Dear Traveler, by means of clear contractual provisions we are guaranteeing an optimum travel experience for you. Our terms and conditions of travel listed here supplement the provisions of §§ 651 a through m German Civil Code of the package travel contract and the information obligations for tour operators. Said terms and conditions, insofar as effectively agreed, become substance of the travel contract between you – hereinafter „Applicant – and us, the Studienreisen Bock GmbH (SRB) company.
I. Booking the trip, Travel confirmation, Data protection
1. With the travel application (Reservation) – in writing, by e-mail or Internet – the Applicant is offering to conclude a travel contract on the basis of the travel offer and its terms and conditions with Studienreisen Bock GmbH. 2. The Applicant assumes full liability for the contractual obligations of other registered members of the travel group vis-à-vis SRB. One prerequisite for this is the signing of the declaration expressly directed to this end upon conclusion of the travel contract. 3. The data collected on the basis of the registration is specifically for the purpose of processing the trip and customer service.
II. Substance of the travel contract – Services
1. The substance of the travel contract arises from the reservation of the traveler and the confirmation of reservation of SRB. The travel contract includes the terms and conditions of travel, the specifications of services and other descriptions of the individual trips, unless otherwise expressly stipulated in the reservation and confirmation of reservation. 2. Modifications and Supplements to the services or the terms and conditions of travel require the written confirmation of SRB.
3. If SRB arranges only individual travel services expressly as an agent, e.g. flight only (NAC flights, flights at APEX or holiday rates, regular and connecting flights etc.), ferry transports, hotel stays for self-drivers, rental cars etc. or travel programs named third-party tour operators, the accomplishment of the travel contract and its contents are geared toward the respective conditions of the of the third-party contractor (service provider) of the traveler. The terms and conditions of the contract of these service providers are available upon request. 4. The first and last day of the booked trip is primarily for performance of the transportation services. III. Payment of the cost of the trip prior to starting the trip, Deposit
1. Without full payment of the cost of the trip members of the travel group have no claim to provision of the trip through SRB.
2. The members of the travel group are to pay a deposit of 20% of the price of the trip upon conclusion of the travel contract, rounded up EUR 5. Trips with charter flights require a deposit of 25% of the price of the trip.
3. The rest of the price of the trip is due 30 days prior to the start of the trip. In the case of reservations made within 14 days prior to the start of the trip the full price of the trip is due immediately.
4. SRB has the right, to decline services and demand compensation for non-fulfillment of the travel contract from members of the travel group if they are in default with the payment of the cost of the trip and if SRB gives notice of the denial of services to the members of the travel group in writing in advance setting an appropriate grace period in compliance with the statutory provisions (§326 German Civil Code).
5. Compensation for cancellation, processing and rebooking fees and insurance premiums fall due immediately. IV. Reconfirming return flights
The organization of the flight plan and compliance with said flight plan are essentially the responsibility of the airlines and the governmental coordination authorities. Short-term changes in flight times, the routing and the aircraft are sometimes unavoidable. Members of the travel group who have booked an extension die following a study tour are therefore obliged to inform themselves prior to the return flight about the exact time of the return flight either
at the SRB agency or directly at the airline and to get confirmation of the return flight. In other respects reference is made to this end to the explicit references in the travel documents. Any claims of the members of the travel group due to unacceptable changes in performance remain unaffected. V. Price changes
1. SRB has the right to increase the confirmed price of the trip for serious unforeseeable reasons, if unpredictably for SRB and after conclusion of the contract the following designated price components increase, e.g. foreign exchange rates; Transportation tariffs; taxes. However, price increases are only permissible, if the travel date is more than four months after conclusion of the contract.
2. If the travel contract concerns solely the performance of a transportation service, a price increase can also take place within four months, if the increase relates to prices to which Paragraph 99Abs. 1 and 2 of the German Act Against Restraints on Competition (ARC) is applicable (officially determined or approved transportation tariffs).
3. The price increases must stay within the scope of the changed circumstances. SRB is obligated to itemize and provide evidence of the reasons and extent of the price increases to the members of the travel group upon request.
4. SRB is to inform the members of the travel group about a potential price increase no later than four weeks before the start of the trip.
5. If the price of the trip increases by more than 5% the members of the travel group are entitled to withdraw from the contract without payment of compensation. The withdrawal must be declared without delay and in writing to SRB. VI. Withdrawal of the traveler before the start of the trip, Rebooking
1. In each case SRB is to be given written notification of the withdrawal. The reference date for calculating shall be the day SRB receives the declaration.
