GENERAL TERMS AND CONDITIONS
With the written, oral or notification by phone, the customer offers the company GrobenTurismo S.R.L. (hereinafter called GT) bindingly the conclusion of a contract. At the same time, this notification applies to all participants listed in the notification. The applicant is responsible for his contractual obligation as for his own obligations. The contract comes about with the acceptance by GT. This acceptance does not require any particular form. . At or immediately after the conclusion of the contract, GT will give the customer the travel confirmation. If the content of the travel confirmation differs significantly from the content of the notification, a new offer from GT will be available to which GT will be bound for a period of 10 days. Then the contract comes about on the basis of this new offer if the traveler declares the acceptance in writing within the stipulated period before GT.
GT may only demand payments of the traveler of the travel price before the end of the trip if GT has handed over a travel confirmation to the traveler. With the travel confirmation a pre-payment to the amount of 25% of the travel price becomes payable. Basically, the full payment of the travel price takes place no later than 6 Weeks before the beginning of the respective trip.
Some services are contractually agreed; arise in particular from the specifications of the respective program on the website www.agrw-network.de de and from the information referring here in the travel confirmation. The information contained on the website is generally binding for GT. GT however reserves the right to explain a change in the program description, inform the traveler at the time of booking for objectively justified, significant and unpredictable reasons.
Service and Price changes
Individual Travel Services changes or deviations from the agreed contents of the travel contract, which become necessary after the conclusion of the contract and which were not caused by GT against faith, are permitted insofar as these changes or deviations are not significant and do not affect the overall character of the booked trip. Any warranty claims remain unaffected, insofar as the changed services are free of defects. GT is obliged to inform the customer about service changes or deviations immediately. Where appropriate, GT will offer the customer a free rebooking or the free withdraw from the travel contract. However, GT reserves the right to change in the range, the advertised and confirmed at booking prices in case of increase of the transport costs or the charges for certain services, such as port or airport fees or in the case of the change of the exchange rates applicable to the trip in question, like the increase in transport costs or the charges for certain services per person or per seat affects the travel price, provided that between the conclusion of the contract and the agreed date of travel there are more than 3 months. In case of a subsequent change of the travel price or the change of a major travel service, GT has to inform the travelers immediately, but no later than 21 days prior to departure. Price increases after this date are not allowed. With price increases by more than 5%, or in the case of a significant change in a major travel service, the traveler is entitled without fees to withdraw from the travel contract or to participate in a trip of at least an equivalent cost, provided that GT is in the situation to offer such a trip from the program with no extra charge for the traveler. The traveler has to assert this right immediately after the receipt of the GT explanation regarding the price increase or the modification of the travel service before GT.
Cancellation of the trip by the customer, Rebookings, compensations
The customer may withdraw from the trip at any time before the start of the same. The receipt of the declaration of withdrawal by GT is decisive for the declaration of withdrawal. A declaration of withdrawal from the trip can only be made in writing. If the customer withdraws from the travel contract or if he does not start the same, GT may demand compensation for the travel arrangements and expenses. When calculating the compensation are usually saved expenses and taken into account commonly possible other uses of travel services. GT can globalize this claim for damages taking into account the following aspects according to the proximity of the timing of the resignation to the contractually agreed departure in a percentage ratio to the travel price.
Private tours, flights, hotel bookings, transfers, excursions, bus and train travel, car rental and flight package tours:
• Up to the 30th day before the start of the trip - 6 % of the travel price,but at least 300, - € per person
• from the 29th to the 15th day before the start of the trip - 25 % of the travel price
• from the 14th day before the start of the trip - 55 % of the travel price
• from the 9th day before the start of the trip - 100 % of the travel Price
• Special cancellation policies for hotels:
• from the 60th day up to the 30th day before the start of the trip - 50, - € per person
• from the 29th up to the 10th day before the start of the trip - 30 % of the travel price
• from the 9th day before the start of the trip- 100% of the travel Price
• special cancellation conditions for cruises and voyages:
• Up to the 60th day before the start of the trip - 300, - € per person
• from the 59th up to the 40th day before the start of the trip - 40 % of the travel price
• from the 39th up to the 30th day before the start of the trip - 60 % of the travel price
• from the 29th up to the 20th day before the start of the trip - 80 % of the travel price
• from the 19th day before the start of the trip - 100 % of the travel Price
Other types of travel
The unspecified types of travel shall be treated for the consequences of cancellation according to the principles developed in these travel conditions.
