TERMS & CONDITIONS
The contract is between LILON TRAVEL – hereinafter also referred to as ‘the Tour Operator’, ‘we’, or ‘our’ – Alte Schoenhauserstrasse 9, 10119 Berlin, Germany – and the ‘Client’ – hereinafter also referred to as ‘you’, or ‘your’– The person whose signature and details appear on the booking form. These Terms & Conditions apply to all of our tours, unless stated otherwise.
The Contract is composed by – (1) These conditions of contract, (2) The specific itinerary for the tour on which the client has booked, (3) the application booking form, all of which are hereby incorporated, and shall constitute the entire contract between the Tour Operator and the Client. The Date of Departure – constitutes the date of commencement of the tour. Force Majeure – constitutes unusual and unforeseeable circumstances beyond the control of the Tour Operator, the consequences of which could not have been avoided, even if all due care had been exercised.
1. Registration, Confirmation & Contract
1.1 To make a booking for a standard guided tour with the Tour Operator, the Client must send a completed booking form for himself/herself and all fellow travelers booked on the tour. The booking of the Client is also binding for all other participants stated in the reservation form by the Client. Contractual obligation for these others applicant are treated equally as the Clients own legal obligations, unless expressed otherwise in writing.
1.2 Upon receipt of the reservation form, the Client shall receive a written confirmation, including all necessary details of the booked tour. In case of changes to the itinerary or other conditions of the initial booking, the Tour Operator shall notify the Client of such changes in the booking confirmation. In that case the booking confirmation shall be treated like a new offer, to which LILON TRAVEL is legally bound for 10 days. The contract shall be binding, either upon written confirmation of the Client, or upon payment of the tour price by the Client.
1.3 The Client may also book a tour via telephone. In that case the Tour Operator accepts such an reservation by sending and email to the Client confirming the exact details of the tour booked, including general Terms & Conditions.
1.4 The Tour Operator reserves the right to return the deposit to the Client and refuse acceptance of the Client’s application/deposit. The Contract, once binding, is subject to the following terms and conditions.
2. Price & Services
2.1 The scope of services offered on a booked tour results from the contract (Booking confirmation, Terms & Conditions), the information on the website (lilontravel.com), and any customized offers made to the Client. Any deviations from this must be confirmed in writing.
2.2 Duration of the tour with exact start and end dates is based on the information provided the booking confirmation send by the Tour Operator to the Client.
2.3 Airline tickets and other means of transportation are only valid on the dates indicated and are not transferable to any another person. If the Client decides to change date, time, or rerouting of the booked tour/trip, LILON TRAVEL will make all efforts to submit to the Clients wishes. All costs of such changes have to been borne by the Client.
2.4 If the Client wishes to waive one or more of the services included in the tour, LILON TRAVEL may grant partial refund to the Client only if LILON TRAVEL can be appropriately refunded for such services by local service provider. A claim hereto does not exist.
2.5 Unless stated otherwise, all prices are quoted per person, in double room, sharing the room with another client paying the full amount of the service/tour to the Tour Operator.
3. Payment Conditions
3.1 Upon confirmation by the Tour Operator, the Client receives and invoice as well as Travel Price Security Certificate, a certificate issued by a German Insurance Company which secures the Client’s payments to LILON TRAVEL according to § 651 k Abs (German Law) against possible insolvency of LILON TRAVEL.
3.2 A deposit of 20% of the total price is due within one week after receipt of the confirmation. Payment Method and details – wether by Paypal, Credit Card or Bank Transfer – will be communicated to the Client upon confirmation. The Client needs to pay possible travel insurance fees within the due time (usually within one week after receipt of the booking confirmation). It is the Client’s obligation to check with his/her Travel Insurance provider for exact information on due times.
3.3 Interim payments might be necessary in circumstances, where certain services such as flights etc. will have to be secured in advance.
3.4 Special booking conditions apply to all our customized tours, depending on size, scope and itinerary of the tour you book, and will be communicated to you after your booking request has been received by us.
