At this point, we would like to inform you about our business and travel conditions, which supplement the statutory provisions of §§ 651a ff. BGB and are part of the package travel contract between you and us (hereinafter referred to as the travel contract). A fair contractual relationship and extensive information to our travel customers are important to us.
1. Conclusion of the travel contract
1.1 With the travel registration offers the traveler (hereafter: travel customer) Anna Hollensteiner & Corinna Windisch GbR, Fjordkind Travel (hereinafter referred to as Fjordkind Travel) makes the conclusion of a travel contract binding. The registration can be made in writing, electronically, verbally or by telephone. The contract is concluded with the acceptance by Fjordkind Travel. Acceptance requires no specific form. Upon or immediately after conclusion of the contract, the tour operator will provide the customer with a travel confirmation in writing or in text form.
1.2 If the content of the declaration of acceptance (travel confirmation) deviates from the content of the registration, there is a new offer of Fjordkind travel to which Fjordkind travel is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the customer declares the acceptance within the period of commitment or if the journey commences without contradiction.
1.3 The customer must be responsible for all contractual obligations of fellow travelers for whom he makes the travel registration, as well as for his own, provided he has undertaken this obligation by an explicit and separate declaration.
2. Payment
2.1 Tour operators and travel agents may only claim or accept payments on the travel price prior to the end of the journey if Fjordkind-Reisen holds a customer deposit insurance contract, Fjordkind-Reisen informs the travel customer pursuant to § 651t BGB and the customer has previously received the i.S.v. Section 651r (4) BGB. Upon conclusion of the contract, a down payment of 20% of the travel price will be due for payment upon delivery of the security certificate. The final payment is due 31 days prior to departure, provided that the security certificate has been handed over and the trip can no longer be canceled for the reason stated in section 8.
2.2 If the customer fails to pay the down payment and / or the remaining payment in accordance with the agreed terms of payment, the tour operator shall be entitled to withdraw from the travel contract following a reminder with a deadline and to charge the customer with cancellation fees in accordance with section 5.2 sentence 2 to 5.5.
3. Performance changes
3.1 Changes to individual travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and which were not brought about by Fjordkind Travel in bad faith, are only permitted if the changes are not significant and do not affect the overall layout of the booked travel. Specified transfer and flight times are, unless unreasonably intervened in an agreed night’s sleep, subject to a change. In the case of air travel, the airlines named by name are subject to change, unless a specific airline has been expressly contracted. When traveling to the far north, the Arctic climate can cause delays, cancellations and deviations from the program. Liability of Fjordkind Travel is excluded for such weather-related changes.
3.2. A statement about changes of travel services can only be made before the start of the journey. Fjordkind-Reisen is obligated to immediately inform the customer about changes to the knowledge of the reason for the change on a durable medium. In case of a substantial contract change, Fjordkind-Reisen also informs about the effects of the change on the travel price according to § 651g III p. 2 BGB. Significant changes can not be made without the consent of the travel customer; reference is made to the provisions of §§ 651f and g BGB.
4th price increase
4.1 In accordance with the provisions of §§ 651f and g BGB, Fjordkind-Reisen reserves the right to charge the agreed travel price in case of increased transport costs (fuel and other energy sources), increase of taxes and other charges for agreed travel services, such as tourist tax, port and port tax Change airport charges, or a change in the exchange rates applicable to the trip concerned, as follows:
a If the transport costs, in particular the fuel costs (or other energy sources), increase after conclusion of the contract, Fjordkind-Reisen may increase the travel price as follows:
aa A seat-related increase can be passed on to the travel customer proportionally and calculated.
bb In other cases, additional (increased) transport costs required of the transport company per means of transport are divided by the number of seats or beds of the means of transport. Fjordkind-Reisen can request the amount of the increase for the single seat from the travel customer.
b If the fees charged at the time the package tour contract is concluded, such as port or airport charges and tourist taxes, are increased in proportion to the Fjordkind travel, this increase can be passed on to the travel customer accordingly.
c In the event of a change in exchange rates after conclusion of the package travel contract, the travel price may be increased to the extent that the travel becomes more expensive for Fjordkind travel.
d If there is a subsequent change in the travel price, Fjordkind-Reisen must immediately inform the travel customer on a durable medium. The customer may be informed no later than 20 days before the start of the journey.
