Terms
and Conditions
The following information and conditions are part of the
contract between the participant and Classic & Adventure Tours (Gibraltar)
Ltd. / Hertling & Partner:
1. Conclusion of contract
This contract is valid upon
acceptance of your written, personal or telephonic registration with
Classic & Adventure Tours (Gibraltar)
Ltd. / Hertling & Partner or your respective booking-agent. From
this point on, all rights and duties delineated by the contract including
the terms of service are considered in effect.
2. Terms of payment
Full payment is required at least
21 days before the departure-date. 20% of the total payment is required
upon entering into this agreement. Should payment not be made upon payment-date,
Classic & Adventure
Tours (Gibraltar) Ltd. / Hertling & Partner can enforce payment of
the annulment-costs as set forth in #3.3 of this agreement. Should this
tour be booked within 15 days of departure-date, the full payment is
due immediately.
3. Changes/Annulment
3.1
Cancellation of the tour has to be made in
person or via registered letter to your place of reservation/booking agent.
3.2.
For changes (change of participant, cancellation)
made until commencement of annulment-date (see 3.3) we charge a handling-fee
of €100.00
per process. After the annulment-date, the conditions set forth in #3.3
apply.
3.3. Annulment-costs:
Should you cancel your registration
later than 42 days before departure-date, for a reason not covered by
obligatory annulment-protection, Classic & Adventure
Tours (Gibraltar) Ltd. / Hertling & Partner will charge you the following
costs in addition to the handling-fee, based on the full purchase-price:
42 - 29 days before departure-date: 30% of purchase-price
28 - 15 days
before departure-date: 50% of purchase-price
14 days before departure-date:
90% of purchase-price
Obligatory annulment protection can be invoked
for the following-reasons:
a) Illness, sickness or accident of participant
b) Death of participant
or a person close to him/her
Participants who exit the tour early for
the reasons listed above can only be reimbursed for services not already
rendered, as long as they are not charged us by other partners.
We therefore
recommend travel-cancellation insurance. In case of non-appearance or
late appearance for departure of plane, 100% of purchase price will be
charged to the participant.
4. Program-changes
In the interest of
all participants, we reserve the right to change the program and specified
services (flight-routes, accommodation, local transport, type of vehicle
for transport, etc.), if unforeseen circumstances (e.g. weather) force
us to do so. We are not liable for changes of program caused by Force
Majeure like weather-conditions, public measures, delays caused by third
parties.
4.1. Changes in price
Under exceptional circumstances
it is possible that the purchase-price will have to be raised, for example
if transport-services raise prices (fuel-price adjustment) or prices
raised by Government or state bodies. Price increases will be put in
effect at least 21 days before departure-date.
Should partners like hotels offer new rebates prior to departure date
or prices be lowered, participants will be immediately informed; the
resulting savings will automatically be credited to the participant.
4.2.
Change of dates
Classic & Adventure Tours (Gibraltar) Ltd.
/ Hertling & Partner
reserves the right to change individual flight-dates after publication
of the brochure, should pressing organizational reasons become apparent.
This adds no additional obligations for the participant.
5. Non
implementation of journey by Classic & Adventure
Tours (Gibraltar) Ltd.
5.1.
Classic & Adventure Tours (Gibraltar)
Ltd. / Hertling & Partner
has the right to cancel the tour, if participants' behaviour gives it
rightful cause for doing so. In that case, Classic & Adventure Tours
(Gibraltar) Ltd. / Hertling & Partner would reimburse participants
for amounts already paid, minus cost already incurred. Further claims
are deemed invalid. Classic & Adventure Tours (Gibraltar) Ltd. /
Hertling & Partner reserves the right to annulment-costs according
to #3.3 and further compensation for damages occurred.
5.2. Minimum
number of participants
For the journey to Gibraltar offered
by Classic & Adventure Tours
(Gibraltar) Ltd. / Hertling & Partner, the minimum number of participants
is 20. Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner
has the right to cancel the tour up to 7 days before departure-date,
should the number of participants fall below the designated minimum.
