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General terms and conditions from 01.07.2019

The following travel conditions apply to package travel contracts, to which the provisions of §§ 651a ff BGB on the travel contract apply directly. The provisions become, as far as effectively agreed, the content of the package tour contract between the traveler and the tour operator. They supplement and complete the legal provisions of sections 651 a to y BGB and Articles 250 and 252 EGBGB.

1. Conclusion of the travel contract

1.1. By registering, the customer offers the tour operator a binding conclusion of a travel contract. Registration can be made in writing, orally or by telephone. It is carried out by the applicant for all participants included in the registration, for whose contractual obligation the applicant is responsible as well as for his own obligations, provided that he has assumed a corresponding separate obligation by means of an express and separate declaration.

1.2. The contract comes into being upon acceptance by the tour operator. Upon or immediately after conclusion of the contract, the tour operator will issue the customer with a travel confirmation on a durable medium that complies with the legal requirements, unless the traveler is entitled to a paper travel confirmation in accordance with Art. 250 § 6 Paragraph 1 Sentence 2 EGBGB, because the contract in simultaneous physical presence of both parties or outside of business premises. If the content of the travel confirmation differs from the content of the registration, there is a new offer from the tour operator to which he is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the tour operator has pointed out the change to the new offer and has fulfilled its pre-contractual information obligations and the traveler declares acceptance to the tour operator by express declaration or deposit within the binding period. The pre-contractual information obligations given by the tour operator about essential characteristics of the travel services, the travel price and all additional costs, the payment modalities and the cancellation fees (according to Art. 250 § 3 No. 1.3 to 5 and 7 EGBGB) only then do not become part of the travel contract, if this is expressly agreed between the parties.

1.3. It is pointed out that due to the legal regulation of § 312 g Abs. 2 Clause 1 No. 9 BGB, there is no right of cancellation for package travel contracts that were concluded in distance selling after the contract was concluded for all the above-mentioned types of booking. Withdrawal and termination of the contract, on the other hand, is possible taking into account the provisions in sections 5 and 7.

2. Payment

2.1. Payments for the travel price before the end of the trip may only be requested and accepted if there is an effective customer money insurance contract and the traveler receives the security certificate with the name and contact details of the customer money insurer in a clear, understandable and highlighted manner within the meaning of Section 651 (4) BGB and Article 252 EGBGB was handed over. With the conclusion of the contract, a deposit of up to 10% of the travel price is required upon delivery of the security certificate, however, a maximum of EUR 500 per person. The deposit will be added to the travel price.

2.2. The rest of the payment will be made at the latest 30 days before the start of the trip, provided there no agreement is specified.

2.3. The travel documents will be sent to the customer upon receipt of payment by the organizer.

2.4. We accept bank transfer.

2.5. If the traveler does not make the down payment and the payment of the remaining amount of the travel price in accordance with the agreed due dates, although the tour operator is ready and able to provide the contractual services properly, has fulfilled his legal information obligations and there is no legal or contractual right of retention on the part of the traveler the tour operator is entitled to withdraw from the travel contract after giving a warning and to charge the traveler with cancellation costs.

3. Services

Which services have been contractually agreed can be found in the service descriptions in the prospectus and the information in the travel confirmation referring to them. The information contained in the brochure is binding for the tour operator. However, the tour operator expressly reserves the right, for factually justified, significant, unforeseeable reasons, to declare a change in the information in the prospectus before the contract is concluded, about which the traveler will be informed before booking.

4. Service and price changes

4.1. Changes or deviations of essential characteristics of 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 tour operator in good faith, are only permitted if the changes or deviations are not significant and the overall layout of the booked trip is not affect.

4.2. Any warranty claims remain unaffected insofar as the changed services are defective. If the tour operator had lower costs for the implementation of the modified trip or replacement trip with an equivalent quality, the difference must be reimbursed to the traveler in accordance with Section 651 m (2) BGB.

