Travel conditions

Travel conditions Eggers-Reisen

Dear Customers,

the following provisions are, if effectively agreed, the content of the package travel contract between you and Eggers-Reisen, hereinafter abbreviated to "XXX", in the event of a booking. They supplement the statutory provisions of §§ 651a - y BGB (Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB) and fill them in.

Please read these travel conditions carefully before booking!

1. Conclusion of the package tour contract, obligations of the customer

1.1. The following applies to all booking channels:

a) The basis of the offer from XXX and the customer's booking are the travel advertisement and the supplementary information from XXX for the respective trip, insofar as these are available to the customer when booking.

b) If the content of the travel confirmation differs from XXX to the content of the booking, a new offer from XXX is available, to which XXX is bound for a period of 14 days. The contract is concluded on the basis of this new offer insofar as XXX has pointed out the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the customer declares acceptance by express declaration or deposit within the binding period XXX.

c) The pre-contractual information given by XXX about essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees (according to Article 250 § 3 Nos. 1, 3 to 5 and 7 EGBGB) will only then not be Part of the package tour contract, provided this has been expressly agreed between the parties.

d) The customer is liable for all contractual obligations of fellow travelers for whom he makes the booking, as well as for his own, insofar as he has assumed a corresponding obligation by express and separate declaration.

1.2. The following applies to bookings made orally, by telephone, in writing, by e-mail, by SMS or by fax:

a) Such bookings (except verbal and by telephone) should be made using the booking form from XXX (in the case of e-mails, by sending the completed and signed booking form as an attachment). With the booking, the customer XXX offers the conclusion of the package travel contract binding. The customer is bound to the booking for 30 working days.

b) The contract is concluded with the receipt of the travel confirmation (declaration of acceptance) by XXX. Upon or immediately after the conclusion of the contract, XXX will send the customer a travel confirmation in text form that corresponds to the legal requirements for its content, unless the traveler is entitled to a travel confirmation in paper form according to Art. 250 § 6 Paragraph (1) Sentence 2 EGBGB, because the The contract was concluded in the simultaneous physical presence of both parties or outside of business premises.

1.3. For bookings in electronic business transactions (e.g. internet, app, telemedia) the following applies to the conclusion of the contract:

a) The process of electronic booking is explained to the customer in the corresponding application of XXX.

b) The customer has a corresponding correction option to correct his entries, to delete or to reset the entire booking form, the use of which is explained.

c) The contract languages offered for online booking are indicated. Only the German language is legally relevant.

d) Insofar as the text of the contract is saved by XXX in the online booking system, the customer will be informed about this and the possibility of later retrieving the text of the contract.

e) By pressing the button "book with obligation to pay", the customer XXX offers a binding package tour contract. The customer is bound to this contract offer for 14 working days after the electronic declaration is sent.

f) Receipt of the booking is immediately confirmed electronically to the customer.

g) The transmission of the booking by clicking the button "book with obligation to pay" does not entitle the customer to the conclusion of a package travel contract according to his booking details. Rather, XXX is free to decide whether or not to accept the customer's contract offer.

h) The contract is concluded when the customer receives the travel confirmation from XXX.

i) If the travel confirmation is made immediately after the customer has made the booking by pressing the button "Book with obligation to pay" and the corresponding immediate display of the travel confirmation on the screen (booking in real time), the package travel contract is concluded upon receipt and display of this travel confirmation on the customer's screen without the need for an interim notification of the receipt of his booking according to f), provided that the customer is offered the option of saving it on a permanent data carrier and printing out the travel confirmation. However, the binding nature of the package travel contract does not depend on the customer having these options actually uses it for storage or for printing.XXX will also send the customer a copy of the travel confirmation in text form.

1.4. XXX points out that according to the statutory provisions (§§ 312 Paragraph 7, 312g Paragraph 2 Clause 1 No. 9 BGB) for package travel contracts according to § 651a and § 651c BGB, the distance sales (letters, catalogs, telephone calls, faxes , E-mails, messages sent via mobile phone service (SMS) as well as radio, telemedia and online services) have been completed, there is no right of withdrawal, but only the statutory rights of withdrawal and termination, in particular the right of withdrawal according to § 651h BGB (see also section 5) . A right of revocation exists, however, if the contract for travel services according to § 651a BGB has been concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were based on a previous order by the consumer; In the latter case, there is also no right of withdrawal.

2. Payment

2.1. XXX and travel agents may only request or accept payments on the travel price prior to the end of the package tour if there is an effective customer money protection contract and the customer has been given the security certificate with the name and contact details of the customer money insurer in a clear, understandable and highlighted manner. After the contract has been concluded, a deposit of 10% of the travel price is due for payment against the delivery of the security certificate. The remaining payment is due 28 days before the start of the trip, provided the security certificate has been handed over and the trip can no longer be canceled for the reason stated in section. For bookings made less than 40 days before the start of the trip, the entire travel price is due for payment immediately.

