GENERAL TRAVEL CONDITIONS
- ABSCHLUSS DES REISEVERTRAGS, DATENSCHUTZ
1.1. You verbally offer to enter into the travel contract as a result of your written, verbal or telephone booking. The travel contract exists once the registration is accepted; said confirmation does not require any special format. Acceptance must occur without delay or within 14 days of registration. You will continue to be bound to your proposal during this time. We will inform you of our acceptance by return mail by sending you a travel confirmation or invoice.
1.2. If you are handling registrations for other tour members, you will be responsible for their contractual obligations as well as for your own obligations, provided you have taken on an obligation of this kind as a result of an express and special declaration to this effect.
1.3. We will provide third party services for admission tickets to events negotiated within the framework of the tour (e.g. sporting events, shows, concerts, etc.). Thus, your contract partner is the respective third party organizer. Contractual relationships arise exclusively between you and the respective organizer or provider.
1.4. All data provided by us must be protected according to the terms of the German Federal Data Protection legislation (Bundesdatenschutzgesetz) and may only be used by us in the course of organising the trip or for the purpose of dealing with customers.
- TRAVEL COST
2.1. All payments made towards the travel cost are covered by insolvency insurance according to § 651k BGB. No payments should be made unless the security note is handed over in exchange. You will receive the security note along with the travel confirmation or invoice.
2.2. If the agreed deposit is still not made in spite of requesting the overdue amount or if the travel cost is not paid in full before commencement of the journey, then this entitles us dissolve the travel contract and to charge for payment for damages in an amount equalling the corresponding cancellation fees and providing there was no justifiable travel defect at that time.
2.3. The terms of payment of the respective performance supplier for third party services we handle such as entrance tickets to sporting events, concerts, etc. may differ from this.
2.4. All cancellation fees are due for payment immediately.
Our performance specifications as well as the information in the travel information/ invoice referring to the performance specifications are binding for the content of the travel contract.
- PROCUREMENT OF INDIVIDUAL SERVICES
4.1. Where we procure individual services, for example entrance tickets, hotel rooms etc., this will not form part of the contract for travel services. We are only liable for the procurement itself and not for the provision of the service. The scope of the service to be provided is determined solely by the contract agreed with the respective service organiser or provider and the service provider’s general business terms of conditions. We will be happy to supply you with these general business terms and conditions on request.
4.2 The price offered may differ from that printed on the ticket, as procurement through direct suppliers can not always be guaranteed. For some events it has become impossible to obtain tickets without booking fees, handling charges or having to buy additional less attractive tickets and therefore without additional charges.
- CHANGES IN PERFORMANCE AND PRICE
5.1. Changes or deviations in individual travel services from the agreed content of the travel contract that are found to be required after agreement of the contract and which we have caused but which are not contrary to Good Faith are only permitted if the changes and deviations are not considerable and if they do not affect the overall calibre of the reserved trip. Potential guarantee claims are not affected provided the modified services are not flawed.
5.2. If there are more than four months between the Travel Confirmation and the commencement of trip, then we reserve the right to adjust the price in the event of an increase in transportation costs or because of charges for certain services such as harbour, airport or entry fees or to change the rate of exchange that is valid for the trip in question, or if there is an increase in transportation costs or charges for certain services per person or per seat that affects the ticket price.
5.3. In the event of a late change in the travel price or a change in a major travel component, we will inform you of this immediately. In any case, changes in the price are possible prior to the 21st day before travel commences.
5.4. If the travel price increased by more than 5% or if said increase results in a considerable change in a major part of the travel performance, then you are entitled to withdraw from the contract with no penalties or to demand to at least take part in a similar trip at a minimum, provided we are in a position to offer you such a trip without any additional cost from our travel portfolio. You will need to enforce these rights without delay immediately after we inform you about the price increase.
- TRIP CANCELLATION BY A TOUR MEMBER
6.1. You can withdraw from a trip at any time prior to commencement of such a trip. Your cancellation must indicate your reservation number. We recommend you withdraw in writing and suggest this is in your own interest. When (date) we receive the Cancellation is decisive for when a cancellation is made. We recommend you take out a travel cancellation policy to cover this.
