Creative Minds.

1.PURPOSE

The Sale Conditions are intended to regulate the relationship between Temea Tour and its Client.

Unless otherwise stipulated in a Contract between Temea Tour and its Client, the Terms of Sale also govern the tourism services sales offered by Temea Tour.

Any term “departure” is equivalent to the trip beginning in Madagascar organized by Temea Tour.

2.BOOKING

In principle, services booking offered by Temea Tour are made by e-mail: contact@temeatour.com or by using the electronic booking form (click here) on our website: www.temeatour.com

However, the booking can be made directly at Temea Tour’s headquarters: G III 10 D Soamanandrariny – Antananarivo – Madagascar or by telephone at +261 (0) 34 49 829 60 but must be followed by an e-mail confirmation.

Clients undertake to provide all necessary information concerning them, in particular name and surname, nationality, flight details as well as any other useful additional information such as diet, disabled persons’ number…

The booking is confirmed only after the payment of the deposit or the total services price and especially after Temea Tour has sent an e-mail confirming the booking.

The lack of response from Temea Tour cannot be interpreted as a booking confirmation.

Any booking implies acceptance of Temea Tour’s Terms of Sale.

3.PRICES AND PAYMENT

All prices offered by Temea Tour cover only the services indicated in each offer.

Each offer mentions what is included in the price and what is not. If not mentioned, prices do not include: international and domestic flights, airport taxes, visa and travel insurance, lunches, tips, drinks and personal expenses, telephone calls, all free and extra activities, services not mentioned in the program. This list is not exhaustive.

The total price may differ from the one mentioned in the quote due to additional services requested by the Client or to a change in the travellers’ number. This price may also be modified upwards or downwards taking into account, in particular, the increase in fuel price, taxes and exchange rates. The Client will be notified of this revision by any means.

          3.1. DEPOSIT

In order to confirm the booking, a 30% deposit of the total trip price is required. The Client may also pay the full price at the booking time. Bank details will be notified to the Client prior to payment.

          3.2. BALANCE

The 70 % trip balance must be settled at the latest 45 days before the departure date.

However, if the balance is not paid within the above-mentioned period, Temea Tour reserves the right to cancel the booking.

In booking event less than 45 days before the departure date, the total trip price must be settled at the booking time.

          3.3. PROOF

Payments can be made by cash at Temea Tour’s headquarters or any other place agreed by both parties, by bank transfer or by any other means of payment with prior Temea Tour’s agreement. Bank charges are to be paid by the Client.

In payment case other than cash, the Client must send to Temea Tour the payment proof such as a copy of the transfer order.

4.CANCELLATION, CHANGE AND INTERRUPTION BY THE CLIENT

If for any reason, Clients must cancel, modify or interrupt their trip, they must notify Temea Tour as soon as possible by e-mail or by telephone call followed by an e-mail or by any other means that leave a written record. The acknowledgement of receipt date determines the date trip cancellation, change or interruption.

          4.1. CANCELLATION

The following cancellation conditions do not apply in any case to international and domestic flights.

Depending on the cancellation date, will be retained by Temea Tour:

• – If cancelled more than 45 days before departure: 30% of the total trip price
• – From 45 to 30 days before departure: 50% of the total trip price
• – From 29 days to 10 days before departure: 75% of the total trip price
• – If less than 10 days and NO SHOW: 100% of the total trip price

*Special cases: Depending on the time of year such as Christmas or New Year Holidays, some hotels and other service providers require a firm booking and may charge 100% cancellation fees upon the booking confirmation. Therefore and beyond our control, cancellation fees for these partners only will be applied by Temea Tour.

          4.2. CHANGE

Any change by the Client after booking confirmation such as date, services, travellers’ number, stay duration… must be notified to Temea Tour. This change can only be adjusted to the program after acceptance by Temea Tour.

On the one hand, if the request for change is made more than 45 days before departure: 
– If the change is minimal, the initial price agreed will be maintained.
– If the change affects a major element of the program, a new quote will be established.

On the other hand, in change case made within 45 days before departure and during the trip, two conditions apply:

• – If Temea Tour considers that the change is still feasible, additional costs for possible changes may be applied.
• – If the change is not possible, the Client can keep the original booking, cancel it or interrupt the trip. In cancellation case, the article 4.1 of the Sale Conditions will apply. In interruption event, the following article 4.3 will apply.

