TERMS AND CONDITIONS
We thank you for booking your travel arrangement with K Travel SA; K Travel SA (hereinafter “K Travel”) provides exclusive bespoke travel and carries on business as such throughout Africa, Antarctica, Asia, Australia, Europe, the Middle-East, and North and South America. It is registered under company number CHE-300.694.846 at Rue de Lausanne 69, 1202 Geneva Switzerland.
The placement of any booking(s), whether by means of electronic mail or otherwise, shall be deemed to be confirmation that the General Terms & Conditions of Travel have been read and the Guest agrees to be bound be the terms.
1. The scope of these General Terms and Conditions of Travel
These General Terms and Conditions of Travel regulate the legal relations between you (hereinafter “you” or “the Guest”) and K Travel SA, with regards to the travel arrangements organised by K Travel or other services offered by K Travel in its own name.
1.2 Services of third party companies
On the following travel and services, these General Terms and Conditions of Travel do not apply: All «Flight Arrangements» and individual services mediated by K Travel are subject to the general conditions of the responsible airlines and the companies providing the individual services. The contract is concluded directly between you and the mandated companies. K Travel is not liable for the fulfilment of their contract.
Please note that the contract with K Travel and the airline company is only concluded when the ticket is issued. Any fees resulting from a modification made by the airline until the ticket is issued are to be borne by you.
1.3.1 K Travel reserves the right to take photographs during the operation of any tour and use them for promotional purposes. By booking a tour with K Travel, it will be deemed that Guests have consented to the use by K Travel of any photographic image taken of them whilst on tour. Guests who prefer their images not be used should identify themselves prior to final payment to be exempted from the photography waiver clause.
1.3.2 Image courtesy of &Beyond.
2. Application / how the contract between you and K Travel takes effect
The contract with K Travel is concluded upon receipt of your confirmation in writing (e-mail, text message or via our website), by telephone or personally, to the extent that your reservation relates to a travel-specific offer by K Travel. In all other cases, K Travel acts solely as an intermediary for the services provided by third parties, in particular for trips offered by cruising companies or train companies but booked through K Travel.
K Travel is entitled to refuse confirmation within a reasonable time without giving reasons.
Our brochures, advertisements on our website and in other advertising materials are not binding offers.
2.2 Booking for multiple passengers
If you as the booking person book for other passengers, you are responsible for their obligations (in particular for the payment of the travel cost) as you are for your own obligations.
The contractual arrangements and these General Terms and Conditions of Travel are valid for all passengers (also for “substitute participants” in subsection 5.5).
2.3 Name information
You are required, at the time of booking to give your name and the names of the additional passengers, as specified in the passports used for travel. It can be a problem if the names on the travel documents, especially on the flight ticket and visas do not match the name on the passport. This can lead to the refusal of boarding by the airline and you can be liable to additional costs for reissuing the ticket. In this case, unused services are non-refundable, and K Travel is not liable.
3.1 Our Services
3.1.1 Our services are contained in the service description in our brochure, on our website, or the travel description in the travel confirmation. Special requirements on your part, additional clauses, or side agreements are only part of the contract if they are confirmed in writing and unconditionally guaranteed by K Travel.
3.1.2 If other service providers put at your disposal documents that have not been edited by us, or that you draw from the Internet, forums, etc., this information does not bind us in any way.
3.2 Commencement of services
The services of K Travel start, unless otherwise noted in the tour, from the airport in Switzerland, and for sailing trips from port of embarkation.
You are personally responsible for joining the departure point on time, even when K Travel is responsible for arranging travel to the departure point outside our program.
3.3 Name of operating airlines
Due to legal regulations, we are obliged to inform you of the names of the airlines used as soon as they are designated. We reserve the right to substitute a particular designated airline by another airline. In this case you will be notified as soon as possible the name of the new airline.
4. Prices, payment and travel documents
4.1.1 The prices for the travel arrangements are indicated on the K Travel website, a travel proposal or an offer. All prices of our proposals or offers are lump sums and cannot be the subject of any claims. Prices are usually in Swiss Francs (CHF) and include our fee for planning and arranging itineraries, handling and operational charges quoted on the current rate of exchange and tariffs, and VAT at the relevant rate where applicable. The prices are specific to the time of booking for the prevailing prices at the start of travel.
