General Contract Conditions (GCC) of Samui Beach Travel Ltd liab. Co
Contract: With an implicit confirmation of a booking either by letter, telephone or personal consultancy a contract between the client and Samui Beach Travel Ltd liab. Co has been achieved. Relying on this contract all derived general contract conditions are applicable. By paying the outstanding invoice the client testifies the acknowledgment and receipt of the content of these general contract conditions. These GCC are applicable also for involved third parties, for their benefit this journey has been booked. The booking person is responsible for all payments of all meanwhile activated services as well annulation costs. When trips or single bookings of other organizers are used, we then act as agents and then their GCC are effective. This is also valid for bookings for single arrangements like for example flights.
Conditions of payment: Prepayment as soon the invoice has been received according to the indications on the confirmation/Invoice (1. Payment order). The outstanding payment till 30 days before the depart at the latest as far nothing else is indicated on the 2 payment order. In order to guarantee the ticket price, we recommend to immediately pay after the booking. This enables us to prepare the tickets at an early stage and protects you from any price turbulances like (Gasoline fees) at a later stage.
Change in prices: We do want to point out that we at any stage are allowed by law to adapt changes in price concerning the trip price, trip-pogramme or single arranged services before the intended start of the trip. Art. 7 – 10 of the federal law for all-inclusive arrangements: Changes in price only can follow when the transportation costs rise later, fees or dues (like airport taxes, country fees, taxes) are charged again, or even are raised, or the decisive currencies do change also if explainable print misunderstandings occur. Flight prices are at any time by no omen affected by changes. If the changement of price is essential this means more than 10% the client is legitimated to withdraw from his contract for all made bookings within 5 days without any cost consequences. He may also have the option to participate on a different alternative arrangement that will be offered by us. If the client does not react within these 5 days giving no feedback the change of contract is considered as accepted. When updated price lists or brochures are distributed all previous price indications on arrangements will expire as far nothing meanwhile has been arranged.
Validity: The flight tickets basically only are valid for the transportation with their affiliated airlines. Rebooking on to other airlines as well changes of the arranged route or additional halts after the start of your trip are no more possible.
Validity of time: The validity of flight tickets normally starts from the first flight date on. If it is an open-ticket (without any reservation) the validity of time starts from the issue of the ticket (stamp with the indicated date is on top right). The exact date of validity is indicated on the invoice/confirmation.
Free/fix flight dates: Air flights with an airline either can be rebooked with an additional charge or remain mandatory. The favoured model is indicated on the confirmation/invoice. Charter flights basically have fixed (no rebooking opportunity) flight reservations.
Reconfirmation of flight tickets: For most airlines a reconfirmation is not mandatory. However we recommend to testify your reservation by reconfirmation of your airline in advance before your return flight or continuation. Like that your indicated time of flight on your flight ticket can be checked and a contact address can be left back. A missed reconfirmation can lead to a loss of the demanded transportation, additional costs then may be charged towards the client.
Service tax and reservation fees: As a cost part on the field of assurances like invested money of the client, travel guarantees, third party liability, documents/Information material/Computerized Reservation Systems (CRS) fees for flights, Individual trips, all-inclusive arrangements a service commission is charge of 40 Fr.- per person. If last minute arrangements are issue then the commission per Person is CHF 50.- (max. CHF 100.- per file). The following reservation fees are part of arrangements without flight. Hotel reservations, car rentals, camper, bus and railpasses, language schools, ferries, concert, theatre and sport event tickets, CHF 80.- per reservation invoice, plus all occurred additional taxes and fees of third parties.
Rebooking by the client before the start of the voyage: If changes of the data need to be performed before the exposition of the travel documents a rebooking commission can be charged dependent from the organizer or the air line. After all travel documents have been issued rebookings that lie before that date of journey are considered as annulation, in this case the travel documents need to be issued again. For such cases the effective annulation costs that are indicated on the confirmation/invoice then will be charged. Charter flights cannot or only be rebooked regarding high commissions/fees.
Rebooking after the start of the voyage: Possible rebooking costs of the airlines or organizers are mentioned on the invoice/confirmation. If rebookings are performed by us then additional costs may occur.
