General terms and conditions

EFFECTIVE: From December 1, 2022

These general terms and conditions include myMaldives360.com – Smart Trend Ltd. (Hungary, 2724 Újlengyel Petőfi Sándor u. 48 – tax number: 27115365-2-13 company register number: 13-09-202647 telephone number: (+44)186-567-9969, e-mail address: info@myMaldives360.com,

License number: U-001955 issued in Hungary by The Government Office of the Capital City Budapest as a trade authority – https://mkeh.gov.hu/kereskedelmi/idegenforg_nyilv/utazasszerv (hereinafter: “Travel Agency”) and its travelers (hereinafter: “Traveler”) the general terms and conditions of the travel contract.

The provisions of § 6:254 of the Civil Code of 2013 on travel organized by the Travel Agency and Act V of 2013 on travel contracts, as well as on travel service contracts, in particular travel package and travel service group contracts 472/2017. (XII.28.) The provisions of the Government Decree, these General Terms and Conditions (GTC) and those contained in the individual travel contract, order, and confirmation, as well as the travel conditions and information provided in the Travel Agency’s catalog, website, and travel authorization documents shall govern.

These General Terms and Conditions apply to travel contracts concluded after the date of entry into force until revocation.

The Travel Agency is authorized to carry out travel organization and travel agency activities.

If the Travel Agency acts as a travel agent on behalf of another tour operator, the travel contract will not be subject to these general terms and conditions, but to the terms and conditions of the respective tour operator. In its offer, the Travel Agency informs the requesting traveler that it is acting in the capacity of a tour operator or travel agent in relation to the given travel package, and if it is a travel agent, the identity and contact information of the travel operator must be indicated in the travel contract.

1. Creation of a travel contract

1.1 The Traveler can order the services of the Travel Agency in person at the office of the Travel Agency or in writing by e-mail, as well as at the office of any contractual partner (travel agent) selling trips.

1.2 The travel contract is validly established when the Traveler has signed the order form of the Travel Agency, paid the prescribed participation fee advance or the full participation fee, the Travel Agency registered the reservation and confirmed this in writing by handing over a copy of the contract signed by him, or by sending it online and personally handing it over or returning it signed by the Traveler.

1.3 If the travel contract is not signed in person, the Travel Agency will inform the Traveler of the deadline for returning the signed travel contract at the same time as sending the travel contract. If the Traveler does not send the travel contract within the deadline specified in the information, no contract will be formed between the Parties. If the Traveler does not return the signed travel contract by the deadline, but accepts it by referring to it, thus paying the participation fee advance or the full participation fee, the contract is deemed to have been concluded in accordance with the content of the order and confirmation.

1.4. By ordering the trip, an offer becomes binding, which exists until the travel contract is concluded, or until the deadline for signing and returning the travel contract has expired.

1.5 The Traveler may act through a representative when concluding or amending the travel contract. If the Traveler does not act in person, in case of doubt, the person making the reservation shall be considered the customer. The acting person shall bear full financial responsibility for any damages and costs incurred by the Travel Agency or in its sphere of interest arising from the handling of business without a mandate.

1.6 If the Traveler provides incorrect data during the order, the Travel Agency shall not be held responsible for the resulting damages.

1.7 The travel contract is not a contract created electronically.

 

1. Detailed rules of the travel contract

2.1 The Travel Agency is only obliged to perform the service(s) / partial service(s) listed in the order (hereinafter: “Services”) personally or through its collaborator(s).

 

Special provisions for air transport

2.2 The transport of passengers by aircraft is governed by the rules applicable to air passenger transport at the time of the transport.

The Travel Agency specifically draws the attention of the passenger to the fact that if his order refers only to the purchase of a flight ticket, the passenger enters into a contractual relationship with the airline, so that he can enforce his claims/obligations against the airline in question.

2.3 The liability of air carriers acting as contributors to the Travel Office is regulated by Act XXVIII of 1936. TV. promulgated by the 19th tvr. of 1964 and XXXIV of 2005. TV. amended by and XXXV of 2005. TV. the Warsaw International Convention of 1929 and the VII of 2005 TV. is limited by the Montreal International Convention of 1999.

The travel agency is obliged to provide information on these rules at the passenger’s request.

2.4 Due to unavoidable reasons related to aviation, the schedule, departure and arrival times, as well as the route and the indicated airline may be changed. The Travel Agency reserves the right to change the schedule and route. If, when the travel package is put together, the air transportation takes place on a scheduled flight, and / or if the Traveler has a valid flight ticket confirmed by the airline after the conclusion of the contract, as well as a confirmed hotel reservation, then the cancellation is the responsibility of the specific airline and / or airlines providing the service and / or the accommodation it is possible based on the current cancellation policy, subject to its conditions and fees. In addition, the Traveler is also obliged to pay compensation to the Travel Agency based on the provisions of clause 4.5 of these General Terms and Conditions.

