Terms and Conditions (GTC)
1. Preliminary remark
Organizer Who offers – at least – two in advance determined individual travel services as a whole (§ 651a BGB), for example, hotel and flight in a predetermined bundling. Contractors are the traveler and the organizer of the trip. It is a security certificate to grant (§ 651k BGB). The travel agency can – more or less – be the organizer of the trip. Mediator The person mediating the travel services between the traveler and the organizer / service provider of the trip (§§ 675, 631 BGB). The travel agency is usually the travel agent. Service provider The person who provides a service in the travel contract, ie the hotel, the airline, etc. Travel contract right The consumer protection right under § 651a ff. BGB in the initiation and execution of a (package) trip. Controls the relationship between the traveler and the tour operator. Connected travel services Connected travel services are provided when the traveler books two different services for the same trip through an intermediary, but separate contracts with the respective service levels occur, in contact with the travel agent or by contract within 24 hours by specific mediation of the travel agent.
If you book individual services, such as transport or accommodation separately (individually or in the form of a so-called connected travel service), please also observe the general terms and conditions of the respective service provider. As far as you book a package holiday, the general terms and conditions of the tour operator, in which you have booked the trip.
If you book a package tour through this website / or in our office, please note our conditions of placement.
If you would like to book a package holiday offered by us, please note our general travel conditions. The general terms and conditions of the other organizers or service providers will be made available to you during the respective booking process.
Below you will find:
3. Our conditions of mediation in cases where we are travel agents or service providers,
4. our travel conditions for the cases in which we ourselves are organizers of the trip
3. Conditions of mediation
These subsequent agency terms apply to our agency services. The user of the website can here examine the availability of travel and other services according to his wishes and information and book travel and other services. Furthermore, general travel information and tips are available.
3.2 Mediation of travel and other services for third parties
We act as an intermediary between the organizer of (package) travel and other service providers of services and the customer (users of this website) and are not involved as a contractor in the provision of travel services. Our contractual obligation is therefore limited to the mediation of the offered and existing travel or services. Other applies only if we are named or marked in the offer of services as organizer; In this case, our travel conditions regulated under point 4 apply.
The offers presented by us on the Internet are NOT a binding contract offer by us or the respective organizer or service provider. By entering his data and sending the online booking form, the customer makes a binding contract offer. The contractual relationship is concluded when the customer receives a declaration of acceptance. Any acknowledgment of receipt (ie the mere confirmation of having received the agency order) from us shall not constitute acceptance of the offer. The contract with the customer shall be concluded in the event of an available travel or service with the organizer or service provider, if he / she accepts the offer explained by the customer.
We assume no liability for the performance of the services / offers presented or booked on the website and make no assurances as to the suitability or quality of the services / offers displayed on the website. Responsible for this is the respective organizer / service provider, with whom the customer concludes the contract.
3.3 Service charge
The customer commissions us in the context of a business management contract to advise him with regard to the services of the organizer or service provider and to convey this. In part, service fees are charged for this.
The service fee is payable in addition to the claims of the organizer or service provider and is due immediately. In the context of the brokerage of package travel, the customer has to pay a service fee only for special services of the agent listed in the price list, unless otherwise agreed individually.
3.4 Inclusion of terms and conditions of the organizers and service providers
For the contractual relationship between the customer and the organizer or service provider, the contractual conditions agreed there and the General Terms and Conditions (GTC) of the respective organizer or service provider or their service providers apply. These terms and conditions and the general terms and conditions (GTC) are named and made available in the individual service calls. This can z. B. Terms of payment, provisions on due date, liability, cancellation, rebooking and repayment, as well as other rights and obligations. The customer is obliged to inform himself about the exact content of the applicable contract conditions and terms and conditions (GTC) in the information sources offered, in particular insofar as these are offered by reproduction on the website. The customer can not rely on the ignorance of this way in reasonably made available contract terms and conditions.
