General Terms of business
1. Conclusion of travel agreement
1.1 By registering, the customer (traveller) is applying to the tour operator for conclusion of a binding travel agreement.
1.2 Registration may be made in writing, verbally or by telephone. The person registering also registers on behalf of all the participants who are listed in the registration. The person registering is liable for the contractual obligations of these persons as if they were his own obligations, provided he has accepted a separate obligation to this effect through an explicit and separate declaration.
1.3 The agreement shall come into force once the tour operator has accepted it. Acceptance does not require any specific form. On conclusion of the agreement or immediately thereafter, the tour operator shall issue the travel confirmation to the traveller.
1.4 If the content of the travel confirmation differs from the content of the registration, this constitutes a new offer by the tour operator to which he shall be bound for 10 days. The agreement shall be concluded on the basis of this new offer provided the traveller declares his acceptance to the tour operator within the commitment period.
2. Payment
2.1 Payments towards the price of travel before the tour has ended may only be collected from the traveller if the customer has been shown the insurance certificate according to §651 k Section 3 of the German Civil Code (BGB). On conclusion of the agreement, an advance payment of 20% may be requested. The final balance is due no later than 8 days before departure after travel documents have been issued or received, provided the tour can no longer be cancelled for the reasons specified in Sections 7.2 or 7.3.
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2.2 If the tour is for less than 24 hours, does not include any overnight stay and does not exceed the travel price of € 75.00, the full travel price may be requested without issuing any insurance certificate.
3. Services
Contractually agreed services are shown in the description of services on the website and in the information referring to this in the travel confirmation.
The information contained in the brochure is binding for the tour operator. The tour operator will, however, explicitly reserve the right to declare an amendment to the brochure information, about which the traveller shall of course be informed before booking.
4. Changes in services
4.1 Any alterations or deviations in individual travel services from the agreed content of the travel agreement which are necessary after the agreement has been concluded, and which have been made by the tour operator in good faith, shall only be permitted provided the changes or deviations are minor and do not have an adverse effect on the tour booked as a whole.
4.2 Any possible warranty claims shall remain unaffected if the altered services have any shortcomings.
4.3 The tour operator is obliged to notify the traveller immediately of any changes or variations in services.
If necessary he will offer to make a new reservation for the traveller at no extra cost or let the traveller cancel free of charge.
4.4 In the event of a major change to an important travel service, the traveller is entitled to withdraw from the travel agreement without incurring any charges or alternatively to take part in a tour of at least equal value, if the tour operator is in a position to offer the traveller such a tour from his range of offers at no additional cost. The traveller must assert these rights against the tour operator without delay after the latter has announced the change in travel service.
5. Withdrawal by the traveller, change of reservation, substitute persons
5.1 The traveller may withdraw from the tour at any time before the tour commences. The date of receipt of the declaration of withdrawal by the tour operator shall be determinative. The traveller is advised to declare withdrawal in writing.
5.2 If the traveller cancels the travel agreement or does not set out on the tour, the tour operator may demand compensation for the travel arrangements made and for his expenses. When calculating compensation, any normal savings of expenses and any normal, alternative use of the travel services are to be taken into account.
5.3 The tour operator may charge a flat percentage rate of the travel price according to the following schedule, depending on the proximity of the date of withdrawal to the contractually agreed start of the tour.
I. Flight package holidays with charter companies
Up to 30th day before departure Between 14th and 7th day before departure
Between 29th and 22nd day before departure After 6th day before departure
Between 21st and 15th day before departure
II. ABC, APEX etc.
In the case of ABC flights, APEX flights, BULK or similar flights based on officially approved special tariffs which are subject to constant change, the currently valid tariff periods must be set according to the principles specified in these terms and conditions of travel.
III. Flight package holidays with scheduled carriers
1. Single IT
Up to 30th day before departure After 14th day before departure
Between 29th and 15th day before departure
2. Group IT
Up to 95th day before departure Between 21st and 15th day before departure
Between 94th and 45th day before departure Between 14th and 7th day before departure
Between 44th and 22nd day before departure After 6th day before departure
IV. Ship
Up to 50th day before departure Between 21st and 15th day before departure
Between 49th and 35th day before departure After 14th day before departure
Between 34th and 22nd day before departure
V. Coach
Up to 22nd day before departure Between 14th and 7th day before departure
Between 21st and 15th day before departure After 6th day before departure
VI. Rail
Up to 30th day before departure After 14th day before departure
Between 29th and the 15th day before departure
VII. Holiday homes
Up to 45th day before departure After 29th day before departure
Between 44th and 30th day before departure
VIII. Other methods of travel
5.4 The methods of travel not specified under items I to VII will be treated according to the principles outlined in the terms and conditions of travel as far as consequences of withdrawal are concerned.
The traveller is at liberty to prove to the tour operator that the latter has incurred no damage or far less damage than the flat rate that is demanded by him.
