Agb – rosetravel

Agb - rosetravel

General Terms and Conditions of RTC Rose Travel Consulting GmbH&Co. KG

Dear customer of RTC Rose Travel Consulting GmbH&Co. KG, please pay attention to our detailed travel conditions. All bookings are made exclusively on the basis of the following General Terms and Conditions of RTC Rose Travel Consulting GmbH&Co. KG (hereinafter referred to as RTC), which are therefore the content of the package travel contract between you and RTC (hereinafter referred to as the travel contract) and supplement the statutory provisions of §§ 651 ay BGB and articles 250 and 252 of the EGBGB Completion. In some cases, RTC acts as an intermediary of travel services. In these cases, the customer will be informed in advance and apply the terms and conditions of the respective service provider.

Important information in advance: The right of withdrawal according to §§ 312 ff. BGB does not apply to travel contracts. However, a right of revocation exists if the contract for travel services pursuant to § 651a BGB has been concluded outside of business premises, unless the oral proceedings on which the conclusion of the contract is based have been conducted on prior order of the consumer; in the latter case, there is no right of withdrawal. Thus, the statutory cancellation rules apply. Section 5 of these conditions.

For all bookings, the travel participant or the customer (hereinafter referred to as customer) expressly agrees to these General Terms and Conditions.

You can also download our terms and conditions as a PDF.

1. Registration and travel confirmation

  1. With a written or telephone travel booking the customer offers the conclusion of the travel contract RTC binding.
  2. The customer also registers for all participants listed in the registration, for whose contractual obligation the customer is responsible as well as for his own obligations, insofar as he has accepted a corresponding separate obligation through an explicit and separate declaration.
  3. The travel contract is concluded with the written travel confirmation from RTC.
    If the content of the travel confirmation by RTC deviates from the offer of the customer, then there is a new offer. RTC is bound to this offer for a period of 10 days. A new travel contract is concluded when the customer declares acceptance of the offer within the 10 days; otherwise there is no travel contract (see also section 2.2).

2. Payment, travel documents

  1. Upon conclusion of the travel contract pursuant to para. 1 and fulfillment of the duty of protection acc. Para. 2.2 by the tour operator is a deposit of i.d.R. 20% of the travel price due. For separately marked trips, the deposit amount may be higher.
    The remaining payment must be made 21 days before the start of the journey, provided that the security certificate has been handed over and the tour operator’s right of withdrawal can no longer be exercised for the reason stated in Section 8. The down payment and the payment of the remaining purchase price must be made in cash, by bank transfer to the account of RTC or with the usual credit cards.
    The traveler has to inform at the travel registration whether he wants to pay the travel price with a credit card. Otherwise, payment by credit card is not possible.
    When paying by credit card, the respective credit card must be presented to the travel agency when booking at the travel agency or directly to RTC, if booked there. The travel agency or RTC additionally requires the address of the traveler and the agreement to debit the credit card. Upon payment, a transaction fee of 1% of the travel price will be charged, provided it is a company credit card or a consumer credit card issued outside the EEA. There is no charge for payments made with consumer credit cards issued in the EEA.
  2. RTC shall only be entitled to demand or accept payment from the customer for the travel price prior to termination of the package if there is an effective customer money security contract and the customer has provided the customer with the name and contact details of the customer money saver in a clear, understandable and highlighted manner.
  3. Cancellation fees, processing and rebooking fees are due immediately.
  4. Changes to the agreed payment method (bank transfer or credit card payment) can only be made up to 28 days before departure.
  5. If due payments are not or not fully paid and the customer does not pay even after a reminder with a grace period, RTC may withdraw from the travel or insurance contract, unless already at this time a considerable lack of travel exists. In the event of withdrawal from the travel contract in the sense of the previous sentence, RTC may demand compensation for cancellation in accordance with Section 5.5. If the customer does not make payments despite the due date, RTC reserves the right to charge a reminder fee of € 10 for the second reminder. The proof of non-incurred or significantly lower costs remains the customer’s responsibility.
  6. 14 days before departure, the customer will receive the travel documents through RTC. The customer is obliged to immediately check the received travel documents for their correctness (name, travel dates, travel destination, etc.) and to report any errors to RTC immediately.
    Insofar as RTC announces flight times to the customer before sending the flight tickets, this is subject to the change by the airline. Customers who do not use RTC’s tour guide at the destination are therefore obliged to inform the local tour guide or the airline about the exact time of the return flight and to confirm the return flight before returning home.

