SALES TERMS AND CONDITIONS
ARTICLE 1 - Purpose and Service Provider
PURPOSE
The following stipulations constitute the terms and conditions under
which Le-Voyage.com offers and assures not only all the online-reservation
services pertaining to hotels, flights, vacation villas, cruises, trains
and restaurants selected for their standard and quality, but also that which
a specialized operator assumes and creates upon requested by his clients
for individual, customized, luxury travel packages worldwide.
SERVICE PROVIDER
Le-Voyage.com Sàrl
29 route de Prébois
1215 Geneva 15 Switzerland
The company hereafter is referred to as « we, the company, our company,
Le.voyage.com,» and reference to the company website www.le-voyage.com as
« the website, our website. »
Numéro Fédéral Registre du Commerce Suisse CH-660-0395006-8
Travel Industry
Designator Service TIDS (IATA) N° 96-0 5734 5
The company’s civil responsibility is covered by the insurance company Alianz Suisse up to the limit of 30,000,000 Swiss Francs.
ARTICLE 2 Your acceptance
Applying for any one of the services offered on our site, notably but not limited to the services described in Article 4 constitute your full acceptance of :
1. the terms and conditions set out herein as well as those included in the electronic documents sent to you during the reservation process, in particular our offer, the reservation confirmation form and our invoice.
2. the utilization by our company of electronic documents including, but not limited to, our offers, our reservation confirmations, invoices and travel documents which will be communicated to you by e-mail, by fax or by means of interactive links on our website and/or on our e-mails.
ARTICLE 3 – Information on our site. Disclaimer.
3.1 Le-voyage.com offers the possibility to choose among properties presented
in its Prime Properties Portfolio (our Portfolio), and to select any of them
to book rooms, suites, apartments, bungalows, camps, holiday homes, restaurant
tables, cruises and other miscelleaneous services.
Our selection has been
made over time through cross-comparisons of the properties, corroborated
by reviews published by the best international guides, magazines and newspapers.
Responsibility for this selection is exclusively ours and our choice is based
on our sole judgment. We collect no fees from the properties for their inclusion
into our Portfolio.
3.2 We make every effort to ensure that the information contained on our web site is accurate and up to date. More specifically, the information relating to each and every property, notably images, originates directly or indirectly from the properties themselves. We cannot be held responsible for any error or inaccuracy. Our company will not be liable for any actions you may take as a result of using such information.
ARTICLE 4 – Our services
4.1 Reservation Services
4.1.1 Reservation services include research and reservations of individual hotels, lodges, camps, resorts, vacation villas and all other individual services peculiar to a travel agency, such as the purchase of airline tickets, reservations of cruises or luxury trains, jets or private yachts.
4.1.2 Concierge services are also applicable to reservation services as well as fees related to customized travel.
4.2 Fees related to customized travel
Include all or a part of the following fees :
4.2.1 The creation of
a requested travel itinerary
4.2.2 The creation of a program of activities and visits
4.2.3 Research and choice of hotels
4.2.4 Research and choice of transportation
4.2.5 Research and choice of local, commercial, or private flights
4.2.6 Research and choice of trains and/or cruises.
4.2.7 Selection of guides, rangers, chauffeurs, and local translators
4.2.8 Organization of arrival, transfers and follow-up during the voyage
4.2.9 Concierge services in the selection of restaurants and the best local
addresses.
4.3 The fees relative to customized sojourns and weekend getaways
A sojourn or a weekend getaway is traveling that involves only one step. This includes the reservations of the hotel, lodge, resort or villa, combined with round-trip transport, and local fees for transportation and concierge services.
ARTICLE 5 – Responsibility
Our company organizes the logistics of your tour or stay, purchases on a best effort basis transportation tickets (aircraft, coach, train, vessel or otherwise), books hotel and other lodging accommodations, restaurant, car rental, and handles ground and other services from various independent suppliers, hires guides and local assistants.
All such persons and entities
are independent contractors.
As a result we are not liable for strikes, disruptions, any negligent or
willful act of any such contractor, organization, company, entity or more
generally any third person.
