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The following provisions will be, as long as are in force the content of the traveling contract that is about to be signed between you and víaDanza Tanzreisen KG, that while the reservation will appear with its initials “VDT”. These provisions complete and fulfill legal precepts of the Civil Law (BGB, according to its acronyms in English) §§ 651 a-m and the information precepts for the travel agency according to §§4-11 laws from the Civil Law Info V (Decree on Duties of Information and Verification according to the Civil Law. Please read carefully these conditions before booking.
1. To close the contract
1.1 When the client books he proposes to VDT the mandatory signing of the contract. The client will be implicated in this signing contract position for 10 days.
1.2 You can book it orally, written, by phone, by fax or electronic link, (email, Internet). The written or by fax reservations should be delivered together with the reservation form of VDT.
1.3 In case you book by electronic links, VDT immediately confirms by electronic means having received your reservation. This delivery report does not mean neither the reservation is confirmed nor you have the right to sign the contract to be carried out.
1.4 The client receives the contract together with the confirmation of the reservation done by VDT. The confirmation does not require a specific form. During the signing of the contract or right afterwards VDT will send, in a written way, a confirmation of the trip to the client.VDT is not obliged to do all this if the client books seven working days before the trip.
1.5 If the content on confirmation of the reservation differs from the content on the reservation done by the client, then you are in front of a new offer of VDT, and VDT will be implicated with this new term for a period of 10 days. The contract is signed on the base of the new offer if the client, in the established period, verbally declares to VDT or while making the initial payment and the rest of the payment, that he or she accepts the new offer.
1.6 The client is responsible for the performance of all the duties established in the contract for travelers, in which he based himself to do the reservation, as well as his own duties as a client, as long as he assumes these duties in a verbal or other way.
2. Bases of the contract, services, sales representatives, foreign fliers/brochures
2.1 VDT duties that appear in the contract are determined taking into consideration the reservation done, the confirmation of your reservation and every complementary information of VDT about the trip, mainly travelling conditions that appear in the traveling catalog or in the web site.
2.2 VDT does not allow sales representatives (for example, travel agencies) and service entities (for example, hotels, transport agencies) to make agreements, give information or guaranties that modify the content agreed in the travelling contract if it exceeds the services that VDT had promised to give or that contradicts the trip reservation done previously.
2.3 VDT is not accountable for fliers of hotels or other places that haven´t been edited by VDT , as long as it wouldn´t have been orally agreed with the client that this will be part of the travelling application or content of the duties of VDT.
3. Changes in the services
3.1 Any change in the main services under the contract provisions once it is closed, is possible just if VDT doesn´t do that against the loyalty and confidence that the client has laid on them and if the changes to be done do not represent a substantial change and do not affect the whole trip package.
3.2 The rights of guaranty remain the same if the services changed are affected.
3.3 VDT is forced to inform the client about important changes in the services right after knowing the reasons of the changes to be done.
3.4 In case of any substantial change, the client has the right to give up the contract without any payment and the client can also demand to be part of a trip at least similar in the case that VDT has the chance to offer the client, within its offers, the same kind of trip without any charge. The client has the right to demand this right after VDT announces the changes in the trip services and also can make valid the cancellation of the trip and everything related to it.
4.1 Once the contract is closed, and the protection certificate is delivered according to the law §651 k from the Civil Law it is necessary to pay the amount of 20% of the price of the trip. The remaining payment will be done 4 weeks before the trip, as long as you have already been delivered the protection certificate so you can not cancel the trip for the reasons mentioned in the subsection 9.
4.2 If VDT is ready for the compliance of the trip services written in the contract, and it has not been given any right of holding/retention of the client according to the contract and the law, then, there is no right to receive documents or trip services if you haven´t paid the whole trip.
4.3 If the client pays the whole trip or part of it after the agreed closing date, then VDT has the right, (after having sent a reminder setting a period for payment,) to give up the trip contract and to do a surcharge for late payment to the count of the client according to the subsection 6.
5. Price increase
5.1 VDT has the right to change the agreed price in the trip contract in case that the cost for transportation increases or if taxes of certain services as port taxes or airport taxes raise as well, or in case of any variation in the current money exchange rate according to the following provisions:
5.2 It is possible to increase the price of the trip if there are 4 months between the closing of the contract and the trip appointment and if the circumstances that lead to the increasing of prices weren´t present before closing the contract or they weren´t foreseeable by VDT while closing the contract.
