- Conclusion of Contract
- Changes in Services Rendered
- Withdrawal of the Client Before Embarkment / Cancellation Costs
- Changes in Bookings
- Unutilized Services
- Withdrawal due to Insufficient Attendance
- Cancellation for Reasons of Conduct
- Obligation of the Traveler to Cooperate
- Limitation of Liability
- Filing of Claims: Addressee, Limitation Period
- Expiration of Claims
- Passport, Visa and Health Regulations
- Applicable Court
1. Conclusion of Contract
1.1 The following applies to all means of bookings:
a) The basis of this offer is the travel specification and additional information provided by the travel agent for the relevant travel package as far as they have been presented to the client at the time of booking
b) The client warrants for all contractual obligations of fellow travelers for whom he effects a booking as if these obligations were his own – insofar as he has undertaken this obligation explicitly and in a separate declaration.
c) If the declaration of acceptance of the travel agent deviates from content of the booking a new offer by the travel agent is constituted and the travel agent is bound by this offer for 10 days. The contract is concluded on the basis of the new offer when the client explicitly declares the acceptance of the offer or makes a down payment within the commitment period.
1.2 The following applies to the booking that is made orally, by telephone, in writing or via telefax:
a) The booking (or registration of a Travel Booking) constitutes a binding offer for the conclusion of a travel contract.
b) The contract comes in force with receipt of the booking confirmation (declaration of acceptance) from the travel agent. The declaration of acceptance is not bound by any form. At or shortly after conclusion of the contract the travel agent will provide the client with a booking confirmation in writing or text form.
1.3 For bookings effected in electronic commerce (e.g. internet) the following applies to the conclusion of the contract:
a) the procedure of the online booking is explained on the relevant (internet) website.
b) For the correction of his entries, for the deletion or the resetting of the entire online booking form a correction function will be available, the use of which is explained.
c) The languages offered for carrying out the online booking are indicated (on the website).
d) Insofar as contract wordings are archived by the travel agent, the client is informed of this and of the opportunity of a later retrieval.
e) With pressing the button “booking with payment obligation” the client offers the travel agent a legally binding contract for a travel package
f) The receipt of a booking (Travel Booking) is confirmed electronically without delay (acknowledgement).
g) The transmission of a booking (Travel Booking) by means of pressing the button “booking with payment obligation” does not give rise to a travel contract according to the booking (Travel Booking). The contract arises from the delivery of the booking confirmation by the travel agent to the client. The confirmation is not limited to a certain form and can be effected by telephone, by email, fax or in writing.
h) If the booking confirmation occurs immediately on screen after pressing the button “booking with payment obligation” the contract becomes effective without any further interim confirmation of receipt of the booking. In this case, the client is offered the opportunity of saving to file or printing the booking confirmation. The validity of the contract does not depend on the fact that the client actually makes use of the filing or printing opportunities.
2.1 Travel organizer and travel agent are allowed to accept payments for the travel price before the end of the travel. Upon concluding the contract, a down payment or entire payment of the travel price is due. The payment becomes due after booking so that the travel cannot be cancelled for the reason set forth in section 8 of these terms and conditions.
2.2 If the client does not make the down payment or final payment according to the agreed due dates the travel agent is allowed – after monition with response and payment deadline – to withdraw from the travel contract and to charge the client with cancellation costs according to sections 5.2 to 5.5.
3. Changes in Services Rendered
3.1 Material deviations of the travel services from the agreed content of the travel contract which become necessary after conclusion of the contract and which are not caused by the travel agent against good faith (as defined in the German Civil Code – BGB) are only permitted insofar as the deviations are not significant and the general outline of the travel package is not impaired.
3.2 Potential warranty claims remain unaffected insofar as the changed services are deficient.
3.3 The travel agent is obliged to inform the client about material changes in services without delay, once the cause of the change is known.
3.4 In case of a material change of a significant part of the travel package it is legitimate for the client to withdraw from the travel contract without charge/costs or to demand participation in a travel package of equivalent value, if the travel agent is able to offer such a travel package to the client without incurring additional costs. The client is obliged to claim these rights without delay upon receiving notice from the travel agent about the changes in services or the cancellation of the travel package.
4. Withdrawal of the Client Before Departure / Cancellation Costs
4.1 The client may withdraw from the travel package at any time before departure. Withdrawal has to be declared to the travel agent. In case the travel package has been booked using an intermediary, withdrawal can also be declared to the intermediary. It is recommended that the client declares withdrawal in writing.
