General Terms and Conditions Grosev Culture Tours,
hereinafter referred to as “tour operator”
- Conclusion of the travel contract a) The travel contract should be concluded in writing with the forms of the tour operator (travel registration form und confirmation form). All agreements, side agreements and special requests must be made in writing. At the conclusion of the contract or immediately after, the traveler receives the complete travel confirmation. The confirmation is not mandatory for short-term bookings less than seven working days before commencement of the journey. b) The traveler is bound to the travel registration for two weeks. Within this period the journey is confirmed by the tour operator. For short-term bookings two weeks and less before departure the contract is concluded by the immediate confirmation or by the admission to the journey. c) The tour operator takes by phone binding bookings only. The traveler has to be informed explicitly about it. The travel contract is concluded by the signed traveler registration sent immediately back to the tour operator and by the travel confirmation. If the traveler does not return the signed travel registration form to the tour operator within 7 days after the travel registration, and if he again doesn’t send it after a reminder, than the tour operator can step back from the travel reservation. Claims for damages due to non-compliance with the reservation agreement are not taken into account here. In case of electronic bookings the tour operator confirms immediately electronically the entry of the booking. Electronic confirmation of receipt of the travel booking in no way constitutes acceptance of the offer for a travel contract. d) If the travel confirmation deviates from the travel registration of the traveler, the travel confirmation is treated like a new contract application. The tour operator is bounded for 10 days on it and the traveler has to accept it within this terms. The timely return of the signed travel registration is recommended. e) The tour operator is in the role of a travel agent for explicitly marked as mediated external services in brochures, in the travel information and various other explanations. The contractual liability is excluded for mediated external services provided that there is no intent or gross negligence, the primary liability from our travel agent agreement is not affected, there isn’t a reasonable insurance option or agreed characteristics are missing. The tour operator is liable only for the mediation but not for the mediated services (see §§675, 631 BGB*). For the contract conclusion apply the provisions of Paragraph 1. mutatis mutandis. 2. Payment of the travel price a) All payments (down payment or final payment) of the traveler must be made only after handover of the Security Certificate in accordance with the following provisions. b) Within 14 days after conclusion of the travel contract 20% down payment are to be paid. Amounts for any insurances, processing and rebooking fees as well as booked tickets are to be paid additionally. If the payment is not made or not timely, the tour operator is entitled to refrain from the reservation. c) The balance is to be paid without request at least 30 days prior to departure against delivery of the complete travel documents, as far as required and / or provided for the journey (for example hotel voucher or travel ticket). d) Contracts concluded within two weeks prior to commencement of the journey oblige the traveler to pay the entire price of the tour immediately, in exchange for the complete travel documents, as far as required and / or provided for the journey (for example hotel voucher or travel ticket). e) At the same time as the down payment, the premiums due for mediated insurances must be paid in full.
- f) Without full payment of the due travel price there is no claim to the provision of the travel service by the tour operator. g) Cancellation fees, processing and rebooking fees are due immediately.
- Services a) Brochure and catalog information are binding on the tour operator. However, the tour operator expressly reserves the right to declare a concrete change to the brochure and price information for objectively justified, substantial and unforeseeable reasons before signing the contract; in that case the traveler will certainly be informed before booking. b) The contractual services are based on the relevant at the time of the contract conclusion specifications (brochure / catalog) and the other agreements, especially after the travel registration and the travel confirmation. Paragraph 3 c) must be taken into consideration. c) Additional assurances, side agreements, special agreements or agreed special wishes of the traveler should be included in the travel registration. Reference is made to Paragraph 1 a) of these conditions.