4.2 In the event of a significant change in a significant travel service or price increase from the o.v. For reasons of more than 8%, the customer is entitled to withdraw from the contract free of charge or the customer may request the participation in a replacement trip, if Fjordkind-Reisen offers such a service.
4.3 The customer is entitled to a price reduction if the corresponding costs (Section 4.1) are reduced or changed and this leads to lower costs for Fjordkind travel.
4.4 Substantial changes to the contract and a price increase of more than 8% are only permitted with the consent of the travel customer. Fjordkind-Reisen informs the travel customer about changes to the contract, including the reasons, immediately after becoming aware of the reason for the change on a durable medium. Fjordkind Travel may require the Travel Customer to accept the offer of a substantial contract change or price increase by more than 8%, or to withdraw from the Contract, within a reasonable period of time determined by Fjordkind Travel. After expiry of the period set by Fjordkind Travel, the offer to make a substantial change or increase in the price of more than 8% shall be deemed accepted. Fjordkind Travel can offer the travel customer with the offer of a substantial contract change or price increase by more than 8% optionally also the participation in a replacement travel.
5. Cancellation by the customer before the start of the journey / cancellation costs, replacement travelers and important insurance
5.1 The customer may withdraw from the trip at any time prior to departure. Decisive is the access of the declaration of resignation at Fjordkind-Reisen. Travel customers are advised to declare their withdrawal in writing.
5.2 If the customer withdraws from the package travel contract (cancellation) or does not commence the journey, Fjordkind-Reisen loses the claim to the travel price, but can demand flat-rate compensation in accordance with § 651h II BGB.
Fjordkind-Reisen has staggered this compensation claim in terms of time, d. H. taking into account the closeness of the date of withdrawal at the contractually agreed start of travel as a percentage of the travel price and taking into account the expenses usually saved in the calculation of the compensation and usually possible other uses of the travel services. Compensation will be calculated according to the time of receipt of the notice of withdrawal during business hours (Mon. to Fri. 09.00 to 16.00) as follows. The compensation claim is calculated taking into account the following compensation flat rates.
– until 30th day before departure 20%;
– until the 21st day before departure 30%;
– until the 14th day before departure 50%;
– 60% up to 7 days before departure
– up to 1 day before departure 80%;
– 90% of the total price on the day of travel or if you do not travel.
5.3 The customer remains at liberty to prove to Fjordkind Travel that no or significantly less damage has been incurred to Fjordkind Travel than the lump-sum cancellation costs. If the damage caused by Fjordkind trips is less or if the lump sums are inapplicable, Fjordkind-Reisen will calculate its damage in a concrete manner by compensating the compensation according to the travel price less the value of the expenses saved by Fjordkind travel and minus what Fjordkind travel through otherwise uses the travel services, calculated.
In the event of withdrawal, Fjordkind Travel is obliged to immediately reimburse the travel price less the claim for compensation.
5.4 If the resignation of the customer occurs because of unavoidable, extraordinary circumstances at the place of destination or in the immediate vicinity which significantly affect the performance of the package holiday or the transport of persons to the destination, Fjordkind Travel can not demand compensation and pays the travel price immediately back to the customer. Reference is made to § 651h III BGB.
5.5 Until the start of the journey, the customer may demand that instead of a third party enter into the rights and obligations of the package travel contract, reference is made to the provisions of § 651e BGB. Fjordkind-Reisen may object to the entry of a third party if it does not meet the special travel requirements or if its participation is precluded by statutory regulations or official orders.
In the case of the contract transfer, the original customer and the substitute participant are jointly and severally liable for the travel price and the additional costs arising from the third party’s entry. Fjordkind Travel must provide the travel customer with proof of the additional costs incurred by the replacement traveler.
