General Terms and Conditions of Travelmotion AG
1. Objectives of the GTC
1.1. The current GTC determine the legal relationship between the customer and Travelmotion AG. Travelmotion AG is the coordinator of high-quality golfing holidays (package tours). In addition, it can operate as the representative for other suppliers and their services.
1.2. If Travelmotion AG acts only as a representative for other suppliers (e.g. travel arrangements) or carries out specific services (e.g. booking of flight tickets, hotel reservations), the general contract and travel conditions of these suppliers are valid pertaining to the service contracted. Travelmotion AG is not, with specific reference to the service provided, a Contracting Party.
2. Conclusion of a Contract
2.1. At the request of the customer, Travelmotion AG provides an individual travel offer. The travel offer from Travelmotion AG is noncommittal by which no contractual relationship exists between Travelmotion AG and the customer. The website of Travelmotion AG outlines the services and prices (standard prices), indicated in leisure and hotel brochures and these do not represent a formal offer or a legally binding contract.
2.2. With receipt of the travel registration/reservation of the customer, the customer of Travelmotion AG contracts for the reservation of the desired package tour arrangements and/or the desired individual service of other tour operators. The travel registration/reservation of the travel arrangement desired by the customer can take place verbally, in writing, by telephone, by fax or electronically (by email).
2.3. The travel contract for the relevant package tour provided by Travelmotion AG commences between Travelmotion AG and the customer, as soon as Travelmotion AG confirms the travel registration/reservation with the electronic reservation confirmation to the customer.
2.4. In the event of Travelmotion AG obtaining the services of other suppliers, Travelmotion AG is not, with regard to the supplied product, the Contracting Party. The travel contract for the service desired is between the customer and the other supplier. The general contract and travel regulations of this supplier are valid. Travelmotion AG is only a representative/intermediary. After the successful booking of the desired service an electronic reservation confirmation takes place.
2.5. The customer is responsible for all the contractual obligations of fellow passengers for which he makes the reservation, as he is for his own obligations (in particular for the payment of the travel price). The contractual agreements and this GTC are valid for all travel express purchasers.
2.6. Travel representatives (e.g. travel agency) and service providers (e.g. hotel, transport enterprise, golf clubs) are not authorized by Travelmotion AG to make agreements, supply information or make warranties that amend the agreed contents of the travel contract, beyond which contractually binding services of Travelmotion AG stand in direct contradiction to the travel advertisement of Travelmotion AG.
3. Auxiliary Services
3.1. Flight recommendations/flight reservations The flight options supplied in the travel offer under auxiliary services constitute a recommendation only. Travelmotion AG offers to book and to pay in advance with the relevant airline, and in the customer’s name, the service and the flights required. The flight provided is not a component of the package tour.’ Travelmotion AG is only the intermediary for the flight provision and therefore, is not a Contracting Party. The general contract and travel conditions of the respective airlines are valid excluding and allowing for: in the travel offer specified, fares, flying times and availabilities, which can change at any time. In case of booking a desired flight reservation a handling charge is due of €30 per person.
3.2. Rented Car Recommendations The car rental options offered under auxiliary services constitute a recommendation only. The car rental is not a component of the package tour. Travelmotion AG is only an intermediary of the car lease and as such is not a Contracting Party. The general contract and travel conditions of the respective car rental service are valid. The specified rented car prices contain: insurance against all risks without self participation, unlimited mileage and in each case the valid value added tax. Gasoline costs as well as special services such as child seat/navigator are not included.
3.3. Green Fees and Starting Time Reservation In the context of the service supplied, Travelmotion AG offers the reservation of the desired starting times to the customer before travel start. The desired starting times cannot be guaranteed by Travelmotion AG. If the desired starting times of the customer should not be available any more, Travelmotion AG is entitled, without prior consultation with the customer, to reserve other starting times in fulfilment of obligations to the customer. The Handicap regulations of the local golf clubs/golf courses are valid. Please note that the course itself can request that valid proof is demonstrated regarding the current handicap. Failure to supply the appropriate proof by the customer/player can lead to exclusion from the course. Non attendance at the relevant course is excluded from any entitlement to a refund. (for this poor weather conditions apply) The costs of extra services on the golf courses like buggies, trolleys and the supply of clubs etc. are not contained within the quoted figure supplied by Travelmotion AG, and the availability of the same depends on the respective capacity and extent of utilization of the golf course.
