General Terms and Conditions
1 Conclusion of the contract
By registering , the customer offers Unique & Exotic Dive Travel GmbH, Alteburger Strasse 284 , Cologne, Germany 50968 - hereinafter called Tour Operator - the conclusion of a binding travel contract.
Registration can be in writing , be made orally or by other remote means of communication. It is carried out by the applicant in the application for all participants listed , for whose contractual obligation of the applicant as for his own obligations, unless he has taken on a separate obligation by express and separate declaration . The contract is concluded with the adoption by the tour operator .
Acceptance requires no specific form. The confirmation is available to the customers in the travel agency available, or will be sent to him directly . Deviates from the content of the confirmation of the contents of the application, there is a new listing of the tour operator , to which it is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the traveler declares his acceptance to the tour operator within the commitment period .
With conclusion of the contract , a deposit will be charged. Other payments will be due on the agreed dates or upon delivery or receipt of travel documents, where the journey can not be canceled on the grounds mentioned in § 7 . The remaining holiday balance is due 30 days prior to the contractually agreed tour start, if it is established that your trip - is carried out - as booked . Order to protect customer funds , the organizer has taken out insurance insolvency . The insurance certificate will be sent to you with the travel confirmation / invoice.
2.1 For bookings made through a travel agent following payment terms apply : The travel agency is not entitled to receive payments of the customer for bookings with Unique & Exotic Dive Travel GmbH. Payment can be made in the following ways : Transfer directly on receipt of invoice to Unique & Exotic Dive Travel GmbH payment by credit card ( MasterCard or VISA)
2.2 . When booking completion Unique & Exotic Dive Travel GmbH must be informed of the method of payment (bank transfer or credit card incl details) . A subsequent amendment to the payment or mixed payment ( fees + credit card) is not possible. If you pay via credit card we will charge a service fee of 10 per transaction - € .
2.3 The travel documents will be handed to the customer upon receipt of full payment to Unique & Exotic Dive Travel GmbH. The documents are to be sent to your travel agent or directly , we ship with Deutsche Post , unless you specifically want another dispatch .
2.4 If the customer delays the payment of the price partly or fully in default , the tour operator is entitled to a warning and a deadline to withdraw from the contract and to claim damages in accordance with § 5 .
2.5 Unique & Exotic Dive Travel GmbH is at liberty to terminate the agreement if the agreed payment amount is not paid in full , even after notice of default or the travel price until departure. Unique & Exotic Dive Travel GmbH can demand compensation as the appropriate cancellation charges .
What services are contracted , resulting from the performance specifications in the brochure and the participating reference thereto , or the supplemental or amended entries in the travel confirmation . The information contained in the prospectus applicable at the time the contract is binding on the tour operator . However, the tour operator reserves the right to declare before the conclusion legitimate performance and price changes , of which the traveler is of course informed . A pre-contractual price adjustment may be necessary in particular for the following reasons :
1 due to an increase in transportation costs , costs for certain services such as port or airport fees , or a change in applicable to the holiday concerned exchange rates after the publication of the prospectus .
2 if desired by the customer and published in the prospectus package tour is only available through the purchase of additional quotas after publication of the prospectus .
Different services , such as from other flyers of the service providers , as well as special requests , change the scope of the proposed services are only binding if they are confirmed by the tour operator in writing. Individual foreign services of other companies that are not part of a package and are expressly taught in the name , such as Flight only , car hire, excursions , sports and other events , are no separate services of the tour operator .
4 Service and Price changes
4.1 Changes or deviations of individual travel services from the agreed content of the travel contract , which become necessary after conclusion of the contract and which have not been brought about by the tour operator in good faith , are only permitted if the changes or modifications are not substantial and do not affect the overall form of the tour .
