Silver Wings Travels Limited act as your booking agent for your travel needs. These terms and conditions (the “Agreement”) describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. The terms “we”, “us” and “our” refer to Silver Wings Travels Limited. The term “you” refers to the customer visiting our website, booking a reservation through us or otherwise using our services.

These Terms and Conditions apply to all our services. By accessing the Website and/or making use of the Travel Services, you agree to be bound by these Terms and Conditions. Through the Website, we provide an online booking platform through which you may search and make a reservation, purchase or payment in respect to the various products and services made available on the Website. We also provide details of ready-made holiday packages and other travel products which you can book offline after which our travel consultants will contact you to handle and complete the booking process. Although we will use reasonable skill and care in performing our Services, we will not verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors, any interruptions (whether due to any breakdown, repair, upgrade, or maintenance of the Website), inaccurate, misleading, or untrue information, nor non-delivery of information. Each Travel Provider remains responsible at all times for the accuracy, completeness, and correctness of the information displayed on our Website. Our Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, rating, or type of accommodation of any Travel Provider made available, unless explicitly indicated or set out otherwise. Our Travel Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, use, copy, monitor, display, download, or reproduce any content or information, software, reservations, tickets, products, or services available on the Website for any commercial or competitive activity or purpose.

By using the Travel Services, you enter into a legally binding contractual relationship with the travel Providers with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Reservation, we act solely as an intermediary between you and the travel Provider. By making a Reservation with a travel Provider, you accept and agree to the relevant cancellation and no-show policies of the travel Provider and to any additional terms and conditions of the travel Provider that apply to your travel (including the terms and conditions of the travel Provider made available on the Website and/or that we provide to you during the booking process). The general cancellation and no-show policy of each travel Provider is made available on the Website, during the reservation procedure and in the confirmation email or ticket (if applicable). Note that certain rates, fees, or special offers are not eligible for cancellation, refund, or change. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards, or insufficient funds are for your own risk and account, and you will not be entitled to any refund of any (non-refundable) prepaid amount unless the travel Provider agrees or allows otherwise under its (pre)payment and cancellation policy. If you want to review, adjust, or cancel your Travel Reservation, contact us by phone or by email or drop by to meet us. Note that you may be charged for your cancellation in accordance with the Service Provider’s cancellation, (pre)payment and no-show policy, or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the travel provider carefully prior to making your reservation, and remember to make further payments on time as may be required for the relevant reservation. If you are unable to undertake your travel due to:

• unexpected health or medical events, including (but not limited to) death, pregnancy, broken bones and hospitalization; or
• unavoidable and exceptional circumstances that are not within your or our control, such as natural disasters, terrorist attacks, wars, a high-level travel warning issued by government or authority in the region of travel;
• epidemics/pandemics or collapse of buildings, fires, explosions or accidents,

please get in touch with us for information on how we may assist you.

If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to communicate this with the service Provider in a timely way so they know when to expect you to avoid cancellation of your travel (Reservation) or charge of the no-show fee. Our customer service department can help you if needed with informing the service Provider.

Silver Wings Travels Limited does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the service Provider.

If you buy an air ticket on the Website (the “Air Ticket”), the Conditions of Carriage for passengers and baggage of the operating airline will apply. To obtain the relevant Conditions of Carriage, please go to the relevant airline’s website or obtain them directly from the relevant airline. If you have any questions on the terms and conditions that apply to your Air Ticket (for example on the change, cancellation and/or baggage allowance rules), you can contact us and one of our Travel consultants will assist you.

If you are booking Air Tickets for a number of passengers, the passenger whose details are first entered will be the lead passenger and responsible for providing accurate information on the other passenger(s). The first passenger will be accepting these Terms and Conditions and the Conditions of Carriage on their behalf and ensuring that they comply with them.

You should ensure that all details provided by you when making your booking (such as name, ID Details, contact details, payment details and dates) are accurate and complete. You can view your booking details and (where permitted) make a request to change or get a refund for your Air Ticket on our Website using the email address you booked with.

