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GENERAL BUSINESS AND TRAVEL CONDITIONS
Tourism Consulting TC GmbH - TourismConsulting.eu (BlaueReise.eu)
CONCLUSION OF THE TRAVEL AGREEMENT1.1 With your travel registration, the applicant offers the organizer TourismConsulting.eu the conclusion of a travel contract binding. The registration can be made in writing, verbally or by telephone. It is also carried out by the applicant in the name of all participants listed in the application, for whose contractual obligation the applicant is responsible as well as for his own obligations, provided he has accepted a corresponding obligation by express and separate declaration. The travel contract is concluded with the acceptance of the registration by TourismConsulting.eu. Acceptance requires no specific form. The travel applicant receives a written travel confirmation from TourismConsulting.eu. If the content of the travel confirmation differs from the content of the registration, there is a new offer from TourismConsulting.eu, to which TourismConsulting.eu is bound for a period of 10 days. The contract is concluded on the basis of this new offer, if the applicant within this period of the acceptance - also by conclusive behavior - explains.
1.2 For the arrangement of the trips organized by TourismConsulting.eu travel agents and booking offices are available to advise and register for these trips. These are not authorized to make deviating commitments from the travel conditions or the brochure statements. Requests specifically made by the customer must be expressly confirmed in writing by TourismConsulting.eu; otherwise they are not part of this travel contract.
PAYMENT2.1 Payments on the travel price before the journey may only be made against delivery of the security note in the sense of § 651k Abs.3 BGB. Within one week, the applicant will transfer the deposit shown on the travel confirmation / invoice (or the attached transfer slip). This is 20% (rounded up to full Euro) of the total bill. The costs for travel insurance are to be paid in full together with the down payment. The remaining travel price is to be paid 4 weeks before departure. If there are less than 28 days between booking date and travel date, the full travel price is due 10 days before the date of travel at the latest. If TourismConsulting.eu offers the possibility of direct debit payment and the applicant has given his written consent, the debits will be made from his account at the same time. For this purpose, the travel agency forwards the applicant's bank account to TourismConsulting.eu. The dispatch of the travel documents takes place after receipt of the payment.
2.2 If payment has not been received by 5 days prior to departure or for very short-term bookings, the travel documents will be deposited at the airport. TourismConsulting.eu is entitled to charge a service fee of 10 euros per transaction for the resulting additional costs.
2.3 Cancellation and rebooking fees as well as costs incurred are due immediately. 2.4 If no payment is made or if no suitable proof of payment is provided, the participant is not entitled to the provision of the travel service. In this case, the cost regulation in Section 5.1 shall apply accordingly.
3.1 The contractually agreed services are set out in the specifications in the brochure (eg catalog, flyer, Internet, fax special offers) and the information in the travel confirmation referring to this. In case of discrepancies between the service descriptions in the current catalog and a special offer, only the service description of the special offer applies if the traveler has booked for the lower-priced travel price of the special offer. The information contained in the prospectus is binding for TourismConsulting.eu. TourismConsulting.eu reserves the right, however, to declare a change to the brochure details for factually justified, substantial and unpredictable reasons, before the conclusion of the contract, about which the traveler will be informed prior to booking. Changes to the contents of the contract require express written confirmation by TourismConsulting.eu.
3.2 If an individual travel procedure is organized by TourismConsulting.eu at your request, the performance obligation of TourismConsulting.eu results exclusively from the corresponding concrete offer to you and the corresponding booking confirmation.
3.3 Service providers (eg seminar houses, agencies, hotels, transport companies, speakers, etc.) and travel agents are not authorized by TourismConsulting.eu to make any representations or enter into any agreements that go beyond or contradict TourismConsulting's travel announcement or booking confirmation or change the confirmed content of the travel contract.
3.4 TourismConsulting.eu expressly reserves the right to select the speakers and is entitled to use an equally qualified replacement speaker on the same topic.
CHANGES TO SERVICES AND PRICES4.1 Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which are not brought about in good faith by TourismConsulting.eu, are only permitted if the changes or deviations are not significant and the overall layout do not affect the booked trip. Any warranty claims remain unaffected, as far as the changed services are flawed. TourismConsulting.eu is obliged to inform the customer about changes in performance or deviations immediately. If necessary TourismConsulting.eu will offer the traveler a free rebooking or a free cancellation.