2. Upon the withdrawal of the member of the travel group from the travel contract prior to starting the trip (cancellation) SRB can claim the following lump sum cancellation compensation in place of the concrete cancellation of the withdrawal compensation: From 120 days to the 31st day before the start of the trip 20% From 30 days to the 22nd day before the start of the trip 30% From the 21st day to the 15th day before the start of the trip 50% From the 14th day before the start of the trip 75% on the day of departure or in the event of a noshow 90%
The following deadlines and cancellation costs apply for trips with charter flights: Up to the 31st day before the start of the trip 25% From 30 days to the 22nd day before the start of the trip 30% From the 21st day to the 15th day before the start of the trip 50% From the 14th day before the start of the trip 75% on the day of departure or in the event of a noshow 90% The cancellation compensation is calculated from the final price of the trip per registered member of the travel group. The reference date for calculation of the deadline is the date of the receipt of the written declaration of withdrawal. The lump sum cancellation compensation is determined in consideration of the customarily saved expenses and potential other use of the travel service. Members of the travel group are at liberty to provide evidence that only low damage or no damage at all has been incurred.
3. It should be noted that for certain types of flights, provided they are not combined with further travel services in a package travel contract, in particular for NAC-Flights, APEX and holiday flight tariffs on the basis of national or international provisions special withdrawal conditions exist. The withdrawal conditions listed in these terms and conditions, including the cancellation compensation, are not applicable for these flights, even if SRB is the organizer. The respective special conditions and deadlines are listed in the confirmation of reservation with the group leader.
4. Rebookings of the travel date, destination, accommodation or mode of transportation are in
principle only possible by withdrawal from the travel contract (cancellation) under the conditions named in Item 1 (cancellation compensation) and after a subsequent rebooking, if available. Rebookings, where only the place of departure changes, will be invoiced in return for the due rebooking fee of the respective, booked airline. One prerequisite for this the availability of the service. VII. Termination of the travel contract in the event of force majeure
If the trip is significantly hindered, endangered or impacted through force majeure, that was not foreseeable when the contract was concluded, both the members of the travel group as well as also SRB can terminate the travel contract. The members of the travel group are to direct their termination to SRB. SRB can declare the termination to the members of the travel group through its tour guide or local representative; said tour guide or local representatives are authorized to make the declaration of termination. The reciprocal rights and duties in the case of termination arise from the German Travel Contract Law (see Item XXI of these terms and conditions of travel). VIII. Withdrawal, Termination of the Tour Operator due to Special Circumstances
1. If a minimum number of members of the travel group has been specified in the travel offer or in other documents that are subject matter of the contract, SRB can withdraw from the travel contract up to 30 days prior to starting the trip, in case the minimum number of members of the travel group is not reached. If SRB arranges only a trip or a trip service of another organizer and this is clearly emphasized in the travel offer and in the travel contract, the other tour operator can exercise the right to withdrawal in the same manner.
2. SRB can terminate the travel contract for cause prior to starting the trip and also during the trip at any time in compliance with the provisions of Paragraph 643 German Civil Code. Tour guides or local representatives of SRB are authorized to make the Declaration of termination. A cause can in particular be given when the previously announced special travel requirements are not satisfactory to members of the travel group or when through behavior the trip is disrupted or endangered even if the participant was warned and no change has taken place. In the case of this termination SRB retains the right to the price of the trip, but must take into account the value of the expenses saved as well as those advantages that arise from other use of the services that were not utilized, including contributions rendered by the service agencies. If the cause is not the responsibility of the member of the travel group, in corresponding application of Paragraph 645 Section 1, German Civil Code SRB has a right to partial remuneration corresponding to the rendered services and reimbursement of the expenses not covered in the reimbursement. IX. Change in the person using the travel service
1. Until the date of departure the member of the travel group authorize a third party to take his/her place in the trip. SRB can refuse to allow the third party to participate if said third party does not comply with the special travel requirement or if said third party’s participation would be in breach of applicable laws or regulations. Therefore the member of the travel group is obligated upon the request of SRB to provide the necessary information about the third party without delay so that the requirements for the change in the person using the travel service can be examined. In this case SRB does not have to accept the third party as a member of the travel group until the information has been provided.
2. The original member of the travel group shall bear the additional costs involved in the change in the person using the travel service. X. Insurance policies
1. The price of the trip does not include insurance policies for single travelers. Above all, the member of the travel group is not insured against the cancellation compensation governed by Item VII Par. 1. In the case of group tours travel cancellation insurance can be included upon request.
2. Therefore, SRB strongly recommends booking the following insurance policies: travel cancellation insurance as well as traveler’s luggage insurance, traveler’s accident insurance, traveler’s third party liability insurance, travel health insurance and ambulance flight from abroad. In
particular we recommend getting traveler’s luggage insurance and traveler’s accident insurance with respect to the limitation of liability stipulated by SRB in Item XIV Par. 3 of these terms and conditions of travel.