3. Services provided by RTC / external services

  1. The scope of the contractual services results from the terms of reference in offers of RTC, flyers or the information on our websites www.rosetravel.de, www.sultanatoman.de or www.emiratespalace.de (whereby websites of service providers such as hotels not for RTC are binding) as well as from the information of the travel confirmation.
  2. Operating carrier / Community list
    Since 16.07.2006 RTC is obligated according to the regulation (EC) 2111/2005 of 14.12.2005 to inform the customer at the time of booking about the identity of the operating air carrier (s). If an operating air carrier is not yet known at the time of booking, you must first be informed of the identity of the likely operating air carrier. Once the identity is finally determined, the customer will be informed accordingly. In the case of a change of the operating air carrier after booking, the customer shall be informed of the change as soon as possible. The list of air carriers subject to an operating ban in the EU ("Community list"), you can see at the Federal Aviation Office.
  3. Changes and deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which were not caused by RTC in good faith, are only permitted if they are not significant and do not affect the overall layout of the booked travel. Flight times are provided as indicated on the ticket. U. a. Due to the temporary overloading of international airspace, delays or delays in flights as well as changes to the route can not be ruled out in individual cases. Any warranty claims remain unaffected, in particular insofar as the changed services are subject to defects.
  4. RTC is obliged to notify Customer of any change in performance immediately after having known the reason for the change on a durable medium (for example by e-mail, SMS or voice message) in a clear, understandable and highlighted manner.
  5. In the event of a material change in an essential feature of a travel service or deviation from specific customer requirements that have become part of the package travel contract, the customer is entitled, within a reasonable time set by the tour operator, to notify the change
    • either accept the change
    • to withdraw from the package travel contract free of charge
    • or requesting a replacement trip if RTC has offered such travel.
    The customer has the option to respond to the message from RTC or not. If the customer responds to RTC, he may either agree to the contract amendment, request participation in a replacement trip, if offered to him, or withdraw from the contract free of charge.
    If the customer does not respond to RTC or does not respond within the set deadline, the notified change will be considered accepted. The customer shall be informed in a clear, understandable and emphasized manner in the declaration in accordance with point 3.4.
  6. Any warranty claims remain unaffected, as far as the changed services are flawed. If RTC had lower costs for carrying out the modified trip or alternative trip of equivalent quality, the customer must be reimbursed for the difference according to § 651m para. 2 BGB.

In the case of cruises, decisions are made about necessary changes to the journey time and / or routes, for example for safety or weather reasons, only the captain.

Please note that in principle travel agencies are not authorized by RTC to make agreements deviating from service descriptions or to accept special requests bindingly.

4. Price increases

  1. RTC reserves the right to change the price agreed in the travel contract in the event of an increase in transport costs or charges for certain services such as tourist tax, port and airport charges, as well as a change in the exchange rates applicable to the travel in question even after the conclusion of the travel contract.

If the transport costs incurred at the time the travel contract is concluded, in particular the fuel costs, RTC may increase the travel price in accordance with the following calculation:
a) In the event of a seat-based increase, RTC may require the customer to increase the amount.
b) In other cases, the additional transport costs required by the transport company per means of transport shall be divided by the number of seats of the agreed means of transport. RTC may request the customer to pay for the incremental amount for the single seat.