4. Prices and Terms of Payment
4.1. The travel price which will be paid by the customer is calculated by Travelmotion AG. All quotations for package tours of Travelmotion AG are quoted in euros and contain the valid VAT rates and fees in each case unless specified differently. Payment in Swiss Francs will attract the rate of exchange applicable at the time of booking.
4.2. Travelmotion AG conveys all travel documents (Vouchers) via e-mail, including the price and invoice for payment. Journey reservations require a pre-payment of 25% of the travel price plus 100% of the flight price including handling charge. This is payable no later than seven days after transmission of the travel documents, or in accordance with the payment date fixed on the calculation. The final payment is to be paid no later than 45 days before travel starts, or in accordance with the payment date fixed on the calculation. Reservations made less than 45 days before the travel commencement date, require the total travel price to be paid in full, immediately upon receipt of the travel documentation.
4.3. Any fees arising from bank transfers are debited to the customer.
4.4. Any provision of services by other suppliers (e.g. travel arrangements) or individual products (e.g. air tickets, hotel reservations) may incur a Travelmotion AG handling fee (see number 3,1).
4.5. Travelmotion AG charges an additional 2.25% for all payments made by credit card.
4.6. Non-punctual payment entitles Travelmotion AG to cancel the holiday package and contract in accordance with paragraph 5.
4.7. In some cases, the prices of package tours indicated on the Travelmotion AG invoice may be increased, for reasons out of the control of Travelmotion AG. For example: additional fuel cost levies by carriers, increased national fees such as airport taxes, currency exchange rates, value added tax) or plausibly explained printing errors. Travelmotion AG will notify customers at least 3 weeks before departure or immediately in the case of short term reservations. If the price increase is more than 10% of the originally booked blanket rate, then the customer has the right to withdraw, free of charge from the contract within 5 days of receipt of the notification, whereupon Travelmotion AG will refund all payments already made by the customer as soon as is practicable.
4.8. In case of price changes of services obtained from other suppliers their terms and conditions will apply.
5. Cancellation Rights and Conditions
5.1. Customers with package tours of Travelmotion AG can withdraw at any time before the beginning of the tour. The cancellation must be relayed to Travelmotion AG in writing by fax or electronic message. In the event of the customer cancelling the journey or should it be annulled or not commence, Travelmotion AG will charge appropriate compensation as follows (exceptions under 5.1.1.):
Up to 15 days before departure: 25% of the total price will be retained.
14 to 2 days before departure: 75% of the total price will be retained.
1 day before departure: 100% of the total price will be retained.
The following exceptions apply for golfing-holidays in relation to hotels and golf courses in Maldives, Mauritius, Seychelles, South Africa and Thailand.
Up to 60 days before departure: 25% of the total price will be retained.
59 to 31 days before departure: 75% of the total price will be retained.
30 to 0 days before departure: 100% of the total price will be retained.
Travelmotion AG recommends the purchase of insurance to safeguard against the loss of a holiday.
5.2. If Travelmotion AG obtains the services of other suppliers (e.g. travel arrangements) or individual products (e.g. flight tickets, hotel reservations) the general contract and travel conditions of these suppliers will apply. Flights cannot be cancelled. Should the package tour of Travelmotion AG be cancelled, the full costs of the flights will be due.
6. Changes to the Service or Non-Supply of the Service Arising from the Package Offered by Travelmotion AG
6.1. Changes to the specified holiday package which become necessary after conclusion of a contract and are caused by Travelmotion AG acting in good faith, are only permitted as long as the changes are not substantial and do not impair the overall quality of the holiday.
6.2. Travelmotion AG has an obligation to inform the customer immediately regarding any change to the service.
6.3. In the event of a substantial deviation from the contracted package, the customer may without penalty, withdraw from the travel contract. This will only be valid providing that the customer communicates any cancellation in writing within 5 days of the changes notified by Travelmotion AG.
6.4. In exceptional cases, Travelmotion AG may be compelled to cancel the travel arrangement for reasons of security or force majeure. For example: wartime situations, unrests, strikes, late hotel openings. Travelmotion AG is not responsible for the refund of any verifiable cost or expenditure that has arisen prior to departure. In these instances further claims for damages are excluded. Travelmotion AG will inform the customer of any cancellation as soon as possible and endeavour without obligation, to offer an acceptable alternative.
