Travel Terms and Conditions

DER Deutsches Reisebuero GmbH & Co. OHG (Inc. & Ltd. Partnership) (valid for new reservations as from 01 July 2018)

The following terms and conditions, when effectively and legally agreed, represent the content of the ‘All-Inclusive Travel Contract’ between this Tour Operator (‘DER’ Tour Operator) and the customer (hereinafter referred to as the ‘Travel Contract’). These terms and conditions are supplementary to Arts. 651a to y of the German Federal ‘BGB-Buergerliches Gesetzbuch (Civil Law Code) as well as Arts. 250 and 252 of the German Federal ‘EGBGB-Einfuehrungsgesetz zum BGB (Introductory Legislation to the forementioned ‘BGB-Civil Law Code) and complete these in an applicable contractual form.

Any particular divergences hereform in any travel-/ tour offerings as well as in individual agreements with customers, take precedence over these present travel terms and conditions.

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  1.  The conclusion of the Travel Contract with ‘DER’ Tour Operator and the obligations of the travelling customers
    1.  For all methods of reservation (bookings) (e.g. via travel agencies, directly with ‘DER’ Tour Operator, by telephone, online, etc., the following terms and conditions apply:
      1. The basis of this offering is the travel-/ tour advertising of ‘DER’ Tour Operator and the supplementary information for the particular travel services arrangement offered, provided these are made known to customers at the date of reservation (booking). The various service providers (e.g. the hotels and the transportation carriers) are not authorised by ‘DER’ Tour Operator to make contractual changes, to provide information or give assurances to customers, which affect the content of the Travel Contract, extend the already contractually agreed services or, which contradict the original travel services offering. Any local brochures and hotel offerings which are not issued by ‘DER’ Tour Operator are not legally binding on ‘DER Tour Operator for its services to be rendered, unless such are contractually agreed between ‘DER’ Tour Operator and customers in advance.
      2. The party(ies) making the reservation (booking) is-/ are responsible for all the contractual obligations of the travelling customers, for whom it-/ they make(s) the reservation (booking), as well as for its-/ their own contractual obligations, when the party(ies) have adopted such obligations by a specific and particular declaration.
      3. Should however the content of the travel services confirmation of ‘DER’ Tour Operator diverge from the content of the reservation (booking), then ‘DER’ Tour Operator will be legally required to issue a new offering, which is binding for ten days. A new Travel Contract must then be concluded on the basis of the new offering, provided that ‘DER’ Tour Operator have been notified of the required changes and ‘DER’ Operators have already fulfilled their former contractual obligations of providing information, and customers have accepted the new offering within the ten days, by means of an express declaration or advance payment.
      4. The pre-contractual information provided by ‘DER’ Operators concerning any essential details of the travel services, the travel services costs, the payment methods, the minimum number of participants, and the all-inclusive cancellation fee (pursuant to Art. 250, Section 3, Numbers 1, and 3 to 5 and 7 of the forementioned ‘EGBGB’-Introductory Legislation to the forementioned Civil Law Code), will not become an integral part of the Travel Contract, unless specifically agreed between the contractual parties.
    2.  For reservations (bookings) made verbally, by telephone, in writing, by email- or text –messages or by telefax message, the following terms and conditions apply:
      1. The reservation (booking) of customers (or an application for the travel services) represents a legally binding offer on the part of customers to conclude a Travel Contract with ‘DER’ Tour Operator.
      2. The Travel Contract is then legally concluded upon receipt by customers of the travel services confirmation by ‘DER’ Tour Operator of the travel services to be rendered. Upon, or immediately after such conclusion of the Travel Contract, ‘DER’ Tour Operator will issue such a travel services confirmation in conformity with statutory requirements on a durable data carrier (which will enable customers to keep or save the travel services confirmation in an unalterable form, so that it continues to remain available to customers for an appropriate period of time, e.g. on paper or email message, unless customers are entitled to the travel services confirmation in hardcopy, pursuant to Art. 250, Section  6, Para. 1, Sentence 2 of the forementioned ‘EGBGB’- Introductory Legislation to the forementioned Civil Law Code, because the conclusion of contract needs otherwise to be with the simultaneous physical attendance of each contractual party and is in this case concluded outside of the business premises.
    3. For reservations (bookings) made electronically (e.g. via the internet, by ‘App.’, or telemedia services), the following terms and conditions apply:
      1. The procedure for making electronic reservations (bookings) will be explained in the relative ‘App.’
      2. A corresponding ‘correction’ possibility is available to customers to make corrections to details, to erase and reset the entire reservation (booking) form, and this is also explained in the ‘App.’.
      3. The contractual languages available to make electronic reservations (bookings) are also indicated.
      4. When ‘DER’ Tour Operator need to save and store the contractual text, customers will be notified of the possibility of being able to access the contractual text at a later point in time.
      5. By pressing the ‘button’ (or the ‘switch area’) ‘reserve (book) now with payment’ or a similar request, customers then legally offer to conclude a Travel Contract with ‘DER’ Tour Operator.
      6. ‘DER’ Tour Operator will then confirm receipt of the travel services application from customers immediately by electronic means (confirmation of receipt of the travel services application).
      7. However, the transmission of the travel services application by customers, upon pressing the ‘button’, does not legally represent a claim of customers to the conclusion of a Travel Contract.
      8. A Travel Contract is only concluded once the travel services confirmation from ‘DER’ Tour Operator is received on a durable data carrier. When the travel services confirmation is displayed immediately on the screen upon pressing the ‘button’ - ‘reserve (book) now with payment’, then the Travel Contract is concluded. In this case, no intermediate message will be issued confirming the receipt of the reservation (booking) as per paragraph ‘f’ above, provided customers are given the possibility of saving and storing the travel services confirmation on a durable data carrier together with a corresponding ability of printing this out. However, the legal validity of the Travel Contract is not dependent on whether customers have availed themselves of the possibility or storing, saving or printing-out the Travel Contract, or not.
    4. ‘DER’ Tour Operator however give notice, that there exists no statutory entitlement of revocation under Arts. 312 et seq. of the forementioned ‘BGB’-Civil Law Code for the offered travel services, which have been ordered and contracted under terms and conditions of ‘distance selling’ (in particular by postal mail, telephone calls, telefax message, email message, text message as well via telemedia services and online services), but only the statutory withdrawal- and cancellation –rights. Withdrawal- and cancellation -rights are particularly referenced in Art. 651h of the forementioned ‘BGB’-Civil Law Code. Withdrawal and cancellation rights however exist when a Travel Contract is concluded outside of business premises, as explained in Art. 651h of the forementioned ‘BGB’-Civil Law Code, unless verbal negotiations, on which the Travel Contract is based, have been conducted on a prior order of a consumer. In this latter case, no entitlement of revocation exists.
       
