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Terms and conditions

TERMS AND CONDITIONS - Peacock Holidays Ltd

1. Introduction

• We are an online Tour Operator engaged in Tour Operating activities. Our company was duly incorporated under the laws of
Mauritius, with Business Registration Number C16140466.

• This platform and service (the website)are owned and operated by us. The content and infrastructure of the website, along with the online reservation service provided through it, are intended for your personal, non-commercial use only, subject to the terms and conditions,
privacy policy, and guidelines outlined below.

• We consistently act as an agent/intermediary between our suppliers and you.

• This document governs your relationship with us. Your access to and use of this website are subject to and conditioned
upon the following terms and conditions, guidelines, and privacy policy.
 These terms and conditions are applicable to all users of the website. If any term of the terms and conditions, guidelines, and privacy policy is unclear, we strongly advise you to communicate with us for clarification.

• By utilizing the website, you agree to abide by all the Terms and Conditions, guidelines, and privacy policy, as they may be updated by us periodically. We highly recommend that you regularly check this page to stay informed about any changes we may have made to the terms and conditions, guidelines, and privacy policy. Your continued use of our website following any updates and/or changes constitutes acceptance of such updates and/or changes.

 • The terms and conditions, guidelines, and privacy policy are applicable to all our products offered through our website, any mobile device, email, or telephone.

 • To proceed with using our website, once the webpage is accessed and the country of origin is selected, and the products we offer are chosen, you must agree     to  the Terms and Conditions, indicated by
ticking the mandatory box.

  • A booking is considered made by you with us upon checkout and after full payment for the selected products is made via
 credit card.

 • We confirm your booking via a “confirmation email” upon receiving payment approval from the bank. If we are unable to accept your booking, you will be     notified via email.

 

• If you make a booking on behalf of others, we assume that you have the authority from each of those individuals to enter into a contract, and that you and they have jointly and severally agreed to our terms and conditions, privacy policy, and guidelines. You will be the primary contact for your group, and all communication and arrangements for yourself and all members of your group will occur between you and us. 

 • The contract between you and us is established upon issuance of a confirmation notice following receipt of payment approval from the bank.

 

 

1.     Definitions and Interpretations

Arrangements”: All references to “arrangements”, “holiday”, “booking”, “package”, or “tour” signify holiday arrangements unless otherwise specified.

“Confirmation Email”: This email confirms approval of your payment and booking. It includes vouchers for bookings and an invoice summary.

 

“Group Bookings”: Encompasses all bookings made for two or more people, including all individuals traveling with you for whom you’ve made a booking.

Platform”: Refers to the website and application owned, controlled, managed, maintained, and/or hosted by us, through which our services are accessible.

“Service”: Denotes the online reservation service and payment facilitation for our products and services, made available by “Suppliers” on the Platform.

“Supplier”: Signifies the provider of products such as hotels, villas, apartments, bungalows, theme parks, attractions, water/sea activities, museums, sightseeing tours, cruises, coach tours, transfers, insurances, and any other travel-related product or service available on the Platform.

“we”, “us”, “our”: Refers to Peacock Holidays Ltd.

 

“you”, “your”, “he”, “she”, “customer”: Refers to the individual, company, association, or entity making the booking.

3. Disclaimer/Exclusion/Limitation of Liability

 3.1 We function as an intermediary between you and our suppliers of activities, attractions, and other products. We disclaim any liability to you, your group, or dependents for any death, personal injury, loss, consequential loss, or damage unless caused by our own
direct negligence.

3.2 While we exercise reasonable skill and care in providing our products and selecting suppliers, the material on our website serves as general information and should not be relied upon solely for decision-making without consulting primary, accurate, complete, and timely sources. We cannot guarantee the accuracy, completeness, or correctness of all information, including historical data, at all times, nor are we responsible for errors, interruptions, omissions, inaccuracies, misleading information, or non-delivery of information that may pertain to product descriptions, pricing, promotions, offers, transit times, and availability.

3.3 Your use of our products is at your sole risk. The products provided through our website, as described, are provided on an ‘as is’ and ‘as available’ basis without any representation, warranties, or conditions of any kind, either express or implied.

3.4 Links to other internet websites on our website are provided for user convenience. We shall not be liable for any damage or injury arising from the use, reliance upon, or access to such third-party websites.