On customer's request after booking the trip for a date which falls within the temporal scope of the travel length, changes are carried out in terms of travel, destination, of the place of the beginning of the trip, accommodation, or the type of transport (rebooking), GT may charge a rebooking fee per passenger in accordance with the following terms.
The rebooking requests of the customers which are asserted at the end of these terms, can - be taken into account if its implementation is at all possible - only after the resignation of customers of the travel contract and a simultaneous new registration. This does not apply for rebooking requests that cause no or only minor costs.
Until the start of the journey, the traveler may require that instead of him a third(third party) enters into the rights(laws) and obligations from the travel contract. GT can contradict such an entry(admission) if the third(third party) is not enough for the special(particular) travel requirements or laws or official regulations preclude his participation. If a third(third party) enters into the travel contract, then he and the traveler are legally responsible to GT as a joint debtor for the travel price and for the additional costs arising from the contract admission of the third party.
If the traveler does not take up single travel services following a premature return of the trip or for other (further) compelling (urgent) reasons, GT will seek with the service providers the reimbursement of the saved charges. This obligation is cancelled (omitted) if it concerns absolutely unimportant services or if legal (lawful) or official regulations (determinations) preclude a refund.
Withdrawal and cancellation of the travel contract by GT
GT can withdraw from the journey contract before the beginning of the journey or terminate the journey contractafter the beginning of the journey in the following cases: or if he behaves to such an extent contrary to the terms of the agreement, that the immediate abolition of the contractis justified, GT can terminate the travel contract. If GT terminates the travel contract, GT shall keep its his entitlement to the full travel price.GT must credit the value of the saved charges as well as those benefits which GT attains from another use of the not taken up services including the one of the amounts well brought for GT by service providers.
Until 2 weeks before the start of the trip:
GT can terminate the travel contract for non-achievement of an advertised or officially established minimum number of participants, if a minimum number of participants is pointed out in the journey advertising for the corresponding trip. In any case, GT is obliged to inform the customer immediately according to admission of the condition for the non-execution of the trip and to supply him with the resignation explanation immediately.The customer gets the paid fare immediately refunded. . Should already be evident at an earlier time, that the minimum number of participants cannot be achieved, GT has to inform the customer about it.
Until 4 weeks before the start of the trip:
GT may withdraw in this period from the travel contract, if the implementation of the travel is therefore unreasonable for GT after exhausting all possibilities, because the booking volumes for this trip are so low that in case of implementation of the trip, the GT arising costs related to the trip would mean a transgression of the economic limit. There is, however, a right of withdrawal for GT only if GT is not responsible for the leading circumstances and if GT proves the circumstances leading to his resignation and if GT has made a similar offer of compensation to the traveler. If the journey is canceled for this reason, the customer gets back immediately the paid fare.
Cancellation of the contract due to exceptional circumstances
If the trip as a consequence of unforeseen force majeure is considerably impeded, endangered or affected in the conclusion of the contract, so both GT and the traveler can terminate the travel contract. If the contract is terminated, for the travel services already rendered or to be rendered to the completion of the trip, GT may demand a reasonable compensation. Furthermore, GT is obliged to take the respectively measures, to transport back the traveler, particularly if the contract covers the return. The additional costs for the return have to be shared alike by the parties. The rest the additional costs are charged to the traveler.
Liability of GT.
GT shall be liable within the framework of the due diligence of a careful merchant for:
the conscientious travel preparation,
• the careful selection and monitoring of the service provider,
• the accuracy of the descriptions of all travel services specified in the catalogues, provided that GT has not declared a change of the brochure details in accordance with sub-paragraph 3 and
• the proper provision of contractually agreed travel services.
• GT shall be liable for any fault of the natural or legal persons entrusted with the provision of services only with premeditation and gross negligence.
If in the framework of a trip or in addition to this trip, transportation services are providedin the regular traffic and a corresponding ticket is issued to the travelers for this, so GT provides in this respect outside services. GT is therefore not liable for the transportationservices itself.In this case a possible liability regulates itself, according to the transport destinations of the company entrusted with the transport, which accessible to the passenger upon request.
If the journey is notprovided as stipulated in the contract, then the traveler can demand remedy. GT may refuse the remedy if it requires a disproportionate effort. GT can also remedy in such a way, that GT provides an equivalent compensation.
Reduction of the travel price:
For the duration of a non-contractual provision of the journey, the traveler may demand a corresponding reduction of the travel price (reduction). The travel price has to be reduced in the ratio of, in which at the time of sale the value of travel in faultless condition to its actual value would have stood.The reduction does not occur insofar as the traveler omits to show the defect.
