Terms and Conditions Of Mandelan Travel Agency
Mandelan Online Travel Agency's Terms and Conditions
Mandelan Online Travel Agency operator, Mandelan Kft. (hereinafter referred to as “Mandelan”), a Limited Liability Company registered in the, with the registered office at
1138-H, Kelén utca 3., Budapest
Registration number: 01-09-199909
Tax number: 25104101-2-41
stipulates hereunder the general terms and conditions applicable to the travel contracts it concludes.
- 1.Terms and Definitions Data Protection Policy: means the policy on the Website, that regulates personal data management by Mandelan, in particular policy informing on how Mandelan collects, uses and discloses the Client’s and/or Booking Person’s personally identifiable information (“personal data”) provided to Mandelan by the Client or Booking Person. Mandelan is a data controller of the Client’s and/or Booking Person’s personal data and processes it pursuant to terms and conditions specified in the Data Protection Policy.
General Terms and Conditions: means these terms and conditions that govern the matters and issues not stipulated in the special contract for the Travel Package selected by the Booking Person.
Down payment: refers to the payment of a sum in advance upon booking.
Booking Person: means a person over 18 years or a legal person, who makes the booking in his/her own name for himself/herself and/or in other Client(s) name for them and on their behalf.
Cancellation Charge: means the charge to be paid by the Client or Booking Person for the cancellation of the Travel Contract in accordance with the provisions set forth in Section 8.2 of the General Terms and Conditions.
We or Mandelan: refers to Mandelan Kft.
Decree: means the effective text of the Government Decree 281/2008. (XI.28.) on Travel Contracts
Conditions and Terms of the Contract: means the provisions stipulated in the Travel Contract.
List of Service Fees: means the list specifying the fees and rates charged by Mandelan as consideration for the services provided in the General Terms and Conditions
Total Fee: means the price to be paid as consideration for all the services provided by Mandelan including services provided by Service Providers to the Client under the Travel Contract, including the rates paid for client transport, accommodation and additionally the costs of other services stipulated in the Travel Contract.
Travel contract or Contract: means Travel Contract made between the Client and Mandelan, with the content defined in the Confirmation, these General Terms and Conditions and the Data Protection Policy.
Confirmation: means the documents issued by Mandelan to the Client or Booking Person after the booking is made or the document issued to the Client to verify approval by Mandelan of alterations subsequently made by the Client regarding the confirmed booking.
The Client’s name and the details regarding Client’s transport and other travel related services stipulated in the Travel Contract are indicated in the Confirmation and information is provided on the Conditions and Terms of the Contract and other essential information to note.
In addition to these General Terms and Conditions some Service Provider has their own terms and conditions applicable to their products and services. Mandelan makes available the essential booking and usage terms and conditions of the Service Providers during the booking process on the Website and Before concluding the Contract, these General Terms and Conditions, the Terms and Conditions of their Service Providers (if any) and booking and usage conditions are recommended to be read with caution.
Clients are further recommended to check any specific conditions directly with the relevant Service Providers.
- 2.LEGAL CONTRADICTIONS
2.1. General Provisions
2.1.1. These General Terms and Conditions shall form an integral part of the Travel Contract in a state effective on the date when the booking is made.
2.1.2. In addition to these General Terms and Conditions some Service Provider has their own terms and conditions applicable to their products and services. Mandelan makes available the essential booking and usage conditions of the Service Providers during the booking process on the Website and Mandelan endeavours to make available the Terms and Conditions of other related services before the Contract is concluded.
2.2. Legal Contradictions
2.2.1. Should any provision of these General Terms and Conditions contradict any applicable orders of binding law the latter shall govern and supersede the contradicting provisions of the Travel Contract. The rest of the General Terms and Conditions shall remain enforceable and effective.
3. TRAVEL CONTRACT
3.1. Conclusion and Content of the Travel CONTRACT
3.1.1. The Travel Contract is made when the Confirmation is issued in the case of online booking upon the payment of the Total Fee.
3.1.2. Mandelan functions as a Tour Operator in accordance with the Decree related to services included in the Travel Package. The services include intermediated services.
