CONSCIOUS TRAVEL LTD
As of 10/2017
These general terms and conditions apply to all the services provided by the organizer (Mauritius Conscious) as part of travel packages. The brochure, quote, proposal, itinerary of the organizer constitute the prior information. Consequently, in the absence of provisions to the contrary specified on the front of the present document, the characteristics, specific terms and conditions and price of the trip as indicated on the brochure, quote, proposal, itinerary of the organizer, will be binding upon this agreement being signed.
Mauritius Conscious only acts as an agent between the service provider and the client for services that are specified on its website. The service provider is the owner and/or the administrator of the booked accommodations and travel services. The contractual obligation of Mauritius Conscious is limited to the proper arrangement of accommodation and travel services; this includes appropriate consultation, processing the booking and delivering the travel confirmation. In particular, Mauritius Conscious assumes no liability or guarantee for fulfillment of services by the service provider.
1. Travel Contract
The contract shall contain the following clauses:
1° The name and address of the vendor as well as the name and address of the organiser;
2° The travel destination(s) and, in the case of a split stay, the different periods and their respective dates;
3° The means, characteristics and categories of transport used if any, and the dates and places of departure and return;
4° The type of accommodation, its location, level of comfort and main characteristics;
5° The meals offered if any;
6° The itinerary in the case of a tour;
7° The visits, excursions and other services included in the total price of the journey.
8° The total price of the services invoiced and an indication of any possible revision of same pursuant to the provisions of article 3.
9° The terms of payment of the price;
10° The specific conditions requested by the buyer and accepted by the vendor;
11° The terms and conditions under which the buyer may make a claim against the vendor for breach of contract. Such claim shall be made as soon as possible, by any means which would permit an acknowledgement of receipt to be obtained from the vendor, and if appropriate, communicated in writing to the relevant travel organiser and service provider;
12° The deadline by which the vendor must inform the buyer in case of the cancellation of any journey or stay which is subject to a minimum number of participants, in accordance with the provisions of clause 8.2.
13° The contractual conditions of cancellation;
14° The conditions of cancellation provided for in clause 8
15° The details regarding the risks covered and the amounts guaranteed under the insurance policy covering the consequences of the professional civil liability of the vendor;
16° The deadline by which the vendor must be informed if the contract is transferred/assigned by the buyer;
19° The undertaking to provide to the buyer, the following information at least 10 days prior to the scheduled departure date:
a) The name, address and telephone number of the vendor’s local agency or, alternatively, the names, addresses and telephone numbers of local organisations which could assist the consumer in case of difficulty, or alternatively, the telephone number through which the vendor may be urgently contacted.
b) For journeys and stays of minors abroad, a telephone number and an address where the child or the person responsible for his stay in the foreign country may be contacted directly.
Our prices are indicated in Euros per person and are established on the basis of the prices and exchange rates in force at the time that our price lists are set and are subject to revision after same are published. Although we exercise care and attention in the preparation of our quotes, they may contain errors.
The exact price shall be confirmed to the client at the time of the booking. No claim regarding the price of the services ordered shall be entertained after the return of the client. It is the client’s responsibility to ensure that he is agreeable to the price prior to his departure. Conditions applicable to babies: they are applicable for children aged 0 to 1 year (less than 2 years). Conditions applicable to children: they are applicable for children aged 2 to 11 years (less than 12 years). Our prices include the services mentioned in our quotes.
Our prices do not include:
● Costs of formalities (vaccinations, passport or visa);
● Supplementary insurance policies such as cancellation and luggage insurance;
● Any personal expenses (meals, tips, souvenirs, etc.);
● Local taxes and services in force;
● Costs and guarantees requested for car rental;
● Transportation and cost of fuel.
In general, the prices are calculated at an all-inclusive package rate basis, including a package of services described in the program. They are based on a certain number of nights and do not necessarily correspond to a predetermined number of full days or nights due to the schedules imposed by arrival and departure flights of the client. The first and last days may happen to be curtailed by a late arrival or an early departure. In this event, no refund will be made. In general, rooms are available as from 14h00 on arrival and must imperatively be vacated, depending on each hotel, between 10h00 and 12h00 on the day of departure.
