GENERAL TRAVEL CONDITIONS
1. Conclusion of travel contract
With the application the client provides E-Two-Travel
obligatorily with the conclusion of the travel contract. The application can be
done in writing, verbally or by telephone. It is effective for the applicant
and all participants listed in the application, for whose contract obligations
the applicant is responsible as well as for his own ones, in case that he has
taken over an accordant separate obligation by explicit and separate
declaration. The contract is materialized by the acceptance of E-Two-Travel and
does not require any defined form. With or directly after conclusion of the
contract E-Two-Travel will hand out a travel confirmation to the client. If the
content of the confirmation differs from the content of the application, there
exists a new offer of E-Two-Travel to which it is bonded for the following 10
days. The contract is materialized based on this offer if the traveller
declares his acceptance within this period of commitment.
2. Payment
Payment on the travel price before completion of the
travel are only allowed towards the handing over of the chattel paper in the
sense of § 651 k Abs. 3 BGB.
2.1 With conclusion of the travel contract a prepayment
up to 30 % of the travel price comes due. This amount is deducted from the
travel price.
2.2 The final payment comes due as agreed in the
individual case, latest 30 days before commencement of travel. If there is not
an agreement it comes due when the travel cannot be cancelled anymore for
reasons mentioned in figure 7.2 or 7.3.
2.3 Per choice of the client E-Two-Travel will send
directly after payment or will hand out towards payment the travel documents to
the client.
3. Services
Which services are agreed contractually, result from
the service descriptions on E-Two-Travel Website as well as from the hereupon
referring details in the travel confirmation. Supplements to the agreement
which are changing the extent of the contracted services, require explicit
confirmation. Information in the internet or on the travel schedule are binding
for E-Two-Travel. E-Two-Travel reserves formally to declare a change of
information before contract conclusion due to factually legitimate, significant
or unforeseeable reasons, about which the traveller is naturally informed
before booking.
4. Changes of services and prices
Changes of services and prices, changes of single
rooms or meanderings of particular travel services towards the agreed content
of the travel contract which become necessary after contract conclusion and
which are not effected by E-Two-Travel against goo faith, are only allowed
insofar as the changes or meanderings are not significant and do not affect the
total layout of the booked travel. Possible warranty claims stay unaffected as
far as changed services are afflicted with deficits. E-Two-Travel is committed
to inform the client immediately about changes or meanderings of services.
Where required it will provide the client with rebooking or cancellation free
of charge. E-Two-Travel reserves to change the advertised or with the booking
confirmed prices in case of the increase of transportation costs or dues for
defined services like harbour or airport dues or a change of the currency rate
which is valid for the respective travel, in this expense that affects the
increase of the travel price per person or per seat, insofar as between the
contract conclusion and the agreed travel date lie more than 4 months and the
circumstances leading to the increase had not occurred before contract
conclusion and had not been foreseeable at contract conclusion. In case of
subsequent change of the travel price or change of a significant travel service
E-Two-Travel has to inform the travellers immediately. Price increases from the
20th day before commencement of travel are ineffective. In case of
price changes more than 5 % or in case of a significant change of a substantial
travel service the traveller has the right to resign from the travel contract
at no charge or to require the participation in an travel at least of the same
value, if E-Two-Travel has the ability to offer such a travel out of its range
without additional charge. The traveller has to claim these rights directly
after the declaration of E-Two-Travel about the price increase or change of
travel service. E-Two-Travel points out that in many destinations single rooms
are just available in a limited number. For bookings of single persons
E-Two-Travel assumes a single occupancy with accordant additional fee. Should
the occupancy of an half double room be the base of reservation on the part of
the client, E-Two-Travel offers the client cancellation at no charge for the
case that no partner can be found, otherwise additional fee for single
occupancy comes due.
5. Cancellation on the part of the client, rebooking,
replacements
5.1. Before commencement of travel the client can
withdraw the travel every time. The receipt of the cancellation by E-Two-Travel
is relevant. It is recommended to the client to declare the cancellation in
writing. In the case that the travel participant does not take the travel for
reasons the tour operator is not responsible for it is equal to cancellation.
