| |
|
To the
conditions: |
Travel organisation - tour operator
↓ |
Travel agent - agency
↓ |
| |
|
~ General bussines
conditions - Travel organisation Victoria-Cavtat Reisen e.K.
~ |
| |
|
1. Conclusion of travel
contract
|
|
With the travel registration the client offers contractually
the conclusion of a travel contract to Victoria-Cavtat
|
|
Reisen e.K.,
owner Peggy Brailo (following as "VC").
The
order can be executed in written or verbal.
|
|
The
applicant orders and guarantees for all participants mentioned
in the application and for their contract obligations
|
|
as well as for his
own obligations, if he takes a special respective
obligation with effective and special declaration.
|
|
The
contract is in force after acceptance by VC. There is no need
for a special application for acceptance. |
|
During or immediately after contract conclusion VC shall hand
over a confirmation for reservation to the Client.
|
|
If the content of the confirmation
goes not conform with the content of the order, a new offer will
be done by VC,
|
|
which is optional
fixed for VC for a term of 10 days. Based on this new
offer a new contract conclusion will take place,
|
|
if the Client during
the 10 days period informs VC about his acceptance of this
offer.
|
| |
|
2. Payment
|
|
2.1
With the conclusion of contract an advance payment of
20%
(minimum 100 Euro), of the total amount becomes due.
|
|
The advance payment is payable
during 10 days after receipt of the invoice.
|
|
2.2 The advance payment shall be taken by VC only with
handing-over of a guarantee in sense of
|
|
Clause 651 k, item 3 BGB
and will be calculated in the total travel price.
|
|
2.3 Further payments become due on the agreed terms, the last
payment latest 4 weeks
before commencement
|
|
of the service or during the submission of the travel documents.
|
|
2.4
If the booking takes place latest 4 weeks before service’
commencement, the total amount has to be paid
|
|
immediately with the
reservation in order to be able to send/receive all travel
documents in time.
|
|
2.4 In case that the due travel price is not paid in total until
the contractually agreed travel departure,
|
|
although the traveller received a guarantee application, VC is
free from the service and has the right to require the
|
|
respective cancellation costs from the traveller, if the
traveller had no right for payment refusal. |
| |
|
3. Services
|
|
What kind of services were contractually agreed, is visible in
the service description in the prospect
and in the
|
|
concerning content of the travel confirmation.
|
|
The
descriptions and information in the prospect are binding for VC.
VC strictly reserves his right to explain changes
|
|
in the prospect, due
to relevant justified, major and unpredictable reasons before
contract conclusion, and will
|
|
certainly inform the
traveller before the booking about those changes.
|
| |
|
4. Regulation for holiday’s
houses or apartments
|
|
4.1 Accommodation
|
|
The
holiday houses and apartments are built and equipped according
to individual taste of the owner. The kitchen is
|
|
equipped with dishes
and cutlery for the mentioned number of person and has an
electrical or gas stove and a
|
|
refrigerator.
Electrical equipment as coffee machine or toaster is not always
available, usually a stove contains two
|
|
electrical or gas
plates, an oven is mostly in. About technical damages,
what kind however, the landlord should be
|
|
informed immediately,
in order to repair those.
|
|
4.2
Object description
|
|
The
description was done with great care. VC visited every offered
holiday accommodation in advance and visits them
|
|
continuously. If you
have some quires regarding equipment, do not hesitate to contact
VC.
|
|
4.3
Number of person
|
|
The
scope of services arises out of the description by the landlord.
A rent object is not allowed (not even temporary)
|
|
to be used by more
persons than foreseen (adults and children). The landlord has
the right to refuse over-counted
|
|
persons. If the
accommodation allows, he can charge an additional rent price or
he can refuse immediately because of
|
|
violation of the
leasing contract without return of rent price. In case of
violation of contract by the tenant, the landlord
|
|
has the right to
request compensation.
|
|
4.4
Taxes
|
|
The tax (depending on the local,
communal or state fees) will be calculated locally and the exact amount depends
|
|
on the regulation by
the respective local Authority. The tax is max. 1,80 € per
person and day, depending further
|
|
on the age, current
exchange value and the season. Children under 12 years usually do not pay any tax.
|
|
4.5
Obligation of cooperation
|
|
In
case the tenant finds damages in the renting object or has
complains because of differences between the existing
|
|
state and the
description in the catalogue, he should inform the
landlord/owner immediately about his complains. It is
|
|
suggested, in case of
complains which are not possible to improve by the landlord to
agree jointly a reduction of the
|
|
renting price and
arrange locally.
