VOSAIO TRAVEL – GROUP TERMS AND CONDITIONS FOR ALL CLIENTS
The terms and conditions below apply to all Vosaio Group Bookings and Tours and clients.
Following references to VOSAIO Travel relate to VOSAIO Travel Limited.
HOTEL ACCOMMODATION.
• If we are not able to book your requested hotel and provided that you have not instructed us in writing to the contrary, we will confirm an alternative hotel. It is your responsibility to cancel or amend such alternative reservation if you do not approve it. Failure to cancel an alternative that is not acceptable will result in non-arrival charges.
• Should any accommodation be agreed under own arrangement, it is the responsibility of the tour operator to try and book the LDC driver at the same hotel as the group. Should the driver not be booked at the same property, the tour leader must adjust itinerary timings in order to keep within the EC LDC regulations.
• VOSAIO is not responsible for passengers personal belongings. It is the responsibility of the our leader or passengers to ensure that all personal belongings are safe at all times.
• A large number of hotels in Europe are not air-conditioned. A supplement may need to be charged if air-conditioning is deemed necessary.
• At some destinations it may not be possible to confirm twin rooms with separate beds. VOSAIO reserves the right provide Novotel style twin rooms or German twins whenever standard twins are not available.
• Our single supplement is valid for maximum 4 single rooms for leisure groups only. An additional single or DSU supplement may apply if more single rooms are required.
• If breakfast is required before 07:00 am, a supplement of EUR 6.00 PP will be charged for boxed Continental breakfast.
• Our proposal is based on group breakfast which could be served in a private or separate room. FIT breakfast can be requested but may incur a supplement charge.
• Please note that city tax in Italy is never included and must be paid directly to the hotel upon-check-in. Please check the itinerary if city tax in other countries/cities is included or must be paid directly by the tour leader on the spot.
• In case the tour leader departs the hotel without paying the city tax, the tour operator will be liable to pay these charges after completion of the tour.
• Porterage is not included unless stated in inclusions and in the itinerary.
• Our offer is based on the above mentioned hotel(s) examples. Should these not be available at the time of booking, VOSAIO reserves the right to provide alternative properties of the same category and similar standard.
• Our prices are valid for non-fair periods only. Should the group arrive during a trade fair or high demand period, VOSAIO reserves the right to accommodate the tour at a 2-4 star hotel up to 150km from its original location or advise a supplement charge.
• Many larger cities during the New Year period require a minimum stay of 2-3 nights. Please try to take this into consideration when planning the itinerary in order to avoid a supplement.
• Please note that European hotels usually impose a 28 days cancellation deadline and may charge if rooms are cancelled after that date.
• Special requests to hotels such as non-smoking, adjoining or interconnecting rooms cannot be guaranteed.
• We cannot guarantee that handicap accessible rooms will provide sufficient access in all cases and it is solely your responsibility to confirm any such accessibility needs independently.
• We shall not have any liability nor will we be required to pay any refunds or damages in the event that a hotel is undergoing renovations or other repairs, or if the same extend beyond a date originally advised.
• Bookings must not be made with fictitious names. If you do provide incorrect information in connection a Group Booking you may incur non-arrival charges and other fees.
• Check-in and check-out times shall be in accordance with each hotel’s policy, as the same may be in effect from time to time, and we make no representations and shall have no liability in respect thereof.
• It is your responsibility to confirm the number and size of beds provided by hotels in triple and quad rooms and we shall have no liability in respect thereof.
LOCAL GUIDES AND/OR TOUR MANAGERS.
• Requests for non-English speaking local guides and/or Tour managers will be met subject to availability. We reserve the right to confirm local guides and/or Tour managers who speak English or who speak the next most appropriate language suited to the Group members in the Tour Group, as determined in our reasonable discretion.
• Requests for bilingual local guides and/or Tour operators will be met subject to availability, and a additional charges may apply.
CRUISE/RAIL.
