GENERAL TERMS AND CONDITIONS (GTC) for the Intermediation and Booking of Travel and Travel-Related Services

Travel Protocol Worldwide Maalaoui (TPWW)
Sempach, Switzerland

Version: 31. July 2026

1. Scope

These General Terms and Conditions (“GTC”) apply to all services provided by Travel Protocol Worldwide Maalaoui (“TPWW”), a sole proprietorship with its registered office in Sempach, Switzerland, to its clients (“Client”) in connection with the selection, organisation, intermediation and booking of travel and travel-related services.

TPWW specialises in the individual organisation and booking of travel and travel-related services, in particular in the premium and luxury travel segment.

Depending on the nature of the respective service and the booking channel used, TPWW acts either as an intermediary for a travel service or as the Client’s contractual counterparty for an individual travel service.

Where TPWW acts as an intermediary, the contract for the respective travel service is concluded directly between the Client and the relevant independent third-party service provider.

Where TPWW offers and books an individual travel service in its own name vis-à-vis the Client, the contract for that travel service is concluded between TPWW and the Client. In such cases, the actual travel service is generally performed by an independent third-party service provider.

These GTC govern the legal relationship between TPWW and the Client in respect of both of the above forms of service provision.

In addition, the contractual, tariff, transportation, amendment, cancellation and other terms and conditions of the respective service provider, booking provider or other contractual partner may apply to the relevant travel service insofar as they are incorporated into the respective contractual relationship.

2. Role and Capacity of TPWW

Depending on the nature of the respective service and the booking channel used, TPWW may act in different legal capacities in connection with individual travel and travel-related services.

Where TPWW acts as an intermediary, TPWW intermediates contracts between the Client and independent third-party service providers. Such services may include, in particular:

  • hotels, villas and other accommodation; 

  • scheduled, charter and private flights; 

  • chauffeur, transfer and other transportation services; 

  • rental vehicles; 

  • yacht and other charter services; 

  • tourist activities, excursions and experiences; 

  • wellness and medical services; 

  • security services; 

  • lifestyle and VIP services; and 

  • other travel and travel-related services. 

In the case of an intermediated travel service, the contract for the respective service is concluded directly between the Client and the relevant Service Provider. TPWW does not become a party to such contract and does not owe the performance of the intermediated travel service.

Where TPWW offers or books an individual travel service in its own name vis-à-vis the Client, the contract for that travel service is concluded between TPWW and the Client. The actual travel service is generally performed by an independent third-party service provider, in particular a hotel, transportation provider or other provider of the booked service.

TPWW may source or intermediate individual travel services either directly from Service Providers or through booking, reservation, intermediary or other B2B distribution platforms.

TPWW’s legal capacity in relation to each individual booking is determined by the specific structure of the booking process and the contractual relationship confirmed to the Client. In particular, consideration will be given to whether TPWW merely intermediates a contract between the Client and a third-party Service Provider or offers the relevant individual travel service to the Client in its own name.

3. Scope of TPWW’s Services

TPWW’s services are individually tailored to the travel requirements, requests and preferences communicated by the Client.

As part of its activities, TPWW may in particular:

  • receive and assess the Client’s travel requirements and preferences; 

  • research and select suitable travel services and Service Providers; 

  • obtain offers and availability information from Service Providers or through booking, intermediary and other distribution platforms; 

  • propose suitable travel services and Service Providers to the Client; 

  • coordinate the timing and organisation of various travel services; 

  • submit booking and reservation requests to Service Providers or booking platforms; 

  • make bookings and reservations in accordance with the Client’s approval; 

  • communicate with or coordinate communication with the respective Service Providers; 

  • communicate the Client’s individual requests and preferences to the respective Service Provider; 

  • coordinate specific requirements relating to accommodation, room configuration, catering, transfers, activities or other travel services with the respective Service Provider; 

  • forward booking confirmations, tickets, vouchers and other travel documents to the Client; and 

  • process requests for amendments, rebookings or cancellations from the Client and, where required, forward them to the respective Service Provider or booking provider. 

These activities may be performed both in connection with the intermediation of a travel service and in connection with an individual travel service offered by TPWW in its own name. TPWW’s respective legal capacity shall be determined in accordance with Section 2 of these GTC.

Whether and to what extent special requests or preferences communicated by the Client can be fulfilled depends on the capabilities and confirmation of the respective Service Provider.

