General terms and conditions

PREMISES

1. The objective of My Ideal Traveling Sagl, hereinafter called “the agency”, is to render the planning of your vacation simple and safe. Please read these general terms and conditions, which govern all the relationships between the customer and the Travel agency carefully. The customer acknowledges that these general terms and conditions (hereinafter also called “GC”) will be sent only via e-mail and are available on the website www.myidealtraveling.com . By requesting information or by using the website, the customer specifically declares that he or she has read and accepted the terms and conditions after downloading and saving them onto their own computer.
2. The customer acknowledges the fact that the following important information will be delivered exclusively via email:

• Before concluding the contract:

– any requirements regarding passports and visas (deadlines for obtaining these documents);

– Eventual Health Department formalities necessary for the trip and the stay.

• Before the trip starts:

– the times and places of the intermediate stops and the connections;

– the place where the traveller must stay and meet the local guides or drivers;

– the name, address and telephone number of the local agent or the local offices which can provide assistance to the customer in case of problems; if these offices do not exist, the customer will in any case be given an emergency telephone number of any other type of information which will allow him to contact the organizer or the vendor;

– information on the possibility of taking out insurance which would cover the costs of cancellation or repatriation in case of accident or illness. 

1.MEANING OF ALL-INCLUSIVE TRAVEL

The meaning of all-inclusive travel is defined by Art. 1 of the Federal Law regarding all-inclusive trips of 18 June 1993. By all-inclusive travel we mean the pre-established combination of at least two of the following services, if offered at a flat rate price and lasting more than 24 hours or includes an overnight stay:

• transportation;
• lodging;
• other non-accessory tourism services of the transportation and the lodging and forming a significant part of the overall service  

2.SOURCES

The contractual relationship between the agency and the customer is governed by the Swiss Federal Law concerning all-inclusive trips of 18 June 1993, by these general terms and conditions, and by the clauses included in the travel documentation delivered to the customer. The customer acknowledges that, in conformity with Art. 3 of the Federal Law concerning all-inclusive travel, the information included in the prospectuses are binding for the organizer or the vendor who published them and can be modified with an additional agreement between the contracting parties if the prospectus draws attention to this possibility. The agency, in conformity with the provisions cited, reserves the right to modify both the prospectuses and the online information. 

3.BOOKING

The booking request must be sent via e-mail, it must be complete and must describe all the options and the services required by the customer in detail. The contract between the parties is concluded with the transmission to the customer of the booking confirmation by the agency. Notification shall be made exclusively by electronic means (e-mail). The agency reserves the right not to accept a request.

4.PAYMENTS

At the time of receipt of the confirmation of the booking of the services, a deposit of 30% of the quota of participation must be paid. The balance must be paid at least 30 days before departure. For registrations made during the 30 days preceding the date of departure, the entire amount must be paid in a single settlement. Failure to pay the above amounts by the dates established constitutes express termination clause and gives the agency the right to immediately cancel the contract. As for hotel stays, the payment terms applied by the agency will correspond to those applied by the individual accommodation facility and indicated to the customer at the time of booking. 

5.PRICE

The price of the travel package is determined in the contract, with reference to what is indicated in the customized program and any updates to these programs which subsequently added. An increase in the price contractually agreed on is possible only if:

• the contract expressly provides for this possibility and establishes the specific methods of calculation of the new price;
• it occurs at least three weeks before the date of departure; and it is justified with the increase in the costs of transportation, including those of fuels, taxes for specific services, such as landing fees, boarding and disembarkation in ports and airports or with a change in the exchange rates applied. 

6.TERMS OF CANCELLATION

The consumer can withdraw from the contract, without paying any penalty in case of increase in the price as provided in the preceding article exceeding 10%. In case of substantial change in the contract, the customer has the right to withdraw from the contract without owing any compensation under the rights provided in Article 7.

• The cancellation policy will be indicated to the customer for each individual booking based on the requests of the accommodation facilities, resort or ayurveda center at the time of booking.
• Regarding flights, the cancellation policy is determined by the air carrier and independent of the organizer’s will. It will be communicated at the time of booking. In the event of cancellation of an already issued ticket, the agency fees are non-refundable.
• The agency fees, if due, are non-refundable in case of cancellation, at any stage. 