Cancellation fees have also to be paid if a travel participant does not appear
betimes at the respective airport or location of departure according to the
times known through the travel documents. If the client withdraws the travel
contract or does not take the travel, E-Two-Travel can require compensation for
the travel arrangements and its expenses. The calculation of the compensation
has to consider common saved expenses and common ulterior use of the travel
services. E-Two-Travel can trivialize the claim for compensation under
consideration of following classification according to the shortness of the
cancellation to the contracted commencement of travel in a percentage to the
travel price:
u Up to including 50 days before commencement of travel
50%
u Up to including 30 days before commencement of travel
75 %
u Up to including 20 days before commencement of travel
100 %
For all bookings with travel period between 17th
December and 10th January every year the total invoice amount (100
%) has to be paid directly after confirmation by E-Two-Travel. Refunds by
E-Two-Travel in case of cancellation of travel on part of the client are not
possible.
5.2. If there are done any changes according to the
wish of particular clients or travel groups concerning the date of travel,
travel destination, location of departure, accommodation or mode of
transportation after booking for a date which lies inside the seasonal validity
of travel advertisement, E-Two can charge a rebooking fee in the height of 50 €
per traveller up to 30 days before commencement of travel. Client's rebooking
wishes which take place after this point, as far as the realisation is actually
possible, can only be operated after withdrawal from the travel contract on the
terms of cipher 5.1 and new registration at the same time. This is not valid
for rebooking which cause only marginal costs.
5.3 Up to commencement of travel the traveller can
require that instead of him a third person stands up for the rights and
obligations from the travel contract. E-Two-Travel can disagree to the
admission of the third person if this one is not adequate to the special travel
requirements or his participation is opposed to statutory provisions or
official directives. If a third person stands up into the contract he and the
traveller are liable to E-Two-Travel for the travel price and for the costs
caused by the admission of the third person as joint debtor.
5.4 In case of cancellation E-Two-Travel can require
the actually caused costs from the client.
6. Non-utilized services
Does the traveller not utilize particular travel
services due to early departure or other urgent reasons there is no claim for
proportionate refund at the part of the traveller. However E-Two-Travel goes
after the refund of saved services at the service providers. This obligation
does not apply if it deals with totally insignificant services or if a refund
is opposed to statutory provisions or official directives.
7. Withdrawal and cancellation at the part of
E-Two-Travel
E-Two-Travel can withdraw from the travel contract
before commencement of travel or cancel the travel contract after commencement
of travel due to the following reasons:
7.1 Without adherence of a time limit, if the
traveller strongly violates the realisation of the travel irrespective of a
warning by E-Two-Travel or if he behaves contrary to contract in such an
expense that the immediate annihilation of the contract is legitimate. If
E-Two-Travel cancels it keeps the claim of the travel price however it has to
make allowance for the saved expenses as well as the advantages which it gets
through the ulterior use if non-utilized services including the fees which the
service providers have credited.
7.2 Up to 2 weeks before commencement of travel, due
to non-achievement of an advertised or officially fixed minimum attendance if
in the travel advertisement for the accordant travel it is pointed to a minimum
attendance. In every case E-Two-Travel is committed to inform the client
directly after occurrence of the conditions for the non-realisation of the
travel and to forward him directly the declaration of withdrawal. The client
receives back directly the paid travel price. Should it be already visible that
the minimum attendance cannot be reached to an earlier point in time,
E-Two-Travel has to inform the client.
7.3 Up to 4 weeks before commencement of travel, if
the realisation of the travel is not reasonable for E-Two-Travel after
exhaustion of all options, because the booking quantity for the travel is so low that in case of realisation
the costs caused by this travel would mean to E-Two-Travel that the economic
sacrificial limit is exceeded. However, the right of withdrawal by E-Two-Travel
is only existent if it is not responsible for the circumstances which lead to this
(e.g. no miscalculation), if it proves the circumstances leading to its
withdrawal and has provided the client with a comparable alternative offer.
8. Annihilation of the contract due to extraordinary
circumstances
If the travel is significantly hindered, endangered or
impaired by unforeseeable force majeure, E-Two-Travel as well as the traveller
can cancel the contract. If the contract is cancelled, E-Two-Travel can claim
an adequate compensation for the travel services already provided or for the services
which have to be provided for the finalization of the travel. Furthermore
E-Two-Travel is committed to take necessary measures to transport the traveller
reverse, especially if the contract includes reverse transportation. Additional
costs for the reverse transportation have to be carried by both parties on half
each. For the rest the traveller is charged with additional costs.