  2. Payment and travel services documentation
    1. Travel Terms and Conditions DER Deutsches Reisebuero GmbH & Co. OHG (Inc. & Ltd. Partnership) (valid for new reservations as from 01July 2018) The following terms and conditions, when effectively and legally agreed, represent the content of the ‘All-Inclusive Travel Contract’ between this Tour Operator (‘DER’ Tour Operator) and the customer (hereinafter referred to as the ‘Travel Contract’). These terms and conditions are supplementary to Arts. 651a to y of the German Federal ‘BGB-Buergerliches Gesetzbuch (Civil Law Code) as well as Arts. 250 and 252 of the German Federal ‘EGBGB-Einfuehrungsgesetz zum BGB (Introductory Legislation to the forementioned ‘BGB-Civil Law Code) and complete these in an applicable contractual form. Any particular divergences hereform in any travel-/ tour offerings as well as in individual agreements with customers, take precedence over these present travel terms and conditions.‘DER’ Tour Operator and any mediating travel agents may only require or accept payments for the travel services cost when an effective services-provider insolvency protection insurance is in existence. The certificate of insurance must also have been issued to customers, showing the name and contact details of the insolvency-protection insurer in a clear, understandable and explicit form. Upon the conclusion of the Travel Contract, an advance payment of 20% of the travel services cost will become due for payment, against the relinquishment of the insolvency-protection certificate of insurance. The residual amount of the travel services cost will become due for payment 28 days before the commencement of the travel services, provided the insolvency-protection certificate of insurance has been properly relinquished, and the statutory withdrawal- and cancellation -rights of ‘DER’ Tour Operator can no longer be exercised. Earlier payment demands can however be made for certain travel services (e.g. for certain special flight tariffs) as explained in the travel services offerings.
    2. When customers make payment by credit card, then the credit card account will be debited automatically on the next due date of the servicing of the credit card account.
    3. Should customers fail to make advance payments and/or residual payments by the agreed due dates, although ‘DER’ Tour Operator are ready- and in a position -to render the contracted travel services, and have also complied with their statutory requirement to provide all necessary information, and customers enjoy no statutory or contractual retention rights, then ‘DER’ Tour Operator will be entitled to withdraw from (or cancel) Travel Contracts, after issuing reminders and setting due dates for compliance, and to charge customers withdrawal (cancellation) expenses as per Sections 4.2, Sentences 2 to Section 4.5.
    4. The travel services documentation will be issued essentially 21 days before the commencement of the travel services, and in cases of near-term reservations (bookings) within 24 hours, if so required. The travel services documentation can also be collected at the offices of ‘DER’ Tour Operator, or sent by electronic mail by special arrangement, or delivered direct to customers by postal mail, in a printed-out hardcopy form.