3.5 Our website does not constitute a recommendation or endorsement of the quality, service level, qualification, or rating of any supplier. Any reliance on the website material is at your own risk.

3.6 We are not obligated to update, amend, or clarify information on the website, including pricing information, except as required by law. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel bookings if any information on the website is inaccurate without prior   notice.

 3.7 We bear no responsibility or obligation for any loss, injury, accident, or damage suffered due to circumstances beyond our or our supplier’s control, such as changes to arrangements after departure, inability to supply arrangements as agreed, or any unforeseeable events, including war, terrorist activity, civil unrest, acts of god, natural or nuclear disasters, technical or maintenance problems, or adverse weather
 conditions.

 3.8 A circumstance beyond our or our supplier’s control includes events that cannot be foreseen or avoided, even with due care, such as war, terrorist activity,   civil unrest, acts of god, natural or nuclear disasters, technical or maintenance problems, or adverse weather conditions.

 

 3.9 We retain the right to cancel scheduled tours, attractions, and activities at any time in the event of hazardous
  weather conditions or unforeseen operational issues. 

 

3.10 We reserve the right to refuse admission to anyone at our sole discretion.

 

4. Copyright

4.1 The copyright for this platform and service, including the website, its contents (such as graphics, text, and computer programs), the underlying code, and the arrangement of the website, is owned by us.

4.2 Viewing, printing, or downloading any content, graphic, form, or document from the website grants you a limited, non-exclusive license for personal use only. This license does not permit republication, distribution, assignment, sublicensing, sale, preparation of derivative works, or other use.

 

4.3 The website is protected by applicable copyrights, trademarks, registered trademarks, and other proprietary rights. Copying, redistributing, using, or publishing any such matters or any part of the website is strictly prohibited.

5. Privacy Policy

• Our privacy policy, detailing how we use your information, can be found at [Privacy Policy Link].

 

• By using our platform, service, and website, you consent to the described processing of your information and confirm the accuracy of all data provided by you.

6. Prices

6.1 While we strive for accuracy in all details, descriptions, and prices on the website, errors may occur, and such errors and mistakes are not binding.

6.2 All prices are subject to tax and are displayed on our website and/or in the confirmation email. Prices are per person or group and are valid as indicated in the confirmation email.

6.3 Specific accommodation, attraction, activity, tour, and excursion prices are detailed in the product description and include handling, reservation fees, credit card processing fees, clearance fees, and local taxes. Unless otherwise specified, prices do not include transportation, food, beverages, guides, tips/gratuities, or any other service not detailed in the product description.

6.4 We reserve the right to change, amend, or correct prices displayed on our website at any time before or after booking. Prices are based on local tariffs offered by our suppliers and are subject to currency fluctuations. We will promptly inform you of any price changes. Prices on the website are in Mauritian Rupees, and payments in other currencies will be converted at the prevailing exchange rate.

6.5 The currency converter is for informational purposes only, and actual rates may vary.

 

6.6 Each product on our website has an age definition, and child rates are based on this definition.

7. Payment

7.1 We utilize “Appletree’s Pay beagle online payment technology,” providing a secure environment for payment processing, including 3D Secure payment processing, PCI compliance, and multi-currency acceptance.

7.2 Online reservations require a valid credit card for booking. Upon booking, your card will be authorized, and the funds will be debited. This amount is considered a deposit against the goods purchased.

7.3 Alternative payment methods can be discussed if you do not wish to use our payment system or do not have a credit card.

7.4 Bookings are valid only upon approval by the bank (MasterCard). Failure to obtain approval will result in automatic cancellation, with notification via email.

7.5 Accepted credit cards for website bookings include VISA, Mastercard, and American Express. Full payment is required at the time of booking. Bank transfers are also accepted upon special request.

7.6 Customers who initiate chargebacks will be reported to credit bureaus as delinquent accounts.

8. Prepayment, Cancellation, No-show, Refunds

8.1 If you decide to cancel your booking, your credit card will be credited according to the applicable cancellation policy.