3.1.3. The Travel Package offered by Mandelan cannot be purchased unless the Conditions and Terms of the Contract if applicable are accepted.
3.2.1. The Confirmation shall attest that the Travel Contract is made between the Client(s) and Mandelan.
3.2.2. Voucher shall be sent to Client upon purchase along with a confirmation email.
188.8.131.52 If upon booking Client should not receive confirmation via email, Client is urged to seek assistance via [email protected]
3.2.3. Should the Client alter any items of the reservation in accordance with these General Terms and Conditions after the Confirmation is issued, Mandelan shall issue an updated Confirmation to the Client to verify acceptance of the changes. In such cases the updated Confirmation shall form integral part of the Travel Contract.
4.1. General Provisions
4.1.1. Booking through the Website is to be made by a natural person for the purpose of an independent trip.
4.1.2. Valid contact information (telephone/mobile number and e-mail address), facilitating contact with the Client any time, shall be provided to Mandelan by the Client or the Booking Person acting on behalf of the Client. The Client shall be responsible for the accurateness of data provided and to ensure that the Client has access to the contact channels specified and the e-mail account is checked regularly. The Client shall be responsible for ensuring that the telephone numbers are given accurately including the country and area codes and that the Client can be contacted via the number(s) given when the booking is made.
4.1.3. If the Booking Person is not the Client, the Booking Person is deemed to have accepted the Conditions and Terms of the Contract on behalf of the Client(s) specified in the reservation. Mandelan is not obliged to verify whether the Client is represented by the Booking Person lawfully. In accordance with this Section, the obligations and liabilities binding to the Client shall be assumed by the Booking Person, while the rights are vested on the Client. The Client shall accept the Travel Contract and the actions taken by the Booking Person as binding upon the Client in order to use the Travel Package.
4.1.4. If the Booking Person is not the Client and the Client’s contact data are provided in the reservation, the Client and the Booking Person agree that the Booking Person (a) shall be responsible for receiving and forwarding to every Client, referred to in the booking form, any and all communication/correspondence from Mandelan or the Service Providers (including alterations, modifications and cancellation); and to inform every Client referred to in the booking form about any notices relevant to the reservation or the Travel Package that the Booking Person receives from Mandelan. Additionally, the Client and the Booking Person agree that any refund and, where applicable, incidental expenses or compensation due and payable under the booking may be transferred to the Booking Person in accordance with the information provided by Booking Person during the booking process.
4.1.5. The Booking Person, after acceptance of these General Terms and Conditions, shall provide the personal data and particulars for the purposes stipulated in the Data Protection Policy. The Client shall consent to the use of the contact information (provided by the Client or by the Booking Person under the authorisation granted to the Booking Person by the Client) by Mandelan as data controller pursuant to provisions of the Data Protection Policy. The Client and/or Booking Person shall be fully liable for transferring the personal data in accordance with the General Terms and Conditions and the Data Protection Policy.
4.1.6. If a third party makes the booking (including booking engines), such third party (e.g.: travel agency) shall act as a Booking Person and Sections 4.1.3 to 4.1.5 shall apply to the said third party.
4.1.7. The Client’s full name shall be provided to Mandelan as indicated in the documents used for the identification of the traveller.
4.1.8. With the booking the Client explicitly declares that he or she become familiar with, understood and accepted current Conditions and Terms of the Contract and was informed separately on the contract terms materially different from the legal provision and general contract practice, if any, including but not limited to the conditions of refunds, claims and cancellations
4.1.9 Contracts for car rental and transfer services booked through our website are made between the Passenger and the relevant Service Provider and subject to their terms and conditions as displayed on the respective websites at the time of booking.
5. ClIENTS’ RIGHTS AND OBLIGATIONS
5.1. The Client is to pay the Total Fee in accordance with the Contract Conditions. Additionally, the Client shall confirm acceptance of the Conditions and Terms of the Contract.
