1.1 By submitting a booking to the tour operator a customer makes a binding offer for the conclusion of a contract with the tour operator. This offer is based on the travel tender and on supplementary information supplied to the customer by the tour operator for a specific tour should this be the case.
1.2 Travel agents (e.g. travel agencies) and service providers (e.g. hotels, carriers) are not authorized by the tour operator to make agreements, to give information or make assurances which change the agreed content of the travel contract, which exceed the services promised by the tour operator or contradict the travel tender.
1.3 Local and hotel prospectuses as well as Internet bidding which are not published by the tour operator are not binding for the tour operator and his service obligation unless they were explicitly agreed on with the customer as part of the travel tender or content of the tour operator´s service obligation.
1.4 A booking can be made in verbal, written form, on the phone, by fax or electronically (email, Internet). If a booking was made electronically, the tour operator will immediately confirm electronically. This initial confirmation is no confirmation of acceptance of a booking.
1.5 The customer is liable for all contractual obligations of fellow travellers who he included in the booking as well as for his own if he accepted this liability in a explicit and seperate declaration.
1.6 A contract comes about through the acceptance (of a booking) by the tour operator. This acceptance does not require any special form. On or immediately after the conclusion of a contract the tour operator will issue a travel confirmation to the customer. The tour operator is not required to issue a travel confirmation when a booking is made less than seven business days befor the start of the tour.
1.7 If the content of the travel confirmation differs from the the content of the booking, the tour operator is bound to this new offer for the duration of ten days. A contract on the basis of the new offer is concluded if the customer declares his explicit acceptance of the offer or pays a deposit to the tour operator during the period stipulated.
2.1 Payments towards the travel price before the completion of the tour may only be requested or accepted by the tour operator or a travel agent against the handing over of a security note. On conclusion of a contract a deposit of 20 %of the tour price is demanded. A higher deposit is only possible when there is proof that the tour operator makes higher cost claims towards advance expenses (like e.g. entrance tickets, flight tickets).
The rest of the payment is to be settled 3 weeks before tour start provided that the security note has been handed over and the tour cannot be cancelled due to the reason referred to in section 8.
2.2 If the customer does not pay the deposit and/or the rest of the payment according to the contractual agreements about payment, the tour operator has the right to withdraw from the contract after reminding the customer and setting a deadline and to request cancellation fees according to clause 5.2 par. 2 to 5.5 of the BGB.
3.1 Changes of substantial services of the agreed content of a travel contract that become necessary after the conclusion of a contract and were not caused by the tour operator against good faith are only permissable if they are not considerable and do not affect the general design of the tour.
3.2 Possible guarantee claims remain untouched if changed services are faulty.
3.3 It is the tour operator’s duty to inform the customer without delay about service changes after learning about a cause for a change.
3.4 In the case of a considerable change of a major service the customer has the right to withdraw from the contract free of charge or to demand participation in a tour of at least the same value if the tour operator is able to offer such a tour from his offer without any extra costs for the customer. The customer has to assert his rights immediately after being informed of the service change by the tour operator or to cancel the tour.
5.1 The customer can withdraw from the contract at any time before the start of the tour. The withdrawal is to be addressed to the tour operator at the address given above/below. If the tour was booked through a travel agency, withdrawal can be declared to that, too. The customer is advised to declare his withdrawal in written form.
5.2 If the customer withdraws from the contract before the tour start or does not begin his tour, the tour operator loses his claim to the tour payment. Instead the tour operator can demand reasonable reimbursement for the taken travel precautions and expenditures so far in relation to the tour price as long as he is not responsible for the withdrawalor the withdrawal is due to force majeure.
5.3 The tour operator has to estimate his claim for reimbursement in consideration of the withdrawal date, i.e. the proximity of the contractual tour start in percentage ratio to the tour price at a flat rate under consideration of usually saved expenditures and possible use of travel services elsewise. The reimbursement is calculated according to the receipt of the declaration of withdrawal as stated below:
a) Standard rates:
30 days and more before tour start 20 %
29 to 22 days before tour start 30 %
21 to 15 days before tour start 40 %
14 to 7 days before tour start 50 %
6 days to 1 day before tour start 80 %
Failure to start the tour 90 % of the tour price
If a tour including tickets for a cultural event is cancelled by a customer, the cancellation of the tour includes the participation in the cultural event as well. If the tickets cannot be resold, the price may be charged fully. For cultural events the general terms of business of the relevant operators are valid. Changes in cast or programmes or do not entitle customers to cancel the other parts of the tour.
b) Tickets to cultural institutions/for cultural events (without further touristic services)
Sold tickets can on principle be neither returned nor exchanged. There is no reimbursement for expired tickets.
