Terms and Conditions
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The following terms and conditions of travel supplement sect. 651 a et. seq. of the German Civil Code and apply to all contracts between the tour operator and the customer. They are based on the applicable travel contract law and the recommendations of the German Travel Agency Association. Please read these terms and conditions carefully.
With the booking the customer recognises these general terms and conditions of travel. Deviations in the respective trip advertisements have precedence.
1. Conclusion of the Travel Contract
With the registration the customer offers the tour operator the conclusion of a travel contract in a binding manner.
The registration occurs by the registering party and for all of the participants listed in the registrations, and the registering party is responsible for their contractual obligations as well as his own insofar as he has assumed a corresponding separate obligation by means of an explicit, separate declaration.
The contract arises with the acceptance by the tour operator. The acceptance does not require a particular form.
The customer shall receive a travel confirmation by e-mail beforehand from the tour operator if an e-mail address was indicated, and a written confirmation by mail. The written confirmation will be mailed as soon as possible.
Decisive for the contents of the travel contract is the written confirmation. If the contents of the written confirmation deviate from those of the registration, then this is a new offer on the part of the tour operator to which it is bound for the length of 10 days. The period begins with the day of the sending by the tour operator.
If the customer declares his acceptance on the basis of this new offer within 10 days, then the contract arises with these contents. Otherwise no contract arises.
2. Payment
The customer shall receive all travel documents from the tour operator (in particular airline tickets, hotel vouchers, and certificates of insurance) before payment is made to the tour operator.
The complete trip price is to be paid at the latest 7 days before departure. Decisive is the receipt of the money by the tour operator.
If the trip price is not paid in full before beginning of the trip, the tour operator can withdraw from the contract after setting a notice period and require the corresponding fees for withdrawal (no. 5).
3. Services of the Tour Operator
The scope of the contractual service arises from the concrete description of services. Information in the trip confirmation can refer to this. Ancillary agreements that change the scope or kind of the contractual service require the explicit confirmation of both contracting parties.
The information in the brochure is principally binding for the tour operator. However, it reserves the right to declaring a change to the information in the brochure for factually justified, significant, and non-foreseeable reasons before the contract is concluded. Of course the customer will be informed of such a change before the booking.
4. Changes to Services and Prices
Changes and deviations to individual trip services from the agreed contents of the travel contract that become necessary after the conclusion of the contract and which were not brought about in bad faith on the part of the tour operator are only allowed insofar as the changes and deviations are not significant and do not compromise the overall arrangement of the booked trip.
Insofar as the changed services are flawed, warranty claims remained unaffected by this. The tour operator is obligated to informing the customer about changes or deviations to the services without delay.
The tour operator has the right to increase the trip price after conclusion of the travel contract.
Such a subsequent change to the trip price is only justified if more than 4 months lie between the conclusion of the contract and the agreed begin of the trip and if there is an increase in the transportation costs (e.g. by increase in fuel costs), the expenses for the service provider, or the taxes for certain services, such as port fees or airport fees, or a change in the exchange rate applicable to the affected trip.
In the announcement on the increase in the trip price the tour operator is to summarize the facts that are the basis for the new calculation of the trip price. An increase in the trip price or an allowable change to a significant travel service is to be announced to the customer by the tour operator without delay after knowledge of the reason for the change has been gained.
The customer has the right to withdrawal from the contract insofar as the increase amounts to more than 5% or involves a change to significant trip services. The customer can also require participation in a trip of at least the same value instead of withdrawal insofar as the tour operator is able to offer the customer such a trip without additional cost from its offerings.
If the minimum number of participants named in the catalogue for a significant trip service cannot be reached, the operator can change or cancel the trip up to 30 days before the contractually agreed beginning of the trip. This is to be announced to the customer with the reason without delay after knowledge of the reason has been gained.
5. Withdrawal of the Traveller, Cancellation Fee, Consolidation into a Lump Sum
The customer can withdraw from the trip at any time before the beginning of the trip in writing, orally, or by telephone. It is not necessary to provide a reason.
If the customer withdraws from the travel contract or if the trip is not begun without a prior declaration of withdrawal then the tour operator has a claim for reimbursement for those expenses that it had in regards to the booked trip. The amount of the expenses that can be reimbursed is limited to the amount of the trip price.
The tour operator has the right to consolidating this claim for reimbursement into a lump sum in a way corresponding to the following table. In doing so the closeness of the point in time of the withdrawal to the contractually agreed beginning of the trip is authoritative.
Table for Consolidation into a Lump Sum:
- In the case of withdrawal up to 60 days before the beginning of the trip, a withdrawal free in the amount of 150.-- euros per person is charged.
- In the case of withdrawal between the 59th and 30th day before the beginning of the trip a lump sum in the amount of up to 20% of the trip price is charged.
- In the case of withdrawal between the 29th and up to the 3rd day before the beginning of the trip, a lump sum in the mount of up to 60% of the price of the trip is charged.
- From the 3rd day before the beginning of the trip on or in the case that the trip has not begun, a lump sum of up to 100% (saved expenses will be reimbursed) will be charged.