• We do not control or operate any shipping or rail company. The operating carrier or transport company’s own “Conditions of Carriage” or similar terms may apply to your Group members for such Tour Services. When your Group members travel by air, sea or rail, their journey may also be subject to certain international conventions such as, but not limited to, the Warsaw Convention and Montreal Convention (in respect of international carriage by air), the Athens Convention (in respect of international carriage by sea) or COTIF (The Convention Concerning International Carriage by Rail), as such conventions are amended or re-enacted from time to time (the “Conventions“). You are responsible for ensuring your Group members are aware and agree to be bound by the terms and conditions and limits of liability contained within these International Conventions and the operating carrier or transport company’s own “Conditions of Carriage” or contract, and you shall indemnify us for any loss or expense caused as a result of your failure to do so. We shall bear no liability in respect of the services of such providers, including as they relate to baggage transportation and handling.
• Information on the ticket is deemed correct. It is your responsibility to check the air/cruise /rail tickets and other documents of your Group members immediately upon receipt. If any details are incorrect you must advise us immediately. Failure to do so may result in the inability to use the same and we shall have no liability or provide refunds in respect thereof.
• Please note that a flight described in your flight ticket as “direct” will not necessarily be non-stop.
• All departure/arrival times on your flight ticket are provided by the airlines concerned and are estimates only. They may change due to air traffic control restrictions, security concerns, weather conditions, operational/maintenance requirements and the requirement for passengers to check in on time.
• We are not liable if there is any change to a departure/arrival time previously given to you or shown on your ticket. It is for this reason that you are required to reconfirm your flights with the airline in accordance with the airline’s applicable reconfirmation deadline.
• We are unable to make any special arrangements for you if you are delayed; these matters are at the sole discretion of the airline or transport operator concerned.
• Please note that where a sector of a flight itinerary is not utilised without contacting the carrier directly any remaining sectors may be subject to cancellation without further notification. Where this situation arises, we are unable to accept responsibility for any costs incurred.
MOTOR COACHES:
• All the motor coaches used by VOSAIO Travel for the tours listed in this offer are independently owned and operated by various companies throughout Europe, and not by VOSAIO Travel.
• Our prices for 15-20 pax price brackets are based on medium sized coaches (25-35 seats). Should you require a full size coach for a group below 25 pax, please advise at go ahead state and a supplement may apply.
• The standard large coach size in Europe is considered 49 seats. Should you require more than 49-seats, please advise at go ahead stage and a supplement may apply.
• VOSAIO is not responsible for passengers personal belongings. It is the responsibility of the our leader or passengers to ensure that all personal belongings are safe at all times.
• All LDC and coach services will be provided according to EC regulations. The tour leader must be made aware before departure that VOSAIO will not be liable for any penalty charges arising as a result of the tour leader not abiding by the regulations.
• All transport services are based on fuel prices as the Quotation document page. VOSAIO reserves the right to charge a fuel surcharge in case the cost of fuel increases by more than 5%.
• The availability of local coach and guide services may be affected during fair and high demand periods and supplements may be necessary. VOSAIO will advise of any supplements after the go ahead of the tour.
• Tips to the driver are compulsory and deductions are not permitted unless agreed in advance with VOSAIO. Minimum tip is EUR 2 per person per day. For groups below 25 pax, the minimum compulsory tip payable to the driver is EUR 50 per day.
• The coach company reserves the right to charge overtime directly to the group if the driving hours go beyond the timings in the final itinerary. Standard overtime charge is EUR 50 per hour (Europe), GBP 50 per hour (UK) and CHF 60 per hour (Switzerland).
• All itinerary timings are subject to local road conditions.
TOUR CANCELLATIONS AND AMENDMENTS:
• All cancellations of Tours must be notified to us in writing. The cancellation date will be deemed to be the date on which we receive the notification in writing. Wherever possible we will negotiate with hotels and other suppliers of Travel Services to reduce the cancellation charges which in any event will be borne by you.
• A Tour cancelled before 12.30pm GMT twenty eight (28) days or more before the starting date of such Tour will not incur a cancellation charge unless you have been specifically advised of charges that may apply to cancellations before this time.
• Tours cancelled by you between twenty eight (28) days and ten (10) days before the starting date of such Tour may incur a cancellation charge equal to the amount of cancellation charges we are charged by our suppliers in connection with such Tour.
• You may be charged in full for cancellations made after 12.30pm GMT ten (10) days or less before the starting date of the Tour.
