conditions

General travel conditions

 

 §1

Conclusion of the travel contract / service contract

 

(1) By registering, the customer offers the tour operator VVIP GmbH the conclusion of a travel contract / service contract binding.

 

(2) The registration can be made in writing, orally, by fax or in electronic form (e-mail, internet). The notifying customer is liable for obligations of all other travelers listed in the travel contract / service contract, if he has accepted a corresponding obligation through an explicit and separate declaration.

 

(3) A travel contract / service contract is concluded upon acceptance by the tour operator VVIP GmbH. The acceptance by VVIP GmbH does not require any special form. Upon or immediately after conclusion of the contract, VVIP GmbH will send the customer a written confirmation of travel with the travel price security certificate.

 

(4) If the content of the travel confirmation differs from the content of the registration, there is a new offer from VVIP GmbH to which VVIP GmbH is bound for a period of 10 days. The travel contract / service contract is then concluded based on this new offer, if the customer declares the acceptance within this period. The customer may expressly accept this or make a conclusive statement, such as B. by down payment, balance or travel, explain.

 §2

DEFINITIONS

 

(1) Consumers within the meaning of these terms and conditions are natural persons who enter business relations with VVIP GmbH without this being attributable to their commercial or independent professional activity.

 

(2) Entrepreneurs within the meaning of these terms and conditions are natural persons, legal entities or partnerships with legal capacity, who enter a business relationship with the agency during their commercial or independent professional activity.

 

(3) Organizer in terms of these terms and conditions is VVIP GmbH.

 

§3

Payment

 

(1) Payments on the travel price before the end of the journey may only be made upon delivery of the security note within the meaning of § 651 k Abs. 3 BGB. A deposit of the trip will be due immediately upon receipt of the travel confirmation and the travel price insurance certificate in the amount of 20% of the total travel costs. The down payment is to be made on the below mentioned business account of VVIP GmbH and will be credited to the total travel price.

 

(2) The remainder of the travel price shall be due and payable 30 days prior to the commencement of travel, provided that the security certificate has been handed over and nothing else has been agreed on a case-by-case basis, if it has been established that the journey will be carried out. The remaining payment must be unsolicited at VVIP GmbH. Decisive for the timeliness of the payment is their credit in the account with the tour operator.

 

(3) For short-term registrations, shorter than two weeks prior to departure, the total travel price is due immediately upon receipt of the security certificate and payable to the tour operator.

 

(4) Failure to pay down payment and / or the final payment has no effect on the validity of the travel contract / service contract If VVIP GmbH is prepared and able to provide the service, there is no entitlement to the travel service without full payment of the travel price. Excluded from this are legal or contractual rights of retention of the customer.

 

(5) If the travel price has not been paid despite the due date and a deadline set by VVIP GmbH, VVIP GmbH can refuse to carry out the trip and charge the customer with cancellation costs according to Section 4.

 

§4

Services

 

(1) Which services have been contractually agreed is set out in the service descriptions in the brochure and / or the Internet portal of VVIP GmbH and the information in the travel confirmation referring to this. The information contained in the brochure or on the website is binding on VVIP GmbH.

 

(2) VVIP GmbH expressly reserves the right to declare a change to the brochure details for objectively justified, substantial and unforeseeable reasons before signing the contract, about which the customer will be informed prior to booking.

 

(3) If, at the request of the customer, an individual journey is compiled, the performance obligation follows exclusively from the corresponding concrete offer to the customer and the respective confirmation of registration.

 

§5

 Cancellation by the customer, cancellation, rebooking, replacement persons

 

(1) The customer can withdraw from the travel contract / service contract at any time by declaration to VVIP GmbH. Decisive is the access of the declaration of resignation at the tour operator. The customer is recommended to declare the cancellation in writing.

 

(2) In the event of withdrawal by the customer, VVIP GmbH shall be entitled to lump-sum compensation, considering expenses normally saved and any other possible use of the travel services.

 

(3) The following rates apply:

For long-term cancellations, up to 45 days before departure a cancellation fee of 25,00 EUR per person will be charged.

 

For short-term cancellations, the following rates apply per person:

 

44th – 31st day before departure: 10% of the travel price

30th- 21st day before departure: 30% of the travel price

20th – 11th day before departure: 40% of the travel price

from the 10th day before departure: 60% of the travel price

from the day before the start of the journey and in case of non-arrival: 80% of the travel price

 

(4) The customer is permitted to prove to the tour operator VVIP GmbH that he has incurred no or lower costs than the asserted cost flat rate. In this case, the customer is only required to pay the actual costs incurred.

 

(5) VVIP GmbH reserves the right, in individual cases, to charge higher compensation, in accordance with its incurred costs, which the customer must quantify and pay for.

 

(6) There is no legal claim to changes in terms of travel date, destination, accommodation, or type of reservation (rebooking). If, at the customer’s request, rebooking’s are made after the contract has been concluded (rebooking), VVIP GmbH will charge a rebooking fee of EUR 50.00 for each change process up to 30 days before the start of the journey. Rebooking requests that take place after this deadline can, if their implementation is possible at all, be carried out only after withdrawal from the travel contract / service contract to the above conditions and simultaneous re-registration. This does not apply to rebooking requests, which cause only small costs.