5.2. The Client is to consider the place and date of departure specified in the Confirmation and the same shall apply to the return trip
5.3. The Client and Mandelan shall co-operate in the performance of the Travel Contract. The Client shall notify Mandelan about any changes in the personal data without delay, especially when the contact data change (including telephone numbers, email) and about changes to the travel documents. The Client shall make sure that all data provided at the time of booking are accurate. The Client shall possess valid documents required for the traveling (including but not limited to ID card, passport, visas, declarations for children, etc.).
5.4. Furthermore, the Client shall check that the name in the travel documents is identical with the name indicated in the confirmation for the Client’s booking. If the Client’s name changes after the Travel Package is booked, but before the departure time of the travel, with reservation of point 8.1.2., Mandelan shall be notified without any unreasonable delay so that Mandelan can take all the steps necessary for the changes in the documents relevant to the Travel Package. Copies of documents verifying the changes in the name shall be attached to the notification by the Client.
5.5. Clients under 18 may participate in travels only when accompanied by an adult. Other restrictions or conditions may be levied on travels involving minors as participants by the Service Providers. Mandelan strongly recommends Clients to check those conditions with the respective Service Provider as well before confirming a booking.
5.6. The Client shall adhere to the prevailing statutes, regulations and laws applicable to travels and to observe and respect the law of the recipient country. Clients shall be held liable for any 5 damages and costs directly attributable to the Client not adhering to the prevailing statutes, regulations and laws of the recipient country.
5.7. In case the Terms and Conditions of any Service Provider is not available in a language that the Booking Person or Client understands, then Mandelan recommends the Booking Person not to proceed with the booking on the Website or seek for assistance via [email protected]u
5.8. A travel insurance for the case of accidents covering the costs of therapy for the Clients participating in a foreign travel is included in the Travel Package under the compulsory regulations of a local law. In such cases the Clients are informed about that fact during the booking process. When the travel insurance is not included in the Travel Package, Mandelan strongly recommends the Client to take an appropriate insurance for the duration of the trip.
6. MANDELAN’S RIGHTS AND LIABILITIES
6.1. Mandelan shall not assume liabilities for non-performance or improper performance of the Travel Contract due to force majeure, act or omission of the Client or (iii) due to act or omission by third parties that do not participate in the performance of the Travel Package, if such act or omission could not be anticipated.
6.2. The Prices offered by Mandelan represent the Total Fee. The Total Fee includes all fees, charges and sales taxes levied by Mandelan on the Client under the Travel Contract. Mandelan provides as complete as possible information for the Clients in the Travel Contract regarding any additional charges or fees for services/ items which are not covered by the Travel Contract but may be payable locally such as optional extra services offered by the hotel or local tourist taxes.
6.3. Mandelan reserves the right to change the Total Fee of the offered Travel Package out of business interest (e.g.: first minute, last minute special offers) before the departure time of the actual travel.
Modification of the Total Fee in this manner shall not apply to already made bookings and concluded contracts.
6.4. Mandelan shall issue and deliver to the Client every travel related document after the Total Fee is paid by the Client in accordance with the relevant payment terms, in the form of the Confirmation.
6.4.1 The Confirmation, received by the Client via e-mail, includes the reservation codes and detailed information on the travel.
6.4.2. The Client shall present to the Service Provider the booking reference number (displayed on voucher) and/or the email including the Confirmation, to evidence that the Client confirmed booking.
6.4.3. Mandelan publishes on its Website various information about the products and services provided and offered by Service Providers and exercises reasonable care in making sure those are as accurate as possible, but it can make no representations about the accuracy and completeness of the data contained in such offers.
7. TERMS OF PAYMENT
7.1. General Terms of Payment
7.1.1 In the case of contracts concluded earlier than the 30th day prior to the departure date, unless otherwise stipulated in the Conditions and Terms of the Contract and subject to Section 7.2 herein, the Client shall pay 40% of the Total Fee as Down Payment when booking. The Cliemt shall pay the outstanding amount of the Total Fee the latest by the 30th day prior to the departure date. The payment shall be considered performed on the date when the required amount is credited on Mandelan’s bank account. If the Client fails to pay the outstanding amount on time, Mandelan retains the right to cancel the booking. In such case Mandelan will charge the Client for the handling costs incurred in fact by Mandelan (service fee), as set out on the List of Service Fees and cost incurred in fact by Mandelan due to the cancelation towards the Service Providers. Mandelan informs Clients about the terms of payment and cancelation of booking with regard to the services covered by the Travel Contract before the Travel Contract is concluded.
