Travel to Madagascar: conditions of sales

It is important that you read and understand the contract that you are entering into when you book a Madagascar Trotter package holiday. Please take a few minutes to read our policy of fair trading.

General travel conditions

Article 1 : Scope of application
These general conditions apply to the contracts concluded for the organisation of excursions and the provision of travel intermediation as meant under the Law, bearing on the terms of the Contract for the Organisation of Travel and Travel Intermediation.

Article 2 : Promotion and Offer
2.1. The information stated in the travel brochure shall be binding on the tour operator or the intermediary travel agent, unless:
a) changes to such information have explicitly been brought to the attention of the traveller, in writing and prior to the signing of the contract;
b) subsequent changes occur in consequence of a written agreement between the individuals that are party to the contract.
2.2. The tour operator and/or the intermediary travel agent may be forced to temporarily suspend or permanently cancel a certain travel offer.
3. The offer in the brochure shall remain effective while availability lasts.

Article 3 : Information by the tour operator and/or the intermediary travel agent
It shall be incumbent on the tour operator and/or the intermediary travel agent:
3.1. to advise the traveller in writing and prior to the signing of the travel contract or to the provision of travel assistance:
a) of all general information concerning passport and visa requirements and of all formalities pertaining to health precautions that are required for the trip and subsequent sojourn, in order to allow the traveller time to arrange for the needed documentation in that respect. Travellers are well advised to inquire with the competent authorities what kinds of formalities they need to complete;
b) of information regarding the content of and procedures for taking out cancellation insurance and assistance insurance;
3.2. The traveller must be advised in writing of the following information, at least 7 calendar days prior to departure:
a) operating schedules and stop-overs or connections and, where possible, the seat to be occupied by the traveller;
b) name, address, and telephone / fax number of either the local representative of the tour operator and/or the intermediary travel agent, or the local agencies that are in a position to give assistance to the travellers in case of problems, or of the intermediary travel agent or the tour operator directly;
c) in case of excursions and sojourns abroad by minors, the information on how to establish direct contact with the child or with the individual who in loco is responsible for the latter’s well-being during his or her stay abroad. The term of 7 days mentioned in the previous paragraph is not applicable in case a contract has been signed at the last minute.

Article 4 : Information required from the traveller
It shall be incumbent on the traveller to provide the tour operator and/or the intermediary travel agent with all useful information that is explicitly requested of him. When the traveller provides erroneous information, resulting in additional expenses for the tour operator and/or the intermediary travel agent, such additional costs may be charged to the traveller in question.

Article 5 : Procedure for signing the contract
5.1. On booking a trip, it shall be incumbent on the tour operator and/or the intermediary travel agent to issue the traveller with an order voucher, conform to legal provisions.
5.2. The contract for the organisation of the excursion shall become effective at the moment when the traveller, whether or not through the assistance of his travel agent acting as his intermediary with the tour operator, receives confirmation of the reserved trip.
5.3. In the event that the content of the order voucher deviates from the content of the travel confirmation, or if confirmation is not given at the latest within 21 days following the signing of the order voucher, the traveller may assume that the booking for the trip was not made and he shall be entitled to an immediate refund of all sums already paid in advance.

Article 6 : Price of the excursion
6.1. The price agreed upon in the contract is fixed and all statutory services are included therein, barring the occurrence of a clear material error.
6.2. The price agreed upon in the contract may be adjusted upwards or downwards, up to and including 21 calendar days prior to departure, provided the adjustment is the result of a change in:
a) the exchange rate applicable to the trip, and/or
b) the transportation costs, including therein the fuel costs, and/or
c) levies and taxes for certain services.
6.3. If an increase in costs exceeds 10% of the total price, the traveller shall be entitled to cancel the contract without being liable for the payment of an indemnification as a result. In this case, the traveller shall be entitled to the immediate refunding of all sums that he has paid to the tour operator; the price adjustment shall be proportionally applied to that part of the trip which is subject to review.
Prices shall be calculated on the basis of effective current rates and exchange rates pertinent to the sojourn and other services provided in the foreign country to be visited; further on the basis of transportation rates that were known, and in particular on the basis of fuel costs for transportation by charter flight, calculated over the known monthly average.

