Terms and conditions of business

The contract
A customer reservation with a tour operator is legally binding. The reservation can be in written form, verbally or by telephone. This applies also for all the other participants who are listed in the reservation, for whom the person making the reservation is responsible as well as for his own reservation, as long as he has not made any special and clear statements to the contrary. The contract becomes legally binding when the tour operator accepts the reservation. This acceptance does not need to have any particular form. The tour operator will give the customer a booking confirmation immediately on acceptance of the reservation or shortly thereafter.
If the details in the booking confirmation are different to the reservation, then the tour operator has made a new offer to which he is committed for a period of 10 days. The contract related to this new offer applies if the customer accepts it within the 10-day period.
Payment
1. Contractually a pre-payment of up to a maximum of 10 percent of the price of the holiday or €250 pro person can now be asked for unless an insurance certificate has been handed over. This pre-payment will be deducted from the final payment.

2. The final payment can only be made when an insurance certificate has been handed out (para 651 k section 3 BGB). It should be made as has been discussed on an individual basis.
c) In case this has not been discussed, it is due when the holiday can no longer be cancelled through the reasons named in para 7b) or 7c) and the customer has been given an insurance certificate (para 651 k section 3 BGB).
d) The holiday documentation will be given or sent to the customer after receipt of his payment by the travel agency / tour operator.
e) If some parts of the holiday package are performed by third parties, then the individual business conditions of these third parties apply for these parts of the holiday.
3. Services provided
Which services have been agreed upon, can be seen from the details in the catalogue and from the additional details in the booking confirmation. The details in the catalogue are legally binding for the tour operator. The tour operator however reserves the right on hand from factually correct, considerable and unpredicted reasons to change the details in the catalogue. This should be done before the booking is made and the customer should be informed about it.
4. Changes in the prices and services provided
Changes or deviations of individual details of the holiday from what has been agreed in the contract which are necessary after the contract has come into force and which have been introduced in good faith by the tour operator, are only allowed when the changes are not large and do not impair the total concept of the holiday. Guarantee claims remain unaffected if the changed services are unsatisfactory. The tour operator is obliged to inform the customers immediately about all changes in the services provided. Otherwise he should offer to change or cancel the customer's booking at no cost.
The tour operator reserves the right to change the published prices which were confirmed in the booking confirmation in case of an increase in transport costs or in the cost for particular services such as port or airport taxes or a change in the rate of exchange for the concerned holiday to such an extent as their increase per person or seat affects the price of the holiday as long as there is more than 4 months between the booking and the start date of the holiday. In case there is a later change in the price or significant change in the services provided, the tour operator must inform the customer immediately and in any case not later than 21 days before the start of the holiday. Price increases after this date are no longer permitted.
In case of a price increase of more than 5% or in case of a significant change in the services provided, the customer is permitted to cancel the holiday at no cost or to request that his reservation be changed to an equivalent holiday at the same price, if the tour operator is able to offer this.
The customer must make this claim immediately after receiving the information from the tour operator about the price increase or the change in services provided.
5. Cancellation by the customer, booking changes and substitution of guests.
5.1 The customer can cancel the holiday at any time before departure. The significant fact is the date the tour operator receives the cancellation notification.
The customer is recommended to send the notification in written form. If the customer cancels the holiday or fails to appear at the specified place to start the holiday, then the tour operator can claim compensation for the work which he has done and costs incurred. When calculating the compensation normally saved costs and the possibility of using the holiday components somewhere else are taken into account.
Cancellation fees: On canceling a holiday after a contract has been agreed upon, the following cancellation fees apply:
- up until 31 days before the start of the holiday 20%
- from 30 until 21 days before the start of the holiday 40%
- from 20 until 11 days before the start of the holiday 75%
- from 10 before the start of the holiday 95%
- after occupying the rental object 95%
For all bookings which come into the Easter or Christmas / New Year period then different cancellation fees apply:
- up until 91 days before the start of the holiday 20%
- from 90 until 61 days before the start of the holiday 40%
- from 60 until 31 days before the start of the holiday 75%
- from 30 until 21 days before the start of the holiday 95%

Cancellations fees for apartments and holiday houses please see price list.