ARTICLE 6 – Tailor made private tours and corporate luxury travel arrangements
6.1 Research and reservation services
6.1.1 Information at your disposal
The website presents hotel establishments, villas and cruises selected for
their quality as judged by us. Research can be done directly by you, or
by our advisors when requested by you. Certain information is accessible
only through subscription which you can do via our homepage by creating
a member-ID and password.
6.1.2 Simple Reservations
Concerning hotel establishments, you can either reserve directly online yourself
or have the reservations done by one of our advisors. All other reservations
necessarily implicate the involvement of one of our advisors. The sales
conditions relative to each hotel prevails over that which is presently defined
under the sales conditions.
6.1.3 Sojourn Reservations
You can verify with one click the availability and prices of hotels presented
for the destination and dates selected, communicate to us your preference and
request a bill for a sojourn that includes flights and transfers on the dates
of your preference.
Our advisors can also search for you one or many hotels and communicate to you
one or several invoices with different flights.
The sales conditions relative to each hotel prevails over that which is presently
defined under the sales conditions.
6.1.4 The involvement of one of our advisors results in the payment of professional services fee according to the Tariffs published on our website.
6.2 Fees for the creation, organization and follow-up of customized travel packages.
6.2.1 Our Initial Conditions
In order to give you unlimited access all the time and from anywhere in the
world to information regarding your voyage, including updates in real time
and to preserve complete
confidentiality o the data, we must open a personal file with an opening-fee
of 100 Euros charged to your credit card. This file, once opened, remains
available for all of your subsequent travel requests. The fee of 100 Euros
will be reduced from the payment of your first travel request.
6.2.2 Privacy
of your personal file
We attach the greatest importance to the privacy of our operations, notably
in regards to third parties. Your confidential personal file will benefit
from a reserved access protected by your member-ID and password.
6.2.3 Our
initial offer and invoice
We will send you an initial offer accompanied by an invoice which includes
the itinerary, a succinct program, hotels selected from out database or a
comparable standard, the means of transportation that are retained, restaurants,
local transportations and services rendered during the voyage.
6.2.4 Confirmation
of our offer and eventual modifications.
We ask you to confirm either through email or by telephone your agreement
in principle with our initial offer or of its rejection. The agreement in
principle allows you to subsequently modify any elements pertaining to your
travel plans until the agreement conforms to your desires. You will then
confirm with us your final agreement by email or by fax. Without the request
of any modifications, your agreement in principle is considered as your final
agreement.
6.2.5 Billing
Following the reception of your final agreement as it is explained in § 6.2.4,
a payment invoice corresponding to your bill with be mailed out with our
payment instructions.
6.2.6 Execution and follow-up of your travel package.
Modifications
We will proceed with the detailed organization of your travel plans once
we have received the deposit of the down-payment as foreseen in the billing.
You have the possibility applying modifications up until 30 days before your
departure, and it is to be confirmed by us whether such modifications are
possible during the given period. These modifications, depending on the case,
can lead to the modification of our initial invoice.
6.2.7 Roadmap and vouchers
You will receive by email or by fax between five and ten days before your
departure a roadmap that will contain all the information and important details
concerning your trip, accompanied, if necessary, by individual vouchers to
be given to the hotels and service providers but only in the case that we
judge these vouchers to be essential. In the majority of cases, they are
not.
6.2.8 Adjusting the initial invoice
Taking into consideration § 7.1.1 à 7.1.3 and the eventual modifications
made to your travel plans after the invoicing of your initial invoice, one
or many complementary invoice (or in the case of a reduction of costs) will
be applied reflecting fees for the the modifications or reflecting reductions
of costs, up until thirty days before the date of your expected departure.
6.2.9 Follow-up
You will benefit from the permanent follow-up during your
entire trip, either from our offices or from our local agents to prevent
all incidents and to handle and solve any eventual problem as quickly as
possible.
ARTICLE 7 – Price Policy
7.1 Validity of prices
7.1.1 The prices displayed when a reservation is requested in regards to the agency’s services are those that are most recently available and include the lowest possible public prices proposed by establishments, airline companies and service providers.
7.1.2 The price of airplane tickets with particular international connections vary in several hours if not minutes. The prices are indicative of what is available at the moment of the reservation request. The final price can only be known with certainty at the moment of purchase.
