Terms & Conditions
1. Conclusion of the tour contract
By registering, the customer offers the tour operator a binding tour contract. Registration can be made in writing, orally or by telephone. It is carried out by the applicant for all participants listed in the registration, for whose contractual obligation the applicant is responsible as well as for his own obligation, provided that he has made a corresponding separate declaration by express and separate declaration.
The contract comes into being upon acceptance by the tour operator. Acceptance requires no specific form. If the content of the tour confirmation differs from the content of the registration, there is a new offer from the tour operator to which he is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the tour operator declares acceptance to the tour operator within the binding period.
2.1 With the conclusion of the contract, a relatively small down payment can be requested, which will count towards the tour price. As far as travel in the sense of §§ 651 a-m BGB is concerned, a down payment may only be requested against transmission of a security certificate.
2.2 Further payments are due on the agreed dates.
2.3 If no agreement has been reached, the remaining payment is due if the tour can no longer be canceled for the reasons stated in Section 7.b and the customer receives documents from the organizer that show that he has his own rights against the service providers become.
2.4 Insofar as documents according to c) cannot be handed over due to the attitude of the service providers or the type of service procurement / tour design, the remaining payment is due shortly before the start of the tour, unless another due date agreement has been made.
2.5 Depending on the customer's choice, the documents will be sent to the organizer immediately upon receipt of their payment or will be given to the organizer against payment.
The scope of the contractual service results from the tour operator's description of services and from the relevant information in the tour confirmation. Subsidiary agreements that change the scope of contractual services require express confirmation.
4. Service and price changes
4.1 Before the contract is concluded, the tour operator can change the service descriptions at any time, about which the tour end will of course be informed before booking.
4.2 Changes to essential tour services in relation to the agreed content of the tour contract, which become necessary after conclusion of the contract and before the start of the tour and were not brought about by the tour operator in good faith, are only permitted insofar as they are not significant and do not affect the overall layout of the booked tour. Any warranty claims remain unaffected, especially insofar as the changed services are defective.
4.3 The tour operator is obliged to inform the customer about changes in services immediately after becoming aware of the reason for the change on a durable medium. If necessary, he will offer the customer a free rebooking or a free cancellation.
4.4 In the event of a significant change in an essential property of the tour service or a deviation from the customer's specific requirements that have become part of the tour contract, the customer is entitled to accept the change within a reasonable period set by the tour operator at the same time as notifying the change, or free of charge withdraw from the tour contract or request participation in a replacement tour if the tour operator has offered such a tour.
The customer has the choice of reacting to the tour operator's notification or not. If the customer reacts to the tour operator, he can either agree to the contract change, request participation in a replacement tour, if one has been offered to him, or withdraw from the contract free of charge.
If the customer does not respond to the tour operator or does not respond within the set period, the notified change is considered accepted.
The customer must be informed of this in the declaration in accordance with section 4.3 in a clear, understandable and highlighted manner.
4.5 Any warranty claims remain unaffected insofar as the changed services are defective. If the tour operator had lower costs for the implementation of the modified tour or replacement tour with an equivalent quality, the difference must be reimbursed to the customer in accordance with Section 651m (2) BGB.
5. Cancellation by the customer, rebooking, substitutes
5.1 The customer can withdraw from the tour at any time before the start of the tour. The decisive factor is the receipt of the cancellation notice by the tour operator. The customer is recommended to declare the cancellation in writing.
5.2 If the customer withdraws from the tour or if he does not start the tour, the organizer loses the right to the tour price. Instead, the organizer can, insofar as he is not responsible for the cancellation or non-commencement of the tour and there is no force majeure event, appropriate compensation depending on the respective tour price for the tour arrangements made prior to the cancellation / non-commencement and his expenses ( Cancellation fees). These cancellation fees are flat-rate in section 5.5 taking into account the proximity of the time of cancellation to the contractually agreed tour start in a percentage relation to the tour price. Usually saved expenses and the usually possible other use of the tour services are taken into account.