 

8.2 A cancellation fee of 10% of the total voucher price will be charged to cover card processing and handling fees

 

Cancellation for Activities Charged as a % of the order amount for the product
30 days or more before the date of the product
10%
15-30 days before the date of the product
20%
7-14 days before the date of the product
35%
3-6 days before the date of the product
50%
Less than 48 hours before the date of the product
100%

8.3 Specific cancellation policies for booked activities on particular dates are as follows:

 Please note:

• All provisions mentioned above pertain to working days only (Monday-Friday).

• The reserved date for an activity refers to the specific date on which the customer is scheduled to participate in the
 activity, attraction, or service as per their reservation.

• Cancellation notices are effective only when received via email at Peacockholidays.mu.

• Cancellation charges are calculated as a percentage of the total booking amount for the respective activity.

• The date of receipt of the written cancellation notification determines the applicable cancellation charge.

• No refunds are available once an activity has commenced or for any utilized services such as tours, meals, spa treatments, or packages.

• If an activity is cancelled due to adverse weather conditions, a full refund is guaranteed. However, if the activity operates and the customer opts not to participate, a last-minute cancellation fee of 100% will be charged.

• In the event of a “No Show” or late arrival to an activity, the customer will be charged a last-minute cancellation fee of 100%, and the activity will   proceed without them.

• Entrance tickets to museums, national parks, aquariums, botanical gardens, and special events are non-refundable under any circumstances.

• If the cancellation charge is expressed as a percentage, it is calculated based on the total amount payable for the cancelled activity.

• In case a member of the party cannot travel, their booking can be transferred to another individual with prior
notification to us.

• Late payments, incorrect bank or credit card details, invalid credit cards, or insufficient funds are the customer’s responsibility, and no refunds will be   provided unless agreed upon by the Supplier.

• Customers are advised to promptly inform our Duty Officer in case of late or delayed arrival to avoid cancellation fees imposed by the supplier.

• In the unlikely event of cancellation by us, customers will be offered an equivalent trip or package, or a full refund,
 except in cases of force majeure or unforeseeable circumstances beyond our control.

• Refund requests must be made via email to Peacockholidays.mu within 28 calendar days of cancellation, and requests through other methods will   not be considered.

• Cancellation policies for accommodations are subject to the respective supplier’s terms and conditions, and customers are advised to review and   adhere to them. Any cancellations must be communicated in writing within 24 hours of notification, and cancellation charges may apply as per the   supplier’s policy.

• A cancellation invoice will be provided within 7 days, and any discrepancies should be reported promptly to prevent additional charges.

• The supplier’s house rules supersede our General Accommodation Cancellation Charge per person cancelling, unless
   otherwise specified in the product description.

Our General Accommodation Cancellation Charge per person cancelling:

Prior to 61 days:

5% of total holiday cost

60 – 42 days:

50% of total holiday cost

41 – 33 days:

60% of total holiday cost

32 – 15 days:

90% of total holiday cost

14 days or less

100% of total holiday cost

 

 

 

 

                 

 

 

9. Indemnity

9.1 You agree in toto to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents and affiliates from any and all third-party claims, liability, damages and/or costs (including but not limited to legal fees) arising from your use of this website or your breach of the terms and conditions, privacy policy and guidelines.

10. Booking on a specific preferred date

10.1 In order for us to process your booking in full and provide you with the product you desire on your preferred specific date, we strongly advise that you book the product a minimum of 15 days prior to the date on which you would like to use the product. All bookings are subject to availability.

 

10.2 In case you fail to book the product a minimum of 15 days prior to the date on which you would like to use the product a product, we cannot guarantee that   your booking will be confirmed. 

These sections cover the terms related to indemnification for any liabilities arising from the use of the website and the guidelines for booking products on specific dates. It’s important for users to understand their responsibilities regarding booking timelines and indemnity for their actions on the website.

11. Complaints and Problems

11.1 We operate a complaint handling procedure which we use to resolve disputes when they first arise.

11.2 If you have any reason to complain or in case you experience any problem with your trip, activity or attraction, this must be brought to the attention of the relevant supplier immediately so that action can be taken by them to remedy the problem.

11.3 If you remain dissatisfied, you must write to us within 28 days of the day of the activity, while mentioning your booking reference and full details of your complaint. The assistance we provide to resolve your complaint is provided in our capacity as intermediary only.

 

11.4 If you fail to follow this complaints procedure, we will not be able to claim the compensation on your behalf.

12.Damage to or Theft of Personal Belongings

12.1 We cannot be held liable if your personal belongings are damaged or stolen during your activities. It follows, therefore, that we are not obliged to reimburse you for damages in this regard.