6.2. If you withdraw from a travel contract or if you do not set out on the trip, we are entitled to demand appropriate damages for the travel arrangements that we made and for our expenses. The level of the damages is based on the travel price. We will bear the saved expenses and possible other uses for the travel service in mind when calculating the damages.
6.3. We are also entitled to choose to demand an appropriate cancellation lumpsum equalling a percentage of the travel price instead of claiming for damages. In so far, the payment and cancellation conditions mentioned in the offer and registered to be part of the contract will apply.
6.4. You are at liberty to provide evidence that no costs of minor costs incurred in conjunction with the cancellation or failure to travel than the costs that are shown as the cancellation fee.
6.5. Please observe that as a rule we will not take back/exchange entrance tickets where we have acted as a go –between and that these must be paid in full.
- CHANGING PASSENGERS
7.1. Prior to commencement of the trip, you can demand from us that a third party enter into the rights and obligations resulting from the travel contract. We may oppose such a change if the replacement party does not meet any special travel requirements or if this is opposed by local authority regulations. Both the participant and the replacement person are liable as joint and several debtors.
7.2.Any additional costs as a result of the participation of a replacement person or a reservation change will be charged based on the proof of working hours involved plus the occurring costs for the change of reservation.
The cost of a travel cancellation policy is not included in the trip price. We urgently recommend you take out such insurance; a policy of this kind must be agreed when the reservations for trip are made. We also recommend taking out a policy pertaining to your travel luggage, theft, accidents, liability and medical coverage including the costs of returning you back home in the case of an accident or illness.
- TRAVEL CONTRACT CANCELLATION/SERVING NOTICE THROUGH FOOTPRINTS
The following cases entitle us to cancel the travel contract before commencement of the trip or giving notice to terminate the travel contract after the trip has commenced:
9.1. We are entitled to terminate the contract without adhering to any deadline if the passenger continues to bother the performance of the trip without paying any attention to our cautions or if his actions represent such a breach of his contractual obligations that this justifies the immediate termination of the contract. In such a case, we remain entitled to the ticket price, however we must permit the offsetting of any saved expenses and any advantages that may arise from a different use of the travel service( s). This does not affect any claims for damages.
9.2. If the minimum passenger number, expressly mentioned in the travel description, is not attained then we are entitled to cancel the trip within 2 weeks of commencement of the trip. In this case, you will immediately receive a full refund for the paid price.
- CONTRACT TERMINATION FOLLOWING AN ACT OF GOD
10.1. Both parties can terminate the travel contract if the trip is severely complicated, impaired or endangered as a result of an unforeseeable act of god. In particular, this would include unforeseeable circumstances such as war, internal unrests, epidemics, national rulings (loss of national rights, border closures), natural catastrophes, losses by sea, destruction of accommodations or similar cases.
10.2. You will immediately be reimbursed the full travel price in the event that the contract is terminated as a result of an unforeseeable act of god before travel commences. There are no further reaching entitlements. We can however demand appropriate payment for services we may already have provided.
10.3. The travel contract can also be terminated by both parties if the mentioned circumstances arise after setting out on the trip. We will take the required actions as a result such a termination of the Contract. If the contract is terminated because of the aforementioned reasons, then the additional costs for the return transportation will VerkaufAGBsEnglFax.doc/Seite 2 von 2 be shared equally by you and by us. Otherwise, the increased costs will be the responsibility of the tour participant.
11.1. We are liable within the framework of the duty of care required from a proper businessman to provide conscientious travel preparations, careful selection and supervision of the body or agency providing the services, and that the description of the service and the proper provision of the contractually agreed travel services is accurate.
11.2. Furthermore, we are also liable for any blame involving persons who have been entrusted to supply the service.
- LIABILITY RESTRICTIONS
12.1. Our liability for damages that are not personal injuries as a result of the travel contract is restricted to a maximum of three times the travel price provided, as we did not contribute towards the damages with intent or gross negligence. This restricted liability continues to be valid even if the damage occurs as a result of something for which the body or agency providing the service is to be blame.
12.2. If scheduled traffic has to be used within the framework of a trip or event or in addition to it and a respective transportation pass has to be issued to you for this purpose, then such transportation occurs on the basis of the terms and conditions of the respective transportation company; such terms can be supplied to you on demand.
