HANDICAP TRAVEL GENERAL CONDITIONS  

1. Khogali IPE S.L., Apdo de Correos 584, E-29649 Mijas Costa (MA), Spain, acting as HANDICAP-TRAVEL, operates as mediator between the client and hotels contracted by HANDICAP-TRAVEL. A legal booking is only to be considered as confirmed subject to client’s acceptance of the HANDICAP-TRAVEL general conditions.
2. The said conditions are applicable for all bookings, independent whether they are rendered on-line, per e-mail, by mail, fax or phone.
3. HANDICAP-TRAVEL confirms the reservation with the hotel, contracted by HANDICAP-TRAVEL in the name of the client and sends to the client the corresponding booking confirmation, including its conditions. The client is legally responsible for all persons travelling with him under said booking confirmation.
4. The responsibility of HANDICAP-TRAVEL is exclusively to confirm the booking. Hotels, airlines, travel agents etc. have no legal authority to make any commitments to the clients in the name of HANDICAP-TRAVEL.
5. The information regarding hotel descriptions in the brochures and on the websites are based on the information given by the hotels. HANDICAP-TRAVEL is at no time responsible for its content or its correctness. Moreover, HANDICAP-TRAVEL is also not responsible for any printing errors. HANDICAP-TRAVEL, as mediator, is at no time responsible for incorrect, non rendered or unpunctual performances of the hotels which are contracted by HANDICAP-TRAVEL. Requests for changes, lower services and damages can only be claimed by the client directly from the hotel, airline, travel agency etc.
6. At the time of receipt of the booking confirmation a down-payment of 15% of the total travel value is due, as HANDICAP-TRAVEL has to provide corresponding deposits to the contracted hotels accordingly. The balance of the travel value is due minimum 6 weeks before the start of the travel. The complete travel documents shall be provided to the client after receipt of full payment. For short term bookings less than 6 weeks the entire travel amount is due immediately upon receipt of the booking confirmation. Without full payment of the total amount the client has no rights to claim any travel performances.
7. HANDICAP-TRAVEL can only request a price increase for certain performances like airport fees, taxes, etc. if they actually occur and the time limit between the booking confirmation and the actual travel time has exceeded 3 months. HANDICAP-TRAVEL shall inform the client immediately after knowledge of the price increase.
8. Changes of bookings upon request of the client can be considered and are depending on the vacancies available up to 30 days prior to travel against a changing fee of € 30,--. Requests for changes of bookings after expiry of 30 days prior to travel can only be considered under the cancellation conditions for the entire booking and new booking at the same time. This, however, is not applicable for minor changes which create low costs only.
9. If the client cannot utilize booked performances due to earlier return because of illness, etc. or for reasons which cannot be influenced, respectively are not caused by HANDICAP-TRAVEL, the client has no right for partial refunds of his booking.
10. The client has at any time the right to cancel the booking before the start of travelling. If he does so up to 6 weeks before the start of travelling, HANDICAP-TRAVEL will consider the 15% down-payment as expenses and cancellation fees for the hotel which is contracted by HANDICAP-TRAVEL. For cancellations within a time limit of 6-4 weeks before the start of travelling HANDICAP-TRAVEL shall ask for 25% of the total booking amount. For cancellations within a time limit of 2 weeks before the start of travelling, the cancellation fee is 60% of the total booking amount. At no-show without written notice to HANDICAP-TRAVEL the client is obliged to pay the full amount of the booking.
11. Claims from the client against HANDICAP-TRAVEL, independent of its reason, expire automatically 6 months after the return travel date as confirmed by HANDICAP-TRAVEL.
12. In case individual paragraphs of these general conditions are or become invalid, the all other paragraphs remain valid. HANDICAP-TRAVEL reserves the right in case of a legal court case to utilize electronic proofs. Court of arbitration is exclusively Malaga ( Spain), whereby only Spanish law is applicable.
13. Travel guides, nurses or auxiliary help people introduced to the clients by HANDICAP-TRAVEL neither have the right nor the authority to accept or comment on claims in the name of HANDICAP-TRAVEL. In particular these travel guides, nurses or auxiliary helps have no authority to accept claims from the clients, independent of its nature respectively legal reasons.
14. HANDICAP-TRAVEL has at any time the intention to offer an enjoyable and relaxing holiday to its clients. HANDICAP-TRAVEL, however, depends in this case on full and truthful information to be provided by the client in the corresponding application form regarding kind and degree of disability as well as detailed information about eventual necessary additional help and care to be provided and offered by HANDICAP-TRAVEL. The accommodations offered by HANDICAP-TRAVEL are suitable for disabled and handicapped clients according to the scope as mentioned in the corresponding hotel description. HANDICAP-TRAVEL cannot be held responsible for excursions and performances which are not included in the scope of the booking confirmation.
15. HANDICAP-TRAVEL has at any time the right to adjust its general conditions. Changes and amendments shall be announced in writing and are considered accepted, unless written protest has been claimed within one month from the date of issuing the changes.
16. Verbal agreements need to be confirmed in writing in order to achieve its legal status.

September 2004