The VACATion ColleCTion 2017

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Terms & Conditions | 179

The Vacation Collection 2017 Terms and Conditions from ALG Tide UK LTD

1. Scope of Application This brochure was published in December 2016. The services contained herein are offered by The Vacation Collection (hereinafter “TVC”, “we”, “us”, “Travel Organizer”), operated by ALG Tide UK Ltd, operating Travel Impressions and The Vacation Collection (Registered Address 49 Southwark Bridge Road, London, United Kingdom, SE1 9HH; Registered Number 08514631). The Travel & Lifestyle Services described in the brochure are brokered by a third company, currently Ten Lifestyle Management Switzerland GmbH, Bellerivestrasse 17, P.O. Box, CH-8032 Zurich, Switzerland (hereinafter referred to as the “Agent”).

(such as changes in the dates, the hotel/resort, or the destination) the booking will be considered cancelled (with new registration) and cancellation costs will be due according to the cancellation cost regulations (see under Section 7).

6. Contract Changes by TVC before Departure If TVC discovers before departure that a material part of the contract cannot be performed or that material contract changes are necessary, then TVC will inform the traveler thereof as quickly as possible. TVC will notify the traveler that the traveler can withdraw from the contract free of charge or declare consent to the change. The traveler must inform TVC through the Agent as quickly as possible about the decision, but in any case before departure.

2. Correctness of the Brochure We make every effort to ensure the correctness of our brochure. However, changes may occur in the period between the time the brochure was created and the time of your vacation. In addition, the availability of facilities may be affected by local conditions or inclement weather conditions, etc. We therefore retain the right to modify the facilities, services, or prices contained in this brochure (and in all information sheets related to the brochure). We will notify you through the Agent of every one of these modifications before you carry out a booking.

If the traveler accepts the change, a new contract or a supplement/additional contract to the existing contract will be drafted in which the changes and any price changes are listed. If the traveler does not accept the change, then the traveler is entitled to the rights arising from Section 8.

7. Contract Termination by the Traveler before Departure 3. Conclusion of Contract When the Agent accepts your written, telephone, or personal registration, a contract is created between you and TVC. If you register additional travelers, you must be responsible for their contractual obligations (particularly for payment of the travel price) in the same way as for your own obligations (Section 9). The contractual agreements and these Terms and Conditions from ALG Tide UK LTD apply to all travelers.

When registering, the names and additional information of the travelers must be provided matching the information in the passport(s) and other travel documents.

All cancellations must be made by telephone, email, fax, or in writing. If you cancel, you are obligated to pay the corresponding cancellation fees, which are based on the date of our receipt of your cancellation notice (the cancellation date is considered to be the date on which We receive your cancellation notice through the Agent; the Agent’s business hours shall govern: Monday through Friday from 08:00 to 20:00 and Saturday from 08:00 to 18:00. In case of cancellations on Sundays or holidays (official holidays in Zurich), the next regular business day shall apply. The cancellation costs are listed below. Please note that these cancellation costs do not apply to specific products or recurring occasions (such as city hotels, South Africa, Christmas/New Year’s/trade fairs). In these cases, the special cancellation terms will be provided to you separately. Any insurance premiums as well as visa costs incurred will be invoiced separately or will not be refunded.

4. Reservation/Payment After the contract has been created (reservation), the Agent will send you a confirmation of reservation (by mail, fax, or email). Please carefully review your confirmation and notify the Agent immediately if any information is incorrect or incomplete. Please ensure that the names exactly match those in the related passport. The total amount of the booked travel service will be charged four weeks before travel begin (in case of short-notice bookings, at conclusion of the contract or no later than two weeks before travel begin) to your American Express credit card. A down payment may be due in exceptional cases. You will be notified of any such special terms in the confirmation. If payment cannot be made by the deadline (charge is not authorized by the credit card company), then the Travel Organizer is entitled to terminate the contract and to invoice the customer for the costs incurred (Section 7).

5. Contract Changes by the Traveler before Departure Once our confirmation has been issued, all requests for changes must be addressed to us by telephone or email, fax or mail – through the Agent – by the person who ordered the booking. We cannot guarantee that we will be able to comply with your request, but we will make an effort to do so. If the number of travelers in your group changes, the lodging price will be recalculated. If the group gets smaller, the remaining travelers will generally have to pay a corresponding surcharge. In case of material changes

The cancellation costs vary depending on provider and travel date. Your travel service will be happy to provide you with information about the applicable cancellation terms and costs. Any insurance premiums as well as visa costs incurred will be invoiced separately or will not be refunded. TVC as well as the Agent follow the travel advisories of the Swiss Federal Department of Foreign Affairs (EDA) and/or the Federal Health Office (BAG). If these federal offices advise against travel to a country you have booked, you can change your booking free of charge during a period determined by us. If the order is cancelled, no cancellation fees will be due, but processing fees of CHF 150.00 will be charged. Any insurance premiums as well as visa costs, insofar as they were incurred up to the time of cancellation, will be invoiced separately or will not be refunded. 8. Contract Termination or Contract Changes by TVC before Departure If TVC terminates the contract before departure without your fault or carries out a material change to the contract, you have the following options: • You can accept the contract change • Or withdraw from the contract without compensation. If you withdraw from the contract, you have a claim to: 1. Participation in an equivalent or higher-value service if TVC or the Agent can offer you one 2. Participation in another lower-value service if TVC or the Agent can offer you one, as well as reimbursement of the price difference, or 3. The fastest possible reimbursement of all amounts paid by you.

