General terms and conditions

Our general terms and conditions apply only in the relationship with entrepreneurs. The travel contract law therefore does not apply to these contracts. For contracts with consumers, our general travel conditions apply on the basis of recommendations from the RDA Internationaler Bustouristikverband e.V., which we are happy to send you at any time.

New edition of new travel law as of 01.07.2018; as of 24.01.2018

1. subject of contract, position of contracting parties, legal bases, validity of business conditions

1.1 The contractual obligation of Get your Group GmbH, henceforth abbreviated as GyG, consists in the provision of the contractually agreed travel services (individual travel services or an composition of travel services, hereafter referred to as "travel packages") to the client or to the participants of his trips or events. GyG's obligation to perform is determined by the contractual agreements and these contractual conditions.

1.2 GyG is a contracting party directly obliged to provide services to the client, unless GyG is merely an agent of travel services to the client according to Section 12.7 of these contractual provisions or according to the individual contractual agreements.

1.3 The entire legal and contractual relationship between GyG and the client shall be governed primarily by the agreements made in the individual case, then by these contractual terms and conditions and, alternatively, by the provisions of the law governing contracts for work and services, §§ 631 et seq. of the German Civil Code. BGB and otherwise exclusively German law.

1.4 GyG does not have the status of a package tour operator. The provisions of §§ 651a-y BGB, Art. 250 - 253 EGBGB as well as other statutory provisions for package tours and package tour operators in accordance with § 651a BGB and the explanatory memorandum to the law on the exception of package tour operators in the new travel law (cf. explanatory memorandum in the government draft to § 651a BGB penultimate paragraph) shall apply neither directly nor correspondingly to the legal and contractual relationship between GyG and the client. The application of such regulations is excluded in the form of an explicit choice of law. The same applies to provisions of the European Union on package tour contracts, package tour operators and associated travel services. For this reason, the client is not entitled to name the GyG as a company instead of the client in the form for informing the traveller of a package tour in accordance with § 651d BGB, Art. 250 EGBGB.

1.5 Terms and conditions of the client shall not be valid. This shall also apply if the client declares such terms and conditions to be applicable and GyG does not expressly object to such a declaration in individual cases or in general.

1.6 These Terms and Conditions shall apply in their current version and replace all previous agreements on the provision of services as of 01.07.2018. If no current version exists, the present version shall also apply to all future contracts between GyG and the client, unless otherwise expressly agreed in the individual case.

1.7 These terms and conditions apply exclusively to contracts with commercial clients who market the contractual travel services as tour operators within the framework of package tour contracts or in other forms of activity as direct contractual partners of their customers. Accordingly, they do not apply to contracts with individual consumers or consumer groups (consumers within the meaning of §13 BGB).

1.8 Contractual relationships between GyG and the participants of the client shall not be established.

1.9 The following shall apply to the terms and conditions of service providers, in particular airlines, transport companies, ticket sales offices, hotels and foreign agencies: a) The agreements made between GyG and the client shall in principle take precedence over the provisions in such terms and conditions. b) The provisions in such terms and conditions shall, however, apply with regard to the obligations of the recipient of the service, i.e. of the client and/or its participants, which are justified therein, if and to the extent that they have been agreed between GyG and the client as a contractual obligation of the client in accordance with the rules applicable to contracts between merchants. Terms and conditions, in particular conditions of carriage and tariff provisions (e.g. of Deutsche Bahn AG or of transport companies in local public transport) which are valid on the basis of statutory provisions in Germany or abroad without express notification and/or agreement, shall also apply in the legal relationship with the client if the latter has no knowledge thereof or has not been informed by GyG of their applicability or validity for the contractual relationship and the respective travel service.

2. Contract conclusion

2.1 The client may communicate their interest in booking the travel services offered by GyG by telephone, e-mail, fax, the Internet and in writing. This expression of interest is non-binding for the client and GyG and does not constitute a claim to the conclusion of a contract.

2.2 GyG shall first provide information on the availability of the desired travel services on the basis of the client's expression of interest and shall submit proposals on the possible travel services and travel itinerary. Such suggestions are not binding for GyG and the client and are subject to confirmation. They do not justify any claim to the conclusion of a corresponding contract. This shall also apply to multiple or repeated submission of such proposals. Unless otherwise expressly agreed in advance, such proposals and information on availability shall be free of charge to the Principal.

2.3 On the basis of the votes according to item 2.2, GyG submits a binding contract offer to the client in text form and thus offers the conclusion of the contract bindingly to the client on the basis of these contract conditions, all details and references in the offer, as well as, if applicable, in the offer as a basis for the offer of expressly referred to price lists, documents or supplementary information.

2.4 Unless expressly stated otherwise in the offer, the offer can only be accepted in text form. GyG shall be bound by its offer for a period of 14 days. If a deviating period for acceptance of the offer is expressly stated in the offer, this shall apply. The offer is only binding for GyG until the expiry of the valid period and can only be accepted by the client within this period with receipt of the declaration of acceptance by GyG at normal business hours. GyG is entitled, but not obliged, to accept late declarations of acceptance. In this case, GyG shall inform the client immediately of the delayed receipt and whether it accepts the acceptance of the offer despite the delayed receipt.