3. Revision of Prices
In the event of changes in economic circumstances (increase in the cost of services, taxes and charges, exchange rate fluctuations, etc…), our company reserves the right to review its prices, both upwards or downwards. A price revision is only admissible if upon compliance with the agreed requirements, an exact description for the calculation of the new price has been provided. The customer must be immediately notified of the price revision and its reasons. If the price increase is more than 10%, the customer is entitled to withdraw from the contract without cancellation fees.
During the 30 days’ period immediately preceding the scheduled departure date, no change can be made to the price stated in the contract. Gifts for honeymoon, wedding anniversaries and the various offers indicated in the prices can change without notice on the decision of the relevant service provider.
Booking of one of our stays or travel packages implies acceptance of the conditions set out herein. The client expressly acknowledges having received all information pertaining to the stay or travel package selected through our quotation. Where a service cannot be confirmed on the booking day, the service will be considered “requested”. The client shall pay the deposit or the remaining balance in accordance with the conditions set out in article 5 of these specific terms and conditions of sale. The organizer will inform the customer of the evolution of the “requested” above mentioned service. Where the provision of the service is confirmed, the customer will no longer be able to withdraw.
5. Deposit and Payment Methods
On booking, the client shall pay a deposit of 50% and settle the balance at the latest 45 days prior to the departure date. Once the deposit is received Mauritius Conscious will send an acknowledgement to the client. The client will only receive the final booking confirmation after paying in full.
For bookings made less than one month prior to the date of departure, the client shall settle the full price of the stay or travel package at least 3 days before arrival. The client shall send a proof of payment by e-mail to Mauritius Conscious to confirm this booking.
Any client who does not settle the balance on the agreed date shall, at the option of the vendor, be deemed to have cancelled his stay. Cancellation fees shall be withheld in accordance with article 8 of these specific terms and conditions of sale.
Payment must be made by bank transfer. The bank details for Mauritius Conscious and the required payment reference will be stated on the invoice that the client receives. The payment reference must be specified when making a payment so that the transfer can be properly allocated. Any possible transfer costs must be borne by the client.
6. Transfer of the Contract
The transferor(s) shall inform Mauritius Conscious or the travel agency of the transfer of the contract by e-mail at least 7 days prior to the beginning of the journey, stating precisely the name(s) of the transferee(s) and the participants of the journey and specifying that the latter satisfy the same conditions as the transferor to carry out the journey or stay (same type of accommodation, same number of passengers; particularly for children who must be in the same age group). Operations following a transfer of contract may incur charges: please contact us for further information.
7. Conditions for Modification
7.1. Conditions for modification by the client:
We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes (for example, if you have a new email address), then you are responsible for notifying us of those changes. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information.
a) Prior to the departure:
Should the customer want to make an amendment after booking, Mauritius Conscious will check whether this amendment is possible and what effects, financial and logistical, the amendment will have on the contract. Mauritius Conscious will notify the client of their resulting options. For contract amendments, a refund to the client is excluded.
Please note that depending on the selected packages, the categories of hotels, and period, more restrictive modification conditions may prevail. Such special conditions are systematically indicated on the quotes, options or sale contracts.
If the modification relates to an extension of the stay, increase in the number of participants, the purchase of additional services or change in the meal plan, only the price of such modifications will be charged.
In case of a change of the departure date or the package, any modification will be considered as a cancellation and a new booking will be made. The applicable charges fees will be the same as the cancellation charges specified in article 8 of these specific terms and conditions of sale.
b) After the departure:
The charges resulting from any modifications not approved by Mauritius Conscious shall be borne by the client exclusively, as well as the cancellation fees, and the client shall not be entitled to claim any refund for unused services. Any change in the departure date shall be considered as a cancellation. The interruption of the stay shall not give rise to any refund.
7.2. Conditions for modification by Mauritius Conscious:
Each of the items listed on the quote and the Website of the organizer are subject to change by the organiser. The client shall be notified by e-mail of such changes prior to the signing of the contract. The prices, schedules, itineraries mentioned in our programmes may be modified due to circumstances beyond our control or as a result of events caused by force majeure.
If it turns out after the departure that a significant proportion of the contractually agreed services will or cannot be provided, Mauritius Conscious must – without additional remuneration – make suitable alternative arrangements so that the journey can be continued.
8. Conditions for Cancellation
8.1 Conditions for cancellation by the client:
The customer may, without the operator having claims against him, cancel the contract if the following cases occur before the beginning of the service:
● If material components of the contract including the travel price are changed to a considerable extent.