5.6 It is recommended to take out travel cancellation insurance (such as Allianz Travel Insurance) and insurance to cover the costs of assistance including accident, illness or death return transport.
6. Resignation due to non-achievement of the minimum number of participants
6.1 Fjordkind-Reisen can only withdraw from the contract due to failure to reach a tendered minimum number of participants if a the minimum number of participants is stated in the pre-contractual information and the travel offer and the time until which the travel customer must have received the declaration before the contractually agreed start of travel and b is clearly indicated in the travel confirmation on these details. A resignation must be declared at the latest on the day that was mentioned to the travel customer in the pre-contractual information and the travel confirmation.
Reference is made to the regulations regarding the withdrawal periods pursuant to § 651 h IV BGB.
If Fjordkind-Reisen withdraws from the journey, the customer will receive back payments made on the travel price without delay.
6.2 Legal withdrawal possibility due to unavoidable, extraordinary circumstances according to § 651h IV No. 2 BGB is due.
7. Warranty
7.1 Travel services are not provided in accordance with the contract, so the customer can demand redress. The defect must be reported immediately to the local tour guide, Fjordkind Travel or the travel agent.
7.2 For the duration of a non-contractual provision of the trip, the customer may demand a corresponding reduction of the travel price. The reduction does not occur if the customer negligently fails to report the lack of travel and Fjordkind travel can not remedy this.
7.3 If the journey is significantly impaired due to a defect, the customer may terminate the package travel contract in accordance with § 651l BGB. A cancellation of the package travel contract by the travel customer is only permitted if Fjordkind travel does not remedy the situation after the travel customer has set a reasonable deadline for this. A deadline is not required if the remedy is impossible, is denied by Fjordkind trips or if the immediate termination is justified by a special interest of the travel customer.
8. Liability
8.1 The contractual liability of Fjordkind Travel for damage that is not personal injury is limited to three times the travel price, as far as damage to Fjordkind Travel is not culpably caused.
8.2 Excursions offered by the local tour guide in their own organization or by other persons in their own organization at the resort and booked locally (including theater visits, sports events, etc.), transport services, sporting activities and rental cars (including motorcycles) are not included in the package travel contract between the travel customer and fjord child travel; Fjordkind-Reisen assumes no liability for such services.
8.3 A claim for damages against Fjordkind Travel is limited or excluded insofar as due to international agreements or statutory provisions applicable to the services to be provided by a service provider, a claim for damages against the service provider only arises under certain conditions or restrictions or can be invoked or excluded under certain conditions. Reference is made to the statutory provisions of § 651p II BGB.
9. Duty of co-operation of the travel customer
The customer is obliged to assist in the event of performance disruptions within the scope of the statutory provisions, to avoid or minimize any damage. The customer is obliged in particular to inform the local tour guide, Fjordkind Travel or the travel agent without delay. If the customer fails culpably to indicate a defect, a claim for reduction (§ 651m BGB) and compensation for damages (§ 651n BGB) does not occur, as far as Fjordkind-Reisen could not remedy the lack of notice of defects. This only applies if the ad is visibly hopeless or unreasonable for other reasons. Damages or delays of checked baggage during a flight should be reported to the airport without delay at the airport by means of a written notice of damage to the responsible airline.
10. Assistance obligation for Fjordkind trips
If the customer is in difficulty, Fjordkind Travel must provide him with adequate assistance without undue delay. Reference is made to § 651q BGB. Travel customers are advised to contact the tour guide or Fjordkind Travel immediately under the contact details listed in section 18 in a given situation.
11. Registration of claims, statute of limitations and assignment ban
11.1 Claims for non-contractual provision of the travel shall be asserted by the customer to Fjordkind Travel at the address mentioned under point 19. The claim against Fjordkind trips can also be made through the travel agent. It is recommended that the claim form be made in writing. Special deadlines apply for the registration of baggage damage and delays in baggage in the context of a flight. Luggage damage must be reported within 7 days, damage due to delay within 21 days after delivery of the baggage.