4. Intermediation Request and Conclusion of the Intermediated Contract

By submitting a request, the Client instructs TPWW to identify suitable travel services and Service Providers in accordance with the Client’s stated travel requirements and to prepare corresponding booking options.

A non-binding enquiry or preparation of an offer must be distinguished from the binding booking of the respective travel service.

A booking will only be made once the Client has approved the respective travel service or offer for booking or has otherwise provided binding confirmation.
Depending on the nature of the travel service and the booking channel used, the relevant contract is concluded as follows:

a) Intermediated Travel Services

Where TPWW acts as an intermediary, TPWW is authorised to forward the Client’s declarations required for the booking to the respective Service Provider or relevant booking or intermediary platform and to make the booking on behalf of the Client.

The contract for the respective intermediated travel service is concluded directly between the Client and the relevant Service Provider in accordance with the terms and conditions applicable to that service.

b) Travel Services Offered by TPWW in Its Own Name

Where TPWW offers an individual travel service to the Client in its own name, the contract for that travel service is concluded between TPWW and the Client once the Client has bindingly accepted the relevant offer and TPWW has confirmed the booking or notified the Client that the travel service has been successfully booked.

The actual performance of the booked travel service is generally carried out by the respective third-party Service Provider. TPWW is entitled to source the services required for the booking from Service Providers, booking platforms or other distribution partners.

In connection with the respective booking, TPWW will inform the Client in an appropriate manner of the booked travel service and, where relevant to the respective booking, the applicable Service Provider or contractual counterparty.

Prices, availability, service descriptions, cancellation conditions and other information relating to travel services are based, in particular, on the information and conditions provided by the respective Service Providers, booking platforms or other distribution partners.

Prices and availability may change until the respective booking has been bindingly confirmed.

5. Terms and Conditions Applicable to Booked Travel Services

The respective travel service may additionally be subject to the contractual, tariff, transportation, amendment, cancellation and other terms and conditions of the relevant Service Provider, booking provider or other contractual party involved in the booking.

This applies in particular to:

  • scope of services; 

  • prices and payment terms; 

  • availability; 

  • check-in and check-out conditions; 

  • conditions of carriage; 

  • rebookings and amendments; 

  • cancellations and annulments; 

  • refunds; 

  • no-show policies; 

  • baggage regulations; and 

  • any other terms and conditions applicable to the use or provision of the respective travel service. 

In the case of intermediated travel services, the respective terms and conditions of the Service Provider apply to the contractual relationship existing directly between the Client and the Service Provider.

In the case of travel services offered by TPWW to the Client in its own name, the terms and conditions applicable to the respective booking of the performing Service Provider, booking provider or other distribution partner may form part of the booking terms agreed with the Client. This applies in particular to terms relating to amendments, rebookings, cancellations, annulments, no-shows and refunds.

Prior to the binding booking, TPWW will inform the Client of the material terms and conditions applicable to the respective travel service and make such terms and conditions available to the Client insofar as they are made available to TPWW by the respective Service Provider, booking provider or through the booking or distribution platform used.

6. Prices, Remuneration and Payment Processing

The prices and payment terms communicated to the Client in the respective offer or prior to the binding booking shall apply to the booked travel services.

In the case of intermediated travel services, depending on the Service Provider and booking channel, payment shall be made either directly by the Client to the respective Service Provider or through TPWW in its capacity as intermediary.

Where payment is made directly to the Service Provider, the payment terms of the respective Service Provider shall apply.

Where TPWW is authorised to receive payment for an intermediated travel service, TPWW may collect the amount due for the relevant service from the Client and forward it to the Service Provider, booking provider or other distribution partner in accordance with the applicable arrangement. The receipt and onward transfer of payment by TPWW does not, in itself, alter TPWW’s legal capacity as intermediary.

TPWW may receive a commission or other intermediary remuneration agreed with the respective Service Provider, booking provider, distribution partner or booking platform for the intermediation of a travel service.

In the case of travel services offered by TPWW to the Client in its own name, the total price communicated to and confirmed by the Client prior to the binding booking shall apply. TPWW may source the relevant travel service from a Service Provider, booking provider or other distribution partner on its own commercial terms. The price offered to the Client may include a margin or mark-up determined by TPWW.

