Terra Balka general and specific terms and conditions of sale (GTCS & STCS)
The present General and Special Terms and Conditions of Sale apply, unless otherwise stipulated, to all contracts concluded between :
- on one hand Terra Balka, hereinafter referred to as “the Agency“.
- on the other hand, any natural or legal person using the services of the Agency, hereinafter referred to as “the Client“.
Any natural person taking part in the trip organised by the Client is referred to as “the Participant“.
The Agency shall offer the Client the possibility of making a trip to their choice of destination by allowing them to choose the destination(s) visited (including countries neighbouring the destination of choice), routes, excursions, activities and accommodations.
2. REGISTRATION AND PAYMENT METHODS
Any registration for a trip will be effective for the Agency upon receipt of:
- acceptance by the Client of the quotation sent by the agency.
- a deposit representing 30% of the total fees of ground transportation as well as 100% of the air transport fees, based on the invoice that will be received by the Client.
A reservation is final only after the confirmation of availability by the Agency.
The balance of payment must be paid 45 days before the actual start of the services.
Upon confirmation of the file, the Client will be requested to provide the information concerning all the Participants of the trip (names, first names, dates of birth, passport numbers and preferably the scanned copy) as soon as possible to guarantee secure reservations.
Special Conditions, may apply in case of travel:
- during very high tourist seasons
- in certain regions
- concerning certain services such as cruises and boat or vehicle rentals These conditions will be mentioned in the quotation sent to the Client and will have prevalence over the General Conditions of Sale.
3. CANCELLATION FEE
3.1 BEFORE THE STAY
Any travel cancellations must be made by email, and in all cases, be supplemented by a notification to the Agency by registered letter with acknowledgment of receipt.
The refund by the Agency of the fees paid shall be made under the conditions and limits set out below:
- More than 120 days before arrival: 5% of the total amount will not be refunded.
- From 90 to 119 days before arrival: 70% of the deposit for ground services will not be refunded, corresponding to the prepayments of certain services.
- From 46 to 89 days before arrival: 100% of the deposit will not be refunded, corresponding to the prepayments of certain services.
- From 30 to 45 days before arrival: 60% of the total amount will not be refunded.
- Less than 30 days before arrival: 100% of the total amount will not be refunded.
No refund will be made of the air services provided that the Agency has purchased the tickets, which are neither modifiable nor exchangeable.
If one or more travellers cancels their participation on the same trip as other Participants, the Agency reserves the right to revise the tariffs according to the updated number of Participants.
Any delay in payment may be considered by the Agency as a cancellation by the Client, for which the cancellation fees referred to above will be applied. The Agency reserves the right to use the deposit to cover the services not refunded by the service providers and not to guarantee the operation of the tour.
Where the reservation of services involves the Agency undertaking expenditure which cannot be refunded, regardless of the reason for the cancellation or the anticipation with which it is formulated (such as the purchase of certain air tickets, the booking of hotel packages on specific dates, etc.), the refund terms mentioned above cannot be applied.
3.2 DURING THE STAY
Any trip interrupted, modified or shortened or any service not consumed by the Participant, for any reason whatsoever, shall not give rise to any reimbursement or compensation on the part of the Agency.
Any modification on the part of the Participant involving a change of service (hotels, transport, etc.) or programme (length of stay, stages, etc.) will be invoiced to him/her.
A modification at the initiative of the Client or one of the Participants concerning the destination or a change of date is considered as a cancellation.
Any complaints must be notified in writing by registered letter with acknowledgment of receipt to the Agency, accompanied by the supporting documents, within 30 days after the return date from the trip.
Any dispute will be settled amicably.
In the event of complete disagreement, the Agency being a local company, shall deem the city courts of the Agency competent.
By agreeing to travel with the Agency, Participants are advised to take out medical and repatriation insurance and cancellation insurance, which must be sent to the Agency before departure.
In the event that the Participants’ ticket has been settled with their credit card, or in the event that the deposit has been settled via the Agency’s online payment service, Participants are liable to be covered.
Only the banking institution concerned by this payment can confirm or reverse it.
The decision to subscribe to such insurance and the choice of such insurance is the sole responsibility of the Participants.
The Agency reserves the right to have Participants sign a waiver of liability upon arrival in the country of destination.
In the case of high-risk activities (extreme sports, mountaineering, diving, rafting, paragliding, …), Participants must take out additional specific insurance and send it to the Agency before departure.
The Agency is a partner of a selection of insurance companies and can offer insurance according to the needs of the Participants (cancellation, repatriation, multi-risk).
The Agency has signed a contract guaranteeing its professional civil liability under the conditions stipulated by the texts in force.
Prior to the registration of the trip, each Participant will have to verify, according to his / her personal situation, that he or she is in possession of a passport and / or other document (s) (national identity card, visa, Family passport, authorisation to leave the country for minors, vaccination certificate, driving license, etc.), which are valid and comply with the requirements for passing through and / or entering the country(ies) of the journey.
Each Participant shall assume responsibility for obtaining all the documents required by the authorities of the countries visited.
The Agency shall provide information on the administrative and / or sanitary formalities necessary for the execution of these journeys on its website and in the documentation submitted.