4.2 TourismConsulting.eu reserves the right to change the advertised and confirmed booking in the event of an increase in transport costs or charges for certain services, such as airport charges or a change in the exchange rates applicable to the trip concerned, to the extent whose increase per person or per seat affects the travel price, if there are more than four months between the conclusion of the contract and the agreed travel date. In the event of a subsequent change in the travel price or a change in a substantial travel service TourismConsulting.eu is obliged to inform the traveler immediately, but no later than 21 days before travel. Price increases after this time are not allowed. In the event of a price increase of more than 5% or in the event of a significant change in a substantial travel service, the traveler is entitled to withdraw from the travel contract without fees or to require participation in an at least equivalent journey, if TourismConsulting.eu is able to undertake such a journey without To offer extra price for the traveler from his offer. The traveler has to make these rights immediately after the declaration of TourismConsulting.eu on the price increase or change of the travel service.
5.1 The customer can withdraw from the trip at any time. Decisive is the access of the declaration of withdrawal at TourismConsulting.eu. The customer is recommended to declare the cancellation in writing. If the customer withdraws from the travel contract or does not commence the journey, TourismConsulting.eu may demand appropriate compensation for the travel arrangements and expenses made. In calculating the replacement, usually saved expenses and usually other uses of travel services are taken into account. TourismConsulting.eu may set this compensation claim at a percentage of the travel price, taking into account the following structure, according to the proximity of the time of withdrawal from the contractually agreed travel start:
5.1.1 Cancellation fees for package holidays
Up to 61 days before departure 20% of the travel price
From the 60th to 24 days before departure 45% of the travel price
From 23 to 16 days before departure 60% of the travel price
From 15 to 10 days before departure 70% of the travel price
From the 9th day to 1 day before departure 90% of the travel price
On the day of travel and no show 100% of the travel price
5.1.2 The amounts corresponding to the lump sums are each rounded to the full euro.
5.1.2 If deviating cancellation and rebooking conditions are mentioned for offers and special services, these shall take precedence.
5.1.3 The traveler is at liberty to prove that TourismConsulting.eu did not incur any or substantially lower costs than indicated in the previous lump sums.
5.2 If at the request of the customer after the booking of the journey for an appointment, which is within the temporal scope of the travel offer, changes regarding the travel date, the travel destination, the place of travel, the accommodation or the mode of transport made (rebooking), TourismConsulting. eu raise a rebooking fee of 25 euros per traveler up to the 30th day before the start of the package holiday. Rebooking requests of the customer after the expiry of this period can, if their implementation is possible at all, only after resignation of the travel contract to conditions in accordance with Section 5.1 and simultaneous re-registration. This does not apply to rebooking requests that cause only minor costs.
5.3 Until the start of the journey, the traveler may demand that instead of a third party, the rights and obligations arising from the travel contract occur. TourismConsulting.eu can object to the entry of a third party if it does not meet the special travel requirements or if its participation is precluded by statutory regulations or official orders. If a third party enters into the contract, he and the original travel user are liable to TourismConsulting.eu as jointly and severally liable for the travel price and the additional costs incurred by the third party.
5.4 In the event of withdrawal TourismConsulting.eu may require the customer to compensate for the additional costs actually incurred.
UNUSED SERVICES If the traveler does not make use of individual travel services as a result of premature return or for other compelling reasons, TourismConsulting.eu will seek to reimburse the service providers for the expenses saved. This obligation does not apply if the services are completely insignificant or if a refund conflicts with legal or regulatory requirements.
CANCELLATION AND TERMINATION BY TourismConsulting.eu TourismConsulting.eu may withdraw from the travel contract in the following cases prior to departure or terminate the travel contract after commencement of travel:
7.1 Without observing a deadline: If the traveler disturbs the execution of the trip in spite of a warning from TourismConsulting.eu sustainable or if he acts contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If TourismConsulting.eu terminates, the entitlement to the travel price remains; TourismConsulting.eu must, however, be credited with the value of the saved expenses as well as those benefits resulting from any other use of the unused service, including amounts credited to TourismConsulting.eu by the service providers.