The purchase or net price agreed between TPWW and a Service Provider, booking provider or other distribution partner, as well as any margin included therein or realised by TPWW, does not form part of the price agreed with the Client and will not be separately disclosed unless such disclosure is required by law.

Payment processing may, irrespective of TPWW’s legal capacity, be carried out directly through TPWW, the respective Service Provider, a booking or distribution platform or a payment service provider. The payment channel used shall not, in itself, determine whether TPWW acts as an intermediary or as the Client’s contractual counterparty.

Where TPWW additionally charges the Client a separate intermediation, advisory or service fee, such fee will be communicated to the Client prior to the binding booking.

Any bank, credit card, payment service provider, currency conversion or transaction fees shall be borne in accordance with the conditions communicated in connection with the respective booking.

7. Booking Confirmations and Travel Documents

Following a successful booking, the Client will receive a booking confirmation and/or the booking and travel documents made available for the respective travel service.

Depending on the nature of the travel service and the booking channel used, the booking confirmation and travel documents may be issued or provided by TPWW, the respective Service Provider, a booking provider or another platform involved in the booking.

The Client is required to review all booking confirmations, tickets, vouchers and other travel documents immediately upon receipt for accuracy and completeness.

In particular, the Client must verify names, travel dates, destination, booked services and any other information material to the provision of the service.

Any discrepancies or errors must be reported to TPWW without delay so that timely clarification or correction can be arranged.

8. Amendments, Rebookings and Cancellations by the Client

Amendments, rebookings, cancellations, annulments and no-shows are subject to the terms and conditions communicated or agreed in connection with the respective booking.

In the case of intermediated travel services, the possibility and consequences of any amendment, rebooking, cancellation or annulment are generally governed by the terms and conditions of the respective Service Provider with whom the Client has concluded the contract for the travel service.

TPWW may receive corresponding requests or declarations from the Client and forward them to the respective Service Provider or submit the required declarations on behalf of the Client.

In the case of travel services offered by TPWW to the Client in its own name, the possibility and consequences of any amendment, rebooking, cancellation or annulment shall be governed by the terms and conditions agreed with the Client for the respective booking. In particular, the terms and conditions applicable to the relevant travel service of the performing Service Provider, booking provider or other distribution partner may be relevant.

Whether an amendment, rebooking, cancellation or annulment is possible and which costs may arise depends, in particular, on the rate booked and the booking conditions applicable to the respective travel service.

Certain rates, special offers, prepaid rates, flight tickets, accommodation, activities or individually reserved services may not be amendable, rebookable or cancellable after booking or may only be amended, rebooked or cancelled subject to additional charges. For certain rates, the entire agreed price may remain payable in the event of a cancellation or no-show.

TPWW is not obliged to bear any costs or charges arising from an amendment, rebooking, cancellation or annulment requested by the Client, unless mandatory statutory provisions or an express agreement provide otherwise.

9. Amendments, Cancellations and Disruptions to Travel Services

Amendments, delays, cancellations, overbookings, failures or other disruptions in the performance of a travel service may arise, in particular, from acts or omissions of the respective Service Provider or from other circumstances connected with the performance of the travel service.

In the case of intermediated travel services, such disruptions generally fall within the responsibility of the respective Service Provider. Any claims of the Client arising from such disruption shall be directed against the respective Service Provider in accordance with the contract concluded with that Service Provider and the applicable statutory provisions.

As part of its intermediary activities, TPWW may assist the Client in communicating with the respective Service Provider and in forwarding requests for amendments, complaints or other concerns. Such assistance does not result in TPWW assuming responsibility for the performance of the intermediated travel service.

In the case of travel services offered by TPWW to the Client in its own name, the Client’s rights and claims in the event of amendments, delays, cancellations, overbookings, failures, deficiencies or other service disruptions shall be governed by the terms agreed for the respective booking and the applicable statutory provisions.

The actual performance of such travel services is generally carried out by independent third-party Service Providers. TPWW is entitled to cooperate with the respective Service Provider, booking provider or other distribution partner in order to clarify or remedy a service disruption and, where possible and reasonable, to arrange or offer an appropriate solution to the Client.

Any mandatory statutory rights and claims of the Client against TPWW or any other responsible Service Provider remain unaffected.