• Tours during trade fair periods may be subject to more stringent cancellation policies and you will be advised of these prior to the Tour.
• Any reduction in the number of Group members travelling on a Tour must be notified to us immediately in writing. While we endeavour to negotiate with suppliers to reduce cancellation charges, we reserve the right to pass on to you any cancellation charges charged to us by our suppliers.
• No refunds will be made if a Group member leaves a Tour for any reason whatsoever, whether voluntarily or otherwise, after the Tour has begun. Additionally, no refunds will be made for any accommodation, transport, sightseeing, meals or services reserved but not utilised.
• Should you wish to alter a Tour whilst such Tour is in progress in any way we shall not be liable to you for any costs, loss, claims, expenses, or damage that occurs during or as a result of any alternative arrangements you make.
• In circumstances where we consider it is necessary, in our discretion, to amend an itinerary (e.g., due to local conditions), we may do so by shortening, varying or completely rerouting any trip or modifying such other Travel Service, in which case both parties will cooperate to accommodate the changes and resolve any problems.
BAGGAGE:
Baggage is at the owner’s risk throughout the tours. VOSAIO Travel strongly recommends that passengers be encouraged to obtain insurance coverage prior to participation.
PACKAGES AND LINKED TRAVEL ARRANGEMENTS:
• All prices listed are net to VOSAIO Travel and are non-commissionable. They are subject to confirmation when requests and deposits are received. All prices are subject to change at the option of VOSAIO Travel in the event that currency exchange rates alter prior to the departure of the selected tour or city package(s). Retail prices shall be determined solely by the buyer (tour operator) and not by VOSAIO Travel. Tours are subject to space availability on the dates selected by the buyer and may not be available for groups of fewer than fifteen (15) persons.
• Our Quotation document package prices are based on exchange rates as per the date of our quotation document. In case of currency and tax fluctuations of more than 3%, VOSAIO reserves the right to adjust prices accordingly.
• In case of an increase of VAT or government taxes, VOSAIO reserves the right to adjust any pricing or quotation accordingly.
• Prices for products and services are based on the date of the first quotation. Should prices rise by more than 2% due to inflation, VOSAIO reserves the right to increase rates accordingly.
• Our prices are valid for leisure groups only. Should the group be of an Incentive or Corporate nature, VOSAIO needs to be advised at quotation stage.
• Please note that a supplement may be charged for late go aheads within 20 working days prior to arrival.
• The free place applies to the room type mentioned above. Should the free place be shown in the a single room, but the group only consists of twin/double rooms, the free place will be given in twin/double only and the single supplement will not be refundable.
• Our series quotations are based on weekday services. If any service takes place on a weekend or public holiday, supplements may apply for guide, assistant or local coach services.
• If the Directive applies, and you offer to Travellers Travel Services that may constitute either Linked Travel Arrangements or Packages, you will incorporate in your agreements with Travellers (i) clauses specifying that, in certain circumstances, what they are buying is not a Package; and (ii) clauses explaining the circumstances under which the Travel Services will be considered to be Packages. Below are examples of clauses that can be incorporated.
• a.If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company, you will NOT benefit from rights applying to packages under the national laws transposing Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements (“Directive”). In case of problems, please contact the relevant service provider.
• b.If after selecting and paying for one travel service, you book any additional travel services during the same visit to our website, the travel services will become part of a linked travel arrangement. In that case, you will benefit from the rights applying to linked travel arrangements under the Directive. In case of problems, please contact the relevant service provider. More information on the key rights under the Directive can be found here(under ANNEX II).
• c.If you selected and payed for two travel services during one visit to our website, then the services you purchased will become a package under the Directive, and consequently, you will benefit from the rights applying to packages under said Directive. More information on the key rights under Directive can be found here(under ANNEX I, part A).
• The suggested clauses outlined herein are provided for the sake of illustration. It is your sole responsibility to review the Directive and ensure that you provide Travellers with all the information necessary to understand (i) that what they are buying might not be a Package; and (ii) under what circumstances what they are buying might not be a Package.
