Terms and Conditions for Travel Package Offers by Europastadt GörlitzZgorzelec GmbH

Transcription

1 Terms and Conditions for Travel Package Offers by Europastadt GörlitzZgorzelec GmbH The following terms and conditions shall apply to legal relationships between the participant in the travel package (hereinafter the Traveller ) and Europastadt GörlitzZgorzelec GmbH (hereinafter EGZ ): 1. Conclusion of contract 1.1 When submitting their booking form (travel reservation) the Traveller offers EGZ the conclusion of a binding travel contract. The travel contract will become binding for EGZ when EGZ confirms the booking and the price of travel to the Traveller (booking confirmation). An electronic confirmation of receipt sent by EGZ in reply to an electronic booking made by the Traveller shall not constitute a booking confirmation as defined above. 1.2 A Traveller who makes the registration shall be considered as also booking the travel package offer for the other participants listed therein, provided that the Traveller has declared separately and explicitly to take responsibility for the contractual obligations of such participants, as well as for their own. 1.3 The Traveller shall receive a written travel confirmation upon or immediately after conclusion of the travel contract, which contains all relevant details about the travel services booked. A written travel confirmation shall not be necessary when the booking of the Traveller (No. 1.1) comes in less than seven working days before departure. If the travel confirmation differs from the booking, EGZ shall be bound by its new offer for a period of 10 days. The travel contract shall then be based on the new offer if the Traveller accepts such an offer within this period. The Traveller may also tacitly accept the offer, for example by making a down payment or the final payment. 2. Payment Upon conclusion of the contract and after issuance of a tour operators bond (Sicherungsschein) pursuant to 651k of the German Civil Code (Bürgerliches Gesetzbuch BGB), EGZ as the tour operator may demand a down payment which

2 will be offset against the travel package price. The amount of the down payment shall depend on the services booked and listed under the travel package details. Details about the down payment shall be listed on the booking confirmation/invoice and it shall become payable immediately after receipt by the Traveller of the booking confirmation/invoice. The final payment shall also be listed in the booking confirmation/invoice and shall become payable 30 days before departure unless no other payment date has been arranged. If the Traveller books a package less than four weeks before departure, the full price of the travel package shall become payable immediately after receipt by the Traveller of the tour operators bond for the insurance pursuant to 651k of the German Civil Code. Receipt of a tour operators bond pursuant to 651k of the German Civil Code shall not pose a condition for payability in cases where EGZ has no legal obligation to provide insolvency cover for the customer. This shall apply in particular in cases where the trip booked comprises less than 24 hours, does not include accommodation and the price of the travel package does not exceed 75 Euros. 2.2 If the Traveller is in default of payment, EGZ shall be entitled to withdraw from the travel contract. In such case, EGZ shall furthermore be entitled to claim a cancellation fee pursuant to No. 4 of these Terms and Conditions for Travel Package Offers. The Traveller shall not be deemed to be in default of payment in cases where the Traveller is entitled to refuse payment, for example because EGZ is unable to provide the travel services booked or because a substantial travel deficiency has occurred. 3. Scope of services 3.1 The individual travel services provided by EGZ are described in detail in the booking confirmation. The booking confirmation may also contain references to information from catalogues, flyers, the internet, etc. Only the description given by EGZ shall be decisive. Any third party assurances or confirmations, especially by service providers, shall be irrelevant for the subject matter of the travel contract and shall not be binding for EGZ.

