We are
Mosconi Tours Inc.(Philippine Explorer) and we look forward to the opportunity to 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
Mosconi Tours Inc. The term
"you"
refers to the customer visiting our website, booking a reservation through us or otherwise using our
services.
1. OUR AGREEMENT WITH YOU
1.1 Products and Suppliers
We sell a variety of travel related products from different suppliers and service providers
("Suppliers"). Each Supplier has its own terms and condition that are applicable to your particular
arrangements in addition to our general terms and conditions, and you should make sure you
understand them. Certain software and content found on our website are owned or licensed by us or
our Suppliers, your use of which may be subject to further conditions. Our website, which is referred
throughout this Agreement, can be found at www.philippineexplore.com
Mosconi Tours Inc is acting as intermediary or a "Booking Agent" for products and services that are
not directly supplied by us (e.g., air carriage and ground transportation, hotel accommodations,
meals, tours, cruises, etc.). We are not a co-vendor of such products and services. You will be entering
into a separate contract with such Suppliers in connection with such products and services.
All airlines tickets are subject to supplemental price increases that may be imposed after the date of
purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier
or government. You may be charged additional sums by Mosconi Tours Inc to offset increased fees,
fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof.
Acceptance of these terms and conditions hereby consent you to any post-purchase price increases
and authorize Mosconi Tours Inc. to charge my credit card for such additional amounts
1.2 Deposits and Payment
Any deposits from you are non-refundable. Payment of a deposit enables us to hold a reservation for
you but does not guarantee the price. The price can only be guaranteed once we receive full payment
and other travel documents have been issued, subject to any terms and conditions of the Supplier.
We will advise you of the date that full payment is required. Upon your provision of your payment
information, you are authorizing us to make the payment arrangements with the corresponding
Suppliers.
We reserve the right to refuse personal checks as a method of payment. After full payment, the
conditions of the contract with your Supplier may permit them to increase the cost of your
arrangements. If we are acting as your Booking Agent, we will pass on any such increase to you as we
become aware of such increase. If we have arranged a package, changes in transportation costs
including the cost of fuel, taxes, fees and exchange rates mean that the price of your travel
arrangements may change after you have paid in full.
1.3 Documentation
Our general practice is to send documents to our customers electronically whenever possible. We
reserve the right to charge an administration fee should you make a request for such documents to
be sent as a hard copy.
1.4 Cancellations and Changes
Your contract with your Suppliers may allow them to cancel or amend bookings. If we are your
Booking Agent, we will ensure that you are promptly notified of any significant changes once we
become aware of such change if there is time before your departure, but we accept no liability for any
changes or costs incurred that may result. Subject to the Supplier’s terms and conditions, you will
then have the choice of accepting the change of arrangements, accepting an offer of alternative travel
arrangements if one is made available by the Supplier, or canceling your booked arrangements and
receiving any applicable refunds. We do not guaranty that any refunds will apply.
If you have booked a flight and we are alerted to a significant schedule change by your airline before
you leave from your point or country of origin, we will contact you by email to advise you of this.
Please ensure that you have given your contact email address to us and that you regularly check for
messages before you leave. We have no control over airline schedule changes and accept no liability
for costs which may arise as a result of such changes.
After you have left from your point of origin, it is your responsibility to check with the airline that
any onward flights you have confirmed are operating as booked. We strongly recommend that you
contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please
note that for some airlines it is mandatory to confirm with them your intention to fly.
2. YOUR AGREEMENT WITH US
2.1 Your acceptance of these Terms and Conditions
By booking your arrangement with us or using our website, you are agreeing to be bound by the
terms of this Agreement and any additional terms and conditions of any Supplier that are applicable
to your booking, travel arrangements or use of any website content. You agree on behalf of yourself
and those you represent to comply with all such terms and conditions, including the payment of all
amounts when due. You agree that any violation of any such terms and conditions may result in (a)
the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your
reservation or purchase, (c) you being denied access to the applicable travel related product or
service, and (d) our right to debit your account for any costs we incur as a result of such violation.
