Polynesia-Tours, Travel to the South Seas

Terms and conditions

1. Scope of our terms and conditions

1.1. This website is owned and operated by Polynesia-Tours (following: we, us, our). Our office is located in Berlin (Germany), Torstrasse 11 in D-10119 Berlin. The following terms and conditions (following: Terms) show your (you, your – these terms as used in these Terms refer to all individuals accessing this website for any reason) and our agreement which governs the purchase by you of the services and products we provide.
Please take time to read these clauses.
1.2. In case of operating to an agency model, we act as a disclosed agent for third party supplier. That means that the contract for the product is between you and the supplier and our own terms and conditions are not part of the contract. Just to add that we are not liable for the performances of the third party supplier. In such a case you will get information enclosed to your personal offer.

2. Completion of the travel contract

2.1. The booking request constitutes a binding offer from your side to us to conclude a travel contract. We will issue the complete booking confirmation to you upon conclusion of the contract or immediately after the contract has been concluded.
The booking request may be made in writing, per e-mail or by fax. The person making the booking does so behalf of all other members of the party. The person making the booking is liable for the contractual obligations of these persons to the same extent as he or she is liable for his/her own contractual obligations, provided that he or she has accepted a separate obligation to this effect by means of a separate, explicit declaration. The contract is formed when this offer is accepted from us. Acceptance does not have to be expressed in any specific form.
2.2. All agreements and collateral agreements must be made in writing. Any special requests agreed must be noted in the booking request and in the booking confirmation.
2.3. Should our booking confirmation differ from the booking request in any respect, the confirmation shall constitute a new contract offer, by which we will be bound for a period of 10 days and which you may accept by returning the booking form within this period.
2.4. Consumer Protection / guaranty certificate

According to the German Civil Law (§651 k BGB/German Civil Code) all package holiday bookings made with us are protected by German R+V insurance.

R+V Allgemeine Versicherung AG
Taunusstraße 1
65193 Wiesbaden

Phone: +49 (0)611 533-5859
Fax: +49 (0)611 533-4500

In the unlikely event of our insolvency or commencement of insolvency proceedings, the R+V ensure that you will be refunded:

- Any money you have paid us in relation to your holiday as far as we haven’t been able
to fulfil our obligations.
- Necessary expenses you have to make to return to your home country.

A guaranty certificate (Sicherungsschein) will be enclosed to your confirmation.

3. Payment

3.1. A minimum non refundable (see clause 6 for exceptions) deposit of 15% of the total amount is due and payable when the contract is completed.
Additional deposits are required for certain cruises, bareboat charter and non brochure products.
3.2. Final payment must be received from us at least 35 days prior to departure as long as no written special arrangement has been agreed. (Payments with credit cards – only VISA and MASTERCARD - have to be made latest 42 days prior to departure). Failure to make final payment when due will result in the booking being automatically cancelled and you will be responsible fort the cancellation fees specified in No.6.
3.3. Bookings made less than 35 days prior to departure: The whole payment is due while confirmation of booking.
3.4. Should you book just one of our performances (i.e. just accommodation) we have to ask for a booking fee of € 30 per person up to a max of € 60 for each booking.
3.5. Check payments will be accepted until latest 21 days before departure. Afterwards we accept only transfers made by direct telex transfer systems.
3.6. Airport taxes, passenger service charges and the departure tax on Fiji (some 10 GBP) can be collected by the carrier ort the airport company.

4. Performances

4.1. Performances owed by contract are a result of the personal offer Polynesia-Tours sent to you. We reserve the correction of obvious errors (like print or calculation errors).
4.2. We highly recommend asking for a written confirmation (email, fax or letter) of each requested change.

5. Change and cancellation of your holiday from our side

5.1. Building and development work
Many hotels and resorts are continuing to develop, sometimes rapidly and intensively and often with little or no advance warning. Whilst we have no control over such work, as a responsible tour operator, it is important to us that you are aware of any significant building/refurbishment work that may be going on during your stay. General refurbishment at hotels is necessary to maintain standards but if we are informed of such work, we will endeavor to notify you of any activity as soon as possible, however near to your departure this may be.

5.2. Flight changes
Airlines occasionally may change the type of aircraft used on a particular flight without advance warning. Scheduled and charter flight timings, and days of operation are subject to change. We will advise you of any significant change as soon as we ourselves are informed by the airline. Minor timing changes will be shown on the flight tickets, which you should check carefully when received. Should the changes involve a reduction of your duration, we will offer you a refund of any applicable costs.