3.5 Obligations of the customer
The customer is obligated to provide the contract and travel documents of the brokered tour operator / service provider, in particular booking confirmations, air tickets, hotel vouchers, visas, insurance certificates and other travel documents, for correctness and completeness, in particular for the agreement with the booking and the agency order, to check. You are obliged to inform us immediately of any obvious errors, deviations, missing documents or other discrepancies. If you fail to comply with this obligation, a liability for damages on our part of a damage arising from this can be restricted or completely excluded in accordance with the statutory provisions on the obligation to reduce damages (§ 254 BGB).
Likewise, other defects of our agency service are to be reported to us immediately. We must be given the opportunity to remedy the situation. If this notification is culpably omitted, any claims of the customer from the agency contract, as far as a reasonable remedy by us would have been possible. Claims based on tortious liability remain unaffected.
We are deemed to have been authorized by the tour operator to accept notices of defects as well as other explanations of the traveler with respect to the provision of the travel services and will notify them immediately of their notification of defects and explanations. We are neither obliged nor entitled to examine the notification of defects for accuracy or to give advice on any claims.
3.6 Issuance and delivery of airline tickets / identity of the operating airlines for booked services
Basically, airline tickets are issued no later than 14 days before departure and delivered or handed over to the traveler according to the selected shipping method. This only applies if the corresponding airline as a travel provider has not specified any other exhibition deadlines. At your request we can also issue flight tickets earlier, whereby it is pointed out that, from the time of issue, in the case of cancellation or rebooking of the traveler, the provider may incur cancellation / rebooking fees of up to 100% of the travel price. A legal claim to delivery exists only on the day of departure. The traveler must note that after the issue of the tickets in case of cancellation / rebooking plus the cancellation / rebooking fees levied by the providers, a processing fee will be charged by us.
If the airline offers an electronic ticket (“e-ticket”) instead of a paper ticket, an electronic booking code will usually be sent in text form (usually by e-mail). This must be presented by the traveler at check-in together with an identification document (identity card or passport).
Pursuant to EU Regulation VO 2111/05, we hereby refer to the travel agent’s obligation to inform the passenger about the identity of the operating airline for all transport services on the return flight prior to the conclusion of the contract, provided that the airline is already established before the conclusion of the contract. In this regard, we refer to the information in the respective specifications of the airlines used. If the airline has not yet been determined, we will inform you about the airline that is expected to make the flight before concluding the contract. Once the airline is established, we will ensure that the information is sent to you as soon as possible. This also applies to any change in the airlines operating the service.
We point out the possibility and possible necessity of the conclusion of suitable insurance, in particular a cancellation insurance and / or an insurance to cover the return costs in case of accident or illness, a baggage insurance, a health insurance abroad.
The examination of the necessity of the conclusion and the suitability of one of the mentioned or further insurances is the sole responsibility of the customer.
3.8 Payment of the price
As far as we bill travel or other services and collect payments in this regard, this is done in the name and for the account of the respective organizer or service provider. The rights to collect service fees due to us shall remain unaffected.
The terms of payment are based on the General Terms and Conditions (GTC) and other regulations of the respective organizer or service provider. As far as we accept payments for organizers of a package holiday, we may demand and accept payments to the travel price only after the issue of the security certificate in the sense of § 651 r Abs. 4 BGB before the end of the travel. In the case of brokerage of connected travel services, we may only accept payments if we have provided for the customer deposit protection required under § 651 w Abs. 3 BGB (German Civil Code) and handed you the corresponding security certificate.
We reserve the right to charge any charges for credit card payments or bank debits to the customer.
We are not liable for the mediation success or the performance of the service itself, but only for the fact that the mediation is made with the necessary care. When providing information and information within the law, we are responsible for the careful selection of the source of information and the correct disclosure to the customer. A liability for the correctness of given information does not exist according to § 676 BGB. This does not apply if a special information contract has been concluded or there is an express legal duty to inform.