2.5 Unless the client has made a deviating agreement with GyG, each employee of the client shall be deemed entitled to accept the offer in a legally binding manner for the client.

2.6 The contract becomes legally binding upon GyG's receipt of the client's declaration of acceptance, without any confirmation of receipt or booking being required. As a rule, however, GyG shall notify the client of the receipt of its declaration of acceptance in written form and at the same time or subsequently send the corresponding invoice for agreed down payments and/or the balance payment.

2.7 As far as the client's declaration of acceptance contains extensions, restrictions or other changes, the contract shall only come into effect if GyG confirms the contract accordingly, including these extensions, restrictions or changes. Otherwise the contract shall not be concluded. The same shall apply accordingly if the client in the declaration of acceptance stipulates conditions regarding the travel services or the itinerary which were not part of GyG's offer. These include in particular conditions for specific flight times, flight routes, hotels, specific tour guides or itineraries).

2.8 The client is therefore obliged to clarify any extensions, restrictions or additions to the offer received with GyG immediately if he wishes to do so and to arrange for GyG to transmit a correspondingly amended offer if GyG is willing and able to do so.

2.9 If GyG also offers travel services or travel packages for immediate direct booking without a prior written offer, the contract shall be concluded, in deviation from the above provisions, by the client sending GyG a binding booking declaration in writing or by fax (if provided with a corresponding booking form from GyG) and GyG confirming the booking in text form to the client. In this case, the client shall be bound to his contract offer in this respect for 5 working days from receipt of his booking by GyG. If in this case GyG's booking confirmation differs from the client's booking, this shall constitute a new offer from GyG. On the basis of this new offer, the contract shall come into existence if the client accepts this amended offer by express declaration or by conclusive conduct, in particular by making the down payment or payment of the balance.

2.10. The following applies to options: a) Options within the meaning of this provision are reservations of individual travel services or entire travel packages in favour of the client prior to conclusion of the contract or, if the contract has already been concluded, prior to a legally binding agreement on supplementary travel services. b) Unless otherwise agreed, options are in principle fixed options. This means that a binding obligation to accept the reserved travel services or travel packages arises for the client after expiry of the option period unless he declares within the option period that he does not wish to make use of the reserved travel services or travel packages. c) The corresponding declaration must be received by GyG in text form within the time limit at normal business times, unless it has been expressly agreed that the declaration can also be transmitted in another form. d) If, in exceptional cases, an expiry option has been agreed, this means that the reservation made for the client expires without the client's obligation to pay if he does not explicitly declare within the agreed period that he wishes to accept the travel services or travel packages. The above provision on the type and time of the declaration shall apply accordingly.

2.11. Changes, additions, extensions, warranties and collateral agreements after conclusion of the contract must be made in text form. As far as these are agreed upon by telephone or verbally, the text form shall be deemed to have been complied with in accordance with the principles of commercial letters of confirmation if GyG confirms corresponding agreements to the Customer in text form and the Customer does not immediately object to such confirmation.

3. services and service changes, external brochures, information and assurances

3.1 GyG's obligation to perform is determined, in the case of contracts concluded on the basis of a written offer by GyG, by the information contained therein on prices and services in accordance with all information and explanations contained in the offer or in additional documents transmitted.

3.2 In the case of contracts concluded on the basis of a prospectus invitation or an internet advertisement by direct booking by the AG and corresponding booking confirmation by GyG (see item 2.10), the obligation to perform on the part of GyG shall be determined by the prospectus invitation or the information on the internet in connection with the booking confirmation by GyG referring thereto.

3.3 In accordance with the above provisions, GyG is in principle only obliged to provide the services to the extent and type specifically agreed. In particular, no performance claims of the client or performance features can be derived from the total price, the price of an individual service, classification and category information, unless these have been specifically and explicitly agreed. This applies in particular to the equipment of accommodation (e.g. minibars, air conditioning, lifts, ancillary costs).

3.4 If special requests by the client are described as non-binding in the offer, in booking confirmations, in additional agreements or in other contractual bases, the obligation of GyG shall consist exclusively in the forwarding of such special requests to the service providers involved. Special requests shall only become binding contents of the contract if expressly confirmed in text form. Confirmations by service providers are not binding for GyG.

3.5 In the case of flights, non-stop and direct flights shall only be owed if expressly agreed. Otherwise, the provision of flight services may in principle be provided by transfer flights, open jaw flights or hub flights. In the case of carriage by train, carriage by a particular type of train (e.g. ICE/TGV) is only owed if this has been expressly agreed.

3.6 Sales representatives, trade fair personnel, travel agents (e.g. travel agencies) and service providers (e.g. hotels, transport companies) are not authorised by GyG to make agreements, provide information or make assurances that alter the agreed content of the contract, go beyond the services contractually promised by GyG or contradict the description of services or details and information provided by GyG.

3.7 GyG is explicitly not obliged to provide the client with all information which the client requires from GyG with regard to the contractual services with regard to the pre-contractual information obligations of the Customer in accordance with Art. 250 § 3 Introductory Act to the German Civil Code (Introductory Act to the Civil Code (Introductory Act to the German Civil Code - EGBGB) towards its travel participants prior to the conclusion of the contract. GyG shall transmit the information available to GyG to the client after the travel has been determined.