      In cases of near-term flight reservations (bookings), the travel services documentation can also be deposited at the departure airport by agreement in individual cases. The travel services documentation will then be handed over at the departure airport upon payment. To cover the extra expenditure incurred, a handling charge of EUR 15.00 will be debited, per case.
       
  3. Changes made to the travel services before the commencement of the travel services
    1. Divergences in the essential details of the travel services, as agreed in the content of the Travel Contract, which might become necessary after the conclusion of the Travel Contract, and which are introduced by ‘DER’ Tour Operator in good faith, are permitted to ‘DER’ Operators, provided that the divergences are negligible and do not encroach upon the overall layout of the travel services arrangement.
    2. ‘DER’ Tour Operator are however obliged to notify customers of all changes made to the travel services once they become aware of the reason for such changes, by informing the customers affected on a durable data carrier (e.g. by email- or ‘SMS’ text message or verbally) clearly, understandably and in an explicit manner.
    3.  In cases however of considerable changes to the travel services, or of an essential characteristic, or divergences from the instructions of customers, which affect the content of the Travel Contract, customers are then entitled to avail themselves of a statutory right to the following remedies. The remedies must be claimed by customers within a statutory period of time, corresponding with the same period of time, within which ‘DER’ Tour Operator are statutorily required to notify customers of the impending changes.
      • Either to accept the advised changes; or
      • to cancel the Travel Contract without incurring any pecuniary penalty; or
      • to demand participation in an alternative travel services arrangement,

        provided ‘DER’ Tour Operator have already advertised such a travel services arrangement. Customers may then select to react to such an advertised alternative, or not.

        Customers should then immediately react, because ‘DER’ Tour Operator are entitled to assume acceptance by customers of the travel services changes, if customers do not react, or fail to react within the forementioned statutory period of time. In this respect, ‘DER’ Tour Operator refer hereby to Section 3.2 of these terms and conditions for an explanation. Otherwise, as previously explained, customers can either agree to the advised changes, demand participation in an alternative travel services arrangement, which has already been advertised to customers, or cancel the Travel Contract without incurring any pecuniary penalty.
         