Once payment is confirmed, you will receive an email from us confirming that the flight booking payment has been successful. You agree to check the details in the email and to inform us immediately if any of the details are incorrect. Your Air Ticket will be issued within the time frame we notified you of during the booking process. Your Air Ticket will be in the form of an e-ticket. When your Air Ticket is issued, you will receive an email from us which will also include your travel itinerary and an e-receipt. Sometimes, it might take a little longer for your Air Ticket to be issued but it will be issued no later than 72 hours before your flight is scheduled to depart. When your Air Ticket is issued, we will also provide you with the Air Carrier’s booking reference in the ‘Flight Booking Confirmed’ email. If you encounter a problem when you submit your payment, please do not submit the payment again. You can confirm whether your booking was successfully made by contacting us using the details set out below.

We feature on the website holiday packages and other travel related products which may be booked offline. You may request quotations from us for these Offline products. We will then get in touch with you to provide you with a quotation and pursue your reservation. The offline travel products for which we provide you with quotations are subject to their availability at the time you make your Offline travel Reservation. The prices quoted are valid as at the date of the quotation. Thereafter, they may be subject to changes resulting from fluctuations in bank rates or exchange rates, air fares, hotel rates or imposition of new taxes and dues.

We provide you with information on your rights to change or cancel your Air Ticket during your booking process. Please note that you may have selected an Air Ticket that cannot be changed and refunded. The costs associated with the rebooked flights or changes will be communicated before the changes. This information should be read carefully before finalizing your booking. You could also find this information by logging on our Website and viewing your booking details. If you are unsure whether your Air Ticket permits changes and/or refunds for cancellation, please contact us. Where your Air Ticket permits changes and/or refunds for cancellation, you could request this in the booking details section when you log on our Website or by contacting us. When your Air Ticket permits changes, the flights that you can change may be limited by the Air Carrier, so all of the options on our Website may not be available to you. We will provide you with information on the available options when we receive your request to change your Air Ticket.

Where possible we will provide you with information on:

• check in and boarding times;
• baggage allowances and restrictions; and
• whether it is possible to book infant/child tickets online. However, you should always check the relevant Air Carrier’s website for complete details.

For information on:

• suitability of passengers for flying (for instance elderly, pregnant or infant passengers);
• rules on passengers carrying lithium batteries, dangerous goods and liquids; and/or
• applications for special meals and/or services before your journey, you should check the relevant Air Carrier’s website for details as different Air Carriers may have different policies or rules.

If you wish to order special meals and/or services via us, please contact us and we will try to assist. It is your responsibility to ensure that you allow sufficient time for check-in, passport control and security checks after you arrive at the relevant airport terminal. Please be aware that your Air Tickets must be used in the sequence set out in your travel itinerary, otherwise the relevant airline may not allow you to check in or board the plane. For instance, if you do not use your outbound Air Ticket, the airline may not allow you to use your return Air Ticket.

It is your responsibility to know and fully understand the visa requirements of the countries you are visiting. Whenever requested by you, we may facilitate your visa application process. That service will include assistance in completing documents and processing. We shall charge a non-refundable service fee to visa application assistance services (the “Visa Service Fee”). The Visa Service Fee shall not be refundable even if the visa is not granted. We shall also charge an additional courier fee when the visa application has to be sent to Department of Home of Affairs, Embassy or Consulate or any other authority which is situated outside Mauritius. However, if we decide to facilitate the visa application process on your behalf, we offer no guarantee that the visa application will be successful. We shall not be held liable for any prejudice suffered by you as a result of his visa application being rejected for whatever reason.

When using the Services, you undertake that you shall not:

• use an invalid bank card or a bank card that you are not authorized to use;
• impersonate any person, or misrepresent your identity or affiliation with any person;
• provide inaccurate information to us;
• do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose;
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; • breach (or help or encourage others to breach) these Terms and Conditions; • violate any laws and regulations or regulatory requirements; or
• do anything which may interfere with or impair the intended operation of the Website. It is the client’s responsibility to obtain all required travel documents including passports, health certificate, entry requirements and visas and we shall not be liable if the client is denied entry in any country as a result of his failure to hold the required travel documents. The client is kindly advised to purchase his travel insurance prior to embarking on his travel. Advice on travel insurance may be obtained from any representative of the Company. You are responsible for maintaining the confidentiality of your Website access information (such as booking references and your travel itinerary). You may choose to permit family members, friends or colleagues to access the Website on your behalf by providing Website access information and/or booking data to such persons provided that: you have obtained the consent of any other persons whose booking data or personal data is accessible with your Website access information; and you accept full responsibility for the acts and omissions of that person when accessing the Website using the Website access information and/or booking data provided by you whether such access is authorised by you or not.