3.5 The balance of the total tour price is due – (1) 40 days before departure, and (2) as soon as the tour operator has confirmed that the journey will be is carried out. Payment is due without a separate invoice, or further travel documents, and will have to be transferred to the account stated in the initial booking confirmation. In case the Client books a tour less than 40 days before departure, the total tour price is due immediately, unless agreed otherwise (by email communication between the Client and the Tour Operator).
3.6 If the agreed payment has not been made in full by the Client at least 21 days in advance, even after multiple reminders, the Tour Operator may cancel the contract and claim damages, for up to the amount stated in the cancellation conditions below, or the amount of costs already incurred for the travel arrangements of said Client.
3.7 In the event of delayed payment, the Tour Operator may charge a handling fee of EUR 30.00 (ie for express delivery of travel documents), as well as a reminder fee of EUR 10.00. If the cost incurred to the Tour Operator exceeds these standard fees, theses costs may likewise be claimed from the Client.
3.8 Upon receipt of the invoice send but the Tour Operator all rebooking, cancellation costs as well as other costs of cancellation incurred to LILON TRAVEL shall be due.
3.9 In case the tour price is paid via international bank transfer, the Client must make sure that the full amount of the Tour Price is received by the Tour Operator, after all bank transfer charges have been deducted.
4. Cancellation Conditions – Client
4.1 The Tour Operator will have to cover most costs of the tour (hotels, domestic flights, bus, etc.) before the actual date of departure. The client thus agrees to full payment of the tour 40 days in advance. In case of cancellation by the Client, the cancellations will have to be submitted in writing and be made by the person who signed the booking form. Following conditions apply
4.2 Deposits are non-refundable. If you cancel your booking, cancellation charges will be imposed as shown below:
a) 40 days or more prior to departure – loss of deposit
b) 40-30 days before departure – 30% of tour cost
c) 30-15 days before departure – 60% of tour cost
d) Less than 15 days – 100% of tour cost
The Tour Operator might deviate from these condition, in case there is a way to cover or incurred costs with another Client.
4.3 Any payments made by LILON TRAVLE for domestic flights are non-refundable.
4.4 Once the Tour starts, no refund will be granted for unused portions or parts of the pre-booked tour or extra services. If the Client decides to make short term alteration to the pre booked tour, such changes will be entirely at the Client’s expense and liability. The Client shall communicate in writing the reason for leaving to the tour.
5. Cancellation Conditions – Tour Operator
5.1 The Tour Operator reserves the right to cancel the Client’s tour, however, the Tour Operator will normally not do so unless forced by virtue of unforeseen circumstances such as flight cancellations, civil or political unrest, ‘force majeure’, or on group tours where minimum numbers have not been reached.
5.2 In the event of cancellation caused by unforeseen circumstances such as ‘force majeure’, civil or political unrest or flight cancellations, the Tour Operator shall only reimburse funds that it can retrieve.
5.3 In the event of cancellation caused by a group not reaching minimum numbers (an amount which will be determined by the Tour Operator), the Tour Operator shall notify the Client not less than 40 days prior to departure that the minimum number has not been reached and that the tour is cancelled, in which case the Tour Operator will offer the Client an alternative tour of an equivalent or lesser price. If not accepted by the Client, the cost of the tour will be reimbursed.
5.4 Upon booking a tour with LILON TRAVEL, the Client agrees comply at his/her own expense with all legislation, visa requirements, and immigration, customs and foreign exchange regulations of the countries visited, and shall personally be held liable for not doing so. Should there be any failure to comply with state laws, or any requirements and regulations subject to the provisions of this Contract, the Tour Operator shall have the right to require the Client to leave the tour without recourse to refund or other compensation. The tour Operator may cancel the contract if the Client endagers the course of the tour or poses a security threat to other co-travelers by inproper behaviour. The tour operator may terminate the contract if the Client repeatedly acts against the directions of the tour leader or state authorities.