|
|
All
parties should intent to arrange possible disputes mutually. The tenant has the obligation to
cooperate in improvement
|
|
in case of service
disturbs, especially he has to inform about all damages and has
to try to clarify jointly with the
|
|
landlord/Organisation. |
| |
|
5. Changes of service and prices
|
|
Changes or
differences of single travel services to the agreed content of
the contract, which become necessary
|
|
after contract conclusion and which were not foreseeable by the
travel agent in good faith and confidence
|
|
are only allowed, if these changes and differences are not
enormous and if they do not influence or
disturb the
|
|
main scope of the booked journey.
|
|
Possible claims remain untouched, if the changed services have
damages. VC has
the obligation to inform
|
|
the Client immediately about changes or differences to the
service. If
requested VC will offer to the Client
|
|
a change of booking or cancelling of contract without charges.
|
|
VC remains the
right to change the offered and confirmed prices in case of
increase of transfer costs or fees
|
|
for special service as harbour or airport taxes or a change of
concerning currency exchanges for a special journey,
|
|
in
the same scope as the increase influences the price per person,
per seat, if between the contract
conclusion
|
|
and the agreed travel departure is a time of more than four
months. In case of
additional changes of the travel price
|
|
or
a change of a main travel service the Organisation has to inform the
Client urgently, latest 21 days before departure.
|
|
A price
increase after this time is not allowed.
|
|
In case of a
price increase of more than 5 % or in case of an enormous change
of a main service the traveller has
|
|
the right to cancel the contract without any charges or to
request an equivalent journey, if VC is able to
organise
|
|
such a journey without additional costs out of his offer. The
Client has to announce these rights immediately after
|
|
receipt of the explanation about price increase or change of
travel services.
|
| |
|
6. Annulations of contract by the Client
|
|
The Client can
cancel the travel any time before departure. The receipt of
annulations by VC is substantial.
|
|
It is suggested
to announce the annulations in written. VC has the right to
charge the Client in case of contract
cancelling
|
|
or
if the Client does not start the journey.
|
|
This charge depends on the travel price reduced by the value,
which the travel agent spares and reduced by the value
|
|
which the agent can earn by selling the same service to another
Client.
|
|
The Organisation can charge a lump sum
claim acc. to the following schedule, depending on the
time between
|
|
the cancelling date
and the booked departure date in percent, calculated per
person/unit.
|
| |
|
6.1.
Standard Fees |
|
until 30 days before departure
|
20% |
|
from 29th
until 22nd day before departure
|
25% |
|
from 21st
until 15th day before departure
|
35% |
|
from 14th
day before departure
|
50% |
|
from 7th day
before departure
|
80% |
|
day of
departure or in case of non-using of service
|
100% |
|
| |
|
6.2. Expectance from the regularly regulations
|
|
a. Ship,
accommodation |
|
until 45th
day before departure
|
20% |
|
from 44th
until 35th day before departure
|
50% |
|
from 34th
until 1st day before departure
|
80% |
|
day of
departure or in case of non-using of service.
|
100% |
|
| |
|
d.
Other kinds of journey
|
|
Sorts of travelling not mentioned in items
6.1. until 6.2. will be handled regarding annulations of
contract according
|
|
to the
developed foundation out of these travel conditions.
|
| |
|
7. Booking Changes
|
|
On request the Organisation
undertakes a change of the travel confirmation, if possible at
all and before the
|
|
terms mentioned in
item 6.1 until 6.2, except item 6.2.c.
|
|
This change will be charged with € 30,00 per person. A change of
booking is a change of travel
terms, destination,
|
|
location of departure, accommodation or transfer.
|
|
Requirements for changes by the Client, after expiry of terms,
if the execution is possible at all, can be
done only
|
|
after withdrawal of the travel contract acc. to item 5. and 6.1.
until 6.2. and a new application ,excl. requirements
|
|
for changes which cause only small costs.
|
| |
|
8. Nomination of a third party
|
|
Until travel departure the Client
can request that instead of himself another person takes over
the rights and
|
|
obligations out of
the travel contract. The travel company has the right to refuse
a third party, if this person
|
|
does not satisfy
some special travel conditions or his participation does not go
conform with the legal regulation
|
|
of the Authorities.
In case an other person travels instead of the Applicator, the
travel company is obliged to
|
|
charge an amount of
25,00 € for additional costs due to participation of a third
party.
|
|
The
client has the right to receive a proof of less or non-raised
costs.
|
| |
|
9. Non-used service
|
|
In
case a traveller does not use single services consequently to
earlier return or other hard reasons, the travel company
|
|
will try to receive a refundation from the key player. The travel
company is free from this obligation, if the respective
|
|
non-used service is
completely non-relevant or if a refundation is
against legal or government regulations.
|
| |
|
10.