2.2. If the customer does not make the down payment and / or the final payment according to the agreed payment due dates, although XXX is ready and able to properly provide the contractual services, has fulfilled its statutory information obligations and the traveler has no legal or contractual right to offset or withhold, and if the traveler is responsible for the delay in payment, XXX is entitled to withdraw from the package tour contract after a reminder with a deadline and after the deadline has expired and to charge the traveler with cancellation costs in accordance with section 5.

3. Changes to the content of the contract before the start of the trip that do not affect the price of the trip

3.1. Deviations of essential characteristics of travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and were not brought about by XXX in bad faith, are permitted XXX before the start of the journey, provided that the deviations are insignificant and do not affect the overall design of the trip.

3.2. XXX is obliged to inform the customer about changes in service immediately after becoming aware of the reason for the change on a permanent data carrier (e.g. also by email, SMS or voice message) in a clear, understandable and highlighted manner.

3.3. In the event of a significant change in an essential property of a travel service or a deviation from the customer's special requirements that have become part of the package travel contract, the customer is entitled to either accept the change within a reasonable period set by XXX at the same time as notification of the change or free of charge from Withdrawal from the package travel contract If the customer does not expressly declare his / her withdrawal from the package travel contract within the period set by XXX, the change is deemed to have been accepted.

3.4. Any warranty claims remain unaffected insofar as the changed services are defective. If XXX had lower costs for the implementation of the changed trip or a possibly offered replacement trip with the same quality at the same price, the customer is to be reimbursed the difference in accordance with Section 651m (2) BGB

4. price increase; Price drop

4.1. XXX reserves the right in accordance with § 651f, 651g BGB and the following regulations to increase the travel price agreed in the package travel contract, insofar as this

a) an increase in the price for the transport of people due to higher costs for fuel or other energy sources,

b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or

c) a change in the exchange rates applicable to the package tour in question

has a direct effect on the price of the trip.

4.2. An increase in the travel price is only permitted if XXX informs the traveler clearly and comprehensibly in text form about the price increase and its reasons and informs the traveler of the calculation of the price increase.

4.3. The price increase is calculated as follows:

a) If the price for the transport of people is increased according to 4.1a), XXX can increase the travel price according to the following calculation:

In the case of an increase related to the seat, XXX can demand the increase amount from the customer.
Otherwise, the additional transport costs required by the transport company for each means of transport will be divided by the number of seats on the agreed means of transport. XXX can demand the resulting increase for the single seat from the customer.

b) In the event of an increase in taxes and other charges in accordance with 4.1b), the travel price can be increased by the corresponding proportionate amount.

c) In the event of an increase in the exchange rate as per 4.1c), the travel price can be increased to the extent that the travel has become more expensive for XXX as a result

4.4. XXX is obliged to grant the customer / traveler a reduction in the travel price at his request if and to the extent that the prices, duties or exchange rates mentioned in 4.1 a) -c) have changed after the conclusion of the contract and before the start of the journey and this at lower costs for XXX leads. If the customer / traveler has paid more than the amount owed hereunder, the excess amount of XXX is to be reimbursed. XXX may, however, deduct the administrative expenses actually incurred by XXX from the excess to be reimbursed. XXX must provide the customer / traveler with evidence of the amount of administrative expenses incurred upon request.

4.5. Price increases are only permitted to be received by the customer up to the 20th day before the start of the journey.

4.6. In the case of price increases of more than 8%, the customer is entitled to either accept the change or to withdraw from the package tour contract free of charge within a reasonable period set by XXX at the same time as the notification of the price increase. If the customer does not expressly declare his withdrawal from the package tour contract within the period set by XXX, the change is deemed to have been accepted.

5. Cancellation by the customer before the start of the trip / cancellation costs

5.1. The customer can withdraw from the package tour contract at any time before the start of the journey. The withdrawal is to be declared to XXX at the address given above / below, if the trip was booked through a travel agent, the withdrawal can also be declared to the latter. The customer is recommended to declare the withdrawal in writing.

5.2. If the customer withdraws before the start of the journey or if he does not start the journey, XXX loses the right to the travel price. Instead, XXX can demand appropriate compensation if XXX is not responsible for the withdrawal. XXX cannot demand any compensation if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity that significantly impair the implementation of the package tour or the transport of people to the destination; Circumstances are unavoidable and extraordinary if they are not under the control of the party who invokes them and their consequences could not have been avoided even if all reasonable precautions had been taken.