CHANGES TO PACKAGES:
• 2 reserves the right to unilaterally change the terms of a Package that is combined by G2 and offered to Travellers by you, in line with Articles 10 and 11 of the Directive. Such changes must occur before the start of the Package, and may occur after the conclusion of respective Package contract. You represent and warrant that you will clearly mention in your agreements with Travellers that G2 has the ability to change the terms of Packages, including their prices, in line with Articles 10 and 11 of the Directive. If G2 decides to make changes to a Package, it will inform you of such changes by sending a notice.
• If, in line with Article 10 of the Directive, G2 decides to change the price of a Package, it will undertake to notify you of the price change, and the reasons for the price change, in a manner that would allow you to satisfy any required timeframes for such a notice. In such a case, you will be required to send such information to Travellers, by sending a notice to the e-mail address they provided in the course of the booking, within the timeframes required by the applicable laws (under the Directive, for example, the required timeframe is 20 days before the start of the Package).
COMPLAINTS:
• Any complaint regarding the supply of a services should be brought to attention of VOSAIO as early as possible. Any complaints received after 1 month of the date of service will not be investigated.
• Any complaint regarding the supply of a Travel Service should be brought to the attention of the accommodation or service provider and to us as early as possible during the Group member’s stay. All complaints if not resolved should be notified to us in writing, including by email, within 1 month of the date of service. Any complaints which have not been so notified to us shall be deemed waived to fullest extent permitted by applicable law.
DEFINITIONS:
“Group” means fifteen (15) or more adult participants – unless otherwise agreed.
“Quotation Document” means the offer document we provide to you containing the details and the price/package of the Tour(s) that we proposed to book to you.
“Travel Service/s” means one or more of the following services: accommodation, transport, tour manager, assistants, ferries, guides, entrances, restaurants or tourist attractions or any other services provided by us during the tour.
“Tour” is the specific combination of Travel Service/s confirmed by you for a Group Booking.
“we” and “us”, “our” and “G2” mean VOSAIO Travel Ltd.
“you”, “your” and “yours” mean you, the agent/client, the undersigned.
• Requests for Group Bookings are to be made by you to our staff by e-mail only.
• Once we receive your request, we will provide you with an initial Quotation Document containing details and the price of the Tour that we propose to provide to you. The Quotation Document may be supplemented in writing by us to include any additional terms and conditions required by our external suppliers. These additional terms and conditions shall be binding on you if you accept the proposal in a Quotation Document as set forth below.
• Each Quotation Document shall be treated as an offer to enter into a legally binding contract for the purchase of the Travel Services set forth therein and any additional terms and conditions contained within. Unless otherwise stated, the Travel Services are offered subject to availability. It is your responsibility to read and ensure that you can comply with the terms and conditions contained within the Offer Document and any additional terms and conditions set forth therein.
• You shall be responsible for ensuring that all Group members review and agree to the terms set forth in the applicable Quotation Document prior to entering into any binding agreements in respect of the same.
• You shall strictly comply with any legislation relating to packaged travel services, including legislation adopted in respect of the EU Package Travel Directive (“Directive“), that applies to the Travel Services under applicable law.
• You may indicate your acceptance of the terms set forth in a Quotation Document by notifying us in writing no later than the offer validity deadline set forth therein. Prior to such acceptance we may rescind or otherwise modify the terms of the Offer Document in our sole discretion. Vosaio Travel shall be under no obligation to take any action in respect of a Tour proposed in an Quotation Document prior to such offer being so accepted.
• Unless otherwise agreed, our rates are not valid for trade shows, corporate groups, incentive groups or any other Group that has a primary purpose other than tourism.
• See Appendix A attached hereto for additional terms and conditions applicable to Group Bookings.
VISAS.
• It is your responsibility to ensure all Group members on the Tour carry a valid passport and appropriate visa(s) and other travelling documentation.
• We will process, upon request, visa or invitation letters for short stay tourism visas for a fee. Please advise us of your visa letter requirements when making a request for a Group Booking. The fee is payable even if the Tour is later cancelled and regardless of the reason for the cancellation. Any change requiring the issuance of additional letters shall be subject to additional fees.
• Visa and invitation letters are issued on the understanding that Group members will stay in the hotel(s) booked and return home after the Tour. We reserve the right to refuse to provide such letters if we believe that they are being requested solely as a means of providing entry into a country for Tour passengers.
