1.CONCLUSION OF THE TRAVEL CONTRACT
1.1 By registering, the customer offers to conclude a travel contract with the tour operator (hereinafter referred to as the “Organizer”). The registration for a trip can be made orally, by telephone, by Internet form, by e-mail, in writing on pre-printed registration forms or informally in writing. Special requests and registrations under a condition are valid only if they are confirmed in writing by the organizer. The organizer will issue a written confirmation of the trip to the customer, stating all costs due, and send it by mail or email. The contract is concluded upon timely receipt of the required deposit on the organizer’s account.
1.2 If the content differs from the registration, the organizer has a new offer to which he is bound for a period of 10 days. The contract shall be concluded on the basis of this new offer if the Traveler9+ declares acceptance to the Organizer within the binding period. This can be done in writing, orally or by making the down payment.
1.3 Each registrant is jointly and severally liable to the organizer for the fulfillment of the contractual obligations of the persons registered by him.
2. TERMS OF PAYMENT
2.1 A deposit of 20% of the tour price is due upon conclusion of the contract and is payable within 10 days of receipt of the invoice. It will be credited against the tour price.
2.2 The balance must be paid 28 days before departure.
2.3 Payments on the tour price before the end of the tour may only be made against handing over the security certificate in the sense of § 651k para. 3 BGB (German Civil Code).
3. SERVICES
3.1 The services that are contractually agreed upon can be found in the service descriptions in the detailed programs or the Internet advertisement and the information referring to them in the travel confirmation.
3.2 If a trip is advertised with half board or full board, the specified catering begins with the first dinner in the destination country and ends with breakfast on the last day.
3.3 The information contained in the detailed advertisements or the Internet advertisement is binding for the Organizer. However, the Organizer expressly reserves the right to declare a change in the program details before the conclusion of the contract, about which the Traveler will be informed before booking.
3.4 The information in the travel information sent with the travel confirmation for the respective trip has been prepared to the best of our knowledge and belief. However, since individual provisions or partial aspects of the trip may change, no guarantee can be given for the year-round validity of this information.
4. CHANGES IN SERVICES AND PRICES
4.1 Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not brought about by the Organizer contrary to good faith, are only permitted insofar as the changes and deviations are not significant and do not affect the overall nature of the booked trip. Any warranty claims remain unaffected insofar as the changed services are defective. The organizer is obliged to inform the customer immediately about changes or deviations in services. If necessary, he will offer the customer a free rebooking or a free cancellation.
4.2 Price changes are possible at the time after the conclusion of the travel contract in the event of an increase in transportation costs or charges for certain services, such as airline fees, occurring after the conclusion of the travel contract, to the extent that the increase is per capita or per seat, if there are more than four months between the receipt of the travel confirmation and the agreed travel date. Should this be the case, the traveler will be informed immediately, but no later than 21 days before departure.
4.3 In case of a subsequent change of the travel price or a change of an essential travel service, the tour operator has to inform the traveler immediately. Price increases from the 20th day before departure are not permitted. In the event of price increases of more than 5% or in the event of a significant change in an essential travel service, the traveler is entitled to withdraw from the travel contract without charge or to demand participation in a trip of at least equal value if the tour operator is able to offer such a trip from its range of services at no extra cost to the traveler.
4.4 The traveler must assert these rights immediately after the tour operator’s declaration of the price increase or change in the travel service.
5. WITHDRAWAL BY THE TRAVELER, REBOOKING, SUBSTITUTE PERSONS
5.1 The customer can withdraw from the travel contract at any time before the start of the trip. The date of receipt of the withdrawal declaration by the Tour Operator is decisive. The withdrawal must be declared in writing to the Tour Operator. All travel documents must be enclosed with the declaration of withdrawal. Information in this regard on booking receipts (payment card slip, bank transfer, etc.) will not be recognized.
5.2 If the customer withdraws from the travel contract or does not start the trip, the tour operator can demand compensation for the travel arrangements made and for his expenses. When calculating the compensation, usually saved expenses and usually possible other uses of the travel service are to be taken into account. The organizer can calculate this compensation claim in consideration of the following breakdown according to the proximity of the point in time of the cancellation to the contractually agreed start of the trip in a lump sum in a percentage ratio to the price of the trip: The following cancellation amounts will be charged:
Up to 121. day before travel beginning 50, – € per person, as well as
from the 120th to the 96th day before departure 5%,
from the 95th to the 46th day before departure 15%,
from the 45th to the 29th day before departure 25%,
from the 28th to the 15th day before departure 45%,
from the 14th to the 7th day before departure 75%,
from the 6th day before departure 90% of the tour price.
The minimum cancellation amount from the 120th day until the day of departure is 100,- € per person.