5.5 If any alterations are made to the travel date, travel destination, place of commencing the tour, accommodation or method of transport (rebooking) at the traveller's request and after booking the tour for a date within the time limits of the tour advertisement, the tour operator may levy one rebooking charge per traveller subject to the following dates being adhered to.
I. Flight package holidays with charter companies
Up to 29th day before departure
II. Flight package holidays with scheduled carriers
1. With single IT Up to 30th day before departure
2. With group IT Up to 95th day before departure
III. By ship Up to 50th day before departure
IV. By coach Up to 22nd day before departure
V. By rail Up to 30th day before departure
VI. With holiday homes Up to 45th day before departure
5.6 Any rebooking requests by the traveller which are submitted after the periods have elapsed may only be carried out, provided it is at all possible to implement them, after withdrawal from the travel agreement according to terms specified under item 5.3 and after simultaneous re-registration. This does not apply to rebooking requests which only incur slight costs.
5.7 Until the start of the tour, the traveller may request that a third party enters into the rights and obligations of the travel agreement instead of him. The tour operator may object to the participation of the third party if this person does not satisfy the particular travel requirements or there are any legal regulations or official rulings opposing his taking part.
If a third party enters into the agreement, he and the traveller shall be liable to the tour operator as joint and several debtors for the price of travel and the additional costs incurred as a result of the participation of the third party.
5.8 In the event of withdrawal, the tour operator may demand the additional costs that have actually been incurred from the traveller.
6. Non-used services
If a traveller does not use individual travel services as a result of early return or for other compelling reasons, the tour operator shall endeavour to gain a refund of saved expenses from the service providers. This obligation shall be waived if the services in question are entirely insignificant or if there are any statutory or official regulations opposing such a refund.
7. Withdrawal and cancellation by the tour operator
The tour operator may withdraw from the travel agreement before the start of the tour or may terminate the travel agreement after the start of the tour in the following cases:
7.1 Without notice
If the traveller substantially hinders the tour from being carried out, despite a warning by the tour operator, or acts contrary to agreement to such a degree that the immediate cancellation of the agreement is justified, the tour operator may withdraw from the agreement. If the tour operator cancels the agreement, he shall retain the right to the travel price; he must however take into account the value of the saved expenses as well as those advantages that he will gain from using the non-used service elsewhere, including the amounts credited to him by the service providers.
7.2 Up to 2 weeks before departure
If the announced or officially specified minimum number of participants is not reached when the tour advertisement has specified a minimum number of participants for the corresponding tour, the tour operator may withdraw from the agreement. At all events the tour operator is obliged to inform the traveller immediately as soon as the premise for the non-performance of the tour occurs and notify the latter of the declaration of withdrawal without delay.
Any travel price that has been paid shall be returned to the traveller immediately. Should it already be clear earlier that the minimum number of participants cannot be reached, the tour operator must notify the traveller of this.
7.3 Up to 4 weeks before departure
If, after the tour operator has exhausted all possibilities, performance of the tour is unreasonable because the number of bookings for this tour is so low that the costs that the tour operator would incur if he were to perform the tour would exceed the acceptable economic limits for this tour, the tour operator may withdraw from the agreement. The tour operator only has a right of withdrawal, however, if he is not responsible for the circumstances that have caused this (e.g. no errors in calculation) and if he can substantiate the circumstances that have led to his withdrawal and if he makes the traveller a comparable alternative offer.
If the tour is cancelled as a result of this, the price of the tour that has been paid in shall be returned to the traveller immediately. In addition, his booking expenses shall be refunded at a flat rate, provided he does not take advantage of an alternative offer by the tour operator.
8. Cancellation of agreement due to extraordinary circumstances
8.1 1f the tour is rendered considerably more difficult, if it is endangered or impaired as a result of a force majeure that was not foreseeable on conclusion of the agreement, both the tour operator as well as the traveller may cancel the agreement. If the agreement is cancelled, the tour operator may ask for reasonable compensation for the services already performed or services still to be performed in order to end the tour.
8.2 Furthermore, the tour operator is obliged to take the necessary measures to ensure return transport for the traveller, especially if the agreement includes return transport. The additional costs for return transport shall be shared equally between the two parties. All other costs shall be borne by the traveller.
9. Liability of the tour operator
9.1 The tour operator is liable for the following as part of the duty of care of a proper businessman:
1. conscientious travel preparation;
2. careful selection and monitoring of service providers;
3. accuracy of description of all travel services indicated in the catalogues unless the tour operator has declared a change in brochure details according to item 3 before conclusion of agreement;
4. due provision of the agreed travel services.
9.2 The tour operator is liable for any fault on the part of the person entrusted to provide the service.
10. Warranty
10.1 Redress
If the tour is not provided according to the agreement, the traveller may call for redress. The tour operator may refuse redress if it requires disproportional expenses.
