Booking Agreement


YOUR BOOKING AGREEMENT WITH “TES TOUR” LLC AND OUR SUPPLIERS

Please read these booking conditions carefully as they are the sole terms and conditions of the contract between you and the relevant service providers of the accommodation, transport or any other booked service. “Tour Guide Baku” is a retail shop of “TES TOUR” LLC.

 

A. RELATED DOCUMENTS

The following additional documents set out policies for use of TES Tour websites, policies on content submitted as product reviews, our privacy policies and policies related to purchase of products as gifts. While accepting to these booking terms and conditions, it is your responsibility to review these additional documents.

Website Terms of Use

Review Policy

Privacy Policy

 

B. SCOPE AND COVERAGE

These booking conditions are applicable to all bookings made from the TES Tour Websites or TES Tour partners, including:

1. Direct access to TES Tour websites

2. www.testour.az

3. www.tourguidebaku.com

4. Access to TES Tour web sites or booking system through websites or customer agents of any of the affiliate partners of TES Tour.

5. Through TES Tour customer service call centre

These terms and conditions apply equally to all residents of any country around the world, including but not limited to Azerbaijan.

 

C. STATUS OF “TES TOUR” LLC AS AN AGENT

For all cases with the exception of hotel accommodation booked through the hotel wholesalers named below, the role of “TES Tour” LLC is that of an agent to the relevant service provider (wherein the relevant service provider is the supplier and the Principal).

- Expedia  - Booking.com  - Hotelbeds

For hotel accommodation booked through the above mentioned hotel wholesalers, the role of “TES Tour” LLC is to be an agent for you, the traveller. The role of the hotel wholesalers (listed above) is that of an agent of the relevant service provider whose accommodation is booked. The relevant service provider whose accommodation is booked is the supplier and the Principal.

The name and contact information of the relevant service provider will be available on the TES Tour booking voucher.

D. TERMS AND CONDITIONS OF THE RELEVANT SERVICE PROVIDERS AND THEIR AGENTS

Since we only act as an agent in respect of all bookings we make with the relevant service providers or their agents for accommodation, transport or any other booked services hence the relevant service provider’s booking conditions will prevail over our terms and conditions in cases where TES Tour and the relevant service providers terms and conditions conflict with each other. More details on this matter are set in our clauses 11 and 12 below.

 

E. APPLICABILITY OF PACKAGE TRAVEL & PACKAGE TOURS REGULATIONS

You may decide to make one or more bookings with us at the same time. Please note that irrespective of the various products you book, each booking is a separate booking and your bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Travel Regulations 1992 ("Package Travel Regulations 1992") nor the Civil Aviation (Air Travel Organizers’ Licensing) Regulations 1995, Amended 2003 ("ATOL Regulations").

The only exception to what is stated above is when you book a package holiday that comprises accommodation and excursions pre-packaged by our suppliers. Such bookings will of course be a package as formally defined in the legislation referred to above. “TES Tour” LLC has the necessary financial failure insurance policy. This insurance is only valid for passengers who book and pay directly with/to “TES Tour” LLC. If you have booked and/or paid direct to a Travel Agent for a holiday with “TES Tour” LLC, please request proof of how the booking is secured as this will not be covered by our insurance partner in this instance. For more specific details please refer to Point 11 under Section F of Terms and Conditions.

TES Tour does not represent or warrant that the information and terms and conditions available on this site are appropriate and/or available for use in other jurisdictions where its contents are unlawful and/or prohibited.

You may only use TES Tour websites site for lawful purposes and in accordance with these terms and conditions and website terms of use mentioned above. The person making the booking shall be deemed to have accepted the booking conditions on behalf of all the persons named in the booking. A binding contract exists between you and the relevant service provider of the booked service when we send your invoice on behalf of the relevant service provider or their agent to the person making the booking; the terms and conditions of the relevant service provider or their agent will then apply. 
For more specific details please refer to Point 11 under Section F of Terms and Conditions

 

F. SPECIFIC TERMS AND CONDITIONS

 

1. PRICES AND PRICE CHANGES

As we (“TES Tour” LLC) act only as an agent (as set out in section C above) in the booking process, “TES Tour” LLC and the relevant service provider reserve the right to change, amend or correct prices shown on our site at any time before or after you have booked. After you have booked, if the price of your booking changes in such a way we will pass on the details of the change as soon as possible.