3.8 In accordance with the provisions of the Legal Advice Act, GyG is not entitled to provide the Principal with information on the legal form of its travel advertisement, the pre-contractual information, the form, the booking form (travel registration), the booking confirmation and the booking procedure. Accordingly, GyG does not owe any advice and information in this regard.

3.9 The services provided by GyG do not generally include insurance for the benefit of the Customer himself. It is strongly recommended that the Principal take out personal and property damage insurance for tour operators or for his other form of activity, for air travel services including cover for liability as a contractual air carrier.

3.10. Local and hotel brochures, leaflets or information and documents of other service providers, as well as corresponding Internet invitations to tender, which have not been published by
express agreement with the AG have been made the basis of the contractual performance obligation of GYG, are for GyG and their performance obligation will not be part of the contract. This also applies if such documents were made available to the client by GyG together with the offer or later for information purposes.

3.11. In principle, GyG is permitted to make changes to services if the participants of the client are obliged in accordance with the statutory provisions and the relevant court rulings to accept such changes without claiming a substantial reduction in the travel price or a right to withdraw from the contract. This applies in particular to non-essential changes to the itinerary, changes to flight times within the framework of the contractually agreed arrival and departure days, the flight route and the aircraft. In the case of sightseeing tours, this also applies in particular to the conversion and modification of program sequences as well as the replacement of program points and sightseeing points.

3.12. In the case of air travel, arrival and departure days are used for transport, not for recreation or the programme, unless otherwise expressly agreed. Changes in flight times are to be expected. The Principal shall be obliged to gear its own programme components, its own transport services and times, in particular its bus and personnel deployment, to this and to design the application accordingly. He must reserve the right to make such changes to his participants in a legally effective manner.

3.13. In addition, deviations of essential characteristics of travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and were not caused by GyG against good faith, are permitted to GyG before the start of the journey, as far as the deviations are insignificant and do not impair the overall layout of the journey.

3.14. Any warranty claims of the Customer shall remain unaffected if the changed services are defective.

3.15. GyG is obliged to inform the Customer of any significant changes in services immediately after becoming aware of the reason for the change.

3.16. In the event of a substantial change to a material travel service, the Customer shall be entitled to withdraw from the contract free of charge if and to the extent that its travel participants assert a corresponding right of withdrawal against it on the basis of these changes immediately after it has notified the participants of such a change. The Principal himself must exercise such a right of withdrawal immediately if his participant has declared a corresponding withdrawal to him. The Principal is obliged to agree with the customer on a corresponding regulation, in accordance with the requirements of law and jurisdiction, regarding such a reservation for change, in particular within the framework of his travel conditions.

4. prices, price increases

4.1 The prices agreed in individual cases between GyG and the AG shall apply. If such prices have not been agreed, in particular for additional services and individual services, the prices in GyG's advertising and booking fundamentals shall apply which were demonstrably available or accessible to the client at the time of conclusion of the contract or which were otherwise declared applicable or referred to by GyG. Alternatively, the usual or taxable remuneration in accordance with § 632 BGB (German Civil Code) shall be paid.

4.2 GyG may demand price increases if this has been contractually agreed in individual cases. This applies in particular to price agreements in which the agreed price depends on the number of participants, the type and/or the scope of the services actually used or on the time of concretisation and determination of travel services or numbers of participants. The same shall apply accordingly in the event of agreed price increases within the scope of the reduction or increase in the number of participants, services or Contingents.

4.3 Irrespective of price increases in accordance with the above provision and, where applicable, in addition to price increases permitted thereafter, GyG reserves the right to increase the contractually agreed prices insofar as a) an increase in the price for the carriage of passengers due to higher costs for fuel or other energy sources, b) an increase in taxes and other levies for agreed travel services, such as tourist taxes, port or airport charges, or c) a change in the exchange rates applicable to the package in question has a direct effect on the contractually agreed prices.

4.4 GyG shall inform the Principal of the reasons for the price increase and shall in doing so inform the Principal of the calculation of the price increase.

4.5 The price increase shall be calculated as follows: a) In the event of an increase in the price for the carriage of persons pursuant to 4.3a), GyG may increase the travel price in accordance with the following calculation: In the event of an increase related to the seat, GyG may demand the amount of the increase from the customer. Otherwise, the additional transport costs demanded by the transport company per means of transport shall be divided by the number of seats of the agreed means of transport. GyG may demand the resulting increase amount for the individual seat from the customer. b) In the event of an increase in taxes and other levies pursuant to 4.3b), the travel price may be increased by the corresponding pro rata amount. c) In the event of an increase in exchange rates pursuant to 4.3c), the travel price may be increased to the extent that the trip has become more expensive for GyG as a result.

4.6 In the event of a subsequent change in the price, GyG shall inform the customer immediately after becoming aware of the reason for the change. Price increases shall only be permissible up to the 25th day prior to the commencement of the journey and shall be received by the Principal. In the event of price increases of more than 15%, the client is entitled to withdraw from the contract without cancellation costs. The Customer shall assert the right to withdraw from the contract with GyG immediately after notification of the price increase by GyG if the corresponding conditions are met.

4.7 In the event of an increase in value-added tax on prices for contractually agreed travel services, GyG shall be entitled to demand a corresponding price increase from the Customer if GyG proves that it is obliged to pay the increased value-added tax accordingly.

