General terms and conditions

§ 1. Basis of the travel contract

The travel contract is based on the travel description and additional information provided by the tour operator for the specific trip, provided the traveler has this information at the time of booking.

With the booking the traveler offers the tour operator the conclusion of a travel contract. The contract is concluded upon receipt of the booking confirmation (declaration of acceptance by the tour operator). Acceptance is possible without any formality.

Immediately after acceptance, the tour operator will send the traveler a travel confirmation in text form, electronically or in writing.

§ 2. non-assignment clause

  1. The traveler may not assign his claims for disruption of performance and claims for damages from the travel contract to third parties.
  2. An assignment to fellow travelers or travel group members is permitted.
  3. Notwithstanding § 2 I, the traveler can declare on a permanent data carrier within a reasonable period prior to the start of the journey that a third party enters into the rights and obligations arising from the package tour contract instead.

§ 3. Right of withdrawal of the traveler before departure

  1. The traveler can withdraw from the contract at any time before the start of the trip.
  2. If the traveler withdraws from the contract, the tour operator loses the right to the agreed tour price.
  3. The tour operator can demand appropriate compensation. The amount of the compensation is determined by the travel price less the value of the expenses saved by the tour operator and what he earns by using the travel service elsewhere (concrete calculation). At the passenger's request, the specific calculation will be explained in more detail.
  4. The tour operator has the right to charge a flat-rate fee (flat-rate calculation). In this respect, the tour operator has the right to choose whether to make a specific compensation or a lump-sum compensation. The lump sum amounts to
    1. up to 61 days before departure: 20% of the tour price
    2. 60 - 35 days before departure: 50% of the tour price
    3. from 34 days before departure: 80% of the tour price
      In addition to the time of withdrawal and the amount of the travel price, the expected saved expenses and the expected purchase through other use of the travel service were taken into account in the lump sum.

  5. The traveler has the right to prove a lower or no damage at all.
  6. Compensation is excluded if the tour operator is responsible for the cancellation.
  7. The tour operator may not claim compensation if unavoidable exceptional circumstances occur at or in the immediate vicinity of the destination which significantly impair the performance of the package tour or the transport of persons to the destination. Circumstances are unavoidable and extraordinary for the purposes of this subtitle if they are not under the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.

§ 4. limitations of liability

  1. The liability of the tour operator for damages which are not physical injuries is limited to three times the price of the trip, as far as damage of the traveler is not culpably caused.
  2. Possible claims under international law remain unaffected.
  3. If § 4 I does not apply, liability for damages is excluded. 4 III sentence 1 - i.e. the exclusion of liability - does not apply if there has been a grossly negligent or intentional breach of duty or if it is a matter of injury to life, body and/or health.
  4. The traveler is aware that German law can take into account the traveler's contributory negligence in the question of the tour organizer's liability for the damage in favor of the tour organizer. A contributory negligence exists in particular in the case of deliberate self-endangerment of the traveler.
  5. If the traveler is entitled to compensation from the tour operator or reimbursement of an amount overpaid as a result of a reduction, the traveler must take into account the amount received as compensation or reimbursement as a result of the same event as a result of a reduction in accordance with international agreements or legal provisions based on such agreements or in accordance with the following provisions
    1. Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. 1),
    2. Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations (OJ L 315, 3.12.2007, p. 14),
    3. Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (OJ L 131, 28.5.2009, p. 24),
    4. Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 on the rights of passengers in maritime and inland waterway transport and amending Regulation (EC) No 2006/2004 (OJ L 334, 17.12.2010, p. 1) or
    5. Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 on rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1).

§ 5. Payment of the travel price

  1. Travel agents or tour operators may only demand or accept payments on the tour price before the end of the trip if an effective customer money insurance contract exists or, in the cases of § 651s BGB, the tour operator provides security according to § 651s and the traveler clearly, the name and contact details of the customer money insurer or, in the cases covered by § 651s, the name and contact details of the institution providing insolvency protection and, where appropriate, the name and contact details of the competent authority designated by the State concerned.
  2. The remaining price payment is due 4 weeks before the start of the trip, provided that the conditions specified in § 5 I are fulfilled.
  3. If the traveler is in arrears with the down payment or the balance, the tour organizer can withdraw from the travel contract after issuing a reminder and setting a deadline. The traveler bears the cancellation costs as described under § 3 III - IV.

§ 6. Cancellation by the tour operator due to failure to reach the necessary minimum number of participants and due to exceptional circumstances

  1. If the necessary minimum number of participants is not reached, the tour operator can withdraw from the travel contract, provided that
    1. the prospectus quantifies the specific minimum number of participants, and cumulatively
    2. the specific date in the prospectus by which the notice of withdrawal must be received by the traveler at the latest and cumulatively
    3. indicate in the travel confirmation the minimum number of participants and the latest cancellation period

  2. Should it become apparent at an earlier point in time that the minimum number of participants will not be reached, the tour operator will immediately exercise his right of withdrawal. In all other respects, the following deadlines shall apply for the exercise of the declaration of rescission:
    1. at least 20 days before the start of the trip for a duration of more than six days
    2. at least 7 days before the start of the trip for a duration of at least 2 and at most 6 days, - at the latest 48 hours before the start of the trip for a duration of less than 2 days

  3. If the trip is not carried out for the above-mentioned reason, the traveler will immediately receive his payments back on the tour price, at the latest within 14 days.
  4. The tour operator can withdraw due to unavoidable, extraordinary circumstances, if these circumstances lead to the fact that the tour operator cannot fulfill the travel contract.
  5. If the trip is not carried out for the above-mentioned reason, the traveler will immediately receive his payments back on the tour price, at the latest within 14 days.

§ 7. bail

To secure civil liability claims of the tour operator against the traveler, the traveler deposits a deposit of 5,000.00 € at the beginning of the trip. This deposit will be returned to the traveler within 4 weeks after the end of the trip, provided that the purpose of the security has ceased to apply.

§ 8. Applicable Law

The law of the FRG is applicable.

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