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General Terms and Conditions of
IM Travel Services Limited


1. Scope
2. Travel contract
(a) Conclusion of contract
  (b) Contract amendments
3. Methods of payment
4. Cancellation and rebooking
(a) Cancellation before receipt of payment
(b) Cancellation/rebooking after receipt of payment
(c) Cancellation/rebooking for group travel – booking one property
(d) Cancellation/rebooking for group travel – booking multiple properties
(e) Cancellation/rebooking due to non-utilisation of a service
(f) Rebooking in favour of third parties
(g) Cancellation/rebooking as a result of exceptional circumstances
(h) Rebooking due to overbooking
5. Additional services
6. Defects on location, exclusion period and limitation of claims
7. Liability
(a) Liability of IM
(b) Liability of the client
8. Passport, customs, insurance and health regulations
9. Data protection
10. Place of jurisdiction
11. Invalidity of individual terms

1.  Scope
For the arrangement of accommodation on Mauritius through IM Travel Services Ltd. (hereinafter: IM), the following terms and conditions apply. 
The general terms and conditions (hereinafter: T&C) regulate the legal relationship between the client and IM. For any services that are booked, the terms and conditions of the respective service provider also apply. IM will provide these to the client on request.

IM only acts as an agent between the service provider and the client for services that are specified on their website. The service provider is the owner or the administrator of the booked accommodation. The contractual obligation of IM is limited to the proper arrangement of accommodation; this includes appropriate consultation, processing the booking and delivering the travel documents. In particular, IM assumes no liability or guarantee for fulfilment of services by the service provider.
Should the client book an airport transfer via IM, in this case, IM is the direct contractual partner. The contractual obligation includes punctual collection of the client from the airport and transportation to the booked accommodation.


2.  Travel contract
(a) Conclusion of contract
The availability of the offers on the IM website is limited and, therefore, can not be guaranteed. Clients may enquire about availability and the associated conditions by contacting IM. Client enquiries are non-binding; enquiries can be made using the contact form, by e-mail, by fax, by telephone or in person at our office. IM will agree all the details with the client and prepare an offer. By making a binding booking for this offer, the client is simultaneously accepting these T&C. Upon receipt of the invoice for the offer, a travel contract is concluded between IM and the client, which commits both contractual parties to fulfil their obligations.

The client is obliged to check the accuracy of the invoice and pay the amount shown on the invoice to IM within the specified payment period. Upon receipt of payment, IM will send a booking confirmation to the client, which states that the accommodation has been booked with the service provider and confirmed in writing. Thus, IM has fulfilled its obligation as an intermediary between the client and the service provider, and the booking process is complete.

If the client notices any errors, deviations or other discrepancies on the invoice or the booking confirmation, the client is obliged to inform IM immediately so that any errors can be corrected as quickly as possible.

Should the client fail to fulfil his obligation to pay within the specified time, the travel contract shall become void. In this case, a booking is not made.

For group bookings, the client who makes the booking is the sole contractual partner of IM. He/she is obliged to fully fulfil the request for payment and ensure compliance with the terms and conditions.

If the client would like to withdraw from the travel contract after successfully booking, cancellation fees will be incurred (see point 4).

(b) Contract amendments
In general, contract amendments must be made in writing and confirmed by both parties. IM is only entitled to deviate from the client's booking specifications if it is not possible for IM to inform the client of the deviation beforehand and ask for their decision. IM may assume, according to prevailing circumstances, that the client will approve the deviation.

In rare cases, IM may have to make amendments to the contract after booking, for example, if a service provider has made amendments to their offer. This may affect the type of accommodation or the arrangement of additional services. Any possible amendments that downgrade the booked service will be communicated to the client immediately. The client has the opportunity to accept these amendments or withdraw from the travel contract.
Should a service provider not inform IM in advance of an amendment to the offer, IM shall not be held liable for possible damages (deterioration of the offer) which the client may have to bear due to an unknown amendment. In this case, (see point 7).

Should the customer want to make an amendment after booking, IM will check whether this amendment is possible and what effects (primarily financial consequences) the amendment will have on the contract. IM will notify the client of their resulting options. 

Contract amendments at the request of the client may not incur any economic loss for IM. For contract amendments, a refund to the client is excluded. In individual cases, it is free for IM to amend these provisions.

Should an amendment ultimately result in cancellation of the booking, cancellation fees will be incurred (see point 4).


3.  Methods of payment
Full payment must be paid to IM prior to the start of the trip. Otherwise, the booking process can not be completed. Once the deposit is received - a partial payment of 50 percent - IM will send an acknowledgement to the client. The client will only receive the final booking confirmation after paying in full.

If a booking is made at short notice (30 days or less before the start of the trip), the full invoice amount must be paid immediately in order to complete the booking process.

Payment must be made by bank transfer. The bank details for IM and the required payment reference will be stated on the invoice that the client receives. This payment reference must be specified when making a payment so that the transfer can be properly allocated. Any possible transfer costs must be borne by the client.