7.1.2. In the case of a contract concluded within 30 days prior to the departure date the Client shall pay 100% of the Total Fee when booking. The payment shall be considered performed on the date when the required amount is credited on Mandelan’s bank account. If the Client fails to pay 100% of the Total Fee for the set deadline, the Client is deemed to withdraw from the Travel Contract and is not entitled to use the Travel Package.
7.1.3. If booking is made through the Website, payment shall be made with credit or debit card.
7.1.4. Unidentifiable payments will be returned by Mandelan to the bank account the original payment is made from. The Client shall bear the costs of such a return transfer incurred in fact by Mandelan.
7.1.5. The Client shall be responsible for the payment of the Total Fee even if a third party pays the Total Fee. The booking may be cancelled or the payment may be blocked of the credit card or debit card or the payment via bank transfer and/or and the data provided when booking upon our sole discretion raise the probable risk of fraud or it may be assumed that the card owner or the Client is involved in some fraudulent activities or malpractice is suspected.
7.2.1. In certain cases, terms of payment other than those stipulated in Section 7.1 herein may also apply to certain types of the Travel Agreement in the following cases
184.108.40.206. when a contract with a foreign Service Provider stipulates stricter conditions; or
7.2.2. Notwithstanding the terms detailed in Section 7.1 herein, in the case of online booking through the Website the Passenger shall pay 100% of the Total Fee at the time of booking.
7.3.1. Mandelan issues an electronic invoice after the booking.
7.3.2. The Client accept expressly that Mandelan will issue electronic invoices on the Total Fee exclusively sent to the Client’s e-mail address provided when booking.
7.3.3. Should the Booking Person wish to have a name and address indicated in the invoice other than those provided when booking online (and appearing in the e-mail of confirmation) this request shall be made by the Booking Person the soonest possible, preferably within 24 hours after booking in an e-mail sent to Mandelan at [email protected]
7.3.4. Electronic invoices shall be issued in line with the relevant Hungarian statutes.
7.3.5. In accordance with the relevant statutory regulations the prices announced by Mandelan include the VAT payable.
8. MODIFICATION AND CANCELLATION
8.1. Modifications initiated by the Client
8.1.1. Once the booking has been confirmed by Mandelan but the Client wishes to modify any part of the confirmed Travel Package (including but not limited to the Client(s)’s name(s), departure or arrival time, the accommodation), Mandelan shall take reasonable efforts to arrange for the amendment, but Mandelan shall not be held liable for the failure to do so.
8.1.2. The Client may transfer, without the consent of Mandelan, the rights and obligations arising out of the Travel Contract to any third party meeting the criteria specified in the Travel Contract. The Client shall notify Mandelan without delay about the transfer of the Client’s rights and obligations under the Travel Contract at least three (3) days before the departure date of the trip. The Client and the third party shall be liable jointly and severally for obligations and extra costs occurred in fact by Mandelan as a consequence of the transfer. The extra costs should be paid prior to the trip.
8.1.3. The Client shall pay a set charge for any modifications requested in accordance with the List of Service Fees and in accordance with these General Terms and Conditions.
8.1.4. In addition to the modification fee charged by Mandelan for any changes or modifications, the fee or any fare difference charged by and in accordance with the Terms and Conditions of the relevant Service Provider and invoiced directly to Mandelan will be re-charged to the Client in a transparent manner.
8.1.5. When the original Travel Package is modified, the price of the new trip will be defined based on the prices applicable on the date of request. Such prices may differ from those applied to the original booking.
