Pt.I:
General Terms and Conditions of Totof Tours Mauritius
1.1) Scope of Application:
The following Terms and Conditions (hereinafter “T&C”) of Totof Tours Mauritius (hereinafter “Provider”) will apply to all Reservations, for the Excursions offered on the Website: www.Totof-Mauritius.com.
The inclusion of deviating, customer-specific, own Terms and Conditions is hereby rejected, unless otherwise agreed.
1.2) Note regarding online payment processing:
Hello Mauritius Highlights LTD, is legally responsible for processing all online payments via PayPal and Credit Card, for all Excursions offered on the Website.
2.) Conclusion of Contract:
The content descriptions, contained in all Offers on the Website, does not represent a binding offer on behalf of the Provider, but serves to submit a binding offer by the Client.
The Client can submit his offer, by using the Booking or Inquiry Formular, integrated on the Website. After placing the selected Excursion into the virtual shopping cart and completing the electronic Booking process, the client submits a legally binding contract offer with regard to the Offers, selected in the Shopping Cart. Additionally, the Client can submit an binding offer, by Phone, WhatsApp or eMail.
The Provider can accept the client’s offer within three days, by sending the client a written order confirmation by eMail, either in form of a Payment Confirmation or by providing a Ticket for the Reservation. Additionally by requesting a payment from the Client, for a Booking Inquiry, after the Client has provided the Reservation Request and the requested Service is available.
The period for accepting the offer begins on the day after the offer is sent by the Client and ends on the expiry of the third day following, after sending the offer. If the Provider does not accept the Client’s offer within the aforementioned period, this is deemed to be a rejection of the offer, with the consequence that the Client is no longer bound by his declaration of intent.
When submitting a Reservation or Booking Inquiry via the Provider’s online Booking Formular, all contract relevant order and Booking components will be saved by the Provider, after the contract has been concluded. The Provider will not make the contract details accessible beyond this.
Before submitting a binding order via the Provider’s online Booking Formular, the Client can identify and avoid possible input errors by double checking the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s zoom function, which helps to enlarge the display on the screen. The Client can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he confirms his Reservation by clicking the Button to submit his Booking.
Different languages are available for concluding the contract. The specific language can be changed and selected on the Website.
Booking processing and contact are usually carried out via eMail and automated Reservation processing. The Client must ensure that the eMail address provided for the Booking processing is correct so that eMails sent by the Provider can be received at this address. In particular, when using SPAM filters, the Client must ensure that all eMails sent by the Provider or by third parties commissioned by the Provider to process the Reservation can be delivered.
3.) Right of Withdrawal:
Clients are generally entitled to a Right of Withdrawal.
Further information on the Right of Withdrawal can be found in the Provider’s Cancellation Policy, which can be accessed under the following link: https://www.totof-mauritius.com/cancellation-policy/
4.) Prices and Payment Terms:
Unless otherwise stated in the Provider’s Excursion Description, the prices stated are total prices that include statutory sales tax.
For Bookings & Reservations, purchased from Clients, in whose countries the currencies offered on the Website are not available as a standard currency, additional costs may arise in individual cases for which the Provider is not responsible and which must be borne by the Client. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees) or exchange rate fees charged by the Payment Service Provider for converting the invoice amount into the local currency.
The offered payment options will be communicated on the Website, during the Checkout process.
If you choose advance payment by Bank Transfer or by Juice, the amount for the Reservation is due immediately after conclusion of the contract, unless the parties have agreed on a later due date. All necessarily information regarding the Bank Transfer / Juice Payment will be provided, together with your Reservation.
If you choose PayPal or an alternative Payment Service Provider, please note that the complete payment and transaction will be carried out and processed by the Service Provider. We don´t have any access to your personal payment details. After a successful transaction, you´ll receive automatically a payment confirmation from the Payment Service Provider through E-Mail.
5.1) Liability:
The Provider is liable to the Client for all contractual and legal claims for damages and reimbursement of expenses as follows:
a) The Provider is liable to the extent of national and statutory provisions, in the following cases:
– in the event of intent or gross negligence.
– in the event of intentional or negligent injury to life, body or health.
b) If the Provider negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract.
c) Otherwise, the Provider’s liability is excluded.
d) The above liability regulations also apply with regard to the Provider’s liability for his vicarious agents and legal representatives.
5.2) Extended Liability Disclaimer:
The Provider assumes no liability for personal equipment and valuables that get damaged during the excursion. Nor is liability assumed for money and valuables that get lost or stolen during the excursion. In addition, the Provider expressly points out that the Client always remains responsible for his personal belongings and is obliged to keep his personal money and valuables safe.
6.) Applicable Law:
The national law of Mauritius applies to all legal relationships between the parties. By authorising the payment for a Booking or Reservation, the Client confirms and accepts that he has read and understood this provision.
7.) Place of Jurisdiction:
The exclusive place of jurisdiction for all disputes arising from this contract is the Provider’s place of business. If the Client is based outside the territory of Mauritius, the Provider’s place of business remains the exclusive place of jurisdiction for all disputes arising from this contract.
Pt.II:
Extended Terms and Conditions for all Excursions
1.) The following additional conditions will apply to all Bookings & Reservations:
For our full-day excursions offered, a minimum number of 5 adult Clients is required to carry out the excursion. If this minimum number of Clients is not reached for the booked excursion day, we reserve the right to postpone or to cancel the excursion. We will communicate this matter in time, latestly one day before the excursion. If it is not possible to reschedule the excursion, you will either receive your deposit or a full refund.
Additionally please note, that the excursion will still be carried out under rainy weather conditions, unless the excursion will get cancelled through us, in order not to endanger the safety of our Clients. In this case, our general Cancellation Policy will apply, which can be found under the following link: https://www.totof-mauritius.com/cancellation-policy/
In case of Cyclonic Conditions in Mauritius, please note, that as from “Cyclon Warning Class II”, which will be announced from the Mauritius Meteorlogical Services, all kind of Excursions are no longer allowed to provide and Excursions that have already begun, can be stopped immediately at any time. As this is a “force majeure” event, a refund for Excursions that have already begun and have to be stopped, is unfortunately not possible. We will reschedule all other Reservations to a day on which the Cyclon Warning Level has been lifted and it is possible again, to offer our Excursions. If it is not possible to reschedule the Excursion, you will either receive your deposit or a full refund.
Particularly please note, that we reserve the right to adapt the itinerary and timetable at any time, accordingly to the current tidal and weather conditions.
2.1) General Conditions of participation & Information Obligations for all Clients:
• The consumption of alcohol before the start of the Excursion is strictly forbidden!
• The consumption of drugs is prohibited at any time!
• If you don´t know how to swim, it is your duty to inform the Skipper immediately!
• It is your duty, to inform us before the start of the Excursion, if you have any medical or physical handicaps, that could affect your health during the participation in the Excursion!
• It is your duty, to inform us before the start of the Excursion, if you are pregnant and if the participation in the Excursion could affect your health or the well-being of the unborn baby!
2.2) General exclusion of liability:
If a Client knowingly or unknowingly disregards one of the conditions listed under point 2.1 and this results in personal injury and/or property damage, we will not accept any liability or claims for damages. In this case, the Client is personally liable for any kind of damages caused to other Clients and/or to our property, which has been provided for the execution of the Excursion.
In case of any violation of the conditions mentioned under point 2.1, we also reserve the immediat right at any time to exclude the Client from participation in the Excursion or to refuse his participation. In this case, no refund will be issued!