General Terms and Conditions of Use
PART 1: CONDITIONS FOR BOOKINGS OF TRAVEL SERVICES WITH PUTNIK TRAVEL
Travel Gate AG (hereinafter referred to as Putnik Travel or putnik.travel) acts as an agent for transport, accommodation and related services (flights, package tours, hotel bookings, rental cars, etc. (hereinafter referred to collectively as "trips")). Putnik Travel does not organize its own trips. In the event of a booking, the contract relating to the trip is concluded exclusively between you and the respective tour operator or provider (e.g. airline, hotel operator). The following conditions therefore apply exclusively to our brokerage activities and have no influence on the conditions under which the trips arranged take place. Separate reference is made to the general terms and conditions of the tour operators or providers.
I. SERVICES OF PUTNIK TRAVEL; AGENCY ORDER
1. By filling in the information fields and completing the booking process, you commission us to arrange a transport service or another service related to the implementation of a trip that is provided by a third-party travel provider. You are bound to your booking order. In order to make a booking, you must be 18 years or older.
2. Our contractual obligation is limited to arranging the trips offered and bookable. The implementation of the booked trip as such is not part of our contractual obligations. You can find the details of the travel services you have booked under your profile.
3. Another part of the service is that Putnik Travel will try to inform you by phone or email if there are short-term changes to your travel plan, e.g. if flights are rescheduled or canceled.
II. LIMITATION OF LIABILITY OF PUTNIK TRAVEL, WARRANTY
1. For the individual details of the trips, we rely on the information we receive from the respective organizers. Putnik Travel has no way of checking the accuracy of this information. Putnik Travel therefore gives you no guarantees or assurances regarding the accuracy, completeness or timeliness of this information. The same applies to other information contained on this website and provided by third parties.
2. Putnik Travel is also not liable for the availability of the trip at the time of booking or for the provision of the booked trip.
3. In all other respects, the limitations of liability in accordance with Part 3, Section I of these General Terms and Conditions apply.
III. BOOKING FEE; COLLECTION OF THE TRAVEL PRICE
1. Putnik Travel charges a reservation fee for arranging the trip. This will not be refunded if the trip is cancelled, unless the cancellation is due to the fault of Putnik Travel and/or its vicarious agents.
2. Flight & Hotel, Fly & Drive, city trips, hotels and rental cars can only be booked with a credit card. The possible payment methods are listed for each trip and other bookable services and may vary.
3. If you choose to use a credit card as a means of payment, you give us express authorization to collect the travel price owed using your credit card number on behalf of the tour operator.
IV. BOOKING CONFIRMATION; TRAVEL PLAN; TICKETS
1. The booking made by you or your travel manager is only considered accepted by us at the time you receive the booking confirmation in your name by email. If you do not receive an email confirmation within 15 minutes of completing the booking, you should contact us by phone. You are also obliged to access your profile on the website and view the travel plans, especially if, contrary to expectations, you have not received a booking confirmation. By confirming your booking on our website, or by phone or fax, you are entering into a binding contract with Putnik Travel for the arrangement of the trip.
Putnik Travel reserves the right to pass on to the customer within 2 working days any tariff changes that have arisen due to computer processing or exchange rate fluctuations.
2. You are also obliged to immediately check the booking confirmation you have received or the data in the saved travel plan for accuracy and to inform the tour operator of any inaccuracies or deviations from the original booking. Booking documents must also be checked immediately for completeness and Putnik Travel must be informed immediately of any non-receipt or missing booking documents. Inaccuracies or deviations reported late do not entitle you to withdraw from the contract.
3. When ordering a return flight ticket via the Putnik Travel website, you are obliged to take both the outbound and return flights. If you do not take the outbound flight, the return flight will be automatically cancelled. There will be no refund from the airline or Putnik Travel as the travel agent. This also applies if you do not take the return flight or if you do not take the trip at all.
4. In the case of hotel or rental car bookings, service vouchers will be sent as booking confirmation. Please hand these in immediately at the hotel or at the rental car company's counter.
5. In the case of package tours, you will receive the documents by post or at the airport counter. The latter will be communicated to you separately. Clause 6, sentence 4 applies accordingly.
6. Flight tickets can only be ordered as e-tickets.
7. Reconfirmation of return flights
The customer is responsible for confirming his return or onward flight with the airline at least 72 hours before the flight, otherwise the ticket may be cancelled. For flights to European destinations, such reconfirmation is not mandatory
V. RE-BOOKING/CANCELLATION
1. Rebooking a confirmed trip is only possible by withdrawing from the booked trip and simultaneously rebooking another trip, unless the tour operator has made special provisions for this. Any costs for rebooking or partial travel compensation to be paid in the event of rebooking are based on the terms and conditions of the respective tour operator or provider.