Annulations and cancelling
by VC
|
|
VC
has the right to refuse or cancel the travel contract before or
after departure due to following reasons:
|
|
a) Without term:
|
|
In
case the traveller disturbs the organisation of the journey
hardly, although the travel company
submitted reminders
|
|
or if the traveller acts against
the contract in such a measure that the annulations of
contract is justified.
|
|
In case the travel company has to
cancel the contract, he has the right to remain the
travel price, but he has to
|
|
return the value of spared costs as
well as the advantages, received by
selling the service to another client,
|
|
incl. the amounts returned by
the key player.
|
|
b) Until two weeks before departure:
|
|
The
Client receives a return of the paid funds immediately.
If it is foreseeable in advance that the min. number
|
|
of participants will
not be reachable, the Organisation will inform the Client. If
the official necessary number of
|
|
participants can not
be reached, if in the offer for a special journey a min. of participants was mentioned,
|
|
the Organisation is
responsible to inform the Client immediately after acknowledge that the journey can
not take place.
|
|
c) Until four weeks before departure
|
|
If the execution of journey due to
not sufficient booking scope would be not reasonable for the
Organisation,
|
|
after trying of all
possibilities, and if the execution of journey for the
Organisation would mean an exceed of
|
|
economical limits
with regard to this journey.
|
|
A right to cancel the journey
exists for the Organisation only, if he is not responsible for
the circumstances and if he can
|
|
proof this
circumstances and if he submits to the Client a similar
comparable offer.
|
|
In case the journey
was cancelled due to above-mentioned reasons the Client
receives a return of the paid amount
|
|
immediately. In
additional the Clients’ booking costs will be returned in
lump sum, if he does not use the comparable offer,
|
|
made by the
Organisation.
|
| |
|
11. Annulations of Contract
due to Force Major
|
|
In case the journey will be hardly
influenced or endangered due to force major, not foreseeable during conclusion of
|
|
contract,
Organisation and Client are both obliged to cancel the
contract. In case of annulations of contract the
|
|
Organisation can
charge a reasonable claim for the already executed or
still necessary efforts in order to cancel the
|
|
journey.
|
|
Further, the Organisation is
responsible to undertake all necessary steps to re-transfer the
traveller, especially if the
|
|
contract
contains a request for contract annulations. Additional
costs for back-transport will be paid by both parties in
|
|
equal parts.
All other costs will be
charge to the traveller.
|
| |
|
12.
Guarantees by the Organisation
|
|
12.1 The Organisation guarantees in the scope of good duty care
of a correct commercialist for:
|
|
1) Conscientious
travel preparation;
|
|
2) Careful choice and
supervisory of key players;
|
|
3) Correctness of
description of all mentioned services in the catalogue, except
the Organisation explained a change
|
|
of prospect contents
acc. to item 3.
|
|
4) Correct execution
of agreed travel service.
|
|
12.2 The Organisation
guarantees for a fault done by a person responsible for
execution of service.
|
|
12.3 If the travel
contains (in its scope or in additional) a transport in
public traffic and if the traveller receives a
|
|
concerning ticket,
the Organisation gives an external service, if this was
mentioned so in the offer and in the travel .
|
|
confirmation. In this
case the Organisation does not take guarantee for the
execution of the transport service.
|
|
In this case a
guarantee will be arranged according to the transport
conditions of this company, the traveller should be
|
|
informed in advance and on special request he should
receive these conditions. |
| |
|
13. Limits of Guarantee
|
|
The contractual guarantee by the
Organisation for damages, which are not injuries, is limited on
the three-times
|
|
travel price.
|
|
13.1. In case a damage of the traveller was not done either
intentional nor negligent or
|
|
13.2. in case the Organisation is responsible for a damage of
the traveller only due to the fault by a key
|
|
player. The Organisation guarantees for all requests for
compensation against the Organisation due to a non-allowed
|
|
act, which is not based on intention or hard negligence, for
subject damages until € 4.100,00;
if the Organisation
|
|
guarantees for subject’s damage and the three-times travel price
exceeds this
amount, the guarantee for subject’s
|
|
damage is limited on the three-times travel price amount. These
guarantee amounts valid per traveller and journey.
|
|
13.3 The Organisation does not guarantee for disturb of
services, which were organised as agent for
external
|
|
service (e.g. sport events, theatres visits, exhibitions), what
is marked in the travel description
especially as external
|
|
services. A request for compensation against the organisation is
limited or excluded, as based on international
|
|
agreements or legal regulations based on international
agreements, which value
for the service by a key player,
|
|
a request for compensation can be required only under special
conditions or limits or is excluded under special conditions.
|
|
13.4 If the Organisation has the status of a contractual air
carrier, the guarantee will be arranged according
to the
|
|
conditions of the air traffic law in connection with the
international agreement from Warsaw, Den
Hague,
|
|
Guadalajara and agreement of Montreal. These agreements usually
limit the guarantee by the air
carrier for
|
|
death or injury as well as loss and damage of baggage.
|
|
13.5 If the Organisation is key player in other cases, it
guarantees according to these valid regulations.
