Terms and Conditions of Shamal Travels Ltd

The following Terms and Conditions (“hereinafter referred to as “Terms”) govern the contractual obligations arising between Shamal Travels Ltd (hereinafter referred to as either “the Agency”, or “we”, or “our”, or “us”) and any person (hereinafter referred to as either “the Client”, or “you”, or “your”) who retain our travel-related services. By booking with us, you voluntarily and unequivocally agree to be bound by these Terms.

1. Services Provided

1.1 The Agency provides for travel-related services, including but not limited to flights, accommodation, tours, transfers, and activities bookings, and this as an intermediary between the Client and any third-party service providers.

1.2 The Agency does not own, operate, or control airlines, hotels, transport companies, or other service providers.

2. Bookings and Payments

2.1 All bookings are subject to availability and confirmation, including but not limited to that of the third-party service providers.

2.2 To secure a booking with the Agency, a full payment or a deposit (as communicated by the Agency) must be made by you to the Agency prior to be communicated with any booking(s).

2.3 The balance (if applicable) must be paid before the deadline specified and/or agreed between You and the Agency. Any failure to do so may result in cancellation of any booking without any refund for the deposit and/or partial payment(s) made by you to the Agency.

2.4 All Payments are accepted either in Mauritian Rupees (MUR) or in such any other currency(ies) as may be agreed between the Agency and You.

3. Prices and Changes

3.1 Prices quoted are based on the rates available at the time of booking.

3.2 Prices are subject to any change caused by currency fluctuations and/or increases by service providers and/or changes in government taxes, levies, or fuel surcharges.

3.3 The Agency shall inform the Client as soon as reasonably practicable of any significant price changes before confirming their booking.

4. Cancellations and Refunds

4.1 Any and/or all cancellation(s) by the Client shall be explicitly made in writing to the Agency.

4.2 A cancellation or refund processing service fee shall apply to the Client. The amount of this fee shall be determined by the Agency, taking into account the complexity of the cancellation/refund request, the time required for processing, and the number of stakeholders involved. This fee shall be deducted from any amounts received from the Airline(s) and/or Service Provider(s), as applicable. The remaining balance, if any, shall be refunded to the Customer, generally via bank transfer.

4.4 Any and/or all refund(s), if any, will only be processed and disbursed to you once the Agency receives same from the relevant service provider. The Agency shall not be liable in any manner whatsoever for any delay(s) in the refund(s) process.

5. Client’s Responsibilities

5.1 The Client is solely responsible for ensuring that passport(s) and/or visa(s) and/or travel insurance(s), and/or any health requirement(s) are valid and comply with the regulations of the destination to which the Client intends to travel.

5.2 The Agency may provide general guidance but shall not be responsible in any manner whatsoever for any refusal of entry and/or deportation due to incomplete or incorrect travel documents submitted by the Client.

5.3 The Client must adhere to all the terms and conditions of the third-party service providers.

6. Travel Insurance

6.1 The Agency strongly recommends that Clients obtain comprehensive travel insurance covering medical expenses and/or trip cancellation(s) and/or loss of luggage(s), and/or personal liability(ies).

6.2 The Client acknowledges that any failure to take out travel insurance is at their own risk(s) and peril(s).

6.3 Clients are reminded that insurance policies, although facilitated by the Agency, are issued directly by the respective Insurance Companies. Clients are strongly encouraged to review these policies carefully and ensure that the coverage meets their individual needs and circumstances.

6.4 Any claim arising under a travel insurance policy must be submitted directly to the issuing Insurance Company. The Agency shall bear no responsibility or liability whatsoever for any claim, dispute, or matter arising from or in connection with a travel insurance policy.

7. Limitation of Liability

7.1 The Agency acts solely as an intermediary between the Client and any third-party service provider(s), and shall not be responsible for any act(s) and/or omission(s) and/or default(s) of third-party service providers.

7.2 The Agency shall not be liable for any of the following, including but not limited to:

– Losses, damages, injuries, delays, or inconveniences caused by airlines, hotels, transport companies, or any other third-party providers.

– Events beyond its reasonable control, including any force majeure and/or natural disaster(s) and/or strike(s) and/or political unrest(s) and/or pandemic(s) and/or government restriction(s) and/or such any other calamity(ies).

– Any indirect and/or direct and/or incidental and/or consequential losses suffered by the Client.

7.3 The Agency’s liability, if established by any Court of Law in any competent jurisdiction, shall, in any case, be limited to the amount paid by the Client to the Agency for the relevant booking, but shall not include any non-refundable fee(s) paid to the Agency.

8. Changes by the Agency or Service Providers

8.1 The Agency reserves all the right(s) to make any reasonable change(s) to the itineraries as and when required, and where necessary.

8.2 If any third-party service provider cancels and/or modifies any part of the booking, the Agency will make reasonable efforts to inform and assist the Client, but shall not be held liable for any such change(s) in any manner whatsoever, and shall be discharged from any liability in the event the Client establishes any liability against the third-party providers.

9. Governing Law and Jurisdiction

9.1 The present Terms and Conditions shall be governed exclusively by the applicable laws of the Republic of Mauritius.

9.2 All disputes between the Agency and the Client arising out of or in any way relating to this Agreement or any other dispute between the Agency and the Client in any way connected with the subject matter of this Agreement shall be governed by the applicable laws of the Republic of Mauritius. Furthermore, both the Agency and the Client hereby submit themselves to the exclusive jurisdiction of the Mauritian Courts for the purposes of any proceedings arising out of or in any way relating to the Agreement or any other proceedings in any way connected with the subject matter of this Agreement.

10. Acceptance of Terms

10.1 By making a booking with Shamal Travels Ltd, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.

• The Client confirms that they have had the opportunity to obtain such independent advice as they deem appropriate in relation to the terms and effect of this Agreement, and that they understand and accept the full meaning, effect and implications of entering into the same.

• The Client hereby confirms that they are signing this Agreement voluntarily without coercion of any description and with full understanding that the Client is releasing and compromising any and all claims and demands of every nature whatsoever that the Client has and/or might have against the Agency and/or its Associated Companies and/or each of its respective current and former officers, directors, agents and stakeholders.

11. Disclaimer

11.1 The Client acknowledges and agrees that travel involves certain risks, including but not limited to personal injury, illness, loss of property, accidents, and delays.

11.2 The Agency shall not be responsible and/or liable in any manner whatsoever for:

• Loss, theft, or damage to personal belongings suffered by the Client during travel.

• Any medical conditions, injuries, or accidents occurring before, during, or after the trip.

• Expenses incurred as a result of medical treatment, hospitalisation, or evacuation.

• Missed flights, delays, or disruptions caused by the Client’s negligence, health conditions, or failure to comply with travel requirements.

11.3 The Client undertakes travel at their own risk and responsibility.

12. No Signature Requirement

The Client hereby voluntarily and unequivocally agrees to enter into the present agreement and be bound by all the terms and conditions specified therein upon making a booking with the Agency. The Parties agree that no signature is required by either Party. An executed copy of the present agreement may be retained in electronic form. The Parties acknowledge that such electronic form shall constitute an original and may be relied upon as evidence.

13. Entire Agreement

This Agreement constitutes the entire agreement between the Parties, and once executed by or on behalf of both Parties, supersedes all (if any) previous arrangements and agreements in relation thereto. The Client acknowledges that they are not entering into this Agreement in reliance on any representations or warranties not expressly set out herein.