GENERAL TERMS AND CONDITIONS
These general terms and conditions are applicable to all bookings.
Holidays Mauritius is a brand of Indian Ocean Travel, which might - in the following - be referred to as we/us/our/the organizer/the tour operator.
Contracts are made between Indian Ocean Travel and you, the customer/traveler.
Services will be provided by property/hotel owners or other service providers.
1. Conclusion of the travel contract
When a customer expresses the intent to book an offer ("registration"), the customer gives permission to Indian Ocean Travel to conclude a binding travel contract. The registration may be in writing, made orally, by telephone or via the Internet (e-mail). The contract comes into effect upon acceptance by Indian Ocean Travel. Acceptance requires no particular form.
During or immediately after the acceptance, Indian Ocean Travel will send out the confirmation document. In the event that the content of the confirmation differs from the registration, this is considered a new offer from us, to which we are bound to for a period of 10 days. The contract is implicitly made on the basis of this new offer, if the customer does not reject the new offer before finalizing the booking (see below).
2. Your holiday booking
You can book your holiday and take advantage of our offers on this site, only if they are still available. There may also be other restrictions on some offers, but they are explained to you in detail in the specific offer. A booking is confirmed from our site by e-mail, however, is only finalized (i.e. legally booked) at the receipt of the applicable deposit or a signed confirmation in the form of a fax. (Exceptions, e.g. for last minute bookings possible at our discretion). By finalizing the booking, you thus accept all booking conditions.
If you are booking for a group, you accept the terms and conditions on behalf of the group and declare that each member of the group accepts our terms and conditions as well.
By booking for a group, you are fully responsible for paying the full amount.
In case of any discrepancies or incorrect information, please contact us as soon as possible.
3. Price of your booking
The prices on the website are to be regarded as a guideline. We reserve the right to change some of the prices from time to time. Before a booking is made we will provide you with the exact price, and the services offered on the website. A deposit of at least 30 percent (30 %) of the total amount is due 7 days after the receipt of the invoice. Depending on the time of booking and conditions of the property owner, the deposit can vary. Generally, the paid deposit at any given time must be at least as high as the applicable cancellation fees at that time. This information is available on our website and the payment schedule is shown in detail on your invoice. Depending on the booked accommodation, the remaining amount is due 14, 30 or 45 days prior to your arrival at the accomodation.
In exceptional cases, or under certain circumstances, the property owners may impose other than the usual conditions. For example higher deposits/cancelation fees may be required during peak season. This will, however, be announced before booking.
If the customer is partly or fully in default with the payment of the invoice total, Indian Ocean Travel shall be entitled to rescind the contract or grant a grace period at its own discretion and may demand compensation.
The contractually agreed services are to be found in the service description on the website or sent to you during the booking confirmation, via e-mail.
The prospectus liability is binding for the organizer, but we reserve the right to declare any changes prior to the booking and to inform the traveler about it.
Services described by property owners or other providers in their own publications as well as special requests, are only binding if expressly confirmed by Indian Ocean Travel in written form.
For external services of other companies that are mediated explicitly on their behalf, such as flight only, car hire, excursions and other events, Indian Ocean Travel does not accept tour operator liability. Liability for placement errors is limited to intent and gross negligence.
5. Cancellation by the customer, rebooking, replacements
5.1 The customer may cancel the booking at any time.The processing of any customer cancellations is dependant on when the notice is recieved by Indian Ocean Travel. The customer is encouraged to declare cancelations in written form (e-mail). Indian Ocian Travel will not be responsible for any delays in the cancellation notice.
All cancellation requests made by the customer will be processed by us during normal business hours.
If the customer withdraws from the contract or does not take the journey, the tour operator can claim compensation for the travel arrangements and for its expenses.
Indian Ocean Travel will typically settle this claim with a fixed percentage of the travel price (see general cancellation fees below).
In cases where these fees do not apply, the decisive factors are: initial cost of travel, other booked travel services, the proximity of the arrival date , expenses saved and possible further use of the services.
In any case, it remains the customer's right to prove that Indian Ocean Travel incurred none or lower costs in connection with the resignation.
5.2 General cancellation fees:
In case the trip is cancelled, cancellation fees incur according to the contract.
Depending on the product you choose, one of the below mentioned cancellation policies applies. Each product offered is designated with a specific category of cancellation terms. Categories are denoted with a single captial letter (A,B,C). The applicable letter code can be found in the individual product's website description.
- up to 15 days before arrival 30 % of the total
- as from 14th day before departure or failure to travel, 100 % of the total price will be charged
14 days prior
- up to 31 days before arrival 30 % of the total
- as from 30th day before departure or failure to travel, 100 % of the total price will be charged
30 days prior
- up to 46 days before arrival 50 % of the total
- as from 45th day before departure or failure to travel, 100 % of the total price will be charged
45 days prior
Please note that these costs could be avoided by taking out travel insurance.
5.3 Special cancellation conditions
Services or accommodations that do not meet our standard cancellation policy will be listed by us separately. You can find object-related cancellation conditions in the online description of the specific service offered.
5.4 For changes to the travel date (within the period of validity of travel advertising and subject to availability) or accommodation requested by the customer (rebooking), Indian Ocean Travel is entitled to levy, in accordance with the aforementioned limits a rebooking fee per booking. Any rebooking fees are determined according to Section 5.1.
Rebooking wishes that occur after the deadlines may, if their implementation is at all possible, be carried out under cancellation conditions as described in 5.1 and simultaneous new booking.
5.5 Prior to the commencement of travel (considering the time required for the organization) the client can demand that instead of himself, a third party enters into the rights and obligations arising from the travel contract. Indian Ocean Travel may object to the entry of the third party, if this does not meet the travel requirements or it is against legal provisions or administrative orders.
