Terms & Conditions Newtours Colombia
Terms & Conditions NEWTOURS COLOMBIA
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The purchase of any travel services offered by Newtours Colombia (the “Company”, “We” or “Us”) constitutes a contractual arrangement between the customer (“You” or “Your”) and the Company and represents your acceptance of the terms and conditions set out herein.
Notwithstanding the foregoing, any provision in these General Terms and Conditions that states that it is operative by Your use of the Website (as defined below) shall govern Your use of the Website, and if you do not agree to such terms, you must not use the Website.
We at the Company believe in serving our clients with sincerity and honesty and therefore You can contact us via telephone or write to us with Your queries and we will be delighted to answer any query that You may have or provide any clarification that You may see.
1. Conclusion of the package travel contract / liability for obligations of other travellers covered by the booking
1.1 The following applies for all booking channels (e.g. at a travel agency, directly with Newtours Colombia, by telephone, online, etc.):
a) This offer is based on the package description and the supplementary information on the package in question provided by Newtours Colombia, to the extent that the customer has such information at the time of booking.
b) The customer is liable for all contractual obligations associated with their booking, both for themselves and for other travellers included in the booking, provided that the customer incurs this obligation by express and separate declaration.
c) If the content of the booking confirmation provided by Newtours Colombia is different from the content of the booking, the booking confirmation constitutes a new offer which will be binding on Newtours Colombia for a period of 15 days. A contract will be formed on the basis of that new offer if Newtours Colombia has notified the customer of the change in the new offer and has complied with its pre-contractual information obligations and the customer signals their acceptance of the new offer within the aforementioned binding offer period by express declaration or by payment of a deposit.
d) The pre-contractual information provided by Newtours Colombia regarding the main characteristics of the travel services, the price of the package (in USD) and all additional costs, payment details, the minimum participant number and the cancellation fees form part of the package travel contract unless otherwise expressly agreed between the parties.
1.2. The following applies for bookings, which may be made orally, by telephone, in writing, by email or by SMS:
a) A booking (package reservation) constitutes a binding offer by the customer to Newtours Colombia to enter into a package travel contract.
b) The contract is formed on receipt of a booking confirmation from Newtours Colombia. On formation of the contract, or immediately afterwards, Newtours Colombia will send the customer a booking confirmation complying with the statutory requirements in a durable medium (which the customer can store or save unchanged in such way that they can access it for an adequate period, e.g. on paper or by email), unless the traveller is entitled to receive a booking confirmation on paper because the contract was entered into in the physical presence of both parties or in a place which is not business premises.
1.3. In the case of electronic bookings (e.g. via the internet, app, teleservices), the following applies regarding formation of the contract:
a) The electronic booking procedure will be explained to the customer in the relevant application.
b) The customer will have the opportunity to correct or delete information they have entered or reset the entire booking form and be told how to do so.
c) The contract languages in which the booking may be made are stated.
d) If the text of the contract is stored by Newtours Colombia, the customer will be informed of this and told how the text can be retrieved at a later date.
e) The customer will receive an immediate electronic confirmation that their booking has been received (confirmation of receipt).
f) The contract will not be formed until the customer has received a booking confirmation from Newtours Colombia; this booking confirmation will be provided in a durable medium.
1.4 Newtours Colombia points out that in accordance with the statutory provisions, there is no right of withdrawal for package travel contracts which are concluded remotely (by letters, catalogues, telephone calls, faxes, emails, text messages sent by mobile phone (SMS) and messages broadcast and sent by teleservices and online services); customers only have the statutory rights of cancellation and termination and in particular the right of cancellation. However, a right of withdrawal is available if the contract for travel services was concluded away from business premises, unless the oral negotiations on the basis of which the contract was concluded were conducted by prior request of the consumer; in the latter case no right of withdrawal is available.