In addition, the organizer can demand from the customer in case of cancellation the actual additional costs incurred. The traveler is at liberty to prove to the organizer that he has incurred no damage or less damage than the flat rate demanded by the organizer.
5.3 Cancellations of partial services of a trip (if possible) are considered rebookings. For the cancellation of insurance packages, however, only a one-time processing fee of 10,- EUR will be charged. Excluded from this is the travel cancellation insurance as well as insurance packages that include the travel cancellation insurance.
5.4 In case of cancellation of an entire travel contract, the insurance packages can also be cancelled. However, this shall not apply to the travel cancellation expenses insurance, which shall remain in force in any case.
5.5 The following fees shall be charged for amendments to the travel contract with regard to the following contractual components: Rebookings, i.e. changes regarding the travel date, the travel destination, the place of departure or the place of return, the accommodation, the mode of transport or the airline will be charged with at least € 50 per person. Rebookings must always be made in writing. Rebooking requests with regard to destination, place of departure, place of return, mode of transport, airline or travel date, which are made later than 45 days before departure, can, if their implementation is possible at all, only be carried out after withdrawal from the travel contract under conditions according to paragraph 6.2 and simultaneous new registration. This does not apply to rebooking requests that only cause minor costs. Deviating return flight dates or extensions on your own initiative are possible upon request. The fee is at least 100 € plus the additional prices to the transport tariffs changed by this change, if applicable.
5.6 Up to the start of the trip, the participant can request that a third party take over the rights and obligations arising from the travel contract and participate in the trip. This will result in actual additional costs, which will be borne by the customer, but at least € 100. The organizer can object to the participation of the third party if he does not meet the special travel requirements or his participation is contrary to legal regulations or official orders.
6. WITHDRAWAL AND TERMINATION BY THE ORGANIZER
The Organizer may withdraw from the travel contract before the start of the trip or terminate the travel contract after the start of the trip in the following cases:
6.1 If the Organizer receives knowledge before the start of the trip of important reasons lying in the person of the participant, which give rise to fears of a lasting disruption of the trip. In this respect, the agreements “Withdrawal by the travel guest, rebooking, substitute persons” (para. 5) apply.
6.2 Without observance of a deadline: If the participant disturbs the implementation of the trip, despite a warning from the organizer persistently or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. This applies in particular if the customer does not meet the special requirements of a trip according to the invitation to tender with regard to his physical ability or due to health impairments. If the tour operator cancels the contract, he retains the right to the tour price, but must take into account the value of the saved expenses as well as the advantages he gains from other use of the unused service, including the amounts credited to him by the service providers.
6.3 Up to 4 weeks before the start of the trip: If the advertised minimum number of participants is not reached, which is indicated in the travel announcement for the respective trip. In any case, the organizer is obliged to inform the customer immediately after the occurrence of the condition for the non-implementation of the trip and to send him the cancellation notice without delay. The customer will be refunded the paid travel price without delay. Further claims on the part of the customer are excluded. If it is already apparent at an earlier point in time that the minimum number of participants cannot be reached, the organizer must inform the customer of this. Likewise, if the implementation of the trip after exhaustion of all possibilities is not reasonable for the organizer because the booking volume for this trip is so low that the costs incurred by the organizer in the case of implementation of the trip would mean exceeding the economic sacrifice limit, related to this trip. If the trip is cancelled for this reason, the customer will be refunded the price paid for the trip without delay.
7. CANCELLATION OF THE CONTRACT BECAUSE OF EXCEPTIONAL CIRCUMSTANCES
7.1 If the trip is significantly impeded, endangered or impaired as a result of force majeure unforeseeable at the time the contract was concluded, both the Organizer and the traveler may terminate the contract. If the contract is terminated, the tour operator can demand appropriate compensation for the travel services already provided or still to be provided to complete the trip. Furthermore, the organizer is obligated to take the necessary measures, in particular, if the contract includes return transportation, to transport the traveler back. The additional costs for the return transport are to be borne by the parties in equal parts. Otherwise, the additional costs shall be borne by the traveler.
8. LIABILITY OF THE ORGANIZER
8.1 The organizer is liable within the scope of the duty of care of a prudent businessman for
a) the conscientious preparation of the trip
b) the careful selection and supervision of the service providers
c) the correctness of the description of all travel services specified in the detailed programs, unless the tour operator has declared a change in the program details prior to the conclusion of the contract in accordance with Paragraph 3
d) the proper provision of the contractually agreed travel services.
8.2 The Organizer is liable for any fault of the persons entrusted with the provision of services.
8.3 If scheduled transport is provided as part of a trip or in addition to it and the participant is issued with a corresponding transport pass for this, the Tour Operator provides third-party services in this respect, provided that he expressly refers to this in the travel description and in the travel confirmation. He is therefore not liable for the provision of the transport service itself. Any liability in this case is governed by the transport regulations of these companies, which must be expressly pointed out to the traveler and made available to him upon request.