5.3 If the transportation expenses that appear in the contract increase, specifically fuel expenses, then VDT can increase the price of the trip according to the following calculations:
a) VDT can demand an extra sum of money to the client in case that those prices related to tickets increase.
b) Besides, additional costs of transportation demanded by the transport company will be divided, taking into consideration the number of seats of the means of transportation selected. VDT can demand the additional money resultant from the individual passage to the client.
5.4 If established taxes during the closure of the contract, for example, port and airport taxes increase, then a correspondent sum of money can be proportionally added to the price of the trip.
5.5 If the current money exchange rate varies after closing the contract, the price of the trip may increase as far as the trip becomes more expensive for VDT.
5.6 In case of any subsequent variation of the price of the trip, VDT has to inform the client immediately after knowing the reasons. Just is allowed to increase the prices, in details for the client, 21 days before the trip. In case that the prices increase more than 5 %, the client has the right to give up the trip contract without paying taxes or to demand another trip with the same price, in case that VDT has the possibility to offer the client a similar trip without extra charge. The client can assert the rights mentioned above once VDT informs him about the changes in prices.
6. Cancellation of the trip by the client. Prices
6.1 The client can cancel the trip any time before making it. The cancellation before VDT is made through the addressed pointed in these conditions. In case you book the trip by a travel agency, this can be cancelled through this same agency. We recommend the client to submit a written declaration.
6.2 If the client cancels before the trip or he never makes it, then VDT loses the right to the price of the trip. On the other hand, if VDT is not responsible for the cancellation or if we are in front of a case of circumstances beyond our control then VDT can demand an adequate compensation for the trip measures taken till the moment of cancellation and for the expenses, depending on the correspondent price of the trip.
6.3 VDT chronologically staggered the right to indemnity, what is to say, depending on the relation, in percentage terms, and the price of the trip, considering the proximity between the moment of the cancellation and the date of the trip agreed in the contract. The expenses normally economized and other possible uses of the services of the trip were also considered in the calculation of indemnity. Indemnity is calculated in the following way, after the client informs the cancellation:
Trip package with regular flight or charter
Till 30 days before making the trip 20%
From 29 to 22 days before making the trip 30%
From 21 to 15 days before making the trip 40%
From 14 to 7 days before making the trip 50%
6 days before making the trip 55%
In case the cancellation is made the same day of the trip or it is never made 90%
Cruise trip by river or sea
Till 30 days before making the trip 25%
From 29 to 22 days before making the trip 40%
From 21 to 15 days before making the trip 60%
From 14 to 1 days before making the trip 80%
In case the cancellation is made the same day of the trip or it is never made 90%
Trip by rented car or trailer
Till 30 days before making the trip 20%
From 29 to 22 days before making the trip 35%
From 21 to 15 days before making the trip 50%
From 14 to 1 days before making the trip 75%
6 days before making the trip
In case the cancellation is made the same day of the trip or it is never made 90%
6.4 In any case, the client is free to show VDT that there weren´t such affectations or that these represent an essentially minor damage compared to the requirements of VDT.
6.5 VDT has the right to demand a higher concrete indemnity instead of the agreed total amount, as long as VDT proves that there were considerably higher expenses than the amount applicable to the case. If VDT asserts his right then it is obliged to indicate precisely and to charge the demanded indemnity, considering the economized expenses and other possible uses of the services of the trip.
6.6 We recommend the client the urgent closure of the insurance of expenses of cancellation of the trip, the same as the insurance of devolution of costs in case of accident or illness.
6.7 The right of the client correspondent to the provisions of the law 651 k from the Civil Law to present a substitute participant in his or her place is valid according to the provisions.
7. Changes in the reservation
7.1 After the closure of the contract the Client has no right to change the date of the trip, destination, place were the trip is embarked on, accommodation or any kind of booked transportation. If any change in the reservation is possible and regardless everything else the trip is made, then VDT can charge a tax of 30.00 EUR each client because of the change in the reservation till the moment of the first step in the cancellation mentioned in the costs of the cancellation.
7.2 If the client attains what he wants, to change the reservation, it is just possible after the cancellation of the contract of the trip, as it appears in the subsection 6. of the established provisions and after the new inscription in the trip. It isn´t valid in case that the new reservation doesn´t represent substantial expenses.