3. Please note that all insurance policies, such as travel cancellation insurance, premature termination insurance etc. can only be entered into when the trip is booked and cannot be refunded in the event of cancellation of the trip.
XI. Seasonal periods, Hotel and Room Categories, Prices
Seasonal periods established by SRB can deviate from those of the destinations or other travel catalogs. They are determined essentially by the occupancy rate of the individual trip. The price groups and hotel categories are – provided there is no official categorization – specified by SRB and are not necessarily in conformity with the categories in local brochures, hotel guides and other travel brochures. Likewise the prices of the additional weeks also include flight adjustment surcharges and other pro rata costs. XII. Contractual obligations of SRB
SRB is to render is services with the diligence of a prudent businessman. SRB owes the members of the travel group in particular 1. the conscientious preparation of the trips; 2. the careful selection and supervision of the service agencies; 3. the accuracy of the specifications of services; 4. the proper performance of the contractually stipulated travel services, provided SRB itself is the tour operator or service provider on its own behalf. For the case that SRB is only the broker of travel services, reference is made to Item XV. of the terms and conditions of travel. XIII. Limitation of liabilities of the tour operator
1. If there are legal regulations applicable for a service to be rendered by a service agency according to which a claim for damages can only be asserted under certain conditions or restrictions, SRB can likewise invoke them vis-a-vis the member of the travel group. If SRB assumes a position equivalent to a contractual air carrier, SRB is liable insofar solely under the provisions of the international agreement, in particular of the agreements of Warsaw and Guadalajara along with the actual air carrier (Airline). These agreements provide for liability limitations. If SRB assumes the position of a carrier for cruises, the liability of SRB is regulated in accordance with the provisions of the Commercial Code and of the Inland Waterways Act.
2. SRB limits its liability for damages that are not physical injuries to three times the price of the trip. 1a. provided the damage of the traveler is caused neither wilfully nor due to gross negligence, or 2a. provided SRB is responsible for damage incurred by the traveler solely due to the fault of a service agency. If international treaties are applicable for a travel service to be rendered by a service agency or if legal regulations based on such international treaties, according to which a claim for damages arises or can be asserted only under certain conditions or restrictions or is excluded under certain conditions, SRB invokes these toward the traveler. XIV. Liability in the brokering of third-part services
1. If SRB is only the broker of third-party services (see Item II, Abs. 3 of these terms and conditions of travel), then SRB is only liable for the proper arrangement of the service and not for the provision of the service itself.
2. Excursions, guided tours, sporting events and other special events insofar as they are expressly referred to as third-party services of third-party service agencies, are only brokered by the local tour guides and representatives. In particular the excursions and other events that are referred to as “opportunity or optional” mentioned in the detailed itineraries are solely the services of third-party service agencies.
3. Information about brokered services of thirdparty service agencies is based solely information they have given SRB; it does not constitute a warranty on the part of SRB toward the member of the travel group. XV. Warranty
1. If the trip is not provided as agreed in the contract, the member of the travel group can demand redress. SRB can refuse the redress, if it requires unreasonable expense. SRB can also
provide redress by rendering an equal or highervalue compensation. The member of the travel group can turn down the compensation if it would be unreasonable for him/her to accept it. 2. For the duration of a non-contractual provision of the travel service by SRB the member of the travel group can demand a corresponding reduction of the price of the trip (Mitigation). The price of the trip is to be reduced in proportion to what the value of the trip would have been in a state free of defects at the time of reservation in comparison to the actual value. There is no claim for mitigation if the member of the travel group culpably neglects to notify SRB of the defect. 3. If the trip is substantially impaired as a consequence of a defect and SRB does not offer redress within a reasonable time period, the traveler can terminate the travel contract within the scope of the legal provisions – in his own interest and for the reason of securing evidence advisably by written declaration. The same applies if the traveler cannot be expected to participate in the trip as a consequence of a defect for good cause that is perceptible for the tour operator. The determination of a time limit for the redress is required unless redress is impossible or refused by SRB or if immediate termination of the contract is justified by a special interest of the member of the travel group. The member of the travel group owes SRB the price of the services made use of provided these services were of interest to him/her. 4. If SRB is responsible for a circumstance that results in a defect of the trip, the member of the travel group can demand compensation. It is additionally pointed out that there are legal consequences of contributory negligence of the traveler when damage occurs and the member of the travel group fails to inform SRB of the risk of exceptional damage or fails to prevent and mitigate the damage (Paragraph 254 German Civil Code). XVI. Notifications of defects, Demands for redress
