the traveller in those cases.

13.6. Due to unavoidable and extraordinary circumstances, if a tour operator does not withdraw from the package tour but instead offers replacement services, the additional costs incurred by the traveller shall be borne by the traveller.

 

14. Traveller Withdrawal without Compensation Rate payment

14.1. Before the start of the package tour, the traveller may cancel the contract – without incurring a cancellation charge – in the following situations:

14.1.1. Exceptional circumstances at or near the place of destination, whereby said unavoidable and exceptional circumstances are to be evaluated on a case-by-case basis taking into account the scope of contract and reach of particular circumstance which entails risk, which significantly affect the performance of package tour or transportation of passengers to their destination in accordance with 11.3. Package tour refunds are available in these situations, but no additional compensation is available for the traveler's withdrawal.

14.1.2. The traveler's decision to cancel must be communicated to the tour operator, and it's best to do so in writing for the sake of documentation.

14.2. Without being liable for compensation, the traveller has the right to cancel their package trip contract once it has begun in the situations listed in point 13.5.

 

15. Traveller Withdrawal with Compensation Rate payment

15.1. The traveller has the right to cancel the contract at any moment, provided that they pay a compensation amount (cancellation fee). The traveler's decision to cancel must be communicated to the tour operator, and it's best to do so in writing for the sake of documentation. If the traveller used a travel agent to book the package tour, he or she should tell the agent of the cancellation as well. In the event of a traveler's departure, the traveller should notify the necessary party with a written communication (e.g. e-mail).

15.2. The cancellation charge is based on the tour price at the time of cancellation, as well as the anticipated savings in terms of expenses and additional earnings from reusing the travel services, and is expressed as a percentage of the trip price. Depending on the circumstances, a court may be able to limit the amount of the cancellation charge.

15.3. You may be subject to the following per-person cancellation charges, depending on the type of tour package you have purchased.

Applicable for Hotel reservations only

• up to 25 days preceding the departure: 20%

• 25–16 days preceding the departure: 30%

• 15–8 days preceding the departure: 50%

• 7–4 days preceding the departure: 65%

• 3–1 day preceding the departure: 80%

• on departure day: 95%

 

15.3.2. Tours around the world by plane and train:

• up to 95 days preceding the departure: 20%

• 94 – 30 days preceding the departure: 35%

• 29 – 15 days preceding the departure: 50%

• 14 – 2 days preceding the departure: 90%

• 1 day (24 hours) preceding the departure: 100%

 

15.3.3. Add-ons to the standard service (example tickets etc.): 100%

 

16. No-show

16.1. A no-show occurs when a traveller does not leave the nation because they do not want to go, or because they are responsible for an action or a random incident that happened to them that prevents them from leaving the country. Travelers who are unable or unwilling to use the remaining travel services must pay 100% of the tour costs as compensation.

 

17. Cancellation by the Tour Operator Prior to Departure

17.1. If the tour operator is unable to fulfil the contract due to unavoidable and extraordinary circumstances, they may withdraw from the package travel contract prior to the start of the package tour and notify the traveller of the withdrawal without delay at the last delivery/contact address provided by the traveller.

17.2. If the tour operator withdraws from the package travel contract in accordance with item 17.1., the traveller will get a full refund of the tour payment, but the tour operator will not be responsible for any further compensation.

 

 

 

18. Cancellation by the Tour Operator Prior after Departure

18.1. If the traveller prevents the package tour from taking place because of completely inappropriate conduct (e.g., alcohol, drugs, non-observance of a smoking ban, ignoring certain clothing guidelines, e.g., when visiting religious sites or eating food, unlawful actions, disruptive behaviour towards fellow travellers), the tour operator is released from their obligation to fulfil the contract without having to refund the price of the tour. The traveller is obligated to pay for the tour operator's damages in this situation.