7.1.3 The prices retained for the calculation of our fees, notably that which concerns hotels, flights, and cruises are always the prices publicly displayed by the service providers.
7.1.4 The prices indicated by our invoice in response to your request are calculated from the most recent prices provided by travel intermediaries, airline companies, hotel establishments, property owners of villas, trains, cruises, limousines, guides, etc… Offers by intermediaries are subject to confirmation deadlines, generally brief. They are susceptible to variation in time and are not stopped with certainty until after their payments.
7.1.5 The expiration dates of our offer is 36 hours for simple reservations and 10 days for customized travel. We reserve the right to cancel offers that have expired.
7.1.6 The fees for our agency’s services and reservations such as our fees for the creation and follow-up of customized travel are distinguished by services provided and are added together for a given travel package in relation to the number and the nature of services effectively rendered.
7.1.7 We do not have any obligation to communicate our costs to our clients or third parties, except in the case of justifying the increase of costs foreseen in § 7.4
7.2 Reservation services fee
The tariffs regarding our reservation services are displayed under the heading of Prices on our website. We reserve the right to modify them at any moment. The tariffs that apply to a given client are that which prevails on the date the reservations were requested by the client.
7.3 Service fees relative to customized travel
The prices of our services relative to customized travel are displayed under the heading Prices that is published on our website. We reserve the right to modify them at any moment. The tariffs that apply to a given client are that which prevails on the date the reservations were requested by the client.
7.4 Service fees relative to weekend getaways or sojourns
The prices of our service fees relative to weekend getaways or sojourns are displayed under the heading Prices on our website. We reserve the right to modify them at any moment. The tariffs that apply to a given client are that which prevails on the date the reservations were requested by the client.
7.5 Price variations
7.5.1 Taking into consideration § 7.1, prices are susceptible to vary between the date of invoicing and the final price calculated, notably the price of services provided before the complete reception of payment for the voyage and when all the modifications made to the travel arrangements with your adherence are taken into consideration.
7.5.2 The variation of prices are due to the rate of exchange of the prices as well as the prices demanded by service providers, and regardless of what they may be, they are applied separately and justified based on prices that are publicized or invoices according to the service providers.
7.5.3 Our professional service fees relative to customized travel packages or sojourns cannot exceed the total results of the maximum rates displayed under the heading Prices that is published on our website.ARTICLE 8 – Tailor made private tours and corporate luxury travel arrangements : schedule of payments
8.1 Invoices
8.1.1 Under the reservations as stipulated under Article 9, all of your payments are followed by invoices that will be sent to you in the form of an electronic document (generally, as PDF files) by email or by fax. We do not mail paper documents nor invoices by traditional postal services.
8.1.2 The invoice for our final offer as described in § 6.2.5 will be sent to you once we have received confirmation of your agreement by email or by fax.
8.1.3 Additional costs or reductions added to the initial invoice in relation to the conditions foreseen in paragraph 6.2.8 will be adjusted according to the additional payments or credit in your favor deriving from the deductions from the balance due.
8.2 Schedule of payment
The schedule of payment as indicated in our invoices is an element of the contract. In case you do not respect the schedule as agreed upon, we reserve the right to modify our fees or even cancel our contract with you.
8.3 Payment with credit card
8.3.1 All communications by you that consists of personal information relative to credit cards necessarily implies your acceptance without reservations of our general sales conditions.
8.3.2 The payment for services and other fees as set in paragraphs 7.2 to 7.5 includes the guarantee by your credit card and is normally done through direct debit of this credit card without specification in our invoices that are relative bank transfers.
8.4 Costs and Payment of Invoices
8.4.1 The costs of bank transfers are your responsibility
8.4.2 The costs for the payment of a bill of exchange by credit card is 2.50% of the amount of the balance. These charges apply to all payments collected by us through a credit card.
8.4.3 For practical and bookkeeping reasons, your credit card can be debited two or three times on different dates for the same reservation. In this case, the total cumulative debit on your card will not exceed the total value that results from your reservation as you would have been notified by electronic documentation transmitted by us and with a confirmation.