XXX has determined the following compensation lump sums taking into account the period between the declaration of withdrawal and the start of the journey as well as taking into account the expected savings in expenses and the expected acquisition through other uses of the travel services. Taking into account the time of receipt of the customer's declaration of withdrawal at XXX, the flat-rate compensation is calculated as follows with the respective cancellation scale.

up to 45 days before departure 20%
from the 46th to the 31st day before departure 30%
from the 30th to the 22nd day before departure 50%
from 21 to 11 Day before departure 75%
from the 10th to the 1st day before departure 90%

in the event of cancellation on the day of departure and no-show 100%

5.3. In any case, the customer is at liberty to prove to XXX that XXX did not suffer any damage or that the damage was significantly lower than the flat-rate compensation demanded by XXX.

5.4. XXX reserves the right to demand higher, specific compensation instead of the above flat rates, provided that XXX proves that XXX incurred significantly higher expenses than the applicable flat rate. In this case, XXX is obliged to quantify and substantiate the required compensation, taking into account the saved expenses and any other use of the travel services.

5.5. If XXX is obliged to reimburse the travel price as a result of a withdrawal, XXX must pay immediately, but in any case within 14 days of receipt of the declaration of withdrawal.

5.6. The statutory right of the customer, in accordance with § 651 e BGB of XXX, by means of notification on a permanent data carrier, that a third party enters into the rights and obligations from the package travel contract remains unaffected by the above conditions. Such a declaration is in any case timely if it is received XXX 7 days before the start of the journey.

5.7. The [1] We strongly recommend that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness.

6. Rebookings

6.1. After the conclusion of the contract, the customer is not entitled to changes with regard to the travel date, the travel destination, the place of departure, the accommodation, the type of food, the type of transport or other services (rebooking). This does not apply if the rebooking is necessary because XXX has not given the traveler any, inadequate or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; in this case, the rebooking is possible free of charge. If, in the other cases, a rebooking is nevertheless carried out at the customer's request, XXX can charge a rebooking fee from the customer for each traveler affected by the rebooking, provided that the following deadlines are met. Unless otherwise agreed in individual cases prior to the confirmation of the rebooking, the rebooking fee is € 20.00 per affected traveler up to the point in time of the start of the second cancellation tier of the respective type of travel in accordance with the above provision in section 5.

6.2. Rebooking requests by the customer that are made after the deadlines have expired can, if their implementation is at all possible, only be carried out after withdrawing from the package travel contract in accordance with section 5 on the terms and conditions and simultaneously re-registering. This does not apply to requests for rebooking that only cause minor costs.

7. Cancellation due to not reaching the minimum number of participants

7.1. If the minimum number of participants is not reached, XXX can withdraw in accordance with the following regulations:

a) The minimum number of participants and the latest time of receipt of the declaration of withdrawal from XXX by the customer must be specified in the respective pre-contractual information.

b) XXX must indicate the minimum number of participants and the latest withdrawal period in the travel confirmation.

c) XXX is obliged to inform the customer of the cancellation of the trip immediately if it is certain that the trip will not be carried out because the minimum number of participants has not been reached.

d) Cancellation by XXX later than 2 weeks before the start of the journey is not permitted.

7.2. If the trip is not carried out for this reason, the customer will immediately receive back payments made on the trip price, Section 5.5. Shall apply accordingly.

8. Termination for behavioral reasons

8.1. XXX can terminate the package tour contract without observing a notice period if the traveler disturbs persistently despite a warning from XXX or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. This does not apply if the breach of contract is caused by a breach of information obligations by XXX.

8.2. If XXX cancels, XXX retains the right to the travel price; XXX must, however, offset the value of the saved expenses as well as those advantages that XXX gains from using the unused service for other purposes, including the amounts credited by the service providers.

9. Obligations of the customer / traveler

9.1. Travel documents

The customer must inform XXX or his travel agent through whom the customer booked the package tour if the customer does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period notified by XXX.

9.2. Notification of defects / request for remedial action

a) If the trip is not provided free of travel defects, the traveler can request remedial action.

b) If XXX was unable to remedy the situation as a result of a culpable failure to report the defect, the traveler can neither assert claims for reduction in price according to § 651m BGB nor claims for damages according to § 651n BGB.

c) The traveler is obliged to notify the local representative of XXX immediately about his notification of defects. The bus driver is not a representative of XXX without an express declaration by XXX. If a representative from XXX is not available on site and is not contractually owed, any travel defects must be reported to XXX at the contact point provided by XXX; The travel confirmation will inform you about the availability of the representative of XXX or his local contact point. However, the traveler can also bring the notification of defects to the attention of the travel agent through whom he booked the package tour.

d) The representative of XXX is instructed to take remedial action, if this is possible. However, he is not authorized to recognize claims.

9.3. Setting a deadline before termination

If the customer / traveler wants to terminate the package tour contract due to a travel deficiency of the type described in § 651i Paragraph (2) BGB, if it is significant, according to § 651l BGB, the customer XXX must set a reasonable period of time for remedial action beforehand. This only does not apply if the remedy is refused by XXX or if immediate remedy is necessary.