8. Not used service
If the client does not use services of the trip that were offered according to the regulation, (for example, anticipation of the return trip or any other unavoidable reason), then the client has no right to demand part of the price of the trip). VDT will make efforts to receive a refund of the expenses economized through the persons in charge of providing services. This obligation is withdrawn if it is an irrelevant service or if the refund is not allowed by the law and by the authorities.
9. Cancellation by VDT because it could not get the minimum of possible participants.
9.1 VDT can cancel a service if it does not get the required number of participants following these regulations:
a) The minimum number of possible participants and the moment till which VDT can cancel have to clearly appear in the concrete notification or have to be showed in the standard regulations for all the trips or specific kind of trips or have to be showed in a catalogue or in a description of the general services.
b) VDT has to show in the confirmation of reservation the minimum number of possible participants and the closing date till which the client can cancel or point out information of correspondent leaflets.
c) Is mandatory for VDT to inform the client immediately about the cancellation whenever is determined that the trip can´t be made because they could not reach the minimum number of possible participants.
d) VDT can not cancel 4 weeks before the trip.
e) In case of cancellation, the client can demand to be part of another trip at least with the same price, if VDT has the possibility to offer the client a trip of that kind without extra charge. The client can assert his right immediately after being informed about the cancellation.
If the trip is not made for this reason, then the client immediately receives back payments for the trip.
10. Cancellation of the contract for bad behavior
10.1 VDT can cancel the trip contract without following the norms if the client takes no notice of any sanction by VDT and he continues causing troubles or if the client behaves against the principles of the contract, so that the immediate cancellation of the contract is justifiable.
10.2 If VDT cancels the contract, it keeps the right to the price of the trip. However it has to pay back the amount of the economized expenses, as well as the benefits from the result of any other use of the non used services including the amount earned through provider of services.
11. Duties of the client
11.1 The obligations resulting from the law § 651 d paragraph 2 from the Civil Law about informing the shortcomings during the trip are agreed on the terms of the contract in the following way:
a) The client has to inform immediately to the local representatives of VDT about deficiencies that may appear and he has to demand a solution.
b) The client will be informed, at the very latest, while sending documents of the trip, about the person, the location, telephone numbers or electronic addresses of the representatives of VDT.
c) If in the accords of the contract you are not informed about a local representation or management of the trip, then the client has to point out immediately that deficiency to VDT through the address written at the end.
d) The rights of the client are not just cancelled if he does not inform the deficiency.
11.2 The trip guides, agencies and provider of service companies, workers, are not allowed, not even by VDT, to confirm the existence of deficiency or to make assert someone´s right before VDT.
11.3 If the trip is considerably affected by any deficiency in the trip, the client can cancel the contract. The same is valid if the trip is not fairly the same because of any deficiency for any significant reason or recognized by VDT. The cancellation is just allowed if VDT or its representatives, as long as they are present in the contract as contacts, do not solve the deficiency in the period of time agreed by the client. It is not necessary to determine a deadline if there is no possible solution or if VDT or its representatives refuse to it or if the cancellation of the contract can be justified by any special interest of the client.
11.4 In case of delayed or lost luggage, the client has to show on the proper time the damage of delaying and delivering in the trips by the damage notifications to the responsible air company. Travel companies may reject the demand for refund if you don´t fill in a damage notification form. The damage notification is refunded in 7 days if the luggage is lost and in 21 days after delivered the notification if the luggage is delayed. Besides, you should inform the management office or the local representation of VDT about the loss, deterioration or bad management of luggage.
12. Restrictions of guaranties
12.1 VDT´s responsibility established in the damage contract, except body damages, is restricted to 3 figures of the trip if:
a) The damage caused to the client wasn´t done with premeditation or it is seriously negligent.
b) VDT is responsible for the damage caused to the client for the fault of the provider of services.
12.2 The criminal responsibility of VDT for material damages without premeditation or seriously negligent is restricted to 3 figures of the trip. The total amount for the guaranty is valid for every client and trip respectively. Probably, the additional rights of trips related to luggage, will remain out of the restriction, according to Montreal Agreement.
12.3 VDT is not responsible for anomalies in the provision of services or for any other material or personal damage related to foreign services (for example, excursions, sport activities, visits to theaters, exhibitions, transportation services from the starting point to the final destination), as long as these services have been clearly categorized by the contracting part in the call of the trip and in the booking confirmation as alien or foreign services so that the client does not recognize them as part of the services offered by VDT. However, VDT is responsible for:
a) Services that include transportation of the client from the starting point to the final destination, transportation and accommodation during the trip,
b) The violation of duties of warning, information and organization as long as they cause any damage to the client.