● The frustration of the conditioned purpose and/or character of the travel event as well as an increase in the agreed travel price by more than 10% effected according to section 3 will in each case constitute such contract modification.
Mauritius Conscious is obliged to immediately notify the customer the contract modification either directly or via the procuring travel agency and to simultaneously instruct him regarding the existing option to either accept the contract modification or to cancel the contract; the customer must immediately exercise his option.
Any cancellation of a booked trip will entail the following charges:
● 60 days prior to arrival: 30% of the total travel cost
● From 59 to 30 days prior to arrival: 60% of the total travel cost
● Less than 29 days prior to arrival or no-show: 100% of the total travel cost
Please note that depending on the selected package, the categories of hotels, and period (particularly during the end of year period), more restrictive cancellation conditions may prevail. Such special conditions are systematically indicated on the quotes, options or sale contracts. No refund shall be made if (a) the client does not present himself on the dates and locations indicated in the booking confirmation issued by Mauritius Conscious; or (b) if he fails to present the police and health documents required for the journey (passport, Visa, ID card, vaccination certificate, etc …).
8.2 Conditions for cancellation by Mauritius Conscious:
The tour operator will be released from the contract if a minimum number of participants specified in the advertisement is not achieved and if the customer has been notified about the cancellation in writing until 48 hours prior to the day of the excursion.
No compensation may be claimed if the cancellation of the trip results from circumstances of force majeure or for reasons relating to the safety of travelers.
The client bears full responsibility for informing himself on entry conditions, current security situations and health information of Mauritius and their link to the client’s country of residence and nationality.
The client must have the necessary travel documents prior to departure (where appropriate, a visa is required). On request, the client must also be able to present the booking confirmation to customs on arrival.
The conclusion of health, luggage and/or travel insurance is not mandatory but is recommended.
For minors not accompanied by their parents, an authorization to leave the national territory is required. For all destinations requiring a passport, a minor, irrespective of his age, must hold his own passport. Consequently, Mauritius Conscious cannot be liable where, despite this prohibition, an unaccompanied minor is registered, without his knowledge, to any trip.
Mauritius Conscious representatives have been mandated to welcome clients upon their arrival and ensure a smooth journey for them. Their contact information is set out on the vouchers and the sales contract.
11. Claims by the client
11.1 Claims related to inland services provided locally:
The clients are invited to formulate and submit their claims to the local representatives so that they can, whenever possible, provide an immediate solution to the problem raised. In case of a modification by the client and depending on availability, the additional charge is payable by the client on site to the local representatives.
11.2 Claims after return from the journey:
Any claims related to inland services in respect of a problem that could not be resolved locally shall be submitted to Mauritius Conscious and/or through the travel agency by e-mail within 15 days of the client’s return. Failure to respect this deadline could affect the manner in which the claim is processed and a supporting document will be required. Any document which may support the claim must be sent by the client to the travel agency or to Mauritius Conscious. Any reply from Mauritius Conscious will be sent in writing.
Mauritius Conscious can not be held liable for any damages, losses or problems in the accommodations, tours, excursions or transfers during the journey of a client that were not caused by intent or gross negligence in the selection of the service provider.
The photographs and images that appear on Mauritius Conscious’ website and marketing material are not binding. Mauritius Conscious cannot be held responsible for differences between images and products, places or services. Similarly, the descriptions that emerge from the title of a travel package, product or service are not contractually binding. They only serve for differentiation and recognition.
Mauritius Conscious cannot be held liable for climatic conditions during the client’s stay.
For excursions including special risks (e.g. canyoning, hiking, climbing, mountain biking, scuba diving, etc…), Mauritius Conscious will not be liable for the consequences of risks outside of its scope of duty.
Mauritius Conscious’ obligation to thoroughly prepare the journey and to thoroughly select the persons and companies commissioned with the provision of the single travel services remains unaffected.
13. Legal Jurisdiction & Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Mauritius.
14. Invalidity of Individual Terms
Any provision of these terms and conditions declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or un-enforceability, be deemed severable and shall not affect the other provisions of these Distribution Agreement.
If there are any questions regarding this Terms & Conditions of Sale, you may contact us using the information below.
CONSCIOUS TRAVEL LTD (Mauritius Conscious)
Turbine Business Incubator
Vivéa Business Park
Tel: (+230) 5981 8746
Last Edited on 10/2017