We make reasonable efforts to ensure that the information, software and other information available on the Website, in particular with regard to prices, restrictions and deadlines, are current, complete and correct at the time of publication.
We assume no liability for the accuracy, completeness and reliability and permissibility of third-party content, unless we are in this regard legal liability.
We are not liable for the loss, sinking or damage of the documents in connection with the shipment, which we are not responsible for. The individual details of the (package) trips and services are based on the information provided by the organizer or service provider. These represent no assurance from our side. All services presented on the website are limited. We are not responsible for the availability of a service at the time of booking. This does not apply if we were aware of any incorrect or incorrect information or if we had to be familiar with the application of commercial and industry-standard care. In that regard, the liability of us for knowing such circumstances is limited to cases of intent or gross negligence.
3.10 Dispute settlement proceedings before a consumer arbitration board
The intermediary is not obliged to participate in dispute settlement proceedings before a consumer arbitration board and does not participate in a dispute settlement procedure before a consumer arbitration board.
4. Travel conditions
Please note that these travel conditions below apply only to cases in which we are the organizer of the travel you have booked in the sense of § 651a Abs. 1 BGB. In particular, please read the explanations given in Part A) Preliminary remarks on the conditions under which the organization of a (package) trip is subject.
4.1 Conclusion of the travel contract
By registering, the customer offers us as the organizer the conclusion of a travel contract binding. The registration takes place using the appropriate booking routine on the Internet. Only in cases where this is expressly stated in the travel description, the booking routine, the catalog, or the prospectus, can the registration in the form specified there also be made in writing, verbally, by telephone, by fax or email.
The offers presented by us on the internet or in other descriptions of the travel services underlying the booking are NOT a binding contract offer. By entering his data and sending the online booking form, the customer submits a binding contract offer. The customer also registers for all participants listed in the registration for whose contractual obligations the customer is responsible as well as for his own obligations, provided that he has accepted a corresponding separate obligation by means of an explicit and separate declaration.
Any acknowledgment of receipt (that is, the mere confirmation that we have received the agency order) does not constitute acceptance of the offer.
The contract becomes valid through our acceptance. Acceptance does not require a specific form, but usually takes place in bookings on the Internet through an electronically transmitted declaration of acceptance. At or immediately after conclusion of the contract we provide the travel confirmation.
4.2 Services and changes in service
The sole factor determining the performance owed by the organizer is the description of services on the Internet and the content of the travel confirmation. Other descriptions of the travel services including the local prices are only and only insofar part of the contract, as in the published on the Internet service description is expressly referred to. Any additional agreements that have been effectively concluded with the customer remain unaffected.
Changes and deviations of essential travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not brought about by us in good faith, are only permitted if they are not significant and do not affect the overall layout of the booked travel.
Any warranty claims remain unaffected, as far as the changed services are flawed.
In the event of a change in a substantial travel service, the customer is entitled to withdraw from the travel contract at no cost or to require the participation in an at least equivalent trip, if we are able to offer such a trip from our offer at no extra cost to the traveler. The traveler must assert these rights immediately after our declaration of change of travel service.
4.3 Payment of the price and delivery of the travel documents
Before the end of the journey, we may only demand and accept payments on the travel price after issuing the security certificate in the sense of § 651 r Abs. 4 BGB. We require a down payment only after transmission of the security certificate in the amount of up to 20% of the travel price. The deposit will be deducted from the price. The remaining payment will be due in full three weeks before departure, provided that the security certificate has been handed over and the trip can no longer be canceled for the reason stated in clause 8.2.
If the journey does not last longer than 24 hours, it does not include an overnight stay and if the rice price does not exceed EUR 75, – the full travel price may be demanded without handing over a security certificate.
You will receive all travel documents in good time before the start of your journey. If, due to time constraints, it is not possible to send the original documents, we will send you the vouchers or your legitimacy by fax, email, orally or otherwise in an appropriate manner.