7.2 Up to two weeks prior to departure: In the event of failure to reach an advertised or officially stipulated minimum number of participants, if a minimum number of participants has been indicated in the travel advertisement for the corresponding journey. In any case, TourismConsulting.eu is obligated to notify the customer immediately after the prerequisite for the non-implementation of the journey and to forward the declaration of withdrawal. The customer receives the paid-in travel price immediately. Should already be apparent to an earlier that the minimum number of participants can not be achieved, TourismConsulting.eu has to inform the customer.
7.3 Up to 4 weeks before departure: If it is unreasonable for TourismConsulting.eu to make use of the tour, as the booking volume for this trip is so small that the costs incurred by TourismConsulting.eu in case of travel will be exceeded an economic limit of sacrifice related to this journey. However, TourismConsulting.eu has the right to withdraw only if TourismConsulting.eu can prove the circumstances leading to the withdrawal and if TourismConsulting.eu has offered the traveler a comparable alternative offer. If the trip is canceled for this reason, the customer will receive back the paid travel price immediately. In addition, he will be reimbursed his booking costs lump sum, if he does not make use of a replacement offer by TourismConsulting.eu.
REPEAL OF THE TREATY FOR EXTRAORDINARY CIRCUMSTANCES
If the execution of the journey is made considerably more difficult, endangered or impaired as a result of unforeseeable force majeure upon conclusion of the contract, both TourismConsulting.eu and the traveler can terminate the contract. If the contract is terminated, TourismConsulting.eu may demand appropriate compensation for travel services already provided or to be completed at the end of the journey. TourismConsulting.eu is also obliged to take the necessary measures to bring back the traveler, in particular if the contract includes the return transport. The additional costs for the return transport are to be borne by the parties half each. In all other cases the traveler is responsible for additional expenses.
9.1 TourismConsulting.eu is liable for the due diligence of a prudent businessman for
9.1.1 the conscientious travel preparation
9.1.2 the careful selection and monitoring of the service providers
9.1.3 the accuracy of the description of all travel services specified in the brochures and catalogs, unless TourismConsulting.eu has declared a change in the brochure details in accordance with clause 3 prior to the conclusion of the contract
9.1.4 the proper provision of the contractually agreed travel services
9.2 TourismConsulting.eu is liable for any fault of the persons entrusted with the provision of services.
9.3 If, in the context of a journey or in addition to this, a regular service is provided and the passenger is issued with a corresponding transport pass, TourismConsulting.eu will provide third-party services insofar as this was expressly stated in the travel advertisement and in the travel confirmation.
WARRANTY10.1 Remedy If the trip is not provided in accordance with the contract, the traveler may demand redress. TourismConsulting.eu can also remedy the situation by providing an equivalent or higher substitute service. TourismConsulting.eu can refuse the remedy if it requires a disproportionate effort.
10.2 Reduction of the travel price For the duration of a non-contractual provision of the travel, the traveler may demand a corresponding reduction of the travel price (reduction). The price of the journey must be reduced in proportion to the value at the time of sale of the value of the journey in immaculate condition. The reduction does not occur, as far as the traveler culpably fails to report the defect.
10.3 Cancellation of the contract If a journey is significantly impaired due to a defect and TourismConsulting.eu does not remedy the situation within a reasonable time, the traveler may terminate the travel contract within the scope of the legal provisions - in his own interest and for reasons of evidence appropriately by written declaration. The same applies if a traveler can not be expected to travel due to a lack of important, TourismConsulting.eu recognizable reason. It is not necessary to fix a time-limit for the remedy unless remedy is impossible or denied by TourismConsulting.eu or if the immediate termination of the contract is justified by a special interest of the traveler. The traveler owes TourismConsulting.eu the part of the tour price for the services used, if these services were of interest to him.
LIMITATION OF LIABILITY11.1 The contractual liability of TourismConsulting.eu for damage that is not personal injury is limited to three times the travel price, as far as the damage of the traveler is neither intentional nor grossly negligent, or insofar as TourismConsulting.eu is responsible for the damage caused to the traveler solely because of a Fault of a service provider is responsible.
11.2 ARADO TOURS is liable for damage to property up to 4,100 Euro in the event of damage to property caused by tort, which is not based on intent or gross negligence, and against TourismConsulting.eu; If the triple travel price exceeds this sum, the liability for damage to property is limited to the amount of the triple travel price. These maximum liability limits apply per traveler and journey.
11.3 TourismConsulting.eu is not liable for any performance disturbances in connection with services that are merely provided as external services (such as sporting events, excursions, rental cars, etc.) and that are explicitly marked as outside services in the travel advertisement.