You represent and warrant that (a) you are of sufficient age to use our services and website and can
create binding legal obligations in connection with your use, (b) you are legally authorized to act on
behalf of those you represent and accept these terms and conditions on their behalf, and (c) the
information supplied by you or members of your group is true and correct. You are responsible for
informing such other persons of all terms and conditions applicable to their travel arrangements. You
understand that you are financially responsible for any use of our services or website by you and
those using your name or account.
2.2 If You Change Your Booking
Where a change requested by you to your travel arrangements is permitted and possible, our
standard service fees will apply in addition to any additional Supplier charges. Please note that all
reservation changes are subject to availability and the terms and conditions of the product
purchased.
Changes to name details are not allowed by many airlines and other Suppliers. While we will
endeavor make such a change if necessary, please bear in mind that most airlines and Suppliers treat
a name change as a cancellation, to which standard conditions and charges would apply.
Flights must be taken in the sequence they appear on your ticket or eticket confirmation. If you plan
not to take a flight as booked, please contact the airline as far in advance as possible to discuss your
options. If you do not check in on time for a confirmed reservation, the airline may register you as a
‘no-show’, which could result in extra charges and/or your whole flight itinerary being cancelled
and/or render your ticket void.
2.3 If You Cancel Your Booking
If you cancel your arrangements, no refund will be process unless hotel and airlines cancel your
booking or due to unavoidable circumstances (Refunds will only be paid to you once we have
received the funds back from the Supplier(s). In addition to the cancellation terms and conditions of
your Supplier(s), our standard fees will apply as may be outlined on your receipt or booking
confirmation.
Generally flight tickets cannot be refunded if they are partially used. We are not responsible for a
Supplier’s failure to pay a refund.
If the reason for your cancellation is covered under the terms of your travel insurance policy, you
may be able to reclaim your cancellation charges through your insurer.
2.4 Important Notice Regarding Airline Reservations
If you arrive at an airline ticket or passenger check-in counter with your confirmed ticket and find
that the airline shows no reservation for you – do not leave the counter. Check your ticket. If the
status box shows "OK" or “CONFIRMED” for the flight in question, the airline policies typically
require them to accommodate you on that flight, or if that is not possible, they must either find you a
substitute flight or pay you denied boarding compensation. If necessary ask to speak to a supervisor.
2.5 If You Have A Complaint
If you have a problem during your holiday, please inform us immediately with emergency # to call:
0927-3252964 / 632-4378068 / 632-7092415. If you fail to timely contact us, we will not be
permitted the opportunity to investigate your complaint and attempt to rectify any error while you
are away, and this may affect your rights under this Agreement.
2.6 Travel Documents and Destinations
It is your responsibility to ensure that all of the details on your travel documents are correct and to
bring to our attention any errors or discrepancies immediately. Your travel documents are valuable
and should be safeguarded as if they were cash. It is not always possible to replace travel documents
in the case of loss, theft, damage, etc.
a. Passport should be valid for 6-months prior departure date
b. For foreign Passport Holder availing package, he/she must secure on-ward ticket from the
his/her originating country
c. For Government employee, Must prepare Travel clearance for immigration purposes
d. For Minor passenger traveling without the parents, must secure DSWD Clearance
e. To exempt Philippine Travel Tax, OFW must secure Overseas Employment Certificate (OEC)
prior ticket issuance
f. For discounted Philippine Travel Tax, Client must secure Reduce Travel Tax (RTT) from
Department of Tourism office
g. Check-in must be 2hrs for domestic and 3hrs for International prior departure time
2.7 Passport, Visa and Immigration Requirements
It is your responsibility to fulfill the passport, visa and other immigration requirements applicable to
your itinerary. You should confirm these with the relevant embassies and/or consulates. We do not
accept any responsibility in the case of you being unable to travel due to not complying with any such
requirements.
