Application And Travel Confirmation
a. The booking contract can be concluded in writing, or verbally by telephone. The booking contract is obligatory and if the booking is accepted, the price and the service are confirmed in written form.
b. Is the content of travel confirmation different to the content of application, the travel confirmation will be made under the new terms if the customer is not contradicting within 7 days in written form.
The total travel expense has to be paid at latest 1 week before date of arrival, unless otherwise agreed in a written form.
Services are only valid as stated in the proposal of travel offer and if it is listed in the customers travel confirmation. If a service not or just partly occupied,< the supplier keeps the claim of payment. A claim of restitution is debarred except if the supplier agrees due to special circumstances.
Modifications or divergences of particular travel services written in then booking contracts declared content that deemed to be necessary after contract signing, are only permitted if the modifications of divergences are irrelevant and not unreasonable for the customer. The supplier can deviate from the travel services, if it is necessary out of specific reasons that not issued from his sphere of influence, like force majeure, weather depending reasons etc., or if the supplier has explicit declared specific subjects to change without notice in the travel confirmation.
Withdrawal (from a contract)
The customer can cancel his booking and step back from the contract up to 1 week before date of arrival under the following terms:
– paying 10% of the total expense while cancelling the contract up to 4 weeks before the stated date arrival
– paying 20% of the total travel expense while cancelling the contract up to 2 weeks before the stated date of arrival
– paying 50% of the total travel expense while cancelling the contract up to 1 week before the stated date of arrival
– cancelling the contract within a week, the total travel expense has to be paid
We advise our clients to buy a travel withdrawal insurance policy. Without prejudice to the both side claims of the travel step back, the supplier can step from the travel services up to 1 week before date of arrival of the customer without specification of reasons. After that the supplier can step back from the contract or cancel it under written specification of the following terms:
– strong disturbance of peace or contrary to the contract behaviour of the customer
– out of reasons that can not deputized by the customer
– in case of force majeure
The arrival takes place at the customers own expense and under his owb full responsibility. The customers travel management starts with the customer’s arrival at the Ineika Funcenter.
Liability of the travel business, Ineika Funcenter
a. As long as the supplier has acted in a way that has led to a deficiency of the booked offer, the customer can demand compensation. The customer has to follow the directives of the travel management at all times, in particular the course management as well as the safety guidelines. If the customer acts contrary to directives and guidelines, the supplier is dispensed from his liability. The customer has communicate to the supplier, if the customer fulfils the minimum requirements for the implementation of the booked travel program like minimum age 16 years, 30 minutes of open water swimming as well as to be in a good shape and healthy condition. If the customer does misstatements, the supplier is dispensed from his liability.
b. Restriction of liability
The contractual liability of Ineika Funcenter for damage, which is not physical damage, is limited to the triple amount of the travel price. 1. as far as a damage of the traveller is caused neither deliberately nor roughly negligently or 2. as far as Ineika Funcenter will be responsible for a damage to the traveller only to the fault of a service provider. For all compensation requirements out of bad actions that not based on resolution or rough negligence, Ineika Funcenter will be liable to property damages up to EUR 4.000,00 in case of harm to persons up to EUR 25.000,00. Beside the advice to buy a traveller’s accident insurance we recommend to buy a luggage insurance. The supplier is not liable for achievement disturbances in connection with achievements that only obtained as foreign achievements (e.g. regular flights, sportive events etc.) and that expressly marked on the travelling advertisement. If there are regulations by law for travel services offered by the supplier after that a claim for compensation only under specific conditions and restrictions can arise or come operative, the supplier can refer to it.
Duties Of Cooperation / Complaints
Every customer is covenanted to take part in the framework of existing legislation in case of compensation requirements, to avoid or to keep possible damages as little as possible. Complaints have to be communicated immediately on the spot to the travel management respectively to the service provider. Desists the customer culpably to communicate the deficiency, he can’t assert a claim. Claims have to be communicated in written form within 1 month after the end of the travel agreement by contract over the supplier, Ineika Funcenter. After expiry of the term the assertion of claims is impossible.
The inefficasy of particular terms of the booking contract or the terms of the travel not involves the inefficacy of the total booking contract.
It is agreed Puerto del Rosario, Fuerteventura / Canary Islands / Spain as mutually place of jurisdiction.