Article 7 : Payment of the trip
7.1. Except in the event of leases, or if explicitly agreed upon otherwise, the traveller shall on his signing of the order voucher pay 30% of the total price of the trip as an advance deposit.
7.2. Unless stated otherwise on the order voucher, the traveller shall pay the balance for the excursion at the latest one month prior to departure, and on condition that he shall in advance or at the same time receive the written confirmation for the trip and/or the travel documents.
7.3. In the event that the traveller books his trip within 1 month of the departure date, he shall be required to pay the full amount at the time of booking.

Article 8 : Transferability of the booking
8.1. The traveller shall be allowed, prior to his departure, to transfer his trip to a third party, who in turn shall satisfy all conditions of the travel contract in question. It shall be incumbent on the original traveller (transferor) to give timely notice of this transfer to the tour operator and, case pertaining, the intermediary travel agent.
8.2. The transferor and the transferee shall remain jointly and severally responsible for payment of the total price for the excursion and of the expenses incurred by the transfer.

Article 9 : Other changes requested by the traveller
In the event that the traveller shall request other changes, the tour operator and/or the intermediary travel agent shall be entitled to charge him accordingly for all resulting extra costs.

Article 10 : Changes by the tour operator prior to departure
10.1. In the event that, prior to departure, one of the important conditions in the contract cannot be met, it shall be incumbent on the tour operator to inform the traveller accordingly, and in any event prior to departure, and to advise him about his right to annul the contract without incurring any costs, unless he is prepared to accept the change proposed by the tour operator.
10.2. It shall be incumbent on the traveller to inform the tour operator or the intermediary travel agent as soon as possible of his decision in this respect, and in any event prior to departure.
10.3. If the traveller decides to accept the change, a new contract or an addendum shall be drawn up, mentioning the said change and its impact on the price for the trip.
10.4. Should the traveller refuse to accept the change, he shall be entitled to invoke application of article 11.

Article 11 : Cancellation of the contract by the tour operator
11.1. In the event that the tour operator, prior to departure, cancels the contract for reasons that are not attributable to the traveller, the latter shall have a choice between:
a) either accepting a new offer for a trip of equal or superior quality, without payment of a supplement; if the excursion proposed as a substitute is of an inferior quality to the original trip, the tour operator must refund the difference in price as soon as possible;
b) or demanding the immediate refund of all sums paid by him on the original contract.
11.2. The traveller shall also be entitled, case pertaining, to claim indemnification for breach of contract, unless:
a) the tour operator has cancelled the trip because he failed to sign up the minimum number of participants as stipulated in the contract and required to proceed with the trip, and he accordingly informed the traveller in writing, within the term provided in the contract and at least 15 calendar days prior to departure;
b) the cancellation was caused by force majeure, excluding overbooking. By force majeure is meant abnormal and unforeseen circumstances that are beyond control of the individual that invokes their occurrence and whose consequences could not in any event have been avoided in spite of all precautionary measures.

Article 12: Partial or complete failure to execute the trip
12.1. In the event it should appear in the course of the trip that a significant segment of the services stated in the contract cannot be performed, it shall be incumbent on the tour operator to take all steps to offer the traveller, without extra expense, suitable alternatives in order that the trip may proceed.
12.2. If there is a difference between the anticipated and the actual services provided, the tour operator shall compensate the traveller to the amount of this difference.
12.3. In case such an arrangement is not feasible, or if the traveller refuses to accept such alternative substitutions for good cause, it shall be incumbent on the tour operator to place an equivalent mode of transportation at the traveller’s disposal to return him to the place of departure. Case pertaining, he shall compensate the traveller for the inconvenience suffered.

Article 13 : Cancellation of the contract by the traveller
The traveller shall be entitled at all times to cancel the contract either partially or in its entirety. In the event the traveller terminates the contract for his own reasons, it shall be incumbent on him to compensate the tour operator and the intermediary travel agent for the losses they may suffer as a result of his action.
This compensation may be established as a fixed sum and shall not exceed the one-time price of the trip.