4.2 If the client withdraws before departure or does not embark on the travel, the travel agent loses claim to the travel price. Instead, the travel agent may demand reasonable compensation for travel related efforts and his expenses up to time of withdrawal – in relation to the applicable price of the travel package.
4.3 For purposes of the claim for compensation the travel agent has considered a generalization over time, i.e. considering the proximity of the withdrawal to the contractually agreed beginning of the travel arrangement as a percentual relation to the travel price and also considering for the calculation of the compensation commonly avoided costs and commonly feasible other possible uses of the travel services The compensation is computed after receipt of the declaration of withdrawal in the following manner:
a) Bus tour packages 90% of the package price
b) Contracts for vacation apartments/houses 100% of the package price
c) other travel contracts 90% of the package price
4.4 In any case, the client remains free to give evidence to the travel agent that he has not incurred any damages at all or that such damages are significantly lower than the generalized amount.
4.5 The travel agent reserves the right to demand a higher, individually determined compensation instead of the above mentioned generalizations insofar as he proves that he has incurred significantly higher expenses than the applicable generalization. In this case the travel agent is obliged to specify numerically and evidence the requested compensation under consideration of avoided costs and potential other uses of parts of the travel package.
4.6 The legal right of the client according to § 651 b BGB (German Civil Code) to provide a replacement participant is not affected by the above mentioned terms.
5. Changes in Bookings
5.1 After the contract has been validly closed the client is not entitled to changes regarding travel dates, destinations or points of departure, accommodation or means of transport (changes in bookings). If a change of booking is made anyway at request of the client, the travel agent may charge a change of booking fee per traveler within the following time limits:
a) for bus package tours
up to 3 days prior to departure € 50.—
b) for contracts for vacation flats/housing
up to 3 days prior to departure € 50.—
c) for other travel tours
up to 3 days prior to departure € 50.–
5.2 Requests for changes in bookings that are made after the above mentioned time limits can only be made – if they are feasible at all – upon withdrawal from the travel contract according to sections 5.2 to 5.5 according to the specified terms and simultaneous new booking. This only applies to changes in bookings that cause insignificant costs
6. Unutilized Services
In case the client does not make use of certain individual travel services for reasons that are not attributable to him (e.g. early return or other urgent reasons) there is no right of claim for a pro rata return of the travel price. The travel agent will make a reasonable effort to obtain saved costs from the relevant service providers. This obligation is dropped in the case of completely insignificant services.
7. Withdrawal due to Insufficient Attendance
The travel agent/arranger can only withdraw from the contract due to non-achievement of the minimum number of required participants if he has
specified in the (travel offer) a minimum number of participants and the deadline before the contractual beginning of the travel until which he can declare withdrawal, and
the travel confirmation specifies the minimum number of participants and the latest date for the declaration of withdrawal or refers to the details set forth in the travel offer
Withdrawal has to be declared to the client at latest 1 day before the agreed departure date.
If it becomes apparent at an earlier point in time that the minimum number of participants will not be reached, the travel agent/arranger shall make use of his right of withdrawal without delay.
8. Cancellation for Reasons of Conduct
The travel agent may cancel the travel contract without a notice period if the traveler impedes the delivery of the contract in a sustained manner or if his conduct is contradictory to the contract terms in such a manner that an immediate cancellation is justified. If the travel agent cancels the contract he maintains claim to the travel price; however, he must take into account the value of spared expenses and consider those advantages obtained from making other use of services not used for the cancelled contract – including amounts credited by other service partners in the travel package.
9. Obligation of the Traveler to Cooperate
9.1 Travel Documents
The client is obliged to inform the travel agent if he has not received the necessary travel documents (e.g. flight ticket, hotel voucher) within the time frame advised by the travel agent.
9.2 Notice of Deficiency / Request for Remedy
If the travel package is not delivered according to contract the traveler may request remedy.
If the traveler neglects to give immediate notice of a deficiency in the travel package at his fault, there is no reduction of the travel price.
This is only inapplicable if the notice is apparently without prospect of success or unacceptable for other reasons.
The traveler is obliged to deliver notice of deficiency immediately to the local representative of the travel agent at the travel destination. If a representative of the travel agent is not available at the destination or not owed contractually, potential deficiencies of the travel package must be declared to the travel agent at his principal office. The availability of a representative of the travel agent or the agent himself is set forth in the travel package specifications or, at latest, with delivery of the travel documents.