- Price changes a) The tour operator may demand price increase of up to 5% of the total travel price four months after the contract conclusion such as an increase in transport costs, charges for certain services, such as port, airport or toll fees, or a change in the exchange rate applicable to the trip if it occurs after the contract conclusion and it’s proven. Price increases based on the abovementioned circumstances are only permissible to the extent that the increase, based on the share of transport, duty and exchange rates, has a concrete effect on the tour price. b) A price increase can only be demanded up to the 21st day before the agreed departure date. The tour operator must declare to the traveler a price change according to Paragraph 4 a) immediately after becoming aware of it. c) For price increases after conclusion of the contract by more than 5% of the total travel price, the traveler can withdraw free of charge. Instead, he may request participation in another trip of at least equal value if the organizer is able to offer such travel without extra cost to the traveler. d) The traveler can make use of the right to resign or request a replacement trip according to Paragraph 4 c) immediately after being informed by the tour operator. 5. Changes of services a) Changes and deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and are not caused by the tour operator against good faith, are only permitted if the changes or deviations are not significant and do not affect the overall arrangement of the booked travel. b) The tour operator must notify the traveler of an acceptable change of essential travel service promptly after becoming aware of the reason for the change. c) In the event of a significant change in a substantial travel service, the traveler may withdraw from the contract or instead request to take part in another equivalent trip if the organizer is able to offer such travel at no extra cost to the traveler. Paragraph 4 c) applies accordingly. d) In the event of an acceptable change, the other rights (in particular reduction, compensation for damages) remain unaffected. 6. Resignation of the traveler before departure a) The traveler is entitled to resign at any time. However the traveler is obligated (if no special cancellation conditions are listed in the travel description) to pay the following compensation: 20% of the travel price per person up to 46 days before departure, 45 up to 31 days prior to departure 30% of the travel price per person, 30 to 15 days before departure 50% of travel price per person, 14 to 7 days
before departure 60% of travel price per person, from the 7th day 80% of the travel price per person. Cancellations made on the day of departure or no show will incur a 100% cancellation fee per person. b) The applicable termination is the point of time when the tour operator receives the termination. The traveler is obliged to cancel in writing. A written cancellation is the cancellation by e-mail or by postal delivery. c) The tour operator expressly recommends the conclusion of travel cancellation insurance, if this is not already included in the travel price. 7. Cancellation provision with minimum number of participants a) If a minimum number of participants specified in the offer or in the other content of the travel contract is not reached, the tour operator may withdraw from the travel contract by the 30th day before the start of the journey. b) In this case, the traveler may request to participate in another trip advertised by the tour operator, provided that the tour operator is able to provide it at no extra cost. c) The minimum number of participants specified during the journey also applies to additional bookable excursions. 8. Change at the request of the traveler If the traveler requires changes or re-bookings after contract conclusion, the tour operator can charge the following processing fees: up to 4 weeks before departure 10 EUR per booking, until 1 week before departure 20 EUR per booking. The tour operator can instead calculate the effort specifically. Changes and re-bookings from 1 week prior to departure are treated as a withdrawal.
- Replacement travelers a) The passenger may be replaced until the beginning of the journey by a third party, provided that he meets the special travel requirements and his participation is not contrary to statutory regulations or official orders and the tour operator does not oppose the participation for these reasons. b) The traveler and the third party are liable to the tour operator as co-debtors for the travel price. c) The traveler and the third party are liable to the tour operator as co-debtors for the additional costs arising from the participation of the third party, regularly fixed at 15. 10. Disturbance by the traveler The tour operator can terminate the travel contract without notice if the traveler significantly disturbs the trip in spite of a warning by the tour operator, so that his further participation is no longer acceptable for the tour operator and / or the travel participants. This also applies if the traveler does not adhere to objectively justified instructions. The tour operator shall in such cases be entitled to retain the travel price, however he must make allowance for the value of any saved expenses and the benefits he obtains from an otherwise utilized service not called upon. Further damage claims remain unaffected. 11. Termination as a result of force majeure a) Aggravation, danger or impairment of a significant nature due to unforeseeable circumstances such as war, civil unrest, epidemics, sovereign orders (withdrawal of landing rights, border closures), natural disasters, accidents, destruction of accommodation or equivalent cases entitle both parties to terminate the travel contract. b) In the event of termination, the tour operator may demand compensation for services rendered or to be provided in accordance with § 638 (3) BGB*. c) In the case of a cancellation, the tour operator is obliged to conduct the transport back if the contract includes transport. In any case, he must take measures necessary for conducting the termination of the contract. d) The additional charges of the transport back are split between both parties; the remaining charges are to be defrayed by the travelling person. 12. Warranty and remedy
- a) If the travel services are not in accordance with the contract, the traveler may demand redress, unless this requires a disproportionate effort. The remedy consists in the elimination of the travel deficiency or an equivalent replacement service. b) The traveler can demand the reduction of the travel price according to § 638 Abs. 3 BGB*, if he reports the travel deficiencies to the tour guide, or if he is not reachable, directly to the tour operator, unless significant difficulties make the notification of the deficiency to the tour operator unreasonable. The telephone numbers result from the travel documents. If the traveler culpably fails to report the deficiency, no claims for reduction of the travel price are due. c) If the journey has deficiencies and the organizer does not remedy the situation within a reasonable period of time, the traveler can remedy the situation himself and demand compensation for the necessary expenses. It is not necessary to set a deadline if the travel organizer refuses the remedy. d) If the journey is significantly impaired by a defect, the traveler may set a reasonable deadline to remedy the situation. If the deadline expires without remedy, the traveler can terminate the travel contract. The deadline is superfluous if the remedy is impossible, denied or the immediate termination is justified by a special interest of the traveler. This shall apply accordingly if due to a deficiency the traveler cannot reasonably be expected to travel due to an important reason that is recognizable to the tour operator. e) In the case of justified termination, the tour operator may demand compensation for services rendered or must still be rendered in order to terminate the trip. Relevant for the above calculation are the value of the services provided, as well as the total price and the value of the contractually agreed travel services (see § 638 (3) BGB*). This does not apply if the services provided or to be provided are of no interest to the traveler. The tour operator must take the necessary measures, which are necessary as a result of the cancellation of the contract. If the return transport is included in the travel contract, the tour operator must also take care of these and bear the additional costs. f) The traveler may claim damages for non-performance, without prejudice to the reduction or termination, unless the defect is due to a circumstance for which the tour operator is not responsible. Obligation to cooperate The traveler is obliged to take reasonable steps to minimize any damage. Reference is made to Paragraphs 10 and 12.