10. Individual Requests and Special Requirements

As part of its activities, TPWW will take into account the individual requests, requirements and preferences communicated by the Client and may communicate them to the respective Service Providers, booking providers or other companies involved in the booking.

These may include, in particular, preferences regarding room category and location, room configuration and amenities, catering, transfers, arrival times, special occasions, activities and other individual requirements.

TPWW will endeavour to coordinate such requests with the respective Service Provider and, where possible, take them into account when making the booking.

Special requests and particular requirements shall only form a binding part of the booked travel service if they have been expressly confirmed.

The actual fulfilment of confirmed special requests and particular requirements is generally carried out by the respective Service Provider. Where TPWW acts solely as an intermediary, TPWW does not warrant the fulfilment of such requests by the Service Provider.

Where TPWW offers the respective travel service to the Client in its own name, the Client’s rights in the event of non-fulfilment of a special request that has been expressly confirmed and has become part of the contract shall be governed by the terms applicable to the respective booking and the applicable statutory provisions.

11. Client’s Obligations to Cooperate

The Client is required to provide TPWW, completely, accurately and in a timely manner, with all information, details and documents necessary for the requested travel service, its intermediation or booking.

This includes, in particular, the names and personal details of travellers, travel dates, destination, special requirements and any other information required for the respective booking.

Where particular information must correspond with travel, identification or other official documents, the Client is responsible for providing TPWW with such information completely and accurately.

The Client must inform TPWW without delay of any changes in circumstances that may be relevant to a requested or already booked travel service.

Any additional costs or other disadvantages resulting from incorrect, incomplete or late information provided by the Client shall be borne by the Client in accordance with the applicable statutory provisions.

12. Passport, Visa, Entry, Health and Other Travel Requirements

The Client is generally responsible for obtaining timely information regarding all passport, visa, entry, transit, customs, health and other official requirements applicable to the Client and accompanying travellers and for obtaining all necessary documents, permits and evidence in due time.

This applies in particular because the applicable requirements may depend on the traveller’s nationality, place of residence, destination, transit countries and personal circumstances.

Where TPWW provides or forwards information concerning such requirements in connection with an enquiry or booking, such information is intended to assist the Client and does not replace binding information provided by the competent authorities or other official bodies.

The Client is responsible for verifying the accuracy, current validity and applicability of such information with the competent authorities or other official bodies prior to departure.

13. Insurance

The Client is responsible for ensuring that adequate insurance coverage appropriate to the Client’s individual circumstances and the respective travel arrangements is in place.

TPWW recommends, in particular, that the Client consider appropriate insurance coverage for cancellation, interruption of travel, illness and accidents abroad, luggage and other travel-related risks.

Where TPWW provides or forwards information to the Client regarding possible insurance coverage or insurance products, the decision whether to obtain insurance and the scope of such insurance coverage remains the responsibility of the Client.

14. Liability of TPWW

TPWW shall be liable for the diligent and contractual performance of the obligations assumed by TPWW in accordance with the applicable statutory provisions.

In the case of intermediated travel services, TPWW shall be liable for the diligent and contractual performance of its intermediary obligations. TPWW shall not, however, be liable for the proper performance of the intermediated travel services by the respective independent Service Providers.

In particular, in the case of intermediated travel services and to the extent permitted by law, TPWW shall not be liable for acts or omissions of Service Providers, changes to services, delays, cancellations, overbookings, failures, quality deficiencies, accidents or other disruptions in connection with the performance of the intermediated travel service, provided that TPWW itself has not breached an obligation incumbent upon it.

In the case of travel services offered by TPWW to the Client in its own name, TPWW shall be liable for the performance of the contractual obligations assumed by TPWW vis-à-vis the Client in accordance with the applicable statutory provisions.

To the extent permitted by law, TPWW shall not be liable for damage resulting from circumstances for which TPWW is not responsible and which TPWW could not have prevented even by exercising the required degree of care. This applies in particular to acts or omissions of the Client or third parties not involved in the performance of the service, as well as extraordinary and unavoidable circumstances outside TPWW’s sphere of influence.

To the extent permitted by law, TPWW’s liability for indirect or consequential damages is excluded.

All limitations and exclusions of liability contained in these GTC shall apply only to the extent permitted by applicable law.

Any mandatory statutory liability shall in all cases remain unaffected. In particular, TPWW’s liability for damage caused intentionally or through gross negligence remains unaffected.

