SMART MADAGACAR TOUR – Madavoyages is responsible for the proper execution of your program.
Limited liability company with a capital of 2,000,000 MGA,
Of which the Social Headquarters is located in Lot 10B Imerinafovoany Talatamaty - Antananarivo 105
Registered in the Trade and Companies Registry of Antananarivo under number 2010 B 00763
Holder of NIF numbers 2000050152,
and Statistics No. 79110 11 2010 0 108 09 ,
1. PURPOSE OF THE CONTRACT
The purpose of this Contract is to specify the terms and conditions under which the Service Provider undertakes with the Client to carry out the realization of a tourist circuit of …… days, on the date of……………………… to ………………….., under the customer reference: ……………….whose details of the services are mentioned on the final program sent.
2. CONTRACTUAL PRODUCTS AND SERVICES
The products and services covered by this contract are mentioned in the detailed program, including:
The Local Agency does not sell international flights. The Customer is solely responsible for his delivery to the place of travel
This contract is concluded and accepted for a period of …… …………………from the…………………. au ……………………
Travel program valid until ………………..
4. INTERVENTIONS AND TERMS OF EXECUTION OF THE SERVICE:
The service provider undertakes to provide the Client with all the services necessary for the fulfillment of the purpose of the service for the period indicated.
The service provider will then intervene each time its service is requested according to what is mentioned in article 2.
The Service Provider undertakes to sell the Client the contractual products according to the prices mentioned on the detailed program and the invoice.
The customer expressly acknowledges having read the information relating to the trip in detail.
The Customer undertakes to pay the price corresponding to the confirmation of registration for the provision of services in accordance with the terms and conditions provided herein.
5. RIGHTS AND OBLIGATIONS OF THE PROVIDER:
As part of its mission specified in article 1 of this contract, the service provider undertakes to provide the customer with the services mentioned in detail in the program, in the part "ARE INCLUDED".
The service provider undertakes to honor its obligation to inform the customer concerning the details, protection and safety of travelers and to respond sincerely to all requests for clarification required by the Customer on the content of the services.
6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
The client undertakes to pay the full price of the agreed services in return for the performance by the service provider of its contractual commitments.
7. REGISTRATION AND PAYMENT TERMS
The agreement and confirmation of registration for the proposed trip must be made by any means leaving a written record: by e-mail or by order form, clearly mentioning that the customer gives his agreement for the start of the processing of his file.
A copy of the participants' Passport must be sent to TOUR MALIN MADAGASCAR. If the photocopy of the passport is not sent within the deadlines indicated by the Local Agency, the latter cannot guarantee the proper performance of the reserved services (such as the purchase of domestic flight tickets).
Registration is accepted subject to payment of a mandatory deposit.
A deposit of fifty percent (50%) to sixty percent (60%) of the total price of the circuit is due upon confirmation depending on the seasons and the services requested, including fifteen percent (15%) non-refundable on cancellation fees ( cf article 11) for the cover of the expenses of file, nonrefundable deposits or the regulations in full required by the service providers partners of the Tour Operator TOUR MALIN MADAGASCAR for the realization of the circuit and as confirmation of the reservations.
The balance of the payment must imperatively be settled thirty (30) days before departure on the circuit.
Any registration less than thirty (30) days before departure requires full payment of the price of the circuit, failing which the service provider cannot be required to reserve its services for the priority satisfaction of customer requests.
The service provider undertakes to send the customer a copy of the invoice at the time of the call for the deposit and this invoice will be given on the arrival of the participants in the trip.
The Customer acknowledges having a perfect knowledge of the conditions and logistics of the service provider. He is also aware of the prices charged to date by the latter, as well as the general conditions of sale, registration and payment, as described herein. Any order must therefore take into account what is described in the appendices. Thus, any unsatisfied exceptional request should not engage the responsibility of the service provider. The latter may, however, grant them with or without, depending on the cases left to his discretion, additional costs.
In accordance with banking practice in Madagascar which does not yet support online payments by credit card from abroad, payment of the deposit for confirmation will be made by transfer in SWIFT currency at no cost to us to the credit Account.
The balance of the payment can be settled by bank transfer or in cash on arrival of the customers and according to the exchange rate of the day.
8. PROVIDER'S GUARANTEES
In the context of the present, the service provider undertakes to deliver products that comply with what is provided for in the Contract in kind, in quality, in quantity. The services provided cannot include, in particular, hidden or apparent defects, nor present discrepancies.
The service provider undertakes to take out professional civil liability insurance covering civil liability.
9. CUSTOMER WARRANTIES
The Customer personally ensures, before any departure from his country of origin, to take any personal guarantee necessary to be sufficiently protected against all eventualities, that he is administratively in order with the police, customs and health formalities ( valid passport, possession of the required visa, territory exit authorization(s) for minors, vaccination certificate, recommended vaccines).