3 3.2 If the Traveller fails to claim individual travel services for reasons that belong to the Traveller s sphere of responsibility (for example in case of premature departure), the Traveller shall not be entitled to a refund of parts of the price of the travel package. In cases where the scope of unclaimed services is considerable and in particular in cases where cost savings result for the service provider, EGZ shall make efforts to get a partial refund from the service provider and pass on such refund (if granted) to the Traveller. EGZ shall be entitled to deduct the cost caused by such efforts from the refund. 3.3 Changes and amendments of individual travel services that become necessary after conclusion of the travel contract shall be permissible as long as such changes and amendments were not caused in bad faith by EGZ, are not substantial and do not adversely affect the overall concept of the travel package. EGZ shall inform the Traveller immediately of any such changes or amendments. 4. Cancellation by the Traveller prior to departure; reimbursement 4.1 The general legal regulations ( 651i of the German Civil Code) shall apply for cancellations by the Traveller prior to departure. Pursuant to these regulations, EGZ shall be entitled to claim an adequate compensation in case of cancellation, which shall be determined on the basis of the price of the travel package less the expenditures saved for services not rendered and the benefits from the utilization of travel services for other purposes. EGZ shall be entitled to either claim a concrete amount or a lump sum payment of a percentage of the price of the travel package as compensation. 4.2 If EGZ decides in favour of claiming a lump sum, the compensation to be paid by the Traveller shall be determined as follows (percentages relating to the price of the travel package as stipulated): For day trips and package offers: Cancellation - up to 21 days prior to departure no compensation - between the 20 th and the 8 th day prior to departure 30 %

4 - from the 7 th day before departure until the day of departure or upon no-show 50 % For travel packages of several days: Cancellation - up to 30 days prior to departure no compensation - from the 29th day before departure until the day of departure or upon no-show 50 % Special conditions for groups (at least 10 individuals; travel packages of several days and events over several days, accommodation): Cancellation - up to 30 days prior to departure 15 %, but at least Euros, - between the 29th and the 22nd day prior to departure 30 % - between the 21st and the 15th day prior to departure 50 % - between the 14th and the 8th day prior to departure 60 % - between the 7th and the 2nd day prior to departure 80 % - from the last day prior to departure until the day of departure or upon no-show 90 % for each person less than the minimum number of participants. The day of receipt by EGZ of the cancellation notice shall be decisive for determining the compensation. Compensation according to the rules listed above shall also become payable if the Traveller fails to appear at the time listed in the travel confirmation at the point of departure or when the Traveller cannot travel because of missing or incomplete travel documents (such as passport or required visa), provided that such documents are missing or incomplete for reasons for which EGZ is not responsible. 4.3 The Traveller shall be free to provide evidence that the expenditures saved by or the benefit to EGZ from the utilization of unclaimed services for other purposes was higher than the amounts taken into consideration in calculating the lump sum.

5 4.4 We recommend that the Traveller should take out travel cancellation expenses insurance. We also recommend that the Traveller should make any possible cancellation notices in writing. 5. Substitutes / rebooking 5.1 The general statutory regulations ( 651b of the German Civil Code) shall apply for the entry into the contract of a third party substitute. Pursuant to these regulations, the Traveller shall, until the day of departure, be entitled to demand that a third party shall enter into the rights and obligations under the contract instead of the Traveller. EGZ may object to such substitution if the substitute does not meet the special requirements of the travel package or when participation of the substitute runs counter to statutory regulations or official injunctions. 5.2 The third party and the Traveller shall be jointly and severally liable to EGZ for the price of the travel package and for the additional costs caused by such substitution. Such additional costs shall be limited to the lump sum of Euros. The Traveller shall be free to provide evidence that the additional costs accrued for EGZ were indeed lower. 5.3 If rebookings (= changes of date of travel, destination, place of departure, accommodation or transportation) are made upon request of the Traveller, EGZ shall be entitled to charge a rebooking fee of Euros. The Traveller shall have no legal right to have a rebooking made. Unless such changes cause only marginal expenses, no rebookings will be made from the 31 st day before departure onward. In the case of change requests occurring from the 31 st day before departure onward, the Traveller shall be free to cancel the package pursuant to No. 4 and to rebook. The legal consequences pursuant to No. 4 shall apply. 6. Termination for good cause by EGZ 6.1 EGZ shall be entitled to terminate the contract without notice for good cause, after issuance of an unsuccessful warning, if the Traveller or another participant pursuant to No. 1.2 has such a lasting negative impact or breaches the contract in such a way, as to render the continuation of the contract unacceptable for EGZ after taking into account the special circumstances of the particular case and taking into