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We are not liable to you under any title whatsoever for changes or cancellations caused by circumstances beyond our control—for example, unrest, labor disputes, actual or threatened terrorist activities and their consequences, natural catastrophes or nuclear accidents, inclement weather conditions, floods, epidemics or pandemics, government actions as well as all similar situations. We pay no damages, compensation, costs, expenses, or other amounts; this also includes costs arising from procuring replacement lodging. 9. Responsibility of the Traveler 9.1) By making a booking in your own name and in the name of any co-travelers, you guarantee to us that you are authorized to make the booking, also in the name of the co-travelers, and also to accept the booking terms and conditions in the name of your co-travelers. In addition, you are obligated to pay the travel price for all travelers, or their cancellation costs, respectively, to inform us in case of necessary changes or cancellations, to accept the confirmation and to forward information to your cotravelers. 9.2) If you or your co-travelers cause damage of any kind whatsoever in the booked hotel or resort or to other facilities, you are responsible for that yourself. The booked hotel or resort can demand payment of damages, repair and restoration costs, and restitution of additional damages directly from you or your co-travelers, respectively. 9.3) You and your co-travelers must appear timely at the boarding point/departure location for each conveyance and ensure that you have all necessary tickets and travel documents, including passports, visas, and, if necessary, health certificates. We assume no responsibility if you are denied entry into a country because you do not have the appropriate travel documents. In case of delayed arrival at a hotel or resort, the entire price is still owed.

10. TVC’s Responsibility We have the duty to select the accommodation providers with reasonable care and expert knowledge and to book the lodging services as agreed at the accommodation providers. If we have demonstrably breached this duty and if you have suffered damage, then We will reimburse you for this damage. We are specifically not liable for incidents or events at the accommodation or for the actions or failures to act by the accommodation provider, its employees, or other persons, as well as for any inadequate performance of the contract by the hotel or its employees. We likewise assume no responsibility in the following cases: - If the accommodation cannot be made available in accordance with your booking due to circumstances beyond our control (see note in Section 8) - If you suffer damage that could not be foreseen at the time of booking given the information provided by you - If you suffer any damage with regard to any business activity of yours, or - If any damage relates to services that do not constitute a component of the contract with you. If we should be liable to you on any legal basis whatsoever, we limit our liability to a maximum amount of two times the amount of your lodging costs. This maximum amount does not apply in cases resulting in death or bodily injury. This limitation of liability applies both to contractual and to extra contractual liability. TVC shall not be liable for wasted or pointlessly used vacation time or frustration damages of all kinds. All limitations of liability in these Terms and Conditions from ALG Tide UK LTD shall also apply to the benefit of the Agent.

11. Complaints 11.1) At the vacation location If you have cause for complaints during travel, you must notify the service provider (hotel, resort, etc.) of them without undue delay. This is a necessary requirement for later asserting your claims for reimbursement and also makes it possible to provide a remedy in most cases. If your intervention does not lead to any appropriate solution, then you are obligated to demand written confirmation from the service provider that records your complaint and its content. The service providers are not authorized to acknowledge any claims for damages or to make other statements that could obligate TVC or the Agent. You must also inform the Agent immediately in every case.

11.2) After your return Please take additional steps by submitting your complaint to the Agent once again in writing within 28 days after your return from vacation. If you do not comply with this procedure, you will forfeit your claims and you cannot demand any further payments from TVC or the Agent. If your complaint cannot be resolved by mutual consent, you can contact the Ombudsman of the Swiss Travel Industry. The Ombudsman endeavors to reach a balanced and fair agreement for every kind of problem arising between you and us or the Agent. The Ombudsman’s address is: Ombudsmann der Schweizer Reisebranche, Postfach, CH-8038 Zürich. 12. Place of Jurisdiction/Applicable Law This contract is made on the terms of these booking conditions, which are governed by the laws in the country where the contract is concluded.

Terms & Conditions | 181 TRAVEL TERMS AND CONDITIONS Travel Insurance

Child Discount

As an American Express cardholder, you are insured against various perils. However, this insurance does not necessarily apply to all of your co-travelers. Since the handling, reversal, or cancellation costs can be very high, you should absolutely ensure when making your booking that all co-travelers are adequately insured. Please consult the Insurance Terms and Conditions (ITC) that were sent to you with your American Express Card for all detailed insurance questions.

The child discount applies when the child shares the room with two adults. Additional costs for small children under age 2 will be charged locally (for meals, for example).

Check-in and Check-out In most cases, hotel rooms are not available before 15:00 on the date of arrival and must be released again between 11:00 and 12:00 on the date of departure. We can request a day room for you in case of earlier arrival or later departure for an additional cost. In case of arrival after midnight with immediate room occupancy, the lodging will be reserved already starting on the previous day and will be charged to the traveler. Earlier check-in and later check-out are always upon request. They depend on the availability of the hotel and cannot be confirmed.