4.2 Any warranty claims remain unaffected insofar as the altered services are flawed.
4.3 The tour operator is obliged to inform the customer of any changes or deviations immediately . In the case of a subsequent , significant change in essential travel service, the customer is entitled to withdraw from the contract or to request to join an equivalent tour , if the tour operator may offer such a package without additional cost from its range . If necessary, the customer is offered a free transfer.
4.4 The tour operator reserves the right to change the advertised and confirmed the reservation prices in the case of increasing the transportation costs or charges for certain services , such as to change the port or airport fees or a change for such travel applicable exchange rates as follows , unless a contract and departure are more than 4 months and leading to changes in circumstances when concluding the contract neither occurred nor were predictable for the tour operator . Increase the existing at the conclusion of the travel contract transport costs , especially fuel costs, the tour operator can increase the tour price in accordance with the following calculation :
a) In a related to the raised seat of the tour operator may require the passenger the amount of increase .
b ) In other cases, the transportation enterprise per means of transport required , additional transportation costs are divided by the number of seats on the means of transport . The so devoted increasing amount for the single user can require the passenger , the tour operator . If the existing at the conclusion of the travel contract charges such as port or airport charges against us increases , the travel price may be increased by the appropriate proportionate amount. With a change in exchange rates after conclusion of the contract the tour price may be increased to the extent to which the journey become more expensive for the tour operators.
4.5 In the event of a subsequent change of the price of the tour operator has the traveler immediately , but not later than 21 days prior to arrival to set thereof. Price increases after this date are not allowed . If the price increases by more than 5 % of the traveler is entitled to no fees to withdraw from the contract or to demand participation in an equivalent hotel , if the tour operator is able to offer such a tour without additional cost to the traveler from his offer . The traveler has to make this right immediately after the declaration of the tour operator about the price increase or change the travel services that compared to writing.
5 Cancellation by the customer , transfers, replacement people
5.1 The Customer may withdraw at any time prior to departure of the trip. The date of receipt of the cancellation with the tour operator . The customer is advised to declare the withdrawal in writing. If the customer withdraws from the contract or it does not occur on this trip , the tour operator may require compensation for the travel arrangements and for his expenses. In calculating the services saved and the possible other use of travel services to consider. The tour operator may claim a lump sum this replacement subject to the following breakdown near the time of withdrawal to the date and departure date into a percentage of the tour price :
I. Flight Vacation Packages with demand airlines (charter) :
Up to 30 Days before departure 20 % per person , but at least € 25
From 29 to 22 Days before departure 30 % per person
As of 21 to 15 Days before departure 50 % per person
From 14 to 8 Days before departure 60 % per person
From 7th up to 4 Days before departure 70 % per person
From the 3rd Day before travel or the non-commencement 90 % per person
II cancellation fees for own travel and individual travel components
Up to 30 Days before departure 20 % per person , but at least € 25
From 29 to 15 Days before departure 45% per person
From 14 to 7 Days before departure 70 % per person
From 6 Day before travel or the non-commencement 90 % per person
III . Discounted Offers
Up to 30 Days before departure 50 % per person , but at least € 25
From 29 to 15 Days before departure 60 % per person
From 14 to 7 Days before departure 75 % per person
From 6 Day before - od . No show 90 % per person
Other trip types are treated as regards withdrawal sequences corresponding to the developed in these Booking Conditions principles. Especially for Liveaboards , tours, personally created tours and certain scheduled flights derogation from the above fees increased cancelation conditions up to 100% ! In these cases, special cancellation conditions can be taken as a basis , to be provided separately known before completion . Please refer to the instructions in the itinerary and tour confirmation .
5.2 Change in the name, travel date, the destination, the place of departure , accommodation or mode of transportation can be made as a rule only after withdrawal from the travel contract under the provisions in § 5 with simultaneous registration . For otherwise , minor changes , we charge a processing fee of 25 € per person (subject to change not possible when traveling with flights to today's prices).
