
General Terms and Conditions (GTC)
incento travel experience, Hochstrasse 112, CH-8330 Pfäffikon, Switzerland, herein mentioned under <ITE>, acts as intermediary for individual services (i.e. flight, hotels, car rentals, etc.), other individual touristic services (i.e. sport instructors, travel guides, interpreters, etc.) or organizing journeys with third-party tour operators. The following conditions apply to the procurement of these services:
Subject Terms of Contract
The order of the customer to <ITE> to procure a transport or another touristic individual service, i.e. hotel stay or car rental car, must take place in writing by means of E-Mail, Fax or by letter. The acceptance becomes binding only with written confirmation by <ITE> via E-Mail, Fax or by letter. The contractual obligation is the normal procurement of the booked service; the contribution of this service as such is not a component of the obligations of <ITE>.
Correspondence
The placing of an order by the customer as well as the order confirmation by <ITE> takes exclusively place in writing. For this mainly E-Mail or Fax is to be used. Both the customer placing the service order as well as <ITE> guarantee that messages sent via E-Mail or Fax are correctly received and immediately read.
Terms and Conditions of the procured Service Provider
Be it that <ITE> itself is not the direct service provider – e.g. air passage, reservations for hotels or rented car, limousines service, and the like, the general terms and conditions (GTC) of the service provider assigned by <ITE> will be applied.
Transfer Postings / Cancelation of a Contract
The transfer posting of a procured service can only take place via cancelation of the contract followed by a new contract, as long as the service provider did not plan special regulations therefor. In case of both cancelation and transfer posting a claim for compensation for resulting expenditures persists. A new claim for compensation of cost expenses may result for a new contract, unless <ITE> or the service provider has to cover the transfer posting.
Flights
For the flights booked via <ITE> the following conditions apply:
- Only the Airlines mentioned in the flight documents may be accessed.
- For all flight, the traveller has to confirm both return and connecting flight 72 hours at the latest before the booked flight date, otherwise the right to transport is not guaranteed.
- A refund for not fully used flight tickets is not possible. Please note that either the Airline or the Tour Operator apply their conditions for cancelled flights at special rates. The cancellation fees for flights at special rates can amount up to 100% of the originally paid ticket price.
Change in Prices
<ITE> is entitled by order of the Airline to increase the ticket price, if unforeseeably and after conclusion of a contract the below designated price components increase or originate from circumstances and factors caused neither by <ITE> nor the Airline:
- Foreign Exchange rates
- Transport rates
- Government fees or regulatory taxes, e.g. Airport Security fees or
landing charges
The price increase, however, is only permissible if there is a period of more than four months between the conclusion of a contract and the beginning of the journey. The air fare may be increased only to the extent which corresponds to the increase of the price components mentioned.
Upon the participant’s request <ITE> is both obligated to specify the reasons and range of the price increase as well as to immediately communicate the possible price increase at the latest three weeks prior to departure. If the air fare increases by more than 5%, then the participant is entitled to cancel the contract without paying compensation.
Payment
Unless otherwise stated (e.g. in the homepage of <ITE> or in the confirmation of order), the bill for all services provided by <ITE> must be settled before departure or respectively on the handing over the travel documents.
Without advance payment of the travel costs, the provision of any services can be refused. Information on to which extent a prepayment is necessary and when it is due will be stipulated in detail on the booking confirmation. Fees for cancellation, handling and transfer postings are due immediately.
Payments are due exclusively via bank transfer.
Insurances
<ITE> recommends the conclusion of a travel security package, in particular insurances for cancelation charges and/or substitution travel. Additionally, the conclusion of an insurance for health coverage/general accident/repatriation is highly recommended.
<ITE> does not assume liability or incidental costs in the case that the traveller himself has either insufficient or no personal insurance coverage.
Information on Regulations for Passport, Visa, Customs, Foreign Currency and Health
As far as <ITE> provides information regarding the regulations specified above, <ITE> assumes the participant is Swiss citizen, if another nationality is not obvious or is communicated by the participant. <ITE> expressly points out that the possibility of a change of these regulations by the authorities exists at any time. It is recommended, therefore, that the participant informs himself on changes of the regulations in the destination country (e.g. to pursue the authority for foreign information, responsible in the country of origin of the participant) in order to be able to adjust himself timely to changed circumstances.
Liabilities of <ITE> incento travel experience as Intermediary
Any data and information concerning procured transports or mediated touristic services are exclusively based on the data published by the responsible service providers toward <ITE>, they do not represent a warranty of <ITE> toward the travelling tourist. Regarding the procured services, <ITE> does not take any liability for the offered services by the third-party service provider in charge, but only for the correct procurement of the travel service as well as for the correct passing on of the information of the service provider to the participant.
Limitation of Liability
For damages or disprofits in the direct context of providing services by <ITE>, independently of any legal ground, <ITE> has unlimited liability to the maximum extent of the costs of the provided services. For damages or disprofits above this limit, however, <ITE> has liability either in cases of intent or gross carelessness only.
Ban of Assignment
A transfer of requirements of the participant against <ITE> on third, also on spouses or relatives, is excluded. This concerns both requirements from the intermediary contract and in the connection with it as well as from impermissible action. The judicial assertion of aforementioned requirements of the participant through third parties but in his own name is inadmissible.
The Homepage of incento travel experience
The homepage is always kept up-to-date. Unless otherwise stated, e.g. by the means of the confirmation of order by <ITE>, the conditions at the time of the last change of the homepage are applied in any case.
<ITE> is in no case responsible or liable for any external Link to other homepages, the providers thereof are fully responsible and liable for the content of their homepages.
Place of Jurisdiction
Place of Jurisdiction is the legal residence of <ITE>, notably CH-8330 Pfäffikon, Switzerland.