4.3. The tour operator is obliged to provide the customer with clear, understandable and highlighted information about service changes or deviations immediately after becoming aware of the reason for the change on a durable medium. The tour operator is obliged to provide the guest with clear, understandable and highlighted information about changes in services and deviations immediately after becoming aware of the reason for the change on a durable medium. In the event of a significant change in an essential property of a travel service or a deviation from special requirements, the traveler is either entitled to accept the change within a reasonable period of time or to withdraw from the travel contract free of charge or to request a replacement trip if the tour operator has offered such a trip , The traveler has the choice of reacting to the notification or not. If the traveler does not respond to the tour operator or does not respond within the statutory period, the notified change is considered accepted. The traveler is to be informed of this in connection with the notification of change in a clear, understandable and highlighted manner.

4.4. The tour operator reserves the right to change the prices advertised and confirmed with the booking in the event of an increase in transport costs or charges for certain services such as port or airport fees or a change in the exchange rates applicable to the trip in question, to the extent that they change Increase per person or per seat affects the travel price.

4.5. In the event of subsequent changes to the travel price or a change in an essential travel service, the tour operator must notify the traveler immediately, but no later than 21 days before the start of the trip. Price increases are not permitted from the 21st day before the start of the trip. In the event of price increases of more than 8% or in the event of a significant change to a major travel service, the traveler is entitled to withdraw from the travel contract without fees or to request participation in an at least equivalent trip if the tour operator is able to undertake such a trip at no additional cost offer for the traveler from his offer. The traveler must assert these rights immediately after the tour operator has declared the price increase or changed the travel service. In this case, the tour operator must inform the traveler about the price increase and its reasons, as well as the calculation of the price increase immediately after knowing the reason for the increase on a permanent data carrier in a clearly understandable and highlighted manner. The notified price change is considered accepted if the traveler does not respond or does not respond within the set period. The tour operator undertakes to pass on travel price reductions from the aforementioned costs to the traveler in accordance with Section 651 f (4) BGB at the request of the traveler. The tour operator can in particular request such a price reduction if and insofar as the above-mentioned costs, which can also lead to a price increase, have changed after the contract was concluded and before the start of the trip and this has resulted in lower costs for the tour operator. In this case, the traveler is entitled to deduct the administrative expenses actually incurred by the tour operator from the additional amount to be reimbursed. The tour operator must provide proof of the level of administrative tasks.

5. Cancellation by the customer, rebooking, substitutes

5.1. The customer can withdraw from the trip at any time before the start of the trip. The decisive factor is the receipt of the cancellation notice by the tour operator. The customer is recommended to declare the cancellation in writing. If the customer withdraws from the travel contract or does not commence the trip, the tour operator can demand appropriate compensation, as far as the cancellation is not his fault or extraordinary circumstances occur at the destination or in its immediate vicinity which affect the execution of the trip or the Significantly affect the transportation of people to their destination. According to Section 651 h (3) sentence 2 of the German Civil Code, circumstances are inevitable and exceptional if they are not under the control of the tour operator and their consequences could not have been avoided even if all reasonable precautions had been taken. The amount of compensation is based on the travel price minus the value of the saved costs of the tour operator and less what the tour operator acquires through other use of the travel service. The compensation is calculated as follows after the date of receipt of the cancellation notice in a percentage ratio to the travel price:

•  91 days before the start of the trip no cancellation fee

• From 90th to 60th day before the start of the trip 30% of the travel price

• From 59th to 30th day before the start of the trip 60% of the travel price

•From 29th to 15th day before the start of the trip 90% of the travel price

• From the 14th to the 0th day before the start of the trip, 100% of the travel price

Written agreements accepted by both parties can override these fees

The customer has the opportunity to provide evidence of less damage. The tour operator reserves the right to request a higher, individually calculated compensation instead of the above flat rates, provided the tour operator can prove that he incurred significantly higher expenses than the applicable flat rate. In this case, the tour operator is obliged to quantify and justify the required compensation taking into account the saved expenses and less what he obtains through other use of the travel service. The tour operator is obliged to immediately reimburse the travel price as a result of a cancellation, but in any case within 14 days after receipt of the cancellation notice. § 651 e BGB remains unaffected by the above conditions.

5.2. After conclusion of the contract, the traveler is not entitled to changes in the travel date, the travel destination, the place of departure, the accommodation or the mode of transport. This does not apply if the rebooking is necessary because the tour operator has not provided the traveler with insufficient or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB, in this case the rebooking is possible free of charge. If changes are requested at the request of the customer after the booking, fees and costs incurred may be charged, if they are possible at all.