The Customer must ensure that his physical condition is suitable for the planned trip. The Local Agency cannot be held responsible in the event of physical insufficiency revealed during the trip.
To this end, each traveler must provide proof of a travel insurance certificate having the territory of Madagascar as an eligible coverage area and guaranteeing at least:
– assistance services for travelers including, in particular, accident, illness and unforeseen assistance, death assistance, cover for medical expenses for emergency hospitalization abroad, cancellation insurance, etc.
– coverage for damage or loss to baggage;
- private civil liability abroad;
– COVID insurance (care, assistance, medication, consultations, evacuation, …)
In addition, the customer ensures the regular payment of the insurance premiums relating to the said guarantees.
Please note us your references and contact of your insurance company:
Reference : …………………………………………………………………………………………………………………
Contact : …………………………………………………………………………………………………………………….
10. THE PRICE OF THE SERVICE
The customer expressly acknowledges having read the information relating to the trip and which was provided to him prior to the delivery of the invoice.
For your information, we mention in all our travel programs what is included and what is not in the price indicated.
The service provider reserves the right to revise its prices both upwards and downwards, in order to take account of variations:
*the cost of transport, linked in particular to the price of fuel;
*fees and taxes relating to the services retained such as landing, embarkation and disembarkation taxes in ports;
* currency rates included in the composition of the cost price
These economic data are retained on the date of establishment of the brochure and/or estimate. In accordance with Articles L 211-12, R.211-8 and R.211-9 of the Tourism Code, the prices provided for in the contract may be revised upwards or downwards to take account of variations in the cost of transport (fuel/ energy), royalties, taxes and exchange rates.
The Customer will be informed of any increase in the total price of the package, no later than 20 days before departure. This increase will apply in full to the part of the price concerned. Any revision of the sale prices will be notified to the Customer in writing.
Please note: child reductions cannot be applied to vehicle rentals and may vary depending on the hotel and the services.
To this end, the service provider may modify the part of the overall travel contract by assigning it the percentage of the variation concerned. Such a modification cannot be made less than thirty (30) days before the scheduled departure.
11. MODIFICATION AND CANCELLATION CONDITIONS:
11.1. Modification and cancellation and interruption requested by the Customer :
Any modification or cancellation must immediately reach us by email.
Any cancellation by the Customer after confirmation entails deductions from the payment according to the following conditions:
• Cancellation occurring within a period of more than sixty (60) days before the start of the circuit entails the retention by the service provider of fifteen percent (15%) of the total price including tax of the circuit; to cover application fees, non-refundable deposits or full payments required by partner service providers of the Tour Operator TOUR MALIN MADAGASCAR
• Cancellation occurring within a period between sixty (60) days up to forty-five (45) days before the start of the circuit entails the retention by the service provider of thirty-five percent (35%) of the total price including tax of the circuit ;
• Cancellation made in a period between forty-four (44) days to thirty-one (31) days before the start of the circuit entails the retention by the service provider of forty-five percent (45%) of the total price TTC of the circuit;
• Cancellation occurring within a period of thirty (30) to fifteen (15) days before the start of the circuit entails the retention by the service provider of fifty percent (50%) of the total price including tax of the circuit;
• Cancellation occurring within a period of fourteen (14) to seven (7) days before the start of the circuit entails the retention by the service provider of seventy-five percent (75%) of the total price including tax of the circuit;
• Cancellation made within a period of less than seven (7) days before the start of the circuit entails the retention by the service provider of the entire price of the circuit.
Requests for travel modification on the substantial elements of the contract such as the change of the trip or the modification of the dates or services after confirmation of registration will be the subject of a feasibility study on a case-by-case basis by the service provider taking into account the amount the costs of providing services incurred on the date of the request. In the event that the service provider is unable to satisfy such requests, they will be considered as a cancellation and will result in the application of the cancellation conditions above.
Any modification of the program made at the request of the customer can only be implemented after agreement from the Service Provider. In this case, the additional costs will be borne by the Customer.
Any shortened trip and/or any service not used voluntarily by the customer cannot give rise to a refund. The customer is required to notify the service provider by any means leaving a written record (email);
Any abandonment of a seat on the outward or return flights cannot, under any circumstances, give rise to reimbursement and the transfer to another flight is likely to involve the payment of a new seat at the normal rate. Indeed, airline tickets are generally non-refundable and/or changeable with fees.
11.2. Cancellation, modification and interruption by the Service Provider
Before departure, changes to the program (dates, times, itineraries, supervision, accommodation, etc.) may occur, for security reasons or events constituting force majeure
Each participant is then informed by email.
If this modification affects an essential element of the program, the participant has the option either to terminate the contract, without obligation of automatic reimbursement and in full of the amount paid to the Agency, or to accept the modification proposed by the service provider. , or transfer up to the amounts paid to another trip of their choice. However, the Customer may not claim any payment of compensation from the Local Agency.
