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Travel Conditions
The holiday contract
that the applicant submits to the tour operator with his booking form is
binding and is completed by the acceptance from the tour operator. The
booking can be made by writing, by word of mouth or by telephone. The same
requirements also bind the accompanying persons named in the booking form,
for whom the applicant takes responsibility, in as much as he has agreed to
take this extra responsibility. The acceptance needs not to be in an
particular form. Should the content of the holiday agreement differ from the
content of the booking form, there will be a new offer by the travel operator
to which he will be bound for the period of 10 days The contract is then
based on the new offer, provided the applicant confirms his acceptance within
the stipulated 10 days. 2. Payment
Having booked the
holiday and received confirmation from us together with the holiday price
security certificate (voucher), a deposit of 10% must be paid (max. 250,- €
per person). The full holiday price must then be received by the operator no
later than 45 days before the start of the holiday. Short notice booking
received less than 45 days before the holiday begins must be payed for as
soon as the applicant has delivery of the price security certificate (voucher). 3. What we offer
The full extent of our
offers can be seen in the holiday operators description of them as well as
from the relevant details given in the holiday acknowledgement. Supplementary
agreements which change any part of the contracted offers will require
special confirmation. 4. Change of offers
Bone fide changes to
the agreed holiday details which are necessary after completion of the
contract, and which the operator also considers are presented in good faith,
are allowed only when the changes or deviations are not considerable and the
overall plan for the booked holiday is not drastically altered. 5. Cancellation by the customer, Substitution
The customer may cancel the holiday in writing at any time before the start of the holiday. Decisive is - also with a telephone booking - the notification receipt of the cancellation declaration by the operator. We recommend you cancel the holiday by sending us a letter. In this case the following cancellation charges, flat rate per person booked, are due:
- up to 45 days before holiday start date 15% of holiday costs - from 44 to 30 days before holiday start date 50% of holiday costs - from 29 days before holiday start date 85% of holiday costs.
If the reason for
cancellation allows the operator to replace this with another booking from
the 44th day before the holiday start, the holiday price minus 15% will be
refunded. We recommend you taking out a cancellation protection insurance
covering unforeseen travel circumstances. It is up to the holiday applicant
to see that the holiday operators costs are the lower of the flat rate
charges incurred above. 6. Cancellation and withdrawel by the holiday operator
The operator can withdraw from the contract before the beginning of the holiday, or cancel the contract after the beginning of the holiday, in the following cases:
a) Not meeting a deadline:
If the holiday applicant hinders the processing of the holiday by not heeding the operators instructions, or if the applicants attitude or behaviour is not compatible with the contract, which then must be immediately annulled. In these circumstances the operator is entitled to claim damages with regard to the holiday cost. He must then balance the the firat person´s contribution with the saving from using the property for another customer.
b) Up to 4 weeks before start of the holiday:
by not reaching a
written or officially commited minimum number of persons that differs from
the minimum number of persons declared in the holiday form. In each case the
operator is required at the beginning to inform the applicant immediately of
the reason of stopping further processing of the application. The customer
will receive a refund of the total cost payed in. After this no further
demands on the customer will be met. 7. Responsibilities of the Holiday Operator
7.1 The holiday operator accepts responsibility in matters of general care and attention expected of a bonefide business person for:
7.2 The holiday
operator accepts responsibility for any mishap occurred by persons entrusted
with the arregements. 8. Limits of Responsibility
Guranteed responsibility for claims is in accordance with regulations that are subject to § 651 c ff BGB.
8.1 The liability of the holiday operator is limited to three times the cost of the holiday so far as damage to the customers property is caused neither deliberate nor through culpable negligence or so far as the holiday operator is responsible for a damage solely caused through the fault of one of the responsible persons; this limited liability does not apply to bodily damage.
8.2 The operator takes no responsibility for indulgences merely ad hoc arranged (e.g. sport events, theatre visits, exhibitions and so forth) and those that specifically mentioned in the holiday description as third party sub-contractors, unless these circumstances are due to faults of the operator.
8.3 A claim for damages against the holiday operator is limited or excluded due to legal regulations which have to be applied to standards which the operator has to adduce; a claim for compensation can only be asserted under special conditions or restrictions or - under special prerequisites - has to be excluded.
9. Participation responsibility of the holidaymaker
In the likely event of an interruption of our services the holidaymaker is required to make his complaint known immediately. The holiday operator or his representative is obliged to help and to take remedial action as far as it is possible.
10. Legal Requirements
The holiday contract is in general subject to regulations of the BGB, § 651 a ff. BGB.
11. Ineffectiveness of single Requirements
The ineffectiveness of single requirements of the holiday conditions and of the contract does not follow the ineffectiveness of the remaining requirements.
12. Court of Jurisdiction is Frankfurt am Main
Holiday Operator: Stefania Canali Back with the "Back" button of your browser
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