The tour operator may also provide redress by furnishing a comparable alternative service. The tour operator may refuse redress if it requires disproportional expenses.
10.2 Reduction in travel price
For the period in which the tour has not been provided according to the agreement, the traveller may call for an appropriate reduction in travel price. The travel price must be reduced in the ratio that the value of the tour in perfect state would have been to the actual value at the time of sale. There shall be no reduction if the traveller negligently omits to report the deficiency.
10.3 Termination of the agreement
If a tour is considerably impaired as a result of a deficiency and if the tour operator does not provide a remedy within a reasonable period of time, the traveller may cancel the travel agreement according to statutory provisions - in his/her own interests and for reasons of evidence, advisably through written declaration. The same applies if the traveller cannot reasonably be expected to make the trip, due to a deficiency ,for good reason that is known to the tour operator. It is not necessary to specify a period for redress only if redress is impossible or is refused by the tour operator or if immediate cancellation of the agreement is justified as a result of a particular interest of the traveller.
In this case, the traveller shall owe the tour operator the part of the travel price that is due for the services used, provided these services were of interest.
10.4 Compensation
Regardless of the reduction or notice of cancellation, the traveller may call for compensation due to non-performance, unless the shortcoming in the tour is due to circumstances for which the tour operator is not responsible.
11. Limitation of liability
11.1 The tour operator's contractual liability for damage other than physical injury shall be limited to three times the travel price:
1. insofar as the damage to the traveller is not caused wilfully or through gross negligence;
2. insofar as the tour operator is responsible for damage caused to the traveller solely through the fault of a service provider.
11.2 In the case of material damage up to €4,100.00, the tour operator is liable for all damage claims made against him as a result of unauthorised action which is not caused intentionally or through gross negligence; if three times the travel price exceeds this amount, liability for material damages shall be restricted to three times the price of travel. These maximum sums of liability apply to each traveller and to each tour.
11.3 A claim for damages against the tour operator is limited or excluded (as a result of international agreements, or statutory provisions derived from them, that are applicable to services to be provided by a subcontractor) insofar as a claim for damages against the service provider can only be enforced subject to certain requirements or restrictions or is excluded under certain conditions.
11.4 If the tour operator takes on the position of a contractual ship owner, liability shall also be determined according to the provisions of the German Commercial Code (HGB) and inland navigation law.
12. Obligation to cooperate
12.1 In the event of defaults in performance, the traveller is obliged to cooperate according to legal requirements, in order to avoid any damage or keep it to a minimum.
12.2 The traveller is above all obliged to notify complaints immediately to the local tour manager, whose job it is to find a remedy, insofar as this is possible. If the traveller negligently omits to notify a deficiency, there shall be no entitlement to a reduction.
13. Exclusion and limitation of claims
13.1 Any claims relating to failure to provide tour according to contract must be submitted by the traveller to the tour operator within one month of the contractually scheduled end of the tour. After this period has expired, the traveller may submit claims if prevented from keeping to the deadline for reasons beyond personal control.
13.2 Claims by the traveller according to ss. 651 c to 651 f of the German Civil Code (BGB) become statute-barred after one year. The statutory period of limitation begins on the date when the tour was supposed to end according to the agreement. If any negotiations are pending between the traveller and the tour operator regarding the claim or circumstances substantiating the claim, the period of limitation shall be stayed until the traveller or the tour operator refuses to continue negotiations. The period of limitation shall commence at the earliest three months after the end of this stay of action.
14. Passport, visa and health regulations
14.1 The tour operator is responsible for informing citizens of the country in which the tour is being offered about passport, visa and health regulations, and any possible amendments to these, before departure. For members of other countries, the relevant consulate will give information.
14.2 The tour operator shall not be liable for ensuring the timely issue and delivery of any necessary visas by the respective diplomatic representative if the traveller has requested the tour operator to deal with this, unless the tour operator is responsible for the delay.
14.3 The traveller is personally responsible for adhering to all the regulations that are important for the performance of the tour. All disadvantages, particularly the payment of cancellation costs incurred as a result of non-compliance with these regulations, shall be chargeable to the traveller unless they are due to the tour operator negligently providing wrong information or not providing any information at all.
15. Ineffectiveness of individual provisions
Any ineffectiveness of individual provisions of the travel agreement shall not result in the entire travel agreement being ineffective.
16. Place of jurisdiction
The traveller can only file an action against the tour operator at the latter's registered office.
For any action on the part of the tour operator against the traveller, the latter's registered place of residence shall be authoritative, unless the action is directed against qualified merchants or persons who, after concluding the agreement, have taken up residence abroad or usually stay abroad, or whose place of residence or usual abode is not known at the time of filing the action. In these cases, the tour operator's registered office shall be authoritative.
Version: March 2005