15. Information Provided in Relation to Travel Services and Service Providers

Information concerning hotels, accommodation, flights, vehicles, transfers, activities and other travel services is generally based on information provided to TPWW by the respective Service Providers, booking or intermediary platforms or other distribution partners.

TPWW uses and communicates such information in connection with the consultation, selection, intermediation and booking of the respective travel services.

TPWW is not required to independently verify all information provided by third-party Service Providers, booking platforms or other distribution partners unless there are specific indications that such information may be inaccurate or incomplete.

TPWW shall not be liable for inaccurate, incomplete or subsequently amended information provided by a Service Provider, booking platform or other distribution partner, provided that TPWW neither knew nor, exercising the required degree of care, ought to have known that such information was inaccurate or incomplete.

Where TPWW becomes aware of a material change affecting the booked travel service, TPWW will inform the Client thereof in an appropriate manner.

16. Complaints and Service Issues

The Client is required to report any identifiable deficiency or disruption as soon as reasonably possible after becoming aware of it and, where possible and reasonable, provide an opportunity for the issue to be remedied.

In the case of intermediated travel services, complaints concerning the performance of the travel service must generally be addressed directly to the respective Service Provider.

The Client may inform TPWW of any such complaint. As part of its intermediary activities, TPWW may assist the Client in communicating with the respective Service Provider or forward the complaint to the Service Provider. Such assistance does not create an independent obligation on the part of TPWW to remedy the deficiency or pay damages unless TPWW itself has breached an obligation arising from the intermediary relationship.

In the case of travel services offered by TPWW to the Client in its own name, the Client may submit complaints directly to TPWW. The Client should additionally report any identifiable deficiency or service disruption without delay to the respective performing Service Provider at the destination, where possible and reasonable, in order to allow for immediate remedial action.

TPWW is entitled to clarify complaints with the respective Service Provider, booking provider or other distribution partner and to coordinate any necessary or appropriate remedial measures.

The Client’s rights and claims arising from a complaint shall be governed by the terms applicable to the respective booking and the applicable statutory provisions.

Any mandatory statutory rights of the Client remain unaffected.

17. Confidentiality

TPWW will treat personal information, travel plans, booking details and Client preferences obtained in connection with an enquiry, consultation or booking with an appropriate degree of confidentiality.

Such information may be disclosed in particular where disclosure is necessary for processing an enquiry, consultation, intermediation, booking or performance of the requested travel services or where TPWW is required to disclose such information by law or by a competent authority.

Where necessary for the provision of the requested services, such information may in particular be disclosed to Service Providers, booking or intermediary platforms, other distribution partners or other companies involved in the respective booking.

18. Data Protection

TPWW processes personal data in accordance with applicable data protection law, in particular the Swiss Federal Act on Data Protection.

For the purposes of processing enquiries and providing consultation, intermediation, booking and performance of the requested travel services, personal data relating to the Client and accompanying travellers may be transmitted to hotels, airlines, transportation providers, activity providers, booking and intermediary platforms, other distribution partners, payment service providers and other companies involved in the respective booking or performance of the service.

As TPWW intermediates and books travel services worldwide, personal data may also be transferred to recipients in countries whose data protection legislation does not provide a level of protection comparable to that provided under Swiss data protection law.

Further details regarding the processing of personal data, including the purposes of processing, categories of recipients, cross-border transfers of personal data and the rights of data subjects, are set out in TPWW’s Privacy Policy.

19. Compliance and Refusal of Enquiries and Bookings

TPWW is entitled to refuse to accept or continue processing an enquiry or booking where there are objective grounds for doing so.

This applies in particular where the requested booking could violate statutory or regulatory provisions, sanctions or other legal requirements, where required information or documentation is not provided or is not provided in a timely manner, or where there are reasonable grounds to suspect fraudulent, abusive or otherwise unlawful use.

TPWW is also entitled to refuse an enquiry or booking where the requested travel service is no longer available, where the booking is not confirmed by the respective Service Provider, booking provider or other distribution partner, or where processing the booking is otherwise impossible or unreasonable for objective reasons.

Where required due to the nature of the booking, the selected payment method or applicable statutory or regulatory requirements, TPWW may request appropriate proof of identity, payment verification or other documentation.

Any contracts already bindingly concluded and any mandatory statutory rights of the Client remain unaffected.