The representative of the travel agent is in charge of providing remedies insofar as this is possible. He is not authorized to accept claims.
9.3 Deadline for Cancellation
If a client/traveler wants to cancel the travel contract due to a fault of the type set forth in § 651 c BGB (German Civil Code) according to § 651 e BGB or for urgent reason apparent to the travel agent for unacceptability, he (traveler) is obliged to grant the travel agent an appropriate amount of time for remedial action. This provision is inapplicable only in the case that remedy is not possible or refused by the travel agent or if immediate cancellation is justified by a special interest of the traveler that is recognizable by the travel agent.
10. Limitation of Liability
10.1 Contractual liability of the travel agent for damages that do not arise from injury of life, body or health are limited to three times the travel price
a) insofar as the damage suffered by the traveler is not caused intentionally or by gross negligence or
b) insofar as the travel agent is responsible for a damage occurring to the traveler due to fault of one of the service (package) providers.
Potential further claims for liability according to the Montreal Convention or, respectively,
the (German) Air Travel Act remain unaffected.
10.2 The travel agent is not liable for non-compliance, personal injury and property damages relating to external services that are merely intermediated (e.g. day trips, sporting events, visits to theatres, exhibitions, transport services to and from the specified points of departure and destination) if these services are explicitly marked as external services and naming the intermediated contract partner so obviously that they are recognizable as not part of the service package of the travel agent.
However, the travel agent is liable for services that consist of transporting the traveler from the specified point of departure to the specified destination, interim transportation during the travel and accommodation during the travel, or if and when the neglect of informational, warning or organizational duties are the cause of a damage to the traveler.
Filing of Claims: Addressee, Limitation Period
11.1 Claims according to §§ 651 c to f BGB have to be filed by the client/traveler within one month upon the contractually agreed end of the travel.
11.2 The (filing) period begins on the day following the contractual return from the travel. If the last day of the filing period is a Sunday, a publicly recognized holiday at the prescribed place of declaration or a Saturday, it is moved forward to the next working day.
11.3 A timely claim can be filed with the travel agent under the following address: Profil Travel GmbH, Hainstrasse 19, D-65582 Diez
11.4 Upon expiration of the filing period the client/traveler can only file a claim if he has been inhibited without fault.
12. Expiration of Claims
12.1 Claims of the client/traveler that arise according to §§ 651 c to f BGB from injury to life, body or health and that are based on intentional or negligent misconduct of the travel agent or a legal representative or a vicarious agent expire in two years. This also applies to claims for replacement of other damages that result from intentional or grossly negligent misconduct of the travel agent or a legal representative or a vicarious agent.
12.2 All other claims according to §§ 651 c to f BGB expire in one year.
12.3 The expiry period according to sections 13.1 and 13.2 begins on the day following the contractual return from the travel. If the last day of the filing period is a Sunday, a publicly recognized holiday at the prescribed place of declaration or a Saturday, it is moved forward to the next working day.
12.4 If negotiations concerning the claim or the circumstances of the claim are pending, the expiration period is suspended until the client/traveler or travel agent refuses continuation of the negotiations. Claim expiration occurs at the earliest three months after suspension has ended.
13. Passport, Visa and Health Regulations
13.1 The travel agent will inform citizens of countries of the European Union in which the travel package is offered in advance of contract conclusion about rules concerning passport, visa and health regulations as well as any applicable changes. For citizens of other countries the relevant consulate provides information. In this context it is assumed that no special circumstances arise with the traveler (e.g. dual nationality, stateless persons).
13.2 The client is responsible for obtaining and carrying the regulatorily required travel documents, possibly required vaccinations and observing customs and foreign exchange regulations. Disadvantages arising from the failure to observe such regulations, e.g. payment of withdrawal costs, are at his own expense. This does not apply if the travel agent has provided no information or insufficient or faulty information.
13.3 The travel agent is not responsible for the timely issuance or receipt of visas from the diplomatic office, if the client has assigned this task to the agent – unless the travel agent has failed his obligations of his own fault.
14. Applicable Court
In case of disputes, the applicable court is Diez!
Remark Regarding Cancellation due to Force Majeure
Regarding the cancellation of the travel package reference is made to the German Civil Code (BGB) that sets forth the following:
Termination due to force majeure
(1) If the travel package is substantially obstructed, jeopardized or impaired as the result of force majeure not foreseeable when the contract was entered into, then both the travel organizer and the traveler 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 traveler.