Putnik Travel

General Terms and Conditions

G E N E R A L T E R M S A N D C O N D I T I O N S

PART ONE: TERMS AND CONDITIONS FOR BOOKINGS OF TRAVEL SERVICES WITH PUTNIK TRAVEL

Putnik Travel GmbH (hereinafter referred to as „Putnik Travel“ or „putnik.ch“) acts within its activities solely as an agent of transport, accommodation and other related services (flights, package tours, hotel bookings, rental cars etc. – hereinafter referred to as „travels“). Putnik Travel itself does not organize any travels. In the event of a booking, the contract concerning the travel is concluded solely between you and the respective travel business and/or provider (e.g. airline, hotel operator etc.). The following terms thus apply solely for our intermediary activities and have no effect whatsoever on the terms on which the arranged travels take place. In this context please note the terms and conditions of the respective travel business and/or provider.

I. SERVICES RENDERED BY PUTNIK TRAVEL; ORDER TO MEDIATE

1. By filling in the information fields and completing the booking procedure you entrust us to mediate a transport service or other service related to the realization of your travel and rendered by a third travel business. You are bound to your booking order. To make a booking, you must be 18 years or older.

2. Our contractual commitments are limited to the mediation of offered and bookable tours. The realization of the booked travel services as such is not part of our contractual commitments. Any details of your booked travel services are listed in your profile.

3. As part of its service package, Putnik Travel will try to inform you by phone or email of any short-term changes of your itinerary, e.g. in the event of flight changes or cancellations.

II. LIMITATION OF LIABILITY; WARRANTY

1. When listing details on travel services, we rely on information we obtain from the individual travel businesses. Putnik Travel is unable to verify the accuracy and correctness of this information. Putnik Travel thus assumes no liability whatsoever for this information being correct, complete or up-to-date. The same applies to other information on this Website provided by third parties.

2. Putnik Travel does not assume any liability for the travel being available at the time of booking nor for the booked travel service being rendered either.

3. For the remainder, Limitation of Liability as per Part 3, Number 1 of these GTC shall apply.

III. BOOKING FLAT RATE; COLLECTION OF TRAVEL FEES

1. Putnik Travel charges a reservation fee for mediating travel services. This fee will not be refunded if the travel is canceled, unless the cancellation is caused by fault of Putnik Travel and/or its vicarious agents.

2. Fly & Hotel, Fly & Drive, city breaks, hotels and rental cars can solely be booked with credit cards. Possible methods of payment are indicated for each travel and other bookable services and may vary.

3. If you chose a credit card as method of payment, you give express authority to Putnik Travel to collect, on behalf of the travel business, the amount owed for the travel via you credit card number.

IV. BOOKING CONFIRMATION; ITINERARY; TICKETS

1. The booking effected by you or your travel manager shall be deemed to be accepted by us only at the time when you receive the booking confirmation in your name via email. If you do not receive an email confirmation within 15 minutes after you have made your booking, please contact us by phone. You are also obliged to access you personal details on the Website and to check the itineraries, especially in the event that you have not received a booking confirmation. With you confirmation of the booking on our Website or by phone or fax, you are entering a contract with Putnik Travel concerning the mediation of a travel.

Putnik Travel reserves the right to pass on to the customer within 2 working days any changes in tariff caused by computer processing or currency fluctuations.

2. You are also obliged to immediately verify the correctness of the booking confirmation you have received and/or the details of the stored itinerary and, if applicable, to inform the travel business of any incorrectnesses or deviations in comparison to original booking. Booking documents, too, shall immediately be checked for completeness and Putnik Travel informed of any missing booking documents. Incorrectnesses and/or deviations brought forward belatedly do not authorize for cancellation of the contract.

3. When ordering a return ticket via the Putnik Travel Website you are obliged to take the outbound as well as the return flight. If you fail to take your outbound flight, your return flight will be automatically canceled. The airline or Putnik Travel as an intermediary will not refund your expenses. This also applies in the event that you do not take your return flight or if you do not start your trip at all.

4. In the event of hotel or rental car bookings, you will receive vouchers as booking confirmation. Please hand them directly over at the hotel reception or at the rental-car office counter.

5. In the event of package tours, you will receive the documents via mail or at the airport desk.

6. Flight tickets can be ordered as E-tickets only.

7. Confirmation of return flights:

The customer is responsible for confirming the return or connecting flight with the airline at least 72 hours prior to the flight. Otherwise the flight can be canceled. For flights to European destinations, such a confirmation is not mandatory.