11.2 Claims of the travel customer due to travel defaults according to § 651i III BGB expire in two years. The period of limitation begins on the day on which the package holiday ends according to the contract.
11.3 Prohibition of assignment – The assignment of claims of the travel customer against Fjordkind trips to third parties is excluded. This prohibition does not apply to a family trip among accompanying family members.
12. Passport, visa and health regulations
12.1 Fjordkind Travel reserves the right to inform travel customers in advance of the provisions of passport and visa requirements (including the approximate time limit for obtaining visas) as well as any changes that may occur prior to departure. Special health regulations (health formalities) of the travel destination are pre-contracted by Fjordkind-Reisen. The customer should also inform himself in good time about infection and vaccination measures for the agreed destination.
It is on the possibility of obtaining information from the health authorities, doctors (travel medicine) and tropical institutions u.a. pointed.
12.2 The customer is responsible for compliance with all passport, visa and health regulations that are important for the travel. All disadvantages, in particular the payment of cancellation fees, resulting from non-compliance with these regulations shall be borne by him, except where they are caused by a culpable misinformation or lack of information from Fjordkind Reisen.
13. Information about airlines
EU Regulation No 2111/2005, which informs passengers of the identity of the operating airline, obliges Fjordkind Reisen to inform the customer of the identity of the operating airline of all air traffic services to be provided during the booked journey at the time of booking. If the airline is still not determined at the time of booking, Fjordkind Travel is obliged to name the airline or airlines that are likely to operate the flight (s). As soon as Fjordkind-Reisen has knowledge of which airline operates the flight, the customer must be informed. If the named airline changes, Fjordkind-Reisen must inform the travel customer about the change. Fjordkind Travel must immediately take all reasonable steps to ensure that the Travel Customer is notified immediately of the change.
A list (Community list) of unsafe airlines with no flights in the EU is e.g. on the following website: https://ec.europa.eu/transport/modes/air/safety/ air-ban_en
14. Choice of law and jurisdiction
14.1 The contract and the legal relationship between the travel customer and Fjordkind travel are governed exclusively by German law. Insofar as German law is not applied to complaints by the travel customer against Fjordkind travel abroad, German law shall exclusively apply with regard to the consequences, for example with regard to the nature, extent and amount of claims of the travel customer.
14.2 The jurisdiction of Fjordkind Travel is the registered office in Potsdam.
14.3 For Fjordkind trips against the travel customer, the place of residence of the travel customer is decisive, unless the action is directed against registered traders or persons who do not have a general place of jurisdiction in Germany or against persons residing after the conclusion of the contract or habitual residence abroad or whose domicile or habitual residence is unknown at the time of filing of the action. In these cases, the seat of Fjordkind Travel is authoritative.
14.4 The provisions of Numbers 14.1 to 14.3 shall not apply if and insofar as otherwise stipulated in international treaties which apply to the package travel contract between the customer and Fjordkind Reisen results in the benefit of the travel customer or if so, and so on The non-cancelable provisions applicable to the package travel contract in the EU Member State to which the customer belongs are more favorable to the travel customer than the provisions of these Terms and Conditions or the applicable German regulations.
15. Arbitration
Fjordkind-Reisen does not participate in a dispute settlement procedure before a consumer arbitration board. Insofar as participation in a consumer dispute settlement becomes obligatory after the printing of these Terms and Conditions, Fjordkind-Reisen will inform the customer. For information purposes, the following online dispute resolution platform is indicated for package travel contracts concluded in electronic commerce: https://ec.europa.eu/consumers/odr/main/ index.cfm? Event = main.home2.show&lng = EN
16. Other provisions
16.1 The invalidity of individual provisions of these conditions does not result in the ineffectiveness of the entire conditions. Reference is made to § 306 BGB.
16.2 The status of these conditions is October 2019.
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