5.3 Cancellation fees are also payable if a tour participant does not arrive at the respective departure or departure location in time for the times specified in the tour documents or if the tour is due to a lack of tour documents for which the organizer is not responsible, e.g. Passport or necessary visas, will not be accepted.
5.4 The customer is free to provide evidence that no or significantly lower costs have arisen in connection with the cancellation or non-start of the tour than the costs stated by the organizer in the lump sum to be applied in individual cases (see Section 5.5 below).
5.5 The flat-rate claim for cancellation fees is usually per customer / participant:
Up to 31 days before the start of the tour: 15%
From 30th to 24th day before the start of the tour: 25%
From the 23rd to the 17th day before the start of the tour: 40%
From 16 to 7 days before the start of the tour: 60%
From the 6th day before the start of the tour: 80%
5.6 Until the start of the tour, the customer can have a third party replace the tour. Actual additional costs resulting from this are borne by the customer. The tour operator can object to the change in the person of the tourer if the third party does not meet the special tour requirements or if there are legal regulations or official regulations that conflict with this.
5.7 In the event of a cancellation, the tour operator can demand the additional costs incurred from the customer.
6. Services not used
If the tour end user does not take advantage of individual tour services as a result of an early return journey or for other compelling reasons, the tour operator will endeavor to reimburse the service providers for the saved expenses. This obligation does not apply if the services involved are completely insignificant or if there are legal or official provisions opposing a refund.
7. Cancellation and termination by the tour operator
In the following cases, the tour operator can withdraw from the tour contract or terminate the tour contract after starting the tour:
7.1 Without observing a deadline
If the tour end permanently disrupts the tour regardless of a warning from the tour operator or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If the tour operator cancels, he remains entitled to the tour price; however, he must allow the value of the saved expenses as well as those advantages which he obtains from another use of the services not used, including the amounts brought to him by the service providers.
7.2 Up to 2 weeks before the start of the tour
If an advertised or officially determined minimum number of participants is not reached, if a reference is made to a minimum number of participants in the tour advertisement for the corresponding tour. In any case, the tour operator is obliged to inform the customer of this immediately after the prerequisite for not performing the tour and to notify the customer of this immediately. The customer receives the paid tour price immediately. Should it be apparent at an earlier point in time that the minimum number of participants cannot be reached, the tour operator must inform the customer.
8. Cancellation of the contract due to exceptional circumstances
If the tour is made significantly more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was signed, both the tour operator and the tour end can terminate the contract. If the contract is terminated, the tour operator can demand appropriate compensation for the tour services that have already been provided or that are still to be completed at the end of the tour. Furthermore, the tour operator is obliged to take the necessary measures, especially if the contract includes the return transport, to transport the tourer back. The parties bear half of the additional costs for the return transport. Otherwise, the additional costs are borne by the tourer.
9. Liability of the tour operator
9.1 As part of the due diligence of a prudent businessman, the tour operator is liable for:
9.1.1 the thorough tour preparation;
9.1.2 the careful selection and monitoring of the service providers;
9.1.3 the accuracy of the service description;
9.1.4 the proper provision of the contractually agreed tour services.
9.2 The tour operator is liable for the fault of the person entrusted with the service provision.
If the tour is not performed in accordance with the contract, the tour end can request remedial action. The tour operator can refuse the remedy if it requires a disproportionate effort. The tour operator can also remedy the situation by providing an equivalent replacement service. The tour operator can refuse the remedy if it requires a disproportionate effort.
10.2 Reduction of the tour price
For the duration of a non-contractual provision of the tour, the tour end can demand a corresponding reduction in the tour price (reduction). The tour price is to be reduced in the ratio in which the value of the tour in defective condition would have been at the actual value at the time of sale. The reduction does not occur if the tour participant culpably fails to report the defect.
10.3 Termination of the contract
If a tour is significantly impaired due to a defect and the tour operator does not remedy the situation within a reasonable period of time, the tour user can terminate the tour contract in his own interest and for reasons of preservation of evidence by means of a written declaration. The same applies if the tour is unreasonable for the tour operator due to a defect for an important reason recognizable to the tour operator. The determination of a deadline for remedial action is only not necessary if remedial action is impossible or is refused by the tour operator or if the immediate termination of the contract is justified by a special interest of the tour operator. He owes the tour operator the part of the tour price that relates to the services used, provided these services were of interest to him.