ARTICLE 9 – Hotels: Choice and conditions of reservations
9.1 No reservation can be implemented until the data of your credit card is communicated to us. Credit card data is communicated either by phone or fax, or more simply on our website through DigiCert’s highly secured transfer protocol which guarantees complete safety during transmission.
9.2 The rates we quote in reply to your reservation request are provided by the establishments. Our fees, as they are defined in article 7 in these general conditions, apply to the indicated fees.
9.3 No invoices are issued for bookings made under Article 9. An electronic document confirming your booking will be issued in place of the invoice.
ARTICLE 10 – Air Transportation
10.1 If you request us to search and compare on your behalf one or several flights at specific dates to find the optimum arrangement for you, we reserve the right to require the payment of a flat research fee charged to your credit card before we start the search.
10.2 All international and internal air flight quotes are subject to change and can carry penalties and surcharges, until final payment has been made to the airline by us. Flight confirmation and fare are based on seat availability on the date of receiving your payment.
10.3 Air reservations will not be confirmed until we receive complete information on passengers’ names, surnames, birth dates, address, passport numbers and dates of issuance as well as the data of one valid credit card.
10.4 The cancelation or modification of airline reservations is considered as new reservation requests and will be treated as such under the fixed price.
10.5 International air carriers are subject to international air conventions limiting their liability. The limitations of liability are contained on the paper or electronic airline ticket. The passenger contract used by these companies shall constitute the sole contract between these companies and yourself.
10.6 Payments for airline tickets are completed under the same conditions as foreseen for travel packages under Article 8.
ARTICLE 11 – Miscellaneous
11.1 COSTS NEVER INCLUDED IN OUR OFFERS
A passenger travel protection program, which provides cancellation coverage, medical coverage and protection against lost or damaged luggage, is never included in our offer, even though one is strongly recommended. We can assist you in handling this through our international travel insurance partner. The cost of obtaining passports or entry visas; excess baggage charges; gratuities; meals and beverages other than what is specified in the itinerary; sightseeing not included in the itinerary; personal expenses such as laundry, communication charges and optional activities (which are subject to availability) are never included in our offers.
11.2 SPECIAL REQUESTS
Special Requests such as smoking/non-smoking, adjacent or connecting rooms and special dietary needs should be expressed at the time of booking. Please note that every effort will be made to secure your special request; however, these requests cannot be guaranteed. Prices and arrangements will be based on current rates of exchange, tariffs and taxes as of the date of confirmation of our final acceptance of your special request.
11.3 HOTEL CHECK IN
Most hotels allow check-in to take place during the mid-afternoon. Should you wish to have your room ready for immediate check-in upon arrival, we could request it but with no guarantee of availability and usually at an additional charge.
11.4 BAGGAGE
Weight restrictions on some routes on domestic or international air flights may apply. Baggage and personal affairs are at the owner's risk throughout the travel program. Please check before departure with the selected airline carrier for baggage restrictions applicable to your flights.
11.5 PASSPORTS AND VISAS
Passports and visas are your own responsibility. Valid passports are required for travel to a number of destinations. Please check. Check as well for the latest visa requirements. We do accept in certain cases of emergency to handle the issuance of visas. In such cases we invoice all the costs incurred in such handling plus a fee charged on a time spent basis at the rate of 150 euros or equivalent per hour.
11.6 PHYSICAL RISKS
Some programs require a minimum level of fitness to participate in and to enjoy when they include certain inherent risks like walking on rough terrain, white-water rafting, kayaking and rafting, horseback-riding, hiking, walking safaris, downhill or cross country skiing, as well the threat of danger from animals, inaccessibility to medical attention and difficulty in evacuation from remote locations in the case of a medical emergency. It is your sole responsibility to assume all such risks but we nevertheless advise you to inform us beforehand if you have any physical or other condition or disability that could create a hazard to yourself.
ARTICLE 12 – Cancellations
12.1 All changes applied to your request between the time of your initial agreement and final agreement is billed 100 Euros per modification to the total of the final price. Modifications applied to travel packages after your final agreement will be additionally applied as is explicit in § 6.2.8.
12.2
Cancellation of hotel reservations
In the case that your hotel reservations are cancelled online by yourself,
the cancellation is free of charge and is applicable only to the cancellation
clauses particular to the concerned establishment.