4.8 The right to increase the price in accordance with the contractual agreements made in the individual case, in accordance with the above provisions and on the basis of statutory provisions, shall be independent of whether and to what extent the CL is objectively and legally in a position to pass on such price increases to its customers or is obliged to reduce the price. It shall be incumbent upon the Customer to create the possibility of passing on such price increases to its customers by means of agreements with its customers in accordance with corresponding laws and jurisdiction.

5. payment, default of payment, place of performance for payments, reminders, default interest, security deposit

5.1 GyG may demand down payments after conclusion of the contract in accordance with the following provisions: a) Down payments are generally only due after conclusion of the contract. b) The amount, timing and due date of down payments are independent of whether and
to what extent the AG itself can claim corresponding down payments from its customers. c) The amount of the down payment and the due date of the down payment result from the contractual agreements made in the individual case. d) If express agreements on the amount of the down payment have not been made, the down payment amounts to 10% of the total price. e) If the total price increases due to the extension of services, quotas or participant numbers or due to other circumstances or contractual agreements that lead to a price increase, the difference between the original down payment amount and the down payment amount calculated from the increased total price shall immediately become due for payment from the time of corresponding legally binding agreements or the occurrence of the prerequisites for a price increase.

5.2 Further interim payments after the advance payment has been made and before the due date of the remaining payment shall become due in accordance with the corresponding contractual agreements.

5.3 The remaining payment shall be due as contractually agreed. If no special agreement has been made, the remaining payment is due 14 days before the start of the trip at the latest.

5.4 Payments shall always be made in the expressly agreed form of payment. If no express agreement has been made on the method of payment, payments shall be made exclusively by bank transfer.

5.5 The place of performance for all payments shall be the location of the bank's registered office of the bank account indicated by GyG for the payment, with the proviso that the payment obligation shall only be duly fulfilled if the amount due is credited to the bank account indicated by GyG in good time.

5.6 Payments, in particular from abroad, shall be made free of charge and expenses. Payments in foreign currencies are generally excluded unless expressly agreed otherwise in individual cases.

5.7 Default in payment shall occur if the due conditions are met after a reminder, which may also be made orally and in electronic text form. Default shall occur without a reminder if the Customer fails to make payment within 30 days of the due date and receipt of an invoice or equivalent payment statement. If the time of receipt of the invoice or payment schedule is uncertain, the Customer shall be in default no later than 30 days after due date and receipt of the consideration.

5.8 In the event of default, the Principal shall pay interest at 9 percentage points above the base interest rate on claims due. GyG reserves the right to assert further claims for damages caused by default.

5.9 Insofar as GyG is willing and able to provide the contractual services and no contractual or statutory right of retention of the Customer exists, the following shall apply: a) The Customer shall have no claim to the provision of the contractual services and/or the handover of the travel documents without complete payment of the total price in accordance with the agreed due dates. b) If the client does not make due down payments, interim payments or remaining payments within the agreed deadlines, GyG is entitled, after issuing a reminder and setting a deadline, to withdraw from the contract and to demand payment of cancellation costs from the client to the contractually agreed extent, in particular in accordance with these contractual conditions or on a statutory basis.

5.10. A right of the client to offset claims against GyG is contractually excluded. If the Customer asserts a right of retention against due payment claims of GyG and this is not recognised by GyG, GyG may demand that the Customer provide security in the amount of the due payments by means of an irrevocable, unconditional and unlimited bank guarantee of a German commercial bank or savings bank or deposit the corresponding amount in accordance with the statutory provisions at the competent local court.

5.11. In the event of default in payment, GyG may demand payment of € 20 per reminder as well as reimbursement of bank charges incurred in the event of protested bank debits or direct debits.

6. contractual obligations of the client; travel advertisement; pre-contractual information

6.1 It shall be incumbent upon the Principal to comply with all legal and jurisdictional requirements for the forms of activity and marketing for which the contractual services are applicable. In the case of package tours, this applies in particular to all legal and jurisdictional requirements for package tour operators.

6.2 The Customer shall not describe GyG to its participants in any way or in any documents as a tour operator or co-tour operator or, in the case of marketing forms which do not represent package tours, as a service provider, organiser or co-organiser. In particular, the Principal shall not mention or designate GyG as the responsible company in the forms. The client will only make any references to the contract with GyG and the provision of services by GyG then and only in the form corresponding to an express prior agreement with GyG.

6.3 The Principal shall prepare its travel advertisement exclusively in accordance with the agreements with GyG on the contractual services and shall not advertise, confirm or warrant to the customer any performance features with regard to the contractual services to be provided by GyG or provide any corresponding information on travel services that contradict or go beyond the service contents agreed with GyG. Not affected by this obligation of the client, the right and the free decision of the client to organise and offer transport services and other services himself and to make them the object of his contractual services and package deals vis-à-vis his participants shall remain unaffected.

6.4 Irrespective of any legal or contractual obligation to notify defects on the part of its participants, the Customer shall be obliged to immediately notify the body named by GyG of any defects that occur - without expressly stating this to the local agency or the service provider - and to demand remedy. If they refuse to remedy the situation or if they cannot be contacted, the Customer shall immediately notify GyG of the defect and request remedy.