The customer continues to have the opportunity pursuant to sect. 309 no. 5b of the German Civil Code to verify lower damages or the circumstance that no damages arose.
The tour operator can claim higher damages than those lump sum withdrawal costs agreed above if it has verification of this.
Special conditions for withdrawal may also apply if they are noted on the programs or the booking confirmation of the trip.
6. Rebooking / Replacement of the Traveller
Customer’s rebooking wishes (trip date, accommodation, trip destination, and airport) can, insofar as the execution is actually possible, only be considered up to and including 7 days before the beginning of the trip for a processing fee in the amount of 150 euros per person.
From the 7th day on, the customer’s rebooking wishes can only be carried out after withdrawal from the travel contract subject to the conditions above and with a new registration at the same time.
Excepted from this are rebooking wishes that only result in minor expenses.
Verification is reserved for the customer that additional costs did not arise on account of the rebooking.
A change in the person who is travelling is possible up until the beginning of the trip. The third party assumes the rights and duties from the travel contract if the tour operator does not object to the change. An objection is possible if the third party does not fulfil particular trip requirements or statutory regulations or official decrees are opposed to this.
The third party entering into the contract is liable together with the customer as co-debtors for the price of the trip and for the additional expenses arising on account of the entry of the third party.
In the case of withdrawal the tour operator can demand the factually arising additional expenses.
7. Services Not Used
If individual trip services are not used as a consequent of an early trip back or for other urgent reasons, the tour operator will try to have the service providers reimburse the saved expenses. This duty is not applicable in the case of completely insignificant services or if there are legal or official regulations in the way of the reimbursement.
8. Travel Insurance
Principally, travel insurance is not included in the trip price. It can be booked at the tour operator as an additional service subject to a fee if this is not excluded in individual cases on account of the offer. The conclusion of such an additional service is recommended to the customer.
9. Withdrawal and Cancellation by the Operator
The tour operator can withdraw from the travel contract or cancel the travel contract after the beginning of the trip in the cases listed in the following:
- Up to 7 days before the beginning of the trip in the case that the minimum number of participants as listed in the trip advertisement is not reached.
If the trip is cancelled because the minimum number of participants is not reached, the amount paid will be completely refunded. There are no further claims. - Without notice if the execution of the trip is disturbed over a longer period of time despite the customer having been warned or if the customer behaves in a way that is very much contrary to the contract so that immediate abrogation of the travel contract is justified. If the tour operator cancels in such a case, the claim for the price of the trip remains. The value of possible saved expenses and possible reimbursements from service providers are to be offset by the tour operator. Possible additional expenses for the return trip are to be borne by the disturbing party himself.
10. Cancellation of the Contract Because of a Force Majeure
If the trip is significantly hindered, endangered, or limited by the circumstances of a force majeure which was not foreseeable at the time of conclusion of the contract (e.g. war, strike, or events that are equivalent to the aforementioned examples in their effects), both the tour operator and the customer can cancel the contract. If the right to cancellation is used, the tour operator can require reasonable compensation for travel services already performed or to be performed in order to end the trip.
The tour operator is obligated to taking the necessary measures in order to transport the travellers back in particular should the travel contract include the return transportation. Each party is to bear half of the additional expenses for the return transportation. Other additional expenses are to be borne by the travellers.
11. Liability of the Tour Operator
The tour operator is liable in the scope of the due diligence of an orderly business person for conscientious trip preparation, the careful selection and supervision of the service providers, the correctness of the description of services, and the orderly provision of the contractually agreed travel services with consideration for the respective norms in the town and country.
The tour operator is liable for its own culpability as well as that of persons entrusted with providing services, but, however, only in the case of petty negligence of the tour operator, the commissioned assistants, or other responsible persons. Decisive for the assessment of possible culpability are the regulations valid at the place of performance.
If transportation is provided by public transportation in the scope of a trip or in addition to it and the customer is issued a corresponding ticket for this, the tour operator is providing a contracted service in this regard if it explicitly refers to this in the advertisement and the trip confirmation. Therefore, it is not liable for the provision of the transportation service itself. Possible liability in this case is solely regulated by the conditions of transport of this third-party company. The customer is expressly referred to these and they will be made available to him upon request.
Outings, tours, special events, etc. that are not expressly included in the description of services are to be booked by the customer himself at the holiday destination. They are not in the area of responsibility of the tour operator.
12. Limitation of Liability
The contractual liability of the tour operator for damages that are not bodily damages or damages to health is limited to three times the price of the trip insofar as the damage to the customer was neither intentional nor grossly negligent or insofar as the tour operator is only responsible for damages arising for the customer solely on account of the culpability of a service provider.
In the case of tort liability for all claims for damages of the customer for impermissible actions that are not bodily damages or damages to health, the liability of the tour operator is limited to 4000.00 euros per participant and trip or, if the trip price of the participants exceeds 1300.00 euros, triple the amount of the trip price.
In connection to this, it is recommended that the customer conclude a travel accident insurance and luggage insurance policy.
