Please carefully read these terms and conditions before making a reservation. They layout your rights and obligations, and are referred to in case of any dispute.
Terms & Conditions
IMPORTANT: These Terms and Conditions DO NOT affect your mandatory legal rights that cannot be excluded under laws applicable to you, including your statutory rights or local legislation implementing the EC Travel Directive (90/314/EEC). For example, UK citizens have additional protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 that cannot be excluded by this contract.
1. The Contract
Custom Tours GmbH (“CT”) is the owner of the following purchase-enabling website (“the website”): www.chamica.com. When you make a booking via the website, you are entering into a contract with CT on the following terms and conditions (“the Terms”).
The following definitions apply in this contract:
“Group Leader” – the person completing the online reservation form
“You” – includes the Group Leader and all persons within the Group
“Group” – all persons to whom the travel arrangements apply, including anyone added or substituted after CT has received the booking
3. General Conditions
3.1 This contract is governed by the law of the country in which the holiday takes place (as examples: the Law of Germany for Berlin, the Law of Slovakia for Bratislava, the Law of Estonia for Tallinn, the Law of The Czech Republic for Prague and Brno, the Law of Hungary for Budapest, the Law of Poland for Warsaw, Krakow and Gdansk, the Law of Latvia for Riga, the law of the Netherlands for Amsterdam, the law of Spain for Barcelona and Madrid, and the law of Denmark for Copenhagen) and both parties submit to the exclusive jurisdiction of the local courts of this country should any dispute arise as to the interpretation or performance with the Terms. As noted above, this does not exclude your mandatory legal rights including your statutory rights or local implementation of the EC Travel Directive (90/314/EEC).
3.2 The Terms will apply to all bookings CT confirms after 01 March 2010.
3.3 You must be at least 18 years old as of your scheduled date of arrival and CT reserves the right to request proof of age.
3.4 All members of the Group must sign their holiday voucher as their acknowledgement that they have read and understood the Terms and agree to be bound by them. That copy must be passed to CT’s representative on arrival at the holiday destination.
3.5 Each of the Terms are severable and distinct from one another and if at any time any Term should become invalid, illegal or unenforceable, the validity, legality or enforceability of the other Terms shall not in any way be affected or impaired.
3.6 Nothing in these Terms shall confer on any third party any benefit or the right to enforce any provision of these Terms.
4. Booking Procedure
4.1 One reservation form must be completed for each Group. You must only use the form provided on the websites. No other form or communication, whether oral or written, will be accepted.
4.2 CT’s website will quote a price for your selected itinerary. Unless CT indicates to the contrary, the price does not include such matters as the cost of refreshments, food, admission to events or activities, airport or hotel transfers, parking or porterage charges.
4.3 You will then be presented with the option of making a reservation. Your contract with CT will only come into existence when CT has issued a holiday voucher to the Group Leader. Until that time, acceptance of your booking is at CT’s absolute discretion. CT may refuse to accept it for any reason.
4.4 A holiday voucher will be issued once CT receives your deposit – a payment of no less than 25% of the total price quoted. The methods of payment and currency which CT will accept are detailed on the website.
4.5 In addition to the holiday voucher, the Group Leader will also receive confirmation of your hotel reservation and any other travel documents by email prior to your date of departure. CT will not supply you with paper copies of any such documentation.
4.6 Payment of the outstanding balance of the total cost quoted must be made to CT no later than when the Group is met at your holiday destination by the CT representative. In exceptional circumstances,CT reserves the right to request earlier payment.
4.7 If you want to pay your balance with a bank transfer to our account, the funds should be in our account no later than 7 days prior to your arrival. If you want to pay by Credit Card, the payment should be made no later than 3 days prior to your arrival.
4.8 CT accepts no liability for any errors in your reservation form nor for inaccuracies in CT’s documentation which you fail to bring to CT’s attention within three days of that documentation being issued to the Group Leader.
4.9 When you pay by credit card, the amount will be withdrawn the same day.
5.1 CT reserves the right, without giving you notice, to vary:
(a) the Terms, prior to full payment of the total cost quoted;
(b) the activities and services offered, together with the price advertised for providing the same, prior to arrival;
(c) any part of your booking, at any time, where such changes are minor, for instance, if the hotel referred to in your travel documentation subsequently becomes unavailable, then a suitable alternative will be substituted.