    4.  On the other hand, warranty claims under guarantee remain unaffected by the foregoing, when the changes to the travel services are deficient. When ‘DER’ Tour Operator happen to incur less expenditure than previously envisaged, in providing the changed travel services arrangement, or an alternative travel services arrangement, although the characteristics remain the same, then the difference to customers is to be reimbursed by ‘DER’ Tour Operator, pursuant to Art. 651m, Para. 2 of the forementioned ‘BGB’-Civil Law Code.
  4. Withdrawal (cancellation) from contract before the commencement of the travel services and withdrawal (cancellation) charges
    1. Customers can withdraw from or cancel the Travel Contract at any time before the commencement of the travel services. All withdrawals or cancellations are then to be explained to ‘DER’ Tour Operator. Should the Travel Contract have been arranged via a mediating travel agent, then notice or withdrawal or cancellation may be given to that mediating travel agent. ‘DER’ Tour Operator recommends customers to notify all withdrawals or cancellations via a durable data carrier (as previously explained).
    2. When customers withdraw from- or cancel the Travel Contract before the commencement of the travel services, then ‘DER’ Tour Operator lose any statutory claim to the price of the travel services arrangement. Instead, ‘DER’ Tour Operator are entitled to charge reasonable compensation, provided ‘DER’ Tour Operator are not culpably responsible for the withdrawal- or cancellation –of customers, or provided that no extraordinary situations arise at the travel services location or in its immediate vicinity, which would considerably interfere with the conduct of the travel services experience or the transportation of customers at the travel services location. Such situations can be unavoidable and exceptional, when ‘DER’ Tour Operator are not on site to control matters themselves and the consequences could not have been avoided in any event, even when reasonable countermeasures would have been undertaken.
    3. The amount of all-inclusive compensation due to ‘DER’ Tour Operator is calculated by taking into consideration the period of time between the declaration of withdrawal or cancellation of customers and the commencement date of the travel services, as well as in consideration of the anticipated savings in expenditure and outlay, and the anticipated alternative acquisition of the travel services arrangements by other mediating travel agents. Any individual amount of all-inclusive compensation is therefore largely dependent on a decision of the travel guide and the date of receipt of the withdrawal or cancellation declaration of customers. When customers therefore purchase several travel services together at separate prices (e.g. flight and travel tour), then compensation will be calculated on the basis of the following all-inclusive rates individually and then added together.
      Customers should please refer to the all-inclusive amounts of compensation stated by ‘DER’ Tour Operator, and shown in the advertised terms and conditions of each of the travel services arrangements offered.
    4. Customers are of course entitled in any event to challenge and show, that the amount of compensation charged by ‘DER’ Tour Operator, is actually and essentially lower than the amount of all-inclusive compensation due to ‘DER’ Tour Operator.
    5. ‘DER’ Tour Operator however hereby reserve the entitlement to calculate a higher individual amount of compensation instead of the all-inclusive compensation, when ‘DER’ Tour Operator can show that considerably greater expenditure is incurred than is included in the applicable all-inclusive amount of compensation. In such a case, ‘DER’ Tour Operator will be obliged to specify and justify the individual amounts of compensation, less the expenditure saved and in consideration of the expenditure compensated by earnings generated in employing the travel services elsewhere.
    6. When however ‘DER’ Tour Operator is obliged to return the amount charged for the travel services consequent upon a withdrawal or cancellation, then ‘DER’ Tour Operator will comply immediately, and in any event within 14 days of receipt of the declaration of withdrawal or cancellation.