2.8 Insurance
Travel insurance is a vital part of your arrangements. We strongly recommend that you have taken
out adequate insurance for the duration of your journey. Travel insurance is a mandatory element of
some travel arrangements. We may be able to arrange travel insurance to be provided to you, furnish
you a quote, and answer any queries you may have regarding the insurance.
2.9 Use of our Services and Website
You agree you will only use our website or services to make legitimate reservations or purchases and
shall not make speculative, false or fraudulent reservations or reservations in anticipation of
demand. You will only use our website and services in compliance with applicable law.
Without our prior written permission, you may not (a) access, monitor or copy any content or
information on our website using any "robot", "spider" or other automated or manual device or
program, (b) deep link to any portion of our website, or (c) "frame" or incorporate any portion of our
website into any other website.
Our website may contain links to third party websites that we provide only as a convenience to you.
You should take precautions to ensure that whatever links you access are free of viruses, worms,
trojan horses or other destructive mechanisms The existence of these links does not imply that we
endorse such websites or any included content. We are not responsible for such websites or content
or any data privacy practices of such websites.
2.10 Indemnification
You agree to indemnify us and our affiliates, and any of our Suppliers, and any such parties’ officers,
directors, employees and agents from and against any claims, causes of action, demands, losses,
damages, or other costs, (including reasonable legal and accounting fees) brought by you or third
parties as a result of (a) your breach of this Agreement, (b) your violation of any law or rights of any
third party, or (c) your use of our website.
2.11 Privacy Policy
You consent to our processing and sharing of personal information about you and other members of
your party that you have provided to us in accordance with the terms of and for the purposes set
forth in our privacy policy. You represent that you have read and agree to the terms of our privacy
policy, which can be found at our website.
3. ADDITIONAL TERMS
3.1 Warranties, Disclaimers and Limitation of Liability
FOR THE AVOIDANCE OF DOUBT, REFERENCES HEREIN TO "US" "WE" AND "OUR" SHALL ALSO
REFER TO OUR AFFILIATES. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
PROVIDED BY US OR OUR SUPPLIERS OR PUBLISHED ON OUR WEBSITE MAY INCLUDE
INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE
ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES
RELATING TO SUCH INFORMATION THAT APPEARS ON OUR WEBSITE. WE EXPRESSLY RESERVE
THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING
RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL
OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE
OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
ANY RATINGS FOR SUPPLIERS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND WE DO NOT
GUARANTEE THE ACCURACY OF THE RATINGS. WE MAKE NO GUARANTEES ABOUT THE
AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. WE MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY
US OR CONTAINED ON OUR WEBSITE FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY
PRODUCTS OR SERVICES BY US DOES NOT CONSTITUTE OUR ENDORSEMENT OR
RECOMMENDATION OF SUCH PRODUCT OR SERVICE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE
DISCLAIM ALL WARRANTIES THAT OUR WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US OR
OUR SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
WARRANTY DISCLAIMERS MAY VARY FROM STATE TO STATE.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON
THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE US.
WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES,
BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH,
PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO
LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION,
OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, AND WE
HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR
ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR
ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR OUR SERVICES OR WITH THE DELAY OR
INABILITY TO ACCESS, DISPLAY OR USE OUR WEBSITE WHETHER BASED ON A THEORY OF
NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES.
THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED
REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
3.2 General
We are acting as an independent contractor and no joint venture, partnership or employment
relationship exists between you and us or our Suppliers as a result of this Agreement or your use of
our website.
We reserve the right at any time to modify this Agreement without prior notice to you. Please refer
to our website at www.philippineexplorer.com from time to time to review the most current version
of the Agreement. Your continued access or use of our website or services signifies your acceptance
of the modifications to the Agreement. You may not assign your rights or obligations under this
Agreement to any third party. We may terminate this Agreement at any time for any reason, and such
termination shall not affect any right to relief to which we are entitled at law or in equity.
If any provision of this Agreement is found to be invalid, illegal or unenforceable, the enforceability
of the remaining provisions will not in any way be affected or impaired.