Prices remain subject to change after signing the contract, and subject to revision in the event of significant changes in foreign currency, tariff rates, VAT, taxes, etc. (see section 6).
4.1.2 Our travel services are sold as a complete package. We do not offer pricing breakdowns for tour inclusions. Costs represent a complete package of arrangements and no itemisation of costs will be rendered.
Unless expressly included, all and any cost (without limitation) of obtaining passports, visa, items of a personal nature such as drinks, laundry, telephone calls, communication and excess baggage charges shall be excluded from the tour pricing.
4.2 Age specific rates
Prices that are dependent on the age of the person, for example children discounts, the age at the beginning of the travel (date) determines the price, unless otherwise noted. We reserve the right to recalculate the travel price for providing false information and to invoice any difference, also after the trip has ended.
4.3.1 Unless prior arrangements have been made with K Travel, the Guest shall at all times remain solely liable and responsible for the payment of all invoices issued by K Travel in respect to confirmed reservations, as well as the payment of any cancellation fees due.
4.3.2 Upon concluding the contract, a deposit is required, which can be up to 100% of the price. (Insurance premiums are always 100% payable with the deposit).
4.3.3 The remaining holiday balance is payable no later than 30 days prior to departure. Other payment dates may be agreed, but the journey is always payable in full before departure.
4.3.4 Payment shall be effected by Credit Card or Bank Transfer into accounts as provided at the time of confirmation. K Travel accepts payments by major credit cards (Visa, Mastercard and American Express), which will be subject to an additional charge of 2.35% of the value of the payment charged and will be debited in Swiss Francs (CHF).
4.3.5 If the deposit or the balance have not been paid by the agreed date, K Travel reserves the right to refuse the travel services. In this case, the trip is considered cancelled and cancellation fees are payable in accordance to Section 5.
4.3.6 If a payment by credit card is not honoured, paragraph 4.3.5 shall apply by analogy. If you already are on the journey, the full price is payable. In addition, you are liable to default interest and collection fees.
4.4 Short term bookings
If you book your trip on short notice, the entire invoice amount must be paid upon signing the contract. In addition, Section 4.2 to 4.3.6 apply.
4.5 Booking Fees
We collect the following booking fees, which will be charged to you in addition to the price of your trip (fees per person and per booking):
- Quote / Hotel Booking: CHF 100.00
- Quote / Chauffeur Service Booking: CHF 100.00
- Quote / Helicopter Booking: CHF 100.00
- Quote / Private Jet Booking: CHF 100.00
- Quote / Train Travel Booking: CHF 100.00
- Quote / Cruise Booking: CHF 100.00
- Quote / Car Rental Booking: CHF 100.00
- Quote / Boat Rental Booking: CHF 100.00
- Quote / Villa or Chalet Rental Booking: CHF 100.00
- Visa and E-Visa Request (in addition to consular fees): CHF 80.00
- Modification Fees / Rental or Booking Cancellation: CHF 100.00
- Flight Booking: CHF 100.00
- Booking Modification or Cancellation of Flight: CHF 100.00
- Train Booking: CHF 80.00
- Booking Modification or Cancellation of Train: CHF 80.00
- Ferry Booking: CHF 80.00
- Booking Modification or Cancellation of Ferry: CHF 80.00
4.6.1 Additionally, we charge an agency fee for each quote (Quote for an All-Inclusive Travel Package or Quote for a Travel Itinerary) we submit to you, which amounts to CHF 350.00. This amount will be deducted from your final bill in case of confirmation. It will only be applied if you do not confirm your booking.
4.7 Travel Documents
4.7.1 Unless otherwise agreed, the documents will be issued and delivered by email upon receipt of your payment of the total amount. In general, this is 7 days prior to departure.
If the travel documents (tickets, hotel vouchers, etc.) are not received, you immediately need to inform K Travel.
