1. Conclusion of the travel contract
1.1. Travel reservations can be made online, orally, by phone or by e-mail. The travel contract should be concluded with the forms of the tour operator (travel registration and travel confirmation) including all agreements, side agreements and specifications of the traveler. Upon conclusion of the contract, the traveler receives by e-mail the travel confirmation, which also serves as confirmation of the contract and § 651d para. 3 p. 2 BGB corresponds.
1.2. The traveler is bound to the travel registration for 5 days. Within this period the journey is confirmed by the organizer.
1.3. By telephone, the organizer takes only binding reservations, as the traveler is expressly advised. Thereafter, the travel contract to Ziff. 1.1. getting closed.
1.4. A travel confirmation deviating from the travel registration or not timely is a new contract application, to which the organizer is bound for 10 days and which the traveler can accept within this period.
1.5. When booking travel via the Internet, the traveler offers the organizer the conclusion of the travel contract by pressing the button "book with a fee" binding. The customer is immediately informed of the receipt of his booking (travel registration) by electronic means. Moreover, the instructions for booking and travel confirmation on the website are crucial.
2. Organized services
2.1. In the case of explicit and unambiguous in the prospectus, the travel documents and in the other explanations referred to as mediated additional fringe benefits, we are not organizer, but only mediators i.S. of § 651v BGB. As a mediator, we are therefore liable in principle only for mediation (including accounting errors attributable to us according to § 651x BGB), but not for the brokered services themselves (see §§ 675, 631 BGB). Our contractual liability as an intermediary is excluded unless physical injury, intent or gross negligence is involved, primary obligations under the travel agent contract are affected, there is a reasonable possibility to take out insurance or an agreed quality is lacking.
2.2. For services which, after the start of the provision of a package holiday, have the traveler's benefit, e.g. is selected at the holiday destination is also Ziff. 2.1. decisively.
3. Passport, visa and sanitary formalities
3.1. The organizer shall inform the traveler about general passport and visa requirements, including the approximate time limits for obtaining visas, as well as the health formalities of the country of destination (including interim changes) prior to the travel registration.
3.2. After fulfilling the information obligation in accordance with para. 3.1. the traveler himself has to create the conditions for the travel participation and to carry along the necessary travel documents, if the organizer has not expressly committed to the procurement of the visa or travel documents or certificates etc..
3.3. If the trip can not be started due to lack of personal preconditions, the traveler is responsible for this, if this is solely due to his culpable behavior (eg invalid visa, missing vaccination). Insofar, para. 9. (resignation) accordingly.
4.1. The demand or acceptance of payments from associated travel services, e.g. group trips, (payment or balance) of the traveller is only permitted after the conclusion of the contract if there is an effective customer money guarantee contract and transmission of the security certificate. Individual services, for example, pure hotel bookings are not affected.
4.2. Advance payment for group travel: For connected travel services (group travel), 20% of the travel price must be paid after the conclusion of the travel contract, unless the parties agree otherwise expressly.
4.3. Final payment for group travel: The remaining amount must be paid without request at least three weeks before the start of the journey, step by step, against delivery of the complete travel documents, as far as necessary for the journey and / or provided for. For journeys with a minimum number of participants, the balance must be paid if the organizer no longer acc. 13. can resign.
4.4 Deposit Hotel booking: For individual services (hotel booking) 100 € must be paid at the latest 24 hours after booking in order to maintain the reservation. Alternatively, the total amount can be paid as a complete payment by delivery of the complete travel documents.
4.5 Final payment Hotel booking: The balance is to be paid in installments in equal parts. A corresponding payment summary is included in the booking confirmation.
4.4. Contracts two weeks before the start of the journey generally oblige the traveler to pay the entire price of the journey immediately, in return for delivery of the complete travel documents, as far as necessary for the journey.
4.5. If the traveller does not pay the due payments (payment to and balance), the tour operator can withdraw from the contract after a reminder and a reasonable deadline and a cancellation fee according to Section 3 of the contract. 9. request.
5. Benefits and obligations
5.1. The organiser reserves the right to make changes to the brochure/catalogue, in particular changes to the description of the services and the prices. He / she may declare a specific change in the prospectus and price information if he / she informs the Traveller about this prior to travel registration.
5.2. The organiser shall be obliged to provide information before travel registration, insofar as this is significant for a planned package tour, in accordance with § 651d para. 1 of the German civil code (BGB) (in particular about essential characteristics of the trip, travel price, payment of the balance, minimum number of participants, cancellation fees, form for package tours).