  • If any charges at the time of the conclusion of the travel contract, such as port or airport charges, are increased to RTC, RTC may increase the travel price by the appropriate proportionate amount.
  • If the exchange rate changes after the conclusion of the travel contract, the travel price may be increased to the extent that it has increased for RTC.
  • An increase according to the above numbers 4.1 – 4.3 is only permissible if there are more than 20 days between the conclusion of the contract and the start of the journey and the circumstances leading to the increase did not occur before the conclusion of the contract or were foreseeable for RTC.
  • 4.5 In the event of a subsequent travel price increase, RTC will inform the customer immediately, but no later than 21 days before departure, on a durable medium. Price increases from the 20th day before departure are not allowed. For price increases of more than 8% of the total travel price, this is an offer from RTC to the customer for a corresponding contract change. RTC may in this case require the customer to require the customer within a reasonable period of time, without fees from the travel contract, to participate in an at least equivalent journey, provided that RTC is able to make such a journey out of its own account at no extra cost to the customer Offer or accept the offer to change the contract. After the deadline, the offer to amend the contract is considered accepted. The reciprocal rights and obligations referred to in this paragraph also apply in the event of a permissible change in a significant travel service.
  • The customer must assert these rights immediately after the statement by RTC regarding the price increase or change of the travel service RTC.
  • The customer may demand from RTC under consideration of the regulation in 4.5 sentence 1 a reduction of the travel price, if and in so far as the in. 4.1 costs, taxes and duties or exchange rates have changed after conclusion of the contract and prior to departure and this leads to lower costs for the organizer.
  • 5. Resignation and rebooking by the customer before departure, replacement person

    1. The customer can withdraw from the trip at any time prior to departure. RTC recommends that you declare your withdrawal on a durable medium.
    2. If the customer withdraws from the contract, RTC shall be entitled to a lump sum compensation for the travel arrangements and expenses provided that the resignation is not his fault or if exceptional circumstances occur at the place of destination or in the immediate vicinity Implementation of the package or the transport of persons to the place of destination; Circumstances are unavoidable and extraordinary if they are not under the control of the tour operator and their consequences could not have been avoided even if all reasonable precautions had been taken. The calculation is made according to para. 5.4 and in para. 5.5 flat rate rates. These rates usually take into account expenses saved and possible other uses of travel services.
    3. Compensation shall also be payable if the customer does not arrive at the departure airport or place of departure in due time for the times stated in the travel documents, or if the journey is canceled due to the absence of travel documents, such as those for which RTC is not responsible. Passport or necessary visa is not started.
    4. The customer is free to prove that the costs are lower or not incurred in connection with the cancellation or non-commencement of the journey. The flat-rate compensation is calculated according to the travel price. For several services, the sum of the individual services is the travel price.
    5. The following flat-rate compensation in% of the travel price applies in the event of a cancellation per person:
      • until the 31st day before departure 25% of the tour price,
      • until the 22nd day before departure 35% of the tour price,
      • 55% of the tour price until the 15th day before departure,
      • 70% of the tour price until the 8th day before departure,
      • until one day before departure 90% of the travel price
      • 95% of the travel price must be paid on the day of travel or if the journey is not started.
      • RTC therefore urgently recommends the conclusion of a travel cancellation insurance.

      The flat-rate compensation is subject to any other, individual contractual agreements, the special or different cancellation conditions are called.

    6. If the customer does not use individual travel services as a result of premature return travel or for other compelling reasons, the full travel price must always be paid. However, RTC will seek the reimbursement of its saved expenses from the service providers. This obligation does not apply if the services are completely insignificant or if a refund conflicts with legal or regulatory requirements.
    7. RTC reserves the right to demand a higher, individually calculated compensation instead of the above compensation flat rate, as far as RTC proves that it has incurred significantly higher expenses than the respectively applicable compensation flat rate. In this case, RTC is obligated to quantify and justify the required compensation, taking into account the saved expenses and less what RTC acquires by using the travel services elsewhere.
    8. The customer can order a substitute up to 10 days before the start of the journey. The resulting additional costs to be demonstrated by RTC to service providers (such as airlines) are payable by the customer to RTC. RTC reserves the right to object to the substitute’s appointment if there are good causes (special requirements for the trip, statutory ban, official order). If a replacement person enters into the travel contract, the customer and the replacement participant are jointly and severally liable for the travel price and the additional costs caused by the entry of the replacement person. The original customer must be provided with proof of the amount of additional costs incurred as a result of the substitute’s entry. Additional costs may only be demanded to an appropriate extent and RTC must actually have arisen.
    9. If changes are made to the date of travel, destination, place of departure, type of transport or accommodation at the request of the customer prior to departure, RTC will generally incur the same costs as a customer’s withdrawal. RTC is therefore entitled to provide the customer with the 5.5 calculated compensation. For other minor changes RTC will charge a processing fee of € 50, -. This does not apply if the rebooking is necessary because the tour operator has given no, insufficient or false pre-contractual information according to Art. 250 § 3 EGBGB to the traveler; In this case, the transfer is possible for free.
    10. 6. Resignation and termination by RTC