If a third party enters into the contract, he and the traveler are jointly liable towards Indian Ocean Travel for the tour price and the additional costs incurred by the entry of the third party.
6. Amendments and cancellation under certain circumstances
Indian Ocean Travel is entitled to make changes to services after the contract when they arise due to circumstances outside the influence of the organizer. This includes the replacement of the specified accomodation, or the transport specified in largely identical standard, unless otherwise a price adjustment would be required.
In case of such changes, Indian Ocean Travel will inform the traveler immediately.
In case the changes are significant or unreasonable, the traveler receives a notification and is entitled to a free change or a full refund to which he shall reply within 10 working days. Any other cancellation right of the participant remains unaffected.
7. Any unused services
If the customer does not use services (e.g. because of early return or other compelling reasons) that were offered to him, for reasons that are attributed to him, he is not entitled to a pro rata refund of the price. The tour operator will make all efforts to arrange a reimbursement of the expenses saved by the service provider(s). This does not happen for completely insignificant services or if a refund is in conflict with statutory or regulatory purposes.
8. Identified shortcomings
If any problems arise during your holiday, please inform the front desk or the administrator responsible (property owner) or our representatives in the respective destination. Here we will strive to help you as quickly as possible.
If the problem could not be solved locally, a detailed complaint can be passed directly to our representative or send to us by e-mail.
If you miss this simple procedure, we will not have the opportunity to examine your complaint and rectify the situation which can negatively affect your contractual rights.
If your complaint can not be resolved locally, you have within 28-days (measured from the date of your return) to send a letter to our customer service.
9. Our liability to you
We take full responsibility to ensure for that you recieve a quality booking and services that are offered to you.
Indian Ocean Travel is liable under the care of a prudent businessman for:
1) The conscientious preparation of your travel
2) The careful selection and monitoring of service providers
3) The accuracy of the its published descriptions of all travel services unless Indian Ocean Travel has declared (before contract conclusion) a deviation from the published description.
4) The correct performance of travel services agreed.
However, we regret that we do not accept obligations for disappointment due to unreasonable expectations.
10. Limitation of Liability
10.1 The contractual liability of the tour operator for damages other than personal injury is limited to three times the price:
a) if the damage to the customer is caused neither intentionally nor by gross negligence or
b) if the tour operator is responsible for the incurred loss or damage solely because of a service provider's fault.
10.2 The tort liability of the tour operator for property damage which isn't caused by intent or gross negligence is limited to three times the price. This maximum liability applies per customer and travel. Possible additional claims relating to baggage under the Convention of Montreal remain unaffected by this limitation.
10.3 If Indian Ocean Travel acts as a contracting air carrier, the liability is governed by the provisions of the Aviation Act in conjunction with the International Convention of Warsaw, Den Haag, Guadalajara and Montreal. These agreements generally limit the liability of air carriers for death or personal injury and loss or damage to baggage. If Indian Ocean Travel acts as a service provider in other cases, it shall be liable to the rules on these provisions.
Even though issuurance is not a booking condition, it is highly advisable to have proper health insurance for the purposes of your travel.
Medical treatment in some countries can cause immensely high costs and if you do not have suitable health insurance, we can not be held liable in this matter. Travel insurance can be booked through us with a competent partner.
12. Travel documents
It is your responsibility to carry valid travel documents and visas while you travel. If you, consequently, cannot enter the country or it causes a financial burden we shall not be held liable.
13. Specific requirements and wishes
We wish to emphasize once again that we differenciate between specific requirements which are components of a rewarding holiday and special requests. If special requirements are communicated to us well before departure, our team tries to meet them as much as possible. Special requests are also forwarded, but we can not take any guarantee for their fulfillment.
14. Duty to cooperate
In case of service disruptions, passengers are required to participate to the full extend of the law and to avoid or to minimize any damage.
The traveler has the obligation to immediately inform the local representative about any complaints. This enables us to take remedial action, if possible. If the traveler culpably omits to report a defect, then he loses his claim for reduction.
15. Exclusion of claims and limitation
Claims based on deficient provisions of the trip, the traveler has up to 28 days from the contractual end of the trip to submit a complaint. After this deadline, the traveler may claim compensation only if he is been prevented from meeting the deadline through no fault of it's own.
Contractual rights of the traveller expire after 12 months. The period begins with the contractual date of the end of the journey. If the participant has filed a claim, the limitation period is suspended until the date on which Indian Ocean Travel rejects the claim in writing. Claims in tort are subject to the legal limitation period.
16 Passport, visa and health regulations
The traveler is responsible for obtaining in time, detailed information about the provisions of passport, visa and health regulations. The tour operator acts only in a consultative capacity to nationals of the European Union For citizens of other countries, the respective consulate is providing the information.
Even if Indian Ocean Travel is assisting with the visa application, it is not responsible for the issue and receipt of any necessary visas by the diplomatic representation, except if responsible for the delay.
The traveler is responsible for complying with all regulations for the implementation of the travel arrangements. All disadvantages, especially the payment of cancellation costs arising from not complying with these regulations, are at his expense, except if they are caused by a culpable incorrect or deficient information from Indian Ocean Travel.
17. Invalidity of individual clauses
The invalidity of certain clauses of the contract does not invalidate the entire contract.
The traveler may sue the tour operator only at its headquarters. For legal actions brought by the tour operator against the traveller, the residence of the traveler is decisive, unless the suit is directed against businesses or individuals who, after the contract was made, have moved their domicile abroad or whose domicile (or habitual residence) at the time of action is not known. In these cases, the seat of the tour operator is decisive.
Printing errors and omissions excepted.