2. In the event of a final withdrawal from the contract by you, the amount of the costs incurred for this is based on the terms and conditions of the tour operator or provider. We recommend taking out travel cancellation insurance.
3. Cancellation of the trip must be declared to the respective tour operator or provider. If you still want to use Putnik Travel to communicate the cancellation, the cancellation must be made in text form for reasons of proof, i.e. e.g. by email, fax or letter, and stating the trip number.
VI. INFORMATION ON PASSPORT, VISA, FOREIGN EXCHANGE OR HEALTH REGULATIONS
If there are references on this website to passport, visa, foreign exchange or health regulations for your travel destination, it is assumed that you are a Swiss citizen. If this is not the case, please contact the embassy or consulate responsible for you with regard to this information.
As Putnik Travel relies on information from third parties (tour operators or authorities) for this information and the relevant regulations can be changed at any time, Putnik Travel makes no representations or warranties whatsoever regarding the accuracy, completeness or timeliness of this information. Putnik Travel is not liable in this respect.
VII. WARRANTIES ON YOUR PART; LIABILITY
1. You are liable for any use of this website by you and for the use of your account by others, in particular minors (under 18 years of age) living in your household and your travel managers.
2. You must supervise any use of this website by minors or your travel manager on your behalf or for your account. You also warrant that all information provided by you, your travel manager or members of your household when using this website is accurate and complete.
3. Minors (under 18 years of age) travelling alone can only be booked directly by Putnik Travel by phone or email. Reservations cannot be made via the website as minors must be registered directly with the airline.
4. Any speculative reservation, reservation made by taking advantage of an obviously false pricing or with fraudulent intent, or any reservation made in anticipation of increased demand is prohibited without limitation. The travel booking facilities on this website may only be used to make legitimate bookings or purchases for you or for another person for whom you are the travel manager or on whose behalf you are legally authorized to act.
5. Complaints
Any complaint must be submitted in writing to Putnik Travel within a maximum of 30 days of return. If this deadline is exceeded, Putnik Travel reserves the right not to take any further action.
VIII. MISCELLANEOUS
Some of the travel services offered in Putnik Travel are fed directly from international travel booking systems, or there are direct links to them. Such travel offers often contain regulations in English, which can also have an impact on the type and scope of the travel services offered. If you have difficulty understanding this information, the Putnik Travel call center can help you by phone at +41 43 544 7007.
PART 2: TERMS AND CONDITIONS FOR USING THE PUTNIK TRAVEL WEBSITE
I. PROTECTION OF PRIVACY
Because your privacy is important to us, Putnik Travel operates according to the following principles:
1. We will ask you explicitly if we need information that personally identifies you ("personal data"). For example, if you want to register as a member of Putnik Travel, Putnik Travel will ask you for your name and email address. The same applies if you appoint a travel manager for yourself, for their personal data. We will make this personal data available to third-party service providers (e.g. airlines, tour operators, etc.) if necessary to process your request. We also use your personal data to operate the Putnik Travel service.
2. If you provide your mobile phone number when registering, it will be used for the information service in the event of short-term travel plan changes in accordance with Part 1, I. Clause 4 of these Terms of Use. Since the service is free, SMS notifications may include promotional messages at the beginning or end of the message.
If requested by you during registration, Putnik Travel will also inform you about current travel offers from third parties or from Putnik Travel. If you no longer wish to receive such offers, please let us know on the member registration page or otherwise in text form.
3. To ensure that your personal data for your registration as a member or travel manager is correct and current, you can review and update your customer information under the "My Profile" section at any time.
II. USE OF THE WEBSITE
1. This website is intended for your personal and non-commercial use. You may not modify, copy, distribute, transmit, publish, license, create derivative works from and/or assign or sell any information, software, products or services obtained through this website.
2. You may not use this website and the services in a manner that violates applicable Swiss law or these Terms of Use.
III. COPYRIGHT AND TRADEMARK INFORMATION
All content on the website is: Copyright ©2008 Putnik Travel. All rights reserved.
IV. LIMITATION OF LIABILITY
1. Putnik Travel endeavors to ensure that the information on this website is correct. However, Putnik Travel does not guarantee that this information is error-free. This information is also subject to regular changes. Putnik Travel may make improvements and/or changes to this website at any time.