20. Force Majeure and Extraordinary Circumstances

TPWW shall not be liable for the non-performance, delayed performance or improper performance of its own obligations to the extent that such non-performance or improper performance results from extraordinary and unavoidable circumstances outside TPWW’s control, the consequences of which could not have been avoided even if all due care had been exercised.

Such circumstances may include, in particular, natural events and disasters, extreme weather conditions, strikes, epidemics or pandemics, governmental measures, border closures, political unrest, war, terrorist events, significant technical failures and comparable extraordinary and unavoidable events.

In the case of intermediated travel services, the Client’s rights and claims arising from any amendment, delay, cancellation, non-performance or other disruption caused by such circumstances shall generally be directed against the respective Service Provider and shall be governed by the contractual terms applicable to the respective travel service and the applicable statutory provisions.

In the case of travel services offered by TPWW to the Client in its own name, the effects of such circumstances on TPWW’s obligations and any rights of the Client to amendments, refunds, price reductions, termination or other remedies shall be governed by the terms applicable to the respective booking and the applicable statutory provisions.

Where possible and reasonable, TPWW will assist the Client in clarifying the effects of such circumstances on an existing booking and, where necessary, cooperate with the respective Service Providers, booking providers or other distribution partners.

Any mandatory statutory rights of the Client, including any mandatory provisions of package travel law or other mandatory protective provisions applicable to a specific booking, remain unaffected.

21. Multiple Travel Services and Package Travel

As part of a Client request, TPWW may select, organise, intermediate and/or book several individual travel and travel-related services for the same trip.

The individual travel services are selected in accordance with the Client’s individual requirements and preferences. Depending on the nature of the respective service and the booking channel used, TPWW may intermediate a travel service as an intermediary or offer it to the Client in its own name. TPWW’s legal capacity in relation to each individual travel service shall be determined in accordance with Section 2 of these GTC.

Where several travel services are booked as legally independent services, the respective contractual relationships shall generally remain independent of each other. The organisational or chronological coordination of several travel services, as well as their joint presentation in a travel overview, itinerary or statement of account, does not, in itself, result in TPWW acting as the organiser of an overall journey.

TPWW generally provides travel services individually selected in accordance with the Client’s requirements and does not intend, through the mere intermediation, booking or organisational coordination of individual travel services, to organise a package.

The legal classification of any specific combination of travel services shall, however, be determined by its actual structure and the applicable mandatory statutory provisions.

The mandatory provisions of the Swiss Federal Act on Package Travel remain expressly reserved. Where, due to its actual structure, a specific combination of travel services fulfils the statutory requirements of a package, the Client’s mandatory statutory rights shall neither be excluded nor restricted by these GTC.

22. Communication

Communication between TPWW and the Client may take place in person, by telephone, by email or through electronic messaging services.

The Client is responsible for providing TPWW with current contact details and for reviewing communications relating to ongoing enquiries and bookings in a timely manner.

Booking approvals, confirmations and other legally relevant declarations may be made through the communication channels customarily used between TPWW and the Client, unless a particular form is required by law or has been expressly agreed for the relevant declaration.

The Client is responsible for informing TPWW without delay of any changes to the Client’s contact details.

23. Applicable Law and Jurisdiction

The contractual relationship between TPWW and the Client and these GTC shall be governed by Swiss law.

The courts having jurisdiction at TPWW’s registered office shall have jurisdiction over disputes arising out of or in connection with the contractual relationship between TPWW and the Client, unless mandatory statutory provisions provide otherwise.

Mandatory places of jurisdiction, in particular those applicable for the protection of consumers, remain unaffected.

Where TPWW acts solely as an intermediary for a travel service, the above choice of law and jurisdiction clause does not apply to the contractual relationship existing directly between the Client and the respective Service Provider. Such contractual relationship may be subject to different provisions regarding applicable law and jurisdiction.

24. Final Provisions

The version of these GTC made available to the Client at the time of the respective enquiry or prior to the binding booking shall apply.

Any amendments to these GTC shall not apply retroactively to bookings or contractual relationships already bindingly concluded, unless expressly agreed otherwise or required by mandatory statutory provisions.

Should any provision of these GTC be or become wholly or partially invalid, ineffective or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected.

The applicable statutory provisions shall apply in place of any invalid, ineffective or unenforceable provision.