2.1 Newtours Colombia and retailers may demand or accept payments against the price of the travel package before the end of the package only if a valid customer payment protection contract is in place and the customer is provided with confirmation of protection in which the name and contact details of the payment protection provider are communicated clearly, comprehensibly and prominently. A deposit of 50% of the price of the package is payable after formation of the contract against issue of confirmation of protection. The balance is payable 28 days before the start of the package, provided that the confirmation of protection has been provided and Newtours Colombia can no longer exercise its right of cancellation for the reason specified in section 6.
2.2 If the customer does not pay the deposit and/or balance by the agreed dates even though Newtours Colombia is willing and able to provide the services owed by it under the contract and has complied with statutory information requirements and the customer has no contractual or statutory right to withhold payment, Newtours Colombia may, after issuing a payment reminder specifying a time limit for payment, cancel the package travel contract and charge the customer cancellation costs as specified in section 4.2 second sentence to section 4.4.
3. Changes to the contract before the start of the package concerning aspects other than price
3.1 Newtours Colombia is permitted to change main characteristics of travel services as agreed in the package travel contract if such changes become necessary after formation of the contract and are not made by Newtours Colombia in bad faith, provided that the changes are insignificant and do not affect the overall character of the package.
3.2. The organiser must inform the customer of changes to services clearly, comprehensibly and prominently on a durable medium (including e.g. e-mail, SMS or voice message) without undue delay after it becomes aware of the reason for the change.
3.3 In case of a significant change to any of the main characteristics of a travel service or variation of special customer requirements which have been incorporated into the package travel contract, the customer may, within a reasonable period specified by Newtours Colombia when it notifies the customer of the change,
either accept the change
or cancel the package travel contract without charge
or accept a substitute package if offered by Newtours Colombia.
The customer can choose not to respond to the notification from Newtours Colombia. If the customer does respond to Newtours Colombia, they can either consent to the change to the contract, ask to be rebooked onto a substitute package if this has been offered, or cancel the contract without charge. If the customer does not respond to Newtours Colombia or does not do so within the period specified, the change communicated will be deemed to have been accepted. The customer must be informed of this clearly, comprehensibly and prominently in the notification under point 3.2.
3.4. This will not affect warranty claims for issues with the changed services. If the cost to Newtours Colombia of providing the changed package or substitute package with equivalent features is lower, the difference must be refunded to the customer.
4. Cancellation by the customer before the start of the package / cancellation costs
4.1 The customer can cancel the package travel contract at any time before the start of the package. Notice of cancellation must be submitted to Newtours Colombia. If the package was booked via a retailer, the notice of cancellation may also be submitted to that retailer. The customer is advised to give notice of cancellation on a durable medium.
4.2 If the customer cancels before the start of the package or does not join the package, Newtours Colombia will not be entitled to the price of the package. Instead, Newtours Colombia may demand reasonable compensation, unless it is responsible for the cancellation or extraordinary circumstances arising at the destination or in its immediate vicinity which significantly interfere with performance of the travel package or travel to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of Newtours Colombia and their consequences could not have been prevented even if all reasonable precautions had been taken.
4.3 The amount of such compensation shall be the price of the package less the value of any costs which Newtours Colombia is spared and less any sums it receives by making alternative use of the travel services; on request by the customer Newtours Colombia must provide proof of this amount. Unless otherwise stated in the pre-contractual information and otherwise specified in the booking confirmation, Newtours Colombia has specified the following compensation amounts, which vary depending on how close to the start of the package notice of cancellation is given and take into account expected savings and expected revenue from alternative use of the travel services. The amount of the compensation is calculated according to the date on which the notice of cancellation is received using the appropriate cancellation fee scale as follows:
30 days before the start of the package: 10% of the price of the package
29 to 15 days before the start of the package: 20% of the price of the package
14 to 3 days before the start of the package: 85% of the price of the package
3 or fewer days before the start of the package: 95% of the price of the package
Canncellation of international flights listed separately is governed by the cancellation terms of the airlines concerned.
4.4 In any event, the customer shall be at liberty to provide proof that the reasonable compensation owed to Newtours Colombia is significantly lower than the compensation fee charged.