2.5 If, when the travel package is put together, the air transportation is not on a scheduled (so-called charter) flight, in the event of cancellation, the Traveler is obliged to pay compensation to the Travel Agency as specified in point 4.4 of these General Terms and Conditions.

2.6 In the case of traveling by plane, if the airline tickets have already been issued due to the strict regulations of the airlines, the Traveler cannot demand a refund from the Travel Agency.

The Traveler is obliged to find out about the special regulations of the airlines (e.g. baggage transport rules, air travel contract).

 

Transfer

2.6 The Traveler is entitled to transfer his rights and obligations arising from the contract for the travel package to a person who meets all the conditions contained in the contract, if he notifies the Travel Agency of this on a durable data medium, at least seven days before the start of the travel package. The party withdrawing from the travel contract and the party entering the contract are jointly and severally responsible for the payment of the participation fee as well as additional fees, charges and other costs resulting from the transfer of the contract. The Travel Agency informs the party withdrawing from the contract of the actual costs of the transfer. The Travel Agency will provide the documents relating to additional fees, charges and other costs resulting from the transfer to the party withdrawing from the contract.

 

Amendment

2.7 The Travel Agency reserves the right to unilaterally change the terms and conditions of the travel package prior to the start of the travel package, if the change is not significant, provided that it informs the Traveler about this on a durable data medium.

2.8 If, before the start of the travel package, the Travel Agency significantly changes the essential element of the travel service for reasons beyond its control, or is unable to fulfill the special needs related to the service ordered by the Traveler and accepted by the Travel Agency, and if the total price of the travel package is more than proposes to increase it by eight percent, the Traveler – within a reasonable deadline specified by the tour operator – is entitled to accept the proposed change or to terminate the contract regarding the travel package in writing without paying a penalty.

2.9 If the travel contract is amended for a reason that arises within the scope of the Traveler’s interests (administrative nature or change of a non-essential element of the travel contract), the Traveler – in the absence of a different provision – will be charged EUR 30€/person in addition to the costs incurred by the Travel Agency in connection with the amendment you have to pay.

2.10 If the Traveler wishes to change an essential element of the travel contract (e.g. destination, time, etc.), the change is possible only by canceling and making a new reservation upon payment of a penalty.

 

1. Payment Terms

3.1 The participation fee – in the absence of a different stipulation – includes the price of the services included in the announced program of the trip, the one-time booking/procedure fee of the Travel Agency, as well as the organization cost, as well as the amount of VAT. It does not include passenger, accident, baggage and trip cancellation insurance, possible visa fees, and fees that will be charged separately (e.g. the value of optional programs to be paid locally, education, deposit, transporting more or larger suitcases than allowed, etc.) and does not include the fee for changes arising in the Traveler’s sphere of interest, the amount of which is communicated to the Traveler by the Travel Agency in the booking confirmation in the case of an accommodation reservation, in the case of a flight ticket, the rules of the airline apply.

3.2 When concluding the contract for the travel service, the Traveler is obliged to pay a maximum of fifty percent of the participation fee as an advance payment – in the absence of a different agreement. If the organizing partner or airline imposes a stricter obligation on the Travel Agency, the Travel Agency can require a higher advance payment.

3.3 The confirmation of the reservation includes the amount of the total fee (participation fee and other costs: tax, levy, other mandatory charges) to be paid under the travel contract (collectively: “Service Fee”) in EUR, the terms, order and method of payment, as well as the fee information on the possibility of its modification and the method of calculation; the amount of the participation fee determined in forints; as well as the amount of taxes, duties and other mandatory charges to be charged separately in addition to the participation fee, determined in forints; and the indication of possible additional costs.

In the travel contract, the Travel Agency indicates the amount of the Service Fee in euros and/or dollars based on the currency exchange rates valid on the date of conclusion of the contract.

The traveler acknowledges that the EUR prices are informative, and that the amounts specified in the travel contract in EUR may change depending on current exchange rates. In the case of payment in forints, the selling rate of the Raiffeisen Bank valid on the day of the euro/dollar payment shall apply.

The traveler acknowledges that the Travel Agency is entitled to a unilateral fee increase due to changes in the prevailing exchange rates.

The Travel Agency specifically reserves the right to unilaterally increase fees due to changes in the prevailing exchange rates.