8.4 In the case of trips with scheduled flights, this means in particular that no further claims can be asserted against the organizer in the case of claims which are regulated according to the “Warsaw Convention”.
9. LIMITATION OF LIABILITY
9.1 The contractual liability of the Organizer for damages that are not bodily injuries is limited to three times the travel price,
a) insofar as damage to the participant is caused neither intentionally nor by gross negligence, or
b) insofar as the Organizer is solely responsible for damage incurred by the participant due to the fault of a service provider.
9.2 The Organizer is liable for all claims for damages against the Organizer arising from unlawful acts, which are not based on intent or gross negligence, for property damage up to € 4,100. If the triple travel price exceeds this amount, the liability for property damage is limited to the amount of three times the travel price. These liability limits apply per participant and trip.
9.3 The organizer is not liable for service disruptions in connection with external services that are only arranged as genuine external services and are not part of the package tour, in particular all water sports activities such as sailing, surfing or diving, which are expressly marked as such external services or optional in the tour description. These activities are offered by third parties with whom the customer concludes a separate contract. This also applies in the case that the Bulut Yachting tour guide participates in these activities. We are not liable for information in hotel and other brochures of these providers of third party services that are not produced by us.
9.4 A claim for damages against the organizer is limited to the extent that due to international conventions or legal regulations based on such, which are applicable to the services to be provided by a service provider, a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions.
10. DUTY TO COOPERATE
10.1 The traveler is obligated to cooperate in the event of service disruptions within the framework of the legal provisions to avoid or minimize possible damages.
10.2 The traveler is especially obligated to immediately inform the Bulut Yachting travel management on site about his complaints. The latter is instructed to take remedial action if this is possible. It is not entitled to make statements regarding claims for damages. If no Bulut Yachting tour guide is available, the organizer is to be informed at his place of business.
10.3 If the traveler culpably fails to report a defect, a claim for reduction does not occur.
11. EXCLUSION OF CLAIMS AND STATUTE OF LIMITATIONS
11.1 Claims for non-contractual provision of the tour must be made by the participant to the Organizer within one month after the contractually agreed end of the tour. After the expiration of the deadline, the participant can only assert claims if he was prevented from meeting the deadline through no fault of his own. In the participant’s own interest, the registration should be made in writing. The date of receipt by the organizer is decisive for this. Any liability for claims received later is excluded.
11.2 Claims of the traveler according to § 651 c to 651 f BGB are subject to a limitation period of two years. The limitation period begins on the day on which the trip should end according to the contract. If negotiations between the traveler and the tour operator about the claim or the circumstances giving rise to the claim are pending, the statute of limitations is suspended until the traveler or the tour operator refuses to continue the negotiations. The limitation period shall commence at the earliest 3 months after the end of the suspension.
12. PASSPORT, VISA AND HEALTH REGULATIONS
12.1 The tour operator is responsible for informing German nationals about passport, visa and health regulations and any changes to them before the start of the trip. For nationals of other countries, the responsible diplomatic representation will provide information.
12.2 The tour operator is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation if the traveler has commissioned the tour operator with the procurement, unless the tour operator is responsible for the delay.
12.3 The traveler is obliged to inform himself in time about infection and vaccination protection as well as other prophylactic measures; if necessary, medical advice should be obtained. Reference is made to general information, in particular from health offices, travel medicine information services or the Federal Center for Health Education.
12.4 The traveler is responsible for compliance with all regulations important for the implementation of the trip. All disadvantages, in particular the payment of cancellation costs, which arise from the non-compliance with these regulations, shall be borne by him, except if they are caused by culpable misinformation or non-information of the tour operator.
13. INVALIDITY OF INDIVIDUAL PROVISIONS
13.1 The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract.
14. OTHER
14.1 The information on physical requirements is given to the best of our knowledge, but without guarantee, as such information is not only subject to subjective assessments, but is also strongly influenced by external circumstances such as, above all, weather conditions.
15. JURISDICTION
15.1 The participant can sue the organizer only at the seat of the organizer. The place of jurisdiction for trips of Bulut Yachting is Leipzig.
15.2 For lawsuits of the Organizer against the traveler, the domicile of the traveler is decisive, unless the lawsuit is directed against registered traders or persons who have moved their domicile or usual place of residence abroad after conclusion of the contract, or whose domicile or usual place of residence is not known at the time of the filing of the lawsuit. In these cases, the registered office of the organizer shall be decisive.
16. ORGANIZER
Bulut Yachting UG (haftungsbeschränkt), Henricistrasse 40, 04177 Leipzig, Germany