7.SUBSTANTIAL CHANGE IN THE CONTRACT

By substantial change in the contract we mean every significant change of an essential part, which the organizer makes before the date of departure. An increase in the price of more than 10% is considered a substantial change. The agency notifies the customer, as quickly as possible, of any substantial change in the contract and the relevant impact on the price. The customer can accept this substantial change in the contract or withdraw without owing compensation. If the customer withdraws from the contract, they are however required to inform the travel agency as quickly as possible. If they withdraw from the contract, the consumer has the right:

a) to another “all-inclusive” trip of equivalent or greater quality if the organizer or the vendor can offer it to them;

b) another “all-inclusive” trip of lesser quality, as well as the reimbursement of the difference; or

c) the fastest reimbursement possible of all the amounts paid.  

8.CANCELLATION OF THE “ALL-INCLUSIVE” TRIP

If the travel agency cancels the trip before the date of departure because of circumstances not attributable to the customer, the latter has the right to the claims listed in Article 7. The consumer however does not have the right to compensation for damages for non-fulfilment:

1. if the cancellation is due to a number of bookings lower than the minimum required and the consumer is informed of this in writing by the deadline indicated in the contract; or
2. if the cancellation is due to force majeure. Excess bookings are not considered force majeure. 

9.SUBSTITUTIONS

The renouncing customer can be replaced by another person provided:

• the agency is informed of this in writing at least 10 working days before the date set for departure, receiving contextually information regarding the personal details of the assignee;
• the substitute satisfies all the conditions for the use of the service, in particular the requirements related to passport, visas, and health certificates;
• the incoming individual and the outgoing one reimburse the agency for all the expenses incurred for taking care of the substitution extent that will be quantified before the transfer. The transferor and the transferee are jointly responsible for the payment of the balance of the price. Relative to certain types of services, it could happen that a third supplier of services may not accept the change in the transferee even if within the period referred to in point. The agency will not be responsible for any rejection of the amendment by the third party service providers. Such failure will be promptly notified by the Agency to the parties concerned before departure.

10.CASES OF FORCE MAJEURE

Strikes, suspensions because of adverse weather conditions, natural events, civil and military unrest, riots, acts of terrorism, technical problems or similar which can cause changes to the program constitute cases of force majeure. In the cases of force majeure, the agency is not required to reimburse the supplemental expenses causes or the reimbursement of the services which it was not able to use due to the aforementioned changes. 

11.INSURANCE COVERAGE

The customer pledges to take an insurance against the risk of cancellation costs. Should they not have this insurance coverage, they must immediately notify the agency, whom against remuneration, will provide the customer with information regarding the stipulation of adequate insurance, which covers in particular, the cancellation costs and/or the repatriation costs in case of accident or illness. The agency however declines all responsibility relative to the absence of coverage or adequate coverage, which is the customer’s exclusive responsibility.

The customer acknowledges that the insurance coverage related to the risks of baggage loss, theft and damage is exclusively their responsibility. The agency however declines all responsibility relative to the absence of coverage or adequate coverage, which is the customer’s exclusive responsibility. 

12.RESPONSIBILITY: PRINCIPLE

1. The agency contractor is liable to the consumer for the proper performance of the contract, regardless of whether they or other providers have to deliver the services.
2. The Agency may demand compensation from the other service providers.
3. Subject to the limitations of damages for non-performance or poor execution of the contract, as stipulated in international agreements. 

13.EXCEPTIONS

The agency is not responsible towards the consumer if the non-fulfilment or the poor execution of the contract is attributable to:

• a) failures of the consumer;
• b) unforeseeable or insurmountable failures of a third party outside the supply of the services covered in the contract;
• c) force majeure or event which the agency, despite all due diligence, could not anticipate or resolve. 

14.LIMITATION AND EXCLUSION OF RESPONSIBILITY

1. The liability for body injuries resulting from the non-fulfillment or poor execution of the contract cannot be limited by the contract.
2. For other damage, excepting those intentional or due to negligence, compensation is expressly limited to twice the price of the trip ‘package’. 

15.JURISDICTION AND APPLICABLE LAW

Swiss law applies exclusively to all these general terms and conditions, to the contract and to any other relationship arising between the parties regarding the organization and the execution of an activity organized by My Ideal Traveling Sagl. For any and all disputes pertaining to these general terms and conditions or pertaining to the contract, the parties elect as exclusive jurisdiction the Court of Lugano.