6 account the interests of both sides. In the event of such termination, EGZ shall nevertheless retain its entitlement to payment of the price of the travel package. Expenditures saved by the premature termination of contract, benefits from the utilization of unclaimed services for other purposes and possible refunds from service providers shall be offset in favour of the Traveller. Possible additional costs for the return transport shall be borne by the Traveller. 6.2 Up to 4 weeks before departure, EGZ shall be entitled to withdraw from the travel contract if the minimum number of participants listed in the travel description cannot be reached. EGZ shall inform the Traveller if it becomes obvious at an earlier date that the minimum number of participants will not be reached. EGZ shall send out the cancellation notice to the Traveller immediately. Payments already made shall be returned immediately to the Traveller. EGZ shall have no right of cancellation under this No. 6.2 if it is or was responsible for the reasons leading to such cancellation. 7. Force majeure The statutory regulations of 651j of the German Civil Code shall apply for cancellation of the travel contract because of force majeure. The regulation reads: (1) If the travel package is substantially obstructed, jeopardised or impaired as the result of force majeure not foreseeable when the contract was entered into, then both the travel organiser and the Traveller may terminate the contract merely under this provision. (2) If the contract is terminated under subsection (1), then the provisions of section 651e (3) sentences 1 and 2 and 651e (4) sentence 1 apply. Extra costs for return transport are to be borne by the parties one-half each. Apart from this, extra costs are borne by the Traveller. Though EGZ shall lose its entitlement to the price of the travel package pursuant to 651j, para. 2 of the German Civil Code, it shall nevertheless be entitled to claim an adequate compensation for its services. The legal regulations regarding the expenses of return transport shall only apply when this was agreed as such and when EGZ is therefore responsible for the return transport.

7 8. Warranty 8.1 The statutory regulations of 651c to 651g of the German Civil Code regarding the rights of the Traveller shall apply in case of non-provision or impaired provision of the travel services by EGZ. The Traveller shall be entitled to demand relief pursuant to 651c of the German Civil Code, claim a reduction on the price of the travel package pursuant to 651d of the German Civil Code, cancel the travel contract pursuant to 651e of the German Civil Code and claim damages pursuant to 651f of the German Civil Code. 8.2 The Traveller shall have no right to a reduction of price pursuant to 651d of the German Civil Code to the extent that the Traveller culpably fails to notify the organizer of such travel deficiency. Such notification must be submitted to EGZ; its address and contact details are listed at the end of these Terms and Conditions for Travel Package Offers. This means that a mere notification of the service provider or other third party will not suffice. 8.3 Prior to termination of the travel contract for defect (pursuant 651e of the German Civil Code), the Traveller shall specify a reasonable period of time in which EGZ may provide relief; such period need not be specified if relief is not possible or if EGZ refuses to provide relief or if it is required to immediately terminate the contract because of a particular interest of the Traveller. 8.4 Pursuant to 651g para 1 of the German Civil Code, the Traveller must assert any claims against EGZ pursuant to No. 8.1 within one month after the contractual end of the travel package (cut-off period). Address and contact details of EGZ are listed at the end of these Terms and Conditions for Travel Package Offers. In their own interest (by way of proof), Travellers should assert any such claims in writing. After the end of the cut-off period, the Traveller may only assert claims when the Traveller was prevented from complying with the cut-off period through no fault of their own. 9. Liability of EGZ 9.1 The contractual liability of EGZ for damages apart from personal injuries shall be limited to an amount that equals three times the price of the travel package,