4.7.2 For short notice bookings, the method will be adapted. The additional effort required can be taken into account in determining the amount of the booking fee.
5. You change your booking, your travel program or you cannot travel (Cancellation)
If you wish to change your booking or cancel the trip, you must notify K Travel in person, in writing by email or by registered letter.
5.2 Processing Fee
5.2.1 An amount of CHF200.00 per person, is collected as a processing fee (see section 5.3) in the event of a change in the booking, e.g. name change, appointment of a replacement traveller, change in the travel dates included in the period covered by the program, additional services booked, the destination of the trip or the place of departure, etc., or in case of cancellation of the trip.
5.2.2 Changes that are made within the cancellation deadlines (section 5.3) are considered cancellations with a simultaneous new booking. If additional costs are incurred, these will be due and invoiced.
5.2.3 In case of modifications or travel changes that are within 30 days prior to departure date, the cancellation conditions (section 5.3) apply.
5.2.4 If you have bought a cancellation insurance (paragraph 5.4), please refer to the insurance policy to find out if these fees are reimbursed by the insurance.
5.3 Cancellation Fees
5.3.1 If you change or cancel your trip you will incur cancellation fees up to 100% of the total confirmed travel package price, if no other agreement has been made in writing. In addition to the mentioned cancellation fees are cancellation costs for flights and/or cruises, as stipulated by the airline or company in question.
5.3.2 Different cancellation fees are indicated each time in the trip offer.
5.3.3 The reception of your communication by K Travel during normal business hours determines the date of change or cancellation; If your cancellation or change is received on a Saturday, Sunday or Bank holiday, the next business day serves as the reference date. This regulation also applies to communications by e-mail, via our website, by telephone answering machine, fax or via other electronic media.
5.4 Replacement traveller
If you have to cancel your trip, you can designate a replacement traveller. He must be ready to accept the contract under the stipulated conditions.
If a replacement traveller agrees to the contract, you and he are jointly responsible for the payment of the total price of the trip and for the handling fees, section 5.2.
K Travel will let you know in a timely manner (likely to be several days during high season) if the indicated replacement traveller can participate in the trip. For journeys involving special conditions of participation, a check is essential.
If you designate the replacement traveller too late or if he cannot take part in the trip due to travel conditions, official arrangements, legal requirements, etc., your departure will be considered a cancellation (section 5.2 ss.).
6. Changes in the tenders, price changes, program changes, changes in the transport field
6.1 Changes before signing a contract
K Travel expressly reserves the right to change the information in the brochures, the specifications, the tenders on web pages, etc., as well as prices prior to booking. Should this be the case, K Travel will inform you before signing a contract.
6.2 Price changes after the contract
6.2.1 Price increases, after the conclusion of the contract, may result from:
- the subsequent increase in transportation costs (including fuel surcharges)
- newly introduced or increased taxes or fees (such as airport taxes, landing taxes, boarding or disembarkation fees, security fees, taxes introduction or increase and government levies, price increases following official measures, etc.)
- foreign exchange rate fluctuations.
If the cost of the service inherent to the journey increases, it will be charged to you. The price of the journey will therefore be increased accordingly.
6.2.2 Price increases will be communicated to you no later than 3 weeks before departure. If the price increase is more than 10 % (based on the total cost of the trip per person), you are entitled to the rights specified in Section 6.4 .
6.3 Program changes, changes in the transport field after booking and before departure
K Travel reserves the right, also in your interest, to change the travel program or individually agreed services (such as accommodation, means of transportation, airlines, flight times, etc.) if cases of force majeure, unforeseen or unavoidable circumstances, government action, strikes etc. require it. K Travel will do its best to offer you replacing services of equivalent quality.
K Travel will inform you as soon as possible of any such changes and their impact on the price.