• We shall have no liability for the processing or issuing of visas or invitation letters.
PRE-PAYMENT TERMS AND CHARGES.
• Payment must be made by you 5 weeks prior to the date of the Tour departure unless otherwise specified any separate payment agreement agreed to by us. Payment must be made in the quoted currency by bank draft or bank transfer to a bank account notified to you. Payment in a different currency may only be made with our prior consent at an exchange rate specified by us. We do not accept other forms of payment, including company cheques or credit cards.
• All costs for hotel related extras (i.e., goods or services not expressly set forth in the applicable Offer Document) incurred by your clients must be paid directly by you or your Group members to the hotel before departure. We shall not be responsible for hotel charges in respect of discretionary services incurred by Group members.
• Any damage caused by a Group member in a hotel is the responsibility of such Group member and charges for such damage must be paid by the same prior to departure from such hotel.
• Special Groups such as trade fair, large, or incentive groups may be subject to different payment terms and conditions. We shall notify you of these separately and these terms and conditions shall prevail over the provisions under clause 1.
• Without derogating from the terms of clause 4, we reserve the right to adjust a Tour price stated in an Offering Document at any time before receipt of your payment as a result of any of the following: trade fairs, a greater than 3% change in the relevant currency rates, changes in government taxation, or other matters outside our control.
• All payments for Tours are due and payable without discount, set-off or other claim you may have against us. We shall receive the full amount of any payment due hereunder and you shall be responsible for any bank charges, currency conversion costs and similar expenses, if any. If there is any item of dispute arising out of or in connection with any invoice full details of the dispute must be made known to us in writing within 21 days of the date of issue of the disputed invoice(s). Money owing to us may not be withheld by you pending the resolution of a dispute or claim of credit owing to you. Invoicing queries must be raised not more than one month after the completion of the Tour.
If payment is not received upon the due date in accordance with these conditions, and no alternative arrangement has been agreed by us, we reserve the right to:
1. cancel your Tour(s) and rescind any or all Quotation Documents;
2. refuse to supply you with future Group Bookings or specific Travel Services;
3. terminate with immediate effect any or all contracts with you at our discretion, including with respect to Tours that have been paid for but have not yet commenced;
4. demand prepayment for existing Group Bookings as a condition to not cancelling the same;
5. cancel any reservation being held on your behalf;
6. charge interest on a daily basis at a rate of seven percent (7%) per annum calculated on the total amount of each outstanding invoice from the date of issue, until the date of payment
(together with all costs (legal or otherwise) and expenses incurred by us or on our behalf in the collection of any overdue amount.
CREDIT FACILITIES.
We may agree, in our sole discretion, to provide you with a credit line (subject to a credit limit), as set forth in separate documentation to be agreed between us. We may, in our sole discretion, increase or decrease the credit limit or revoke the credit line upon seven (7) days’ notice. Any sums owing to us in respect of invoices issued (even if not due and payable) in excess of such credit limit shall be paid within three (3) business days by you. If you fail to pay any outstanding sums, we may cancel your Group Bookings.
Clauses 6, 4.7 and 4.8 above shall also apply to amounts owed to us by you in respect of credit we extend to you.
CANCELLATION.
See: terms and conditions governing cancellations of Group Bookings.
TERMINATION.
If you:
1. fail to pay any sum due to us;
2. breach any of your obligations and, provided such breach is not material, fail to cure such breach within seven (7) days of receiving notice from us specifying the breach;
3. are a party to any financing arrangement that becomes due and payable due to acceleration;
4. become subject to a legal proceeding (or related legal proceedings) which in our sole discretion may affect your performance hereunder;
5. go into compulsory or voluntary liquidation;
6. enter into any negotiations with creditors in respect of your debt;
7. have an administrator appointed or a receiver, administrative receiver or manager is appointed over any part of your assets or business;
8. become subject to any other proceedings that are governed by applicable bankruptcy or corporate rehabilitation law;
9. cease or threaten to cease your business; or
10. become subject to any similar circumstances under applicable bankruptcy or corporate rehabilitation law,
Then, in each case, without affecting our other rights under this agreement, we may terminate this agreement effective immediately upon notice and any outstanding amounts or credit owed to us shall become immediately due and payable.