4.4 Price increase
We reserve the right to change the price agreed upon with the travel contract in the event of an increase in transport costs or charges for certain services, such as port or airport charges, or a change in the exchange rates applicable to the trip in question, as follows:
If the transport costs that exist at the time the travel contract is concluded, in particular the fuel costs, we can increase the travel price in accordance with the following calculation:
- In the case of a seat-based increase, we can ask the passenger for the increase.
- In other cases, additional transport costs required by the transport company per means of transport are divided by the number of seats of the agreed means of transport. The resulting increase amount for the single seat we can ask the traveler.
If the duties, such as port or airport charges, that are incurred at the time of concluding the travel contract are increased in relation to us, the travel price may be increased by the corresponding pro rata amount.
An increase is only permitted if there are more than 4 months between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase did not occur before the conclusion of the contract and were not foreseeable at the time the contract was concluded.
In case of a subsequent change of the travel price we have to inform the traveler immediately. A unilateral price increase is only permitted if it does not exceed 8% of the travel price and is only requested until the 21st day before the agreed date of travel. In the case of price increases of more than 8%, the traveler is entitled to withdraw from the travel contract at no cost or to request the participation in an at least equivalent other trip, if we are able to offer such a trip from our offer at no extra cost to the traveler.
The traveler must assert these rights immediately after our declaration of change of the travel price.
The traveler may demand a reduction of the travel price, if and in so far as the in ziff. 4.1. and 4.2. prices, duties or exchange rates have changed after conclusion of the contract and prior to departure and this leads to lower costs for the organizer. If the traveler has paid more than the amount due thereafter, the excess amount shall be reimbursed by the tour operator. The Organizer may deduct from the excess amount to be reimbursed the administrative expenses actually incurred by it. He must prove to the traveler, at his request, how much administrative expenses have been incurred.
4.5 Cancellation by the customer before departure (cancellation costs) and rebooking
You can withdraw from the trip at any time prior to departure. it is recommended to explain the resignation by writing. The organizer loses the right to the travel price if the customer withdraws before the start of the journey or if the journey does not commence. In the event of cancellation or non-commencement of the journey, the organizer may demand compensation for the travel arrangements made and for his expenses, insofar as the resignation is not his responsibility or if there is a case of force majeure. In calculating the compensation claim, usually saved expenses and usually other possible uses of the travel services must be taken into account. The organizer can calculate this compensation claim, taking into account the following breakdown according to the proximity of the time of withdrawal from the contractually agreed travel start, as a percentage of the travel price per person as follows:
- with flight package prices:
- until the 30th day before departure 20%
- from 29th to 22nd day before departure 30%
- from the 21st to the 15th day before departure 40%
- from the 14th to the 7th day before departure 50%
- from the 6th day before departure 55%
- from non-attendance 75%
The customer is at liberty to prove to us that no or much less damage has occurred to us than the lump sum demanded by us.
We strongly recommend you take out a travel cancellation insurance.
There is no entitlement to changes of booking (eg changes to the travel date, destination, place of travel, type of transport, accommodation, etc.). Nonetheless, if we fulfill the rebooking request, a lump sum of EUR 25, – per person will be charged (for flights only EUR 15, – per person).
4.6 Unused services
For unused properly offered services for early return or other compelling reasons, we will endeavor to reimbursement of the saved expenses at the service providers. The obligation does not apply if the services are completely insignificant or if legal or official provisions preclude it.
4.7 Termination by us for reasons of behavior of the traveler
We can terminate the travel contract without notice, if you disrupt the execution of the trip, regardless of a warning, or if you behave in breach of contract to such an extent that the immediate termination of the contract is justified. Despite our cancellation, we reserve the right to the full travel price; however, we must recognize the value of the expenses saved as well as those benefits that we derive from the reuse of the unused service, including the amounts credited to our service providers.