5.3. Change of your holiday before your departure
We hope and expect to be able to provide you with all the services we have confirmed to you at the time of booking. We plan arrangements a long time in advance of your holiday using independent suppliers such as airlines, hotels etc., over whom we have no direct control. On occasions changes do have to be made, and we reserve the right to make these. Most of these changes are minor. However, if we consider them a significant change we will try hard to keep you posted as soon as reasonably possible. A significant change includes a change of accommodation to that of a lower category and/or rate, a change of flight time of more than 12 hours, a change of UK departure airport, or a significant change of resort area.

Due to EU regulations we are required to advise you of the actual air carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on the relevant brochure pages and/or your holiday confirmation invoice. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. In the case of a SIGNIFICANT CHANGE before your departure we will provide you with three alternatives:
(a) alternative travel arrangements of equivalent or of very closely similar standard and price, if available.
(b) alternative travel arrangements of a lower standard together with a refund of the difference in price; or
(c) cancel your holiday with a full refund of all monies paid.

In all 3 cases, minimum compensation will be paid as detailed below unless the change occurs as a result of circumstances beyond our control.

Period before departure within Compensation which a major change is notified per person to you:

More than 60 days: Nil

60 – 42 days: € 40
41 – 28 days: € 50
27 – 15 days: € 60
14 – 0 days: € 80

5.4. Change of your hotel accommodation from our side
We do not control the day to day management of your accommodation, and in exceptional cases it is possible that we may be advised that the reserved accommodation has been overbooked. If this happens before your departure or on arrival in resort we will try hard to provide accommodation of at least the same standard in the same resort area. If only accommodation of a lower standard is available we will refund the difference of the rate between the accommodation booked and that available, and will pay up to € 50 per person for any inconvenience.

5.5. Cancellation of your holiday from our side
We reserve the right in any circumstances to cancel your holiday for any reason. However we will not cancel your holiday within 61 days of departure unless it is for a reason outside our control (see changes due to circumstances beyond our control). If we have to cancel your holiday we will offer you:-
(a) alternative travel arrangements of equivalent or of very closely similar standard and price, if available.
(b) travel arrangements of a lower standard and a refund of the difference in price; or
(c) a full refund of all monies paid.
Compensation as offered for ‘significant changes’ will also be paid unless the holiday is cancelled because you have failed to pay on time or as a result of circumstances beyond our control. No compensation is payable if the holiday is cancelled because the number of persons who agreed to take it is less than the minimum number required and you are informed of the cancellation in writing within the period indicated in the description of the package.

6. Cancellation and changes by you of your booking

6.1. You may cancel your travel arrangements - or any component – at any time. But you must notify us in writing. Cancellation will be deemed to be effective on the day we receive this written cancellation request from you. The following charges will generally apply.

6.1.1. Packages without cruises or bareboat charter:
45 days or more prior to departure loss of deposit
44 - 20 days prior to departure 20% loss (of the total amount)
19 -10 days prior to departure 50% loss
9-1 days prior to departure 60% loss
Day of departure or non attendance80% loss

Note: The loss will be 80% as well if you come to late or without the needed documents.
The cancellation of IATA flight tickets is subject to the terms and conditions to the
Airline and can increase the loss.

6.1.2. Cruises
If you add a cruise to your package, the terms and conditions for cancellations of the shipping companies will apply.
As far as there are no other conditions to be shown on your personal offer, the following charges will generally apply.

150 days or more prior to the beginning of the cruise 5% of the rate of the cruise but 120 € as a maximum per person.
149 – 100 days before the beginning of the cruise10% loss (of the rate of the cruise)
99- 50 days before the beginning of the cruise 15% loss
49 – 22 days before the beginning of the cruise 30% loss
21 – 15 days before the beginning of the cruise 55 % loss
14 – 1 days before the beginning of the cruise 80 % loss
Beginning of the cruise or non attendance100 % loss

6.1.3. Bareboat charter
120 days or more before date of picking up the vessel 20% loss of the total charter charge up to 500 € maximum
119 – 60 days before date of picking up the vessel 40% loss of the total charter charge
59 – Date of picking up the vessel 100% loss of the total charter charge.

We will take all reasonable steps to ensure such costs are kept to a minimum and inform you of all the above costs before cancelling the booking.