6.4 Your rights when the tour price increases after the conclusion of the contract or program changes or changes in the transport field are taking place
6.4.1 If the program change or the change of individually agreed services lead to a substantial amendment of the contract, or if the price increase is more than 10 % based on the total cost of the trip per person, you have the following rights:
- You can accept the contract amendment;
- You can terminate the contract in writing within 5 business days upon reception of our communication and the price of the trip already paid will be refunded immediately;
- You can let us know in writing within 5 business days of receiving our communication that you wish to participate in one of the equivalent replacement journeys offered. We will do our best to submit a trip that suits you. If the replacement journey is cheaper, the price difference will be refunded. If it is more expensive, only the price initially agreed will have to be paid.
6.4.2 If we don’t receive any news from you (addressed to us in accordance with the letters b. or c. above), you agree with the price increase, the program change, or the amendment of certain agreed services. The 5-day deadline is met, when you give your letter on the 5th day to the Swiss Post.
7. Cancellation by K Travel
7.1 Cancellations where you are held accountable
K Travel has the right to cancel your trip if your actions or omissions justify this action. In this case, K Travel will refund the price of the trip already paid, further claims on your part being excluded. Cancellation fees according to Section 5.2 ss, as well as any other claim for damages, remain under reserve.
7.2 Unforeseen events, force majeure, strikes
7.2.1 Should unforeseeable or unavoidable events, force majeure cases (e.g. natural disasters, epidemics, and riots), official measures of any kind, or strikes significantly hinder or compromise your journey making it considerably more difficult or impossible, K Travel may cancel the trip. In this case, we refund the price of the trip paid (insurance premiums will not be refunded, respectively remain due). Further claims on your part are excluded.
7.2.2 To decide whether a trip may take place or not, we refer to the recommendations issued by the Federal Department of Foreign Affairs (DFAE) and the Federal Office of Public Health (OFSP), and check whether a concrete threat to the journey or the participants exists. If this is the case or if a concrete risk is to be feared in the future, we reserve the right to cancel the trip.
8. Program changes, service failures during the trip
8.1 K Travel makes every effort to deliver the journey as agreed. Nevertheless, services and program changes are possible. In these cases, K Travel will do its best to offer you equivalent solutions. If the measures taken to remedy the problem result in excessive costs or a disproportionate investment for K Travel, K Travel is entitled to refuse to take them. Any additional costs shall be borne by the traveller.
8.2 If a program or service change are caused by force majeure, K Travel is entitled to refuse to take them. Possible additional costs will be borne by the traveller.
8.3 Should the service or program change affect an important part of the agreed trip, K Travel will reduce any material loss between the price paid for the agreed trip and the amount of the services provided. (see section 11).
9. You start the trip but you cannot finish it, undelivered services
9.1 If you are obliged to terminate the trip prematurely or if you do not use certain services, the price of the travel package, respectively the undelivered services are non-refundable. Any undelivered services will be refunded – after fair deduction of handling fees – provided that they are not charged to K Travel, that these are not totally insignificant services or that no legal or official provision is opposed to reimbursement.
9.2 In urgent cases (e.g., illness or accident of the person concerned, serious illness or death of a close relative), the K Travel travel guide, the local representative of K Travel or the service provider will assist you as much as possible in organising your early return.
9.3 Any costs that may result from transportation, etc. shall be borne by you. Please note that you can conclude a so-called repatriation insurance, which is not included in the price of the trip.
10. If your trip gives rise to claims
10.1 Deadline for Complaint and Request for Assistance
If the journey does not correspond to what has been agreed to by contract or if you suffer any damage, you are required, during your trip, to promptly submit a complaint about the defect found or the damage suffered to the K Travel Guide or your local K Travel representative, and to request that it be remedied free of charge. In the event that no K Travel guide or K Travel representative is on site, you must inform the service provider concerned and ask them to take appropriate action.
10.2 The K Travel Guide, the local K Travel representative, or the service provider will endeavour to arrange for travel in a timely manner. The service provider shall be obliged to provide assistance within a reasonable time. Should such assistance prove impossible or inadequate, you shall be required to obtain from the service provider in question written confirmation of the harm or damage suffered and the lack or inadequacy of the assistance provided. The service provider in question shall be obliged to furnish such confirmation but shall not be authorised to approve any such demands for damage or compensation.