|
|
13.6 If the Organisation has the status of a contractual
shipping company, the guarantee will be
arranged according
|
|
to the regulations of HGB´s and the internal maritime laws.
|
| |
|
14. Guarantee
|
|
a. Remedy
|
|
If the journey does not goes
according to contract, the traveller can request remedy with the
local key players or
|
|
if he does not
succeed under tel. no. +49 (0)89 89408010 or per fax under +49
(0)89 89408011.
|
|
The
Organisation can refuse remedy, if this would cause a
disproportional effort. The
Organisation can improve by
|
|
offering an equal
service.
|
|
b. Reduction of travel prices
|
|
For the time of receiving a
non-contractual service during the journey the traveller can
request a reduction of travel
|
|
price. The travel
price should be reduced in the proportion in which the value of
the journey during the time of
|
|
selling in state of
correctness to the real value had been. The reduction will not
become in force if the traveller
|
|
did not register the
damage by own fault.
|
|
c. Termination of Contract
|
|
If a journey due to damage will
be enormously impacted and the Organisation does not improve
during a respectable
|
|
term, the traveller
can cancel the travel contract according to legal regulation
- in his own interest
and because of
|
|
reason of
argumentation with written explanation -. The same values, if the journey is not reasonable due to
|
|
damage or due to an
important reason known by the Organisation. A term for remedy is not necessary, if the
|
|
remedy is
impossible or refused by the Organisation or if the urgent termination of
contract is justified due to a
|
|
special interest of
the traveller. In case of termination of contract the traveller dues
the Organisation the unused
|
|
part of travel
price,
if these services
were in
his interest.
|
|
d. Compensation
|
|
The traveller request compensation
in spite of termination due to non-completion of services,
excluded if the damage
|
|
of journey is caused
on circumstances for what the organisation is not
responsible.
|
| |
|
15. Participation Duty
|
|
The traveller is responsible to
participate if service disturbs in scope of the legal regulation
arise in order to avoid defaults
|
|
or to keep them low.
The traveller is responsible to inform the key player or
VC urgently under the contact data in 14a.
|
|
In case a remedy is
possible it will be proceeded. If a traveller fails to inform about a fault he looses his
right for reduction.
|
| |
|
16. Exclusion of demands and
limitation
|
|
The traveller can submit demands,
due to travel services which are not according to contract, to
the travel organisation
|
|
inside of one month
period after contractually agreed completion of journey. |
|
After due date the traveller can claim if he was prevented
without own guilt. Demands by the traveller
are limited on one
|
|
year period according
to §§ 651c until 651f BGB.
The limitation begins with the date
of travel completion according to
|
|
contract.
|
|
If between the
traveller and the travel organisation exists a
dispute about the claim or the circumstances concerning the
|
|
demand, the termination date stops until
the traveller or the travel organisation refuses the continue of
discussion. The
|
|
termination begins
earliest three months after end of this stoppage.
|
| |
|
17. Passport-, Visa- and
Health Regulations
|
|
17.1 The traveller is responsible by himself for completion of
passport-, visa, custom-, currency and
health
regulations. |
|
17.2 The traveller will be charged with all disadvantages due
to non-completion of these regulations, even if these
|
|
regulations were changed after
booking. |
|
17.3 If the traveller does not pay attention to the entrance
regulations of single countries or if a visa was not issued in
|
|
time, due to the traveller’s guilt, and the
traveller could not participate on the journey because of
those reasons, VC can |
|
charge the traveller with the respective costs for
termination of contract. |
|
17.4 Fees by the Embassy for issue of visa are not included in
the lump sum. VC is responsible to inform German citizens |
|
about
existing passport-, visa- and health regulations as well as
changes before departure. |
|
Disadvantages caused by non
respecting
of regulation will be charged to the traveller, except VC caused
on own guilt a |
|
non-or disinformation. |
|
17.5 VC does not guarantee for an issue of necessary visa in
time, only if the delay was caused by VC. |
| |
|
18. Ineffectiveness of single
regulations
|
|
The ineffectiveness of single
regulations of the travel contract does not consequently result
in ineffectiveness of the
|
|
whole travel
contract. The Parties are responsible in such a case, to
replace the ineffective part/regulation with an
|
|
effective one, which
goes conform with the sense and goal of the regulation if
possible. The same values for possible
|
|
uncovered matters in
the contract.
|
| |
|
19. Place of Jurisdiction
|
|
The
traveller can sue the travel Organisation to court only at its
place of jurisdiction. For legal action by the
|
|
travel organisation
against the traveller the address of the traveller measures, excluded the legal action is
against
|
|
full-commercialists
or person, which changed their address to abroad after conclusion of the contract or
if the address
|
|
or usual place of
living is unknown during the time of complain. In
this case the Organisations’ address counts.
|
| |
|
|
