Terms and Conditions

The following information and conditions are part of the contract between the participant and Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner:

1. Conclusion of contract

This contract is valid upon acceptance of your written, personal or telephonic registration with Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner or your respective booking-agent. From this point on, all rights and duties delineated by the contract including the terms of service are considered in effect.

2. Terms of payment

Full payment is required at least 21 days before the departure-date. 20% of the total payment is required upon entering into this agreement. Should payment not be made upon payment-date, Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner can enforce payment of the annulment-costs as set forth in #3.3 of this agreement. Should this tour be booked within 15 days of departure-date, the full payment is due immediately.

3. Changes/Annulment

3.1
Cancellation of the tour has to be made in person or via registered letter to your place of reservation/booking agent.

3.2.
For changes (change of participant, cancellation) made until commencement of annulment-date (see 3.3) we charge a handling-fee of €100.00 per process. After the annulment-date, the conditions set forth in #3.3 apply.

3.3. Annulment-costs:
Should you cancel your registration later than 42 days before departure-date, for a reason not covered by obligatory annulment-protection, Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner will charge you the following costs in addition to the handling-fee, based on the full purchase-price:

42 - 29 days before departure-date: 30% of purchase-price
28 - 15 days before departure-date: 50% of purchase-price
14 days before departure-date: 90% of purchase-price

Obligatory annulment protection can be invoked for the following-reasons:
a) Illness, sickness or accident of participant
b) Death of participant or a person close to him/her

Participants who exit the tour early for the reasons listed above can only be reimbursed for services not already rendered, as long as they are not charged us by other partners.

We therefore recommend travel-cancellation insurance. In case of non-appearance or late appearance for departure of plane, 100% of purchase price will be charged to the participant.

4. Program-changes

In the interest of all participants, we reserve the right to change the program and specified services (flight-routes, accommodation, local transport, type of vehicle for transport, etc.), if unforeseen circumstances (e.g. weather) force us to do so. We are not liable for changes of program caused by Force Majeure like weather-conditions, public measures, delays caused by third parties.

4.1. Changes in price
Under exceptional circumstances it is possible that the purchase-price will have to be raised, for example if transport-services raise prices (fuel-price adjustment) or prices raised by Government or state bodies. Price increases will be put in effect at least 21 days before departure-date.

Should partners like hotels offer new rebates prior to departure date or prices be lowered, participants will be immediately informed; the resulting savings will automatically be credited to the participant.

4.2. Change of dates
Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner reserves the right to change individual flight-dates after publication of the brochure, should pressing organizational reasons become apparent. This adds no additional obligations for the participant.

5. Non implementation of journey by Classic & Adventure Tours (Gibraltar) Ltd.

5.1.
Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner has the right to cancel the tour, if participants' behaviour gives it rightful cause for doing so. In that case, Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner would reimburse participants for amounts already paid, minus cost already incurred. Further claims are deemed invalid. Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner reserves the right to annulment-costs according to #3.3 and further compensation for damages occurred.

5.2. Minimum number of participants
For the journey to Gibraltar offered by Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner, the minimum number of participants is 20. Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner has the right to cancel the tour up to 7 days before departure-date, should the number of participants fall below the designated minimum. Further claims are deemed invalid.   

5.3. Force Majeure, Strike
Events of Force Majeure, public measures, or strike can cause Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner to cancel the tour. Should this occur, we will immediately contact you. We will also try to find an alternative tour of equivalent value. Should you decide to participate, monies already paid will be fully credited towards the alternative tour.

6. You start the tour, but are unable to finish it

Should you for some reason not be able to finish the tour, the purchase price cannot be refunded. Services not rendered can be repaid only as long as they will not be charged to Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner.

6.1. Complaints
You have the right and obligation to immediately inform tour guide(s) or crew about any damage to your property, demanding remedy/compensation free of charge. You will be reimbursed for costs incurred upon presentation of a receipt - as long as you have immediately complained about the damage and asked for a confirmation in writing (for the amount of the damages, see #8)

7. Liability

Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner will reimburse you for the value of agreed upon, but not or badly produced results or reimburse you for expenses occurred, should tour guide(s) and/or crew have not been able to supply adequate substitution there and then, as long as you bear no personal responsibility. Our liability is limited to the purchase-price and the immediate damage. We cannot be made liable, if changes of program have to be made because of flight-delays, weather or strike. We can also not be made liable if changes of program were caused by Force Majeure, public measures or delays caused by third parties that we are not responsible for.

8. Limits of Liability, Pronouncement of Liability


8.1.1. International Agreements
Should international agreements contain limitations of compensation for damages caused by non-accomplishment or insufficient accomplishment, Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner can call upon said agreements and limit its liability to the extend set forth in said agreements.

8.1.2. Exclusion from Liability
Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner is not liable should non-accomplishment or insufficient accomplishment of contract be due to the following reasons:
a) Your personal negligence before or during the tour
b) Unforeseeable or unavoidable neglect by third parties who are not participants in the accomplishment of the contractually stipulated results
c) Force Majeure or any incident which Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner, the service-provider or service-procurer, despite imperative due diligence, could not foresee or avert.
d) Changes of program or flight-route caused by weather. In such cases any liability by Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner is deemed null and void.

8.1.3. Property Damage or Damage to Assets
In case of property damage or damage to assets, which are caused by non-compliance or insufficient-compliance to the contract, Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner is only liable up to the maximum amount of the amount paid for the tour, except if the damage has been caused deliberately or negligently. Liability-limits set forth by international agreements apply.

8.1.4. Local events or tours:
In Gibraltar, you will be able to book local tours or participate in local events. Your participation in these events/tours will be at your own risk. Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner cannot be made liable for events or tours that you book at your destination.

8.1.5. Travel-documents
Every participant is solely responsible for the necessary valid travel-documents (passport), as well as compliance with entry-, health- and currency-requirements. We hereby inform you that in case of non-admittance into a country, you will be responsible for the costs of return-travel. Classic & Adventure Tours (Gibraltar) Ltd. / Hertling & Partner also expressly wishes to call attention to the consequences of importing prohibited goods or other prohibited material.

9. Luggage

Your luggage is limited to a maximum of 12kg. Carry-on luggage should not exceed a weight of 6kg.

© 2005 hertling and partner - an uhura site