- Conclusion of the package travel contract
1.1. Travel reservations can be made verbally, by telephone, electronically, by e-mail or fax. 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, fax, etc. the travel confirmation, which also serves as a confirmation of the contract and § 651d para. 3 sentence 2 BGB corresponds.
1.2. With the travel registration you offer us the conclusion of a travel contract. You are bound to this offer until we accept it, but no longer than 14 days from receipt of your statement by us. The contract is only concluded when the conclusion of the contract has been confirmed in text form to you or the agency / travel agency you have activated.
1.3. Modifying or supplementary agreements to our offered services or terms and conditions require an explicit agreement with us. Agencies and travel agents are not authorized to make any different assurances or to make any amendment or amendment.
1.4. A travel confirmation deviating from the travel registration or not timely is a new contract application to which entdecke.net DMC GmbH is bound for 10 days and which the traveler can accept within this period.
1.5. Bookings in electronic commerce are based on the explanations on our website and the general terms and conditions available there.
1.6. When booking travel via the Internet, the traveler entdecke.net DMC GmbH the conclusion of the travel contract by pressing the button “Book my trip now payable” binding. The traveler is immediately informed of the receipt of his booking (travel registration) by electronic means (confirmation of receipt only, no acceptance). Acceptance is made by the travel confirmation within 3 days. Incidentally, the instructions for booking and travel confirmation on the website are authoritative.
- Mediated services – further services provided after the beginning of the journey / limitation of liability for mediation
2.1. With explicit and unambiguous in the prospectus, the travel documents and in the other explanations referred to as mediated designated additional services (visit of events, etc.) is entdecke.net DMC GmbH 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 that are provided by the traveler after the beginning of the provision of a package tour service. B. are selected at the holiday destination is also Ziff. 2.1. prevail.
- Services and duties
3.1. entdecke.net DMC GmbH reserves the right to change the brochure / catalog
/ Website, in particular changes in the service description and prices. entdecke.net DMC GmbH may declare a specific change to the travel and price information, if he informs the traveler before registering for it.
3.2. entdecke.net DMC GmbH has to fulfill information obligations before the travel registration, as far as this is for the intended package travel, according to § 651d Abs. 1 BGB (in particular about essential characteristics of the journey, travel price, payment modalities, minimum number of participants, resignation compensation, form for package holidays).
3.3. Please refer to our travel confirmation, the services of the trips of entdecke.net DMC GmbH, in addition to the underlying tender, as far as this was taken into account at the conclusion of the contract. Double rooms contain a double bed or two single beds. If we offer you half a double room, this is subject to the reservation of a second person of the same sex. Otherwise, we will automatically confirm you a single room at the usual surcharge. For multi-person rooms this applies accordingly. As far as our trips include tickets, they are usually issued at the destination. If you do not use individual services, you are not entitled to a refund.4
4. Program and performance changes
The journeys of entdecke.net DMC GmbH are mainly planned for the long term. Be aware that short-term program changes can not always be avoided, e.g. Change of venue, flight schedule changes and unforeseen events can affect our programs. Parties or round tables may need to be replaced, moved or the listed sports or show stars exchanged. In case of necessary deviations, we keep them as small as possible so as not to alter the overall layout of the journey. Insofar as changes trigger legal claims on your part, these remain unaffected.
5. Passport, visa and sanitary formalities
5.1. entdecke.net DMC GmbH will inform the traveler about general passport and visa requirements, including the approximate time limits for obtaining visas, as well as health formalities of the country of destination (including interim changes) prior to travel registration.
5.2. After fulfillment of the duty to inform in accordance with para. 5.1. The traveler himself has to create the conditions for the travel participation and to carry along the necessary travel documents, as long as he is not obliged to procure the visa or travel documents or certificates etc.
5.3. If the trip can not be started due to missing personal requirements, the traveler is responsible for this, if this is solely due to his culpable behavior (eg invalid visa, missing vaccination).
