Terms & Conditions
TERMS AND CONDITIONS FOR TOURS
​
The following terms and conditions for tours apply to all tours of the tour operator, Flintstone Tours, and are approved by the "tour participant" upon registration.
Tour operator: Flintstone Tours, Villa Cap Tropical No 3, Route des Gorges, Black River, Mauritius, hereinafter referred to as "Flintstone".
1. Registration
Upon receipt of the registration by the tour participant, a binding offer to conclude a tour contract will be made. The tour contract will come to be upon receipt of the acceptance from Flintstone This does not require any particular form.
2. Deposit / Payment
Upon receipt of the acceptance from Flintstone and the payment information, a deposit amounting to 30% of the tour price is due for payment. Upon receipt of the deposit, the tour participant will receive a detailed tour confirmation. The payment of the remaining balance of the tour price is to be received by Flintstone without further request at latest 90 days before the tour begins. If payments due are not made or not made in full, and a payment by the tour participant is also not made after a reminder is given with a deadline, Flintstone may rescind the respective tour contract and demand cancellation fees as compensation in accordance with No. 7.
3. Services and price
The services vary and are specified in the respective tour description. Flintstone reserves the right to change the program and the accommodations as necessary. In doing so, Flintstone attempt to maintain the character of the tour and to render similar services. In the event of increases in prices and/or exchange rates for third party services, Flintstone must reserve the right to increase the tour price to the extent that the increase per person affects the tour price. In this case, Flintstone is to inform the tour participants thereof without delay, at latest however 20 days before the tour commences. In the event of price increases by more than 10%, the tour participant is entitled to rescind the tour contract free of charge. Flintstone will refund the previously paid tour price without delay.
4. Motorcycle tours, motorcycle rental, and security deposit
Group tours by motorcycle require more cooperation on the part of the tour participants that a conventional package holiday. There may be unforeseen and unplanned events that contribute to the unique character of such a tour. The tour participants must be considerate to each other, fit into the group, and follow the instructions of the tour guide. In the interest of a smooth group tour, we reserve the right in the event of non-compliance with the instructions of the tour guide or even danger to the other tour participants to exclude individual incorrigible tour participants and, if necessary, to secure the rental motorcycle. Such tour participants are in no case entitled to a refund of the tour price, and all costs incurred in this connection are to be borne by the incorrigible tour participant. When picking up the rental motorcycle, a safety deposit is payable at the rental station and a rental contract will be concluded. The amount of the deposit varies depending on the rental station and will be communicated to the tour participant in the tour book or upon request. This deposit will be refunded when the undamaged motorcycle is returned. The rental period is not interrupted if the vehicle cannot be used, regardless of whose fault or the reason, or by the inability of the renter/participant to drive. In the event that the type of motorcycle booked is not available at pickup, Flintstone reserves the right to provide a motorcycle of equal quality. For guided tours, the rental motorcycle is intended exclusively for the planned tour with the tour guide. Any other independent tour or use is expressly prohibited.
5. Hotel and accommodations
The planned accommodations are typical for the area and of a good standard. A double room (couples only) and two-bed room occupancy is only possible in the case of mutual registrations.
6. Tour, driver's license, visa documents, and health regulations
The tour participants must comply with the information provided by Flintstone and the special individually relevant country regulations, and is to take care of any documents that may be necessary for the tour from the competent embassies / consulates / driver's license authorities / governmental authorities. Flintstone is not liable for the timely issue and receipt of necessary documents or visas. The tour participant his-/herself is responsible for the compliance with all regulations important for carrying out the tour and all disadvantages that arise from the non-compliance with such regulations.
7. Cancellation of the tour by the tour participant and cancellation fees
The tour participant can cancel the tour contract at any time before the tour begins. Flintstone thereby loses the claim to the agreed tour price and can demand a reasonable compensation/cancellation fee, if the cancellation is not the responsibility of Flintstone and there are no extraordinary circumstances in the country of the tour, which significantly affect the execution of the tour.
Cancellation fees are a flat rate. They are determined by the tour price minus the value of expenses saved by Flintstone as well as minus what Flintstone gains through other use of the services.
The following flat rates also take into account the period of time between the cancellation and the start of the tour. They are to be justified by Flintstone upon request of the tour participant. The tour participant is furthermore at liberty to prove that Flintstone has not suffered any damage due to his cancellation or that the cancellation fees to which Flintstone is entitled are significantly lower than the compensation flat rate demanded by Flintstone.
Flintstone reserves the right to claim a higher, individually calculated compensation instead of the following flat rate and to quantify and substantiate this in concrete terms if higher expenses than the applicable flat rate have been incurred.