If the tour operator is responsible for a circumstance that leads to a defect in the tour, the tour end can demand compensation.
11. Limitation of liability
11.1 The tour operator's contractual liability is limited to three times the tour price.
11.1.1 insofar as damage to the tour end is not caused intentionally or through gross negligence or
11.1.2 insofar as the tour operator is responsible for damage incurred by the tour operator solely due to the fault of a service provider.
11.2 For all claims for damages by the customer against the tour operator from unlawful acts that are not based on intent or gross negligence, the tour operator is liable for personal injury up to € 50,000 per customer and tour. The limitation of liability for damage to property is € 3000 per customer and tour. If the tour price is over € 1000, liability is limited to three times the tour price. In this context, customers are advised to take out travel accident and luggage insurance in their own interest.
11.3 The tour operator is not liable for service disruptions in connection with services that are only brokered as external services (e.g. sporting events, theater visits, exhibitions, etc.) and that are explicitly identified as external services in the tour advertisement.
11.4 A claim for damages against the tour operator is limited or excluded insofar as, due to legal regulations that apply to the services to be provided by a service provider, a claim for compensation against the service provider is only excluded under certain conditions.
11.5 If the tour operator has the position of a contractual air carrier, liability is governed by the provisions of the Air Traffic Act in conjunction with the international agreements of Warsaw, The Hague, Guadalajara and the Montreal Agreement (only flights to the USA and Canada). The Warsaw Convention generally limits the carrier's liability for death or personal injury, as well as for loss and damage to luggage. If the tour operator is a service provider in other cases, he is liable according to the provisions applicable to these.
11.6 If the tour operator has the position of a carrier during ship trips, liability is also regulated in accordance with the provisions of the Commercial Code and the Inland Navigation Act.
12. Obligation to cooperate
The tour end is obliged to cooperate in the event of performance disruptions within the scope of the statutory provisions, to avoid or minimize any damage. The tour end is particularly obliged to report complaints to the local tour management immediately. This is instructed to remedy the situation, if this is possible. If the tour participant culpably fails to report a defect, the right to a reduction does not apply.
13. Exclusion of claims and limitation
Claims for non-contractual provision of the tour must be made by the tour operator to the tour organizer within one month after the tour is scheduled to end. After the expiry of the deadline, the tour end can make claims if he was prevented from meeting the deadline through no fault of his own. Claims of the tour end expire after six months. The limitation period begins on the day on which the tour should end according to the contract. If the tour end has made such claims, the limitation period is suspended until the day on which the tour operator rejects the claims in writing. Claims for compensation for bodily harm or killing of the tour end expire three years after the end of the tour.
14. Passport, Visa and Health Regulations
If it is possible for the tour operator, he will inform the customer about important changes to the general regulations set out in the tour description before starting the tour. The tour operator is also not liable for the timely issue and access of necessary visas by the respective diplomatic representation if the tour operator has instructed the tour operator to provide them, unless the tour operator is responsible for the delay. The end of the tour is responsible for complying with all regulations important for the implementation of the tour.
All disadvantages arising from non-compliance with these regulations are borne by him, unless they are due to culpable incorrect or non-information by the tour operator. The tour operator is responsible for informing the tourer about provisions of passport, visa and health regulations that are known to them or that should be known using the necessary care in traffic. The responsible consulate also provides information for non-German nationals. If the entry regulations of individual countries are not complied with by tour participants, so that the tour end is prevented from taking part in the tour, the tour operator can charge the tour participants with the corresponding cancellation fees.
15. Ineffectiveness of individual provisions
The ineffectiveness of individual provisions does not result in the ineffectiveness of the entire tour contract.
16. Place of jurisdiction
The place of jurisdiction for all lawsuits arising from this contractual relationship is the court responsible for Rüdersdorf OT Hennickendorf, as far as this is legally permissible.