With the conclusion of the travel contract, a down payment of 25% of the travel price is due upon delivery of a security certificate (for the payments made in the event of insolvency). The remaining travel price is payable seven weeks prior to departure without further request. For bookings thereafter, the full travel price is due immediately upon delivery of the security note. The documents are sent approximately two weeks before the event, but not before full payment.
7. One-sided contract termination by entdecke.net DMC GmbH before departure / minimum number of participants
7.1. entdecke.net DMC GmbH may withdraw from the travel contract up to two months prior to departure, if a contractually agreed minimum number of participants (normally twelve people) is not reached.
7.2. Is entdecke .net DMC GmbH due to unavoidable, exceptional circumstances hindered in the performance of the contract, so entdecke.net DMC GmbH can explain his resignation immediately after knowledge of the reason for cancellation before departure. Unavoidable and exceptional circumstances exist if they are not subject to the control of the contracting party, which invokes it and its consequences could not have been avoided by all reasonable precautions (§ 651 h Abs. 3 BGB).
7.3. In the cases mentioned in 7.1 and 7.2, you will receive the paid-in price in full and without delay.
8. Right of refusal in special circumstances
entdecke.net DMC GmbH may refuse the services of the travel contract before departure or during the trip for good cause, e.g. if your behavior disturbs or jeopardizes the itinerary and if it will not be remedied even after a warning, so that your (further) participation is no longer reasonable for us and / or the participants. Our tour guides and local representatives are authorized to make a decision. The other legal consequences arise from the statutory provisions.
9. Resignation of the traveler before the start of the journey – non-arrival of the trip / substitute participants
9.1. If unavoidable, extraordinary circumstances occur at the place of destination of the journey or in the immediate vicinity which significantly affect the travel or the transport of persons to the destination, then you can withdraw from the contract free of charge prior to departure. finden.net DMC GmbH must then refund the full travel price immediately. Unavoidable and exceptional circumstances exist if they are not subject to the control of the contracting party, which invokes it and its consequences could not have been avoided by all reasonable precautions (§ 651 h Abs. 3 BGB).
9.2. Otherwise, you can withdraw from the trip at any time before departure. However, entdecke.net DMC GmbH then has the legal right to appropriate compensation (§ 651 h BGB, para. 1 and 2, sentence two). Upon request, we are obliged to justify the amount of compensation and bear the burden of proof in judicial proceedings.
9.3. In the cases of your resignation entdecke.net DMC GmbH loses the claim on the agreed upon travel price and must reimburse already paid amounts immediately.
9.4. Within a reasonable time, but usually no later than seven days prior to departure, using a durable medium (such as letter, e-mail, fax), you may request that a third party named by you enter into the rights and obligations of the travel contract. entdecke.net DMC GmbH may object to entry if the third party does not meet the contractual travel requirements. Upon entry, original and new participants are jointly liable as joint debtors for the travel price and the additional costs arising from the entry. The original participant must be given proof of the additional costs incurred by the entry. Additional costs may only be demanded to an appropriate extent and must actually have arisen for the organizer.
9.5. For cancellations of travel, in whose services or additional services tickets are included, from 60 days before departure to the usual cancellation fees, the full price of the ticket is payable, unless this can be otherwise sold by entdecke.net DMC GmbH.
entdecke.net DMC GmbH advises you to take out a travel cancellation insurance and an insurance policy that covers treatment and repatriation costs in the event of accident, illness or death during the trip.
11. Obligations and rights in case of defective travel
11.1. Notification of defects by the traveler
The traveler has to announce a lack of travel immediately to entdecke.net GmbH. If entdecke.net DMC GmbH could not remedy the culpable omission of the advertisement by the traveler, the traveler can not demand a reduction according to § 651m BGB or damages according to § 651n BGB.