Other responsibilities of VDT as sales representative resulting from the violation of duties remain the same according to the provisions mentioned before.
13. Exclusion and expiry of rights
13.1 If the trip is not made according to what was agreed in the contract, the client has the right to assert his right in a period of 1 month after trip´s culmination date agreed in the contract.
13.2 You can just assert your rights during the closing date and through the address written bellow.
13.3 Once the period for doing this is over, the client can just assert his right if he was not able by any means to do it in a proper time.
13.4 The rights of the client included in the contract according to the laws §§ 651 c to f from the Civil Law to get indemnity for personal damage that threatens life, body or health, based on the negligent violation of duties by VDT or in the negligent and with premeditation violation of duties by any VDT legal representative or assistant executive, expire in two years. This is also valid for the rights of recovering from damages based on the seriously negligent violation of duties of VDT or in the violation with premeditation by VDT or in the negligent and with premeditation violation of duties by any VDT legal representative or assistant executive.
13.5 The remaining rights according to the laws §§ 651 c to f from the Civil Law expire in one year.
13.6 The closing date explained in the subsection 13.4 and 13.5 begins the first day that follows the day in which the client should have finished the trip according to what was agreed in the contract.
13.7 If the client and VDT make deals regarding the right or the circumstances that support this right, then the closing date is cancelled till the client or VDT refuse to go on with negotiations. The closing date of rights is retaken, at least, three months after ended the cancellation.
14. Instructions for passport, visa and health insurance
14.1 VDT will inform citizens from any state of the European Community where the trip is offered about the provisions regarding instructions for passport, visa and health insurance before closing the contract. VDT will also inform before starting the trip, about eventual changes that may occur. For citizens from other states, the correspondent consulate is the one that informs about these matters. For doing this they start from the premise that there are not specific cases with the client or eventual co-travelers (for example, dual nationality and no nationality at all).
14.2 The client is responsible for showing and carrying necessary trip documents and eventually required vaccine and for carrying out the precepts with customs and currency. The disadvantages that may appear for not complying with these precepts, for example, not getting costs of cancellation payment are at the client´s expense. This is not valid if VDT is guilty, if it had not have informed it or if it had done it wrong.
14.3 VDT is not responsible for delivering on time the required visa, instead of the correspondent diplomatic office, if the client had not dealt with this previously. If not, it would mean that VDT violated its own duties.
15. Airlines Information
15.1 According to the EU decree on information to passengers about the identity of international airline enterprise, VDT informs the client, before or at last with the reservation, about the identity of the airline related to all air transportation services to be done in the frame of the booked trip.
15.2 If during the reservation it has not been chosen the airline, then VDT is forced to provide the client the enterprise or enterprises that they will probably use to make the trip. Once VDT knows the chosen airline, it will inform the client.
15.3 If the airline that was told to the client changes, VDT will inform immediately the client about this change as soon as possible by adequate means.
15.4 The “Black List” made according to the EU decrees (air companies that can not fly on the airspace of the member states) will be available in VDT´s web page and in VDT´s commercial office.
16. Establishment of applicable law and jurisdiction
16.1 In the contractual relationship between the client and VDT is applied exclusively the German Law, This is also valid for the whole legal relation.
16.2 If the German Law is not applied in case of complaints of a client against VDT out of the country due to VDT responsibilities, they will be applied afterwards according to the legal consequences, especially regarding form, dimension and limit of rights of the client.
16.3 The client can demand VDT only in its headquarters.
16.4 In case that VDT demands one of its clients, it is mandatory to inform the address of the client. In case of demands against clients, contracting parties, sales representatives, lawyers of public or private law or any people whose residence is out of the country or unknown at the moment of the demand between both parties, VDT´s headquarters is taken as jurisdiction.
16.5 Previous provisions are not valid if applicable provisions of the contract in the Member State of the EU to which the client belongs are more favorable for the client than these provisions or correspondent German precepts.
© Copyright reserved by the author of these traveling provisions; RA Noll, Stuttgart, 2007-2010
Travel sales representatives:
víaDanza Tanzreisen KG
Mettinger Straße 26
Telephone: 07 11/48 90 70 03
Fax: 07 11/48 90 70 04
Electronic e mail: email@example.com