5.5 In the event of cancellation, the Tour Operator will not accept liability for any incidental expenses that the Client may incur as a result of cancellation, or for any other loss or damages whatsoever caused by the cancellation. In all cases it is up to the Client to have suitable insurance to cover any additional losses not covered by the Tour Operator’s reimbursement policy.
6 Modifications of Service & Prices
6.1 Modifications from the initial tour itinerary or other booked tour details, after this contract has gone into effect, are only permitted if they do not significantly alter the overall character of the trip, or have been provoked by external circumstances. The Tour Operator must act in good faith and with due diligence. Any warranties remain unaffected if modified service provided is flawed. The Tour Operator is obliged to inform the customer about substantial changes to the booked tour, without any delay. If appropriate the Tour Operator will offer the Client the possibility to rebook free of charge, or grant cancellation free of charge, provided that the major change is not due to flight cancellations, civil or political unrest or ‘force majeure’ or any other reason beyond the control of Tour Operator.
6.2 The Client acknowledges that itineraries are usually planned months in advance, and minor changes in the itinerary may occur. The Tour Operator shall communicate any such changes as soon as they occur to the Client. The Client furhermore agrees that the nature of the tours offered by LILON TRAVEL require a degree of flexibility with respect to contents and timings of the tour (arrival times, route changes or method of transport during a given tour day) may be a result of ‘Force Majeure’, weather, local political conditions, natural disasters (including landslides, quakes and severe flooding), strikes, entry or border difficulties, mechanical breakdowns, flight cancellations, sickness or other unforeseen circumstances. The client agrees to accept that LILON TRAVEL cannot be held responsible for delays and alterations in the schedule, or for expenses incurred as result of any delay or alterations arising from any such circumstances.
6.3 Prices quoted by the Tour Operator are subject to change, in case – (1) The costs of the Tour Operator increased from the time of booking and start of the tour, – (2) in case that booking of the tour has occurred at least 4 months prior to beginning of the tour, and (3) that price changes have been unforeseeable.
6.4 The price of the tour will only be subject to surcharges, if costs of the tour rise substantially. LILON TRAVEL reserves the right to pass this surcharge to the client in following cases: Government action, extreme currency fluctuation, extreme increases in fuel costs, airfares and hotel charges. LILON TRAVEL will cover price fluctuations up to 3%. For fluctuations above 3% there will be a respective surcharge to the tour price. If price fluctuations exceed 10% of your holiday price, the Client will be entitled to cancel the tour, with full refunds. Cancellation will only be effective in writing.
6.5 Price alterations less than 20 days prior to commencement of the tour are not allowed.
7. Travel Warnings
7.1. The Client acknowledges responsibility to inform him/herself about possible travel warnings of his/her own country (foreign affairs department, state department, etc) regarding safety of the countries and areas in which they will be travelling to. The Client shall decide accordingly before booking a tour with LILON TRAVEL.
7.2. While LILON TRAVEL will inform the Client of relevant changes to current travel advice, it is up to the Client, and not the Tour Operator, to know what the Foreign Ministry of their respective country recommends, also with regards to insurance. The Tour Operator accepts no liability if the Client (a) chooses to cancel a booking because of Foreign Ministry travel advice has changed or (b) if the Client is not adequately covered for cancellation by his/her travel insurance.
8. Passports, Visas and Health Matters
The Client shall be fully responsible for issues like vaccinations, passports and must be arranged before attending the tour. LILON TRAVEL will arrange the Client’s visa number, but can take no responsibility for cancellation after that visa number has been granted. It is the Client’s duty to finalize the visa process in time. If the Client is unable to travel due to lack of visa, the Tour Operator reserves the right to retain the cost of the trip, unless otherwise agreed in writing. In case the Tour Operator arranges the visa of the Client against an administration fee, and this visa is refused, the administration fee will not be refunded.