  5. Re-reservations (or re-bookings) and replacement participants
    1. After the conclusion of the Travel Contract, customers have no claim to the making of changes, particularly in regard to the date of the travel services, the destination, the place of the commencement of the travel services, the accommodation, or the type of transportation (re-reservations or re-bookings). Should however at the request of customers re-reservations or re-bookings be agreeable and possible, then the same extra expenditure will be incurred by ‘DER’ Tour Operator as a rule as with a withdrawal or cancellation. ‘DER’ Tour Operator will therefore be forced to charge the same amount of compensation at the date of re-reservation or re-booking as for a withdrawal or cancellation. In cases of other less important changes, ‘DER’ Tour Operator will only charge handling fee of EUR 30.00. Customers are however entitled to challenge and show, that the compensation due to ‘DER’ Tour Operator is considerably less than the handling charge calculated. This will however not apply when a re-reservation or re-booking becomes necessary, should ‘DER’ Tour Operator have provided customers with insufficient or erroneous pre-contractual information within the meaning of Art. 250, Section 3 of the forementioned ‘EGBGB’- Introductory Legislation to the forementioned Civil Law Code. In such a case, re-reservations and re-bookings are possible free of charge.
    2. The statutory right of customers under Art. 651e of the forementioned ‘BGB’-Civil Law Code remains however unaffected in spite of the foregoing terms and conditions, to require ‘DER’ Tour Operator to issue a relative notice on a durable data carrier, that a third party takes the place of a customer in a Travel Contract. A declaration of replacement of a contractual party is valid when this is notified to ‘DER’ Tour Operator 7 days before the date of the commencement of the travel services.
  6. Travel services not claimed or taken advantage of
    1. When customers fail to claim or take advantage of agreed travel services, which ‘DER’ Tour Operator are contractually able and willing to provide, for reasons, for which customers are responsible, then customers will not be entitled to a pro-rata return of the travel services price. This will however not be applicable when customers exercise a statutory right to show reasons for having a free-of-charge entitlement to withdraw from- or cancel –the Travel Contract. ‘DER’ Tour Operator will however make every effort to claim back expenditure savings from the travel services providers, but this obligation will not apply for entirely negligible expenditure.
  7. Withdrawals or cancellations because of insufficient numbers of travel services participants
    1. ‘DER’ Tour Operator can withdraw from- or cancel –Travel Contracts within 28 days of the date of the commencement of the travel services, when the advertised minimum number of participants, or the statutorily permitted minimum, is not obtained. In this regard, notice of such minimum participation is to have been advertised in the travel services description in advance, and this minimum number of participants and the date, by which customers are to be notified before the date of the commencement of the travel services, of the intention of ‘DER’ Tour Operator to withdraw or cancel the Travel Contract is also to have been advertised in the travel services documentation in advance. In such a case, ‘DER’ Tour Operator are obliged to inform customers immediately upon the awareness of not being able to conduct the travel services, and to present customers with a withdrawal or cancellation declaration as soon as possible. Should however it become clear early on, that a minimum participation cannot be obtained, then ‘DER’ Tour Operator will inform customers of that fact at that point in time.
    2. Should the travel services not be conducted for the foregoing reasons, then ‘DER’ Tour Operator will refund the advance payments of customers of the travel services price immediately, or in any event within 14 days after their receipt of the withdrawal- or cancellation -declaration.
  8. Withdrawal from- or the cancellation of -the Travel Contract by ‘DER’ Tour Operator because of the misconduct of participating customers