6.5 The Principal shall be obliged to contribute to the avoidance and elimination of disturbances in the course of the trip, travel defects or other obstacles to the proper provision of the travel services and the proper course of the trip. As far as possible, he has to coordinate appropriate measures with GyG beforehand. The Customer shall also be obliged, in fulfilment of these obligations, to present corresponding expenses if such payments can avoid or eliminate disruptions in the travel process, travel defects or other obstacles which would cause considerably higher expenses for GyG or claims against it in relation to the expenses of the Customer. The general statutory duty of the Customer to mitigate damages shall remain unaffected by this.

6.6 If the Customer does not fulfil one or more of the above obligations, the Customer shall not be entitled to any warranty claims or claims for damages to the extent that GyG would have been prepared and able to remedy the situation or any damage incurred would have been excluded or reduced.

7 Passport, Visa and Customs Regulations, Information on Insurances

7.1 GyG is under no obligation to provide information on passport, visa and customs regulations and/or to obtain documents required for the participants of the AG to enter the contractual travel countries without an express contractual agreement to this effect. This applies in particular to the procurement of visas.

7.2 If GyG has taken over the procurement of visas or other documents required for the entry of the client's participants by express contractual agreement, GyG shall nevertheless not be liable for the timely issue and receipt of such documents by the client. The Client shall bear the risk of dispatching such documents irrespective of whether they are sent directly by the respective diplomatic representation or the other exhibitor or by GyG.

7.3 In accordance with the statutory provisions, the Principal shall be obliged both as a package tour operator and, if necessary, in other functions in accordance with the law and court rulings, to fulfil its own obligations to provide information, clarification and advice on passport, visa and health regulations. Accordingly, it is incumbent upon the client as his own contractual obligation towards GyG to inquire independently and in addition to the information provided by GyG about such regulations and necessary documents and, if necessary, to ensure compliance by the participants.

7.4 If incompleteness or contradictions arise with regard to the information provided by GyG and the documents transmitted and the information obtained by the client himself, the client must inform GyG of this immediately and bring about coordination with GyG.

7.5 All disadvantages incurred by the AG or its participants as a result of non-compliance with the aforementioned obligations of the AG, in particular the resulting cancellation costs, shall be borne by the AG. This shall only apply if and insofar as the disadvantages and costs incurred are caused or partly caused by a culpable breach of the relevant contractual or statutory obligations of GyG.

8. cancellation, rescission, termination, replacement participants, rebooking

8.1 Unless otherwise expressly contractually agreed in individual cases, the Principal shall have no right to revoke the contract or individual contractual agreements, to terminate the contract or to withdraw from the contract. Any rights of withdrawal by virtue of commercial practice are expressly excluded, in particular in the case of contractual agreements on accommodation quotas. The right of termination according to § 649 BGB is also excluded. The following provisions on extraordinary termination due to defects in GyG's contractual performance or due to unavoidable extraordinary circumstances shall remain unaffected by this.

8.2 "Cancellation" within the meaning of the following provisions is both the exercise of a contractually agreed right of withdrawal as well as any other declaration by the Principal regarding the non-acceptance of individual contractual services or the entire contractual services.

8.3 Contractually agreed cancellation rights must always be exercised in text form, unless otherwise expressly agreed in individual cases.

8.4 The timeliness of cancellation declarations shall depend on receipt by GyG at normal business hours; in the case of telephone cancellation announcements, receipt of the cancellation declarations (cancellation confirmation) in text form by the service provider, field staff or other third parties shall not be authorised to accept cancellation declarations.

8.5 In the event of cancellation or non-acceptance without a relevant declaration by the client, GyG shall be entitled to the contractually agreed flat-rate or concretely quantified compensation.

8.6 If such lump-sum or concrete compensation has not been agreed in an individual case, GyG shall be entitled to the following compensation, the calculation of which shall take into account the expenses usually saved and the usually possible other uses of the travel services. The compensation shall be calculated as follows after the date of receipt of the cancellation by the Principal:
Coach and rail travel Cancellation by the Principal up to 31 days prior to commencement of travel: processing fee of € 200; otherwise return of the entire contingent up to this cancellation date free of charge; cancellation between the 31st and 22nd day prior to commencement of travel; cancellation between the 31st and 22nd day prior to commencement of travel: 25% of the total group price. Cancellation between the 21st and including the 15th day prior to the commencement of travel: 50% of the total group price; cancellation between the 14th day and including the 8th day prior to the commencement of travel: 70% of the total group price. Cancellation between the seventh day and including the second day prior to commencement of travel: flat-rate 80 % of the total group price. Cancellation from the second day before the start of the tour 90% of the total group price.
Sea and river cruises Cancellation by the Principal up to 120 days prior to commencement of travel flat-rate 5 % of the total travel price but at least 50 € per person; cancellation between the 119th and 60th day prior to commencement of travel flat-rate 20 % of the total group price; cancellation between the 59th day and 30th day inclusive. Cancellation between the 29th day up to and including the 15th day prior to the commencement of travel: 60 % of the total group price; Cancellation between the 14th day up to and including the second day prior to the commencement of travel: 80 % of the total group price; Cancellation from the first day prior to the commencement of travel: 90 % of the total group price.
In principle, the cancellation conditions of the airline commissioned by GyG also apply to the client accordingly. Cancellation by the Principal up to 65 days prior to commencement of travel: Loss of the contractually agreed down payment in full. Withdrawal by the Principal from the 64th day up to and including the 31st day before the start of the journey for journeys within Europe 150 €, for other long-haul journeys 300 € per person; Withdrawal by the Principal from the 30th day up to and including the 22nd day before the start of the journey 30 % for journeys within Europe, but at least 200 € per person for long-haul journeys at least 350 € per person; Withdrawal by the Principal from the 21st day up to and including the 15th day before the start of the journey flat-rate 70 % of the total group price; Withdrawal by the Principal from the 14th day up to and including the 6th day before the start of the journey flat-rate 85 % of the total group price. Cancellation from the 5th day before arrival 90 % of the total group price.