 

(7) If the customer cannot start the journey, it is possible to place a substitute person until the start of the journey, who substitutes the rights and obligations of the travel contract / service contract in his place. The customer must inform the tour operator in advance of the replacement person. The tour operator reserves the right to refuse this person if it does not meet the special requirements of the trip, if it cannot be included due to organizational reasons or if its participation is precluded by legal regulations or official orders. The replacement person entering the contract and the original customer are liable to the tour operator for the travel price and as joint debtors for all additional costs incurred by the replacement person.

 

§6

Insurance

 

VVIP GmbH recommend the conclusion of a cancellation insurance and a foreign health insurance.

 

§7

Reimbursement of unused services

 

If the customer does not make use of individual travel services because of premature return travel or for other compelling reasons, the tour operator will endeavor to reimburse the saved expenses. This obligation does not apply if the service is insignificant or if a refund conflicts with legal or official regulations.

 

§8

Resignation and termination by the tour operator

 

In the following cases VVIP GmbH can withdraw from the travel contract / service contract before the start of the journey or terminate the travel contract / service contract after commencement of the journey:

 

  1. Without observing a deadline:

If the customer disturbs the execution of the trip sustainably despite a warning of the tour operator or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. The local authorized representatives of VVIP GmbH are authorized in these cases to exercise the rights of VVIP GmbH. If VVIP GmbH terminates, it reserves the right to the travel price; however, it must be credited with the value of the saved expenses it derives from any other use of the unused service, including the amounts credited to it by service providers.

 

  1. Until two weeks before departure:

In the event of failure to reach an advertised or officially stipulated minimum number of participants, VVIP GmbH may withdraw from the travel contract / service contract if a minimum number of participants is indicated in the travel advertisement for the corresponding journey. If the execution of the trip after exhausting all possibilities of VVIP GmbH unreasonable, because the booking volume for this trip is so small that in the case of the implementation of the trip, the resulting costs would exceed the economic limit of sacrifice, related to this trip, receives the Customer the paid travel price immediately back. The notification must be forwarded to the customer immediately after the conditions have been met and the travel price must be refunded immediately.

 

  1. Until 4 weeks before departure:

If the execution of the trip is not reasonable for VVIP GmbH after exhausting all possibilities, because the booking volume for this trip is so small that for the tour operator the execution of the trip would mean exceeding the economic limit of sacrifice, the tour operator can withdraw. However, a right of withdrawal now only exists if VVIP GmbH is not responsible for the circumstances leading to it (ego no calculation errors) and if it proves the circumstances leading to its withdrawal and if it has submitted a comparable alternative offer to the customer. If the trip is canceled for this reason, the customer will receive back the paid travel price immediately. In addition, the customer will be reimbursed his booking costs, if the customer does not make use of a replacement offer of the tour operator.

 

§9

Termination of the contract due to exceptional circumstances

 

If the journey is made considerably more difficult, endangered or impaired because of a force majeure which cannot be foreseen upon conclusion of the contract, the tour operator as well as the customer can terminate the travel contract / service contract. If the contract is terminated, the tour operator may demand appropriate compensation for travel services already rendered or to be completed at the end of the journey.

 

The tour operator is obliged to take the necessary measures if the contract includes the return transport, to bring the customer back. Any additional costs for the return transport shall be borne by the parties in equal parts. For the rest, however, the additional costs are charged to the customer.

 

§10

Obligations and termination of the customer, warranty, exclusion of claims, statute of limitations

(1) If the trip is not provided in accordance with the contract, the customer can demand redress. The tour operator VVIP GmbH can refuse the remedy if this requires a disproportionate effort. The tour operator can also remedy the situation in such a way that he provides an equal or higher value replacement. Any defects are always to be reported immediately to the local tour guide or at the address / telephone number below.

 

(2) If a journey is significantly impaired because of a defect and the tour operator does not remedy the situation within a reasonable period, the customer may terminate the travel contract / service contract in accordance with the statutory provisions, whereby a written declaration is recommended.

 

(3) VVIP GmbH informs about the duty of the customer to notify a defect immediately, as well as about the fact that before the cancellation of the travel contract / service contract (§ 651 e BGB) a reasonable deadline for the remedy is set, if the remedy does not is impossible or denied by the tour operator, or if the immediate termination is justified by an interest. The customer owes the tour operator the part of the travel price for the services used, if these services were of interest to him.

 

(4) In the event of a non-contractual provision of the trip (defect), the customer may demand damages without prejudice to the reduction of the travel price (reduction) or termination, unless the defect is due to a circumstance for which the tour operator is not responsible,

 

(5) Contractual / service contractual warranty claims are to be asserted to the tour operator at the address of VVIP GmbH mentioned below within one month after the contractually stipulated termination of the journey. After expiry of this one-month period, the customer can only assert claims if he has been prevented from observing the deadline through no fault of his own or if the claims are tortious. Claims of the customer according to §§ 651 c – 651 f BGB against VVIP GmbH become statute-barred after two years. The statute of limitations begins with the day on which the journey should end the contract. If negotiations between the customer and the tour operator over the claim or the circumstances giving rise to the claim, the limitation period is suspended until the customer or the tour operator refuses to continue the negotiations.