3.4 In the absence of a different agreement, the Traveler must pay the Service Fee to be paid on the basis of the travel service contract no later than 30 days before the start of the trip, so that it appears on the Travel Agency’s bank account no later than the date indicated in the booking confirmation. If the Traveler does not pay the Service Fee or not in full by the time indicated in the booking confirmation, the booking system of the Travel Agency will automatically cancel the booking. The Traveler acknowledges this by accepting these general terms and conditions.

3.5 Failure to meet the payment deadline results in the termination of the travel contract. In such a case, the Travel Agency considers the Traveler to have canceled the trip, and the conditions specified in point 4 of these General Terms and Conditions apply.

3.6 The Travel Agency may increase the fee payable under the travel contract only in the following cases: the price of passenger transport, the costs of fuel or other energy sources; taxes, levies and other mandatory charges imposed by third parties not directly involved in the performance of partial services undertaken in the contract (so in particular resort fee, anchoring fee, airport fee, etc.); or changes in the prevailing exchange rates.

The Travel Agency is obliged to notify the Traveler of the fee increase no later than twenty days before the start of the travel service.

3.6 The level of the fee increase must be proportional to the level of the increase in costs.

3.7 The Travel Agency is obliged to inform the Traveler of the reason for the fee increase and the method of calculation of the modified fee simultaneously with the notification of the fee increase.

3.8 If the travel contract is concluded within 30 days before the start of the trip, the Traveler is obliged to pay the full participation fee at the same time as signing the contract.

3.9 In case of payment by bank transfer, the payment shall be considered completed on the day when the amount paid has been credited to the bank account of the Travel Agency.

3.10 The Travel Agency will issue an electronic invoice to the Traveler after payment of the entire Service Fee by the Traveler. The invoice can be collected in person at the office of the Travel Agency, or at the Traveler’s special request, the Travel Agency will send it by post or electronically.

 

1. Termination

Termination by traveler

4.1 The Traveler has the right to cancel the travel contract at any time with a written statement. The notice of cancellation becomes effective when it arrives at the Travel Office.

4.2 It is also considered a cancellation if the Traveler does not start his trip without prior written declaration. In such a case, the date of the start of the trip shall be considered the date of cancellation.

4.3 If the travel contract is terminated for a reason that arises within the scope of the Traveler’s interests, the Traveler is obliged to pay compensation.

The Govt. r. Taking advantage of the option provided in Section 8, paragraph (1), the Parties agree on a compensation in the event of the Traveler’s cancellation, the amount of which – depending on the date of communication of the Traveler’s written cancellation – is as follows (determined as a percentage of the participation fee):

      – 10% (ten percent) but at least EUR 30/person (thirty EUR per traveler) in case of cancellation sixty-one (61) days before the start of the trip at the latest,

       – 60-31. 40% (forty percent) in case of termination between

       – 30-15. 70% (seventy percent) in case of termination between

       – 100% (one hundred percent) in case of cancellation within 14 days.

        (termination is only valid in writing).

The Traveler declares that he does not consider the amount of compensation to be excessive, therefore he expressly, definitively and irrevocably waives his right to reduce it.

4.5 If, when the travel package is put together, the air transportation takes place on a scheduled flight, and / or if the Traveler has a valid flight ticket confirmed by the airline after the conclusion of the contract, as well as a confirmed accommodation reservation, in the event of cancellation, the Traveler, in addition to the provisions of clause 2.4 of these General Terms and Conditions, to the Travel Office regardless of the date of cancellation, he is also obliged to pay a compensation of 10%.

4.6 In the case of trips, travel packages and services organized by a foreign or other tour operator mediated by the Travel Agency, the amount of compensation may differ from that on which the Travel Agency provides accurate information at the time of the order.

4.7 The amount paid as an advance is included in the amount of the compensation.

4.8 The amount of the compensation may not exceed the amount of the participation fee.

4.9 The administration fee (one-time reservation fee) will be deducted regardless of the date of cancellation and the amount paid.

4.10 The Traveler is entitled to terminate the travel contract without paying a penalty if the Travel Agency wishes to significantly modify the travel contract before the start of the trip, especially if it wishes to increase the participation fee by more than 8%. The Traveler is obliged to notify the Travel Office immediately, in writing, of his cancellation. In this case, the Travel Agency will refund the entire amount already paid.

4.11 If the destination, or the route leading to it, is already on the website of the ministry headed by the minister responsible for foreign policy, on the website of the ministry responsible for foreign policy, on the list of travel destination countries and regions that are not recommended for travel, the Traveler may not invoke the bereavement fee when terminating the contract after the conclusion of the contract. right of cancellation without payment. In this case, the Traveler is obliged to pay the compensation amount specified in these General Terms and Conditions.

