General Terms and Conditions
§ 1 Conclusion of the travel contract
(1) By signing up, the customer shall provide the tour operator with binding information on the conclusion of a travel contract.
(2) The application may be made in writing, verbally, by fax or in electronic form (e-mail, internet). The booking customer is liable for obligations from all other travelers listed in the registration with listed travelers from the travel contract, provided he has assumed a corresponding obligation by means of an explicit and separate declaration.
(3) A travel contract comes about with the acceptance by the travel organizer. The acceptance by the tour operator does not require any special form. At or immediately after conclusion of the contract, the tour operator will send the customer a written travel confirmation with the travel insurance certificate.
(4) If the content of the travel confirmation deviates from the content of the application, a new offer shall be submitted by the tour operator to which he is bound for a period of 10 days. The travel contract is then concluded on the basis of this new offer if the customer declares acceptance within this period. The customer can declare the acceptance explicitly or by conclusive explanation, For example by a down payment, a final payment or commencement of the journey.
§ 2 Definitions
(1) Consumers, within the meaning of these terms and conditions, are natural persons who enter into business with the tour operator without their commercial or independent professional activity.
(2) Entrepreneurs, within the meaning of these terms of business, are natural and legal persons or legal partnerships which enter into a business relationship with the agency in the exercise of their commercial or independent professional activities.
(3) Organizer, within the meaning of these terms and conditions, is the tour operator.
§ 3 Payment
(1) Payments of the travel price prior to the end of the trip may only take place against the delivery of the guarantee certificate within the meaning of § 651 k para. 3 BGB (German Civil Code). A deposit for the trip will be due immediately upon receipt of the travel confirmation and the travel guarantee certificate in the amount of 20% of the total travel costs. The deposit is to be paid to the business account of the travel agent and is calculated on the total travel price.
(2) The remaining payment on the travel price shall be due and payable 30 days prior to arrival, insofar as the guarantee is handed over and nothing else has been agreed in the individual case, if it is established that the journey is being carried out. The remaining payment must be received by the travel agent without being asked. The crediting of the payment is due in the account of the tour operator.
(3) In the case of short-term registrations less than two weeks before the beginning of the journey, the total travel price is payable immediately after receipt of the guarantee and payable to the travel organizer.
(4) A non-payment of the down payment and / or the final payment has no effect on the effectiveness of the travel contract. Insofar as the travel organizer is prepared and able to provide the service, there is no entitlement to the travel service without full payment of the travel price. This does not apply to statutory or contractual rights of retention of the customer.
(5) If the travel price is not paid, in spite of the due date and a deadline set by the travel organizer, the travel agent may refuse to carry out the travel and charge the customer with a withdrawal cost pursuant to section 4.
§ 4 Services
(1) The services agreed upon in the contract shall be taken from the travel descriptions of the tour operator and the relevant information in the travel confirmation. The information contained in the invitation to tender is binding on the tour operator.
(2) The travel organizer expressly reserves the right to make a change to the brochure information for which the customer is informed before booking for reasons which are material, significant and unforeseeable before the conclusion of the contract.
(3) If an individual travel history is compiled at the customer’s request, the service obligation shall be exclusively followed by the corresponding specific offer to the customer and the respective confirmation of the booking.
§ 5 Rescission by the customer, cancellation, rebooking, replacement
(1) The customer can withdraw from the travel contract at any time until the start of the journey by declaration to the tour operator. The entry of the cancellation declaration by the tour operator is decisive. The customer is advised to declare the withdrawal in writing.
(2) In case of rescission by the customer, the tour operator is entitled to lump-sum compensation, taking into account the usual saved expenses and possible other use of the travel services.
(3) The following rates shall apply: For long-term cancellations up to 45 days before departure, a cancellation fee of EUR 25.00 per person will be charged.
In the case of short-term cancellations, the following fee rates apply per person:
44th – 31st day before departure: 10% of the travel price
30 – 21 days before the start of the trip: 30% of the travel price
20th – 11th day before departure: 40% of the travel price
from the 10th day before departure: 60% of the travel price
from the day before the beginning of the journey and in case of non-arrival: 80% of the travel price
(4) The customer is allowed to prove to the tour operator that he has actually incurred no or lower costs than the claimed cost lump sum. In this case, the customer is only obliged to pay the actual costs incurred.
(5) The travel organizer reserves the right to charge a higher compensation in individual cases, according to the costs incurred, which are to be specifically stated and attributed to the customer.
(6) There is no legal claim for changes regarding the date of travel, the destination, the accommodation, or the type of boarding (transfer). If, at the request of the customer, bookings are made after the contract has been concluded (rebooking), the travel organizer will charge a transfer fee of EUR 50.00 per change procedure up to 30 days before departure. Requests for changes which are made after the expiry of this period can only be carried out after withdrawal from the travel contract to the above conditions and at the same time new registration. This does not apply in case of changes to the booking, which only entail low costs.