When we are required to process your personal data in connection with your use of the Website, we will do so in accordance with the Data Protection Act 2017, which is itself aligned with the General Data Protection Regulation (GDPR). We encourage you to consult our Data Protection Notice, where the details of such processing are set out.

You agree that the Website and its components, including the graphics, logos, trade and service marks, photos, videos, text, user interface, audio clips, video clips, software and other contents thereon, contain proprietary information and material which are owned by us and/or our licensors and/or third-party service providers, and which are protected by intellectual property, copyright and other laws. You agree that you will not use any such proprietary information or materials in any way whatsoever which is not related to the proper and intended use of the Website. No portion of the Website may be reproduced in any form or by any means, except as expressly permitted in these Terms and Conditions of Use. You agree that you shall not modify, reverse-engineer, lease, loan, sell, distribute, create derivative works or otherwise exploit the Website and/or its contents in any unauthorised way whatsoever.

The Website is provided to you on an “as is” basis. We cannot guarantee that it will be safe and secure or will work perfectly at all times. To the extent permitted by law, we also disclaim all warranties, whether express or implied (including warranties of merchantability, fitness for a particular purpose, title and non-infringement). All software products downloaded from any section of the Website are downloaded, installed, and used totally and entirely at your own risk. We do not control the websites or apps of third parties. We are not responsible for the content, services and features offered by other people, companies, websites or apps even if you access them through the Website. We wish to draw your attention to the fact that we are not agents of the Service Providers. Consequently, we shall not be held liable for any prejudice caused to you as a result of any act or omission of the service Providers. To the extent permitted we shall not be liable for any loss or damage incurred as a result of:

• incorrect details (such as Name, ID Details, Passport Details, Contact Details, Payment details and dates) submitted by you when making your booking;
• not being able to contact you with important information about your booking (such as change in Schedule, flight cancellation etc.,) where you have provided incorrect contact details;
• you are being denied boarding, due to Passport Details provided by you during your booking not matching those on your passport;
• your failure to having the correct documentation for your journey including having an expired passport or not obtaining the required visa for your trip;
• you being unable to board a plane or check in to a hotel, due to your behaviour being deemed as unacceptable by the relevant Trip Provider;
• where your journey involves a flight transfer, your failure to make the connecting flight due to your own acts or omissions;
• any duplicate bookings made by you by error;
• any direct communications between you and the relevant Trip Provider; or
• false, inaccurate, outdated or incomplete payment information provided by you.

Subject to the limitations set out in these Terms and Conditions and to the extent permitted by law, we will only be liable for direct damages actually suffered, paid, or incurred by you due to an attributable shortcoming of our obligations in respect of the Trip Services, up to an aggregate amount of

1. the aggregate cost of your Trip Reservation; or
2. the sum of twenty-five thousand rupees (MUR 25,000); whichever is the lower. We make no representations or warranties with respect to the Trips, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. You acknowledge and agree that the relevant Trip Provider is solely responsible and assumes all responsibility and liability in respect of the Trip (including any warranties and representations made by the Trip Provider).

Without prejudice to any other action we may take, we may cancel a confirmed Trip Reservation if we have reason to believe that the ticket has been bought using a fraudulent card or if there is a risk of liability for Silver Wings Travels for the transaction made. For Credit Card Payments, Silver Wings Travels shall not in any way whatsoever be responsible or liable for any charge including without limitation foreign transaction fees that may be levied on the transaction by your bank.

This Website may include links to other internet sites. We do not endorse any such websites and we are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remain solely at your own risk.

You can contact us by calling our travel consultants support team during office hours (08.30-17.00) on 2100160, or by emailing us on [email protected].

If:

• you fail, or we suspect on reasonable grounds that you have failed, to comply with these Terms and Conditions;
• we believe that your continued use of the Website may cause us prejudice, we may, without notice to you, preclude your access to the Website. We also reserve the right, in our sole discretion and at any time, without notice, to change, limit, discontinue or suspend any aspect, content, or feature of the Website (or the whole Website), as well and any aspect pertaining to the use of the Website. We may make changes to the Trip Services, information, products and other materials on this Website or discontinue this Website, at any time without notice. We shall not be liable to you for any prejudice which you may suffer as a result of such termination or modification.

These Terms and Conditions of Use are governed by the laws of Mauritius and any dispute relating to same shall be submitted to the Courts of Mauritius.