General terms and conditions
AMAZING SEA-TOURS LTD. England offers its services exclusively on the basis of these Terms and Conditions. These provisions govern the legal relationship between you as customer and AMAZING SEA-TOURS. AMAZING SEA-TOURS regularly operates solely as a broker of distinct travel services. AMAZING SEA-TOURS will operate solely as an intermediary between you and respective travel agents or service providers, such as airlines, travel agencies, car rental agencies, and hotel operations, and acts on behalf and to the account of the respective travel service provider. Insofar as AMAZING SEA-TOURS offers internet links to third-party offers in the course of individual transactions, AMAZING SEA-TOURS does not operate as a broker of those third-party services. Please be advised that the price, conveyance, and general travel conditions of the relevant individual service provider(s) will apply to the contents of the agreement provided by AMAZING SEA-TOURS between you and the service provider(s). We would be glad to provide you with a copy of the relevant service providers' price, conveyance, and general travel conditions upon request. These conditions may govern the conditions of payment, deadlines, liability, cancellation, booking alterations, reimbursement as well as other details of the travel agreement.
I Contract Formation, Services Provided
1. The completion of an AMAZING SEA-TOURS travel agreement constitutes a binding offer. This offer may occur in writing, in typed text form, orally, per telephone conversation, or through the use of online services. Where online services are utilized, the offer is established through the completion of the booking sequence whereby you click on the appropriate button. You are bound to this offer for a maximum of 10 days. If neither AMAZING SEA-TOURS nor the service provider-i.e. the travel agent, airline, car rental agency, or other business entrusted with the provision of the relevant travel services-confirm the booking in writing, typed text, per telephone conversation, or via electronic media within 10 days following the entry of the offer, you are no longer bound by your offer. A booking confirmation will serve as an acceptance. A booking confirmation will generally be conveyed immediately to your PC following the completion of the booking sequence or directly by way of oral communication. The booking is by all means also confirmed when you receive your booking-code.
2. AMAZING SEA-TOURS assumes no liability for the performance of arranged travel services and provides no guaranty with regard to the quality or fitness of the travel services as represented. Nor does AMAZING SEA-TOURS, which operates solely as an intermediary, supply any guaranty for the availability of travel services. Should AMAZING SEA-TOURS only be able to provide you with a travel package which contains slight deviations from your proposed offer, you will be able to accept this travel package as counter-offer within three days of receiving notice of this counter-offer. You may also accept the counter-offer by submitting payment of the travel price or by reporting for boarding at the allotted time of travel. If you do not accept the counter-offer or do not report for boarding, no agreement will come into formation.
II Registration of several Persons
In so far as your offer concerns not only your own person but other persons as well, and agreements with AMAZING SEA-TOURS and the service provider are established, you are responsible for the duties of the third persons concerned which stem from these agreements as well as your own corresponding duties. You will accordingly be held accountable to us for the performance of the duties of these persons as well. This separate, additional obligation will be recognized by way of an additional declaration either within the framework of the internet booking sequence, or in writing, or orally.
III Payment / Delivery
1. With all delivered services in which a bond is not required, payment of the travel price will become due upon successful booking-i.e. upon contract formation. AMAZING SEA-TOURS may decline to accept your offer or to perform travel arrangement services should you enter false or incorrect payment information or should the credit card you provide fail to carry the transaction, for instance, because the credit limit has been exceeded or because the name or the number or the expiration date of the credit account entered is incorrect. The method of payment may take the form of a credit transaction involving a credit card accepted by AMAZING SEA-TOURS, cash payment at the offices of AMAZING SEA-TOURS, cash deposit to one of AMAZING SEA-TOURS' bank accounts in conjunction with the delivery via express courier of a copy of the deposit slip containing a complete and legible date stamp, telegraphic wire transfer, postal money order, bank check, or debit note.
2. In the event of late or incomplete payment, AMAZING SEA-TOURS reserves the right to cancel reserved travel plans with the appropriate charges accruing to the individual who placed the reservation. Cancellation fees are charged to the account of the traveller. Appropriate reference is to be made to section IV of these General Terms and Conditions.
3. When it cannot be otherwise safely ensured that the travel documents will reach the traveller, AMAZING SEA-TOURS can send them C.O.D. or deposit them in trust at the airport of departure by way of courier. For this service, an additional one-time fee of up to 30 € may be assessed. Additionally, you may choose to select an alternative method of delivery-i.e. express delivery, professional courier services, etc. The costs assessed for these methods of delivery, of which you will be informed prior to shipment, will be charged to you.
4. Cancellation, processing, ticketing, booking and re-booking fees are due immediately upon their incurment.
5. AMAZING SEA-TOURS fulfills its duties to you under the travel arrangement agreement upon producing the relevant travel documents, for example, airline tickets, vouchers, etc., at AMAZING SEA-TOURS' offices. When AMAZING SEA-TOURS sends documents to you, you bear the risk from the point in time when they are submitted to post or delivered into the hands of a courier. This provision applies regardless of who bears the cost of delivery.