 

§11

Duty to cooperate

 

The customer is obliged to cooperate in case of performance disruptions within the scope of the statutory provisions on the obligation to mitigate damages, to avoid any possible damage or to keep it as low as possible. The customer is obliged to bring his complaints immediately to the local tour guide to the knowledge. If the customer fails culpably to report a defect, the claim for reduction does not apply.

§12

Liability of the tour operator and limitation of liability

 

(1) The contractual liability of the tour operator VVIP GmbH for damages which are not physical damages is limited to three times the travel price per journey and customer.

 

  1. a) as far as a damage of the customer is caused neither deliberately nor roughly negligently or

 

  1. b) as far as the tour operator is responsible for any damage caused to a customer solely because of a fault of a service provider.

 

(2) For all claims for damages against the tour operator, which are not based on intent or gross negligence, the tour operator is liable for damage to property up to € 4,100; If the triple travel price exceeds this sum, the liability of the tour operator for damage to property is limited to the amount of the triple travel price per trip and customer.

 

(3) The limitations of liability against the tour operator shall be limited or excluded insofar as under international conventions or statutory provisions applicable to the services to be provided by the service provider, a claim for damages against the service provider only under certain conditions or Restrictions may be enforced or excluded under certain conditions, the tour operator may rely on the customer.

 

§13

Passport, visa and health regulations

 

(1) VVIP GmbH informs the customer about provisions of passport, visa and health regulations as well as their possible changes before departure. This assumes that the customer is a citizen of the Federal Republic of Germany. Other circumstances cannot be considered in the person of the customer, unless they have been expressly informed VVIP GmbH.

 

 

(2) The customer is responsible for the observance of all important rules and regulations for the travel. All disadvantages resulting from non-observance of these regulations shall be borne by him, unless the tour operator has not fulfilled his obligation to inform.

 

(3) The customer must inform himself about the customs and foreign exchange regulations.

 

§14

Price adjustments

 

(1) VVIP GmbH reserves the right to change the price agreed upon with the travel contract / service contract in the case of an increase in transport costs or charges for certain services, such as port or airport tax or a change in the exchange rates applicable to the trip in question. If the transport costs, the fuel costs, increase, the travel price may be increased in accordance with the following calculation:

 

  1. a) VVIP GmbH may ask the customer to increase the amount for a seat-based increase. In other cases, the required increased transport costs are divided by the number of seats of the agreed means of transport. The resulting increase amount for the single seat can be requested by the customer.

 

  1. b) If duties such as port or airport TAX are increased vis-à-vis VVIP GmbH, the travel price may be increased by the corresponding pro rata amount.

 

  1. c) In the event of a change in exchange rates, the travel price may be increased to the extent that the travel has become more expensive for VVIP GmbH.

 

(2) However, an increase in the travel price is only permitted if there are more than 4 months between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase did not occur before the contract was concluded and VVIP GmbH was unable to foresee the conclusion of the contract.

 

(3) In case of a subsequent change of the travel price or a subsequent change of a substantial travel service VVIP GmbH must inform the customer immediately. A price increase, which is demanded from the 20th day before the agreed travel date, is ineffective. In the case of price increases of more than 5% or in the event of a substantial change in a substantial travel service, the customer is entitled to withdraw from the travel contract / service contract without cost or to demand participation in an at least equivalent other trip, if VVIP GmbH can do so to offer travel without extra charge for the customer from the own travel offer.

 

§15

DATA PROTECTION

 

(1) The customer is aware and agrees that the personal data necessary for the execution of the contractual relationship are stored by the tour operator on data carriers and, if necessary, passed on to affiliated companies during the order processing. The customer expressly agrees to the collection, processing and use of his personal data.

 

(2) The stored personal data will of course be treated confidentially by the customer. For credit checks, the tour operator reserves the right to exchange data with credit bureaus.

 

(3) The collection, processing and use of personal data takes place in compliance with the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).

 

(4) The customer has the right to revoke his consent at any time with effect for the future. The tour operator in this case is obliged to immediately delete the personal data of the buyer. In case of current conditions of use, the deletion takes place after termination of the contract.

 

 

§16

Applicable law, partial invalidity, place of jurisdiction

 

(1) The travel contract / service contract is exclusively subject to German law.

 

(2) Any invalidity of individual provisions does not result in the ineffectiveness of the entire travel contract / service contract.

 

(3) The tour operator VVIP GmbH can be sued at its seat. The tour operator can sue the customer at his place of residence.

 

(As of 2017)

VVIP GmbH

Owner: Tobias Haymerle, Marin Günther, Johannes Strunz

Wettersteinstraße 10

82024 Unterföhring

Tel: +49 89 4899 65 40

Fax: +49 89 4899 65 48

info@vvip-travel.com

www.vvip-travel.com