1. Conclusion of a travel contract
1.1 A customer's booking is a binding offer for the conclusion of a contract with the tour operator.
1.2 A booking can be made in written form or verbally (in person or on the phone). The person making the booking books a service for all participants listed in the booking and is responsible for his and their contractual commitments if he has taken on a corresponding seperate commitment in an explicit seperate agreement.
1.3 A contract comes about through the acceptance (of a booking) by the tour operator. This acceptance does not require any special form. On or immediately after the conclusion of a contract the tour operator will issue a travel confirmation to the customer.
1.4 If the content of the travel confirmation differs from the the content of the booking, the tour operator is bound to this new offer for the duration of ten days. A contract on the basis of the new offer is concluded if the customer (traveller) declares his acceptance of the offer to the tour operator during the period stipulated.
2. Payment
2.1 Payments towards the travel price before the completion of the tour may only be made against the handing over of a security note according to the spirit of § 651 k par. 3 BGB. On conclusion of a contract a deposit of 15 % can be demanded. The rest of the payment is to be settled 3 weeks before tour start or at the latest against receival of the travel documents provided that the tour cannot be cancelled on the basis of reasons mentioned in 7.2 or 7.3.
2.2 For tours lasting less than 24 hours, not including an overnight stay and not costing more than EUR 75,- the full price can be demanded without handing over a security note.
3. Services
The services in the contract are according to the services described in the brochure/catalogue referred to in the travel confirmation.
The details in the brochure/catalogue are binding for the tour operator. The tour operator can change travel details and will inform the traveller before conclusion of the contract of the change.
4. Service changes
4.1 Alterations and divergences of individual services that become necessary after the conclusion of a contract and were not caused by the tour operator against good faith are only permissable if they are not considerable and do not affect the general design of the tour.
4.2 Possible guarantee claims remain untouched, as far as the changed services are faulty.
4.3 It is the tour operator's duty to inform the customer without delay about service changes or divergences. If need be the customer is offered a rebooking or withdrawal free of charge.
4.4 In the case of a considerable change of a major service the traveller has the right to withdraw from the contract free of charge or to demand participation in a tour of at least the same value if the tour operator is able to offer such a tour from his offer without any extra costs for the traveller. The traveller has to assert his rights immediately after being informed of the service change by the tour operator.
5. Rescission through the customer, re-booking, substitutes
5.1 The customer can withdraw from the contract at any time before the start of the tour. The date of receipt of the withdrawal by the tour operator is decisive. Written withdrawals are recommended.
5.2 If the customer withdraws from the contract or does not begin his tour, the tour operator can ask for reimbursement for the taken travel precautions and expenditures. Usually saved expenditures and usually possible further employment of services are to be taken into account when calculating the reimbursement.
5.3 The tour operator can estimate his claim for reimbursement at a flat rate in percentages of the tour price, considering the following guidelines concerning the time of withdrawal in relation to the start of the tour as stated in the contract.
Standard rates:
30 days and more before beginning the journey 25 %
29 to 22 days before beginning the journey 30 %
21 to 15 days before beginning the journey 40 %
14 to 7 days before beginning the journey 50 %
6 days to 1 day before beginning the journey 80 %
Failure to begin the journey 90 %
If a tour including tickets for a cultural event/performance is cancelled by a customer, the cancellation of the tour includes the participation in the cultural event/performance as well. If the tickets cannot be resold, the price may be charged fully. For cultural events/performances the general terms of business of the relevant operators are valid. Changes of programmes do not entitle customers to cancel the other parts of the tour.
II. Holiday flats
45 days and more before beginning the journey 25 %
44 to 34 days before beginning the journey 50 %
33 days and less before beginning the journey 80 %
Failure to arrive 90 %
III. Groups
95 days and more before beginning the journey 10 %
94 to 31 days before beginning the journey 15 %
30 to 22 days before beginning the journey 25 %
21 to 9 days before beginning the journey 35 %
8 days to 1 day before beginning the journey 80 %
Failure to begin the journey 90 %
5.4 All types of travel not mentioned in clauses I to will be treated in the case of rescission according to the guidelines listed in the travel conditions.
It is the traveller's right to prove that no claim for reimbursement has arisen or that the reimbursement may be considerably lower than the flat rate.
5.5 If the dates, destination, place of start of the journey, accommodation or means of transport (of a tour that is according to the valid advertising) are changed on request of the customer (re-booking), the tour operator can charge EUR 25,00 per person as re-booking fee, providing the following deadlines are met.