5.2 If the customer after having booked wishes to change the holiday start date to another date which falls within the limits detailed in the catalogue, another destination, another starting place for the holiday, the accommodation or the means of transport (holiday change), then as long as the tour operator is notified at the latest 30 days before the holiday start date, the tour operator can charge a fee for making the changes. If not otherwise defined in the travel documentation then this fee is €100 per person. If the customer wishes to make any changes after this 30-day limit, then as long as it is possible to make these changes, this can only be done if the customer cancels the holiday under the conditions of para 5.1 and makes a completely new booking. This does not apply to changes which imply minor costs.
5.3 Up until 3 days before the holiday start date, the customer can request that a 3rd person replaces one of the persons in the booking. The tour operator can object to this if this new person does not fit the special requirements for this holiday or if there are any legal reasons or objections from the local authority against his participation. If this 3rd person does replace one of the people in the booking, then he and the customer are responsible for all payments to the tour operator and also for any extra costs, which have arisen because of this 3rd person.
5.4 In case the customer cancels, the tour operator can demand from the customer the actual extra costs.
6. Services not used
If the customer does not use some parts of the holiday because of an early return or some other important reason, then the tour operator will try to organize a repayment for these services. This responsibility no longer applies if the services are of a minor nature or if a repayment is illegal or is against the rules of the local authority.
7. Cancellation by the tour operator.
In the following cases the tour operator can cancel the contract before the start of the holiday or even after the holiday has started:
a) No time limit
If despite a warning from the tour operator the customer continues to profoundly disturb the smooth running of a holiday, or if he behaves in such a way, that the immediate cancellation of the contract is justifiable, then the tour operator may cancel the contract. In this case the tour operator retains the right over the payment made for the holiday; he must however reduce this by the saved value of any parts of the holiday or services, which can be used elsewhere, and by any credits he receives from his partners.
b) Up until 2 weeks before the holiday start date
If a minimum number of participants has been published or has been determined by the local authority, if a minimum number of participants has been printed in the catalogue. In any case the tour operator is obliged to inform the customers immediately he becomes aware of the reasons for canceling the holiday, and to immediately send the customer a cancellation notification. The money paid by the customer should also be returned without delay. If it should become apparent at an earlier time that the minimum number will not be achieved, then the tour operator should inform the customers.
c) Up until 4 weeks before the holiday start date
If the carrying out of a holiday after examining all the possibilities is unreasonable for the tour operator because the number of bookings is so low that it would mean that the costs for the tour operator related to this holiday would exceed an economic limit. The tour operator has the right to cancel the holiday in this case only when he is not responsible for the changes leading to this situation (no miscalculations for example) and when he has proof of the external circumstances leading to this situation and has also offered the customers an alternative holiday of a similar nature. If the holiday is cancelled through this reason then the customer should have his payment returned immediately. Additionally his costs for making the booking should also be returned to him as long as he not taken advantage of any alternative offers made by the tour operator.
8) Cancellation of the contract because of exceptional circumstances.
If the holiday is made difficult, dangerous or impaired by forcemajeure, then the tour operator and also the customer can cancel it. If the contract is cancelled, then the tour operator can demand a reasonable compensation for the parts of the holiday or services which have already been provided or which are needed to complete the holiday. Furthermore the tour operator is obliged to take the necessary precautions and especially if the contract includes return transport, to transport the customer back. The costs for the return transport should be paid 50/50 by the tour operator and the customer and all other costs are to be born by the customer.
9. Liability of the tour operator:
9.1 The tour operator is liable in line with the obligations of an orderly businessman to exercise diligence for:
a) The conscientious preparation of the holiday
b) The careful selection and control of the service providers.
c) The accuracy of the description of all the services described in the catalogue as long as the tour operator (para 3.) has not declared any changes before signing the contract.
d) The correct delivery of the agreed upon services.
9.2 The tour operator is liable for a mistake made by a person who been entrusted with the delivery of a service.
9.3 If in the framework of a holiday or additionally to this, a ticket for transport by air or sea has been issued, then the tour operator is delivering an external service, as long as he clearly indicates this in the catalogue and in the booking confirmation. He therefore is not liable himself for the delivery of these services. Any liabilities should be regulated using the terms and conditions used by these companies, which are to be made clear to the customer and are to be to made available to him if he wishes.