6.5. If products and services from third party suppliers, negotiated by Travelmotion AG, are cancelled by these suppliers, Travelmotion AG reserves the right to arrange a substitute for the desired service or product, providing it does not substantially alter the nature of the original holiday. All third party products and services, and any changes made to these products and services, are subject to the terms and conditions of the relevant supplier.
7. Re-bookings / Name changes
Once a contract has been agreed, the customer cannot change travel dates, destination, starting point, accommodation, or the mode of any transport. However, if a re-booking or name change is requested by the customer, Travelmotion AG reserves the right to charge a handling fee of €50 per travel customer in addition to any extra costs from airlines, hotels and other service providers.
8. Unused Services
Customers having to prematurely cut short or change their holiday for any reason, are not entitled to a refund.
9. Complaints during the Holiday
9.1. If it is not possible to deliver the requested Travelmotion AG package tour, then Travelmotion AG will without liability, make every effort to provide an acceptable alternative that, if possible, retains the purpose and character of the original package.
9.2. Customers having cause for complaint during any Travelmotion AG package tour must notify Travelmotion AG within 24 hours. This is a necessary condition which makes it possible to claim for reimbursement in some form and, in addition to provide a remedy in most cases. Only Travelmotion AG can accept or approve any indemnity claim.
9.3. All complaints to Travelmotion AG regarding the service provision of other suppliers, are subject to the terms and conditions of these suppliers.
10. Limited Liability
10.1. Where Travelmotion AG acts as a tour operator, it is governed by paragraph 14 of the Federal Law regarding package tours (PRG). This pertains to the careful selection, organization and procurement of agreed holiday packages. For property and financial damages, resulting from a default or non-fulfilment of the package tour contract, and providing that Travelmotion AG did not cause the damage intentionally or through gross negligence, the liability of Travelmotion AG is limited to an amount no greater than double that of the original package tour, unless the limits recognized by international agreements are lower. The liability relates only to the direct damages.
Travelmotion AG recommends that all customers purchase an appropriate insurance policy. Travelmotion AG cannot be held liable if the default or the non-fulfilment of the package tour contract is due to:
- The fault of the customer.
- Unforeseeable or unavoidable faults caused by third parties not directly involved in the contracted service.
- Force majeure, strikes, civil unrest, war, terrorism, official measures of any kind, or
- any event that reasonably could not have been foreseen by Travelmotion AG.
10.2. Travelmotion AG cannot accept liability for the default or the non-fulfilment of services such as travel arrangements, flight tickets and hotel reservations obtained from third party suppliers, unless Travelmotion AG contributed intentionally or negligently to the problem. Travelmotion AG does not assume any liability for problems arising from purchased flight reservations. This includes amongst other things:’ problems which develop from not reconfirming flights to the airline, from misinformation regarding the transport of any kind of luggage (including sports luggage) on different airlines, on the loss of luggage or damaged luggage, flight delays and flight cancellations etc.
11. Passport, Visa and Health Regulations.
Customers are individually responsible for the provision of valid information governing conditions of entry to individual vacation countries. This refers to possible passport and visa regulations and any necessary inoculation. Travelmotion AG does not accept any liability for the refusal of entry to any country due to incorrect passport or visa documentation. The prescribed passport, visa, tariff, foreign currency and health regulations are the sole responsibility of the customer.
12. Applicable Law and Place of Jurisdiction
The applicable law between the customer and Travelmotion AG is under the jurisdiction of Swiss law. The exclusive jurisdiction is Zurich.
Before possible litigation the customer can contact the Ombudsman for Swiss Travel Branches. The independent Ombudsman aims to mediate between the customer and Travelmotion AG in order to achieve a balanced and fair solution for both parties. The Ombudsman is contactable at the following address: (Ombudsman of Swiss Travel Branches).
Ombudsman der Schweizer Reisebranche
Telephone: +41 62 212 66 60
Telefax: +41 62 212 66 80
Telephone: +41 43 488 3706
Telefax: +41 43 488 3500
Date issued: 1st September 2012