5.3. The content of the contract and the services shall be determined according to the information provided by the organiser before the start of the trip in accordance with Clause 2. 5.1. what is the difference? and in particular the agreed specifications of the traveller, unless expressly agreed otherwise. They shall be included in the travel declaration and confirmation of travel (see above paragraph 2). 1.). In addition, the traveller is obliged to inform the traveller, unless he is already in receipt of the request (confirmation of travel – see above paragraph 2). 1.) upon conclusion of the contract, immediately after conclusion of the contract to provide a complete travel confirmation or copy of the contract.
5.4. The organizer must inform about his assistance obligations and fulfil these according to § 651q German civil code (BGB) if the traveller is in difficulty, for example, with regard to the agreed return transport or other reasons. In the event of circumstances for which the traveller is responsible, the organiser may demand reimbursement of reasonable and actual expenses.
5.5. The organiser shall provide the traveller with the necessary travel documents in good time before the start of the trip and shall inform him of any changes that have occurred after the conclusion of the contract.
5.6. Price and performance changes after conclusion of contract are in no. 6. as well as point 7. regulated.
6. Insignificant and significant changes in performance
6.1. Insignificant changes to the travel services by the organizer are unilaterally permissible, but only effective if the organizer informs the traveler, e.g. by e-mail, fax, SMS or in paper clear, understandable and explained in a prominent manner before departure. The rights of the traveler in case of travel shortages remain unaffected.
6.2. Substantial changes to the contract are not unilateral and only permissible under the specific conditions of § 651g BGB before the start of the journey. by e-mail, fax, SMS or paper. The traveler may resign or accept the offered contract change or replacement trip within the acceptance period of the organizer. Without a timely declaration of the traveler the offer of the organizer is considered accepted. For the rest, § 651g para. 3 BGB is applicable.
6.3. If the substantial change or the replacement travel is accepted, then the traveler is entitled to a reduction (§ 651m Abs. 1 BGB), if the replacement travel is not at least equivalent. If the change results in lower costs for the organizer, the traveler will have to reimburse the lower costs (§ 651m para. 2 BGB).
7. Price increase and price reduction before departure
7.1. The organizer can increase prices up to 8% of the travel price unilaterally only if the reasons for the increase from immediately resulting and after conclusion of contract increased transport costs (fuel, other energy), or increased taxes and other charges (tourist tax, port or airport fees), or change the exchange rates applicable to the package. The resulting changes to the agreed and changed travel price (difference) are calculated according to the number of passengers, converted to the person and increased pro rata. If the organizer does not inform the traveler by e-mail, fax, SMS, paper etc. clearly and understandably about the price increase, the reasons and the calculation at the latest 20 days before departure, the price increase is not effective.
7.2. If the amount exceeds that stated in para. 7.1. Reserved price increase 8% of the travel price, the organizer can not make it unilaterally, but only under the strict conditions of § 651g BGB. He can offer a corresponding price increase and require the traveler extent that the traveler it accepts or withdraws within the specified by the organizer reasonable time. Details are contained in § 651g BGB.
7.3.The traveler may demand a reduction of the travel price, if and in so far as the in ziff. 7.1. prices, duties or exchange rates have changed after conclusion of the contract and prior to departure and this leads to lower costs for the organizer. If the traveler has paid more than the amount due thereafter, the excess amount shall be reimbursed by the tour operator. The Organizer may deduct from the excess amount to be reimbursed the administrative expenses actually incurred by it. He must prove to the traveler, at his request, how much administrative expenses have been incurred.
8. Transfer Of The Agreement – Replacement Travelers
8.1. The traveller may, within a reasonable period of time, in any case upon receipt not later than seven days before the start of the trip, declare in writing that a third party instead enters into the rights and obligations arising from the package travel contract.
8.2. The organiser may object to the occurrence of the third party if it does not meet the contractual travel requirements.
8.3. If a third party enters into the contract, he and the traveller shall be jointly and severally liable to the organiser for the travel price and the additional costs incurred as a result of the entry of the third party. The tour operator may only claim reimbursement of additional costs if and to the extent that they are reasonable and actually incurred.
8.4. The organiser must prove to the traveller the amount of additional costs incurred as a result of the occurrence of the third party.
9. Cancellation by the traveller before departure – Non-commencement of journey
9.1. The traveller may withdraw from the contract at any time before the start of the trip. The cancellation should be made in writing or in text form (E-Mail) to the organiser. The access of the cancellation at the organizer is decisive.
9.2. If the traveller withdraws from the contract or does not accept the trip, the tour operator loses the right to the agreed travel price. However, the tour operator may demand appropriate compensation.