          4.3. INTERRUPTION

Any services not used voluntarily by the Client or any trip interruption due to the Client’s own fault will not be subject to any refund or compensation.

5.CANCELLATION, CHANGE AND INTERRUPTION BY TEMEA TOUR

In trip cancellation, change or interruption case by Temea Tour, the Client is immediately notified by any means.

          5.1. CANCELLATION

Temea Tour has the right to cancel a trip, inter alia, in administrative documents irregularity case or if the Client is refused entry to the Republic of Madagascar territory or when the necessary requirements for the trip have not been made in time… In these cases, no refund or compensation.

In addition, if the balance of the total price is not received within the period specified in article 3.2 paragraph 1 of the Sale Conditions, Temea Tour reserves the right to cancel the booking without refund or compensation.

          5.2. CHANGE

Although Temea Tour is meticulous in its efforts to make the trip enjoyable and memorable, changes to the program may occur before or during the trip.

If the change does not affect a major element of the program, the Client will be notified in advance and provided, as far as possible, with the same category service as the one initially proposed. Thus, no refund or compensation can be claimed.

Otherwise, if the change affects a major element of the program, the Client will have the choice: either accept the changes proposed by Temea Tour, or cancel the trip. In cancellation event, Temea Tour will refund the sums paid by the Client less the expenses already incurred, including the service providers and suppliers payment. In addition, the Client will not be compensated.

          5.3. INTERRUPTION

Any trip can be interrupted by Temea Tour for various reasons. Thus, Temea Tour will refund the services price not provided without compensation. However, expenses already incurred, in particular for the service providers and suppliers payment cannot be refunded.

On the other hand, if Clients behave in a way that is detrimental to the trip smooth running, Temea Tour has to exclude them for the trip remainder without refund or compensation. In addition, Temea Tour may claim damages if it has been harmed.

6.FORCE MAJEURE CASES

Force majeure is defined as any unforeseeable, insurmountable event arising from a cause beyond the control of Temea Tour and its Client.

“Are, in any case, considered as constituting force majeure cases the following events, and this, not limited to: natural disasters, weather conditions, riots, socio-civil conflicts, political instability, strike, any sanitary restriction measures…”

Following force majeure cases, the Client may postpone, modify or cancel a trip if necessary.

In trip postponement or change case, Temea Tour will try to maintain the original price. However, to our regret and beyond our control, additional charges may be claimed.

In cancellation event, Temea Tour will refund the amounts paid by the Client. However, expenses already incurred, in particular for the service providers and suppliers payment will not be refunded, if applicable.

Whether in trip postponement, change or cancellation case due to force majeure, the Client will not be compensated.

7.INSURANCE

Temea Tour has taken out a professional liability insurance policy with ARO Insurance which applies to travel professionals during their Clients’ stay in Madagascar and covers only the Republic of Madagascar territory.

However, this insurance does not replace the individual civil liability of each Client. Thus, Clients are personally liable for any damage caused by their fault.

The Client is advised to take out travel insurance (repatriation, cancellation, medical evacuation, luggage, medical expenses…).

The Client undertakes to provide Temea Tour with a copy of the travel insurance contract, specifying the insured persons’ names, the address and contact details of the insurance company, the persons’ names and contact details to be notified in emergency case. In the absence of a travel insurance policy, Temea Tour declines all responsibility.

8.RESPONSIBILITY

          8.1. CLIENT’S RESPONSIBILITY

                     8.1.1. REGULATORY DOCUMENTS

Clients are responsible for their travel to Madagascar. The Client must be in possession of the necessary administrative documents for the trip such as passport, visa, vaccination certificate, and must carry these documents during the trip. Clients must ensure that they are in compliance with police, customs and health formalities during their trip.

It is the Client’s responsibility to acquire all necessary information relating to administrative documents from the relevant authorities. However, the non-exhaustive list of these documents may be provided, in good faith, by Temea Tour according to the information in its possession but does not engage its responsibility in error or breach case to these documents.

                     8.1.2. LUGGAGE

Clients are responsible for their luggage during their trip and must personally take care of it, especially during transfers. Fragile and precious objects such as telephones, cameras and jewellery are the Client’s responsibility.