4.8 Withdrawal due to non-achievement of the minimum number of participants
Due to not reaching the minimum number of participants, we can only resign if
- the minimum number of participants and the time up to which the traveler has received the notice of withdrawal prior to the start of the journey has been specified in the travel description of the trip concerned; and
- This information in the confirmation was clearly legible.
Cancellation must be declared no later than 20 days for a journey of more than six days, 7 days for a journey of two to no more than six days and 48 hours for a journey of less than two days – each time prior to departure. If it is already apparent at an earlier point in time that the minimum number of participants can not be reached, the right of withdrawal will be exercised immediately.
If the trip is not carried out because of the cancellation, the payment made will be refunded within 14 days.
4.9 Customer’s obligation to cooperate
You are obliged to cooperate in the event of performance disruptions within the scope of legal provisions in order to avoid or minimize any damage.
In particular, you are obliged to notify your complaints immediately to the local tour guide. This is instructed to provide remedy, if possible. If a local tour guide does not exist, the request for remedy must be sent to us directly.
If a journey is significantly impaired as a result of a defect and the organizer does not remedy the situation within a reasonable period of time, the traveler may terminate the travel contract within the scope of the legal provisions – in his own interest and in written form for reasons of evidence. The same applies if the traveler can not reasonably be expected to travel due to a lack of an important reason recognizable to the organizer. The determination of a time limit for the remedy does not need only if remedy is impossible or is denied by the organizer or if the immediate termination of the contract by a special interest of the traveler is justified. If the contract is canceled thereafter, the traveler retains the right to be returned. He only owes the organizer the part of the travel price accruing to the services used, provided that these services were of interest to him.
Damages or delays in delivery of baggage and goods for air travel shall be requested by the organizer immediately on the spot, but at the latest within seven days after the damage has been discovered, for goods within 14 days of acceptance, in case of delay not later than 21 days after the baggage has arrived or the goods have been made available to the passenger, by means of a damage report (PIR) to the competent airline. Airlines usually refuse refunds if the claim has not been completed. Incidentally, the loss, damage or misdirection of baggage must be reported to the tour operator or the local representative of the organizer.
4.10 Limitation / Liability / Credit
The claims of the traveler – with the exception of personal injury – under § 651i para. 3 BGB (remedy, notice, reduction, compensation) become time-barred after two years. The period of limitation begins on the day on which the package holiday ends according to the contract. Claims from tort are subject to the statutory limitation period.
The contractual liability of the organizer for damages that are not personal injury, is limited to three times the travel price, as far as a damage of the traveler is neither intentional nor grossly negligent, or insofar as the organizer for a damage to the traveler alone due to a fault of a service provider is.
Where international agreements or legal provisions based on them under which a claim for damages can only be asserted under certain conditions or limitations apply to a travel service to be provided by a service provider, the organizer may refer the traveler to these conventions and the arrangements based thereon statutory provisions.
If, due to the same event, the Traveler is entitled to compensation or reimbursement of any amount overpaid as a result of a reduction, the Traveler must be credited with the amount due for the same event as compensation or reimbursement in accordance with international conventions or on such based legal regulations according to § 651p Abs. 3 BGB.
4.11 Passport, visa and health regulations
We are not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation, if the traveler has commissioned us with the procurement, unless the delay is our responsibility.
The customer is responsible for obtaining and carrying the necessary travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. All disadvantages, in particular the payment of cancellation fees, which arise from the non-compliance with these regulations, are at his expense. This does not apply if the customer was culpably not, insufficiently or wrongly informed by the organizer.
The traveler should also inform himself in time about infection and vaccine protection as well as other prophylactic measures; If necessary, medical advice should be sought on thrombosis and other health risks. Reference is made to general information, in particular to the health authorities, physicians experienced in travel medicine, tropical medicine physicians, travel medical information services or the Federal Center for Health Education. This does not affect our legal information obligations.
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