9.3. Compensation packages
up to 30 days before departure 20%,
up to 21 days before departure 30 %,
up to 7 days before departure 50 %,
up to 1 day before departure 75 %,
in case of non-arrival of the trip 95%.
9.4.The traveler is expressly permitted to prove that the claim for compensation did not arise or that the compensation is substantially lower than the specified lump sum.
9.5. After the resignation of the traveler, the organizer is obliged to refund the travel price. The refund must be made immediately, but in any case within 14 days after receipt of the declaration of withdrawal.
9.6. Notwithstanding Section. 9.2. the tour operator can not claim compensation prior to departure if unavoidable, exceptional circumstances occur at or near the place of destination which materially affect the performance of the package holiday or the transport of persons to the place of destination. Circumstances are unavoidable and extraordinary i.S. this subtitle, if they are not under the control of the Party, which invokes it and can not have avoided its consequences even if all reasonable precautions had been taken.
10. Transfers and modifications at the request of the traveler
10.1. In principle, there is no right of the traveller to change the contract after the conclusion of the contract. However, the organizer may, as far as possible, permissible and reasonable, take into account wishes of the traveller.
10.2.If the traveller demands changes or changes after conclusion of the contract, the organiser may demand a flat-rate processing fee of 27 EURO in the case of transfers etc., unless he can prove a higher processing fee or a higher compensation, the amount of which is determined according to the travel price minus the value of the expenses saved by the tour operator.
If the trip is canceled due to a circumstance or if a service is not used for a reason that is within the sphere of the traveler (eg illness), the organizer shall not reimburse the service providers for saved expenses and the proceeds they have earned To achieve the services used, provided that it is not completely insignificant services or legal or regulatory provisions oppose this.
12. Termination in case of serious disruption by the traveler - obligation to cooperate
12.1. The organizer may terminate the travel contract without notice if the traveler, despite being warned, interferes significantly further, so that his further participation in the event of the organizer and / or the travelers is no longer reasonable. This also applies accordingly if the traveler does not adhere to objectively justified information. In this case, the tour operator shall continue to be entitled to the travel price insofar as expenses and benefits not saved can result from any other utilization of the travel service (s). Claims for damages of the organizer remain untouched.
12.2. The traveler should take the reasonable steps (for example, information provided by the organizer) to avert or minimize the threat of unusually high damage.
13. Failure to reach the minimum number of participants in group travel
13.1. The organizer has to inform the traveler in case of group travel (package tours) prior to travel registration and in the travel confirmation about minimum number of participants and deadline.
13.2 The organizer may withdraw from the contract prior to departure if the package travel is either less than 20 persons or less than the minimum number of participants specified in the contract.
13.2. The organizer may withdraw from the contract prior to departure if fewer persons than the minimum number of participants specified in the contract have registered for the package holiday.
13.3. If the minimum number of participants according to para. 13.1. If the organizer does not wish to cancel the event, the organizer must declare the withdrawal within the period specified in the contract, but at the latest for a travel duration of more than six days 20 days, for a travel period of two to a maximum of six days 7 days and for a travel duration less than two days 48 hours - before departure.
13.4. If the tour operator withdraws from the contract, he loses the claim to the agreed travel price.
13.5.The organizer is obliged to refund the travel price as a result of the cancellation and must refund it immediately, but in any case within 14 days after the cancellation.
14. Registration of passengers with reduced mobility / exclusion from travel
14.1. For the trips organized by the organizer, the suitability for travelers with reduced mobility can not be guaranteed or only conditionally guaranteed.
14.2. A traveler who is dependent on or in a mental or physical condition that disables (or could disable for the intended duration of the journey, such as pregnancy) the traveler or at the risk of the traveler or a third party has to register this with the organizer as early as possible before the start of the journey.
14.3. If the traveler is excluded from the trip by the service provider (eg airline or shipping company) for the reasons stated above, the organizer may withdraw from the travel contract in whole or in part or terminate the travel contract in whole or in part without notice after the trip begins. Any claims for damages of the organizer due to a late registration of the reasons for hindrance by the traveler remain unaffected.
14.4. If the exclusion of the traveler by the service provider prior to departure, the traveler has to the organizer in paragraph 8.3. to pay the said compensation; the passenger is expressly permitted to prove that the claim for compensation did not arise or that the compensation is substantially lower than the flat rate stated.
14.5.If the exclusion of the traveler by the service provider at or after departure, the organizer of the travel price remains, as far as not saved expenses and benefits resulting from a different utilization of the travel service (s). Claims for damages otherwise remain unaffected.