Termination of the contract:
If a trip as a result of a defect is substantially impaired and GT does not give help, within a reasonable period of time, the traveler can terminate the journey contract in the context of the legal regulations. The same applies if the trip as a result of lack of an important, identifiable reason for GT, cannot be expected by the traveler. Determining a deadline for remedy, it is not then enough, if remedy is impossible or refused by GT, or if the immediate termination of the contract is justified by a particular interest of the passenger. However, the traveler owes GT the corresponding part of the travel price of used services.
The traveler may demand damages for non-performance without prejudice to the reduction or termination, unless the defect of the trip is based on a circumstance for which GT is not responsible.
Limitation of liability
GT's contractual liability for damages which are not physical damages, is limited to the triple of the travel price: insofar as a damage of the traveler is caused neither deliberately nor roughly negligently or insofar as GT is responsible for a resulting damage for the traveler solely due to the negligence of a service provider.The limitation of liability for propertydamages in tort liability, not based on premeditation of or gross negligence, amounts to 8.000,-€ per traveller and travel.If the travel price amounts more than 2.666,-€, the liability is limited to the amount of three times the travel price.
GT is not liable for disturbances relating to the services which are arranged merely as outsideservices (flights, voyages, sport events, visits to the theater, exhibitions, events etc. ), andthe ones in the travel advertising are labeled as outside services. A damages claim against GT is insofar as limited or excluded under international conventions or on such based legal regulations, which have to be applied to the services to berendered by a service provider, a claim for damages against the service provider only under certain conditions or limitations may be asserted or is excluded under certain conditions.
If the status of a contractual air carrier concerns GT, the liability is regulated according to the regulations of the air traffic law in connection withthe international conventions of Warsaw, the Hague and Guadalajara and the Montreal agreement (only for flights into the U.S.A. and to Canada). These agreements limit usually the liability of the air carrier for death or personal injury as well as for any loss or damage of baggage.Provided that GT is the service provider in other cases, GT is liable according to the regulations applied to these cases.
If the status of a contractual ship owner at ship journeys concerns GT, the liability is regulated according to the regulations of the code of commercial law and the inland navigation law.
Season times, hotel categories, prices
The season times set by GT can differ from those of the destinations or other travel catalogues. They are essentially determined by the utilization of the individual travel. The price groups and categories of hotels are the same, provided that there is no official categorization, set by GT and not necessarily with the categories in place brochures, guides and other travel catalogs.
The traveler is obligated to assist in service disturbancesin the context of the legal regulationsto avoid or to minimizepossible damages. The traveler is in particular obligated toinform the local tour guide of his complaints immediately. This is engaged to provide remedy provided that this is possible. If the traveler refrains to show a defect, the claim of reduction does not occur.
Exclusion of claims and limitation
The traveler has to assert claims due to non-contractual provision of travel within one month after the contractually envisaged completion of the journey to GT. After expiry of this period the traveler can assert claims, if he was prevented through no fault of the compliance with the time limit. Contractual claims of the traveler shall be barred after 6 months. The limitation period begins on the day, on which the trip should end according to the contract. If the traveler has asserted such claims, so the limitation is inhibited until the day, on which GT in writing rejects the claims. Claims in tort shall be barred after 3 years.
Passport, visa and Health Affairs
GT is committed to inform the citizens of the State from which the trip is taken, about legal provisions and administrative regulations in passport, visa and health issues as well as about their possible changes on time before the beginning of the trip. For citizens of other States, the respectively competent Consulate gives information. GT is not liable for timely obtaining and accessing the necessary visa by the respective diplomatic missions if the traveler GT has entrusted with the assignment, unless GT is culpably liable for the delay. The traveler is alone responsible for the observance of and the execution of important travel regulations in passport, visa and Health Affairs. All inconveniences, in particular the payment of withdrawal costs which arise from the non-observance of such regulations, will be charged to him, except if they are caused by some culpable wrong or non-information by GT.
The ineffectiveness of individual regulations
The ineffectiveness of individual provisions of the travel contract or the AGB does not lead to the ineffectiveness of the complete travel contract or the complete AGB. If An ineffectiveness of single regulations occurs, the ineffective regulations shall be replaced by those legal regulations which are close to the intended contents of the travel contract or the AGB.
Place of jurisdiction
The traveller can sue GT only at its place of business. For a claim of GT against the traveler, the domicile is decisive, unless the complaint is directed against traders or against persons who have no general place of jurisdiction in Germany, or against persons who have transferred their residence or habitual residence abroad after conclusion of the travel contract or whose residence or rather theordinary residence at the time of the action is not known. In these cases, the place of business of GT is decisive.