11. Liability of K Travel
K Travel will reimburse you, within the scope of the following provisions, the value of the agreed services which were not rendered or poorly rendered, of your additional expenses or the damage suffered, etc., provided that the guide of K Travel, the local K Travel representative, or the service provider have not been able to offer any on-site alternative service of equivalent quality.
In the case of self-remedy, the additional expenses that you pay will be reimbursed up to a maximum sum equal to twice the trip price per person. The Sections 8.1 and following, as well as the following provisions remain under reserve.
11.2 Liability restrictions, liability exclusions
11.2.1 International agreements and national laws
If international agreements, laws based on international agreements or national laws include limitations or exclusions of compensation for injuries etc. resulting from non-fulfilment or improper fulfilment of the contract, K Travel shall be liable only under these agreements and laws.
International agreements, legislation based on such agreements and national laws of limitations of liability and disclaimers exist predominantly in the field of transportation (such as in aviation, in the navigation on the high seas and rail traffic).
11.2.2 Liability Exclusions
K Travel shall not be liable if the breach or improper fulfilment of the contract is attributable to one or more of the following:
- negligence on your part before or during the trip;
- unforeseeable or unavoidable negligence attributable to a third party who is not a party to the contracted provision of services
- case of force majeure or any event which, despite care and attention, could not have been foreseen or avoided by K Travel, the intermediary or the service provider.
In such cases, any obligation for K Travel to pay damages, to reimburse immaterial damages (frustration damage compensation), to pay compensation for personal measures taken, etc., is excluded.
11.2.3 Personal injuries
K Travel or its service providers are liable for personal harm, death or physical injuries, arising from the non-fulfilment or improper fulfilment of the contract under these General Terms and Conditions of Travel, the applicable international agreements, the laws based on international agreements and national laws.
11.2.4 Other damage (property damage and financial loss, etc.)
For other damages, such as the loss or damage of property, financial loss, etc., arising from non-fulfilment or improper fulfilment of the contract, the liability of K Travel is however restricted to a maximum sum equal to twice the tour price per person, unless the loss was caused intentionally or through gross negligence by the guest or tour participants. Amounts of any such liability shall be subject to lower limits specified by international agreements.
11.2.5 Lack of Rest, ruined Holidays, frustration
K Travel declines all responsibility in case of lack of rest, ruined holidays, frustration, etc.
11.2.6 Valuables, cash, jewellery, credit cards, Photo- / Video equipment, cell phones, etc.
We expressly draw your attention to the fact that you are personally responsible for the safe storage of valuables, cash, jewellery, credit cards, photo and video equipment, cell phones, etc.
In hotels, valuables, etc. are to be kept in the hotel’s main safe. Do not leave these items unattended in a vehicle or any other place.
We are not liable for theft, loss, damage or misuse of valuables, photo and video equipment, cash, jewellery, credit cards, mobile phones, etc.
11.2.7 Car, train, plane and boat timetables etc.
Even when planning trips with the utmost care, we cannot guarantee that schedules will be respected. We assume no liability for delays that may occur due to traffic, congestion, accidents, airport congestion, detours, delays at the border crossing, etc. We strongly advise you to consider possible delays when planning your trip.
11.3 Events during the trip
In addition to the agreed travel program, it is possible to register during the trip to events or excursions offered on site. It is not excluded that such events or excursions carry certain risks and you alone assume the responsibility when deciding to participate. These events and excursions are organized by third parties (services provided by third parties). Therefore, K Travel is not your contracting party and therefore assumes no liability. These are third-party services even if you book them with one of our representatives on site or even if a K Travel guide takes part in it.
It may happen that K Travel organizes excursions, etc., in its own name. In this case, the present General Terms and Conditions of Travel apply.
11.4 Non-contractual liability
For other damages (i.e. not personal injuries), the liability is restricted to a maximum sum equal to twice the tour price per person, provided that international agreements, laws based on agreements, national laws or the present General Terms and Conditions of Travel do not provide liability restrictions or exclusions.