    ‘DER’ Tour Operator can withdraw from or cancel the Travel Contract after the commencement of the travel services, without observing any time period of advance notice, when customers persist in continually disrupting the travel services by misconduct, even after having been ‘called to order’. This also includes a level of misconduct, which is contrary to the runoff of the Travel Contract, so that an immediate cancellation of the Travel Contract becomes justified. This will however not apply, should the anti-contractual misconduct be caused by an infringement by ‘DER’ Tour Operator of its own obligations to provide information. When ‘DER’ Tour Operator cancel the Travel Contract, then it retains its claim to the price of the travel services, but it will have to offset the amount of expenditure saved as well as the amount of benefits gained from employing the unused travel services elsewhere, to include also any amounts of refunds obtained from the other subcontracted travel services providers.
  9. Withdrawal from or cancellation of the Travel Contract because of unavoidable extraordinary circumstances

    In this respect, citation extracts are hereby made of the statutory requirements enshrined in the forementioned ‘BGB’-Civil Law Code, which are as follows:
    ‘Art. 651h Withdrawal or Cancellation before the commencement of the travel services
    1. The traveller can withdraw from- or cancel –the travel contract at any time before the commencement of the travel services. When the traveller withdraws or cancels the travel contract, the travel organiser loses its claim to the agreed travel price. The travel organiser can however demand a reasonable amount of compensation. […]
    2. the travel organiser is prevented from fulfilling the travel services under the travel contract, because of an unavoidable and extraordinary situation, and in such a case it has to declare the reasons for the withdrawal from or cancellation of the travel contract. Should the travel organiser withdraw from or cancel the travel contract, then it loses its claim to the agreed price of the travel services.
    3. In divergence however of Para. 1, Sentence 3 hereof, the travel organiser can demand no compensation when unavoidable and extraordinary situations occur at the travel destination, or in its immediate vicinity, which considerably encroach upon the conduct of the all-inclusive travel services or the transportation of persons to the destination. Situations become unavoidable and exceptional within the meaning of this Subsection when these are outside the control of the contractual parties, who invoke the situations as being causative, and which extraordinary situations could not have been avoided even if all reasonable countermeasures had been taken to prevent such.
    4. The travel organiser can withdraw from or cancel the travel contract before the commencement of the travel services, in the following cases: […]
    5. When the travel organiser is obliged to refund to the customer the price of the travel services under the travel contract, then it must make the refund immediately and in any event within 14 days of the withdrawal or cancellation.
  10. The obligatory contractual collaboration of the traveller
    1. Travel services documentation
      Customers should please notify ‘DER’ Tour Operator or the mediating travel agent, with whom the travel services were reserved (booked), in good time if customers have failed to receive the travel services documentation within the time period indicated.
    2. Notifications of deficiencies and demands for remedies
      • Should the travel services not have been provided free of deficiencies, then customers can demand appropriate remedies. Customer collaboration will be required, notwithstanding the prior obligation of ‘DER’ Tour Operator to provide the travel services. For this reason, customers will be obliged to undertake all reasonable steps to participate in resolve any disruption and also to keep any possible and impending loss or damage as slight as possible, or to avoid any loss or damage entirely.
      • Should however ‘DER’ Tour Operator not be able to remedy any culpable deficiencies following a notification of such by customers, then customers will not have a claim hereunder for any diminution of the travel services price (under Art. 651m of the forementioned ‘BGB’-Civil Law Code) or for indemnities for loss or damage (under Art. 651n of the forementioned ‘BGB’-Civil Law Code).
      • Customers are, on the other hand obliged to report any deficiencies to the local representative of ‘DER’ Tour Operator. When a local representative does not exist or not contractually liable, then customers are to notify ‘DER’ Tour Operator at the contact address below or at any contact address indicated in the travel services documentation. The travel services documentation or the travel services confirmation should provide information on the contact details of a local representative, or the local ‘DER’ contact agency.