9.4. Baggage damage and delay in air travel; special rules & deadlines for requesting remedial action

a) The traveler is advised that luggage loss, damage and delay in connection with air travel must be reported immediately by the traveler to the responsible airline by means of a damage report ("PIR") in accordance with aviation law. Airlines and XXX can refuse reimbursements on the basis of international agreements if the damage report has not been completed. In the event of damage to luggage, the notification of damage must be submitted within 7 days, in the event of delay within 21 days of delivery.

b) In addition, the loss, damage or misdirection of luggage must be reported immediately to XXX, his representative or his contact point or the travel agent. This does not release the traveler from reporting the damage to the airline in accordance with letter a) within the above deadlines.

10. Limitation of Liability

10.1. The contractual liability of XXX for damages that do not result from injury to life, limb or health and were not culpably caused is limited to three times the travel price [2] . Any further claims under the Montreal Convention or the Aviation Act remain unaffected by this limitation of liability.

10.2. XXX is not liable for service disruptions, personal injury or property damage in connection with services that are only brokered as third-party services (e.g. arranged excursions, sporting events, visits to the theater, exhibitions) if these services are expressly stated in the travel advertisement and the travel confirmation and stating the identity and address of the brokered contract partner were clearly marked as external services so that they are not recognizable to the traveler as part of the package tour of XXX and were selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected.

However, XXX is liable if and to the extent that the damage suffered by the traveler was caused by the breach of notification, clarification or organizational obligations on the part of XXX.

11. Assertion of claims, addressee

The customer / traveler has to assert claims according to § 651i Paragraph (3) No. 2, 4-7 BGB against XXX. The assertion can also be made through the travel agent if the package tour was booked through this travel agent. The contractual claims listed in § 651 i Para. (3) BGB expire after two years. The statute of limitations begins on the day on which the trip should end according to the contract. An assertion in text form is recommended.

12. Information on the identity of the operating air carrier

12.1. XXX informs the customer when booking in accordance with the EU regulation for informing passengers about the identity of the operating airline before or at the latest when booking about the identity of the operating airline (s) with regard to all air transport services to be provided in the context of the booked trip.

12.2. If the operating airline (s) has not yet been determined when booking, XXX is obliged to inform the customer of the airline or airlines that are likely to operate the flight. As soon as XXX knows which airline is operating the flight, XXX will inform the customer.

12.3. If the airline named to the customer as the operating airline changes, XXX will inform the customer of the change immediately and as quickly as possible with reasonable means.

12.4. The "Black List" (airlines that are prohibited from using the airspace above the member states), drawn up in accordance with the EC regulation, is available on the XXX website or directly via http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm can be called up and viewed in the offices of XXX.

13. Passport, Visa and Health Regulations

13.1. XXX will inform the customer / traveler about general passport and visa requirements as well as health formalities of the country of destination including the approximate deadlines for obtaining any necessary visas prior to the conclusion of the contract as well as any changes to them before the start of the journey.

13.2. The customer is responsible for procuring and carrying the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages that arise from non-compliance with these regulations, e. B. the payment of cancellation costs, are at the expense of the customer / traveler. This does not apply if XXX did not inform, inadequately or incorrectly.

13.3. XXX is not liable for the timely issuance and access of necessary visas by the respective diplomatic representation if the customer has commissioned XXX with the procurement, unless XXX has culpably violated its own obligations.

14. Special regulations in connection with pandemics (in particular the corona virus)

14.1. The parties agree that the agreed travel services are always provided by the respective service provider in compliance with and in accordance with the official requirements and requirements applicable at the time of travel.

14.2. The traveler agrees to observe appropriate usage regulations or restrictions of the service provider when using travel services and to notify the tour guide and the service provider immediately in the event of typical symptoms of illness. The driver of the bus is not the representative of XXX to receive reports and complaints.

15. Alternative dispute resolution; Choice of law and place of jurisdiction

15.1. With regard to the law on consumer dispute settlement, XXX points out that XXX does not participate in voluntary consumer dispute settlement. XXX refers to the European online dispute resolution platform for all travel contracts concluded in electronic legal transactionshttp://ec.europa.eu/consumers/odr/ down.

15.2. For customers / travelers who are not citizens of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the customer / traveler and XXX. Such customers / travelers can only sue XXX at their headquarters.

15.3. For lawsuits by XXX against customers or contractual partners of the package travel contract who are merchants, legal entities under public or private law or persons who have their domicile or habitual abode abroad, or whose domicile or habitual abode is unknown at the time the action is brought , the seat of XXX is agreed as the place of jurisdiction.

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Email: info@eggers-reisen.de