15. Cancellation by the organiser in the event of unavoidable, extraordinary circumstances
15.1. The organizer may withdraw from the contract before the start of the trip if he is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances and he declares the withdrawal immediately after becoming aware of the reason for the withdrawal.
15.2. By the withdrawal according to Clause. 14.1.4. if the organiser loses the right to the agreed travel price, he is obliged to reimburse the travel price and has to pay the refund immediately, but in any case within 14 days of the withdrawal.
16. Travel defects, rights and obligations of the traveler
16.1. Notice of defects by the traveller: the traveller must immediately inform the organiser of a travel defect on-site. If the organiser was unable to remedy the situation due to the culpable omission of the notification by the traveller, the traveller cannot demand a reduction in accordance with § 651m of the German civil code (BGB) or compensation in accordance with § 651n of the German civil code (BGB).
16.2. Addressee of the notification of defects: travel defects must be reported to the tour guide during the trip. If a tour guide or a representative of the organizer is not available or not agreed, travel defects are to be reported directly to the organizer or the contact point specified in the travel confirmation, provided that a quick connection is possible (E-Mail, Fax, telephone numbers result from the travel confirmation).
16.3. Request remedy and self-help: The traveler can ask for remedy. The organizer has to eliminate the travel shortage. If the organizer does not remedy this within the reasonable time set by the traveler, the traveler can remedy the situation himself and demand compensation for the necessary expenses. If the remedy is denied or it is immediately necessary, there is no time limit. The organizer can only refuse the remedy if it is impossible or disproportionately expensive, taking into account the extent of the travel shortage and the value of the travel service concerned. In these cases, § 651k (3) to (5) BGB applies. The organizer is obliged to inform the traveler about replacement services, return transport etc. and consequences and to fulfill his duties of assistance (see § 651q BGB).
16.4. Reduction: the travel price is reduced for the duration of the travel shortage according to § 651m BGB (German civil code). On Point. 15.1. (see above) is referenced.
16.5. Cancellation: if the package tour is significantly affected by the lack of travel, the traveller may cancel the contract after expiry of a reasonable period of notice to be set by him. If the organiser refuses the remedy or if it is immediately necessary, the traveller can cancel without giving notice. The consequences of termination arise from § 651l para. 2 and para. 3 BGB.
16.6. Compensation for damages: the traveller may claim compensation in accordance with § 651n BGB without prejudice to the reduction or termination. In the event of an obligation to pay damages, the organizer shall pay the damages without delay.
16.7. Credit for compensation: if the traveller is entitled to compensation for damages or reimbursement of an amount overpaid as a result of a reduction, the traveller must have the amount credited as compensation or reimbursement in accordance with international agreements or statutory provisions based on the same event in accordance with Section 651p para. 3 of the German civil code.
17. Limitation of liability
17.1. The contractual liability of the organizer for damages that are not personal injury, is limited to three times the travel price, as far as a damage of the traveler is neither intentional nor grossly negligent, or insofar as the organizer is responsible for the damage caused to the traveler solely because of a fault of a service provider is.
17.2. Where international agreements or legal provisions based on them under which a claim for damages can only be asserted under certain conditions or limitations apply to a travel service to be provided by a service provider, the organizer may refer the traveler to these conventions and the arrangements based thereon statutory provisions.
17.3. In para. 16.7. (Crediting of compensation) is referenced.
18. Statute of limitation - Assertion
18.1. The claims according to § 651i Abs. 3 Nr. 2., 4. bis 7. BGB must be asserted to the organizer or the travel agent who made the booking.
18.2.The claims of the traveler - with the exception of personal injury - under § 651i para. 3 BGB (remedy, notice, reduction, compensation) become time-barred after two years. The period of limitation begins on the day on which the package holiday ends according to the contract.
19. Choice of law and jurisdiction
The traveler may sue the tour operator at his seat. For complaints of the tour operator against the traveler whose domicile is relevant, unless they are full merchants or persons who have moved their domicile or habitual residence abroad after conclusion of the contract or their residence or whereabouts at the time the action is not known. In these cases, the location of the tour operator is decisive.
20. Ineffectiveness of individual provisions
The invalidity of individual provisions does not justify the ineffectiveness of the travel contract otherwise. This also applies to the present travel conditions.
21. Consumer dispute resolution and online dispute resolution platform
21.1. Our company DLT Travel GmbH does not participate in a dispute resolution procedure before a consumer arbitration board.
21.2. Online dispute resolution platform: The European Commission provides a platform for the online settlement of consumer disputes for contracts via the organizer's website or by e-mail at http://ec.europa.eu/consumers/odr/.
Organizer, contact address for assistance and notification of defects:
DLT Travel GmbH