5.4 It is the customer’s right to prove that no claim for reimbursement has arisen or that the reimbursement may be considerably lower than the flat rate.
5.5 The tour operator has the right to demand higher specificreimbursement instead of the flat rate if he can prove that his expenses were considerably higher than the relevant flat rate. In this case the tour operator has to calculate and document the demanded reimbursement considering saved expenditures and the possible use of travel services elsewise.
5.6 The legal right of the customer in the spirit of clause 651b of the BGB to supply a substitute is not touched on by the conditions above.
6.1 The customer does not have the right to demand a change in the dates, destination, place of start of a tour, accommodation or means of transport after a booking has been concluded contractually. If nebertheless changes are made to a booking on request of the customer (re-booking), the tour operator can charge a re-booking fee per person providing the following deadlines are met.
a) For package tours
until 60 days before tour start € 50,00
6.2 Customer requests for re-booking made after the deadlines have passed can, if at all possible, be only carried out after withdrawal from the contract according to clause 5.2 to 5.5 of the BGB based on these conditions and simultaneous new booking. This rule does not apply if the request for re-booking causes only small costs.
If the customer does not claim individual services that were offered to him for reasons arising on the customer´s side (e.g. because of an early return journey or for other compelling reasons), the custoer does not have the right to demand partial reimbursement of the tour price. The tour operator will try to seek reimbursements for the saved expenditures from the relevant operator. This does not apply if the unclaimed service is insignificant or if legal or official regulations do not allow for reimbursement.
The tour operator can withdraw from the travel contract due to not reaching the minimum number of participants only if he:
a) quotes the minimum number of participants in the travel tender as well as a deadline before the contractual tour start by which the customer must have received a declaration of rescission and
b) quotes the minimum number of participants and the deadline for rescission in the tour confirmation or refers to the relevant data in the travel tender.
Rescission has to be declared to the customer at the latest 30 days before the agreed tour start.
If at an earlier stage it is clear that the minimum number of participants is not going to be reached, it is the tour operator’s duty to make use of his right to rescission promptly.
If a tour is cancelled due to this cause, payments made by the customer towards the tour price have to be promptly returned.
The tour operator can terminate a contract without notice if a traveller continues to disrupt a tour considerably despite being cautioned or if his behaviour is to such an extent in breach of contract that the annulment of the contract is justified. In the case of termination through the tour operator, the tour operator remains entitled to the price of the tour. However, the tour operator has to let himself be charged for saved expenditures and advantages that he gains through other usage of the unclaimed services, including credited contributions from other operators.
If a tour is not delivered according to the contract, a customer can demand rectification. However, it is the customer’s duty to inform the tour operator promptly of any faults. If the customer fails culpably to report a fault, he is not liable to demand a price reduction.
This does not apply if informing of a fault is obviously pointless or for other reasons not reasonable.
The customer is obliged to inform the local tour couriers promptly of any faults. If there is no local tour courier present, possible faults are to be reported to the tour operator at his regular address. The customer is informed about the accessability of tour couriers or the tour operator in the service description, at the latest in the tour documentation.
Local couriers are instructed to take remedial action if this is possible. However, they cannot acknowledge claims.
10.2 Setting a deadline before cancellation
If a customer/tourist wants to terminate a tour contract due to a tour fault described in clause 651c – e of the BGB or due to a considerable reason based on unreasonable circumstances which are obvious to the tour operator, the tour operator is to set an according deadline for remedial action. This is not the case if remedial action is impossible or denied by the tour operator or if immediate cancellation of contract is justified by special interest of the customer/tourist and is obvious to the tour operator.
10.3 Damage of luggage and delayed luggage
The tour operator recommends reporting damage or delivery delays of luggage on flights immediately in situ to the relevant airline by completing a notification of loss (P.I.R.). Airlines usually reject refunding without a declaration of loss being completed. A declaration of loss is to be completed within 7 days in the case of damage to luggage, and within 21 days in the case of luggage delay after receiving delayed luggage. Otherwise loss, damage or misdirection of luggage are to be reported to the tour guide or local courier/representative of the tour operator.
10.4 Travel documentation
It is the customer´s duty to inform the tour operator if travel documentation (e.g. flight tickets, hotel vouchers) are not received within the deadline stated by the tour operator.
11.1 The tour operator´s contractual liability of damage that are not caused by injury to life, body or health is limited to the triple tour price
a) as long as damageto a tourist is not caused wilfully or through culpable negligence, or
b) as long as the tour operator is responsible for damage caused to a tourist because of the fault of a service deliverer. Claims possibly exceeding the limit are in accordance with the Montreal Convention respectively the Aviation Act are not touched by the limitation.