Article 14: Liability of the tour operator
14.1. The tour operator shall be responsible for the proper execution of the contract, conform to the expectations that the traveller may reasonably entertain based on the provisions with respect to the trip organisation as stated in the contract, and he shall assume liability for the obligations resulting from the contract in question, irrespective of whether such obligations are incumbent on himself or on other service providers, and such without prejudice to the right of the tour operator to hold the latter accountable for such services.
14.2. The tour operator shall remain equally liable for acts of negligence committed by his representatives in the performance of their duties as for his own acts and shortcomings.
14.3. Should an international treaty be applicable to a service included in the travel contract, the tour operator’s liability shall, case pertaining, be excluded or limited, pursuant to the terms of that treaty.
14.4. In so far as the tour operator does not himself provide the services mentioned in the travel contract, his liability for material losses and the compensation for loss of travel enjoyment shall jointly be limited to twice the amount of the travel fee.

Article 15 : Liability of the traveller
The traveller shall be held liable for the losses incurred by the tour operator and/or intermediary travel agent, their personnel or their representative as a result of a fault committed by him, as well as in case of his failure to abide by his contractual commitments. The fault shall be judged on the basis of what is considered a traveller’s normal conduct.

Article 16 : Lodging complaints
16.1. Prior to departure
Prior to the execution of the travel contract, the traveller must as soon as possible submit any complaints to the intermediary travel agent or the tour operator, by registered letter or notice against receipt.
16.2. During the trip
During the execution of the travel contract, the traveller must as soon as possible lodge complaints in loco, in a suitable and substantiated form, in order that a solution for the problem may be found. To that end, he shall address himself – in this order – to a representative of the tour operator, a representative of the intermediary travel agent, directly to the intermediary travel agent himself, or, finally, directly to the tour operator himself.
16.3. After the trip
In the event that the complaint was not satisfactorily dealt with on the spot, or if it was not possible for the traveller to formulate a complaint in loco, it shall be incumbent on him to lodge his complaint at the latest one month following the travel agreement with the intermediary travel agent or, otherwise, with the tour operator, by registered letter or by notice against receipt.

Article 17 : Travel disputes
17.1. A “dispute” occurs when a complaint cannot be settled amicably, or is not resolved within 4 months from the conclusion of the travel contract, or from the scheduled departure date in cases where the travel contract was never executed.
17.2. Every dispute arising out of this contract and following the conclusion of a travel contract as meant in article 1 of the present general conditions and wherein the traveller is involved, shall be heard exclusively by Malagasy ordinary court.

Special conditions

Article 1: Acceptation of the general travel conditions
A booking act shall lead to your acceptance, in their entirety and without reserve, of our general and special conditions of sales made available to you on the site.

Article 2: Promotion and offer
Any photographs or illustrations made available on the site are for your information and non-contractual; and we cannot be considered responsible for any inaccuracy. These informations are believed to be correct to the best of our knowledge at the time of publication, but no guarantee can be given that they will not change before the commencement of, or during, the holiday to which they refer. However, Madagascar trotter commits itself to make any effort to ensure that the information present on the website that refer to the offered services are accurate and updated.
Our hotel descriptions sometimes refer to tourist board categories or star ratings, these are to be used as a guide only. We shall not be responsible if any hotel fails to conform to the grading criteria or indeed withdraws from any rating scheme.
The type of room required must be specified at the time of booking:
- Shared rooms: double (double bedded rooms), twin (2 single beds), triple ;
- Single rooms: with payment of an extra charge.
Single rooms, despite the payment of an extra charge, are badly located and smaller than double rooms. Triple or quadruple rooms are standard double rooms with additional bedding. Thus Madagascar trotter recommends to families of four persons to take two double rooms.
Arrangements for our holidays are made many months in advance and changes to itineraries or hotels for example, are sometimes unavoidable. Most of these changes will be of a minor nature and we will endeavour to keep you informed.
Please remember that some hotel amenities (e.g.: lift, swimming pool,...) require servicing or cleaning and may not be available at all times. Some services may be affected by weather conditions and their availability is entirely at the discretion of the provider of this service. Any entertainment provided by the hotel is subject to demand and its nature/frequency may be varied if there is a lack of demand or insufficient guests staying at the hotel. Note not all hotels included entertainment in their package.