Temea Tour cannot be held responsible for the loss, theft or damage of luggage or personal effects during the trip. In problem event, Clients are advised to immediately notify Temea Tour and to have the facts established by the competent local authorities, in this case, by filing a complaint.

The Client undertakes to follow all advices given by Temea Tour, its representatives, drivers and guides.

                    8.1.3. CLIENT’S OTHER OBLIGATIONS

According to article 11 of Law No. 95-017 on the Tourism Code “All travellers, whether excursionists or tourists, are required to respect the laws and regulations in force and in particular those relating to:

– public order;

– regulations relating to the foreign tourists’ stay;

– respect for local customs and habits;

– good morals and public health.

Travellers must participate in a positive attitude to the respect of the environment. Any deliberate damage may lead to penalties in accordance with the legal and regulatory provisions in force.”

In failure case to comply with these obligations on the Client’s part, Temea Tour cannot be held responsible.

          8.2. TEMEA TOUR’S RESPONSIBILITY

In principle, Temea Tour is responsible for the proper performance of the obligations arising from the Contract except in force majeure cases, third party and the Client.

As a Tour Operator, Temea Tour works closely with various service providers such as hotel owners… In services non-performance or improper performance case by a provider, Temea Tour must modify part of its obligations and replace them, as far as possible, by equivalent services. In this respect, there will be no compensation.

Nevertheless, Temea Tour shall not be held liable in the following cases:

• – Administrative documents irregularity and the Client’s lack of travel insurance.
• – Non-performance or poor execution of the Contract due to the Client’s fault, a third party, a service provider or following force majeure cases.
• – Any inconvenience related to international and domestic flights such as tickets loss or theft, luggage theft; flight delay, change or cancellation.

Any failure noted by the Client in the Contract execution must be notified to Temea Tour as soon as possible.

9.RISKS

In principle, travel to Madagascar does not present any major risks.

However, Clients must be aware of what may happen to them, particularly due to the absence or remoteness of medical centre or the poor conditions of some roads.

Clients must ensure that they are in good physical condition to participate in the planned trip. However, for older, disabled or vulnerable persons wishing to travel with Temea Tour, the whole team will happily provide special care but will not be responsible for any accidents due to their physical disability.

10.AIR TRANSPORT

          10.1. INTERNATIONAL FLIGHT

Clients are responsible for arranging their international flights and their transportation to Madagascar. They must inform Temea Tour about the flight schedule and any possible changes that may occur. For its part, Temea Tour will endeavour to obtain information from airline companies to help and assist its Client.

          10.2. DOMESTIC FLIGHT

Temea Tour advises Clients to book their own ticket for the domestic flight(s).
We invite you to book it directly on the website of Madagascar Airlines in the class offering a refund in case of flight cancellation.

Temea Tour can nevertheless assist the Client in booking and purchasing air tickets for domestic flights. In these cases, the conditions applicable to domestic flights depend on those of the airline.

In modification event by the clients relating to the domestic flight, a new fee will be charged in proportion to the new services.

In change event to the travel by the Client affecting the domestic flight, the previous paragraph provision shall also apply.

If the Clients cancel their flight or trip, the air ticket price will not be refunded for any reason if the flight booking was made by Temea Tour.

          10.3. OTHER

Temea Tour does not undertake to refund or compensate Clients if they are unable to board a flight to Madagascar or if they are refused entry to the Republic of Madagascar territory.

Clients and their insurers agree to waive any recourse against Temea Tour for any damage suffered in connection with international or domestic flights.

In delay, change or cancellation case of an international or domestic flight from the airline, Temea Tour declines any responsibility.

The Client, having suffered a loss, is required to contact the airline directly for a claim or possible compensation. Nevertheless, Temea Tour can assist in all these steps.

11.COMPLAINT

Any claim relating to the trip should be addressed directly to Temea Tour: G III 10 D Soamanandrariny – Antananarivo – Madagascar or by e-mail: management@temeatour.com

Any complaint must reach Temea Tour within 30 days from the services ending date by providing all supporting documents. After this period, any complaint will be declared inadmissible.

12.APPLICABLE LAW AND DISPUTES SETTLEMENT

The present Sale Conditions are subject to Malagasy law.

In disputes case arising from the execution, non-execution or interpretation of the Sale Conditions and the Sale Contracts, the parties must give preference to amicable settlement. It is only in failure or refusal to negotiate case that the matter will be brought before the competent court of Antananarivo.