During the trip, program changes (dates, times, itineraries, supervision, accommodation, etc.) may occur due to security or force majeure events. Replacement services are offered to the participant, the resulting price supplements then being borne by the service provider and/or the customer as the case may be. Failing this, and except in cases of force majeure, after a case study, the service provider reimburses the difference in price between the services
The service provider retains the right to substitute in extremis other means of transport for one or more domestic flights for reasons of meteorology and other cases of force majeure, without this being considered as a breach of contract resulting in compensation for the customer.
The service provider may find himself in certain cases obliged to cancel a trip for reasons beyond his control, such as political circumstances, cataclysms, strikes, without his contractual liability being engaged. Nevertheless, if necessary where these events occur before the departure on the circuit, the service provider undertakes to offer the customer various alternative solutions.
In the event that during the trip, TOUR MALIN MADAGASCAR or the guides believe that they are obliged to interrupt the trip for duly justified reasons such as an insufficient level of security. In this case, unless the interruption is due to a case of force majeure, the service provider will reimburse the difference in price between the services provided and those provided; nevertheless deducting the amount of the deposits or reservation price required for the organization of these services not provided.
In the event of cancellation, for any reason whatsoever, the costs outside the trip subscribed to at the Local Agency and incurred by the Customer such as transport costs to the place of departure of the trip and return home (tickets plane, train or bus), costs of obtaining visas, travel documents, vaccination costs, cannot be reimbursed in any way.
12. SERVICE PROVIDER'S RESPONSIBILITY
The service provider's liability is civil and professional towards the Client.
The service provider cannot be held liable in the event of non-performance or poor performance of the contract attributable either to the customer or to the unforeseeable and insurmountable event of a third party unrelated to the provision of the services provided in the contract, or to a case of force majeure. .
Nevertheless, the service provider may possibly study the files depending on the situation without being required to make a compulsory automatic reimbursement.
The service provider acts as the Customer's agent under the marine and air transport contract binding it to the air carrier. It cannot be held responsible for changes in schedules or routes, cancellation of Airline flights (International and / or Domestic). He cannot therefore reimburse these flights, but will assist in the implementation of any modification or reimbursement procedures, although he is often obliged to purchase domestic flights directly upon final confirmation in accordance with the details in the travel program and invoice.
Any delay suffered could not result in any compensation, for any reason whatsoever, in particular because of the modification (independent of our will) of the duration of the program initially planned or delay in a connection. Any costs (taxi, hotel, etc.) not invoiced by Tour Malin Madagascar will remain the responsibility of the customer.
For the purposes of the contract, "force majeure" means any event which is beyond the reasonable control of a party and which makes it impossible for a party to perform its obligations or which makes it so difficult that it can reasonably be consider impossible in such circumstances. Force majeure events include, but are not limited to, the following: Wars, technical incidents, national or international pandemics, protracted political crises, riots, earthquakes, storms, fires, explosions, floods, and other weather disruptions, strikes, lockouts or other industrial actions (except where such strikes, lockouts or other industrial actions are within the power of the party claiming force majeure/confiscation), airspace congestion , theft of airline tickets, insecurity, etc., the events of which were not contemplated at the time of the effective date of the contract.
The following events do not constitute cases of force majeure:
• Events resulting from the negligence or deliberate action of one of the parties and,
• Events that a party acting diligently would have been likely to:
_ take into account when concluding the contract and also
_ to avoid or overcome during its contractual obligations.
In the event of failure of a service provider, if we have to cancel or modify part of the commitments, we will endeavor to modify or replace them with equivalent services.
The Service Provider cannot be held responsible for personal effects that he has not taken charge of or that have not been entrusted to him during your stay in the event of theft, oversights, loss or deterioration.
This contract may be terminated early by either party, in the event of breach of any of the commitments stipulated in this contract.
Termination will take effect one month (1) after the sending of a formal notice which has remained without effect, notified by registered letter with acknowledgment of receipt.
This contract may be terminated without notice in the following cases:
– Dissolution of either party
– Liquidation or insolvency of one or other of the parties (redress, bankruptcy proceedings).
14. REGULATIONS DE DIFFERENDS
Any failure in the performance of the contract, observed on site, must be reported and justified as soon as possible, in writing, by the customer to the service provider concerned, to TOUR MALIN MADAGASCAR or its representative. Any subjective assessment will not be taken into account.
Any complaint relating to a trip must be sent to TOUR MALIN Madagascar by email or registered letter, accompanied by original supporting documents or the written report of our service provider, within 5 years after the date of return. After this period, we will refuse to consider any complaint.
The response time can vary from 15 days to 2 months, depending on the duration of our investigation with hotels or other service providers.
The parties agree that this Contract and its execution will be subject to the legal and regulatory provisions in force in Madagascar.
All disputes arising from the execution or termination of this contract will first be settled amicably. In the event of failure of said amicable settlement procedures, any dispute will be brought expressly before the competent Malagasy Court.