• Unless you notify us otherwise in writing within 30 calendar days of receipt of these terms and conditions, this agreement shall take effect for the period commencing on the date we receive a request made by you in respect of a Group Booking as set forth herein and ending on the annual anniversary hereof; provided that this agreement shall renew automatically for additional one (1) year periods unless either party delivers a termination notice no later than thirty (30) days prior to the end of the then current term.
• Except as expressly provided in this agreement, following the termination of this agreement, we will have no further obligations to you.
• Termination of this agreement will not affect any rights, remedies or obligations of the parties that have accrued or become due prior to termination; provided, that upon receipt or delivery of notice of termination hereunder, we will be entitled to rescind any Offer Document and cancel any Group Booking for which we have not received full payment from you.
• Upon termination of this agreement, you will remain liable for all unpaid sums in respect of Group Bookings.
• Upon delivering a notice of termination pursuant to section 1, you shall no longer be entitled to book new Group Bookings , notwithstanding that this agreement is still in effect.
RESTRICTED INFORMATION.
• All information (including text and images) displayed in the Quotation Document, any material provided to you by us or by any of our affiliated companies or other information to which you gain access as a result of being a party to this agreement and our business relationship, including any intellectual property, proprietary technology, trade secrets and know-how, in any form, shall in each case remain our (or our affiliated companies’) property and you will acquire no rights therein other than the right to use such information as set forth herein. You shall keep all such material strictly confidential, may not copy any such information or disclose the same to any third party without our prior written permission or use the same for purposes other than conducting business with us.
• You shall be responsible for the compliance of your employees with the obligations set forth under this Article 8.
• Under no circumstances may you disclose prices or rates or any information relating to them or these terms and conditions to anyone who is not a member/or employee of your agency or company. We reserve the right to cancel all Tours and terminate with immediate effect all contracts without prior notice to you, should you be in breach of the terms of this provision.
• You may not use our name or logo or any of our trademarks or any merchandising without our prior written approval.
• You shall not misrepresent your relationship with us in such a way that it could be construed that your business is in some way a part of, or affiliated with, our business or our affiliated companies.
STATUS OF VOSAIO TRAVEL:
• The buyers of the tours described in this offer will act as the tour operators. Air transportation and all promotion and brochures will be the responsibility of the tour operators. The accuracy of all written, photographic and pictorial representation in all tour literature and other solicitation material are the responsibility of the tour operator. Tour operators may not use the VOSAIO Travel name or any of its service-marks trademarks without the prior written approval of VOSAIO Travel. In no event will VOSAIO Travel or any of its associated companies act as tour operator.
LIABILITY AND INDEMNITY.
• You, on behalf of yourself and your affiliates, owners, officers, directors, employees, agents, advisors, contractors and subcontractors (each, an “Indemnifying Party“), hereby agree to protect, defend, indemnify and hold harmless Vosaio TRavel, and its affiliates, officers, directors, shareholders, members, agents, advisors and employees from and against any and all claims, demands, damages, losses (including, direct, indirect or consequential damages or losses), costs or expenses (including cancellation fees), of any nature whatsoever (including third party claims), including court costs and attorneys’ fees, arising directly or indirectly from or out of:
1.1 any breach by an Indemnifying Party of any of its representations, warranties or obligations hereunder or its negligence or wilful misconduct;
1.2 the acts and omissions of an Indemnifying Party in connection with this agreement, including defaults hereunder and providing incorrect or incomplete information in respect of Group Bookings;
1.3 damages, losses, or expenses of Group members; and
1.4 the acts or omissions of Group members in respect of a Tour.
• We shall provide you with prompt written notice of any claim and you shall be required to pay us any indemnification amounts within thirty (30) days of such notice; provided, that the failure to notify you shall not affect your indemnity obligations except to the extent you are materially prejudiced by our failure to provide such notice.