9. Liability on the part of E-Two-Travel
I. On the basis of
diligence of a prudent businessman, E-Two-Travel is liable for:
1. Diligent prearrangement
of travel
2. Diligent selection and
inspection of service providers
3. Correctness of
description of all in the website respectively in the programmes mentioned
travel services, as far as E-Two-Travel has not declared a change of
information according to cipher 3 before conclusion of contract.
4. Correct supply of the
contractually agreed travel services
II. E-Two-Travel is liable
for the default of the person who is assigned with the service provision.
III. Is there provided transportation
in regular service within this travel or additionally to this travel and a
transportation ticket is issued for the traveller therefore, E-Two-Travel
provides external service as far as it formally points to this in the travel
advertisement and in the travel confirmation. It is therefore not liable for
the provision of this service. Possible liability is ruled by the conditions of
transportation of these companies to which the traveller has to be pointed to
and which has to be made accessible to him on request.
10. Guarantee
10.1 Remedy
If the travel is not provided conventionary, the traveller can require
remedy. E-Two-Travel can deny the remedy if this demands disproportional
efforts. E-Two-Travel can also find a remedy in the form that it provides an
equal alternative service.
10.2 Reduction of travel
price
For the duration of a
non-conventionary provided travel the traveller can require accordant reduction
of the travel price. The travel price is to reduce in that percentage in which
the value of the travel at the time of disposal in a condition free from
defects and the real value were related. The reduction does not come due as far
as the traveller culpably fails to notify about the deficiency.
10.3 Cancellation of
contract
Is the travel due to a
deficiency significantly impaired and the tour operator does not find remedy in
an adequate period the traveller can cancel the travel contract within legal
requirements - in his own interest and for reasons of conversation of evidence
functional by written declaration. The same is valid if the travel cannot be
expected to the traveller as a result of deficiency for cause and visible for
the tour operator. Fixing a time limit for remedy is only not required if
remedy is impossible or is denied by E-Two-Travel or an immediate cancellation
of the contract is justified through a special interest of the traveller. He is
in debit of that part of the travel price to E-Two-Travel which is incurred by
already utilized services as far as these services have been of interest for
him.
10.4 Compensation
The traveller can require
compensation because of non-performance irrespective of reduction or
cancellation unless the deficiency of the travel is based on a circumstance
which E-Two-Travel is not responsible for.
11. Limitation of liability
11.1 Contractual liability
The contractual liabilities
of E-Two-Travel for damages which are not physical damages are limited to the
triple of the travel price,
a)
as
far as a damage of the traveller was neither caused with intent nor grossly
negligent
b)
as
far as E-Two-Travel is only responsible for traveller's damage through the
default of a service provider.
11.2 Tortious liability
For client's claims of
damages against E-Two-Travel in tort which are not based on intent or gross
negligence, E-Two-Travel is liable for damage to property up to 4.100,- €. Does
the triple of the travel price exceed this amount the liability is limited to
the triple of the travel price. These maximum amounts of liability are valid
respectively per traveller per travel. In relation to this it is recommended to
the client in his own interest to effect a travel accident insurance and a
travel baggage insurance.
11.3 E-Two-Travel is not
liable for impairments of performance in relation to services which are only
acted as agent (e.g. sport events, theatre visits, exhibitions etc.) and which
are formally indicated as external service in travel advertisement.
11.4 A claim of damage
against E-Two-Travel is limited or excluded as so far a claim of damage against
the service provider can only be enforced under certain conditions or
limitations or is excluded under certain conditions as a result of
international agreements or such based statutory provisions which have to be
applied to the service performed by the service provider.
11.5 If E-Two-Travel
inheres the position of an air carrier the liability is ruled by the specific
Air Traffic Act in combination with the International Agreements of Warsaw, The
Hague, Guadalajara and the Agreement of Montreal (only for flights to USA and
Canada). Generally these agreements limit the liability of the air carrier for
death or battery as well as for loss or damage of baggage. As far as
E-Two-Travel is service provider in other cases it is liable according to the
regulations valid for these.