4.12 If the Traveler is unable to participate in the trip due to his own fault, due to a violation of the law after the start of the trip, or for any other reason, or if he does not use any service by his own decision or for a reason arising in his interests, the participation fee or the refund of its proportional part shall be You cannot demand it from a travel agency.

4.13 The Traveler acknowledges and accepts that the fact that either the destination country, the transit countries affected by the trip, or Hungary imposes a negative test and/or quarantine obligation as a condition of the trip in connection with the COVID epidemic, does not result in the incorrect performance of the travel contract and / or its impossibility, and is not considered an independent reason for termination. If the Traveler wishes to cancel the trip with reference to these circumstances, it is considered a cancellation regulated in this clause of these GTC, and the Traveler must pay compensation.

 

 Termination by Travel Agency

4.15 If the Travel Agency terminates the travel contract for reasons other than the Traveler’s interests, the Traveler may request a substitute service of the same or higher value than the original. If the Travel Agency is unable to provide such a substitute service, or if the Traveler does not accept the offered substitute service, the Travel Agency is obliged to refund the entire fee paid within fourteen days of termination.

If the substitute service offered and accepted by the Traveler is of a lower value than the original, the Travel Agency is obliged to reimburse the Traveler for the price difference.

4.16 If the substitute service is of lower value than the original, the Travel Agency is obliged to reimburse the difference in price to the Traveler within 14 days from the date of cancellation. If the substitute service offered and accepted by the Traveler is more expensive than the original service, the Traveler must pay the price difference to the Travel Agency by the deadline specified in the notification.

4.17 The Travel Agency has the right to terminate the contract for the travel package without any obligation to pay compensation and is obliged to refund the entire fee paid to the Traveler as consideration for the travel package if the number of persons applying for the travel package does not reach the minimum number specified in the travel contract and, in the absence of a different agreement, in the case of journeys longer than six days, at least twenty days before their start; for trips lasting between two and six days, at least seven days; in the case of trips shorter than two days, it will notify the Traveler in writing at least forty-eight hours in advance.

4.18 The Travel Agency is entitled to terminate the contract for the travel package without any obligation to pay compensation, if unavoidable and extraordinary circumstances unforeseen at the time of the conclusion of the contract prevent performance. The Travel Agency is obliged to notify the Traveler of this without delay.

 

1. Faulty performance / Compensation

5.1 The Travel Agency is responsible for damages resulting from the breach of the travel contract, unless the breach of contract is attributable to the Traveller; or it can be traced back to the behavior of a third party who is not related to the performance of the travel service included in the travel contract and the breach of contract could not have been foreseen by the Travel Agency even with reasonable expectations or was unavoidable; furthermore, if it occurred due to unavoidable and extraordinary circumstances (force majeure).

5.2 The Travel Agency is responsible for the performance of the services included in the travel contract even if it uses a travel contractor (hereinafter: travel agent) in the performance of the service, unless the contractor’s liability is limited by an international convention.

5.3 The Traveler is entitled to a discount for the period during which the performance was not in accordance with the contract, provided that the breach of contract can be blamed on the Travel Agency.

5.4 The Traveler is entitled to compensation for any damage suffered by the Traveler due to non-contractual performance of services.

5.5 The Travel Agency assumes no responsibility for damages resulting from the possible invalidity of the Traveller’s travel documents.

5.6 If the Travel Agency mediates the services of another travel agency that sells travel services, organizes travel, or mediates travel, the Traveler may assert his warranty claims against the obligee of the mediated service.

5.7 The Traveler is directly responsible for the damages he causes to third parties during the trip.

5.8 The Travel Agency is not responsible for damages resulting from the loss or damage of the Traveler’s luggage, which the Traveler must report to the airlines, participating accommodation providers, and local authorities.

5.9 The parties agree that the amount of compensation cannot exceed twice the amount of the participation fee, and the Travel Agency’s responsibility is limited to direct damages.

5.10 The Traveler must notify the Travel Agency in writing of any claim for damages within 7 days of his arrival.

 

1. Objection, complaint, supervisory body

6.1 In the event of defective performance, the Traveler may assert a warranty claim.

6.2 In the event of faulty performance of the service specified in the travel contract, the Traveler must immediately communicate his complaint to the flight attendant or, failing that, to the on-site service provider. The passenger’s objection, as well as the fact of communicating it to the on-site service provider, must be recorded by the passenger in a protocol, one of which, signed, belongs to the Traveler. The traveler acknowledges that receipt of the on-site protocol by the local representative does not mean recognition of the objections contained therein. The minutes must include whether the merits of the objection have been assessed, or whether any measures have been taken to remedy the situation on the spot.