 

19. Risks to travellers as a whole

19.1. A departure from one's typical surroundings is a common feature of a package tour. Stress, nausea, fatigue, and digestive issues (due to unfamiliar spices and foods, for example), as well as any other risks specific to the trip (such as otalgia during diving trips, height sickness during high-altitude trips, sea sickness on a ferryboat, and so on), are all borne by travellers. The risks of these and other types of travel-related illnesses are not covered by tour operator.

19.2. They are not entitled to pursue warranty claims or compensation for unutilized services if the traveller does not use or withdraws from the contract for the above-mentioned reasons.

 

20. Liability

20.1. A traveller may be entitled to compensation if the tour operator or service providers who are responsible for the tour operator's responsibilities to the traveller culpably fail to meet such commitments, in line with the terms of the traveler's contract.

20.2. The tour operator is not responsible for any damages to the traveler's personal, property, or finances that are caused by the pre-paid facilities., given that they:

20.2.1. are traveler-borne dangers, such as those related with the package tour, or those resulting from the traveler's own inherent vulnerability.

20.2.2. are due to the traveler's negligence;

20.2.3. can be traced back to a non-contractual third party who is not directly involved with the provision of travel services in accordance with a package travel contract.; or

20.2.4. are because of unforeseen and unusual situations.

20.3. Due to the nature of some hazards linked with certain tours, tour operators are not accountable for any outcomes that may occur from them if they take place outside of their control. The tour operator's need to carefully plan the package tour and to carefully choose the individuals and firms who will provide the individual travel services remains unaltered by the new regulations.

20.4. The traveller must abide by all applicable laws, rules, and regulations, as well as the directives and commands of any on-site personnel (e.g. bathing restriction, diving restriction etc.). Any damage to the traveler's or third parties' property that occurs as a result of the traveler's failure to comply with any of the foregoing requirements is not the responsibility of the tour operator.

20.5. It is not the tour operator's responsibility if the service is not provided or if extra services are purchased on-site with a third party or service provider for which the tour operator is not responsible.

20.6. The proposed transfer time between two means of transportation (e.g. from train to plane, from automobile to train, etc.) can be adjusted to shorter transfer periods by the tour operator at the traveler's own risk. For example, a tour operator will not be accountable for any charges incurred by the traveller due to a traveler's insufficient transfer time. The tour operator advises the traveller about this danger on the tour operator's website before the booking can be completed.

20.7. Travelers are urged not to bring any valuables with them. It's also a good idea to store and insure your bags.

20.8. All international conventions, protocols, and treaties governing international air, sea, and rail transportation, as well as their amendments, apply to the tour operator insofar as they limit the scope of compensation or the conditions under which a service provider covered by a package travel contract is required to pay compensation.

21. Statement of Claims

21.1. It is recommended that the traveller gather evidence, proof and witness statements to support claims of non-performance and/or unsatisfactory performance of services.

21.2. It is possible to file a warranty claim within two years. The statute of limitations for bringing a claim for damages expires after three years.

21.3. After returning from the package vacation, it's best for the traveller to file a claim with the tour operator directly or through a travel agent quickly in order to avoid any additional issues in establishing claims.

 

 

 

22. Electronic Communication

22.1. The traveler's delivery/contact address is the last address the tour operator received from the traveller (e.g. e-mail address). Any modifications to the itinerary must be communicated to the tour operator right away. It's best if the traveller notifies the company in writing.

 

23. Third-party disclosure of information

23.1. Travellers' names and whereabouts shall not be disclosed to third parties, even in emergency situations, unless the traveller has explicitly requested the provision of information and the recipient is disclosed at the time of booking. The traveller is responsible for the costs associated with the transmission of urgent messages. It is therefore recommended that travellers provide the exact address to their supervisors, bosses, colleagues, and relatives while on trip.

 

24. Tour operator's remuneration

24.1. Travel agents should be compensated fairly for their work. The travel agent is eligible to the actual and not excessive expenses of further reservations, adjustments (e.g., rebooking, name change) that are necessitated by erroneous or incomplete information provided by the traveller.