11.6 If E-Two-Travel
inheres within cruises the position of a contractual ship owner, so the
liability is ruled by the regulations of the code of commerce and the law of
inland water navigation.
12. Obligation to
co-operate
The traveller is committed
to co-operate at occurring impairment of the performance in line with the legal
requirements to avoid or to keep low possible damages. The traveller is
particularly committed to submit his claims immediately to the attention of the
local tour guide or the tour operator. These are in charge of arranging remedy,
as far as this is possible. To be able to deal with possible requirements of
the travel participant e.g. because of impairment it is useful when a written
confirmation of the person who has taken in the claim is existent. If the
traveller culpably fails to give notice of the deficiency the requirement of
impairment does not occur.
13. Loss or damage of
baggage
At the case of damage or
delay of baggage the carrier has to be informed immediately. The carrier is
committed to the issuance of a written confirmation (in case of air carriage
called P.I.R. = Property Irregularity Report). If the report is not made in
time it could lead to a loss of requirement. The airlines are liable for the
baggage according to their conditions of carriage.
14. Insurances
E-Two-Travel recommends the
conclusion of the following insurances: Curtailment insurance, baggage
insurance, travel accident insurance, travels emergency insurance, medical
travel insurance and travel casualty insurance. Furthermore E-Two-Travel
recommends the conclusion of travel cancellation insurance as far as this is
not included in the travel price. This does not liberate the traveller from the
obligation to pay the owing cancellation compensation to E-Two-Travel. He has
only a claim for refund against the insurance company according to the
insurance conditions.
15. Exclusion of liability,
claims and prescription
Claims due to
non-contractual provision of the travel against E-Two-Travel the traveller has
to assert within one month after contractually scheduled finalization of the
travel. After expiration of this time limit the traveller can assert claims if
he was hindered to keep the time limit without his fault. Traveller's claims
according to §§ 651 c to 651 f German Civil Code prescribe after one year. The
prescription begins on the day on which the travel should end according to the
contract. Are there pending negotiations between the traveller and E-Two-Travel
about the claim or the circumstances constituting the claim, the prescription
is suspended until the traveller or E-Two-Travel deny the continuation of the
negotiations. The prescription occurs earliest three months after the
suspension. For circumstances of force majeure like natural phenomenon or other
indispensable coincidences (war, strike, material failure, operational
disturbance, government enactment or similar issues, unconcerned if these occur
to E-Two-Travel or other service providers) which hinder the performance of the
travel services or make them totally or partly impossible, E-Two-Travel is not
responsible.
16. Passport-, visa- and
health regulations
E-Two-Travel is responsible
for informing citizens of the country in which the travel is offered about
provisions of passport-, visa- and health regulations as well as their possible
changes before commencement of travel. For citizens of other countries the
appropriate consulate provides information. E-Two-Travel is not liable for the
timely issuance and the approach of necessary visa by the respective diplomatic
representation if the traveller has charged E-Two-Travel with the provision,
unless E-Two-Travel is responsible for the delay. The traveller is self
responsible for the abidance of all important regulations for the performance
of travel. All losses especially the payments of cancellation costs, which are
caused by the noncompliance of these regulations, go at the expense of him,
except if they are caused by culpable misinformation or non-information by
E-Two-Travel. Should entry regulations of particular countries not be followed
by the traveller or should a visa not be issued timely due to the fault of the
traveller, so that the traveller can therefore not take part to the travel,
E-Two-Travel can debit the traveller with accordant cancellation fees.
17. Inefficacy of
particular clauses
The inefficacy of
particular clauses of the travel contract does not result in the inefficacy of
the complete travel contract.
18. Court of jurisdiction
The traveller can only sue
E-Two-Travel at its place. For suits of E-Two-Travel against the traveller the
place of residence of the traveller is definite, unless the suit is directed to
general merchants or persons who do not have a common court of jurisdiction
inland or to persons who have changed their place of residence or main
residence abroad after conclusion of the travel contract or whose place of
residence is not known at time of bringing a suit. In these cases the court of
jurisdiction of E-Two-Travel is definite.
update 01th jan 2010
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