For tour cancellations received by Flintstone before the tour begins, the following cancellation fee will be charged:
-
superior to 90 days: 20% of the tour price
-
89 to 60 days: 50% of the tour price;
-
59 to 30 days: 60% of the tour price;
-
29 to 10 days: 70% of the tour price;
-
9 to 3 days: 80% of the tour price;
-
within 3 days: 90% of the tour price.
All tour cancellations must be in writing. If possible, Flintstone agrees to let a tour participant be replaced by a substitute person and charges an additional processing fee of EUR 250 per person.
8. Tour cancellation by Flintstone
Flintstone may terminate the tour contract without notice, if the performance of the tour is significantly impaired by the tour participant despite a corresponding warning by Flintstone. The same applies if a tour participant behaves in breach of the contract to such an extent that immediate termination of the contract is justified. However, Flintstone retains the claim to the tour price. Such tour participants may in no case claim a refund of the tour price, and the incorrigible tour participant is to bear all costs incurred in this connection his-/herself. Flintstone may, if the minimum number of participants - eight tour participants - is not achieved, cancel the tour up to 20 days before the tour begins. In this case, the tour participants will be informed without delay and a mutual solution will be sought and/or the previously paid tour price will be refunded without delay. Flintstone may terminate the tour contract due to force majeure at any time, the cause of which lies outside of Flintstone’s influence (force majeure, strikes, disasters, wars, pandemic, etc.). In such a case, the tour price paid or an amount saved before the end of a tour will be refunded to the tour participant without delay. The tour participant has no further claims against Flintstone its agents or service providers.
9. Liability
Flintstone is not liable, especially in the case of traffic accidents. Each tour participant is responsible and liable for his/her driving style and choice of route, even if the tour participant is following the tour guide. Each tour participant declares his/her consent that the owners, organizers, and representatives of Flintstone are not responsible for the personal safety of the tour participant and are not liable individually or mutually for incidents in connection with the performance of or participation in the tour that lead to injury, death, or damage to the property of the tour participant, his/her family, heirs, or legal successors. Flintstones and/or its local partners are not liable and do not assume any additional costs incurred by political instability, acts of God, and/or natural disasters. Flintstone assumes no liability for the transport of luggage during the tour. The tour participant may store a piece of luggage / suitcase in the escort vehicle. The ability to take along additional pieces of luggage is at the discretion of Flintstone and must be confirmed in writing before the tour. Flintstone is not liable for service disruptions, personal injury, and damage to property in connection with performances that are merely arranged as third-party services.
10. Traffic
The tour participant him-/herself is responsible for the observance of the respective road traffic regulations. Each tour participant drives at his/her own risk and is liable for damages caused to fellow participants or other road users. This also applies if the tour participant is following the tour guide. Each tour participant is to adjust his/her driving style for his/her own safety.
11. Complaints
If, despite all precautions that Flintstone take for the planning and execution of each individual tour, a tour participant has a reason for complaint, Flintstone is to be informed without delay. Each complaint and claim must be received in writing by Flintstone within six months after the end of the tour.
12. Photographs, film, video, and navigation recordings
The photographs, slides, and videos made by Flintstone or its representatives during the tours serve, inter alia, the purpose to provide the tour participants with memorabilia and are the intellectual property of Flintstone that may only be used by the tour participants for private purposes. The tour participant declare his/her consent to the use of such material, and Flintstone is entitled to use such material for promotional purposes (print, websites, social media), even if the tour participant is recognizable thereon and without Flintstone incurring costs vis-á-vis the tour participants for doing so. The photographs, slides, and videos made by the tour participant during the tours are for private use of the tour participant only - commercial use is prohibited. The recording of guided tours by means of a navigation device or similar suitable recording equipment by the tour participant is prohibited - this also applies to the mere use of such a device.
13. Insurances
Flintstone recommends taking out insurance for trip cancellation, baggage, accidents, health, and liability. We are happy to assist you in this regard.
14. Privacy policy
Flintstone must collect the personal data of tour participants to process a tour booking, to send information, or to respond to inquiries. These can include full names, addresses, contact details, credit card / debit card details, passport information, as well as special requests and data that are relevant for a tour. All tour participants agree to provide such information. These data will be stored by Flintstone and only used to provide services to the tour participant. The data are not used for any other purposes, except as required by applicable laws or regulations, or if demanded by governmental authorities. Your personal information may be used by third parties, such as suppliers, but only for internal, analytical purposes.
15. Miscellaneous
The invalidity of individual provisions of these terms and conditions for tours does not lead to the invalidity of the remaining provisions. Tour guides are not authorized to give assurances, especially if they differ from the terms and conditions for tours. Verbal agreements must be in writing and confirmed by Flintstone.
Mauritius law is stipulated to apply exclusively. The place of jurisdiction is Black River, Mauritius.
Update: 15 July 2022