8.2. Cancellation by the Client
8.2.1. Should the Client wish to cancel the booking under the Travel Contract once the Confirmation has been received, the Client shall pay the Cancellation Charge in accordance with the rules included in point 8.2.2. Requests initiating cancellation shall be made in writing by the Client or the Booking Person.
8.2.2. In the case of cancellation by the Client, the Client will be charged for the handling costs incurred in fact by Mandelan (cancellation fee), and as set out on the List of Service Fees and in accordance with these General Terms and Conditions.
8.2.3 In addition to the cancellation fee charged by Mandelan, cost incurred in fact by Mandelan due to the cancelation towards the Service Providers - in accordance with the Terms and Conditions of the relevant Service Provider - will be re-charged to the Client in a transparent manner. Mandelan informs Client about the terms of cancelation of booking of the services covered by the Travel Contract before the Travel Contract is concluded.
8.2.4. Please note that, depending on the terms of the Service Provider, certain cancellation requests could incur a total cancellation charge of up to 100% of the Total Fee, where the Service Provider services were sold on a non-refundable basis. Mandelan informs Client about the terms of cancelation of booking of the services covered by the Travel Contract before the Travel Contract is concluded.
8.2.5. Mandelan is entitled to set-off the Cancellation Charge against any payment to be performed by the Client.
8.3. Modification and Cancellation by Mandelan
8.3.1. Mandelan shall retain the right to amend the Travel Contract or the cancellation thereof in the case of force majeure.
8.3.2. Mandelan shall notify immediately the Client if Mandelan intends to amend substantial provisions of the Travel Contract or cancel the Travel Contract prior to the departure for reasons beyond Mandelan’s control with the reservation of point 6.3. In such cases the Client may accept the amended Travel Contract or may withdraw from the Travel Contract. In case the Client decides to withdraw from the Travel Contract, the Client may choose at his/her discretion to agree that Mandelan provides substitute services of the same standard or higher standard compared to the services covered by the Travel Contract or agree that Mandelan provides substitute services of the lower standard compared to the services covered by the Travel Contract and Mandelan reimburses the difference between the Total Fees applicable respectively to the services of the lower standard and services covered by the Travel Contract or demand the immediate reimbursement of all payments made to Mandelan. The Client shall notify Mandelan of the Client’s decision immediately, and as a consequence of amendments, the Parties shall amend the Travel Contract accordingly.
8.3.3. Mass reservation (either under one to more names) or booking without intention of travel are not allowed (including but not limited to indicating not existing or not living persons as Clients, or multiplied reservations by the same person). In case of such booking Mandelan is entitled to raise claims for damages against the Booking Person acting in the foregoing manner, and to cancel any such booking made with an intention described above.
9.1 Mandelan and its Service Providers endeavour to provide the exact services booked by the Booking Person however, in rare cases outside the control of Mandelan certain ad-hoc modifications locally might be necessary.
9.2 Generally, guests can check into a hotel or other accommodation around 3pm and check out at 11am, local time, however, local variances may apply. It is the responsibility of the guests to comply with general rules (including check-in and check-out times) of the accommodation, which are normally displayed on your hotel booking confirmation email.
9.3 Special package offers may include accommodation that are not listed among the standard accommodation offers at the Website. The General Terms and Conditions of the Travel Agreement shall also apply to the reservation of any such accommodations.
9.4. Passengers shall be aware that Mandelan and its subcontracted Service Provider may not be able to fulfil accommodation related claims, which have not been offered at the Website and that booking of rooms with a sea view is only an option through payment of extra surcharge at accommodations where available.
10.1. When the Travel Package is not completed the Client is entitled to lodge a complaint due to defective implementation of the Travel Contract to the Service Provider and to Mandelan. The Service Provider shall be notified of any complaints without delay. The complaint shall be investigated immediately and remedied if possible. In case the complaint cannot be resolved by the Service Provider to the reasonable satisfaction of the Client, then it should be recorded in writing and signed by the Client and the representative of the local Service Provider. If the Client and the local Service Provider are unable to solve the problem immediately, the Client shall get into contact with the Customer Service of Mandelan via [email protected] to seek further assistance.
