The general terms of agreement shall be effective for all the journeys organised by ApsaraAdventuresCorp, as travel organiser, (hereinafter: Travel Organiser), and shall constitute an inseparable part of any travel agreements made by us.
The Travel Organiser and the Customer (hereinafter called Passenger) shall enter into a contract by signing the travel agreement subject to Paragraph 2 of this agreement. Pursuant to the travel agreement, the Travel Organiser renders travel services comprising passenger transportation, accomodation and other touristic services to the Passenger based on the journey chosen by the Passenger, for which services Passenger makes a payment. The price of the travel package (hereinafter: Total Travel Price) consists of two items, namely the Participation Fee plus the Local Payment. The present general terms of agreement, and the documentations and all the written information regarding the particular journeys constitute an inseparable part of the travel agreements, and the particular travel package, the participation fee, the total travel price, conditions, duties and rights are subjected to the their contents therein.
The travel agreement between the Passenger and the Travel Organiser shall be effective provided the following conditions collectively apply:
2.1 The Passenger submits the „Application form” published in pdf format on the website of the travel organiser, duly filled out with the necessary details and clearly indicating the chosen journey, to the Travel Organiser in an e-mail. The validity and correctness of the given details on the application form is the responsibility of the Passenger, thus the Travel Organiser proceeds with the given details, and the Travel Organiser shall not be liable for any prospective infringements as a result of the incorrect details. The application becomes effective on submission.
2.2 Provided that the Travel Organiser intends to enter into contract, they will register the application of the Passenger and notices the Passenger in writing in an identical form or in a manner requested by the Passenger about the details necessary for the advance on the participation fee (i. e. amount, bank account etc.). If the Passenger pays (transfers) the amount of the advance within three days from the acceptance of the notice, the Travel Organiser will send the invoice of the amount paid, the present general terms of agreement, the detailed description of the chosen journey (hereinafter Complete Information Leaflet), the document called „Travel Agreement”, and all other documentation necessary for the contract (declarations etc.) in electronic form to the Passenger in duplicate.
2.3 Passenger shall return one copy of the sent „Travel Agreement” duly signed by return post or in electronic form to the Travel Organiser. By this the Passenger declares that they are familiar with the contents of the travel agreement, and that they have accepted the offer of the Travel Organiser to contract. The travel agreement becomes effective on the Travel Organisers acceptance of the documentation duly signed by the Passenger.
2.4 Any agreement and any duties, performances and considerations incurred by such agreements made between the representatives of the Passenger and the Travel Organiser in any form and for any reason, during the journey, without the written approval of the Travel Organiser, shall be invalid and shall not be binding for the Travel Organiser and the warranties and performances deriving from any such document shall not give rise to liability of any kind on the part of the Travel Organiser.
2.5 The Travel Organiser bears no liability to enter into contract. The Travel Organiser reserves the right to decline from entering into contract with the Passanger any time without justification.
2.6 The Passenger shall acknowledge and accept that the programmes offered by the Travel Organiser, as being the subject matter of the travel agreement, commence and finish in the given destination (country). Accordingly, the outbound journey takes place individually. Passenger acknowledges and accepts that the purchase of flight tickets is also executed individually, as the Travel Organiser does not sell flight tickets.
3.1 The price of the Travel package (Total Travel Price) requested by the Passenger equals with the amount of both the Participation Fee and the Local Payment, which includes the price of the services rendered by the Travel Organiser, the organisation fee. The Travel Organiser indicates the amount of all the extra fees not included in the Total Travel Price in USD in the Complete Information Leaflet.
3.2 The Travel Organiser shall have the right to raise the Participation Fee payable by the Passenger posteriorly (following the signing of the contract), in the following cases:
3.2.1 Transportation costs (including fuel prices and costs),
3.2.2 Taxes, duties and other contributions (including especially resort taxes, anchoring tax, airport duties, other duties and fees, entrance permits, tolls etc.) unpredictably raise.