I. Flight-package tours
1. Individuals 30 days and more before beginning the journey
2. Groups 95 days and more before beginning the journey
II. Boat/ship 50 days and more before beginning the journey
III. Bus/coach 22 days and more before beginning the journey
IV. Train 30 days and more before beginning the journey
V. Holiday flats 45 days and more before beginning the journey
5.6 Customer requests for re-booking after these deadlines have passed can, if at all possible, be only carried out after withdrawal from the contract according to clause 5.3 and simultaneous new booking. This rule does not apply if the request for re-booking causes only small costs.
5.7 The traveller can ask a third person to take over his rights and duties according to the travel contract at any time before beginning the journey. The tour operator can contradict to the entry of a third person if the substitute does not meet the criterias for the tour and is not legally permissioned to take part.
If a third person enters the contract, the original traveller and the substitute are together liable for the price of the tour and extra costs arising through this substitution.
5.8 If a customer withdraws, the tour operator can ask for reimbursement of the actually arisen extra costs.
6. Unclaimed services
If the traveller does not claim individual services because of early return journey or other compelling reasons, the tour operator will try to seek reimbursements for the saved expenditures from the relevant operator. This does not apply if the unclaimed service is insignificant or if legal or official regulations do not allow for reimbursement.
7. Rescission and termination through the tour operator
The tour operator can withdraw from the travel contract before the beginning or after the start of a journey for the following reasons:
7.1 Without notice
The tour operator can terminate the contract without notice if a traveller continues to disrupt a tour considerably despite being cautioned or behaves to such an extent in breach of contract that the annulment of the contract is justified. In the case of termination through the tour operator, the tour operator remains entitled to the price of the tour. However, the tour operator has to let himself be charged for saved expenditures and advantages that he gains through other usage of the unclaimed services, including credited contributions from other operators.
7.2 Four weeks or more before beginning the journey
If the advertised or official minimum number of participants explicitly mentioned in the description of the tour (brochure/catalogue)is not reached. It is the tour operator's duty to inform the customer promptly as soon as the circumstances for the non-implementation of a tour occur and to forward the declaration of withdrawal immediately. The tour operator will return the paid travel fees without delay. Should it be clear earlier that the minimum number of participants can not be reached, the tour operator has to inform the customer of this fact.
7.3 Four weeks or more before beginning the journey
If after exhausting all possibilities the undertaking of a tour is not reasonable for the tour operator, because the amount of bookings is too low and the costs of undertaking the tour would mean exceeding the border of economic sacrifice. The tour operator's right to withdraw only exists if he is not responsible for the circumstances leading to the withdrawal (eg wrong calculation) and can prove that this is so and has offered the customer a comparable substitute tour.
If a journey is cancelled for this reason, the tour operator will promptly return the paid travel fees. In addition the booking costs will be reimbursed, provided the customer does not make use of a substitute tour.
8. Annulment of contract due to extraordinary circumstances
8.1 Both parties to the contract may terminate the tour contract because of impediment, endangering or considerable interference caused by unforseeable circumstances. If a tour is cancelled the tour operator can charge a compensation according for already delivered or not yet delivered services.
8.2 Further the tour operator is obliged to take necessary measures, especially, to arrange return transportation if this is part of the contract. The extra costs for return transportation are shared equally between both parties. Any further costs that should arise are paid for by the traveller.
9. Tour operator's liability
9.1 The tour operator is liable within the framework of the duty of care of a a fully qualified businessman for:
1. conscientous travel preparations;
2. the careful choice and control of the operators;
3. the correctness of the description of all mentioned travel services in the brochure/catalogue, as far as the operator has not advertised a change to the facts in the brochure/catalogue before the completion of a contract according to clause 3;
4. the proper delivery of the agreed upon travel services.
9.2 The tour operator is liable for faults of the person entrusted with the delivery of a service.
10. Guarantee
10.1 Remedy
If a tour is not according to the contract, the traveller can demand remedy. The tour operator can refuse remedy if disproportional expenditures would be necessary.
The tour operator can take remedial action by delivering a compensational service of the same value. The tour operator can refuse remedy if disproportional expenditures would be necessary.
10.2 Reduction of the tour price
The traveller can demand a reduction of the tour price for the duration of a not contractual delivery of a tour. The price of the tour is to be lowered in the relation, in which the worth of the tour in faultless state at the time of sale would have been to the real worth. If the traveller fails culpably to report the deficiencies directly to the tour operator he has no claim on a price reduction.