8.7 In any case of calculation by GyG of the lump-sum cancellation costs agreed in the individual case or listed above, the Customer reserves the right to prove to GyG that it has incurred no damage at all or substantially less damage than the lump-sum demanded in each case.

8.8 GyG reserves the right to demand a higher, concrete compensation instead of the aforementioned lump sums if GyG proves that it has incurred significantly higher expenses than the applicable lump sums. In this case, GyG shall be obliged to pay the demanded compensation, taking into account the saved expenses and a
to quantify and substantiate any other use of the travel services.

8.9 The following regulation applies to substitute participants: a) Unless otherwise agreed in individual cases, the client is entitled at any time to replace certain travel participants with other travel participants. b) If this occurs after the expiry of agreed registration deadlines for participant names or room lists, GyG can demand a processing fee of the agreed amount for this, without express agreement of € 25 per participant. c) Any additional costs incurred as a result of the change of participant, in particular for a ticket transfer by the service provider, shall be borne by the Customer. d) GyG can object to participant changes if substitute participants do not meet the special requirements for the use of the respective travel services (in particular also from a health point of view) or the trip as such (in particular entry or health regulations) or if the participation of the substitute participant is contrary to legal or official regulations or if mandatory organisational measures for GyG to enable substitute participation are objectively impossible or objectively unreasonable. e) If the change of participants has an effect on accommodation occupancy, seat allocations in means of transport or in any other way on the itinerary, any consequences and costs arising therefrom shall be borne by the Principal.

8.10. After conclusion of the contract, the Principal is not entitled to any changes to the travel date, destination, place of departure, accommodation or mode of transport or other circumstances of the travel services and itinerary (rebooking) without express contractual agreement. If, at the Client's request, a rebooking is nevertheless made, GyG may charge a rebooking fee per rebooking process. Unless otherwise agreed in individual cases prior to the confirmation of the rebooking, the rebooking fee shall amount to € 50 per rebooking transaction up to the time of the commencement of the second contractually agreed cancellation scale. Any rebooking requests made by the Principal after the expiry of this period can, if their execution is at all possible, only be cancelled in accordance with the cancellation regulations contractually agreed in the individual case or laid down in these contractual conditions, in conjunction with a new booking. This shall not apply to requests for changes to bookings which cause only minor costs.

9. quota reductions and minimum number of participants

9.1 A free reduction or restriction of the number of participants, services and quotas (in particular also with regard to the scope of catering services, the number of paid excursions and visits and other additional services) is only possible with express agreement between the Customer and GyG. Otherwise, the above provisions on cancellation subject to charges shall apply accordingly.

9.2 If minimum numbers of participants have been agreed between the Customer and GyG, the following shall apply: a) If it has been agreed that the Customer is entitled to withdraw from the contract with GyG until the expiry of an agreed period if a minimum number of participants has not been reached, the Customer shall inform GyG continuously, at least weekly, of the current number of participants. An extension of the period for free withdrawal must be expressly agreed. If it is certain that the minimum number of participants has been reached, GyG must be informed immediately. b) If a minimum number of participants has been reached after expiry of the agreed period for a free withdrawal by the Customer from the contract with GyG through the exercise of the normal
If the price of a package tour falls below the statutory right of participants to withdraw from the contract in accordance with § 651h BGB (German Civil Code), this does not entitle the Principal to subsequently exercise the right of withdrawal free of charge. Rather, a cancellation of the travel services, individually or in total in this case, is only possible according to the cancellation regulations agreed in the individual case or according to these conditions. c) If the number of participants falls below the minimum number reached after expiry of the agreed period for free cancellation by the Principal due to cancellation by participants of a package tour due to unavoidable, extraordinary circumstances at the destination or in its immediate vicinity in accordance with § 651h paragraph 3 BGB (German Civil Code), the following provisions on cancellation due to unavoidable, extraordinary circumstances shall apply accordingly.

9.3 Unless otherwise agreed in an individual case, the above provisions shall also apply mutatis mutandis to agreements on the number of participants which affect the price or free spaces or other conditions, in particular also to participantdependent graduated prices.

10. obligations of the AG in case of notifications of defects by travellers; termination due to defects or unavoidable, extraordinary circumstances

10.1 Notification of defects and requests for remedy by the traveller to the Customer within the meaning of § 651o of the German Civil Code (BGB) concerning services provided by GyG shall be directed to the location indicated by GyG immediately and using all means of communication reasonably available at the place of travel. If a local service provider or a local agency is specified as the responsible body and if these cannot be reached or if they refuse to provide a corresponding remedy, the Customer shall immediately notify GyG of any defects and request for remedy using the communication data provided by GyG in the travel documents.