6.2. Unused services
No refunds or exchanges can be made with respect to accommodation, meals, sightseeing tours, transport or any other services, included in the tour price, but not utilized by the tour members.
6.3.When booking your holiday, if you wish to make a modification to a holiday shown in the web sites, we will try to assist. Should you wish to change to an alternative featured hotel, this will be charged at the difference in published price, as long as we hold the space required. If we have to make a special request for alternative or extra space, an administration fee of £25 per booking will be charged.
If you want to change any part of your holiday arrangements after the balance invoice has been issued, this can be done (up to 42 days prior to your departure) for a charge of €25 per booking, subject to availability and any extra costs incurred.
If you want to make any changes within 42 days of your departure date, then these will be treated as a cancellation of the original booking and cancellation charges will apply.
6.4.If you are unable to travel, we may allow you to transfer your booking to another party. But it will only be allowed if all suppliers, eg airlines, hotels, cruise ships, are prepared to accept the transfer. In such case an administration charge of € 50 per person will be made plus any charges that may be levied by suppliers.

7. Termination as a result of force majeure

In cases of force majeure, both parties are entitled to terminate the contract.
If the contract is terminated, Polynesia-Tours may demand reasonable compensation for the travel services already provided or which are required to end the holiday.
In the case of termination, Polynesia-Tours shall be obliged to bring the traveller home provided that the contract includes return transport. In any event Polynesia-Tours is required to take the measures necessary to terminate the contract.
The additional costs of the return transport, so far as this is covered by the contract, shall be shared equally between the parties to the contract. Any other additional costs shall be borne by the traveller.

8. Travel Insurance

Polynesia Tours strongly recommends that you purchase travel insurance coverage for loss of deposit, cancellation fees, medical expenses, lost baggage and other potential travel-related losses under certain circumstances. Please be aware that travel insurances with the exception of the guaranty certificate are not part of our offer.

9. Passports/Visas and Health Requirements

All passengers require a valid passport and, in some instances, visas. It is the passenger’s responsibility to have a valid passport and the necessary visas for the countries being visited. Polynesia-Tours accepts no responsibility if you do not have the correct documentation for your vacation. According to health matter we recommend to click to http://www.nathnac.org/travel/misc/travellers_mos.htm.
You can be sure that we send all received information of the above mentioned matters to you immediately.

10. Web site accuracy

We exactly check the information provided on our web site about accommodation, resorts, itineraries etc., to ensure it is correct at the time of being added. However, please bear in mind that hoteliers, restaurateurs, night club owners etc., may wish to maintain or improve their facilities, or even take a break themselves. There may be changes to flight timings. Tour, excursion or cruise itineraries may change as a result of local conditions. Circumstances such as these, or weather conditions, time of year etc., may cause some of the amenities we have described to be unavailable or different from those advertised on our web site. As soon as we know about any significant or long term changes we will always try hard to keep you posted prior to departure.

11. Online Privacy Statement

11.1 General. We are committed to respecting your privacy. That’s why we have designed our websites so that you may visit them without identifying yourself or revealing any personal information, unless you’d to do so. Once you opt to provide personally identifiable information (any information by which you can be identified such as name, address, telephone number, e-mail address and credit card number), it will only be used to support your customer relationship with us and for our own internal purposes, including marketing and research, customization of our websites and improving the content of our websites.

11.2. Collecting information. When someone visits our websites, our server automatically collects a limited amount of standard information essential to the operation, security and evaluation of our web sites. These information help us to improve them and include:
• the Internet domain and Internet Protocol (IP) address from computers that access our web site,
• the type of browser and operating system used to access our site,
• the date and time our site is accessed,
• the pages visited and
• the address of any external web sites linked to.

11.3. When you make a reservation online or by phone through our customer support centre, you will be asked for your name, address, phone number, e-mail address and credit card information. This information is used to contact you for customer service, to guarantee your reservation with our suppliers, and/or to bill you for your purchase.
11.4. We will not sell, rent, or lease your personally identifiable information to third parties. Unless we have your permission or are required by law, we will only share the personal data you provide online with other third-party vendors that are acting to complete reservation or subscription services.

12. Complaint Handling Policy

Any complaint or dispute that may arise from the booking of any hotel, tour, cruise, transportation, vehicle, package, flight and/or any related service must be reported to us or our local representatives at the time of the occurrence that gives rise to the cause of the complaint or dispute in order to attempt a resolution of the issue involved.

13. Amendments and severability clause

15.1. We may, without prior notice, amend or modify these Terms or the travel website.
15.2. The invalidity of a single clause shall not affect the validity of the terms and conditions as a whole.

Tour Operator: POLYNESIA TOURS
Marcel FRAGOLA, Torstr. 11
D-10119 Berlin