2. CHANGES MADE TO YOUR BOOKING BY US

We and the relevant service providers will do all we can to tell you of any significant changes to your arrangements. If you do not wish to accept the change, wherever possible the relevant service providers may offer you an alternative arrangement with an alteration in price or otherwise the booking will be cancelled subject to the cancellation policies mentioned on our website. As an agent (as set out in section C above ) only we are unable to accept any liability for any changes, significant or otherwise, to your booking.

3. CIRCUMSTANCES BEYOND OUR OR OUR SUPPLIER’S CONTROL

No compensation of any kind or responsibility can be taken if, due to circumstances beyond the control of “TES Tour” LLC or the relevant service providers, we have to notify a change to your arrangements or we or the relevant service providers cannot supply your arrangements in full or in part as agreed, or you suffer any loss or damage of any description. A circumstance beyond our or the relevant service providers’ control is one that cannot be foreseen or avoided, even after taking all due care and includes but is not limited to war, terrorist activity, civil unrest, industrial disputes and bad weather situations or forecasts.

4. IF YOU HAVE A COMPLAINT

If you have cause for complaint whilst on your trip, this must be brought to the attention of the relevant service provider immediately so that action can be taken to remedy the problem. Failure to report your complaint in this way may jeopardise any claim you subsequently make. Complaints must also be notified to the TES Tour Customer Services Department at your earliest opportunity. The assistance we provide to resolve your complaint is provided in our capacity as a agent and/or operator (as set out in section C above). The health and safety standards that apply to the services you have booked should meet the local standards applicable to the booked destinations, and TES Tour monitors wherever possible that local standards have been met. However, note such standards may be lower and vary widely and may not match those prevalent in the UK, USA or the country where you are resident. If you have a concern with any safety standards you come across, you must take this up with the relevant service provider in the locality concerned at the time of your trip.

5. PRICES AND PAYMENT.

We accept the following credit cards

  1. Master
  2. Visa
  3. Visa Electron

TES Tour does not charge a service fee for processing credit card payments. Full payment by credit card is possible to be required to make a reservation. Payment will be listed as “TES TOUR LLC” on your credit card statement.

Prices are per person, unless otherwise specified. Prices do not include VAT and local taxes unless otherwise stated, Prices are based on the local tariffs at the time of quoting converted at the prevailing foreign exchange rate. Price quotations are subject to change without notice until a booking has been confirmed.

Not included as part of the services we offer are any applicable foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger facility charges and international transportation tax. In addition, tips/gratuities to tour directors, drivers, and local guides; passports and visa fees; baggage and personal insurance; beverages and food not listed under inclusions in the travel product and all other items of a personal nature are also not included. You should retain sufficient local currency to pay for all of the above items if necessary.

Certain products may involve charges like car parking, fuel surcharge and airport taxes or security deposit that are over and above the stated price on TES Tour websites. You will have to pay these directly to the relevant service providers in order to consume the service. Adequate explanation and information will be provided to you on the website under the product inclusions and exclusions section. Please review the terms of conditions of the relevant service provider before making any security deposits or payments for additional charges. TES Tour has no involvement in such financial transactions and hence carry no associated liability.

Please note if you are using an TES Tour gift voucher for full or part payment of your booking , that discount codes cannot be used on any product that is already discounted.

6. SPECIAL REQUESTS

Please inform us at time of booking of any special requests for any service or facility that is not included as part of your booking. We will enquire with the relevant service provider and where possible will try to accommodate your request, but please note such requests cannot be guaranteed.