8 a) to the extent that damage suffered by the Traveller is neither caused intentionally nor gross-negligently by EGZ or b) to the extent that EGZ is responsible for damage suffered by the Traveller merely due to the fault of a service provider. 9.2 The liability of EGZ for damages to property shall also be limited to an amount that equals three times the price of the travel package in cases of tort not caused intentionally or gross-negligently. 9.3 The maximum liability coverage shall apply per Traveller and travel package. 9.4 If third party services are expressly and recognizably tagged for the Traveller in the travel details and/or the booking confirmation as not being part of the travel services provided by EGZ and if these documents state the parties responsible for the provision of such services (e.g. day trips, sports events, theatre visits, exhibitions, etc.), EGZ shall not be liable for faults or personal damages or damages to property in connection with such services. 10. Limitation period Notwithstanding 651g para 2 of the German Civil Code, contractual guarantee claims (No. 8.1) shall be subject to a limitation period of 1 year from the day of the contractual end of the travel package. Claims for damages from tort shall become statute-barred after the limitation periods stipulated in the applicable statutory regulations. If there are pending negotiations between the Traveller and EGZ, concerning any claim or the circumstances substantiating any such claim, the limitation of actions shall be suspended until the Traveller or EGZ refuses a continuation of the negotiations. Such claims shall become statute-barred at the earliest 3 months after the end of the suspension period. 11. Assignment The assignment of claims of the Traveller against EGZ to any third parties shall require the consent of EGZ. Family members who participate in the travel package shall be excepted from this rule.

9 12. Passport, visa and health regulations 12.1 EGZ shall notify Travellers who are German citizens prior to their signing of the travel contract about essential passport and visa requirements, including deadlines for the receipt of such documents, as well as about obligatory health formalities. Residents of other states should consult their consulate or embassy to gain the respective information The Traveller shall be responsible for procuring the required travel documents. If the Traveller cannot participate in the travel package because of missing or incomplete travel documents, the Traveller shall bear all disadvantages resulting therefrom and in particular the cancellation fees which EGZ shall be entitled to claim pursuant to No. 4. The previous sentence shall not apply if the unavailability of travel documents was caused by improper information provided by EGZ. 13. Privacy We notify the Traveller herewith, pursuant to 33 para 1 of the German Data Protection Act (Bundesdatenschutzgesetz BDSG), that personal data provided to EGZ will be stored in computer-readable form and computer-processed for contractual matters. The Traveller herewith declares their consent with such data storage. 14. Concluding terms 14.1 The current or future invalidity of individual terms and conditions of these Terms and Conditions for Travel Package Offers shall have no influence on the effectiveness of the remaining terms and conditions of the travel contract The travel contract and its execution shall be exclusively construed and governed by the applicable laws of the Federal Republic of Germany Any claims and actions arising under the travel contract shall be settled before a competent court in Görlitz and the place of performance of the travel contract shall also be Görlitz, provided that the Traveller is a merchant or that the Traveller s place of general jurisdiction is located outside Germany or that the Traveller is a foreign resident or has moved their habitual residence after conclusion of the travel contract

10 outside of Germany. In all other cases, the applicable statutory regulations shall apply concerning the place of performance and the competent court for any disputes arising hereunder. The previous Terms and Conditions for Travel Package Offers shall apply to the tour organiser: Europastadt Görlitz-Zgorzelec GmbH Brüderstraße 1, Görlitz, Germany Phone: 0049 (0) Fax: 0049 (0) Registered in the register of companies: Local Court Dresden (Amtsgericht), HRB Director: Lutz Thielemann Credits: Published by: Europastadt Görlitz-Zgorzelec GmbH, eine Gesellschaft der Stadt Görlitz Photos: Schreyhals und Spielemann, Dietmar Berthold, Hans-Peter Berwig, Theater Görlitz, Schlesisches Museum, Staatliches Museum für Naturkunde Görlitz, Kulturhistorisches Museum Görlitz, tourist services providers, Christoph Münch, Sabine Wenzel, Roswitha Hennig, Görlitz City Administration, Barockschloss Rammenau, Markenverbund Via Sacra (R.E. Pech, V. Heinz, V. Bachschneider, W. Schmidt), Ulrich van Stipriaan February 2008 Subject to change.