1. Definitions "We, Us, Our" and related expressions refer to eTour Establishment (hereinafter referred to as “eTour”), a company incorporated under the laws of the Principality of Liechtenstein with its registration number FL-0002.071.852-7 and with its registered address at “Am Bühel 1, 9493 Mauren, Principality of Liechtenstein”. eTour is the holder of a website called www.goredsea.com. “You, your” and related expressions refer to the lead member and all other members of the party named in the booking (in general: “travellers”). "Our Site" means the web site with the address www.goredsea.com. “Suppliers” are business entities providing services such as, but not limited to flights, accommodation, scuba diving, water sports, golf and wellness activities, holiday packages, ground services, excursions and insurance policies. 2. Our Agreement with you These “Terms & Conditions for Bookings of Third Parties Services and Holiday Packages” apply to bookings of services and holiday packages proposed to you by suppliers through www.goredsea.com online booking system or through www.goredsea.com call centre (hereinafter referred to as “call centre”). In such cases we act only as an intermediary agent acting in name and on behalf of the supplier with only the role of mediator. Even if you make a booking through us, the contract will be between the supplier and you and the general travel and contractual terms and conditions of the supplier shall apply. We are not a party to the contractual relationship. By making a booking through our site or our call centre you make an offer to purchase the service or holiday package from the supplier. We are authorized by each supplier to accept your offer on its behalf; this acceptance occurs when we send you a written confirmation of the booking and payment as per below payment policy is received. Once we accept your booking on behalf of our suppliers, a legally binding contract is formed between you and the supplier of the service or holiday package chosen by you. The supplier's general travel and contractual terms and conditions are made available by us to you by means of a link or full text before the booking takes place and they will apply in addition to those set out here. The supplier's terms and conditions may include provisions relating to payment procedures, default, liability, cancellations, changes of bookings and refunds (if available) and any other restrictions. Where there is a conflict between any information on our site and these terms and conditions, these terms and conditions will apply in priority. Where there is a conflict between these terms and conditions and the supplier terms and conditions, the supplier’s one will apply in priority. 3. Liability of eTour We render third-party services to which we make explicit reference in the travel advertisement and travel confirmation. We act as a mediator between you and the supplier and we can not be held responsible for any non-performance of the contract. We assume no liability for the performance of arranged services and/or holiday packages and we provide no guaranty with regard to their quality or fitness as represented. We do not as well supply any guaranty for the availability of services and/or holiday packages. The responsibility lies with the supplier as direct organizer of the services purchased by you. The suppliers providing their services and holiday packages through us are independent contractors and not our agents or our employees. We are not liable for their acts, errors, omissions, representations, warranties, breaches or negligence or for any personal injuries, death, property damage or other damages or expenses resulting therefrom. We have no liability and we will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. We only commit ourselves to a careful choice and control of our suppliers. Incidentally the relevant supplier shall be liable in its own responsibility. 4. Your Obligations You agree to be bound by the following obligations, including without limitation: You must be one of the travellers and you must be 18 years of age or over and have legal capacity. If you make a booking also for other participants, you are responsible to meet their contractual obligations (in particular the payment of the travel price) as well as your obligations. You accept financial responsibility for all transactions made under your name, including without limitation minors (under 18 years old) living with you. You agree to supervise all usage by minors of our site under your name. You warrant that all information you provide about yourself or members of your household shall be true and accurate. 5. Services All our offers proposed to you through our site or our call centre specify all services included in the offer and the name of the supplier. Our agreement incorporates the information on our site relevant to the services you wish to purchase, any written materials we provide to you, our confirmation email or fax and the copy of these booking terms & conditions, which we make available to you following your telephone reservation or which you accept online. All the general information on our site, excluding the above mentioned ones, are provided for purposes of guidance only and may change at any time. In particular, with respect to passports, visas, and vaccination requirements, we do not guarantee that the information are always up to date. Ancillary agreements that change the scope of the contractual services shall require an express confirmation. 6. Bookings Procedures Once the contract is concluded between you and the supplier, you will receive an e-mail confirming and showing the details of your booking. We recommend you to print and keep this confirmation and to have it with you during the whole holiday. The confirmation will also confirm the price of your booking and what is included. If any of the information contained on the confirmation is incorrect or subsequently becomes incorrect please let us know immediately preferably by email or by telephone. Where availability and price cannot be confirmed at the time of your enquiry, bookings are taken subject to confirmation of availability and/or price. If the supplier cannot confirm availability and/or price within maximum 72 hours of your request, we will notify you accordingly and no contract will be concluded. We reserve the right to cancel or modify bookings where it appears that you have engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the bookings contain or resulted from a mistake or error. 