3.2.3. The additional cost of exchange rate fluctuations: in those Southeast-Asian countries (Thailand, Malaysia and Singapore) where the financial settlement is based on the local currency of that countries (THB, MYR and SGD) we can guarantee the participation fee above the following rates: 1 USD = 33,24 THB; 1 USD= 4,10 MYR és 1 USD = 1,20 SGD
3.3 The maximum mark-up on one Passenger shall not exceed their relative proportion of the actual total number of Passengers compared to all the surcharges imposed on the Travel Organiser with respect to the particular journey, respectively. The rate of fee increase shall at all times be proportional to the cost increase, and the Travel Organiser shall at all times inform the Passenger about the reason of the increase simultaneously with the notice of fee increase in written form. The Participation Fee payable by the Passanger based on the travel agreement shall not be raised within twenty days prior to the commencement of the journey. In the event of the Participation Fee being increased by more than 8 (eight) percent, the Passenger shall have the right to withdraw from the journey within 5 (five) days following the date of the notice. In the event of more than eight percent increase the parties shall have the right to modify the agreement.
3.4 The price payable by the Passenger (Total Travel Price) and the amount of the advance shall be indicated on the website of the Travel Organiser, moreover, the amount of the advance is included in the notice of payment sent to the Passenger following the application and in the Complete Information Leaflet prior to signing the contract. The amount of the advance, except for this paragraph, shall not exceed 40 % of the Participation Fee, except if the agreement made with the foreign representatives incurs higher expenses which the Travel Organiser is liable to pay, and if the journey commences within 31 (thirty) days. In the latter case the Travel Organiser sends the Passenger the notice of payment about the arrears of the total price payable by the Passenger by mail or in e-mail, and the Passenger shall pay this amount before the deadline set in the notice. With respect to this, if the last day of the pre-payment deadline falls on the 35th day prior to the commencement of the journey, then Passenger shall be liable to pay not only the amount of the advance but, mutatis mutandis, the total participation fee as well, in acknowledgement of the fact that this is the precondition for the contract to come into effect. Parties shall regard the prepayment of the payment obligation by the Passenger as contractual fulfilment and the Travel Organiser shall accept it.
4.1 Passenger shall have the right to cancel the Travel Agreement any time prior to the commencement of the journey in written form by sending a declaration to the Travel Organiser by mail (travel cancellation by Passenger). The cancellation becomes effective on acceptance of the declaration by the Travel Organiser. If the cancellation takes place before the 60th day prior to the commencement of the journey, the Travel Organiser shall have the right to debit 200 (two hundred) USD administration fee in every case from the amount of the advance. If the Passenger cancels the agreement after the 60th day prior to the commencement of the journey, the Passenger shall be liable to pay a certain percentage of the participation fee detailed below by reason of penalty due on the very day of cancellation, or this amount can be debited from the part or total payment of the participation fee, pending on the date of cancellation:
4.2 Travel Organiser reserves the right to request payment for any loss incurred by the cancellation of the Passenger even if the cancellation took place earlier than 60 days prior to the journey. The damages payable can be calculated by any percentage of the total price. The governing deadlines and percentages in this respect will be sent to the Passenger by the Travel Organiser with the Complete Information Leaflet the latest. These modified conditions constitute an inseparable part of the agreement if it is concluded. The Travel Organiser shall inform the Passenger in the respective application forms if nonrefundable items are included in the programme in the event of cancellation.
4.3 Passenger shall have the right to change his application for another journey not later than 60 (sixty) days prior to the journey, of which the Passenger shall inform the Travel Organiser in electronic or in written form. In this case, Travel Organiser shall have the right to debit 200 (two hundred) USD administration fee from the participation fee, except if the right of change was offered by the Travel Organiser.
4.4 No refund will be applicable to the Passenger who cancels the agreement after the commencement of the journey, or who fails to turn up because they have not met the current requirements relevant to the journey (passport, visa, customs, foreign currency, health etc.).