      • Customers should please in any event quote the reference or travel services number, the travel destination and the dates of travel indicated in the travel services documentation.
      • Customers can also present their notice of deficiencies to the mediating travel agent, with whom they reserved or booked the travel services. The local representative of ‘DER’ Tour Operator is authorised to provide assistance remedies as far as possible. The local representative is however not authorised to accept any claims of customers.
    3. Time periods of notice for a withdrawal from or cancellations of the Travel Contract.
      Should customers intend to invoke Art. 651l of the forementioned ‘BGB’-Civil Law Code and withdraw or cancel the Travel Contract because of deficiencies of the type described in Art. 651i, Para. 2 of the forementioned ‘BGB’-Civil Law Code when the deficiencies are considerable, then customers are to give ‘DER’ Tour Operator a time period of grace for seeking suitable remedies. This however is not applicable when ‘DER’ Tour Operator reject the provision of any remedy or when an immediate remedy is necessary.
    4. Damage to, delays and loss of air-travel baggage and time periods of grace of demands for remedies.
      1. (a) ‘DER’ Tour Operator hereby give notice to customers, that loss of, damage to and delays of air-travel baggage are to be reported to the airline carrier or destination airport by customer passengers on a ‘P.I.R.-Property Irregularity Report’ form in accordance with the international air traffic regulations. Airline carriers and travel organisers can repudiate liability for indemnities when the ‘P.I.R.’ report form is not completed. Such ‘P.I.R’ report form should be completed and presented within 7 days for loss or damage, and for delays within 21 days of receipt.
      2. (b) In addition, any loss, or delay should be notified by customers to ‘DER’ Tour Operator, or to its local representative or to the ‘DER’ contact agency or to the mediating travel agent.
  11. Limitations of liabilities
    1. The limitations of liabilities of ‘DER’ Tour Operator for losses or damage, in cases of natural persons, which are not culpably caused by ‘DER’, are the threefold of the travel services price.
    2. The edictal limitations of liabilities of ‘DER’ Tour Operator, in cases of natural persons or those self-determining their sexuality, which are not culpably caused by ‘DER’, are the threefold of the travel services price.
    3. Any possible claims going beyond the stipulations of Sections 11.1 and 11.2 hereof, under international treaties or under statutory requirements, remain unaffected by the foregoing.
    4. ‘DER’ Tour Operator are not however liable for disruptions in the travel services, death or injury to persons, loss or damage to property, in connection with the travel services, which are supplied by third-party services providers (excursions, sporting events, theatre performances, exhibitions, etc.), when such services are described in the travel services offer or advertisement or in the travel services confirmation, and described under the identities with names and postal address of the third-party services providers, in such a clear manner that these are recognisable for customers as not being part of the travel services provided by ‘DER’ Tour Operator, and have been selected by customers separately. The statutory requirements of Arts. 651b, 651c, 651w and 651y of the forementioned ‘BGB’-Civil Law Code remain however unaffected by the foregoing.
      ‘DER’ Tour Operator are notwithstanding only liable to customers for death, injury, loss or damage, when it can be shown, that ‘DER’ Tour Operator are culpable by reason of an infringement of their informative and organisational contractual duties.
  12. Assertion of claims: recipients and information concerning consumer dispute resolutions
    1. Claims assertable under the statutory requirement of Art. 651i, Para. 3, Nos.: 2 to 7 of the forementioned ‘BGB’-Civil Law Code, are to be asserted against ‘DER’ Tour Operator. Such assertions can also be submitted via the mediating travel agent provided the travels services were reserved/ booked via that travel agent. The assertion of claims on a durable data carrier is recommended.
    2. ‘DER’ Tour Operator hereby notify customers, that it does not participate in voluntary consumer dispute resolutions. As concerns Travel Contracts concluded via electronic legal relations systems, ‘DER’ Tour Operator hereby refer to the website for consumer disputes: ec.europa.eu/consumers/odr hin.
  13. Notification concerning the accident liabilities of carriers of passengers by sea