11.4 A claim for damages against TourismConsulting.eu is limited or excluded insofar as under international conventions or on such based legal regulations, which are to be applied to the achievements to be provided by a service provider, a claim for compensation against the service provider only under certain conditions or restrictions can be asserted or is excluded under certain conditions.
11.5 If TourismConsulting.eu assumes the position of a contractual air carrier, its liability will be governed by the provisions of the Air Traffic Law in conjunction with the Warsaw, The Hague, Guadalajara and Montreal Conventions. These agreements generally limit the Carrier's liability for death or personal injury as well as loss and damage to baggage.
PARTICIPATION OBLIGATION The traveler is obliged to cooperate in the event of a disruption of performance within the framework of statutory provisions, to avoid any possible damage or to minimize it. In particular, the traveler is obliged to notify his complaints immediately to the local travel management. This is instructed to provide remedy, if possible. If the traveler culpably neglects to indicate a defect, the claim for reduction does not apply.
EXCLUSION OF CLAIMS Claims for non-contractual provision of travel must be made by the traveler to TourismConsulting.eu within one month of the contractually agreed termination of the trip. After expiry of this period, the traveler may assert claims if he has been prevented without fault by observing the deadline. Claims of the traveler according to §§ 651c to 615f BGB expire one year from the date on which the trip should end according to the contract. Hovering between the traveler and TourismConsulting.eu negotiating the claim or the circumstances giving rise to the claim, the limitation period is suspended until the traveler or TourismConsulting.eu refuses to continue the negotiations. The statute of limitations occurs at the earliest three months after the end of the inhibition.
PASS, VISA AND HEALTH REQUIREMENTS TourismConsulting.eu advocates that nationals of the state in which the travel is offered be informed of passport, visa and health regulations as well as any changes they may have prior to departure. The consulate provides information for nationals of other states. TourismConsulting.eu shall not be liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if the traveler has commissioned TourismConsulting.eu as tour operator with the procurement, unless TourismConsulting.eu is responsible for the delay. The traveler is responsible for the observance of all important regulations for the execution of the journey. Any disadvantages arising from non-compliance with these regulations shall be borne by him, except in the case of culpable misinformation or non-information provided by TourismConsulting.eu. Should entry requirements of individual countries not be met by the traveler or should a visa not be given in due time due to the fault of the traveler, so that the traveler is therefore prevented from traveling, TourismConsulting.eu may charge the traveler with the corresponding cancellation fees. TourismConsulting.eu can not guarantee the passport, visa and health requirements of travelers who are not German nationals.
FLIGHT IMPLEMENTATION All flights listed in the prospectus are planned as direct flights unless otherwise stated. For technical reasons, stopovers are reserved in exceptional cases. Short-term changes to the flight times, the routing and the aircraft, if this is necessary because of official orders or for technical reasons not attributable to TourismConsulting.eu, are expressly reserved, as long as the arrival and departure times are not significantly extended. Also, flights can be changed without notice for compelling reason in transfer flights, if the travel cut is not affected by this. TourismConsulting.eu asks for understanding, if for flight organizational reasons the outward flight into the evening hours and / or the return flight into the morning hours falls.
TRAVEL INSURANCE Travel cancellation insurance is not included in the tour price. TourismConsulting.eu strongly recommends that such insurance be taken when booking the trip. For your overall safety, we recommend the complete protection or at least the basic protection. We have concluded a framework agreement with MDT Makler der Touristik GmbH, Daimlerstraße 1k, 63303 Dreieich, on favorable terms. Please inform yourself in more detail by the on our Internet pages www.blauereise.eu or in your travel agency. If an insured event occurs, the insurer must be notified immediately. We are not dealing with the settlement of claims.
INACCESSIBILITY OF INDIVIDUAL PROVISIONS The invalidity of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract.
JURISDICTION The traveler can sue TourismConsulting.eu only at its seat. TourismConsulting.eu claims against the traveler are based on the traveler's domicile, unless the action is directed against registered traders or persons who, after the conclusion of the contract, have transferred their domicile or habitual residence abroad or whose domicile or habitual residence is: Time of filing the action is unknown. In these cases the place of jurisdiction is the seat of TourismConsulting.eu.
Tourism Consulting TC GmbH