7. Pricing The service or holiday price to be paid by you is mentioned with all our offers, either through our site or our call centre. The applicable prices are the prices available at the time of booking. However, they can vary before commencement of travel. The prices valid at the time of booking shall be binding in each case. All rates are quoted in Euros and, unless differently specified, are inclusive of all service charges & taxes. 8. Payment Policy In order to confirm a booking, you must pay to us your service or holiday price by credit card according to the payment policy of the supplier selling to you the service or the holiday package. Prices and availability are not guaranteed until payment is received. Payment can be made by all major credit cards as detailed on our site. Your payments on line are safe. If you prefer not to transmit us your credit card details through the site, please contact our call centre. Further, in an effort to minimise the effects of credit card fraud, we reserve the right to carry out random checks and may request you to either fax or post to us proof of your address and a copy of the credit card and recent statement. We explicitly draw attention to the fact that the electronic booking system automatically takes into account with the booking also the terms of payment of the supplier. You expressly authorise us to debit your credit card in accordance with the holiday supplier conditions without the need for a further request. If you are choosing a service or a holiday package, which is described as “on request” on our site, you will be asked by us about your credit card details. However, we will not charge the price until we are in the possession of a confirmation regarding the availability of the service or holiday package. You are fully aware of this and entitle us expressly to charge your credit card accordingly, if the above mentioned confirmation will be received within the maximum of 72 hours after the request. If it is not possible for us to comply with this time limit, we will ask you again about your consent regarding the charging of your credit card. 9. Cancellation or Modification of Bookings Your right to cancel your service or holiday or modify your booking is determined by the applicable terms and conditions of the supplier. In such cases you must report your intention immediately in written to us. We hold the right to demand that you reimburse us for the payment of all cancellation and amendment fees applied by the supplier. Be advised that the supplier may demand compensation amounting up to 100% of the price regardless of the timing of the cancellation. We will credit or debit your credit card account the difference (if any) between what you have already paid and the sum due to the supplier. Consequently we strongly recommend taking out, if not included in the service or holiday package booked by you, a travel cancellation insurance. 10. Changes in Prices and/or Services Insofar as we operate as an intermediary, we draw to your attention that, due to internationally valid rights reserved by suppliers, some changes in prices and/or services may be done by the supplier. Your right to accept such changes and the supplier’s right to make them are determined by the applicable terms and conditions of the supplier. In the event of such occurrences, you may not cancel the agreement with us free of charge. Likewise, no claim arises against us for the reimbursement of additional costs incurred; rather, any claims you may have shall be against the supplier involved. 11. Travel Documents In case of flight only or holiday packages, the relevant supplier (airline or tour operator) is responsible for providing you with tickets and other travel documents. They will either be mailed to your address or supplied at the departure airport. We coordinate with each supplier and advise you with your booking confirmation about which way will be applicable to your case. We only act as an intermediary. In case of any other single services, booking confirmation will be sent to you by email with the relevant travel information required. 12. Passport, Visa, Customs, Currency and Health Regulations You shall be responsible for compliance with all regulations concerning immigration issues (passport control and visas), customs issues as well as currency and health regulations. All losses due to non-compliance with these regulations shall be at your expense even if these regulations are changed after the booking. Please ensure also that the name on your travelling identity documents (passport or, when applicable, identity card) matches the name on your ticket. If you fail to do so, carriage may be denied. 13. Insurance Travel cancellation expenses insurance, luggage insurance, traveller's accident insurance and travel health insurance are strongly recommended. In case of holiday packages, please be aware that each holiday supplier has different policies concerning the above insurances; some include them in the package price, some include only the health insurance, some do not include any travel insurance. We suggest you to carefully check what is exactly included in your chosen holiday package. In case the travel insurance is not or is only partially included, you could opt to take the required insurance through us; in such a case your contract will be with the relevant insurance provider and we act as an intermediary. 14. Privacy Policy You have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You agree to the use of personal information by us and our affiliates or third party suppliers in accordance with the terms of and for the purposes set forth in our Privacy Policy. Use of your personal information will in all cases be with your consent and subject to any rights you may have as a data subject under the Liechtenstein Data Protection Act (DSG), LGBl. 2002 Nr. 55, as amended from time to time. For additional please click here. 15. Ineffectiveness of individual provisions The ineffectiveness of individual provisions of the travel agreement shall not result in the ineffectiveness of the whole bookings Terms and Conditions. Promises made by the booking office beyond our published offers shall be ineffective. 16. Choice of Law and Venue The laws of the Principality of Liechtenstein shall apply to these general travel and contractual terms and conditions and the travel agreement concluded between you and us. Any action shall either be brought in a court of competent jurisdiction in 9490 Vaduz, Principality of Liechtenstein, where we have our registered office or in the place of your residence or domicile. |