V. REBOOKINGS/CANCELATIONS

1. 1. Rebooking a confirmed travel is possible only by canceling the booked travel and booking another travel at the same time, unless the travel business has arranged for special provisions in such cases. Possible fees for the rebooking or other charges to be paid in case of rebooking are subject to the terms and conditions of the respective travel business and/or provider.

2. In the event of a definite cancellation of the contract from your part, the amount of the costs incurred with regard to the cancellation is subject to the terms and conditions of the business travel and/or provider. We advise you to take out travel insurance.

3. Any travel cancelations must be brought forward to the respective travel business and/or provider. However, if you still want to draw on Putnik Travel to deliver the cancellation, the cancellation must be set forth in writing for traceability reasons, i.e. by Email, fax or letter, and stating the travel number.

VI. REFERENCES TO PASSPORT, VISA, CURRENCY OR HEALTH REGULATIONS

When providing information on passport, visa, currency or health regulations at your travel destination, we assume that you have Swiss citizenship. If this is not the case, please contact the responsible embassy or consulate for more information.

Since Putnik Travel relies on third parties (travel businesses or authorities) with regard to such information and since relevant regulations can change at any time, Putnik Travel assumes no responsibility whatsoever for this information being correct, complete or up-to-date. Any liability of Putnik Travel in this respect is thus excluded.

VII. GUARANTEE ON YOUR PART; LIABILITY

1. You are liable for any use of this Website on your part as well as for the use of your account by others, in particular by underage persons (under 18 years) living in your household and your travel manager.

2. Any use of this Website by underage persons or by your travel manager in your name or for your account shall be supervised by you. You are also obliged to ensure that any information given by yourself, your travel manager or members of your household in using this Website is correct and complete.

3. Underage persons (under 18 years) who travel alone can make a direct booking only through Putnik Travel by phone or via email. Reservations via this Website are not possible, since underage persons must be registered directly with the airline.

4. Any speculative booking made in exploitation of evident incorrect pricing or made with fraudulent intent, or any booking made in anticipation of increased demand is prohibited without restriction. The right to make bookings on this Website may only be used to make lawful bookings and purchases for yourself or for another person whose travel manager you are or on whose behalf you may act.

5. Complaints:

Any complaints shall be addressed to Putnik Travel in writing within a period of maximum 30 days after return. If this deadline is not met, Putnik Travel reserves the right to stop any further action in this regard.

VIII. OTHER

Some travel services offered on the Putnik Travel Website are supplied directly via international travel booking systems and for some Putnik Travel provides links directly to their websites. Such offers often contain regulations in English that may have effects on the type and scope of the offered travel services. If you experience any difficulties in comprehending such information, our Putnik Call Center will be glad to help you on the phone under: +41 43 816 7007

PART TWO: TERMS AND CONDITIONS FOR USING THE PUTNIK TRAVEL WEBSITE

I. PRIVACY PROTECTION

Since your privacy is important to us, Putnik Travel operates in accordance with the following principles:

1. We will ask you explicitly if we require information which can identify you personally (personal data). For example, if you want to register for membership, Putnik Travel will ask you for your name and email address. The same applies, if you appoint a travel manager for yourself, for his/her personal data. We provide this personal data to third service providers (e.g. airlines, travel businesses etc.) as far as it is required for processing your request. We will also use your personal data to operate our Putnik Travel services.

2. By giving us the number of your mobile phone at registration, it will be used for our information service in the event of short-term itinerary changes as per Part One, No. 4 of these General Terms and Conditions. Since this service is free of charge, short advertising messages may be attached at the beginning or end of our SMS notices.

If requested upon registration, Putnik Travel will also inform you of current travel offers from third providers or from Putnik Travel. If you do not wish to receive such offers any longer, please indicate this on the membership registration page or in writing.

3. To make sure that your personal data for your registration as member or travel manager is correct and up-to-date, you can verify and update you customer information at any time.

II. USE OF THE WEBSITE

1. This Website is intended for your personal and for commercial use. You are not allowed to change, reproduce, distribute, transfer, publish, license nor create, convey or sell derivate works from any part of the content or design of this Website.

2. It is also prohibited to use this Website and services in a manner that infringes Swiss law or these General Terms and Conditions.

III. COPYRIGHT AND TRADEMARK

IV. LIMITATION OF LIABILITY

1. Putnik Travel strives toward ensuring the correctness of the information on this Website. However, Putnik Travel is not able to guarantee that the information is error-free. In addition, this information is subject to periodic changes. Putnik Travel can make changes and/or improvements of this Website at any time.

2. Neither Putnik Travel nor its affiliated companies give any guarantee or warranty for any information, software, products or services contained in this Website, in particular with regard to fitness for a particular purpose, unless this guarantee or warranty is given within an individual communication with the customer.