5.2 If you wish to alter your travel arrangements after the holiday voucher has been issued, the Group Leader must notify CT by email. Variation of the travel arrangements is at the absolute discretion of CT. Any such variation will give rise to a recalculation of the total cost originally quoted by reference to the prices stated on the websites on the date CT confirms the variation. If this should result in an increase in the deposit payable, CT will not confirm the variation until payment of the increased payment has been received.
5.3 Prices are in euros, and payment in other currencies, such as British pounds, may be subject to a foreign exchange surcharge if the rate between it and the euro is more than 10% lower on the date of arrival compared to the rate at the time of booking. CT reserves the right to amend the holiday price by adding a foreign exchange surcharge at any time and without notice at our discretion.
6. Cancellation by CT
6.1 Where an activity cannot be provided due to circumstances beyond CT’s control, such as adverse weather, closure of licensed premises or where an activity supplier has ceased to trade and a suitable alternative cannot be offered, a full refund for that activity will be provided.
7. Cancellation by You
7.1 Prior to arrival, your cancellation of all or any part of your travel arrangements will not be effective unless confirmed to CT by email from the Group Leader. After arrival, you will be deemed to have cancelled your travel arrangements if you do not attend at the agreed time and place for whatever reason or fail to settle any balance owing with our CT representative.
7.2 The following charges will apply where you either cancel or are deemed to have cancelled the travel arrangements:
(a) no charge will arise where cancellation occurs prior to issue of the holiday voucher;
(b) once the holiday voucher has been issued, cancellation will render you liable to a charge of 25% of the total cost of the travel arrangement cancelled. This will increase to 100% if cancellation occurs either within 72 hours of your schedule arrival, or anytime following your arrival at your holiday destination.
7.3 Sales incentives such as price discounts and additional free services are granted based on group size and other factors such as quantity or services. Consequently, CT reserves the right to reduce the value of these incentives if you cancel any part of the travel arrangements you proposed at the time they were granted.
8. CT’s Obligations and Liabilities
8.1 CT is not the direct supplier of the accommodation and activities which make up your travel arrangements. It acts only as a booking agent. In that capacity, CT will take all reasonable steps to ensure that:
(a) your travel arrangements are supplied as described on the websites and that they meet a reasonable standard;
(b) activity and accommodation suppliers follow local health and safety guidelines and legal requirements.
8.2 Liability is accepted for:
(a) negligent acts or omissions by employees or agents of CT (acting within the scope of their employment or contract with CT) in the provision of your travel arrangements;
(b) a failure to perform or improper performance by CT of all or any part of the Terms.
9. Your Obligations and Liabilities
9.1 You must comply with these Terms. Non-compliance will amount to deemed cancellation by you of all the travel arrangements provided by CT.
9.2 Once you arrive at your holiday destination you will:
(a) conduct yourself in a responsible manner and without risk to the healthand safety of yourself or others;
(b) comply with every reasonable instruction or request of the CT representative or agent or activity or accommodation supplier.
(c) If you fail to do so, you will be deemed to have cancelled your travelarrangements with immediate effect.
9.3 If the Group are more than 30 minutes late in meeting the CT representative at the agreed place and time for a scheduled activity, then each member of the Group will be deemed to have cancelled the activity.
9.4 You will be personally liable for any damage occasioned by you to the property or person of a third party.
9.5 It is your responsibility to obtain all necessary travel documents and medical advice with respect to your holiday destination. Please ensure that you possess a valid passport and visa (if appropriate). You should also check with your doctor as to whether vaccinations or additional health precautions may be required.
9.6 When booking your travel arrangements with CT, it is the Group Leader’s responsibility to ascertain whether any member of the Group suffers from an existing medical condition or disability and to notify CT accordingly. If such information is not disclosed to CT until after the holiday voucher has been issued and, in the opinion of CT, the condition or disability would render the travel arrangements unsuitable or unsafe for the member affected, then the member will be deemed to have cancelled the travel arrangements.
9.7 We recommend you take out insurance cover for the duration of the travel arrangements, for participation in potentially dangerous sports and activities. You should not participate in an activity if insurance has not been arranged. You agree to indemnify CT against any liability for costs arising from your failure to obtain adequate insurance cover.