10. Guarantee
a) Workaround: If the holiday is not delivered as per the contract then the customer can demand a workaround. The tour operator can deny this if it requires a disproportionate amount of effort.
b) A reduction of the price: The customer can demand a reduction in price for that part of the holiday which is not fulfilled according to the terms of the contract. The price should be reduced in the relationship of the value of the holiday with no faults to the actual value at the time of sale. The reduction does not apply if the customer culpably neglects to notify the tour operator of the fault.
c) Termination of the contract: If because of a fault a holiday is considerably impaired and the tour operator does not offer a workaround inside a reasonable time limit, then the customer can cancel the contract in the framework of its legal provisions, in his own interest and in written form in order to have proof. The same applies if the holiday has a significant fault (recognizable by the tour operator) where one cannot expect the customer to continue. The provision of a time limit for a workaround is only not needed when a workaround is impossible or is denied by the tour operator or when the immediate cancellation of the holiday because of a special concern of the customers is justifiable. He owes the tour operator for that part of the price for the services he used, insofar as these services were of value to him.
d) Compensation: The customer can claim without prejudice a reduction or cancellation compensation because of non fulfillment, unless the faults in the holiday are caused by a condition for which the tour operator is not responsible.
11. Limits to the liability
11.1 The legal liability of the tour operator for claims which do not involve bodily harm is limited to 3 times the price of the holiday.
a) As long as the claim was not caused by actions of the tour operator which were premeditated or extremely careless.
b) As long as the tour operator is solely responsible for a claim resulting from actions made by a service provider.
11.2 For all customer claims against the tour operator for mistakes, which are not premeditated or caused by extreme carelessness, the maximum liability of the tour operator for claims arising out of bodily harm is € 75,000 per customer and holiday. The maximum limit for liability for property damage is € 4,100. The liability is limited to 3 times the price paid for the holiday. Because of this, it is recommended in his own interest that the customer takes out a travel accident and luggage insurance.
11.3 The tour operator is not liable for disturbances in relation to external services for which he was only the broker (for example: sporting events, visits to the theatre and exhibitions etc.) and which are clearly marked in the catalogue as external services.
11.4 A claim against the tour operator is limited or impossible in so far as international agreements or laws based on these agreements apply to the service given by a service provider. A claim against the tour operator can only be made under certain conditions or limitations and under certain conditions is impossible.
12. Responsibility to cooperate
The customer is obliged in the framework of the legal provisions to cooperate to avoid or minimize possible damage. The customer is especially obliged to notify the local representative of the tour operator immediately of his claims. The representative is in charge of finding a workaround, as far as this is possible. If the customer culpably neglects to notify the representative of his claim, then a price reduction is not possible.
13. Exclusion and lapse of claims
Claims made by the customer against the tour operator because the holiday was not as provided as in the contract must be made at the latest one month after the contractual end of the holiday. The customer can still claim after this time limit if he was hindered in keeping to it because of reasons for which he is not to blame. The contractual claims of the customer lapse after 12 months. This limit begins with the contractual end of the holiday. If the customer has made claims then this limit is extended up until the day that the tour operator rejects the claims in written form.
14. Passport, Visa and Health requirements
The tour operator is responsible for informing nationals of the country in which the holiday is offered about passports, visas and health requirements and also changes in these requirements before the start date of the holiday. For nationals of other countries the responsible embassy or consulate will give this information. If the customer requests the tour operator to obtain the necessary visas then the tour operator is not liable for their timely granting and arrival through the appropriate diplomatic channels, unless the tour operator is responsible for the delay. The customer is himself responsible for obeying all appropriate laws, which apply to the holiday. All problems especially the payment of cancellation fees which result from not obeying these laws, are the customer's problems except where they have been caused by a culpably wrong or missing information from the tour operator. The customer should inform himself in a timely manner about infections and vaccination and prophylaxis precautions; if necessary the advice of a doctor should be sought about thrombosis and other health risks. As references the public health department, doctors with travel experience, doctors specializing in tropical diseases, services with travel and health information or the federal agency for health information can be used.
15. Cancellation of individual clauses
The cancellation of individual clauses of the contract does not result in the cancellation of the complete contract.
16. Area of jurisdiction
The customer can only make claims against the tour operator at his registered address. For claims of the tour operator against the customer then the customer's address applies, unless the claim is against businessmen or persons who moved their normal place of residence to a foreign country, or whose address or normal place of residence was unknown at the time the claim was made. In these cases the registered address of the tour operator applies.