10.2 In addition, the client shall document in an appropriate manner all notifications of defects and requests for remedy submitted to the client by travel participants during the trip, which relate in whole or in part to GyG services, and send them to GyG within 3 weeks of the end of the travel services, together with a statement by the client on the respective circumstances. The statement must contain information on the merits of the complaint, any measures taken and appropriate evidence (offers of evidence) for the rejection of claims by the traveller after the trip. The client is excluded from contractual claims against GyG if the defense against claims by the traveller fails in whole or in part due to missing, incorrect or incomplete documentation.

10.3 Cancellation by the Customer before or after commencement of the contract or the trip or travel services due to defects in the travel services is only permissible if the Customer has notified GyG of the defect and set a reasonable deadline for remedy, unless remedy of the defect is objectively impossible or GyG itself has refused remedy.

10.4 If the provision of the contractual services is considerably impeded, endangered or impaired as a result of unavoidable, extraordinary circumstances, the following shall apply: a) In this case, the Customer may terminate the contract in accordance with the following provisions.
The termination shall be declared in writing and justified by the circumstances which, in the opinion of the terminating party, are intended to justify the termination. If, in the event of termination by the Principal, such reference is made to unavoidable circumstances,
extraordinary circumstances with corresponding reasons, the declaration of the AG shall be treated as a normal cancellation subject to a charge. A subsequent invocation of the right of termination due to unavoidable, extraordinary circumstances is not possible.
Only such circumstances justify a termination due to unavoidable, extraordinary circumstances which have a direct effect on the provision of services by GyG. If the execution of the trip or the provision of the travel services is thus impeded, endangered or impaired by circumstances which lie within the risk area of the Principal, this does not justify termination due to unavoidable, extraordinary circumstances. This applies in particular to road closures or airspace closures, the loss of means of transport or other operational disruptions at the Principal in the case of transport of its participants organised by the Principal itself.
In the event of a justified termination due to unavoidable, extraordinary circumstances, GyG may charge the Customer half the amount that would have been incurred by GyG at the time of receipt of the termination in the event of a cancellation subject to payment. GyG reserves the right to claim half of the concrete costs to be quantified and documented. In all cases, the client reserves the right to prove to GyG that GyG did not incur any costs or that the costs were significantly lower than those on which the claim is based.
b) If GyG's contractual services include the transportation of the participants of the client, the client shall bear the full additional costs of returning the participants due to unavoidable, extraordinary circumstances during the trip or event. c) Any other additional costs due to unavoidable, extraordinary circumstances during the trip or event, in particular additional personnel costs of the Principal as well as costs of an extended stay of the Principal's participants at the place of event/travel beyond the travel/contract period of accommodation services shall be borne by the Principal.

11. obligations of the client in case of personal injury and damage to property during the trip; handling of complaints, legal disputes with customers, travel documents

11.1 The Customer shall be obliged to inform GyG immediately of any personal injury or damage to property during the trip or event to the extent that GyG could be liable to pay compensation to the Customer or its participants in respect of such events. If GyG has notified the client of an emergency number from GyG for this purpose, the client must inform its tour guide or other representative thereof.

11.2 In the event of such an event, the client shall secure all evidence, in particular the names and addresses of any witnesses in question. He must arrange for the event to be recorded by the police and for the data and documents of the relevant investigating authorities to be secured.

11.3 The Principal shall take all measures which may result in the exclusion or reduction of damage.

11.4 The Principal is obliged to ensure the implementation of the above obligations by giving appropriate instructions to tour guides, employees or other agents.

11.5 If the Customer wishes to assert claims against GyG on the basis of the fact that participants in its trips have addressed corresponding claims to it, it shall immediately notify GyG of such claims by forwarding all information and documents, in particular the
to inform you of any complaints. This duty to inform also includes the information of GyG by the client whether and to what extent he has a liability insurance with regard to the claims asserted against him, whether he has reported the incident to him, as well as, if applicable, the communication of the communication data and the damage number of this liability insurance.

11.6 The Customer shall consult with GyG prior to settling any claims of its participants to the extent that it wishes to assert claims against GyG in this respect. If no such agreement is reached, the client can only claim from GyG by way of compensation or reduction the amounts that the customer would have been entitled to according to the requirements of law and jurisdiction.

11.7 In the case of personal injury in principle, in the case of property damage in the case of claims of the customers against him exceeding € 2,000.00, the client is obliged, upon request by GyG, to commence a legal dispute with the customer and in this legal dispute GyG is obliged to announce the dispute in court to the extent that GyG or its liability insurance rejects these claims in terms of reason or amount.

11.8 The client is obliged to check travel documents and other documents for correctness, completeness and conformity with the contractual agreements and to inform GyG immediately of any errors in content or missing documents. If this is not done, although the Client was aware of the error, all consequences shall be borne by the Client to the extent that GyG could have remedied the error had it been reported immediately.

11.9 The dispatch of travel documents, in particular flight tickets, admission tickets, vouchers and other documents shall be at the risk of the client. GyG shall not be liable for the loss of such documents in transit unless such loss was caused intentionally or by gross negligence on the part of GyG or its vicarious agents.