12.3. Compensation for damages from us are restricted or excluded because of international agreements or legal regulations based on international agreements, which may be applicable to body or agency providing the service, if claims for compensation against the body or agency providing the service can only be enforced under certain conditions or restrictions or if this is excluded under certain conditions.
12.4. Once we are in possession of the contractual air freight carrier’s position, then the liability will be regulated according to the clauses in the civil aviation law (Luftverkehrgesetz) in connection with the Warsaw Agreement, the Haag, Guadalajara and Montreal Agreement. These agreements normally limit the airfreight carrier’s liability in the event of death or bodily harm as well as for losses and damages to luggage. Inasmuch as the travel organiser is the body or agency providing the services in other cases, then he will be liable based on these valid rulings.
- LIABILITY FOR ACTING AS A GO-BETWEEN FOR THIRD PARTY SERVICES
13.1 In the event of performance interruptions in connection with services that are only handled as third party services (e.g. sporting events, concerts, etc.) and have been identified in the description of the trip as a third party service, then we will only be liable for handling the service properly but not for the provision of the service itself. This also applies for any involvement by the tour manager in such special events.
13.2 In case of a breach of contract due to a slight fault, we are obliged to compensate the resulting damage up to the amount of the commission we have received for our intermediation.
14.1. If a travel-related service is not provided at all or in accordance with the contract, then you can demand redress within a reasonable period of time. We are entitled to remedy the situation by providing an equal remedy or one of a higher value. However, we can refuse redress, if this requires an unreasonable effort.
14.2. After completion of the tour, you can enforce a claim for the reducing of the travel price, if travel services were not provided according to the contract and if it was your fault that you did not bother to point this out at the time. The ticket price must then be reduced based on the ratio the value of a perfect trip would have over the actual value. Entitlements to a reduction do not exist if you are to blame that the fault was not pointed out.
14.3. If a tour is severely affected by a flaw and we do not provide a remedy within an appropriate period of time or no deadline can be set for this because a remedy is impossible or is rejected or termination of the contract is justified because of a special interest on your behalf, then it would be in your best interest if you terminate the travel contract in writing within the framework of the legal regulations. We will continue to remain entitled to the proportional travel cost in the amount of any partial performance you may have enjoyed.
14.4. Our tour managers are not authorised to recognise claims.
- FILING CLAIMS, EXCLUSION PERIOD, STATUTE OF LIMITATIONS
15.1. All contractual claims as a result of breached obligations must be enforced against us within a month after the contractually envisaged end of the trip. After expiry of this period, claims can only be enforced if you were not responsible for being unable to comply with the deadline.
15.2. Claims because of inferior travel services and subsequent impossibility are statute barred one year after the contractually envisaged end of the trip.
15.3. The period of limitation is inhibited until the written rejection of the enforced claims. Claims for damages as a result of unpermitted actions due to bodily harm or death are statute-barred in 3 years.
- PASSPORT, VISA, CUSTOMS, FOREIGN CURRENCY AND HEALTH REGULATIONS
16.1. Please observe our information on passport, visa and health regulations in force for your destination country, as you are solely responsible for complying with these regulations. All the disadvantages arising from the non-compliance will be your responsibility, except if you were not informed or incorrectly informed. The information applies for persons residing in the Federal Republic of Germany as long as you are the holder of a passport or identification card issued to you. If you are foreigner or holder of a foreign passport, then you may need to observe different regulations. Please ask your Consulate about these.
16.2. We will not be liable for the punctual granting or receipt of any required visas from the respective diplomatic representatives if you have commissioned us to arrangement this for you, except in the situation where we are responsible for such a delay.
- LEGAL VENUE
If the tour participant/contracting partner is a fully qualified merchant (under the German Commercial Code), then the courts in Cologne are agreed as being the legal venue for all claims arising from the travel contract. The legal regulations apply otherwise.
- FINAL CLAUSES
The invalidity of individual clauses in the travel contract including the Travel Conditions do not result in the invalidity of the overall travel contract.
footprints events GmbH
Ägidiusstrasse 22-24, 50937 Cologne/Germany
Telephone +49/221/977 556 72, Telefax +49/221/977 556 74
Email firstname.lastname@example.org, Internet https://www.footprints-incentives.de