4.5 If Newtours Colombia is required to refund the price of the package due to cancellation, it must do so without undue delay and in any case within 14 days of receipt of the notice of cancellation.
4.6 The foregoing provisions do not affect the customer’s statutory right under section 651e BGB to require Newtours Colombia, by notice provided on a durable medium, to transfer the rights and obligations arising from the package travel contract to a third party. In any event, such notice will be considered to have been given in good time if it is received seven days before the start of the package.
5. Unused services
If for reasons attributable to the traveller the traveller does not make use of individual services which Newtours Colombia is willing and able to provide, they shall not be entitled to a refund of a portion of the package price unless such reasons would have entitled them to cancel or terminate the travel contract free of charge in accordance with the statutory provisions. Newtours Colombia will endeavour to arrange a refund for expenses saved as a result from the provider of the service. This undertaking will not apply if such savings are entirely trivial.
6. Cancellation due to failure to achieve the minimum participant number
6.1. Newtours Colombia can cancel the package travel contract if the minimum participant number is not achieved only if Newtours Colombia:
a) specifies in the pre-contractual information the minimum participant number and the latest time prior to the contractually agreed start of the package by which the customer must be informed of the cancellation and
b) specifies the minimum participant number and latest cancellation date in the booking confirmation.
The customer may be given notice of cancellation no later than the date specified in the pre-contractual information and the booking confirmation. If it is apparent before this date that the minimum participant number cannot be achieved, Newtours Colombia must exercise its right of cancellation without undue delay.
6.2. If the package does not take place for this reason, Newtours Colombia must refund the customer for payments towards the price of the travel package without undue delay and in any case within 14 days of receipt of the cancellation notice.
7. Termination for reasons of conduct
Newtours Colombia can terminate the package travel contract without notice if the traveller continues to cause disruption despite being given a warning or if they breach the contract to such an extent that immediate rescission of the contract is justified. This shall not apply if the conduct contrary to the terms of the contract results from a breach by Newtours Colombia of its duty to provide information.
If Newtours Colombia terminates the package travel contract, Newtours Colombia will still be entitled to receive the price of the package; however, Newtours Colombia must deduct any benefits it receives from making alternative use of any service not used, including any sums credited to it by service providers.
8. The traveller’s duties of cooperation
8.1 Travel documents
The customer must inform Newtours Colombia or the retailer via which they booked the travel package if they do not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period specified by Newtours Colombia.
8.2 Notice of problems / entitlement to have problems resolved
If there are problems with the travel package, the traveller is entitled to have them resolved.
If Newtours Colombia is unable to put problems right due to a culpable failure to report them, the traveller has no entitlement to a reduction in price in accordance with section 651m BGB or compensation in accordance with section 651n BGB.
The traveller must report any problems to the local representative of Newtours Colombia without undue delay. If no Newtours Colombia representative is available locally and Newtours Colombia is not contractually obliged to provide one, any problems must be reported to Newtours Colombia at the specified contact point; information on how the representative or contact point can be reached will be provided in the booking confirmation. However, the traveller may also report problems to the retailer via which they booked the travel package. The representative of Newtours Colombia is authorised to resolve problems, insofar as this is possible. However, they are not authorised to recognise any claims.
8.3 Specification of a time limit before termination
If a customer/traveller wishes to terminate the package travel contract in accordance with section 651l BGB due to a problem of the kind referred to in section 651i(2) BGB, provided that such problem is significant, they must first grant Newtours Colombia a reasonable period to resolve it. This is not applicable only if Newtours Colombia refuses to remedy the problem or immediate remedy is required.
8.4 Damage or delay to baggage in connection with air travel; special rules and time limits for entitlements to remedy
(a) The traveller is advised that if baggage is lost, damaged or delayed in connection with air travel, this must be reported to the responsible air carrier locally by means of a property irregularity report (PIR) in accordance with air travel regulations. Air carriers and Newtours Colombia can refuse to give refunds under international conventions if the PIR is not filled out. A PIR for damaged baggage must be submitted within seven days after luggage is received and for delayed baggage within 21 days after the luggage is receipt.