9.1 The Tour Operator accepts liability should any part of the tour arrangements booked with LILON TRAVEL not be as described in the itinerary. The Tour Operator does not accept liability for compensation, should there be no fault on part of the Tour Operator or its suppliers, and if the reason for the failure of certain the tour arrangements results directly from actions by the Client.
9.2 Upon booking the tour the Client’s accepts that potential risks and hazards might be involved in tours of this kind including injury, loss, damage of property, discomfort and inconvenience. The Client also realises that the tour includes travel to remote areas where possible problems may occur: forces of nature; terrorism; civil unrest; war and accidents. The Client furthermore assumes any associated risks with altitude, illness, disease and physical exertion knowing that access to evacuation and/or suitable medical supplies and support may not always be available.
9.3 The Tour Operator shall appoint tour leaders who will represent the Tour Operator during the course of the tour, and the Client agrees to accept the instructions of these tour leaders, to ensure safe and sound implementation of the tour. The Tour Operator shall not be liable for any actions of the Client against instructions of the Tour Operator or it’s Tour Guides.
9.4 Mode of Transport: For each tour, LILON TRAVEL will use locally arranged transport including planes, jeeps, coaches, trains, buses, boats or helicopters, as indicated in the specific tour itinerary.
a). Tour Operator shall select competent, independent sub-contractors that provide reasonable transport given local conditions and any other services related to the Tour and to exercise reasonable care in selecting such suppliers.
b) The Client understands and accepts that safety standards in Ian are not always the same as in their country of origin.
9.5 Accommodation: LILON TRAVEL strives to provide interesting and safe accommodation, however the Client’s agrees, by booking the tour, that safety & hygiene standards in Iran might not be the same as in their country of origin.
9.6 LILON TRAVEL shall resolve any complaint as soon as it arises. In order to do this LILON TRAVEL needs to be made aware of such complaints. The Client shall communicate at the earliest opportunity any perceived failure of the Tour Operator to fulfill the itinerary or the contract, whether by the Tour Operator itself or by any of it’s subcontractor’s (Hotels, Transportation, etc). Potential complaints should be communicated to the Tour Guide or the Tour Operator directly. The sooner the Tour Guide/Tour Operator knows about possible dissatisfaction on the Client’s side, the sooner LILON TRAVEL will be able to find a solution. In the event that the complaint remains unresolved, the Client shall send a complaint in writing to the Tour Operator by mail or email (email@example.com).
9.7 Liability of the Tour Operator starts upon pickup at the airport in Tehran, and stops the day and time designated in the booking confirmation. The Tour operator does not assume responsibility for any additional expenses incurred to the Client prior or after these dates.
10. Travel Insurance
10.1 The Client is responsible for appropriate insurance, that fully covers medical expenses, repatriation, helicopter rescue, air ambulance in the event of accident or illness, as well as cancellation, curtailment, third party liabilities, baggage loss, baggage damage, baggage theft. Insurance needs to be in effect upon final booking of the tour.
10.2 Prior to departure a copy of the insurance policy, as well as the name, address and telephone numbers of the Client’s emergency Person needs to be send to the Tour Operator.
10.3 The insurance should cover the planned duration of the tour and and any extra days in Iran.
11. General Conditions
11.1. No person, except for the owner of LILON TRAVEL, has the authority or is empowered to waive or vary any of the conditions.
11.2. The Client acknowledges that prior to the signing the Contract, they have received general information on passport and visa requirements for the tour, as well as health care information required.
11.3. This Contract is subject to German Law. All parties to the contract irrevocably submit to the exclusive jurisdiction of the German Courts to settle any disputes, which may arise out of or in connection with this Contract.
12. Contacts Details
Company: LILON TRAVEL UG (Haftungsbeschränkt)
Register Number: HBR 166098 B
Headquaters: Alte Schoenhauserstrasse 9 | 10119 | Berlin
Managing Director: Dr. Shermin Voshmgir
German Tax Number: 30/422/33452
European VAT ID: DE299197185
Stand dieser AGB: November 2014