5.3. According to § 651 e BGB, the traveler can declare within a reasonable period of time before the start of the trip on a permanent data carrier that a third party enters into the rights and obligations from the travel contract instead. The declaration is in any case timely if it is received by the tour operator no later than seven days before the start of the trip. The tour operator can object to the entry of the third party if the third party does not meet the contractual travel requirements. If a third party enters the contract, he and the traveler are jointly and severally liable to the tour operator for the travel price and the additional costs arising from the entry of the third party. The tour operator may only request reimbursement of additional costs if and insofar as these are reasonable and have actually arisen. The tour operator must provide the traveler with proof of the amount of additional costs incurred by the entry of the third party.

5.4. A travel cancellation insurance (with 20% deductible) is included in the travel price.

6. Services not used

If the traveler accepts individual travel services for the contractual provision of the tour operator and was not able due to early return or for other compelling reasons for reasons attributable to the traveler, he is not entitled to a proportional reimbursement of the travel price, insofar as such reasons he would not have been entitled to withdraw free of charge or to terminate the travel contract in accordance with the statutory provisions. The tour operator will endeavor to reimburse the saved expenses for the service providers. This obligation does not apply if the services involved are completely insignificant or if there are legal or official provisions opposing reimbursement.

7. Cancellation and termination by the tour operator

In the following cases, the tour operator can withdraw from the contract before the start of the trip or terminate the travel contract after the start of the trip.

a.) Without observing a deadline. If the traveler permanently disrupts the implementation of the trip regardless of a warning from the tour operator or if he behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If the tour operator cancels, he retains the right to the travel price; however, he must have the value of the saved expenses and the advantages which he obtains from any other use of the services not used, including the amounts brought to him by the service providers, taken into account.

b.) The tour operator can only withdraw from the travel contract up to 4 weeks before the start of the trip if a minimum number of participants specified in the catalog or advertisement on the Internet is not reached if he quantifies the minimum number of participants in the respective pre-contractual information and the date up to which before the contract agreed travel commencement, the customer must have received the declaration at the latest, and has indicated the minimum number of participants and the latest withdrawal period in the travel confirmation. Cancellation must be declared to the traveler no later than on the date specified to the customer in the pre-contractual information and the travel confirmation, i.e. up to 4 weeks before the start of the trip. The organizer will inform the traveler immediately if it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached. The customer will immediately, but in any case within 14 days after receipt of the cancellation notice, immediately get back the paid travel price.

8. Insolvency insurance

According to § 651rk BGB, the tour operator is obliged to secure the customer money received against their own insolvency and bankruptcy and to ensure that payments made to the traveler before the start of the trip as well as necessary travel expenses in the event of bankruptcy are reimbursed. We have taken out this insolvency insurance with R + V Allgemeine Versicherung AG.

9. Warranty

A. Remedy.

If the trip is not performed in accordance with the contract, the traveler can request remedial action. The tour operator can refuse the remedy if it requires a disproportionate effort. The tour operator can also remedy the situation by providing an equivalent replacement service. The tour operator can refuse the remedy if it requires a disproportionate effort.

B. Reduction of the travel price

For the duration of the non-contractual provision of the trip, the traveler can request a corresponding reduction in the travel price (reduction). The travel price is to be reduced in the ratio in which, at the time of the sale, the value of the travel in a defect-free condition would have been at the actual value. The reduction does not occur if the traveler culpably fails to report the defect.

C. Termination of the contract

If a trip is significantly impaired due to a defect of the type described in § 651 i (2) BGB and the tour operator does not remedy the situation within a reasonable period of time, the traveler can use the travel contract in accordance with the statutory provisions in his own interest and for reasons of preservation of evidence terminate by a declaration on a durable medium. The same applies if the traveler cannot be reasonably expected to travel due to a defect for an important reason recognizable to the tour operator. The determination of a deadline for the remedy is only not necessary if the remedy is impossible or is refused by the tour operator or if the immediate termination of the contract is justified by a special interest of the traveler. He owes the tour operator the part of the travel price attributable to the services used, provided these services were of interest to him.