      1. RTC may terminate the travel contract without notice, if the execution of the journey is disturbed by the customer despite a corresponding warning by RTC. The same applies if a customer behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If the behavior contrary to the contract is due to a violation of RTC’s obligation to provide information, this does not apply. However, RTC retains the right to the travel price. Possibly. However, RTC must be credited with the value of saved expenditures as well as those benefits which are obtained from any other use of services not used, including any reimbursements by service providers.
      2. RTC can withdraw from the travel contract up to 4 weeks prior to departure if an advertised or officially stipulated minimum number of participants is not reached, if the minimum number of participants in the travel advertisement is indicated and this number and the aforementioned time up to which you have received the declaration of withdrawal before the contractually agreed start of travel the travel confirmation.

      A cancellation is to be explained to the customer at the latest on the day, which was indicated to the customer in the pre-contractual information and the travel confirmation. Should it be apparent at an earlier date that the minimum number of participants can not be reached, RTC must immediately exercise its right of withdrawal.

    11. If the trip is not carried out for this reason, RTC must immediately, but in any case within 14 days after receipt of the resignation, refund the customer’s payments on the travel price.
    12. 7. Resignation due to unavoidable, exceptional circumstances

      In this regard, reference is made to § 651h para. 4 no. 2 BGB.

      8. Customer’s obligation to cooperate & warranty

      1. Travel documents
        The customer must notify RTC or its travel agent about which he has booked the package if he does not receive the necessary travel documents (eg flight ticket, hotel voucher) within the deadline communicated by RTC.
      2. Notification of defect / request for remedy
        If the trip is not provided free of travel deficiencies, so the traveler can ask for remedy.
        As far as RTC could not remedy the result of a culpable omission of the notice of defects, the customer can neither claim for reduction claims according to § 651m BGB nor claims for damages according to § 651n BGB.
        The customer is obliged to notify his defect notification to the representative of RTC immediately. If a representative of RTC is not present on site and is not contractually owed, any travel errors should be reported immediately to RTC at RTC’s notified contact point; The availability of the representative of RTC or its contact point on the spot will be indicated in the confirmation of travel. However, the customer can also bring the defect notification to RTC directly below the known address.
        As a precaution:
        phone +49 – (0) 8022 – 66250
        fax +49 – (0) 8022 – 662525
        E-mail [email protected]

        The representative of RTC is mandated to provide remedies where possible. However, he is not authorized to recognize claims.

      3. Deadline before termination
        If a customer wants to terminate the package travel contract because of a travel shortage of the type specified in § 651i Abs. 2 BGB, if it is substantial, according to § 651l BGB, he has to set a reasonable deadline for remedial action. This only applies if RTC’s remedies are denied or if immediate remedial action is required.
      4. Baggage damage and delayed luggage on air travel; special rules and deadlines for remedy
        The customer is informed that the luggage loss, damage and delay in connection with air travel in accordance with the aviation regulations of the traveler immediately on the spot by means of damage notification ("P.I.R.") are to be reported to the responsible airline. Airlines and tour operators may refuse reimbursements under international conventions if the claim has not been completed. The damage report is to be refunded within 7 days in the event of damage to the baggage, if delayed within 21 days after delivery.