4.5 Travel Organiser shall have the right to cancel the travel agreement not later than 30 days prior to the commencement of the journey in the event of having less than the minimum passenger number necessary for the journey. Travel Organiser shall also have the right for cancellation if external circumstances unforseen at the time of the signing of the contract impede the journey (in case of Force Majeure), and if the implementation of the journey could directly or indirectly endanger the safety and the health of the passengers.
If the Travel Organiser cancels the agreement, the Passenger:
a. shall be entitled to replacement services at the original value or higher, if the Travel Organiser is in a position to render such services. If the replacement service has higher value, the difference in prices shall be imposed on the Passenger, if it has lower value, the Organiser shall reimburse the difference to the Passenger.
b. shall have the right to ask for refund of the total price paid and its interests equivalent to the basic rate of interest applicable on the last day of the previous calendar half year, for the period after the signing of the agreement.
Travel Organiser shall inform Passenger about the cancellation in every case not later than 30 days prior to the commencement of the journey.
4.6 If the Passenger intentionally or with gross negligence endangers or offends with their behaviour the fellow passengers and their peace, health, safety, interests, travelling or the fulfilment of the travel agreement and the programme, and also behaves improperly, then Travel Organiser shall have the right to exclude Passenger from the journey after warning, to cancel the agreement, and Passenger will be liable to make arrangements on his own to travel home. In this case Travel Organiser shall have the right to ask the Passenger for damages.
4.7 No refund will be applicable to the former Passengers in the event of rightful cancellation for any reason prior to the commencement of the journey in connection with the last minute deals executed by the Travel Organiser.
5.1 In the event of Force Majeure or Acts of God, such as war, strike, natural disaster, extreme weather etc., or any abnormal or unforseeable events beyond the Organisers control, which it could not reasonably avoid, including the conduct of a third party irrelevant to the contractual obligations of the travel agreement, due to which the performance of the Travel Organiser can not be flawless or complete, the Travel Organiser shall not be liable for damages, but it will assist the Passenger in mitigating their difficulties. In case of Force Majeure the recommendations issued by the authorities in charge will be governing for the purpose of this agreement.
5.2 Travel Organiser shall be liable for the fulfilment of the services undertaken herein even if it is performed by a representative (carrier, hotel etc.). If the Travel Organisers performance is not in accordance with the contractual obligations, it shall reduce the participation fee proportionately. The Travel Organiser shall reduce the fee if the Passenger has not used any of the services of their own volition or for any reason of their own interest, and if they have informed the Travel Organiser about it at least 30 days before the commencement of the journey. Travel Organiser shall be liable for the losses from the non-performance or non-conforming performance of the travel agreement up to twice the amount of the participation fee.
5.3 Passenger shall without delay inform the tour guide or, in absence, the local service provider about their objections regarding the services and shall have a report of his declaration made, a copy of which shall be handed over to the Passenger, who shall be liable for any loss in case of failure or delay. The Passenger shall hand over the Travel Organiser one copy of the report which includes their objections, in order to proceed with the indemnification arrangements. In absence of a tour guide, if the local service provider has not provided redress, the Passenger shall inform directly the Travel Organiser with whom he has entered into contract.
5.4 Passenger shall make claims for the non-contractual performance (non-conforming, incomplete) after the termination of the journey without delay, or within up to 5 (five) days in written form with the attachment of the report. If the reason for the non-contractual performance is the conduct of the Passenger, the Passenger shall not be entitled to any claims whatsoever, in any other cases the Passenger shall prove the fact of the breach of contract, the damages incurred, and the causal connection between the two, but in this case also the upper limit of the damages or compensation is twice the amount of the Participation Fee. The Travel Organiser shall not reduce the fee if the Passenger has not used a service by their own volition or for any reason within their own interest.
5.5 In the course of the journey the Passenger shall hold direct liability for any damages to any third party.
6.1 If the Travel Organiser wishes to substantially modify the travel conditions after signing the contract, it shall inform the Passenger without delay. The principles under paragraph 4 refer to the price increase, whereas paragraph 5 a-b refer to the legal consequences of cancellation.