In the case of trips with particular risks, e.g. those with the character of an expedition, the tour operator assumes no liability in regards to these risks (e.g. execution of the program as planned). The tour operator is also not liable for accidents that can happen, for example in aviation, use of off-road vehicles, cars, mini-busses, boats, rafts, etc. or accidents or sicknesses in connection to expeditions, viewings, etc.
Program parts such as hikes, mountain climbing, swimming, sports of all kinds, as well as actions with similar risks are taken part in by the customer at his own risk. Liability on the part of the tour operator in this regard is excluded.
A claim for damages against the tour operator is limited or excluded insofar as a claim for damages against the service provider can only be made under certain conditions or with certain limitations or is excluded under certain conditions on the basis of international conventions or on legal regulations pertaining to such that are to be applied to the services to be performed by a service provider.
13. Warranty
- Remedy
If the trip is not provided in a contractual way, the traveller can require a remedy. The tour operator can refuse to provide the remedy insofar as it requires an unreasonable effort. The tour operator can provide the remedy in the form of a replacement service with the same value.
The determination for a period for the remedy is not necessary if the remedy is impossible, the tour operator refuses to provide the remedy, or if the immediate cancellation of the contract is justified by the particular interest of the traveller. The customer owes the tour operator the part of the trip price for the services used insofar as the customer was interested in these services. - Reduction of the Trip Price
The traveller can demand a reduction of the trip price for the length of a non-contractual provision of the trip. In this case, the trip price is to be reduced by the relationship between the value of the trip free of defects at the time of the sale and the actual value. The reduction is excluded if the traveller culpably failed to announce the defects in a timely manner. - Termination of the Contract
If a trip is significantly compromised as a consequence of a defect and the tour operator does not provide a remedy within a reasonable period, the traveller has a right of cancellation in the scope of the statutory provisions. This applies correspondingly if the trip cannot be expected of the traveller as a consequence of an important reason, which must be recognisable for the tour operator. - Damages
Irrespective of the reduction or cancellation, the traveller can also claim damages on account of non-fulfilment. This does not apply insofar as the defect in the trip is based on a circumstance for which the tour operator is not responsible.
14. Duty to Cooperation / Notice of Defects
The traveller is obligated to cooperating in the case of impairments of performance in the scope of the statutory provisions in order to avoid possible damages or keep them as small as possible.
In particular, this includes that the traveller informs the local agency, tour guide, or other suitable office of the objection without delay. If the customer culpably fails to comply with this duty to cooperate in that he does not report the defect, the claim to reduction is dropped.
Damages to luggage are to be reported to the transport company immediately after they are discovered for the exercising of claims.
15. Exclusion of Claims and Time-Barring
Claims on account of non-contractual provision of the trip are to be made by the customer within 1 month after the contractually foreseen end of the trip. The claim can only be made at:
ITC GmbH My Seychelles, Lohbachstr. 12 in 58239 Schwerte
Making a claim towards another office is not adequate for observance of the time limit. In particular, the tour guide, service providers, or other representatives are not authorised to accept registrations for claims.
Authoritative for making the claims is the day of receipt at the tour operator (sect. 187 para. 1 German Civil Code, sect. 193 German Civil Code).
After expiry of the deadline, claims can only be made if the customer proves that he was hindered from observing the deadline by no fault of his own. Claims from the travel contract become time-barred 1 year after ending the trip.
16. Passport, Visa, Customs, Foreign Currency, and Health Regulations
The tour operator is responsible for informing citizens of the country in which the trip is offered about passport, visa, customs, and health regulations and possible changes to them before the beginning of the trip. For citizens of other countries the competent consulate shall provide information.
Insofar as the tour operator is responsible, the customer shall receive the information with the booking confirmation.
The tour operator is not liable for the timely issuance and access to possibly necessary visas by the respective diplomatic representatives. This also applies if the traveller has commissioned the tour operator with their obtainment unless the tour operator is responsible for the delay. The traveller is responsible himself for compliance with all important regulations for execution of the trip.
All disadvantages, in particular the payment of withdrawal expenses, that arise from non-compliance with these regulations are to be borne by the customer insofar as they are not on account of culpably incorrect or missing information on the part of the tour operator.
17. Tour Guide
Naming a particular tour guide is non-binding in regards to the particular person who is the tour guide. A change of tour guide is not a reason for the cost-free rescission of the travel contract.
18. General
Changes to these general terms and conditions of travel and the correction of mistakes, printing, and calculating errors are reserved.
19. Severability Clause
The invalidity of individual provisions of the travel contract as well as of these general terms and conditions does not result in the invalidity of the contract as a whole. The legal regulations come into effect in the place of the possible invalid regulations.
20. Statutory Provisions
Otherwise, the statutory provisions apply, in particular the regulations of the German Travel Contract Law in the sense of sect. 651 a et. seq. of the German Civil Code.
21. Jurisdiction
The jurisdiction of the tour operator is its domicile. Suits against the tour operator are to be filed there.
For suits of the tour operator against the traveller, the residence of the traveller is authoritative. This does not apply if the suit is against fully qualified merchants or persons who moved their residence or regular whereabouts abroad after conclusion of the contract, or whose residence or regular whereabouts are unknown at the time of the filing of the suit. In these cases the domicile of the tour operator is the jurisdiction.