12. limitation of liability

12.1 GyG shall not be liable for services and parts of services of any kind whatsoever which - with or without knowledge of GyG - are offered, organised, carried out and/or made available to its customers by the AG in addition to the services provided by GyG. These include in particular: a) travel organised by the client to and from the place of travel contractually agreed with GyG and/or back as well as transport during the journey, b) events before and after the journey and at the place of travel not included in GyG's scope of services, journeys, excursions, meetings, etc.

12.2 In particular, GyG shall not be liable for the consequences and costs incurred, in particular impairments of the contractual services owed by GyG and of the travel process as a whole, which were caused by the course, processing and in particular any disruptions and failures of the travel services organised and carried out by the Customer itself, visits to events, encounters or other circumstances.

12.3 GyG shall not be liable for measures and omissions of the Customer and/or its responsible persons, tour guides, bus drivers or a tour guide only arranged by GyG before, during and after the trip, in particular not for a) changes in the contractual services not coordinated with GyG, b) instructions to local guides, service providers and agencies, c) special agreements with the various service providers, d) information and assurances to its customers.

12.4 Insofar as the guarantee and liability of GyG vis-à-vis the client is to be linked to the travel price, only the service price agreed between the client and GyG shall be decisive, without taking into account the margin or surcharges or
Surcharges of any kind, which are calculated into the travel price by the client or are raised additionally.

12.5 As far as warranty and liability of GyG are not based on claims of the participants of the client against him arising from injury to life, body or health or as far as GyG is not guilty of gross negligence or intent in other claims against GyG, liability for consequential damages is fundamentally excluded. This also applies in particular to payments by the client to its participants for claims for damages due to useless wasted vacation time as well as with regard to the absence of follow-up bookings by affected participants or participant groups of the client.

12.6 When providing flight services, GyG is a contractual air carrier in the sense of national, international and European air traffic regulations exclusively in relation to the Customer and not in relation to the Customer's participants. Under no circumstances is GyG the executing air carrier.

12.7 GyG shall not be liable for information on prices and services as well as for personal injury and damage to property in the case of services of any kind which are provided exclusively to the client in accordance with the corresponding information in the brochure description or the offer or the booking confirmation or other documents. Any liability on the part of GyG arising from the breach of broker duties shall remain unaffected by this.

12.8 Insofar as accompanying persons and tour guides are arranged at the request of the Customer and in accordance with a corresponding contractual agreement, these persons are neither vicarious agents nor agents of GyG. GyG shall not be liable for their services, measures, omissions or any breach of contractual or statutory obligations, in particular travel deficiencies caused thereby, impairments of the itinerary, loss of services as well as personal injury and damage to property, unless GyG's own breach of duty, in particular within the framework of wilful or grossly negligent selection fault, would have been the cause of a corresponding loss or damage or the occurrence of corresponding claims.

13. limitation of claims

13.1 The assertion of claims by the client against GyG arising from the entire contractual and legal relationship shall be governed by this provision:

13.2 Contractual claims of the client resulting from injury to life, limb or health of the owner, managing director, employees or participants of the client, based on an intentional or negligent breach of duty by GyG or a legal representative or vicarious agent of GyG, expire in 3 years. This shall also apply to claims for compensation for other damages based on an intentional or grossly negligent breach of duty by GyG or a legal representative or vicarious agent of GyG.

13.3 All other contractual claims shall become statute-barred after 2 years.

13.4 The limitation period for claims in accordance with the above provisions shall commence at the end of the year in which the claim arose and the Customer became aware of the facts which substantiate the claim against GyG and of the facts which GyG as the opponent of the claim should have become aware of without gross negligence.

13.5 Provisions on longer or shorter periods of limitation in international provisions and agreements as well as in European Union regulations applicable to the legal or contractual relationship between GyG and the client shall remain unaffected. with the provision that longer periods of limitation contained therein shall apply in favour of the AG if such longer periods of limitation cannot be effectively waived even in contracts between companies or merchants.

13.6 If negotiations are pending between the Client and GyG regarding the claim or the
circumstances justifying the claim, the limitation period shall be suspended until the client or GyG refuses to continue the negotiations. The statute of limitations shall commence at the earliest three months after the end of the suspension.

14. prohibition of assignment, place of jurisdiction

14.1 Without express prior agreement with GyG, the client shall not be permitted to assign the claim to the provision of the contractual travel services to third parties, in particular to other travel companies, or to make the services accessible or available to them in any other way.

14.2 The assignment of any warranty and compensation claims of the client against GyG to third parties, in particular to customers, is excluded. The assertion of such claims by third parties in their own name on the basis of corresponding authorisation by the client is also excluded. Legal transfers of claims to employers, social insurance carriers and others remain unaffected by this.

14.3 The exclusive place of jurisdiction for any legal disputes between GyG and the client is the location of the main place of business of GyG. This shall not apply to the extent that German statutory provisions, international provisions and agreements, as well as European Union regulations contain provisions applicable to the legal and contractual relationship concerning the place of jurisdiction and the choice of place of jurisdiction which cannot be effectively changed or waived even in the case of contracts between entrepreneurs.

© Copyright protected; VPR Internationaler Verband der Paketer e.V. und Noll & Hütten Rechtsanwälte, Stuttgart | Munich 2010-2018