• It is acknowledged and agreed that (i) we act only as an intermediary in reserving or arranging for hotels, transportation (including but not limited to coach, cruise and rail services) or any other Travel Services, (ii) we shall not be liable in any way to you or to any third parties should any information with respect to hotels or other Travel Services proves to be inaccurate, incomplete or misleading in any way, which such information is provided as a courtesy and without representation or warranty and (iii) we are not liable for personal injury, illness, property damage or other loss or expense of any nature whatsoever arising directly or indirectly out of any actions of hotels, transportation company or other suppliers providing services or Travel Services reserved through us. For the avoidance of doubt, Vosaio Travel shall have no liability under the Directive or any legislation adopted in respect thereof, whether as an organiser of a package or any other capacity.
• All warranties, conditions and other terms implied by statute or common law (except the conditions implied by section 12 Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from this agreement.
• Neither Vosaio Travel nor our affiliates shall be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise (in each case whether direct, indirect or consequential) or any claims for consequential compensation whatsoever and however caused which arise out of or in connection with this agreement.
• In no event will our liability to you, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, with respect to a Group Booking exceed an amount equal to the charges due to be paid by you in respect of such Group Booking.
COMPLIANCE WITH CERTAIN LAWS.
• You represent, warrant and undertake that you have and will comply in all respects with all applicable laws and regulations, international trade norms, applicable restrictions on trade, funds flow, terrorism financing, anti-money laundering and bribery and corruption prevention legislation, including, but not limited to, the UK Bribery Act 2010 and the Directive, to the extent applicable. With respect to the latter, to the extent not prohibited by applicable laws, you further represent and warrant that (i) you have the sole responsibility for providing end customers (“Travellers” under the Directive) with all the pre-contractual information required pursuant to Chapter II of the Directive; (ii) because VOSAIO Travel is established outside the European Economic Area, you have the sole responsibility for complying with all the provisions and obligations related to the performance of the Travel Services, pursuant to Chapter IV of the Directive, and to insolvency protection, pursuant to Chapter V of the Directive; (iii) if the Travel Services offered by you to Travellers may constitute either “Linked Travel Arrangements” or “Packages” (as these terms are defined under the Directive), you will (a) provide clear information to Travellers specifying that, in certain circumstances, what they are buying is not a Package and that consequently, they will not benefit from the rights applying to Packages under the Directive; and (b) incorporate clauses in your agreements with Travellers describing under what circumstances the Travel Services that Travellers are buying from you constitute a Package (in line with Appendix B); and (iv) you will incorporate in your agreements with Travellers information related to changes to Packages (Chapter III of the Directive), in line with Appendix C.
• You shall immediately notify us (in writing) if a foreign public official becomes an officer or employee of you and/or an Associated Party of yours or acquires a direct or indirect interest in you and/or such Associated Parties. You warrant that you have no foreign public officials as officers, employees or direct or indirect owners at the date of this agreement.
• You warrant that to the best of your knowledge, neither you nor your Associated Parties have been convicted of an offence involving bribery or corruption or are subject of any investigation by any governmental, administrative or regulatory bodies.
For the purposes of this clause:
“Associated Parties” means a person (including an officer, employee, shareholder, representative, agent, contractor, subcontractor or subsidiary) or other third parties connected to a party by virtue of actions undertaken in fulfilment of obligations in this agreement.
“Sanctions” means any laws, regulations, orders or licenses relating to economic or financial sanctions or trade embargoes or related restrictive measures imposed, administered or enforced from time to time by any authority.
You shall provide supporting evidence of such compliance as we shall reasonably request. Violation of this clause by you shall be a material breach of this agreement.
FORCE MAJEURE.
We shall not be liable to you for any loss, additional costs or expenses connected with our inability to fulfil our obligations by reason of any force majeure event, including but not limited to fire, earthquake, flood, bad weather, epidemic, explosion, strikes, riot, act of terrorism, civil disturbance, war, act of God or any failure or delay of any transportation, power or communications system. For the avoidance of doubt, force majeure events may include disruptions caused by the COVID-19 pandemic. In such event, we shall use our reasonable endeavours to provide alternative arrangements or refund any sums paid.