    The liability of carriers of passengers by sea is governed by Regulation (EC) No.: 392/2009 of the European Parliament and of the Council of 23 April 2009, on the liability of carriers of passengers by sea, in the event of accidents, specifically the death of or injury to passengers, loss or damage to travel baggage, loss or damage to valuables and loss or damage to mobility assistance appliances and any other special equipment of disabled persons. Further information on the current statutory requirements and the rights of travelling passengers under the foregoing Regulation, are obtainable by application to the email address: kreuzfahrten.info(at)dertouristik.com  -/ re: accident liabilities.
  14. Information obligations concerning the identity of the air transport carrier

    Under the EU Directive for information to passengers by air concerning the identity of the air transport carrier, ‘DER’ Tour Operator are statutorily required to inform customers of the identity of the air transport carrier as well as information on the air-carrier transport services for the reserved/ booked travel services. When, at the date of reservation and/or booking, the identity of the air-transport carrier is not yet fixed, then ‘DER’ Tour Operator are obliged to name the air-transport carrier(s) to passengers, which will probably carry out the air flights. As soon as ‘DER’ Tour Operator comes to know which air-transport carrier(s) will carry out the flights, it will contact passengers on the matter. Should the identity of the air-transport carrier change in the meantime, then ‘DER Tour Operator will inform passengers of the change with immediate effect.
    The list of air-transport carriers banned in the E.U. (the Community List, the former ‘Black List’) is available on the following internet website:
    ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm
  15. Passport, visa and healthcare requirements
    1.  ‘DER’ Tour Operator will inform all travelling passengers of the generally valid immigration regulations (passport and visa requirements) as well as the immigration healthcare requirements of the destination country, to include the approximate time periods for obtaining the requisite visas, before the date of the conclusion of the Travel Contract, and of any possible changes before the commencement of the travel services.
    2. However, passengers themselves are responsible for informing themselves about the acquisition and holding of the requisite travel documentation, the obtaining of any necessary vaccinations and compliance with the customs and excise and foreign exchange regulations. Any penalties arising from failure to observe such rules and regulations, e.g. the payment of withdrawal/ cancellation charges, are for the account of travelling passengers. This is not applicable when ‘DER’ Tour Operator have culpably failed to inform travelling passengers appropriately.
    3. ‘DER’ Tour Operator however, are not liable for the punctual issuing and the receipt of the necessary visas from the diplomatic agency of the destination country, even when passengers have instructed ‘DER’ Tour Operator to organise such issue and receipt, unless ‘DER’ Tour Operator are culpably responsible for this deficiency.
  16. Travel protection (travel cancellation insurance, etc.)

    Passengers are politely asked to observe that the prices in this catalogue do not include premiums for travel cancellation insurance (cancellation charge insurance and travel cancellation/ discontinuance insurance). When travelling passengers seek to withdraw or cancel the travel services before the commencement of travel, then cancellation charges will be raised by ‘DER’ Tour Operator. In case of any interruption or discontinuance of the travel services by travelling passengers, then additional charges will occur, for a return journey and for other additionally incurred costs. To cover such eventualities, passengers are recommended to contract special all-round carefree cost protection insurance with: Europaeische Reiseversicherung AG (LLC/Ltd.), Rosenheimer Strasse 116, D-81669 Munich, Germany. The insurance includes not only travel withdrawal/ cancellation insurance cover but also comprehensive travel protection in conjunction with a 24-hour emergency telephone service.
  17. Data protection

    ‘DER’ Tour Operator raise all personally referred data of its customers upon their reservations/ bookings, necessary for the fulfillment and execution of the Travel Contract. Such data is electronically saved, stored and processed by ‘DER’ in so far is necessary for the purpose of the Travel Contract, and transmitted to third-party services providers such as hotels and air transport carriers.

    When customers indicate their email address upon making the reservation or booking, ‘DER’ Tour Operator will use the address to inform customers of any similar travel services. Should customers not wish to receive such information, they can reject such use at any time without incurring any charges other than the transmission costs at base tariff. ‘DER’ Tour Operator will again notify customers at all times of the ‘rejection’ possibility whenever they employ such email addresses of customers. Alternatively, customers can renounce receipt of emails from ‘DER’ Tour Operator upon making reservations or bookings.

    (Status: June 2018) These reservation (booking) terms and conditions are applicable from 01.07.2018.

 

‘DER’ Tour Operator

DER Deutsches Reisebuero GmbH & Co. OHG
(Inc. & Ltd. Partnership)

DER Touristik & Incentive
Siegburger Strasse 126, D- 50679 Cologne, Germany

Tel.: +49 (0) 221 506 0930

Registered Office and Business Address:
Emil-von-Behring-Strasse 2, D-60439 Frankfurt on Main, Germany

Tel.: +49 (0) 699 5880

Corporate Domicile: Frankfurt on Main, Germany
Commercial Register No.: HRA 28487 – Commercial Registry at the Frankfurt on Main District Court, VAT Reg. No.: DE812386849

Managing Stockholding Partner:
DER Reisebuero Beteiligungs GmbH (Inc.), Corporate Domicile: Cologne, Germany Commercial Register No.: HRB 88044 – Commercial Registry at the Cologne District Court, VAT Reg. No.: DE306417140  Managers: Andreas Heimann, Klaus Franke, Christoph Führer, René Herzog, Dr. Dirk Tietz