10.2. Irrespectively of the right to lodge complaint when the Travel Package is not completed as stipulated in point 11.1 above, Client shall notify Mandelan of the complaints without any delay but in any case, within 30 days the latest after the trip.
10.3. During the utilisation of the Travel Package the Client shall take care of its luggage and valuables.
11. PASSPORT, VISA, CUSTOMS AND HEALTH REGULATIONS
11.1. Passport and visa regulations may vary, therefore the Client shall check with the competent embassy the applicable conditions well before the Travel Package is commenced. It is important to remember to include all transit points in the Client’s journey which may also require the Client to obtain a visa. It can often take some time to obtain a visa, so Client is advised to apply well in advance of the departure date of the relevant flight.
11.2 The Client shall be responsible for obtaining a valid passport or other travel documents, or a visa if need. Mandelan accepts no responsibility or liability for Clients who do not possess the required documents for entry into, exit from or transit through any of the countries for which Mandelan provides information (even if that is through a link to a relevant website) on the Website.
11.3. Entry to the destination country/ies might be subject to additional preconditions (e.g.: vaccination, vaccination certificate). The Client shall be responsible for complying with those requirements. Clients are advised to obtain details of all relevant requirements from the applicable embassy and/or consult with a qualified health professional when necessary.
12. RESTRICTION OF LIABILITY
11.1. Mandelan shall not be liable for non-performance or imperfect performance of the Travel Contract if the non-performance or imperfect performance of the Travel Contract results exclusively from: acts or omissions of the Client or by a person to whom the Client has transferred rights; and (ii) the acts or omission of the third party not involved in the performance of services under the Travel Contract, if these acts or omissions could not be anticipated or (iii) a force majeure event. Mandelan shall assume liabilities for damages proven by firm evidence and shall not be held liable for any lost profit, indirect or consequential damages.
12.2. The liability of Mandelan under the Travel Contract, for compensation or other liability may not exceed the amount of proven damages and may not exceed double the Total Fee, unless otherwise stipulated or ordered by the applicable international treaties (in particular including but not limited to the Montreal Treaty) or any cogent rules of the applicable law. The pertinent limitation does not apply to the personal injury.
12.4. The Client/ the Booking Person shall be held liable for any losses and/or damages caused to third party which are directly attributable to acts or omissions of respectively the Client and the Booking Person.
12.5. The Client may be expelled from the journey or excluded from a program due to conduct jeopardizing the travel mates or unlawful behaviour.
12.6. Without prejudice to the limitations set out in this Section, Mandelan shall in no event be liable in respect of any claim in relation to products or services purchased on the Website unless a written notice of the claim is lodged within a period of 12 months from the date of the travel.
13. INTEGRITY OF AGREEMENT AND SEPARABILITY OF PROVISIONS
13.1. Should any of the provisions stipulated in these General Terms and Conditions become invalid or unenforceable due to any reasons under the applicable law, any such provisions shall be separated from the General Terms and Conditions and disregarded, while the validity and enforceability of the rest of the provisions in these General Terms and Conditions shall be unaffected or unimpaired by the invalid provisions.
14. CHANGES TO THE GENERAL TRAVEL TERMS AND CONDITIONS
14.1. Mandelan retains the right to amend or update these General Terms and Conditions from time to time without prior notice. Sections 6:63 (5) and 6:67 (3) of the Act V of 2013 on the Hungarian Civil Code shall not be applicable. The updated version of these General Terms and Conditions is published and available on the Website when any alterations become effective. The Travel Package shall be governed by the General Terms and Conditions in force on the date of booking. Any amendment of these General Terms and Conditions will not infringe the rights of the Booking Person and/or Client obtained on the basis of the General Terms and Conditions before the pertinent amendment.
15. GOVERNING LAW AND JURISDICTION
15.1. Unless otherwise stipulated in any international convention or the cogent rules of any applicable law: a) these General Travel Contract Terms and Conditions and any transportation services on the provision of which Mandelan agree with the Booking Person and/or the Client (relevant to the Client and/or the luggage) shall be governed by the Hungarian law.