IV Withdrawal, Re-booking, Substitution
1. Where AMAZING SEA-TOURS arranges travel services, your right of cancellation is determined by the applicable legal and contractual conditions between you and the service provider. Accordingly, the intention to withdraw from the agreement must be reported immediately to the service provider or to AMAZING SEA-TOURS. Notification is not bound by any formal requirements. However, AMAZING SEA-TOURS certainly recommends that notice of withdrawal be put in writing. In the event of withdrawal, AMAZING SEA-TOURS holds the right to demand that you reimburse AMAZING SEA-TOURS for the payment of cancellation fees as agreed upon with or requested by the appropriate service provider. Be advised that the service provider may demand compensation amounting up to 100% of the travel price regardless of the timing of the cancellation. Additionally, AMAZING SEA-TOURS levies the following fees in light of expenses incurred for:
a) Flight Arrangements
i) Arrangement according to general, published prices: 30 USD
ii) Arrangement according to special prices
prior to issuance of airline ticket: 75 USD
after issuance of airline ticket: 100 USD
iii) Arrangement of Charter-flights: 50 USD
b) Other Services
up to 7 days prior to embarkation: 30 USD per Hotel/booking
as of 7 days prior to embarkation: 30 USD per Hotel/booking plus the price of a night's stay
upon failure to embark: 100% of the price for the hotel/booking
ii) Car Rental
· up to 7 days prior to embarkation: 30 USD per booking
· as of 7 days prior to embarkation: 50 USD per booking
These fees refer to lump-sum compensation and are determined out of consideration for customary expenses. You naturally have the right to produce evidence that a lesser harm than that alleged actually occurred as well as evidence that no harm at all occurred. Cancellation fees are calculated according to the final travel price for each registered traveller. The relevant date for determining deadlines is the day on which notice of cancellation is processed by AMAZING SEA-TOURS or by the service provider within standard business hours.
2. Alteration of Reservations Changes to reservations can essentially only be made by process of cancellation and re-booking. AMAZING SEA-TOURS reserves the right to charge to your account all re-booking costs brought by the service provider as well as the total processing fee of up to 30 USD per person. You have the right to show cause that a lower charge amount is appropriate for the services rendered or to give proof that an expense has not been incurred by AMAZING SEA-TOURS.
3. Cancellation Insurance We strongly advise you to procure cancellation insurance in order to prevent the accrual of cancellation fees to the greatest degree possible.
V Alterations in Price and Service Product
Insofar as AMAZING SEA-TOURS operates as an intermediary, AMAZING SEA-TOURS wishes that it be known that due to internationally valid rights reserved by service providers, the following changes may be made with good cause and should be taken into account:
1) changes in flight-path;
2) conversion of non-stop itineraries to itineraries featuring en-route landings or, as the case may be, to itineraries requiring a flight transfer or vice versa;
3) changes in departure or arrival time made within 48 hours;
4) employment of different flight instruments;
5) changes to point of departure or arrival; and
5) selection of a different airline.
The same also applies to changes of itinerary under the direction of local authorities. In the event of such occurrences, you may not cancel the agreement with AMAZING SEA-TOURS free of charge. Likewise, no claim arises against AMAZING SEA-TOURS for the reimbursement of additional costs incurred; rather, any claims you may have shall be against the individual service providers involved.
VI Liability / Limitations of Liability
1. Representations regarding the services of third-party service providers arranged by AMAZING SEA-TOURS are based exclusively upon the representations made by these third parties. Such representations do not constitute any warranties on the part of AMAZING SEA-TOURS. AMAZING SEA-TOURS will only be answerable to you for the orderly transmission of information from the service provider to you within the scope of the usual duty of care of a sound businessman. AMAZING SEA-TOURS will not be held responsible for the service performance of third parties.
2. In connection with the described brokerage services, AMAZING SEA-TOURS limits its liability to treble the price of the arranged services where damages which are not grounded in an injury of life, limb, or health are concerned, insofar as such damages do not involve intention or gross negligence.
VII Rules of Entry, Documentation, Customs, Exchange, and Health and Safety
1. You are personally responsible for the observance of the applicable domestic and foreign, immigration and emigration, health and safety, passport and visa regulations.
2. AMAZING SEA-TOURS will endeavor to inform the customer of significant changes to the general provisions given in the travel package description prior to embarkation. There is always a possibility, however, that these rules will be changed subsequently by state authorities. You are therefore advised to inform yourself of the current situation by way of publicly accessible sources, consulates, or other channels prior to every journey.
3. AMAZING SEA-TOURS bears responsibility for the timely distribution and submission of the necessary visas with the respective diplomatic representatives and ensures against delay due to intention or gross negligence on the part of AMAZING SEA-TOURS where you have engaged AMAZING SEA-TOURS with the task of procuring a visa.
4. You are responsible for the observance of the rules of the individual service providers, such as the airline or other offeror of travel services in regard to check-in times, confirmations of return flights or other such matters.
VIII Data Privacy / Use of the Website
Data Privacy is guaranteed.
IX Period of Limitations
For all claims which you hold against AMAZING SEA-TOURS due to a breach of contractual duty, a period of limitations of one year applies from the date prescribed by law. The period of limitations begins to run on the first day of the year in the year following the occurrence of the breach of duty.
X Invalidity of individual Provisions
Should any of the individual provisions of the brokerage agreement be deemed invalid or unenforceable, this shall not affect the validity or enforceability of the agreement as a whole.
The invalidity of the procured travel agreement shall not affect the validity of the brokerage agreement.
The invalidity of any of the here established Terms and Conditions does not affect the validity of the remaining provisions.
AMAZING SEA-TOURS LTD. UK., 483 Green Lanes, London N13 4BS, England. Com.Reg.No. 5277596, Companies House England and Wales.