3. For the remainder, Limitation of Liability as per Part 3, Number 1 of these GTC shall apply.

V. LINKS TO THIRD-PARTY WEBSITES

Hyperlinks on the Putnik Travel Website are provided for information only. Putnik Travel accepts no responsibility for the contents of such websites. By including hyperlinks to these websites, Putnik Travel does neither imply approval of their content nor any connection with their owners.

VI. CANCELATION OF REGISTRATION

You can cancel your registration with Putnik Travel at any time. Send a message in writing to Putnik Travel (e.g. via email, fax or by mail) and we will delete your profile instantly as long as it is no longer required to render any services you have ordered.

VII. SOFTWARE AVAILABLE ON THIS WEBSITE

1. Any software on this Website provided for download is a copyrighted work of Putnik Travel and/or its suppliers. Your use of this software is subject to the conditions, if available, of the end user license agreement (EULA) for the respective software. You must agree to the terms of this agreement before you can use the software. The warranty for the software complies solely with the terms of this agreement.

2. For software without such a license agreement, Putnik Travel will grant you as user a personal, non-transferable, non-exclusive license for the use of the software for the sole purpose of using this Website in compliance with these Terms and Conditions.

3. You must consider that the complete software, in particular all HTML codes, Active-X-Controls and other scripts contained in this Website are the property of Putnik Travel and/or its suppliers and therefore protected under copyright law and by international agreement. You are only permitted to make copies of the software for data protection or archiving purposes. Any other reproduction or propagation of the software is expressly prohibited by law and can lead to high fines and prosecution. In addition, you are not permitted to employ reverse engineering to retrace, decompile or disassemble the software.

4. The software and any accompanying documentation and/or technical information are subject to applicable law and Swiss export regulations. You are not allowed, neither directly nor indirectly, to export or re-export the software to any countries that are subject to Swiss/Schengen regulations.

PART THREE: GENERAL

The following general provisions apply to the preceding Parts One and Two of these General Terms and Conditions.

I. LIMITATION OF LIABILITY

1. Any liability of Putnik Travel is limited to intent and gross neglect except in cases of violation of fundamental contractual obligations.

2. In case of slight negligence, Putnik Travel is liable only for typical and foreseeable damage.

3. In case of slight negligence, the liability of Putnik Travel is limited, for every single case, to the maximum amount for the booked service from which the claim results.

4. Any claims for damages become time-barred one year after the customer became aware of the claim-triggering circumstances. This does not apply to claims resulting from an unlawful act.

5. This Limitation of Liability does not apply to claims based on product liability or other legal liability. The same applies in the event that the consequences of damage are death, injury or any health problems.

6. In as far as liability of Putnik Travel is excluded, this provision will also apply to the personal liability of Putnik Travel’s employees, legal representatives and vicarious agents.

II. RIGHTS OF PUTNIK TRAVEL; INDEMNITY

1. Any violation of these General Terms and Conditions or any reasonable suspicion that a violation has occurred authorizes Putnik Travel, at any time and after a reminder with fixing of a reasonable deadline, to exclude the person involved from using this Website and/or its services after the bookings already made have been completed. In the event of any substantial violations on the part of the user or any substantial suspicion thereof, a prior reminder is not required.

2. You shall indemnify Putnik Travel and its vicarious agents against any claims from third parties, including the costs for appropriate legal prosecution and defense, arising from your culpable conduct.

III. OTHER PROVISIONS

1. If one of the above mentioned provision proves to be ineffective or not enforceable, the parties shall substitute it for a valid and enforceable provision which comes as close as possible to the intent of the original provision. All other provisions remain valid.

2. This contract is subject to Swiss law. The court of jurisdiction is Aarau if you are merchant or do not reside in Switzerland.

3. These General Terms and Conditions are stored by Putnik Travel.

4. Any booking on this Website can be made in English, German or Serbian.

5. Amendments of our Terms and Conditions:

We reserve the right to change these Terms and Conditions. If we change the Terms and Conditions, any changes shall become effective when published on this Website.

6. Company information:

The putnik.ch Website is owned by Putnik GmbH, a company registered in Switzerland under the registration number CH-400.4.021.998-1 and domiciled in Obere Vorstadt 17, 5000 Aarau.

The phone number of the company is 043 816 70 07.

Regular business hours are from Monday to Sunday (daily) from 8:00 AM to 8:00 PM.

Our office at Zurich Airport, Terminal 2, row 10, is open from Monday to Sunday (daily) from 8:00 AM to 8:00 PM.

Email address: info@putnik.ch.

Our Customer Service will be glad to assist you: +41 43 816 7007.