(b) Loss, damage or misdirection of baggage must also be reported to Newtours Colombia, representatives of Newtours Colombia or a point of contact or the retailer without undue delay. This does not release the traveller from the obligation to submit the PIR under point a) to the air carrier with the aforementioned time limits.
9. Limitation of liability
9.1 The contractual liability of Newtours Colombia for loss or damage, excluding bodily injury, not caused negligently or intentionally is limited to three times the price of the package. Any claims in accordance with international agreements or statutory provisions based on such international agreements exceeding this amount are unaffected by this limitation.
9.2 Newtours Colombia accepts no liability for defective contract performance, personal injury or material damage in connection with services provided by third parties and merely mediated by Newtours Colombia (e.g. excursions, sporting events, theatre trips, exhibitions), if in the package description and booking confirmation such services are expressly identified as third party services, giving the name and address of the provider, sufficiently clearly that it is obvious to the traveller that they are not part of the travel package provided by Newtours Colombia and were selected separately. This is without prejudice to sections 651b, 651c, 651w and 651y BGB.
However, Newtours Colombia is liable if and to the extent that the loss or damage resulted from a failure by Newtours Colombia to fulfil its notification, informational or organisational obligations.
10. Presentation of claims: addressee, information regarding consumer dispute resolution
10.1 The customer/traveller must present any claims. If the travel package was booked via a retailer, claims may also be addressed to that retailer. It is recommended that claims be presented on a durable medium.
10.2 With regard to the German Act on Alternative Dispute Resolution in Consumer Matters [Verbraucherstreitbeilegungsgesetz], Newtours Colombia specifies that it does not participate in voluntary consumer dispute resolution procedures. If after these terms and conditions of travel are printed such consumer dispute resolution procedures become mandatory for Newtours Colombia, Newtours Colombia will inform the customer of this in a suitable manner. With regard to all travel contracts entered into electronically, Newtours Colombia refers to the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/
11. Obligation to provide information regarding the operating air carrier
Under the EU Regulation on informing air transport passengers of the identity of the operating air carrier, Newtours Colombia is required to inform the customer of the identity of the operating air carrier for all flights forming part of the package booked.
If the operating air carrier is not known at the time of booking, Newtours Colombia must specify the air carrier or carriers which will probably operate the flight or flights. Newtours Colombia must inform the customer as soon as it knows which air carrier will operate the flight.
If there is a change to the air carrier communicated to the customer as operating air carrier, Newtours Colombia must inform the customer of the change. It must take all reasonable steps without undue delay to ensure that the customer is informed of the change as quickly as possible.
The list of air carriers subject to an operating ban within the EU (the Community list, formerly the “black list”) can be viewed on the following website: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm
12. Passport, visa and health requirements
12.1 Newtours Colombia will provide the customer/traveller with general information on passport and visa requirements and health formalities of the destination country, including approximate periods for obtaining visas, before the contract is concluded, and information on any changes to such requirements and formalities before the start of the package.
12.2 The customer/traveller is responsible for obtaining and carrying the officially required travel documents, obtaining any necessary vaccinations, and complying with customs and foreign exchange regulations. Any disadvantage resulting from non-compliance with these regulations, e.g. payment of cancellation costs, shall be borne by the customer/traveller. This does not apply if Newtours Colombia has failed to provide information or if the information provided by Newtours Colombia is inadequate or incorrect.
12.3 Where the customer has instructed Newtours Colombia to obtain necessary visas, Newtours Colombia accepts no liability for the timely issue and receipt of necessary visas from the relevant diplomatic mission, unless Newtours Colombia has breached its own obligations.
NEWTOURS COLOMBIA is registered as a travel agency in Germany and Colombia. For this reason, Colombian or German law can be applied to all claims.