12.2 You accept that you have a personal responsibility to take due care and attention by keeping close watch on your personal belongings and to refrain from bringing valuables to any activity.

 

12.3 Insurance to cover the loss of baggage and valuables is also highly recommended and is not in any means included in any of our activities, trips, or any other product.

13. Liabilities

13.1 We act as an intermediary only between you and our suppliers of activities, attractions, and other products. We therefore accept no liability of any kind whatsoever to you and/or your group, and/or dependents for any death, personal injury, loss, consequential loss, or damage of any kind you and/or your group, and/or your dependents may suffer unless caused by our own direct negligence.

13.2 We accept no responsibility or liability whatsoever for any government restraints, acts of war and terrorism, weather conditions, or for any misadventure or casualty or any other force majeure or causes beyond our and the supplier’s control.

 13.3 Supplier Responsibility

You understand and accept that all matters referring to the attractions and activities supplied to the customer are in the sole responsibility of the supplier. The supplier will be solely responsible for providing the said attraction and activities with due care and diligence, making sure that the service he provides will be of the highest quality, while keeping high service standards.

13.4 Indemnification and Resolution

 

You agree to indemnify our employees and us against any liability, although we may at our sole discretion agree to assist in the resolution of problems and take our own action against any supplier and the party who is in breach of its obligations.

14.Duty Officer

14.1 We offer twenty-four (24) hour assistance. You can reach our Duty Officer on the number provided in the confirmation notice and/or vouchers.

 15. Waiver

15.1 If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

16.Entire Agreement

16.1The terms and conditions, privacy policy, and guidelines constitute the entire agreement and supersede any and all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the Terms and Conditions, Privacy Policy, and Guidelines will be effective only in writing and signed by an officer and/or director duly authorized to represent us.

 17. Jurisdiction

17.1 This Agreement shall be governed by the Laws of Mauritius, and any dispute arising in connection with the interpretation and/or fulfillment of this Agreement shall be submitted to the exclusive jurisdiction of the competent Courts within the Republic of Mauritius.

 Guidelines

 Guidelines

By using our website, you agree to follow and abide by the guidelines set out below. These guidelines may be revised from time to time, and it is strongly advisable that you check this page regularly to take notice of any changes we may have brought to the guidelines.

Accommodation

Choosing the right accommodation can sometimes be challenging, even with official star ratings. We categorize hotels online to offer a general guide, but standards can vary within the same class. It’s crucial to read individual hotel descriptions carefully before making a choice.

Hotel grading is an essential aspect of choosing accommodation, but it’s not always straightforward. Here’s a breakdown to help navigate hotel grades:

 

1. Official Star Ratings: Most hotels have official star ratings provided by relevant authorities. These ratings are based on various criteria such as service quality, amenities, and facilities.

 

2. Categorization: Hotels are categorized online to offer a general guide to customers. However, it’s crucial to understand that standards can vary even within the same category.

 

3. Individual Hotel Descriptions: Before making a choice, carefully read individual hotel descriptions. These descriptions provide detailed information about the hotel’s amenities, services, and facilities, giving you a clearer picture of what to expect.

 

4. Considerations: Keep in mind that while star ratings and categorizations provide a general guideline, personal preferences and specific needs play a significant role in choosing the right hotel. Factors such as location, budget, amenities, and travel purpose should also be considered.

 

5. Reviews and Recommendations: Reading reviews from other traveller’s and seeking recommendations from friends or travel experts can provide valuable insights into the quality and experience of a particular hotel.

 

6. Booking Policies: Familiarize yourself with the booking policies of the hotel, including cancellation terms, payment methods, and any additional fees or charges.

 

7. Flexibility: Remain flexible in your expectations, as hotel experiences can vary based on factors such as seasonal changes, renovations, or staffing.

 

By considering these factors and doing thorough research, you can make an informed decision when choosing a hotel that best suits your needs and preferences.

Triple/Quad Rooms

A third or fourth person sharing a room may either share existing beds or have an extra bed placed in a double/twin room. Conditions may be cramped, so booking two rooms might be preferable.

