Dear Client, we dedicate ourselves to organising and providing excellent breaks and holidays.
The following terms and conditions govern the contractual relationship between you and Kora Travel. You can be confident that we will do this regardless of our obligations and use everything in our power to make the journey as pleasant experience as possible. The following “Terms and Conditions” apply to tours where KORA TRAVEL acts as organizer. If an external service provider is used then their terms and conditions apply.
1. The contract
Your booking is with the Agency KORATRAVEL and the travel contract is binding. The booking may be made in writing, orally, by telephone or electronically. The contract is concluded with the receipt of our acceptance, which is communicated to you in the form of a written travel confirmation and invoice.
2.1. We ask you to pay a deposit equal to 20% of the price of the contract after receipt of the booking confirmation and invoice.
The agreed balance is to be received into Kora Travel bank account no later than 3 weeks prior to departure. The travel documents will be sent to you or handed over after payment of the balance of the tour price as per the agreement. Both deposit and final payment must be paid directly in cash or bank transfer to the designated account. This applies to individual and group bookings.
2.2. If the agreed payment amount is not fully paid by the specified date the tour operator is entitled to withdraw from the contract and to claim damages, as mentioned under point 5.
The services described in the offer or the information contained in the travel confirmation forms our contract with you. The information contained therein is binding with the tour operator. However, the tour operator reserves the right to make changes to the contract, for valid reasons. Any changes will be notified.
4. Service and Price changes
Changes or alterations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which have not been brought about by the tour operator in good faith, are only permitted if the changes or deviations are not substantial and do not affect the overall form of the tour. We reserve the right, for example, in the event of an increase in transportation costs, in the case of tax increases of certain services such as Port charges, or in the case of a change to the current exchange rates for the trip in question, a change to the extent of which this increase per person or per seat affects the price. In the event of a subsequent change in the price we will inform you, no later than 21 days prior to your departure. If the price increases by more than 5% or in the case of a substantial change in an essential travel service you are entitled to withdraw from the contract or to demand a similar hotel(for example) at no extra charge. We will notify the traveller immediately of any changes.
5. Cancellation of the tour, transfers, changes to personnel
5.1. You can cancel at any time prior to departure of the trip. You must declare the cancellation in writing. We will confirm receipt of the notice of cancellation. The traveller can either have the deposit returned following 5.2 conditions or use it against an alternative tour.
5.2. If you cancel, we will apply the following cancellation fees per person:
*If you have to cancel up to 31 days before commencing travel there is a cancellation fee of 20%
* If you cancel up to 30 days before departure the 30% of the price.
* If you cancel up to 24 days before departure 40% of the price.
* If you cancel up to 17 days prior to departure 60% of the price.
* If you cancel up to 10 days before travel date 70% of total invoice.
* If you cancel 7 days or less prior to departure 80% of total invoice.
* If you cancel 24 hours prior to departure 100% of total invoice.
5.3. For all types of travel we charge an administration fee of €50.00 per traveller if you are prevented from participating:
• Sudden hospitalization, serious accident, death, severe property damage or if such an event involves a member of your immediate family or friends.
It will be necessary to provide the appropriate documents as proof.
5.4. Any changes made by the traveller to the original contract within 31 days of departure will incur a 50.00€ modification fee. This applies to changes made to personnel and name of tour.
6. Cancellation by the tour operator
The tour operator may cancel in the following cases prior to or after the commencement of the tour
• Without notice if the traveller interferes in anyway with the execution of the tour despite a warning by the tour operator.
Should this happen the tour operator is under no obligation to refund any costs of the remaining tour, or the costs of repatriation.
• Up to 4 weeks prior to departure, if we fail to meet the minimum number of required clients, it may be necessary to cancel the tour. In this event we will notify you immediately and refund the tour price.
7. Termination of the contract due to exceptional circumstances
If Force Majeure should happen then either the tour operator or the client can cancel the contract
Force Majeure, means that we will not pay you compensation if we have to cancel or change your arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute (for example, the disruption or closure of airports or other transport systems), terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions. In the unlikely event of the cancellation/postponement of the tour for whatsoever force majeure reason, Kora Travel cannot be held responsible in any way for any monetary loss, inconvenience or any other circumstances. If this happens during a tour any extra costs that should occur, then these costs will be divided between both parties. If this should happen 48 hours or less before the commencement of travel, Kora Travel will have to cover its outstanding costs before traveller refund.
8. Liability of the tour operator
As part of the due diligence, the tour operator is liable for:
• The travel itinerary.
• The selection and monitoring of service providers.
• Delivery of the agreed contract between traveller and Kora Travel
• The accuracy of the description specified in the itinerary of all travel services, unless in accordance with para. 4 has been declared a change in the prospectus prior to closing.
•We are not liable for any inaccurate information supplied by hotel, ferry or local services over which the tour operator has no influence.
9. Limitation of Liability
9.1. The contractual liability of the tour operator for damages other than personal injury is limited to three times the tour price, provided that the damage to the traveller was caused intentionally or through gross negligence. However if the injury or damage is sustained by a service provider or third party then Kora Travel is not liable.
9.2. A claim for damages against the tour operator due to political changes is not possible, according to the international treaty/agreement
If the tour operator incurs extra ordinary additional costs whilst on the tour, for example having to book flights instead of a road journey, then those costs must be paid for by the traveller.
11. Duty to Cooperate
11.1. The traveller is obligated to behave in a responsible manner and respect their fellow travellers, all local customs and cultures.
If there is a problem or complaint the traveller is obligated to notify the tour operator or the service provider immediately to ensure that the opportunity to remedy is given. Travel companions of groups are not entitled to recognise claims. If the traveller fails to notify a defect no claim can be accepted. The tour operator is not responsible for loss or damage to luggage or any personal belongings.
11.2. The travel documents should be received by the client no later than 7 days before the departure of the tour. If this does not happen the client must immediately contact the tour operator.
12. Exclusion of claims, statute of limitations
If the traveller has a complaint during the tour then this must be immediately brought to the attention of the tour operator for the opportunity to rectify.
In the unlikely event that your complaint is not resolved locally, please notify Kora Travel in writing within 14 days from the end of your tour.
13. Passport, visa and health regulations
The tour operator is responsible for informing travellers about passport, visa and health regulations as well as any changes prior to departure. The traveller is responsible for compliance with all travel regulations. All disadvantages, in particular the payment of cancellation fees, that arise from non-compliance with these regulations shall at the travellers expense, except if they are caused by incorrect information from the tour operator.
The traveller can sue the tour operator in the court of Malaga. In the existing contractual relationships, in Spanish law. In proceedings of the tour operator against the traveller, the residence of the traveller shall prevail, unless the suit is directed against entrepreneurs or persons who have transferred their residence or habitual residence abroad after conclusion of the contract, or whose domicile or habitual residence at the time the action is not known. In these cases, the court of the tour operator shall prevail ie Malaga