9.8 European Union residents are advised to complete an EIII prior to travel.
9.9 As part of your holiday package, you receive ‘Travel Protection Insurance’ of up to £11,000 per person (or currency equivalent) to guarantee that you will receive a full refund in the unlikely event that we do not provide the service(s) described on your holiday voucher. The insurance compensates you in the amount equal to the price of the service(s) not supplied (accommodation and/or activity services). Our insurance compensation cover excludes these specific circumstances:
(a) non-provision as a result of other parties’ actions (for example, yourairline carrier cancels your flights and fails to bring you to your destination);
(b) non-provision, where an alternative service is offered and accepted byyou;
(c) or other circumstances amounting to force majeure.
10. Limits to CT’s liability
10.1 Accommodation classifications and ‘star’ ratings are determined by CT based on the official classification from the tourist authority of your holiday destination. CT relies upon these authorities to ensure that your accommodation complies with all local laws and cannot accept any liability where accommodation fails to do so. CT reserves the right to quote different ‘star’ ratings than the local tourist authority where it believes this is justified to give a fair indication of the relative quality of the accommodation.
10.2 All photographic and pictorial references on the websites are merely representative of the activities which CT can arrange and should only be relied upon to that extent. CT has based their descriptions of the activities on information provided by suppliers. Whilst CT believes their supplier’s representations to be true, it cannot accept liability for any false representation or breach of implied warranty of any kind as to the activities offered.
10.3 No liability is accepted by CT in the following circumstances:
if you or any member of the Group are at fault (including, but not limited to, a failure to comply with the Terms);
a third party unconnected to the provision of services arranged through CT is at fault;
any unusual or unexpected circumstance beyond the control of CT or its suppliers;
any event which CT or the activity or accommodation supplier could not have reasonably foreseen;
any instance of inappropriate behaviour on your part or any member of your Group, including, but not limited to, insobriety, violent conduct, breach of any local laws and discourtesy;
10.4 If any supplier can exclude or limit liability under any international convention or foreign law, CT will rely upon that exclusion or limitation.
10.5 If you suffer loss, damage or injury due to any act or omission on the part of CT its suppliers or agents, CT’s acceptance of liability is subject to you initially co-operating with CT in any legal action it may take to enforce its own contractual indemnities against them.
10.6 Where CT are unable to provide the travel arrangements after a holiday voucher has been issued, CT’s liability will not exceed the total cost of your travel arrangements.
10.7 CT will not be liable where it has to cancel or change your travel arrangements in any way for reasons of war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, or other circumstances amounting to force majeure.
10.8 CT will not be liable for any sales that are not part of the original holiday booked through the website at the time of arrival, according to the UK Package Tour regulations. Anything that is bought subsequently when the Group is already on the holiday is not legally the responsibility of CT. In these cases, the Group has to deal with the local supplier and in accordance with local regulations.
10.9 In the matter of damages arising from the non-performance or improper performance of the services involved in the package, the compensation payable by CT will be limited in accordance with the international conventions governing such services. In the matter of damage other than personal injury resulting from the non-performance or improper performance of the services involved in the package, compensation payable by CT shall be limited to no more than the cost of the services provided.
11. Complaints Procedure
11.1 Complaints must be brought to the attention of the accommodation or activity supplier and CT representative immediately. Any unreasonable delay will entitle CT, at its absolute discretion, to refuse to deal with the complaint.
11.2 If the complaint cannot be resolved locally, you must put it in writing, handing one copy to the supplier and retaining one copy for yourself. Within 28 days of returning from your holiday destination, you must confirm your complaint by email to CT’s Customer Services Department ([email protected]), and include your booking reference, together with any other relevant details such as receipts.
11.3 If CT decides that compensation is payable to you, the form of compensation will be at CT’s absolute discretion and may include a free holiday, credit/discount vouchers redeemable within a fixed period or other similar arrangements. Compensation will not take the form of any kind of monetary payment or credit card refund.
11.4 Disputes arising out of, or in connection with this contract which cannot be settled amicably, may (if you wish) be referred to arbitration under the laws of the country where the holiday took place (for example: the Law of Germany for Berlin, the Law of Slovakia for Bratislava, the Law of Estonia for Tallinn, the Law of The Czech Republic for Prague and Brno, the Law of Hungary for Budapest, the Law of Poland for Warsaw, Krakow and Gdansk, the Law of Latvia for Riga, the law of the Netherlands for Amsterdam, the law of Spain for Barcelona and Madrid, and the law of Denmark for Copenhagen).