Children

– Car Seats: Child seats are not provided for transfers, and legislation varies by country. If you need one, bring your own or contact our Sales team, though an additional charge may apply.

– Free Child Accommodation Stays: Typically based on sharing existing beds. Separate beds may incur charges, and meal plan charges still apply.

“Children on Holiday”: Offers depend on room availability. Infant charges and cot fees vary, and meal details are provided locally.

 

– Under 18s Traveling Alone: Research legal requirements for unaccompanied minors or those with one parent or authorized adult.

 

 Minimum Stays

 Certain hotels may require minimum stays for specific periods, which will be communicated at the time of booking.

  Early Arrival or Late Departure

 Rooms are typically available between 14:00 and 15:00 and vacated between 10:00 and 12:00. Early check-in or late check-out can be arranged at booking for an additional fee.

 Promotions/Offers/Room Upgrade/Honeymoon/Anniversary Offers

 Offers may include room upgrades to the next category, though not guaranteed. Honeymoon or anniversary offers require specific documentation and   adherence to stated date bands. Bonus night offers and discounts may have specific conditions.

 Extras

 Some hotels offer complimentary meals, bar credits, or spa treatments as part of promotions.

 Local Festivals/Public Holidays

 Festivities may disrupt holidays temporarily, with some holidays affecting facilities and entertainment. Consider these when selecting departure dates.

 Other Hotel Guests

 Hotels may host weddings, conventions, or other groups, potentially affecting your stay.

 Holiday Seasons

 Peak periods may affect hotel facilities and services, with quieter off-peak periods offering advantages.

 Meals

 Meal plans vary by hotel and may include table d’hôte menus or buffets. Special diets are challenging to accommodate, and options may be limited.   Supplements for meals offer budgeting options.

 Water/Electricity Supplies

 Tropical destinations may experience occasional power cuts or water restrictions.

 Accommodation in the Tropics

 Insects and vegetation are common in tropical hotels, and some views may be obscured.

 Water Sports & Other Activities

 Safety precautions apply to water sports and activities, with age restrictions in place.

 Behaviour

 Disruptive behaviour may lead to termination of the holiday without refund.

 Personal Belongings and Lost Items

 Keep valuables secure, and report lost items promptly for insurance claims.

 Peak Season Supplements

 Supplements may apply during peak periods, such as Christmas or New Year.

  Experiences, Excursions & Tours

 Pre-book experiences or pay locally, observing safety instructions. Tours may have health requirements and involve long days.

  Local Purchases

 Quality and value of local purchases cannot be guaranteed, and additional charges may apply for import duty or freight.

 Group Transfers

 Group transfers are typically shared, with options to upgrade to private transfers at an additional cost.

  If We Change Your Holiday Accommodation:

 We understand that unexpected situations can arise, and in rare cases, we may need to change your accommodation. If this occurs before your departure or   upon arrival at the resort, we will make every effort to provide accommodation of at least the same standard in the same area. If only lower standard     accommodation is available, we will refund the price difference and compensate you up to Euro 50 per person for any inconvenience.

 Weather:

 Weather conditions can be unpredictable, and we cannot be held responsible for any disruption to your holiday caused by bad or unusual weather conditions.

 

  Our Staff:

 We take pride in the professionalism and quality of our staff. We are committed to ongoing training to continually improve our service. As part of this   commitment, we may record phone calls for training purposes.

  Late Bookings & Special Offers:

 Please note that late bookings and special offers may not include all the facilities or offers detailed on our main website for the same hotels and tours unless   otherwise stated.

    General Note:

 – We reserve the right to refuse service to anyone at any time for any reason.

 – Prices of our products are subject to change without prior notice.

 – We reserve the right to modify or discontinue the Service (or any part of it) without notice.

 – We shall not be liable to you or any third-party for any modifications, price changes, suspensions, or discontinuations of the Service.

 – Some products may be available exclusively online and may have limited quantities.

 – While we strive to display product images and colors accurately, we cannot guarantee that your computer monitor will accurately depict them.

 – We reserve the right to limit the sales of our products to certain geographic regions or jurisdictions.

 – Product descriptions and pricing are subject to change without notice.

 – We reserve the right to discontinue any product at any time.

 – We do not guarantee that any product or information provided will meet your expectations.

 

 – For details regarding our suppliers, please feel free to contact us.