11.5 Statute of Limitations
All claims expire one year after the contractual end of the trip. Shortened limitation periods stipulated in international agreements, laws based on international agreements or applicable national laws, respectively longer limitation periods that cannot be modified by contract, remain under reserve.
12. Returning Home after Arrival
Please take into account possible arrival delays of your flight, train, bus, etc. when planning your private return to your home in Switzerland. Delays upon arrival are always possible, even if the trip is well planned.
The liability of tour operators, transport companies and air carriers is limited. This is why K Travel recommends that you take out appropriate insurance cover, eg. baggage insurance, cancellation insurance, accident and medical travel insurance, complementary repatriation insurance, etc.
14. Entry, visa and health regulations, baggage regulations
14.1 Entry Requirements
Entry formalities and passport requirements are included in the travel offer. This information is valid for Swiss and Liechtenstein citizens. Nationals of other states are kindly requested to announce their nationality at the time of booking, so that K Travel can inform them of the requirements that apply to them.
K Travel considers that no special features such as dual citizenship, statelessness etc. exist
14.2 Schengen States
Schengen nationals traveling from a Schengen State to another Schengen State are not subject to systematic passport checks. Nevertheless, they must be able to present their identity papers at all times. In other words, you must always be in possession of the required ID.
14.3 Visas and travel documents
K Travel shall not be held liable for the issuing or prolongation of any travel documents and visas, you are personally responsible for it. In the event of a cancellation due to the non-receipt or late receipt of a travel document, the Cancellation conditions shall apply.
Visa applications, etc., must always be completed in full. The first and last names are to be displayed as they appear on the passport.
14.4 Registration with authorities
14.4.1 Depending on your travel destination, you must notify foreign authorities in a timely manner (eg. USA: Electronic System for Travel Authorization (ESTA), https://esta.cbp.dhs.gov/, Internet address verified on 28.12.2017). This authorization is imperatively necessary to enter the territory of the country in question. K Travel will inform you of this procedure, but you are responsible for obtaining the authorization.
If you or the persons accompanying you are refused entry to the country or if the authorization cannot be obtained, the unused services cannot be refunded.
The cost for such travel applications or registrations are at your expense.
14.4.2 It is also possible that you will have to fill out other entry forms in the country of your destination, either at the departure airport or during the flight. These documents will be transmitted to the competent authorities. Many airlines put the appropriate forms on their websites so that customers can fill them out in advance.
14.5 Compliance with the entry requirements
The travellers are personally responsible for complying with entry, health and currency requirements. Please check before departure if you carry all the necessary documents with you.
K Travel cannot accept liability for any failure to meet any requirements of entry.
14.6 Refusal of entry
K Travel draws your attention to the fact that repatriation costs are your responsibility if you are refused entry to the country. K Travel also expressly draws your attention to the legal consequences of the illegal importation of goods and other items.
14.7 Baggage Policy
K Travel will inform you about the general luggage allowances. Some airlines charge an extra fee for checked luggage which is not included in the package price. Excess baggage, transportation of surfboards, golf bags, etc., may also incur additional charges. If necessary, these bags are only transported on pre-registration. You are personally responsible for registering.
K Travel is affiliated to the Guarantee Fund of the Swiss Travel Industry. The Guarantee Fund of the Swiss Travel Industry guarantees you the funds you have paid for the booking of your package travel, as well as its repatriation. Detailed information can be found here: www.garantiefonds.ch.
16.1 Before a legal dispute, you should contact the independent ombudsman of the Swiss travel branch. The latter endeavours to find a fair solution to resolve any dispute that may arise between you and K Travel.
16.2 The address of the Ombudsman is:
17. Governing law and jurisdiction
17.1 All legal relations between you and K Travel are subject to Swiss law. The exclusive place of jurisdiction is Geneva.
17.2 The invalidity of individual provisions of the contract does not invalidate the entire contract.
17.3 The above provisions on the choice of law and jurisdiction apply, subject to the provisions of applicable international laws or agreements that cannot be modified by the contract.
18. Original Version
The present General Terms and Conditions of travel are published in English, French and German. In case of discrepancies, French is the authoritative language.