Further claims are deemed invalid.
5.3. Force Majeure,
Strike
Events of Force Majeure, public measures, or strike can
cause Classic & Adventure
Tours (Gibraltar) Ltd. / Hertling & Partner to cancel the tour. Should
this occur, we will immediately contact you. We will also try to find
an alternative tour of equivalent value. Should you decide to participate,
monies already paid will be fully credited towards the alternative tour.
6.
You start the tour, but are unable to finish it
Should you for
some reason not be able to finish the tour, the purchase price cannot
be refunded. Services not rendered can be repaid only as long as they
will not be charged to Classic & Adventure Tours (Gibraltar)
Ltd. / Hertling & Partner.
6.1. Complaints
You have the right and obligation to
immediately inform tour guide(s) or crew about any damage to your property,
demanding remedy/compensation free of charge. You will be reimbursed
for costs incurred upon presentation of a receipt - as long as you have
immediately complained about the damage and asked for a confirmation
in writing (for the amount of the damages, see #8)
7. Liability
Classic & Adventure Tours (Gibraltar)
Ltd. / Hertling & Partner
will reimburse you for the value of agreed upon, but not or badly produced
results or reimburse you for expenses occurred, should tour guide(s)
and/or crew have not been able to supply adequate substitution there
and then, as long as you bear no personal responsibility. Our liability
is limited to the purchase-price and the immediate damage. We cannot
be made liable, if changes of program have to be made because of flight-delays,
weather or strike. We can also not be made liable if changes of program
were caused by Force Majeure, public measures or delays caused by third
parties that we are not responsible for.
8. Limits of Liability,
Pronouncement of Liability
8.1.1. International Agreements
Should international
agreements contain limitations of compensation for damages caused by
non-accomplishment or insufficient accomplishment, Classic & Adventure
Tours (Gibraltar) Ltd. / Hertling & Partner
can call upon said agreements and limit its liability to the extend set
forth in said agreements.
8.1.2. Exclusion from Liability
Classic & Adventure
Tours (Gibraltar) Ltd. / Hertling & Partner
is not liable should non-accomplishment or insufficient accomplishment
of contract be due to the following reasons:
a) Your personal negligence
before or during the tour
b) Unforeseeable or unavoidable neglect by
third parties who are not participants in the accomplishment of the contractually
stipulated results
c) Force Majeure or any incident which Classic & Adventure
Tours (Gibraltar) Ltd. / Hertling & Partner, the service-provider
or service-procurer, despite imperative due diligence, could not foresee
or avert.
d) Changes of program or flight-route caused by weather. In
such cases any liability by Classic & Adventure Tours (Gibraltar)
Ltd. / Hertling & Partner
is deemed null and void.
8.1.3. Property Damage or Damage to
Assets
In case of property damage or damage to assets, which
are caused by non-compliance or insufficient-compliance to the contract,
Classic & Adventure
Tours (Gibraltar) Ltd. / Hertling & Partner is only liable up to
the maximum amount of the amount paid for the tour, except if the damage
has been caused deliberately or negligently. Liability-limits set forth
by international agreements apply.
8.1.4. Local events or tours:
In Gibraltar, you will
be able to book local tours or participate in local events. Your participation
in these events/tours will be at your own risk. Classic & Adventure
Tours (Gibraltar) Ltd. / Hertling & Partner
cannot be made liable for events or tours that you book at your destination.
8.1.5.
Travel-documents
Every participant is solely responsible for
the necessary valid travel-documents (passport), as well as compliance
with entry-, health- and currency-requirements. We hereby inform you
that in case of non-admittance into a country, you will be responsible
for the costs of return-travel. Classic & Adventure
Tours (Gibraltar) Ltd. / Hertling & Partner also expressly wishes
to call attention to the consequences of importing prohibited goods or
other prohibited material.
9. Luggage
Your luggage is limited to a maximum of 12kg.
Carry-on luggage should not exceed a weight of 6kg. |