6.3 If the local service provider does not remedy the breach of contract in a manner acceptable to the Traveler, or if there is no accompanying person, the Traveler must immediately inform the Travel Agency in writing. The Traveler is responsible for damage resulting from the delay in communication. The Travel Office is obliged to investigate the complaint within 30 days from the date of receipt and to provide the Traveler with a substantive answer in writing.

6.4 Objections/complaints can only be submitted in writing to the following email address:info@myMaldives360.com or by registered mail, address: Smart Trend Ltd. Hungary, 2724 Újlengyel Petőfi Sándor u. 48.

6.5 CLV of 1997 on consumer protection. pursuant to law, the Traveler may initiate a procedure at the conciliation body organized by the Chamber of Commerce and Industry, which is competent according to his place of residence/stay/headquarters, if he tried to settle his complaint at the Travel Office, but it did not lead to a result. In the absence of the Traveler’s domestic residence and place of residence, the jurisdiction of the conciliation body is established by the seat of the Travel Office.

6.6 Detailed information on the seat and contact details of the conciliation bodies can be found on the following link:https://bekeltetes.hu  Under the “Boards” menu item.

6.7 In order to resolve consumer legal disputes, the Travel Agency uses the conciliation board procedure as follows: the Travel Agency cooperates in the conciliation procedure, it does not – in advance – recognize the decision of the acting council as binding, and does not submit a declaration of submission.

6.8 In the event that the travel package is provided by a travel agent, the Traveler is entitled to address his comments, requests and complaints regarding the performance of the travel package directly to the travel agent from whom he purchased the travel package. The travel agent is obliged to immediately forward the traveler’s comments, requests and complaints to the Travel Agency. In terms of compliance with deadlines and limitation periods, communication with the travel agent is considered communication with the tour operator.

 

1. Legal disputes

In the course of their possible legal disputes arising from this contract, the Parties strive to reach an agreement and attempt to settle them through negotiations, out of court. In case of failure, the parties shall stipulate the Budapest XI. The exclusive jurisdiction of the District Court.

 

1. Other provisions

8.1 The Travel Agency has concluded with Aegon Magyarország Zrt.. (headquarters: 1091 Budapest, Üllői út 1.) according to Act No. 213/1996 on travel organization and intermediary activities. (XII. 23.) Contract for compulsory insurance and property collateral stipulated in the Government Decree. The insurance provides coverage to cover the costs of measures to be taken on behalf of the Traveler who is in an emergency situation due to the insolvency of the Travel Agency, such as repatriation and the costs of the forced stay abroad.

 STATEMENT OF THE TRAVELER

I certify that with my signature

• I have familiarized myself with the general contractual terms and conditions of Smart Trend Ltd. as a tour operator (including the ordered travel service and the tour operator’s information about it, especially the information, useful information and information about the given country in the program brochure and website) before concluding the contract, and the travel organizer made it possible for me to get to know them in a clear, comprehensible, express and legible way, and I accept these conditions without reservation, so I acknowledge that they become part of the contract when the travel contract is concluded,
• The undersigned Traveler, I confirm with my signature that the description, price list, information, and notice of the travel and insurance service(s) ordered by me, or I received it before concluding the travel contract, or I viewed them, got to know their contents in detail, understood them, and accepted them on behalf of the passengers I represent.

 

VAT tv. Based on § 206. paragraph (l) point c) I hereby further declare that the travel service

• I use it as a non-taxable person or as a non-taxable person, i.e. as a traveler, (as an individual) or
• as a taxpayer in my own name and for my benefit, i.e. as an end user (i.e. passenger) (invoicing to the company name)
• as a taxpayer in my own name, but for the benefit of someone else (i.e. I am not using it as a passenger (invoicing to a company name will charge the entire service +27% VAT).

 

By signing this document, I consent to the travel organizer, as a data controller, handling the personal data provided by me in connection with the provision of the travel service, forwarding it to those involved in the provision of the service and, where appropriate, to a third country.

The tour operator, as a data controller, manages the personal data of the Traveler provided in the travel contract and that of his fellow passengers under the title of performance of the contract. The personal data will be transferred to the employees and data processors of the tour operator’s customer service for data processing. The period of storage of personal data after the termination of the contract is the period prescribed by law. The data processing information can be found on the tour operator’s website in the data management information sheet.

 

• By signing this contract, I clearly and expressly consent to the travel organizer sending/not sending marketing messages addressed to me at the e-mail address provided below: E-mail address:

 

I declare that I have carefully read, understood and taken note of the above information and information from beginning to end.

 

 

 

Date: Name and signature,

The document was prepared: 01.12.2022.