7. CHANGES YOU REQUEST AFTER BOOKING BUT BEFORE CONSUMPTION

Please note that it will not be possible to make any changes to a booking once confirmed unless the original booking is cancelled and a new booking made. Cancellation charges will apply as per paragraph 8 below.

Prices applying to all new bookings made following a cancellation will be those prices applicable on the day the new booking is made.

TES Tour on behalf of its service providers reserves the right to cancel, change or substitute any service and to decline / to accept or retain any tour members at any time for any reason including, without limitation, an insufficient number of participants.

Please check your booking details carefully to ensure that any other independent flight and/or travel arrangements coincide with the dates you have booked with us as we will not be liable for any costs incurred as a result of any mistakes by you.

8. CANCELLATION BY YOU

If, for any reason, you decide to cancel your confirmed bookings, your credit card will be credited with the appropriate amount as per the cancellation policy applicable. Cancellation charges vary from product to product and are displayed on our websites. Please refer to the details and applicable cancellation charges on the product details page of our website. When canceling the booking you will be notified via email, facsimile or telephone of the total cancellation fees.

For bookings awaiting confirmation, please note: While your request is being processed, we cannot take a cancellation request during this period (up to 2 working days). Some of our tours require us to re-confirm availability, for this reason we put the charge on hold on your card. The amount on hold is not charged until the tour is confirmed. This confirmation process can take up to 2 working days and we cannot accept another request until we receive a confirmation. You may cancel or amend your booking after confirmation as per the applicable cancellation policy.

Unless otherwise stated in the product detail, these policies apply to all products sold by TES Tour.

9. PASSPORTS/VISAS AND HEALTH REQUIREMENTS:

It is the responsibility of all passengers, regardless of their nationality, to check with the appropriate authorities about any visa and immigration requirements. We will not accept any responsibility if you or any passenger will travel without the correct passport, visa, health insurance or any other immigration requirement.

10. INFORMATION ACCURACY

We and our suppliers regularly review all details about the travel product offered to ensure accuracy. Please note all duration times given are approximate. Please review the check-in time for the accommodation as these vary from country to country and could be any time between 1200 hours and 1600 hours.

11. FINANCIAL PROTECTION

In accordance with "The Package Travel, Package Holidays and Package Tours Regulations 1992" all passengers booking with “TES Tour” LLC are fully protected for the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from cancellation or curtailment of your travel arrangements due to the insolvency of “TES Tour” LLC.

There is no requirement for Financial Protection of day trips, and none is provided. This insurance is only valid for packages booked that DO NOT include flight.

Consumer aware: Your booking is insured by our insurance partner. This insurance is only valid for passengers who book and pay directly with/to “TES Tour” LLC. If you have booked and/or paid direct to a Travel Agent for a holiday with “TES Tour” LLC please request proof of how the booking is secured as this will not be covered by our insurance partner in this instance.

This Insurance has been arranged by our insurance partner. For further information please go to website.

12. OUR LIABILITY TO YOU

We act as a booking agent (as set out in section C above) and/or inbound tour operator for any accommodation, transport, guide service, attraction and/or any other event or service on the booking and we have no liability of any kind whatsoever to you or your party or dependants for any death, personal injury, loss, consequential loss or damage of any kind you or your party or your dependants may suffer unless caused by our own negligence.TES Tour, our employees or agents are acting either as tour operator and/or agents for the relevant supplier or as agent for you and your party.TES Tour, its agents and suppliers also 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 their control as set out in clause 6 above. Subject to the terms and conditions on this site, TES Tour ’s liability shall be limited to up to the price paid for the booked arrangements.

13. SUPPLIER’S CONDITIONS

You are bound by the booking conditions of the relevant service provider and conditions of carriage where relevant and these conditions apply to your contract with us. In the event of any conflict between the conditions of the relevant service provider and our own, the relevant service provider’s conditions will prevail provided they are valid and enforceable, otherwise our conditions will prevail. The relevant service provider’s conditions may limit or exclude their and our liability to you and they may be subject to international conventions. Copies of the relevant parts of these terms and conditions are available on request from TES Tour or the relevant service provider.