RESPONSIBILITY (ALL TOURS):
The responsibility of VOSAIO Travel is strictly limited. As a ground operator, VOSAIO Travel compiles certain travel services, including, but not limited to, surface transportation, sightseeing excursions and hotel accommodations which VOSAIO Travel purchases or reserves from various suppliers. The suppliers providing travel services for the tour programs are independent contractors and are not agents or employees of VOSAIO Travel or any associated company. To the extent that VOSAIO Travel is involved in the sale of air transportation to you, VOSAIO Travel acts as an agent of the air carrier.
VOSAIO Travel is not responsible for the wilful or negligent acts and/or omissions of these independent contractors or any air carrier, their employees, agents, servants or representatives including, without limitation, their failure to deliver or their partial or inadequate delivery of travel services. All coupons, receipts and tickets are issued subject to the terms and conditions specified by the suppliers and/or air carriers. By utilising the travel services of the suppliers, you agree that neither VOSAIO Travel nor any associated company or representative shall be liable for any accident, injury, property damage or personal loss to your clients or to those travelling with them in connection with any accommodations, transportation or other travel services or resulting directly or indirectly from any occurrences or conditions beyond its control, including, but not limited to, acts of terrorism, defects in vehicles, breakdown in equipment, strikes, theft, delay or cancellation of or changes in itinerary or schedules.
These tour programs are usually planned a year or more in advance. Between planning time and the actual tour operation, VOSAIO Travel constantly strives to improve each itinerary. If improvements can be made or unforeseen conditions beyond our control deem necessary changes, we reserve the right to vary itineraries and substitute facilities of equivalent or better value. If substitutions are at a lower cost, a refund will be made when your clients return home. Any additional costs necessitated by such changes are your responsibility. Remember that all travel documents, as well as compliance with customs regulations are also your responsibility. The payment of the required deposit or any partial or full payment for a reservation on a tour constitutes consent to all provisions of the conditions and general information contained in this document. The terms under which you agree to take these tours cannot be changed or amended except in writing, signed by an authorised officer or agent of VOSAIO Travel or its associated companies.
GENERAL:
• All contracts between us shall be governed and construed in accordance with English law and under the exclusive jurisdiction of the English Courts except to the extent that we invoke the jurisdiction of Courts of another country.
• The failure by either party to exercise, or a delay in exercising, a right or remedy under these Terms and Conditions shall not constitute a waiver of the right or remedy, or a waiver of any other rights or remedies.
• We will be entitled to set off any liability of ours and/or our affiliates to you or your affiliates against any liability of yours or your affiliates to us and/or our affiliates, in either case whether the liability is present or future, liquidated or unliquidated and irrespective of the currency of its denomination. We may convert or exchange any currency for the purpose of exercising its right of set-off hereunder. Any exercise by us and/or our affiliates of our rights hereunder will be without prejudice to any other rights or remedies available to us and/or our affiliates under this agreement or otherwise.
• This agreement, and the documents referred to in it, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this agreement.
• If any provision of this agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this agreement or the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this agreement.
• Any notice or other communication given under this agreement must be in writing and sent by recorded post, or transmitted by fax or email to the relevant party’s address as last notified by the applicable party. Any notice or other communication shall be deemed to have been duly delivered (i) in the case of delivery by way of a registered service, on the date of delivery confirmed by such registered service, and (ii) in the case of fax or email, on the day the same is received.
• We reserve the right to provide the services and fulfil our obligations hereunder through our affiliated companies or third party service providers.
• You may not assign your rights or obligations hereunder without our prior written consent.
• We may assign, transfer or provide a security interest in our rights hereunder or in any amounts owing by you to us hereunder.
• The terms hereof may be amended or otherwise amended by the written agreement between the parties; provided that we shall have the right to amend or otherwise modify the terms hereof in such form posted on this website and the same shall be binding on you (i) if such amendments or modifications are administrative or technical in nature, immediately and without the need for any further action or your consent and (ii) if such amendments or modifications are not administrative or technical in nature, upon the date that is fourteen (14) days after we notify you of such amendments or modifications by email, unless you notify us to the contrary in writing prior thereto.
PRIVACY & DATA PROTECTION:
Full details on: https://www.vosaio.com/privacy-policy
CONTACT US:
If you have any questions, please contact your Vosaio representative or email us: info@vosaio.com
2015 & 2018 – The Queen's Awards for Enterprise International Trade