In the case that you ask one of our advisors to cancel the reservations you are
obliged to pay the cancellation fee as displayed on our website under Tariffs.
12.3 In the case that we have directly assured the advance payment of your hotel reservations, notably in regards to promotions and travel packages, the cancellation of your reservation entails a a cancellation fee of 5% of the total price of your travel package as indicated in our offer and up to a minimum of 100 Euros. These fees are applied to the cancellation fee by the hotels themselves.
12.4 No show. If you do not arrive at the establishment agreed upon in your reservation, you are responsible for the totality of the price.
12.5 The cancellation fee of an airline flight is 60 Euros per cancellations, per person and per ticket, without considering the fees entailed by the airline carrier as a result of the cancellation
12.6 The cancellation fee of a cruise is 5% of the total price of the cruise as well as the costs entailed by the cruise provider as a result of the cancellation. Notwithstanding, if the cost for the cruise has already been billed by le Voyage.com, the cancellation of the cruise will be treated as a personalized travel deal according to the positions explained in § 12.8
12.7 The cancellation of your personalized travel package request between the time of your final agreement as explicit in § 6.2.4 and the issuance of our invoice entails the payment of the customized travel fee as foreseen in § 7.3.1.
12.8 The cancellation of your customized travel package, for whatever reason, after the issuance of our invoice entails the payment of the cancellation fee for which the amount varies according to the date of cancellation as is indicated in §12.8.1 à § 12.8.4. We strongly recommend our clients to have insurance that protects against these cancellation risks in the case of acts of God.
12.8.1 Cancellation
between the date of the issuance of our initial invoice and 100 days before
your anticipated departure date, the cancellation fee is 30% of the amount
in the initial invoice as well as the costs associated with § 12.8.4
12.8.2 Cancellation between 100 and 30 days before the anticipated departure
date entails the payment of the cancellation fee which is 50% of the total
amount in the initial invoice as well as related costs as defined in § 12.8.4
12.8.3 Cancellation 30 days before the anticipated departure date entails
the total payment of the price indicated in our initial invoice as well as
supplementary fees or reductions as mentioned in 8.1.3
12.8.4 All other related costs mentioned in paragraphs 12.8.1 to 12.8.2 include
all the payments to third parties that we have completed and which we could
not reimburse. All the payments that you have completed in our favor will
be reimbursed to you after our cancellation fees and other related costs
are deducted.
12.9 Cancellation by Le-voyage.com
Cancellation of a travel package completed
by Le-voyage.com, either through the implementation of article 8, 8.2,
or through the implementation of article 11 and 11.5, due to the absence
of visas or all documents required by host countries, will be treated as
a cancellation by yourself.
ARTICLE 13 – Acts of god
13.1 We cannot be held responsible for your late arrival or no-show, in the event of a visa or transportation ticket application being denied to you, or of any other causes or acts of God. The conditions prevailing in the case of cancellation as established in Article 12 shall be applicable for late arrival, no show, visa denied or any other causes or acts of God.
ARTICLE 14 – Claims and refunds
14.1 For verifiable claims to be considered, they must be received in writing within 30 days of the termination– or cancellation- of the tour or of the stay and be accompanied by supporting documentation which affirm the foundation of your request.
14.2 Refunds are not made for any services that are not consumed on your part, except for verifiable and mitigating circumstances and are subject to our reimbursement of costs entailed to the service provider. Your demand for a refund must be requested within the 30 days following the end of your voyage in order to be taken into consideration.ARTICLE 15 – Limitations
We are not responsible for any injury, loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labour activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time.
ARTICLE 16 – Governing Law
In accordance with Interactive Traits registered office address, the present contract is subject to and governed by Swiss Law. The sole competent jurisdiction to handle any dispute arising from the present contract is the Tribunal of Geneva, Canton de Genève. We retain nevertheless the exclusive right to choose a different jurisdiction elsewhere should we decide to take the initiative to file a suit against a third party domiciled outside Switzerland. The applicable language version of our sales terms and conditions is the version which our client was referred to when his or her reservation was made.
© Copyright 2009 Le-voyage SARL