11.2. Addressee of the defect notification
Traveling defects are to be reported to the tour guide during the journey. If a tour guide or a representative of entdecke.net DMC GmbH is not available or not agreed, travel deficiencies, if a fast connection is possible, directly in the entdecke.net DMC GmbH or in the travel confirmation listed contact point or the travel agent to indicate (e-mail , Fax, telephone numbers result from the travel confirmation).
11.3. Request remedy and self-help
The traveler can ask for help. entdecke.net DMC GmbH has to eliminate the travel shortage. The addressee of the remedy request is the tour guide. For the rest, para. 11.2. (see above). If entdecke.net DMC GmbH does not remedy within the reasonable time limit set by the traveler, the traveler can remedy the situation and demand compensation for the necessary expenses. If the remedy is denied or it is immediately necessary, there is no time limit. entdecke.net DMC GmbH 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 involved. In these cases, § 651k (3) to (5) BGB applies. entdecke.net DMC GmbH is obliged to inform the traveler about replacement services, return transport etc. and consequences concretely and to fulfill his assistance duties (see § 651q BGB).
For the duration of the lack of travel is reduced according to § 651m BGB the travel price. At no. 11.1. (see above) is referenced.
If the package holiday is significantly impaired by the lack of travel, the traveler may terminate the contract after expiry of a reasonable period to be set by him. If the entdecke.net DMZ GmbH denies the remedy or is it immediately necessary, the traveler can terminate without setting a deadline. The consequences of the termination result from § 651l para. 2 and para. 3 BGB.
The traveler may demand damages in accordance with § 651n BGB without prejudice to the reduction or termination. In case of damages
entdecke.net DMC GmbH to pay damages immediately.
11.7. Crediting of compensation
If, due to the same event, the traveler is entitled to damages or reimbursement of an amount overpaid as a result of a reduction, the traveler must be credited the amount due for the same event as compensation or reimbursement in accordance with international standards Agreements or on such basis based legal regulations according to § 651p Abs. 3 BGB.
12. Limitation of Liability
12.1. The contractual liability of entdecke.net DMC GmbH for damages, which are not physical damages, is limited to three times the travel price, as far as a damage of the traveler is neither intentionally nor grossly negligently brought about or as far as entdecke.net DMC GmbH for a damage the traveler alone is responsible for a fault of a service provider.
12.2. If international travel conventions or legal provisions based on them are valid for a travel service to be rendered by a service provider, the latter may claim against the traveler on the basis of these agreements and the legal provisions based thereon.
12.3. At no. 11.7. (Crediting of compensation) is referenced.
13. Limitation – Assertion
13.1. The claims according to § 651i Abs. 3 Nr. 2., 4. to 7. BGB are opposite
entdecke.net DMC GmbH or the travel agent who made the booking to assert.
13.2. 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.
14. Trip interruption
If the trip is interrupted after the start of the journey as a result of a circumstance in the sphere of the traveler (eg illness), there is no entitlement to a refund of the pro rata travel price. However, entdecke.net DMC GmbH is obliged to reimburse the service providers for the saved expenses as well as the proceeds from the utilization of the unused services. This does not apply if completely negligible services are affected or if a refund is contrary to legal or official regulations.
15. Validity of the information in our invitation to tender
The invitation to tender in the catalog or on the website can only take into account the circumstances prevailing at the time of printing or updating. Please understand, that entdecke.net DMC GmbH does not conclude any contracts on the basis of badly recognized tenders.
As a precautionary measure, there are special conditions for carrying fan merchandise in the widest sense or cameras in the stadiums and alcohol is generally prohibited. In addition, the statutory provisions apply, as far as German law is applicable, in particular §§ 651a ff. BGB.
entdecke.net DMC GmbH
Tel: +49(0)591-71067521 E-Mail: email@example.com
Eingetragen beim Amtsgericht Osnabrück, HRB 212378
USt.-IdNr.(VAT): DE284918262. Geschäftsführer: Oleksandr Kotsyuba