- Limitation of Liability a) The contractual liability of the tour operator for damage that is not physical damage is limited to three times the travel price, aa) as far as the damage to the traveler is neither intentional nor grossly negligent, or ab) as far as the tour operator is responsible for a damage caused to the traveler solely due to the fault of a service provider. (b) Where a travel service to be provided by a service provider is subject to international conventions or statutory provisions under which a claim for damages may be made only under specific conditions or restrictions, the tour operator may refer to those conventions and legal acts. c) In the case of services that are clearly and expressly described as mediated, Paragraph 1.d) of these conditions must be observed. d) The tour operator is liable for damage to property of up to 3,000 EUR for all claims for damages based on tort made by the tour operator which are not based on intent or gross negligence. 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. In this context, the traveler is recommended in his own interest the conclusion of a travel accident and baggage insurance. 15. Exclusion period and statute of limitations a) Claims for defective travel services under §§ 651 c to 651 f BGB* must be asserted by the traveler within one month after the contractually stipulated end of the travel to the tour operator. After expiry
of this period, claims can only be asserted if the traveler was unable to comply with the aforementioned period without his own fault. b) Claims of the traveler within the meaning of Paragraph 15. a) shall become statute-barred one year after the contractually stipulated end of travel, but with the restriction that this limitation period of one year does not commence before the traveler notifies the tour operator of a deficiency. In the case of gross negligence, the claims affected in Paragraph 15. a) become statute-barred in two years. c) For the rest, the period of limitation of three years applies, in particular in case of malicious concealment of the deficiency. 16. Passport, visa and health formalities (a) The tour operator shall indicate passport and visa requirements, including the time limits for obtaining such documents and health formalities, in the prospects issued for the traveler and / or prior to the booking, including interim changes, in particular before the conclusion of the contract and prior to departure which apply for the respective travel destination for German citizens without special formalities as for dual citizenship etc. b) If the organizer fulfills his due information obligation, the traveler ensures to fulfill all requirements for being eligible to complete the booked trip, unless the tour operator has expressly undertaken to procure visas or certificates, etc. c) If difficulties occur resulting from the failure on the traveler’s part to fulfill the requirements for the trip (e.g., not obtaining the required visa), the traveler can not resign free of charge or take advantage of individual travel services without consequences. Insofar, Paragraph 6 applies (Resignation of the traveler) accordingly. 17. Jurisdiction a) The traveler may sue the tour operator at its place of jurisdiction. b) For lawsuits of the tour operator against the traveler, the domicile of the traveler is decisive, as long as he/she is not full-time merchant or person who has relocated its domicile or habitual residence abroad after conclusion of the contract or whose domicile or whereabouts is not known at the time the complaint is filed. In these cases, the location of the tour operator is decisive. 18. Ineffectiveness of individual provisions The invalidity of individual provisions does not justify the ineffectiveness of the travel contract. 19. General a) The correction of errors and typographical errors remains reserved. b) Changes to the itinerary or the program for technical or force majeure reasons are reserved. c) The applicant and the travel participant agree that personal data may be processed by EDP, stored, forwarded to service providers and used for customer service within the scope of the purpose of the contract. d) If these General Terms and Conditions (AGB) are translated into other languages, then only the German original can be considered final.
*BGB=German Civil Code
Tour Operator: Groseva Culture Tours Phone: 0241/46370996, 0176/63485088 52076 Aachen, Monschauer Str. 30a; Germany e-mail: firstname.lastname@example.org
Version: May 2018