D. Compensation

Without prejudice to the reduction or termination, the traveler can demand compensation for non-fulfillment, unless the defect in the trip is due to a circumstance for which the tour operator is not responsible.

E. Duty to assist

The tour operator refers to the duty of assistance according to § 651 q BGB, according to which the traveler in the case of § 651 k Abs. 4 BGB or for other reasons is to be guaranteed appropriate assistance immediately, in particular by a) providing suitable information about health services, Local authorities and consular support b) Assistance in establishing long-distance communication links and c) Assistance in finding other travel options. Section 651 k (3) BGB remains unaffected.

10. Limitation of liability

10.1. The tour operator's contractual liability for damage that is not bodily injury and has not been culpably caused is limited to three times the travel price. Any further claims under international agreements or based on such statutory provisions remain unaffected by the restriction.

10.2. The tour operator is not liable for service disruptions, personal injury or property damage in connection with services that are only mediated as external services (e.g. sporting events, theater visits, exhibitions, etc.) if these services are expressly stated in the travel advertisement and the travel confirmation the identity and address of the brokered contractual partner have been so clearly marked as external services that they are clearly not part of the package tour of the tour operator and have been selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected. However, the tour operator is liable if and insofar as damage to the traveler is caused by the violation of information, information or organizational obligations on the part of the tour operator.

11. Obligation to provide information on the identity of the operating air carrier

The tour operator is obliged to provide information on the identity of the operating airlines of all flight transport services to be provided as part of the booked trip when booking a flight. If the air carriers involved have not yet been determined when the booking is made, the tour operator will inform the traveler of the companies that are likely to operate the flights. As soon as the tour operator knows which airlines will operate the flights, he will inform the traveler immediately. The same applies to a change of a named airline. The "Black List" can be called up on the website of the European Commission (http://ec.europa.eu/transport/air-ban/list_de.htm.).

12. Baggage damage and baggage delay when traveling by air

The traveler is advised that baggage loss, damage and delay in connection with air travel in accordance with the aviation regulations must be reported by the traveler on the spot to the responsible airline by means of a notice of damage (P.I.R.). Airlines generally refuse reimbursements if the claim has not been completed. The damage report is to be made within 7 days in the event of baggage loss, or within 21 days after delivery if the baggage is delayed. In addition, the loss, damage or misdirection of luggage must be reported to the tour guide or the local representative of the tour operator. This does not release the traveler from submitting the claim to the airline within the above deadlines.

13. Assertion of claims and limitation, consumer dispute resolution

13.1. The traveler must assert claims against the tour operator in accordance with section 651 i (3) nos. 2 to 7 BGB. The assertion can also be made through the travel agent if the trip was booked through this travel agent. An assertion on a durable medium is recommended.

13.2. Claims expire after two years in accordance with § 651 j BGB. The limitation period begins on the day on which the trip should end according to the contract.

13.3. With regard to the law on consumer dispute resolution, the tour operator points out that the tour operator does not participate in a voluntary consumer dispute resolution. If a consumer dispute resolution would become mandatory for the tour operator after these travel conditions had been printed, the tour operator will inform the traveler about this in a suitable form. The tour operator refers to the European online dispute resolution platform ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.

14. Passport, Visa and Health Regulations

With the booking confirmation, the tour operator will inform you about the general passport and visa requirements as well as about the health regulations of the travel destination, including the approximate deadlines for obtaining any visas that may be required before the contract is concluded and about any changes that may have been made before the start of the trip. You are responsible for complying with passport, visa and health regulations. All disadvantages arising from non-compliance with these regulations are at your expense. We are not liable for the timely issue and access of necessary visas by the respective diplomatic mission if we have been instructed to provide them, unless we have violated our own obligations.

15. Ineffectiveness of individual provisions

The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract.

As of July 2019

Tour operator: BAUR Touristik GmbH 88693 Deggenhausertal

NEWS

Many of our guests have rebooked their trip to 2021 trips due to the corona-related cancellation. Thank you very much for that.
All guests who could not decide were refunded their payments within 2 days.

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