2. Neither Putnik Travel nor its partner companies make any representations or warranties regarding the information, software, products and services contained in this website, in particular with regard to suitability for a specific purpose, unless this is done in individual communication with you.
3. In all other respects, the limitations of liability according to Part 3, Section I of these General Terms and Conditions apply.
V. LINKS TO THIRD PARTY WEBSITES
Hyperlinks on the Putnik Travel website are provided to you for information purposes only. Putnik Travel has no influence on the content of such websites. The inclusion of hyperlinks to such websites by Putnik Travel does not imply an endorsement of the content of such websites or an association with their operators.
VI. CANCELLATION OF REGISTRATION
You can cancel your registration with Putnik Travel at any time. Simply send Putnik Travel a message in text form (e.g. by email, fax or post) and we will delete your profile immediately if it is no longer required to provide the services you have ordered.
VII. SOFTWARE AVAILABLE ON THIS WEBSITE
1. Any software made available for download on this website ("Software") is a copyrighted work of Putnik Travel and/or its suppliers. Your use of this Software is subject to the terms of the end user license agreement, if any, that accompanies the Software ("License Agreement"). You must agree to these terms before using the Software. The warranty for the software is based exclusively on these conditions
2. For software that is not accompanied by a license agreement, Travel Gate grants you, the user, a personal, non-transferable, simple license to use the software for the sole purpose of using this website in accordance with these rules and conditions
3. Please remember that all software, in particular all HTML codes and Active-X controls and other scripts contained in this website, are the property of Putnik Travel and/or its suppliers and are protected by copyright and international treaty provisions. You may only make copies of the software for the purpose of backing up or archiving. Any other reproduction or distribution of the software is expressly prohibited by law and can result in high fines and criminal consequences. In particular, you may not trace, decompile or disassemble the software by reverse engineering.
4. The software and any accompanying documentation and/or technical information are subject to applicable Swiss export control laws and regulations. You may not export or re-export the software, either directly or indirectly, to countries subject to Swiss/Schengen export restrictions.
3. PART GENERAL PROVISIONS
The following general provisions apply to both the above 1st and 2nd parts of the General Terms and Conditions.
I. LIMITATION OF LIABILITY
1. Any liability of Putnik Travel is limited to intent and gross negligence, unless essential contractual obligations are violated.
2. In the case of slight negligence, Putnik Travel is only liable for typical and foreseeable damages.
3. In the case of slight negligence, Putnik Travel's liability is limited in each individual case to the maximum amount for the booked service from which the claim arises.
4. All claims for damages expire one year after they arise. This does not apply to claims for tort.
5. The above limitation of liability does not apply to claims under the Product Liability Act or other statutory warranty liability. The same applies if death or physical injury or damage to health occurs as a result of the damage
6. To the extent that Putnik Travel's liability is excluded, this also applies to the personal liability of Putnik Travel's employees, legal representatives and vicarious agents.
II. RIGHTS OF PUTNIK TRAVEL / INDEMNITY
1. In the event of a breach of these terms of use or if there is reasonable suspicion that a breach has occurred, Putnik Travel is entitled at any time to exclude the respective user from using this website and/or services after issuing a warning with a reasonable deadline as soon as the bookings already made have been completed. In the event of elementary breaches by the user or if there is reasonable suspicion of this, a prior warning is not necessary.
2. You release Putnik Travel and its vicarious agents from all claims by third parties, including the costs of reasonable legal prosecution and defense, which are asserted against Putnik Travel or its vicarious agents due to culpable behavior on your part.
III. MISCELLANEOUS
1. If any of the above provisions should prove to be invalid or unenforceable, the parties will replace it with a valid, enforceable provision that comes closest to the intention of the original provision. The remaining provisions will remain valid.
2. This contract is subject to Swiss law. The place of jurisdiction is Aarau if you are a merchant or do not have a permanent residence in Switzerland.
3. These terms and conditions are stored by Putnik Travel.
4. A booking on this website can be made in German, English, French, Serbian, Russian, Macedonian, Croatian and Bosnian
5. Changes to our terms and conditions
We reserve the right to make changes to these terms and conditions. If we change these terms and conditions, the changed provisions will take effect when they are published on this website.
6. Company information
The website putnik.travel is operated by Travelgate AG, a company registered in Switzerland under number CHE-107.660.497 with its registered office at Talstrasse 12, 8852 Altendorf.