10.3 Termination of contract
If an interference to a tour is considerable and the tour operator does not take remedial action during a reasonable period of time, the traveller can withdraw from the contract within the framework of legal regulations - in his own interest and for the reason of securing evidence advisably in written form. The same regulation is valid if a tour is not reasonable for the traveller because of a fault that is obvious to the tour operator. A deadline for remedial action is set, except that remedy is impossible or refused by the tour operator or if the immediate termination of contract is justified by special interest of the traveller.
The traveller owes the tour operator the price of the claimed services, given that these were of interest to him.
10.4 Compensation
Regardless of reduction or termination the traveller can ask for compensation because of failed delivery of services, unless the fault of the tour is due to circumstances, for which the toperator is not responsible.
11. Limitation of liability
11.1 The contractual liability of damage that is not damage of the body is limited to the triple tour price
1. as long as the damage is not caused wilfully or through culpable negligence, or
2. as long as the tour operator is responsible for the damage caused to a traveller because of the fault of a service deliverer.
11.2 The operator is liable for all claims for compensation concerning damage to property caused through unpermitted acts, however, not wilfully and in culpable negligence, up to EUR 4.100,-. If the triple price of the tour is higher, the operator's liability is limited to the triple price. The maximal liability amount is understood per person per tour.
11.3 A claim for compensation is inasmuch limited or impossible, as international agreements or legal regulations referring to the former, applicable to services delivered by a service deliverer, can allow claims for compensation only under certain circumstances or with limitations or can exclude them under certain circumstances totally.
11.4 If the tour operator is in the position of a contractual air freight pilot, liability is regulated according to the requirements of the Air Traffic Act in conjunction with the International Agreements of Warsaw, The Hague and Guadalajara and the Montreal Agreement (only for flights to the USA and Canada). As a rule these agreements confine the liability of the air freight pilot for death or bodily injury as well as for losses and damage of luggage. Should the tour operator be service deliverer in other cases, he is liable according to the applicable regulations.
11.5 If on sea voyages/cruises the tour operator is in the position of a contractual ship owner, liability is regulated according to the requirements of the Code of Commercial Law (Handelsgesetzbuch) and the Inland Navigation Act (Binnenschiffahrtgesetz).
12. Duty to cooperate
12.1 It is the traveller's duty to cooperate within the framework of legal requirements, should service disruptions occur and to avoid or keep possible damage small.
12.2 The traveller is especially obliged to inform the local tour couriers of his complaints. The local couriers are instructed to take remedial action if this is possible. If the traveller fails culpably to report a fault, he has right to ask for reduction.
13. Suspention of claims and lapse
13.1 Claims resulting from not contractual tour delivery must be asserted within a month after the end of the journey stated in the contract. Once this period has passed, claims can only be made if the traveller could not keep to time through no fault of his own.
13.2 Traveller's claims are in lapse after one year according to §§651 c to 651 f BGB. Lapse starts on the last day of the journey stated in the contract. If there are pending negotiations/hearings between the traveller and tour operator about the claim or the circumstances justifying the claim, lapse is checked until the traveller or tour operator refuses to continue the negotiations/hearings. Lapse can occur at the earliest three months after the end of the check.
14. Passport, visa and health requirements
14.1 It is the tour operator's duty to inform citizens of the state where the tour is offered about the relevant passport, visa and health requirements as well as possible changes before the beginning of the journey. Citizens of other countries should contact the relevant consulate.
14.2 The operator is not liable for the timely granting of visas through the relevant diplomatic representation if the traveller entrusted him with the application for their visas, unless the tour operator is responsible for the delay.
14.3 The traveller himself is responsible for keeping all requirements necessary for the implementation of the tour. All disadvantages resulting from the traveller's failure to keep these requirements, especially the payment of withdrawal fees, are chargeable to the traveller, as long as they were not caused by culpable misinformation or lack of information through the operator.
15. Ineffectiveness of individual conditions
If one of the mentioned tour conditions should be ineffective, the validity of the whole travel contract is not effected.
16. Legal venue
The traveller can take the tour operator to court only at the tour operator's headquaters.
If the tour operator sues a traveller, the domicile of the traveller is decisive with the following exceptions: if fully qualified businessmen or persons are sued, who who have transferred their domicile or abode to another country (not Germany) after the conclusion of the contract, or whose domicile or usual abode is not known at the time of institution of proceedings. In these cases the legal venue of the tour operator is decisive.
Tour operator:
Compact tours GmbH
Prenzlauer Allee 180
10405 Berlin
Germany
Register of Companies: Berlin-Charlottenburg HRB 93315B
As at April 2004
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