Terms & Conditions
Travel arrangements are subject to German law according to paragraphs 651a et seqq. of the BGB which regulate the legal privity of contract between you, the customer and Gsa Chiletouristik (hereinafter called "Chiletouristik"). Should Chiletouristik act as mediator for other service providers, such as tour operators or airlines, the respective company's travel reegulations apply.
Air travel, domestic flights, air passes: air travel services are services that we have arranged as an agent on your behalf with the airline. Within the confines of the agency contract we are responsible for the efficient handling of travel arrangements, e.g. provision of all relevant information such as flight times, alterations, which could affect travel plans. Your contract partner for air travel is the airline itself. After commencement of your holiday it is your responsibility to get your return travel details confirmed at least 3 days prior to departure; at that time you may learn about possible changes directly from your airline. However, we cannot be held liable for redress measures which may become necessary as a result from such alterations, e.g. when transport/travel connections can no longer be realised. We shall update you on prices, deviating cancellation conditions and other conditions either verbally or in writing.
Flights that have been booked for you are valid for the dates that you requested and that we confirmed, or rather how they appear on your ticket. Possibility to change details only on request. The standard cancellation fee for flight tickets is 50.00 Euro before and 200.00 Euro after the ticket has been issued. Please note that all tariffs demand immediate issuing/payment after a booking has been made. The regulations for admissible free luggage allowance for airplanes depend on the relevant airline, the chosen class and the travel route. Information can be obtained from the travel agency and the airline's website.
Services, tour prices: The extent of our contractual services is contained in our proposal and your travel confirmation. In the unlikely event that circumstances arise that make your booked holiday economically unviable for us at the prices originally agreed - be it because transport, port or airport charges have increased, or because of a change in the existing exchange rate that applies to the relevant arrangements - we will give you the choice of alternative travel arrangements of comparable standard. The offer is non-binding. A price increase after conclusion of contract, however, is only admissible if the period between conclusion of contract and departure date is no less than four months. Should the price increase by more than 5 %, you have the right to cancel without incurring any charges.
There are no charges for advisory and booking services for self-styled journeys within the framework of our brochure.
Travel price protection: Travel arrangements (not applicable for instance for flight-only bookings) are price protected according to paragraph 651k(1)-(3) of the BGB against bankruptcy and insolvency of the organiser. Payments can only be made on delivery of the required breach of warranty voucher - issued by Elvia.
Bookings
Written, verbal or bookings by telephone are considered legally binding.
Payment Terms
On conclusion of contract you shall be liable to
pay a deposit of between 10 to 50 % of the total price,
depending on the relevant provider of services. The
remainder must be paid in full at least 60 days prior
to departure. Please also note that many service providers/operators
demand immediate payment upon reservation. Kindly
inform us one week earlier, if you want to pay and
collect the travel documents from our offices. Where
special contractual obligations between us and our
service providers necessitate earlier bill settlements
in full, you will receive the corresponding travel
documents at the same time. Where our own programme
is concerned, we generally accept your EC-card as
well as Master and Visa cards. All other cases require
prior agreement.
Customer Cancellations, Third-person Stand-Ins
You may cancel your travel arrangement at any time prior to departure. Decisive is the receipt of the cancellation notification by your travel agent/organiser. Notification of cancellation in writing is highly recommended. Any cancellation will incur a charge to reflect the costs incurred by us for travel arrangements and expenses. The calculation of charges will take into consideration any savings that we were able to make and should we be able to make use of the services in any other way we shall reduce the charges further.
Up to the date of departure every member of the booking party may be substituted by a 'third person', as long as you inform us of this change. However, we reserve the right to disallow participation of the proposed person, should he/she not meet the requirements of the tour or if legal or official aspects oppose his/her participation.
Should higher costs not arise in individual cases due to special agreements with our service providers, you may be able to cancel your holiday up to the 30th day before the date of departure; we will then charge 15 % of the total price, or a minimum of 75.00 Euro per person. From the 29th to the 22nd day prior to the date of departure: 20 %, 21st to 11th day: 30 %, from the 10th day: 50 %. After commencement of your holiday (first booked service) no demands for a refund can be made. Please note, the special cancellation fees for special programmes such as cruises, Explora-Hotels etc. On request we will gladly send you details regarding these.
You are at liberty to furnish proof that no damage or an essentially smaller damage arose than the lump sum we claimed.
Liability Limitation
Our liability for contractual liability claims, whether caused through a fault by the service provider itself or our own fault is limited to three times the cost of your travel arrangements - in case of material damage up to a sum of 4,100.00 Euro; if the threefold tour price is higher than this amount, liability for material damage is limited to the sum of the threefold tour price.
Notwithstanding, we shall accept unlimited liability for intent or gross negligence should we be at fault. Liability limitation does not apply to personal injury. As far as we are being held accountable for the faults of a service provider, we accept liability (according to the regulations paragraph 651h section 2 BGB) in case of existing international conventions or legal regulations based upon them, which stipulate the grounds for damage claims, the exclusion or the assertion of damage claims against the service provider, only when these pre-requisites exist.
Insurance
We strongly recommend taking out insurance cover
for cancellation or curtailment, as well as personal
possessions, medical and emergency expenses!
Advice about travel insurance and cover can be obtained
from Chiletouristik.
Obligation to co-operate
Any complaints must be communicated to your local
tour guide - should this not be possible, to us - without
delay! You are obliged to keep potentially arising damages
as low as possible, which is in your own interest, too!
We reserve the right to change catalogue prices. We
cannot be held liable for print errors or errors in
calculations. With the publication of this catalogue
all previous catalogues are no longer valid.
July 2006 edition.
Tour Operator:
GSA Chiletouristik
Neue Kräme 29
60311 Frankfurt
Tel: +49-69-233062
Fax: +49-69-210297029
E-mail: info@chiletouristik.com
Place of jurisdiction: Frankfurt am Main, Germany
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