General Terms and Conditions
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Atar Travel&Transport
Heuwinkelstrasse 15
4123 Allschwil
Schweiz
E-Mail: info@vacation-morocco.com
General Terms and Conditions of Atar Travel&Transport
1. Scope of application
These General Terms and Conditions ("GTC") apply to the entire business area of Atar Travel&Transport (hereinafter "Company").
2.Conclusion of contract
The contract is concluded when the customer accepts the company's offer to purchase services. The contract is concluded in any case when the customer makes use of the services offered by the company.
3.Prices
Unless otherwise quoted, all prices are in Swiss francs (CHF). All prices include any applicable value added tax (VAT). The prices are exclusive of any other applicable taxes. The company reserves the right to change prices at any time. The prices valid at the time the contract is concluded shall apply. If a commission has been agreed, this is owed upon fulfillment of the obligations by the company. Whether the end customer pays the client has no influence on the accrual and due date of the commission; the decisive factor is the fulfillment of obligations by the company.
4. Payment
The company offers the customer the following payment options: Invoice, credit card, PayPal, down payment. The customer is obliged to pay the invoiced amount within 30 (thirty) days of the invoice date. If the invoice is not paid within the aforementioned payment period, the customer shall automatically be in default. From the time of default, the customer shall owe default interest in the amount of 5% (five percent). The company reserves the right to demand advance payment at any time without giving reasons. The invoiced amount may not be offset against any claims the customer may have against the company. If the order amount is high, the company may request a down payment from the customer. The Company shall be entitled to refuse delivery or provision of services in the event of default in payment.
5. Age limit
By accepting these GTC, the customer confirms that he/she meets the required age limit to receive the services offered by the company.
6. Obligations of the company
6.1 Provision of services
Unless otherwise agreed, the Company shall fulfill its obligation by providing the agreed service. If no other provisions are agreed, the place of performance shall be the registered office of the company.
6.2 Auxiliary persons
The parties have the express right to engage auxiliary persons to perform their contractual duties. They must ensure that the auxiliary person is engaged in compliance with all mandatory statutory provisions and any collective labor agreements.
7. Obligations of the customer
The customer is obliged to make all arrangements necessary for the provision of the service by the company without delay. The customer must make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of suitable information and the delivery of documents to the Company. The customer is responsible to the company for the correctness of the required information about himself and any third parties and must bear the full consequences of any errors. The customer is aware that in those cases in which the company acts only as an intermediary, he enters into the contract with the third party (airline, tour operator, etc.) and its terms and conditions apply. For services provided by other tour operators or service providers, the company acts merely as an agent, but not as a contractual partner; their own contractual and travel conditions apply. If the customer is unable to commence the journey or make use of a service for reasons that are not attributable to the company, the customer must inform the company immediately in writing, stating the reason. Cancellation costs will be charged in such cases. The date of receipt of the letter by the company shall be decisive for the calculation of the cancellation costs. In addition, the cancellation costs of the respective organizer and the booked transport company shall apply. A change to the booked services is generally possible without incurring costs if the advice of the FDFA and/or the FOPH advises against travel to the region in question. However, if the FDFA and/or FOPH do not expressly advise against travel to the booked region, the costs in accordance with the following paragraphs shall be payable immediately. The company is entitled to terminate the contract without notice if the execution of the trip is permanently disrupted despite a corresponding warning by the customer. The same applies if it is suspected that the customer has committed a criminal offense punishable by imprisonment under Swiss criminal law in the vacation destination or during the trip, or if the customer has acted in breach of contract to such an extent that immediate cancellation of the contract is justified. However, the company retains the right to the travel price. Any additional costs for the return transportation as the disruptor itself. However, the customer shall be credited with any expenses saved as a result and any benefits obtained from services not used, including reimbursements from other service providers. The company excludes any liability for third-party services to the extent permitted by law.
8. Cancellation of appointments
In the case of agreed appointments for the provision of the contractual service, cancellation up to 30 (thirty) working days before the appointment is free of charge. The following costs shall be due in the event of a missing or late cancellation:
Until 15 (fifteen) working days before appointment
30% (thirty percent) of the agreed price
Until 14 (fourteen) working days before appointment
50% (fifty percent) of the agreed price
Until 7 (seven) working days before appointment
100% (one hundred percent) of the agreed price
9.Warranty
The company guarantees to perform the agreed services to the quality customary in the industry.
10.Liability
Liability for any indirect damage and consequential damage is excluded in full. Liability for direct damages is limited to the sales price of the product/service. This limitation of liability does not apply to direct damages caused by gross negligence or intent. The customer is obliged to report any damage to the company immediately. Any liability for auxiliary persons is excluded in full.
11. Intellectual property rights
The company is entitled to all rights to the products, services and any trademarks or is authorized to use them by the owner. Neither these GTC nor any associated individual agreements contain the transfer of any intellectual property rights, unless this is explicitly mentioned. In addition, any further use, publication and making available of information, images, texts or anything else that the customer receives in connection with these provisions is prohibited unless explicitly authorized by the company. If the customer uses content, texts or visual material in connection with the company to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.
12. Data protection
The company may process and use the data collected during the conclusion of the contract to fulfill the obligations arising from the contract. The Company shall take the measures necessary to secure the data in accordance with the statutory provisions. The customer declares his full consent to the storage and contractual use of his data by the company and is aware that the company is obliged and entitled to disclose information from the customer to these or third parties if ordered to do so by courts or authorities. If the customer has not expressly forbidden it, the company may use the data for marketing purposes. The data necessary for the fulfillment of services may also be passed on to contracted service partners or other third parties.
13. Changes
These General Terms and Conditions may be amended by the company at any time. The new version shall enter into force 30 (thirty) days after it has been posted on the website (www.vacation-morocco.com) by the Company. The version of the GTC in force at the time the contract is concluded shall apply to customers. Unless the customer has agreed to a newer version of the GTC.
14. Priority
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTC shall take precedence over these GTC.
15. Severability clause
Should a provision of this contract or a supplement to this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same applies to any loopholes in the contract.
16. Confidentiality
Both parties, as well as their auxiliary persons, undertake to treat all information provided or acquired in connection with the services as confidential. This obligation shall remain in force even after termination of the contract.
17. Force majeure
If the timely performance by the Company, its suppliers or third parties involved becomes impossible due to force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be eleased from the fulfillment of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company shall reimburse the Customer in full for any payments already made. Any further claims, in particular claims for damages as a result of vis major, are excluded.
18. Applicable law / place ofjurisdiction
These GTC are subject to Swiss law. Insofar as no mandatory statutory provisions take precedence, the court at the registered office of the company shall have jurisdiction. The company is free to bring an action at the defendant's domicile. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.