Notifications of defects and demands for redress are to be directed to the tour guide or the representative of SRB in the travel region designated in the travel documents. Tour guides or representatives are authorized to provide redress if this is possible and necessary. However, they are not authorized to allow claims against SRB. XVII. Loss and Damage to Luggage
Loss of or damage to luggage as well as late arrivals are to be reported to the transportation company without delay. The transportation company is required to issue a written confirmation (in the case of international air travel referred to as P.I.R.=Property Irregularity Report). Without due notification there is a risk of loss of claim. For flight luggage reference is made to Article 26 of the Warsaw Convention with the various terms of preclusion contained therein. XIII: Passport, visa, foreign currency and health provisions 1. The disclosure of the above provisions to the traveler when booking a trip or a travel service reflects the situation at the time of the reservation. The assumption is that the traveler is a citizen of the Federal Republic of Germany and that there are no special circumstances. Such personal circumstances cannot be taken into consideration if the traveler has not explicitly communicated said circumstances when making the reservation. 2. It should be clearly noted that the possibility of a change in these provisions by the government authorities. SRB will make every effort, within the scope of its abilities, to inform the members of the travel group about any changes. Members of the travel group are however encouraged to follow the news media themselves for news about suddenly occurring changes in conditions in the travel destination in order to be able to adjust to the changed circumstances in good time. 3. If difficulties arise for the traveler due to the mentioned regulations that prevent or negatively impact his or her participation in the trip, said traveler is not entitled to withdraw from the travel contract free of charge because of said regulations. The prerequisite is that SRB is ready and able to provide the service and the mentioned difficulties are not the fault of SRB. Reciprocal claims in the event of negligent conduct remain unaffected, unless the liability limitations do not intervene in these terms and conditions of travel.
XIX. Filing claims, Term of preclusion, Statute of limitations 1. Contractual claims due to full or partial nonperformance or improper performance of travel services as well as contractual claims that are based on obvious defects in the performance of other services of SRB or of the arrangement of third-party services, must be asserted by members of the travel group within one month after the contractually agreed end of the trip. This time limit is also stipulated for the assertion of contractual claims of the member of the travel group due to termination of the travel contract because of defects or in the event of force majeure. The date the complaint was received is authoritative for the keeping the deadline. After expiration of the deadline the traveler can only assert claims if he was prevented from meeting the deadline through no fault of his own. Tour leaders or representatives of SRB in the in the vacation area are not entitled nor authorized to recognize claims, in particular claims for mitigation of the price of the trip or for damages which will affect SRB. 2. The claims of the member of the travel group designated in Item 1 expire in 6 months. The statute of limitations begins with the day the trip is supposed to end according to the contract. If the traveler asserted such claims then the statute of limitations is delayed until SRB or its liability insurance policy has rejected the claims in writing. XX. Non-assignment clause
The assignment of claims of members of the travel group against SRB to Third Parties is excluded. The non-assignment clause relates to all claims from the travel contract and in conjunction with this also claims from tort or unjustified enrichment. Likewise the judicial assertion of the aforementioned claims of members of the travel group by Third Parties on their own behalf is impermissible. XXI. Place of jurisdiction
The place of jurisdiction is Schweinfurt.
The invalidity of individual provisions of the travel contract including these terms and conditions of travel does not result in the invalidity of the entire travel contract. In addition, in particular the provisions of the German Travel Contract Law, published in the Federal Law Gazette Part I./1979, Page 509ff, as well as in the German Civil Code under Paragraphs 651 a through m shall apply unless SRB is only the broker of individual travel services or travel programs of third-party tour operators. XXIII. Tour Operator Bankruptcy Insurance
Since 11/01/1994 all groups booked at SRB have been insured for the entire amount of the price of the trip paid prior to starting the trip. A secured payment certificate from R + V Versicherung [R + V Insurance] is issued for each booking. Liability in the event of aviation accidentsI. General
In the case of international, i.e. border crossing air transport the air carrier is liable (this can be an airline, however also for example a tour operator!) in principle under the Warsaw Convention (WA). [For liability in national flights see below under 3. Accordingly, an air carrier is liable for the damage that occurs if a passenger is killed, physically injured or otherwise suffers damage to his/her health if the accident caused by the damage took place on board of an airplane or when boarding or deplaning (17 WA); said air carrier is additionally liable for damages caused by the destruction, loss or damage of checked luggage (Art. 18 WA). Depending on the flight route, the Warsaw Convention is applicable in various variants which limit the liability of the air carrier in respective different amount (Art. 22 WA), to be precise. Liability for WA / Original version from 1929 WA/ Hague Protocol 1955 Personal damages 13,677 EUR/ 27,354 EUR
Studienreisen Bock GmbH Dingolshäuser Str. 15 97447 Gerolzhofen Telefon: 09382-99850 Telefax: 09382-99855 e-mail: firstname.lastname@example.org www.studienreisen-bock.de