Article 3: Passport, visa, and insurance
It is your responsibility to be in possession of a valid passport and any necessary visa for the holiday. As passport and visa requirements vary, before your holiday, you are advised to check any entry requirements with the consulate of the country to be visited and of any country to be travelled through on your holiday which you should ensure you are aware of.
You are responsible for completion of any other personal arrangements which may be necessary such as currency and medical requirements.
Madagascar trotter would recommend that you take out an insurance policy to cover the cost of cancellation by you, the cost of curtailment of your travel arrangements, the cost of assistance/repatriation in the event of accident or illness, and baggage loss. This insurance must be valid from the date of booking and for the duration of your holiday with us.
This insurance policy is available at your travel agency or your airline company or on the site http://www.elviatravel.com.
It is important, if you have any existing medical problem that you receive a doctor’s letter allowing you to travel and if appropriate, advise the insurers prior to travel.

Article 4: Price
All of our prices are defined in euros. The prices indicated in euros shall be deemed to be inclusive of all taxes. Rates are calculated per person based on 2 persons sharing a double/twin room.
They do not include : eventual government taxes, optional insurances supplementary to our civil liability insurance, airport taxes, passport and visa fees, personal expenditures (petty cash, drinks, extras, laundry, telephone calls, fax, deposits for loan of individual material), excess baggage fees, bails, any fines and penalties resulting from a violation of the host country’s laws, excursion not mentioned in the booking form, tips and any other items not specifically mentioned in the booking form.
A half board holiday means that your breakfast and evening meals is included in the price of your accommodation/holiday package. A full board holiday includes three meals per day per person with the accommodation. Drinks, including mineral water, are chargeable extras, except specifically mentioned in the brochure. For an all inclusive option, the prestation ends after the lunch of the departure day.
Prices quoted on the website are calculated on the basis of costs and exchange rates as at Decembre 2010 when 1 Euro = 2,798 Ariary. These prices may go up or down to allow for variations in the exchange rates applied to the particular tour, the transportation costs or Government actions such as changes in VAT. Changes will be made known to you before you book.

Article 5: Payment terms
You agree to pay the deposit of 30% by direct bank transfer when submitting the booking form to Madagascar trotter.
Payment of the remaining holiday price after deducting the deposit as expressed in the confirmation invoice will be due at least 30 days before the commencement of the holiday.
Any booking made within 4 weeks of the commencement of the holiday must be accompanied by payment of the holiday price in full.
A fee of 30 Euros per person is charged to cover administration costs for any booking made within 10 days prior to the commencement of the holiday.

Article 6: Changes to your booking
If you want to change any of the travel arrangements specified on your booking form, you must inform Madagascar trotter in writing by e-mail, fax or registered letter as soon as possible. If the changes do not materially alter the cost to Madagascar trotter of providing the holiday and you have paid the deposit or the full amount of the holiday price, Madagascar trotter will do all it reasonably can to accommodate you new requirements.
An alteration fee of 30 Euros per person will be charged for any such change to cover administration costs except within 30 days of the commencement of the holiday when any such request will be treated as a cancellation in accordance with clause 8 below.

Article 7: Cancellation by you
If you wish to cancel the holiday after your booking has been confirmed, you must inform Madagascar trotter in writing by e-mail, fax or registered letter, with acknowledgment of receipt, as soon as possible.
If you do cancel, Madagascar trotter reserves the right to charge you a cancellation fee based on the following scales:

Time period before the commencement of the holiday	Cancellation fee
More than 42 days	Deposit in full
29 to 42 days	30 % of the holiday price
15 to 28 days	50 % of the holiday price
08 to 14 days	75 % of the holiday price
Less than 07 days	100 % of the holiday price

No refunds for cancellations made on or after the date of commencement of the holiday can be given.

Article 8: Cancellation by us
In the event that the minimum number of participants is not reached, Madagascar trotter reserves the right to cancel the excursion and you shall be informed at least 15 days prior to the commencement of the holiday.

Published: Februar 2010.

Conditions of sales

5029 Total downloads.
Last download: 06/02/2012 00:41:17