Cash payments are only accepted in exceptional cases. Should a client book at such short notice that the service is used earlier than the transfer process, the customer must pay the full amount in cash (Euros) upon arrival. The travel contract is concluded when IM send the invoice. In this case, it is expressly stated on the invoice that cash payment of the full invoice amount has been agreed and will take place upon arrival. In this case, the client will only receive the booking confirmation once they have made a cash payment on site and subsequently they can move into their accommodation.


4.  Cancellation and rebooking
(a) Cancellation before receipt of payment
Should the customer cancel the service before he fulfils his obligation to pay the invoice amount in due time, he can withdraw from the contract without further consequences by officially notifying IM in the form of an e-mail. IM will confirm this cancellation with the client.

(b) Cancellation/rebooking after receipt of payment
Cancellation of the service after receipt of payment will incur cancellation fees. Depending on the service provider, rebooking may also incur a fee because this is often regarded as a cancellation and a new contract.

Cancellations must be made in writing, signed by the client and sent to IM. This can be in the form of a letter by post, by fax or by e-mail with a scanned PDF. Upon receipt of the cancellation, IM will assess the situation and notify the client of any cancellation fees. The cancellation fees amount to 50 percent of the invoice amount if more than 30 days prior to arrival or 100 percent if less than 30 days prior to arrival.

(c) Cancellation/rebooking for group travel – booking one property
For groups, the same cancellation conditions apply: Cancellation costs amount to 50 percent of the invoice amount for cancellations more than 30 days prior to the arrival date and 100 percent for cancellations less than 30 days prior to the arrival date. Should IM receive amendments once the booking is complete, in the form of reducing the number of people, this will not affect a refund for accommodation that charges a fixed amount per night. For accommodation that charges an amount per person per night, the possibility of a refund must be agreed, in individual cases, with the owner of the accommodation. 

For a significant change in the number of people, it may be possible to rebook for a smaller/larger property. However, this may be associated with cancellation costs.

(d) Cancellation/rebooking for group travel – booking multiple properties
For groups, the same cancellation conditions apply: Cancellation costs amount to 50 percent of the invoice amount for cancellations more than 30 days prior to the arrival date and 100 percent for cancellations less than 30 days prior to the arrival date. Should IM receive amendments once the booking is complete, in the form of reducing the number of people, this will not affect a refund for accommodation that charges a fixed amount per night. For accommodation that charges an amount per person per night, the possibility of a refund must be agreed, in individual cases, with the owner of the accommodation. 

For a significant change in the number of people, a property can be cancelled or an additional property can be booked. IM will discuss the options with the client. In case of cancellation, cancellation costs will be incurred. In certain circumstances, rebooking may be associated with cancellation costs.

(e) Cancellation/rebooking due to non-utilisation of a service
If a client can not take advantage of the service due to illness or an accident, IM must be informed of this before the start of the trip. If the service is not used, this is equal to a cancellation: Cancellation costs amount to 50 percent of the invoice amount for cancellations more than 30 days prior to the arrival date and 100 percent for cancellations less than 30 days prior to the arrival date. However, IM will consider a possible refund of costs and inform the client about their options as soon as possible. IM recommends that clients purchase travel insurance so that this can be used in these types of cases.

(f) Rebooking in favour of third parties
The client can change a booking in favour of a third party before the start of the trip, if sufficient processing time is guaranteed for IM. IM reserves the right to decline the appointment of a third party in the booking. If IM agree the rebooking, the obligations arising from the contract are the responsibility of the replacement person and the client. Both persons are co-debtors.

(g) Cancellation/rebooking as a result of exceptional circumstances
In cases of force majeure, such as natural disasters, IM reserves the right to make an amendment to a service or, in the worst case scenario, cancel the contract. The client will be informed as soon as possible and will be offered any possible alternatives.

IM does not guarantee the reimbursement of costs if the client can not start their journey due to hurricanes and bad weather conditions. If it is impossible for the client to leave due to severe local weather, each additional night will be charged. In this case, some service providers grant reductions but IM can not plan or guarantee this in advance.

(h) Rebooking due to overbooking
In the event that a property is overbooked, the client can demand an immediate solution from the service provider. The client can contact IM for IM to provide assistance. However, IM is not obliged to provide additional services and will not pay the costs of a new property. Overbooking is the fault of the service provider, IM is not liable for this occurrence. In this case, the service provider pays any refund directly to the client, because IM pays the service provider before the client arrives.


5.  Additional services
(a) Services on location
Many service providers offer additional services to the accommodation. If a client requests additional services, IM will check the availability of the service and select appropriate accommodations that offer the requested service. These additional services will be included in the contract and forwarded to the service provider. 
IM does not guarantee fulfilment/execution of additional services because these are the responsibility of the service provider.

(b) Internet access
Most of the properties that IM offers have internet access. The client will receive precise information, on request, during the booking process. Some service providers will charge for use of the internet. IM does not guarantee the functionality and quality of the internet because this is the responsibility of the service provider.


6.  Defects on location, exclusion period and limitation of claims
Should the customer discover defects in the accommodation, these defects should be forwarded to the reception, manager, management or IM immediately, so that they can be remedied as soon as possible.