11.2 The tour operator is not liable for faulty services, personal injury or property damage linked to services of other operators which are merely mediated (e.g. tours, sports events, theatre visits, exhibitions, carrier services to and from a published point of departure and destination), if these services are marked in the travel tender and booking confirmation unambiguously as services of other operators so that they are clearly distinguishable by the customer as services not delivered by the tour operator.
The tour operator is, however, liable
a) for services including the transportation of tourists from the published departure point to the published tour destination, transportation during the tour and accommodation during the tour,
b) if damage to a tourist is caused by the tour operator´s violation of his duty of notification, to inform and organize.
12.1 Claims according to clauses 651c – f of the BGB are to be asserted within a month after the contractually planned end of a tour.
12.2 The deadline starts on the day following the contractual end of a tour. If the last day of a deadline is a Sunday, an official state holiday in the place of declaration of claim or a Saturday, it is replaced by the next weekday.
12.3 In keeping with the deadline a claim can be made to the tour operator´s address stated above/below.
12.4 Once a deadline is over a claim can only be made by a customer/tourist if the customer/tourist was unable to adhere to the deadline through no fault of his own.
12.5 The deadline stated in 12.1 also applies to reporting damage to luggage or luggage delivery delays linked to air travel according to section 10.3, if warranty rights are claimed based on clause 651c par. 3, 651d, 651e par. 3 and 4 of the BGB. A claim for damages is to be completed within 7 days in the case of damage to luggage, and within 21 days in the case of luggage delay after receiving delayed luggage.
13.1 A customer´s/tourist´s claim according to clauses 651c – 651f of the BGB concerning injuries to life, body or health that are caused by the tour operator´s intentional or negligent breach of duty or a lawful representative or vicarious agent of the tour operator is in lapse after two years.This also applies to claims concerning compensation for other damages caused by intentional or grossly negligent breach of duty through the tour operator or a lawful representative or vicarious agent of the tour operator.
13.2 All other claims according to clauses 651c – f of the BGB are in lapse after one year.
13.3 Lapse according to sections 13.1 and 13.2 starts on the day following the last day of the tour as stated in the contract. If the last day of a deadline is a Sunday, an official state holiday in the place of declaration of claim or a Saturday, it is replaced by the next weekday.
13.4 If there are pending negotiations/hearings between the customer/tourist and tour operator about the claim or the circumstances justifying the claim, lapse is checked until the customer/tourist or tour operator refuses to continue the negotiations/hearings. Lapse can occur at the earliest three months after the end of the check.
The EU regulation about informing airline passengers about the identity of the executing airline commits the tour operator to inform the customer about the identity of the executing airline of all flight transfers of a booked tour.
If the executing airline has not been determined at the time of booking, the tour operator is obliged to name the airline or airlines that will most probably execute the flights.
As soon as the tour operator knows which airline will execute a flight, the customer has to be informed.
If the executing airline which a customer has been informed of changes, the tour operator has to inform the customer of the change. The tour operator has to take immediate action to ensure that the customer is informed of the change as soon as possible.
The “black list” can be found at: http://air-ban.europa.eu.
15.1 It is the tour operator’s duty to inform citizens EU states where the tour is offered about the relevant passport, visa and health requirements prior to the conclusion of contract as well as possible changes before the beginning of a tour. Citizens of other countries should contact the relevant consulate. It is expected that there are no particularities in the person of the tourist (e.g. dual citizenship, statelessness).
15.2 The customer himself is responsible for getting and carrying all necessary travel documentation, possibly officially required vaccinations as well as complying with custom and foreign currency regulations. Disadvantages resulting from the tourist’s failure to comply with these requirements, e.g. the payment of withdrawal fees, are chargeable to the tourist. This is not the case if information supplied by the tour operator was not complete of false.
15.3 The operator is not liable for the timely granting and receipt of visas through the relevant diplomatic representation if the customer entrusted him with the application for visas, unless the tour operator culpably neglected his duties.
Notification about annulment of contract due to force majeure
Concerning the cancellation of tour contract customers are advised to consult the legal regulations in the BGB that read:
(1) Based on this clause both parties to the contract may terminate a tour contract if a tour is considerably impeded, endangered or impaired due to force majeure unforseeable at the time of conclusion of contract.
(2) If a contract is cancelled according to paragraph (1), the regulations in clauses 651e par. 3 sentences 1 and 2, par. 4 sentence 1 are applied. Extra costs for return transportation are shared equally between both parties. Any further costs that arise are paid for by the tourist.
As at may 2015
Compact Tours GmbH Compact Tours GmbH
Georgenstrasse 2 a
Telephone Berlin +49 (0) 30 4467393-0
Telephone Dresden +49 (0) 351 808090
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