6.2 The Passenger shall take health, accidental and luggage insurance for the duration of the journey with an insurance company of their own choice, and the Passenger shall present the policy to the tour guide on the premises of the departure. In case of certain types of journeys the Travel Organiser shall have the right to obligate the Passenger to take special sports insurance (e.g. high mountain trips). If Passenger fails to take the insurance, the Passenger shall be liable for the losses and costs which could reasonably be expected to be recovered based on insurance practices by the insurance company. The prices of the journeys announced by the Travel Organiser do not include, unless otherwise indicated in the Information Leaflet, the fees of the health, accidental and luggage insurance, and the cancellation insurance fee. Travel Organiser gives a review of the insurance policies that can be taken by the Passenger in the Complete Information Leaflet.
6.3 Cancellation insurance: Travel Organiser informs the Passenger that taking the cancellation insurance is not mandatory but suggested. If Passenger requires this, it is their own responsibility.
6.4 Passenger shall not participate in the journey and the programmes included unless their state of health known to them makes it possible, or if they have no such illnesses which could put them to more risk than tolerable when using any of the services during the journey. In the course of the journey the representative of the Travel Organiser gives continuous information about the sources of danger which must be taken into account in order to prevent any damage or harm to the belongings or to the people during the journey, and such information can be solicited any time during the journey. Passenger takes part in the journey at his own risk, and shall be liable to decide whether to use any particural service or not. In consideration of all this, Travel Organiser disclaims any liability for the damages and losses incurred due to lack of prudential and observant behaviour by the Passenger which can be expected with regard to the special nature of the particular journey, or as a consequence of non-conforming conduct toward the respective instructions of the representative of the Travel Organiser.
6.5 Travel Organiser informs the Passenger at least 7 days prior to the commencement of the journey, or if the period of time between signing the contract and the departure is shorter, upon signature, about the way of getting in touch with the representative. The Travel Organiser shall send the Passenger the telephone number of the representative and the exact address of the meeting point with the time. This can be the voucher or an information leaflet.
6.6 Passenger shall be liable for the attendance to, and the protection of their own luggage and hand luggage during the journey, unless the carrier or the acting representative of the service provider has declared acceptance of such luggage for the purpose of holding. The acceptance is proved to the Passenger with a bag tag or the receipt.
6.7 Travel Organiser informs the Passenger on application that the Passenger shall make arrangements about the documents needed for the journey, i. e. the obtainment of the passport, the prospective visa, arrangements about the expiry dates. Passenger shall observe all the current regulations concerning the journey including passport, visa, customs and foreign currency regulations. In case of failure or any violation the Passenger shall be liable for any losses and costs incurred. Passenger shall be liable to guarantee that their passport is valid for 6 more months after returning home. In case of failure or any violation the Passenger shall be liable for any losses and extra costs incurred. If Passenger is not able to participate in the journey due to the violation of law, the Organiser will be entitled to collect the total participation fee from the Passenger.
6.8 Travel Organiser reserves the right to modify the accomodation options within category, and to replace programmes with others of identical value in special cases, provided that the Travel Organiser is compelled to do so by factors beyond its control.
Travel Organiser reserves the right to modify the programme, in special cases, due to technical causes (possible failure of a means of transport), or local conditions (traffic, weather conditions, local feasts).
6.9 Any description of localities, accomodation, carriers and programmes, brochures, leaflets and electronic information which were not issued by the Travel Organiser will be invalid as to the liabilities of the Travel Organiser and as to the fulfilment of the travel agreement, and moreover, neither the Travel Organiser nor its representatives will be held liable for any such data, contents, offers and descriptions from therein; the Travel Organiser shall not be liable for either the part or complete fulfilment of such media.
The parties agree to settle any disputes in connection with the journeys organised by the Travel Organiser by way of mutual agreement. In the lack of agreement parties submit the case to litigation in the Broward County Central Courthouse (Judicial Complex, 201 Southeast 6th Street, Fort Lauderdale, FL 33301) pending the value of the subject matter of the dispute.
Apsara Adventures Corp.