Guidelines for annulations: If a trip or arrangement needs to be interrupted or cancelled there is no recompense. If an annulation is performed then costs occur for us as well all involved airlines, transportation companies, or other organizers, this will be charged. For such cases the client will be held accountable directly or over us. Annulation costs need to be payed within 8 days. For the annulation a commission of CHF 100.- per person till a maximum of CHF 200.- per contract adding further telefon and faxcosts can be charged. Line flights: The annulation costs for that particular booking are indicated on the confirmation/invoice. If you don't show up at the airport costs of up to 100% can be charged for the annulation costs. The service tax (of CHF 40.- per person) will not be compensated in case of an annulation. Charter flights: The annulation costs do vary depending on the booked services of the organizer. Those for the booking valid annulation costs are indicated on the confirmation/invoice. As a hint : till 61 days before departure CHF 200.-; 60 - 31 days before departure 15% of the flight rate plus administrative commission, 30 - 16 days before departure 40% of the flight rate plus administrative fees; 15 - 0 days before departure 100% of the flight rate plus administrative commission. As a call date always the Inbox date of the annulation counts. Last minute: With last minute arrangements (discounts) normally higher annulation costs do count. Those may count till 100% of the arranged price. Land services: Campers, car rentals, hotels, etc. The annulation costs do vary depending on the booked service and organizer. Those for the intended booking caused annulations costs are indicated on the invoice/confirmation. The least number of participants: For certain trips a required amount of participants (will be indicated on the invoice/confirmation) are mandatory. If that amount can’t be achieved then we still hold the right to cancel that trip 3 weeks before the intended departure at the latest. If no offered alternative trip suits the expectation of the client he will receive his money for the already payed trip back immediately. A compensation that leads beyond on this will be excluded.
Delivery of the travel documents: The flight tickets and all extended travel documents will be sent by post, mail, or in exceptional cases by SMS if possible, one week before the departure and after the invoice of the payment.
Payback of the flight tickets: On infrequently used travel routes no recompensation is possible. With totally unused tickets that are handed back within the valid time frame a restitution can be achieved, but this can be time eating and may take several months. For such cases the restitution costs of the airlines and organizers can become very high.
Loss of the travel documents: We recommend to the client to separately keep back the precise ticket number and a copy of the travel documents. In case of loss we can’t take over any accountability.
Insurances: We ask the client to check if he already has enough annulation, return trip, illness, accident or other insurances. We urgently recommend to the client to complete an annulation and SOS- return back insurance. With we would like to support you on that.
Pass, Visa, vaccination: The client is responsible for the compliance of the individual pass, visa, duty, currencies as well the acquisition of the required documents on his own. For Swiss very often other formal travel guidelines are applicable than for other members of other countries. We ask the client to inform himself directly at the embassy or consultancy. If demanded we of course also pick up the required Visa. Actions for Visa as well these obtaining coasts will be charged.
Verification: We stick to an objective description of all services and control our partners. Does the client still have reason for any complaint because of inconveniencies like for instance major deficiencies, or non-compliance of the benefits with the performance of the confirmation/invoice then one need to act the following way. The client informs immediately the serving party (f. ex. hotel) as well the representation of the organizer at place and/or us and asks for help. If this isn’t possible a written testimony is required by those involved positions that oblige them. If a major rescheduling of the intended journey should be maintained we benefit a difference between the arranged trip price and the already effective performed services.
Accountability: The accountability of Samui Beach Travel Ltd liab. Co is based on Art.14 and 15 PauRG: We are not accountable for the evaluated damage (f. example. income defeats or similar). Samui Beach Travel Ltd liab. Co is accountable for damages their affiliates were in charge of (hotels, transportation enterprises, etc.) and who caused them, like this the client is able to hand over his expenses to us.
Samui Beach Travel Ltd liab. Co takes no accountability for the following cases:
With loss of personal goods, valuables, cash-money, jewelry, camera and video equipment etc. (this regulation is also applicable for thievery out of car rentals);
By loss, thievery, damaging or misleading of check and credit cards and similar;
For program changes, what were caused by ignorance of the scheduled time plans of the railway, bus, ferry, or air transport lines;
For local events like bookings of activities and excursions at the end of the journey that were not/are not performed by us;
Against higher impact or an event that Samui Beach Travel Ltd liab. Co or an associate despite all precautions couldn’t be foreseen or avoided (f. ex. strike, riots);
For failures of the client before and during the voyage (f. ex. in connection with the compliance of the regulations for pass, visa, duty and currencies).
The accountability is limited in a first step on to the maximal compensation of the already payed price of all affected arrangements, then in a second step till the double of the price of that service affected that was damaged. This restriction isn’t accountable for personal injuries and not by purpose or abrasive negligence. The complaints as well the written testimony, the client has given in at place, need to be handed over to us in a written formal manner 4 weeks after the journey, otherwise that compensation is lost. All compensations deriving from accountabilities decline after 1 year since the journey ended.
Mediator: If a court case occurs we recommend to our client to go to an independent mediator in the travel branches. The mediator is interested by any kind of problem to find a fair and balanced solution between the client and us in order to achieve a settlement. The address of the mediator is: Ombudsman der Schweizer Reisebranche, Postfach, 4601 Olten, Switzerland.
Language of this GCC The mentioned GCC are written in German, English and Thai. If there are certain deviations between the language versions the German version is the accountable version.
Legislation and place of jurisdiction: By contract between the client and Samui Beach Travel Ltd liab. Co only Swiss law is applicable. To sue Samui Beach Travel Ltd liab. Co only can be done at the domestic residence of the enterprise in Bolligen where the jurisdiction there is in charge.