14. INTERNATIONAL CONVENTIONS

If any international convention applies to or governs any of the services or facilities supplied by us on behalf of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. You can get copies of the relevant conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these conventions or any other international conventions applicable to your travel arrangements.

15. TRAVEL INSURANCE

It is a condition of our contract with you that you and all members of your party have suitable and sufficient travel insurance to cover your journey as neither TES Tour team nor our suppliers can be held responsible for any liability, expenses or losses you incur as a result of being inadequately insured. We strongly recommend that at the time of booking a comprehensive travel insurance policy is purchased.

16. TRAVEL VOUCHER(S):

TES Tour will provide soft copies of vouchers relevant for each booking. Please note that each product has a separate voucher and hence there could potentially be multiple vouchers for your booking. It is your responsibility to print out all the vouchers related to your booking and present them to the relevant service providers. When presenting your pre-paid voucher(s) for redemption, the Lead Traveler is required to present valid photo identification, bearing the name of the Lead Traveler. The voucher may be confiscated if Photo ID, Credit Card / Gift Certificate and Signature do not match the Lead Traveler.

17. YOUR RESPONSIBILITY

Please note you are responsible for your and your party’s actions. If we or our suppliers believe your actions or those of your party could cause danger, upset or annoyance to other customers, guests or staff, we or our suppliers may end your booked arrangements immediately. In this event neither TES Tour nor the relevant service provider(s) will pay compensation, make refunds nor pay any expenses you suffer as a result.

You are responsible for your personal safety and for the safety of the accompanying people dependent on you. Please take time to understand and then conform to the health and safety rules stipulated by the relevant service provider or the facility or by the appropriate government authorities.

You agree to defend and indemnify “TES Tour” LLC, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:

  • you or on your behalf in excess of the liability described above; or
  • by third parties as a result of
  • your breach of this agreement or the documents referenced herein;
  • your violation of any law or the rights of a third party; or
  • your use of this website.

18. HOTEL RESERVATIONS

The star ratings may be different to official ratings as they vary significantly by country, and often within countries. Hence it is your responsibility to review the description of hotel facilities, rooms, meals and other amenities to make the best decision for yourselves.

It is your responsibility when making a reservation to ensure you have booked the correct room type for your needs. All details of the room types and the number of people that can be accommodated in the room are available on the website and should be double checked on your email confirmation.

You acknowledge that the availability of the facilities and features listed for each hotel are under the direct control of the hotel and as such “TES Tour” LLC or its affiliates cannot be held responsible if those facilities or features are not made available to you during the period of your stay. If a facility or feature is of particular importance to you, then you should check with TES Tour customer service or the hotel that this facility or feature will be available during your dates of stay. Please note that, in particular, swimming pools and air conditioning are only available seasonally and it is your responsibility to check whether these facilities will be available during your stay. You acknowledge that the inclusion in the hotel's facilities of car parking, means that a provision is made by the hotel for car parking. You acknowledge that the availability and cost of the car parking is determined by the individual hotel. It is your responsibility to check the availability and cost of the car parking provided by each hotel.

19. AIRPORT AND PORT TRANSFERS

You are responsible for providing precise arrival time and pick up location information (like airport, flight number, cruise docking port, hotel address) at least 72 hours before the travel date to the contact email or phone numbers mentioned in the booking voucher. Failure to do so can lead to loss of service and “TES Tour” LLC, its affiliates or the relevant service provider will not be liable for any refunds or penalties.

20. YOUR CONSENT TO RECEIVE OUR MARKETING COMMUNICATION

When you sign up or make a booking you consent to receive our marketing communication. Your consent to receive our marketing communication covers all our brands and websites including but not limited to www.testour.azwww.tourguidebaku.com. All such brands and websites are owned and managed by “TES Tour” LLC. You can unsubscribe from our marketing communication by using the link on our individual marketing communication or by writing to us on support@testour.az.