Special Gift Each hotel gives our customers a special gift, an amenity, or a service (your Amex Extra). Please note that all special services listed in the brochure are only valid with a minimum stay of two nights. Upgrades in room category are not guaranteed and depend on the availability of the hotel upon arrival.

Hotel Prices Our hotel prices are based on known costs and are valid as of the date of printing (December 2016). We retain the right to change the lodging prices we advertise. Before confirming your contract, you will be informed of the current price of the lodging that you would like to book.

Included in the Prices Unless otherwise stated, the following are included in all prices in this brochure: • Lodging – category as indicated, price per person with double occupancy of the room (prices for single rooms or double rooms for single use upon request) including hotel service fees and local taxes. • Meals as indicated – whereby “half board” includes breakfast and dinner and “breakfast” includes the full buffet or a continental breakfast. “À la carte” meals are not included. Restrictions may apply to the choice of restaurants available when booking half board or full board. Some hotels may apply a dress code. More information is available when making a booking. Not Included in the Prices

Personal Requests We will comply with your individual requests as much as possible. They will be communicated to the hotels, but never confirmed.

Room Type We offer you a selection of rooms and suites. However, any other type of room or suite can be specially requested. A double room may be a room with a double bed, but also a room with two single beds pushed together. A two-bed room has two separate beds.

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Passenger fees, departure taxes or government fees/taxes Passport and/or visa costs Porter costs/tips/personal expenses Travel insurance unless it is automatically covered by membership in American Express • Transfer costs

Additional Costs Individual hotels may require a surcharge for use of certain facilities such as water sports, spa treatments, tennis courts, fitness, etc.

Swimming Pools Immediate Help at the Resort If we find out that a swimming pool cannot be used due to longer-term maintenance work, we will notify you thereof if possible.

Passports/Visas/Health Regulations For most of our travel destinations, cardholders need a passport that is valid for at least six months beyond their travel return date. The name on your passport must match the name on your travel documents; otherwise, you may be denied entry/departure and your insurance is possibly invalid. The Agent will inform you of the currently necessary entry formalities at the time the reservation is made. Consult a physician and www.safetravel.ch before departure to inform yourself about the immunizations available and necessary for your travel destination. You are personally responsible for obtaining all necessary travel documents and complying with all prescribed health regulations. We cannot assume any liability for damages accruing to you due to non-compliance with the statements above.

If the contract is not correctly performed due to circumstances that are not the responsibility of either TVC or the resort, and you suffer considerable damage or are injured, then we will offer you help to the extent possible under the existing circumstances. However, any costs of this assistance will be invoiced to you.

Support for Claims If you or someone from your traveling group suffers bodily injury or dies due to an activity that is not a component of the contract between you and TVC, We are not liable. However, we will provide assistance to the extent possible, consisting of advice, instruction, and, at our discretion, possibly financial support, whereby a maximum amount of 5,000 euros per order has been set for this purpose. Any financial support paid by us to you serves the sole purpose of making it possible for you to take legal action against a third party who is responsible for the bodily injury or death of you or a member of your traveling group. A condition of this support is that you reimburse this amount to us from the sums that you may receive from the relevant third party.

General Information Excursions Before booking your vacation trip, please also take into account seasons with unfavorable weather conditions, such as the hurricane season in the Caribbean or in Florida.

Excursions or other tours that you book or pay for during your vacation are not a component of our services and neither TVC nor the Agent is liable for their performance, etc.

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Data Protection (a) You and the persons for whom you book are aware of and consent to the fact that we: (i) Disclose information about you and your co-travelers to computer-based reservation systems and other distribution systems as well as to airlines and other providers (ii) Store information about you and your co-travelers as long as necessary for the purpose of this contract or as required by applicable laws, and (iii) Agree to the aforementioned items both within as well as outside of Switzerland and the European Union. This includes processing data in the United States of America and other countries outside of Switzerland or the European Union, respectively, in which the data protection laws are not as comprehensive as they are in the European Union or Switzerland, respectively. We agree to use suitable measures, both now and also in the future, to guarantee that the information about you and your co-travelers enjoy the same protection in the United States of America and other countries outside of the European Union that it does within the European Union and Switzerland. (b) If you request bookings, payments, or delivery of itineraries via the internet, the transmission thereof via the Internet is your responsibility. We will make every reasonable effort to ensure the security of this data, but we cannot be held liable for unauthorized access to such data or for defective transmission. (c) Insofar as passenger data are involved that we collect in performance of government regulations (e.g., the requirements of the Advance Passenger Information System of the United States) for airlines or operators of seagoing vessels, you hereby waive all express and implied legal or other obligations and liability on our part that are related to such activities and release Us from them, notwithstanding provisions stating otherwise. Without r estriction to the general validity of the statement above, you hereby confirm that we are not liable if we receive incorrect data relating to the residence of a traveler in the United States or if a traveler changes plans without informing us.