If a defect can not be remedied during the stay, the client may submit a written complaint (e-mail with a detailed damage report, ideally with photographic evidence) to IM within 30 days of the end of the contract. IM will assess the situation along with the service provider, and will inform the client on how to proceed, which is decided on an individual basis in relation to the situation. A complaint which is submitted within the specified deadline does not guarantee a refund or compensation payment. Should the client, IM and the service provider not come to an agreement, IM reserves the right to resign from the case.

Should the client miss the deadline, this may result in IM not being able to initiate any measures. In this case, the client is not entitled to review the situation.

Any claims by the client due to non-contractual service provision, regarding intermediation by IM, must be settled directly with IM within 30 days of the contractually intended end of the mediated service. In this case, the deadline is not granted when asserting claims against the service provider.

With the exception of claims in tort, claims by the client against IM shall lapse one year after the contractually intended end of the mediated service.


7.  Liability
(a) Liability of IM
IM is not liable for the provision of the service itself, but for the mediation process. When issuing advice and information, IM is liable for proper disclosure to the customer, but not for accuracy of the issued content.
IM assumes full responsibility for fulfilment of the contract so that the client receives their desired accommodation upon arrival. IM's scope of responsibility includes the following services:
1. A proper and reasonable booking process (consultation, preparation, conclusion, booking confirmation).
2. Careful selection of the service provider.
3. Continuous monitoring of the quality and standards of accommodation.
4. Accuracy of the online advertisement on the IM website.
5. Correct fulfilment of the obligations that are stated in the contract.

IM can not be held liable for any damages, losses or problems 
1. in the accommodation
2. during the airport transfer
3. during the rental period of a rental car
that were not caused by intent or gross negligence in the selection of the service provider. 

The accommodation images that appear on the IM website are not binding. IM can not be held responsible for differences between images and accommodation. Similarly, the descriptions that emerge from the title of a property are not contractually binding. They only serve for differentiation and recognition. What counts is the content that IM specifies for the accommodation.

IM can not be held liable for climatic conditions during the client's stay.

(b) Liability of the client
Upon conclusion of the contract, the client is obliged to ensure that the accommodation (the property, the décor, the furniture and other accessories) or the rental car are returned in the same condition that they are found at the start. The client must pay for any damage, breakages or losses that may occur during the stay or during the rental period.
The number of people (adults and children) must not exceed the number of booked beds in the accommodation. The substitution of persons during the stay is not permitted, unless otherwise discussed and documented in writing.

If the client exhibits inappropriate behaviour and the service provider forwards this to IM, IM will review the complaint for legality. Should the complaint regarding accommodation be so extensive that it is incompatible for the client to continue staying in the premises of the service provider, IM will take measures to ensure, in the worst case scenario, that the client is immediately expelled from the premises, without reimbursement of costs.


8.  Passport, customs, insurance and health regulations
The client bears full responsibility for reading up on entry conditions, current security situations and health information. 
The client must have the necessary travel documents prior to departure (where appropriate, a visa is required). All disadvantages to the detriment of the client, e.g. the levying of airport taxes or fines in cases of disregard of the entry requirements, are borne by the client. On request, the client must also be able to present the booking confirmation to customs on arrival.

The conclusion of health, luggage and/or travel insurance is not mandatory but is recommended.


9.  Data protection
IM takes the protection of personal data very seriously. Complying with data protection regulations and protecting the privacy of the client is a matter of course for IM. Client data is only used in accordance with applicable laws or in the context of consent given by the client. The client has the opportunity to revoke their consent at any time.
In general, IM does not pass any personal data to third parties unless they are legally obliged to (e.g. for use by law enforcement authorities).

For a reservation request, IM requires the following from clients: First name and surname, postal address, e-mail address and telephone number. If the client would like an airport transfer, IM requires further information: Arrival and departure dates, airline and flight number.
The owner of the accommodation will inevitably receive the client's data in order to find out who their guest (the client) is, how long the client is staying and which services the client has booked.

IM uses secure data networks, which are protected by industry standard firewalls and by passwords. IM works with safeguards to guarantee protection against modification, loss or misuse of customer data. Only certain IM employees have access to client data. Those employees who have access to this personal data are obliged to observe the Data Protection Act when carrying out their activities. IM will endeavour to do everything it can, organisationally and technically, to protect client data.


10.  Place of jurisdiction
The construction, validity and performance of this travel contract is governed by the laws of Mauritius and the parties irrevocably submit to the competent jurisdiction of Mauritius, and to the limits of private international law. The client can only sue the company in the place where it is based and registered as a company. 

Should the client be sued by IM, the client's place of residence is seen as the place of jurisdiction. If the client being sued is a company, a fully qualified merchant or a trader, the location of IM is the place of jurisdiction, in accordance with international private law.


11.  Invalidity of individual terms
Should one of the above terms be or become invalid, the remaining terms shall still apply. The validity of the contract between the client and IM is not affected.




IM Travel Services Limited
La Salette Road 
Grand Baie
Mauritius


As of: 07.2014
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