      In addition, the loss, damage or misdirection of baggage must be reported to RTC, its agent or contact point or the travel agent immediately. This does not release the customer from reimbursing the claim to the airline pursuant to letter a) within the time limits specified above.

      9. Liability on the part of RTC

      1. In the event of a defect, the customer may demand compensation for damages without prejudice to the reduction of the travel price (reduction) or the cancellation, unless the defect of the journey is due to a circumstance for which RTC is not responsible. He may also claim damages for useless vacation time if the trip has been thwarted or significantly impaired.
      2. Contractual claims for damages
        Insofar as damage to the customer is caused neither intentionally nor grossly negligently by RTC or insofar as RTC is responsible for the damage caused to the traveler solely because of a fault of a service provider, the contractual liability for damage which is not personal injury is limited to three times the travel price.
      3. Delictive claims for damages
        The in no. 9.2 regulated limitation of liability to the triple travel price shall also apply to claims for damages for property damage from tort, which are not based on intent or gross negligence.
      4. RTC shall not be liable for any performance disturbances, personal injury or property damage in connection with services that are merely provided as external services (eg excursions, sporting events, theater visits, exhibitions, transport services to and from the advertised starting and finishing location), if these services are included in the travel advertisement and the Booking confirmation expressly and under specification of the brokered contractor as third party services are marked so that they are recognizable for the customer not part of the travel services of RTC. For information from hotel brochures, which the customer has procured from third parties, RTC assumes no liability.

      at "Rail & Fly" it is not a service to be provided by RTC but a mediated service that is provided free of charge or for a fee by the airlines in cooperation with Deutsche Bahn. The service is to be understood as an offer to the traveler to use the tickets to be issued by Deutsche Bahn and to make use of the possibility to travel to the airport by train. For public transport, delays and cancellations can never be completely ruled out and can not be influenced by RTC. The traveler is responsible for the timely arrival at the airport.

    13. A claim for damages against RTC shall be limited or excluded insofar as due to international conventions or due to legal regulations (based on them) which are to be applied to the services to be provided by a service provider, a claim for damages against the service provider only under certain conditions or Restrictions can be invoked or excluded under certain conditions.
    14. If RTC assumes the position of a contractual carrier, liability will be governed by the provisions of the Aviation Law in conjunction with the international agreements of Warsaw, The Hague, Guadalajara and the Montreal Convention (flights from the US and Canada only). These agreements generally limit Carrier liability for death or personal injury as well as loss and damage to baggage. If RTC is a service provider in other cases, it shall be liable in accordance with the applicable provisions.
    15. 10. Statute of limitations

      1. Claims of the traveler in accordance with §§ 651i (3) No. 2-7 BGB for life, body or health, based on a negligent or intentional breach of duty by RTC or one of a legal representative or vicarious agent of RTC, become time-barred in two years. This also applies to claims for the compensation of other damages that are based on an intentional or grossly negligent breach of duty by RTC or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of RTC.
      2. The period of limitation according to clause 10.1 begins with the day on which the trip should end according to the contractual agreement.

      11. Passport / Visa / Health Regulations

      1. RTC will inform the customer about general passport and visa requirements as well as health formalities of the country of destination including the approximate deadlines for obtaining any necessary visas prior to the conclusion of the contract and any changes that may occur prior to departure. If there are special features at the customer, e.g. Dual nationality, it is up to the customer to inform himself in time. This also applies to the availability of medicines at the destination and import regulations for medicines that you may need.
      2. RTC is responsible for procuring and carrying the necessary official travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation fees are charged to the customer / traveler. This does not apply if RTC has not informed, inadequately or misinformed.
      3. The tour operator is not liable for the timely issuance and access of necessary visas by the respective diplomatic representation if the customer has entrusted him with the procurement, unless the tour operator has violated his own obligations.

      12. Invalidity of individual provisions

      The ineffectiveness of individual provisions of the travel contract or these general travel conditions does not result in the invalidity of the entire travel contract or the entire travel conditions.

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