(7) If the customer can not make the trip, there is the possibility to place a substitute person(s) who, in his place, enters the rights and obligations of the travel contract. The customer must inform the travel agent beforehand. The tour organizer reserves the right to refuse the person(s) insofar as the special requirements of the trip are not met, it is not possible for them to be included for organizational reasons or if their participation is contrary to statutory regulations or official regulations. The substitute person(s) and the original customer entering the contract shall be liable to the tour operator for the travel price and as jointly and severally liable partners for all additional costs arising from the occurrence of the substitute.
§ 6 Insurance
The travel agent recommends the conclusion of a travel cancellation insurance as well as an international travel insurance. Travel insurance offers can be obtained directly through the travel agent.
§ 7 Reimbursement
If the customer does not make use of individual travel services as a result of an early return journey or for other compelling reasons, the travel organizer will endeavor to reimburse the saved expenses. This obligation ceases to apply if it is a negligible service or if a reimbursement precludes legal or official regulations.
§ 8 Cancellation and cancellation by the tour operator
In the following cases, the tour operator may withdraw from the travel contract prior to the commencement of the journey or terminate the travel contract after commencing the journey:
1. Without observance of time limit:
If the customer causes a lasting disruption to the journey, irrespective of a warning issued by the tour operator, or if he behaves contrary to the contract to the extent that the immediate termination of the contract is justified. The local representatives of the tour operator are authorized in these cases to exercise the rights of the tour operator. If this is announced, he retains the right to the travel price; but he shall have to offset the value of the savings that he receives from other use of the unused benefit, including the amounts credited to him by the beneficiary.
2. Up to two weeks before travel:
In the event that the minimum number of participants is limited or officially determined, the tour operator may withdraw from the travel contract if a minimum number of participants is indicated in the travel offer for the respective trip. If, after the travel agent has made full use of the tour, the journey will be unacceptable because the booking volume for this journey is so small so that the costs of the trip are not covered, in which event the travel price would be refunded immediately. The notification shall be forwarded to the customer immediately upon the occurrence of the prerequisites and the travel price shall be refunded without delay.
3. Up to 4 weeks before arrival:
If the journey can not be reasonably expected after the travel agent has exhausted all the possibilities because the booking volume for this trip is so small that the tour operator would be able to exceed the economic limit, the tour operator can withdraw. At that time, however, a right of withdrawal exists only if the travel organizer is not responsible for the circumstances surrounding him (e.g. no calculation errors) and he is able to prove the circumstances leading to his rescission and he has submitted a comparable offer to the customer. If the trip is canceled for this reason, the customer is immediately refunded the travel price paid. In addition, the customer will be reimbursed if the customer does not make use of a substitute offer by the travel agent.
§ 9 Cancellation of the contract due to extraordinary circumstances
If the journey is considerably impeded, endangered or impaired as a result of force majeure, which can not be foreseen at the time the contract is concluded, both the tour operator and the customer may terminate the travel contract. If the contract is terminated, the travel organizer can demand reasonable compensation for the services already provided or for the completion of the journey.
The travel organizer is obliged to take the necessary measures, particularly if the contract covers the return transport, to get the customer back. Any additional costs incurred for the return transport shall be borne half by the parties. However, the additional costs will be charged to the customer.
§ 10 Objection and objection of the customer, warranty, exclusion of claims, limitation
(1) In the event that the journey is not provided in accordance with the contract, the customer may request a remedy. The tour operator may refuse the remedy if this requires a disproportionate effort. The tour organizer may also remedy the situation in such a way as to provide equivalent or higher value replacement services. Any defects must always be reported immediately to the local tour guide or to the address / telephone number below.
(2) If a journey is significantly impaired as a result of a defect and the travel organizer does not remedy within a reasonable period, the customer may terminate the travel contract within the scope of the legal provisions, whereby a written declaration is recommended.
(3) The travel organizer shall inform the customer of the obligation to immediately notify a defect which has occurred, as well as the fact that an appropriate time limit for remedial action must be set before termination of the travel contract (§ 651 e BGB) if the remedy is not impossible or refused by the tour operator, or if the immediate termination is justified by a special interest. The customer owes the tour operator the portion of the travel price, which is part of the services claimed, provided that these services were of interest to him.
(4) In the event of a non-contractual provision of the travel (deficiency), the customer can demand compensation without prejudice for the reduction of the travel price (reduction) or the cancellation, unless the defect is due to a circumstance which is not the responsibility of the travel organizer.