This information is given by the Agency only as an indication and cannot be held responsible or substitute for the individual responsibility of each Participant. It is therefore strongly advised to check before departure and with the authorities concerned, such as the consulates, the list of necessary documents and the migration, health and customs formalities in force.
In no case will the Agency be liable for the Participants delay or impossibility for a Participant to submit documents in good standing.
The consequences of any failure to present these documents will be borne entirely by the Participant and any cancelled, interrupted or abridged travel by reasons of the Participant shall not give rise to any refund or compensation of any kind.
The Client and the Travel Participants are obliged to inform the Agency and the accompanying guides of their health and physical conditions, so that they can be taken into account if the Participants carry out activities.
The Agency and its guides may not be held liable in the event of an accident resulting from the condition of the Participant(s) concerned.
It is the responsibility of each Participant to check with his / her doctor whether their medical condition allows them a prolonged stay at altitude for the destinations concerned.
If the Participant has known difficulties (such as breathing) which may prove to be restrictive at high altitudes, he / she must ask the Agency to make available a bottle of water, before their arrival in the country.
In all cases, the Agency and its guides cannot be substitutes for doctors nor clients to find out what is best for the health of the Participants and their adequacy to take part in the proposed activities if they suffer from physical and mental condition. The Client and the Participants are the solely responsible for the latter.
8. SECURITY AND RISKS
The Client and the Traveling Participants are aware that, given the nature of the trip they choose, they may be exposed to certain risks, in particular, to the distance from the medical centres; the condition of the roads; the adventurous nature of certain tours (most notably hiking, water sports, scuba diving, off-road vehicle trips …).
Organisations that allow for rapid evacuation in some remote areas of the city do not always exist.
The Client and the Traveling Participants shall declare that they are aware of such risks and note, in the event of an accident, not to put the responsibility of the Agency, its guides and various providers at risk.
If the circumstances require, and in particular to ensure the safety of a group of Participants as a whole, but also for climatic reasons or unforeseen events, the Agency reserves the right directly or through their escorts or service providers to substitute one means of transport, one accommodation, one itinerary with another, as well as the dates or times of departure, without the Participants being entitled to any compensation.
Each Participant must comply with the rules of prudence and community life and follow the instructions given by the Agency’s counselor or service provider.
The Agency cannot be held liable for accidents which are due to the individual imprudence of one of the Participants. The Agency reserves the right to expel, at any time from a group, a Participant whose behaviour may be considered to endanger the safety or welfare of the other Participants. No compensation would then be due.
If the Participant concerned refuses to follow the instructions given by the guide, the latter may sign a disclaimer of responsibility which stipulates their disagreement and release the Agency and the guide from any prosecution.
9. LUGGAGE AND PERSONAL EFFECTS
The Participants are responsible for their personal effects that they keep in their custody, whether it is money, credit cards, jewellery, clothing, cameras…
The Agency cannot be held liable in the event of loss, theft or deterioration of baggage or personal effects during the journey and shall not be obliged to compensate Clients in such circumstances.
In the event of a problem, the Participants are advised to have the facts verified by the competent local authorities (filling of a complaint).
The hotel infrastructure may be of inferior quality to that found in other parts of the world, and the local standards of comfort, star rating, may not correspond to those in which the Participants are accustomed.
However, the Agency works regularly with hotel establishments with whom the trust is maintained.
The Participant will not be able to claim a refund for a reason of differentiation of judgment on comfort.
11. AIR TRANSPORT AND CLIMATE
If the trip is disrupted due to airline modifications, for any reason external to the Agency, the Agency will make its best efforts to propose an alternative solution to the Participant(s).
The resulting costs will be paid by the Participant(s).
The claims or compensation rights are those applicable according to the local laws in force. Such action may only be carried out by the Participant in his personal capacity.
Local authorities may sometimes suspend certain visits and trips at the last minute for personal safety. The Agency cannot be held responsible for the consequences of this decision, considered as an unforeseeable circumstance (e.g. loss of a transfer by boat or flights).
12. UNFORESEEABLE CIRCUMSTANCES
If external events disrupt the normal functioning of the country (e.g. political and social unrest, natural disasters, strikes, blockades and demonstrations), the Agency reserves the right to cancel a trip or to modify its contents.
The Participants will be informed beforehand of the context and of all the possibilities of change.
The Agency is primarily responsible for the safety of the people involved in the travel it organises.
In the event of cancellation, the Agency will not be required to refund the amounts paid and the participants will not be entitled to any compensation.
In case of changes in the course due to external events, a new quotation will be drawn up and will be proposed to the Participant(s). The totality of the modification costs is the responsibility of the Participant(s).
13. PRICES AND EXCHANGE RATES
Services sold in a currency other than the US Dollar (including the Euro) are based on an exchange rate calculated at any given time. In the event of sudden devaluation, the Agency reserves the right to reassess the amount of the trip, giving the Client the choice to maintain or cancel the service.
In addition, the Agency may be required to amend its prices and programs to take account of:
- changes in the cost of transport, notably related to the cost of fuel.
- the variation in fees and charges for services provided such as landing, boarding and landing charges.
THE SETTLEMENT OF A DEPOSIT FOR THE ORGANISATION OF A TRAVEL SHALL APPROPRIATE THE ACCEPTANCE OF THESE GENERAL AND SPECIFIC TERMS AND CONDITIONS FOR SALE.