(5) Travel insurance claims shall be lodged at the address of the tour operator within one month after the contract has been terminated. After the expiration of this one-month period, the customer can only assert claims if he has been prevented from doing so by fault or if the claims are delict. Claims of the customer pursuant to §§ 651 c – 651 f of the German Civil Code (BGB) against the tour operator lapse after two years. The limitation begins with the day on which the journey ends after the contract. If negotiations between the customer and the tour operator pose negotiations about the claim or the circumstances giving rise to the claim, the limitation period shall be suspended until the customer or tour operator refuses to continue the negotiations.
§ 11 Duty to cooperate
The customer is obligated to contribute to the loss reduction obligation in the context of the statutory provisions in the event of any performance problems that have occurred, to avoid any possible damage or to keep them as low as possible. In particular, the customer is obligated to immediately notify the local tour guide of his complaints. If the customer fails to report a defect, a claim for reduction does not occur.
§ 12 Liability of travel agent and liability limitation
(1) The contractual liability of the tour operator for damages which are not corporate damages is limited to triple travel price per trip and customer,
(a) to the extent that the damage suffered by the customer is neither deliberately nor grossly negligent;
b) insofar as the travel organizer is responsible for damage to a customer solely because of a fault of a service provider.
(2) For all delictual claims for damages against the tour organizer, which are not based on willful intent or gross negligence, the tour operator is liable for material damage up to € 4,100; If the triple trip price exceeds this sum, the liability of the tour operator for damage to property is limited to the triple travel price per trip and customer.
(3) The above limitations on liability to the tour operator are limited or excluded to the extent that international agreements or legal provisions, which are based on the services to be provided by the service provider, require a claim against the service provider only under certain conditions; Restrictions may be asserted or are excluded under certain conditions, the tour organizer may appeal to the customer.
§ 13 Passport, visa and health regulations
(1) The travel organizer informs the customer about the provisions of passport, visa and health regulations as well as their possible changes before travel. This assumes that the customer is a citizen of the Federal Republic of Germany. Other circumstances can not be considered in the person of the customer, unless they were expressly communicated to the customer.
(2) In particular for international travel, an adult customer usually requires a passport, which must be valid for at least 3 months at the time of the trip. Children need a children’s passport with a photograph with the same minimum duration.
(3) The customer is responsible for compliance with all regulations and regulations which are important for the execution of the trip. Any disadvantages arising from the non-observance of these regulations shall be borne by him, with the exception of the fact that the tour operator has not fulfilled his obligations.
(4) The customer is to inform himself about customs and foreign exchange regulations.
§ 14 Price adjustments
(1) The tour operator reserves the right to change the price agreed with the travel contract in the event of an increase in transport costs or duties for certain services such as port or airport tax or a change in the exchange rates applicable to the trip in question. If the transport costs, in particular the fuel costs, increase, the travel price may be increased according to the following calculation:
a) In the case of an increase in the seating position, the travel agent may demand the increase amount from the customer. In other cases, the increased transport costs required are divided by the number of seats of the agreed means of transport. The resulting increase for the single station can be requested by the customer.
b) If duties such as port or airport TAX are increased, the travel price may be increased by the corresponding pro rata amount.
c) In the case of a change in the exchange rates, the travel price can be increased to the extent that the trip has become more expensive.
(2) However, an increase in the travel price is only permissible if the contractual term and the agreed travel date are more than 4 months, and the circumstances leading to the increase have not yet occurred before conclusion of the contract and were not foreseeable upon conclusion of the contract.
(3) In the event of a subsequent change in the travel price or a subsequent change in a substantial travel performance, the travel organizer must immediately notify the customer thereof. A price increase, which is required from the 20th day before the agreed travel date, is ineffective. In the case of price increases of more than 5% or in the event of a significant change in a major travel service, the customer is entitled to withdraw from the travel contract without any costs or to demand participation in at least an equivalent trip if such a journey is made at no extra cost for the customer from his own Travel offers can be offered.
§ 15 Data protection
(1) The customer is aware and agrees that the personal data required for the execution of the contractual relationship is stored by the tour operator on data carriers and, if necessary, passed on to the affiliated companies as part of the order processing. The customer expressly agrees to the collection, processing and use of his personal data.
(2) The stored personal data will of course be kept confidential by the customer. For the purposes of the credit check, the travel agent reserves the right to exchange data with credit bureaus.
(3) The collection, processing and use of the personal data is carried out in compliance with the Federal Data Protection Act (BDSG) and the Teledienstdatenschutzgesetz (TDDSG).
(4) The customer has the right to revoke his consent at any time with effect for the future. In this case, the tour operator is obligated to immediately delete the personal data of the buyer. In the case of current usage conditions, the deletion occurs after termination of the contract.
§ 16 Applicable law, partial ineffectiveness, jurisdiction
(1) German law shall exclusively apply to the travel contract.
(2) An invalidity of individual provisions does not result in the invalidity of the entire travel contract.
(3) The tour organizer can only be sued at his seat. The tour organizer may sue the customer at his domicile.
(As at 01.06.2017)