5.3 Until the start of the journey (taking into account the time necessary for the organization of the period) , the traveler may demand that his place a third party enters into the rights and obligations arising from the travel contract . The tour operator may object to the entry of the third party , if this the special travel requirements (these depend to some extent even after the relevant provisions of our service providers ) is not sufficient or preclude his participation in statutory provisions or administrative requirements. If a third party enters into the contract , so stick it and the traveler ( the applicant) to the tour operator and severally liable for the travel price and by the entry of the third additional costs incurred.
5.4 In case of cancellation of tour operators may require the customer the actual additional costs. In any case, it remains the customer is at liberty to prove that the tour operator no or lower costs incurred in connection with the resignation .
6 Unused services
If the traveler travel services due to early return or for other compelling reasons not to complete, then the tour operator will endeavor at the service providers for reimbursement of expenses saved . This obligation does not apply if the services are totally insignificant or if a refund can not be made possible .
7 Cancellation by the tour operator
The tour operator may resign in the following cases before the voyage from the contract or cancel the contract after commencement of travel :
7.1 Without notice . If the traveler interferes with the execution of the journey despite a warning by the tour operator sustainable or if he violates the contract to such an extent that the immediate cancellation of the contract is justified. If the tour operator, it shall retain the right to the tour price , he must, however, leave the value of the saved expenses and benefits arising for which he obtains from any other use of unclaimed benefits, including him well accommodated by the service providers amounts.
7.2 up to 2 weeks prior to departure . Failure to achieve an advertised or officially specified minimum number , if it is pointed in the tour for the corresponding travel on a minimum number of participants . In any case, the tour operator is obliged to notify the Customer as soon as the condition for the non-implementation of travel thereof , and to send him the notice of withdrawal immediately. The customer receives the monies paid back immediately. If it becomes apparent at an earlier time that the minimum number of participants can not be reached , the tour operator has to inform the customer thereof.
8 Cancellation of the contract due to exceptional circumstances
If the trip is due not foreseeable upon conclusion of contract force majeure substantially impeded, endangered or impaired as both the tour operator and the traveler may terminate the contract . If the contract is canceled, the tour operator may charge a reasonable compensation for the services already rendered or to end the trip still to be provided travel services.
Furthermore, the tour operator is obliged to take the necessary measures, in particular , if the contract includes return transport to repatriate the traveler. The additional cost of repatriation shall collect from the parties each pay half . Moreover, the additional costs are the traveler .
9 Liability of the tour operator
The tour operator is liable under the duty of care of a prudent businessman for:
1 the conscientious travel preparations ;
2 the careful selection and monitoring of service providers ;
3 the correct description of all listed in the catalogs travel services if the agency does not Paragraph 3 declares, in accordance with pre-contractual an amendment to the prospectus ;
4 the proper provision of travel services agreed .
The tour operator is liable in accordance with No. 11 for the fault of the person entrusted with the performance .
10.1 Remedy Is not the journey provided the contract, then the traveler may demand redress . The tour operator may refuse the remedy , if it requires a disproportionate effort. The tour operator can also create in the manner remedy that he is providing an equivalent alternative .
10.2 Reduction of the travel price for the duration of a non-conforming provision of travel , the traveler an appropriate reduction of the price (reduction) . The tour price shall be reduced in the proportion which would have been where the time of sale , the value of the trip free of defects to the true value . The reduction does not apply to the extent it culpably omits the traveler to report the defect .
10.3 Termination of the contract be substantially affected as a trip due to a defect and the tour operator within a reasonable time does not help, then the traveler under the statutory provisions can the travel contract - expedient by a written declaration in his own interest and for preservation of evidence - notice. The same applies if the traveler the trip due to deficiencies , the tour operator apparent reason can not be expected . A deadline for redress not only need it if remedy is impossible or is refused by the tour operator or if the immediate termination of the contract by a special interest of the traveler is justified. The traveler owes the tour organizer to entfallenen on the services utilized part of the tour price .
The traveler may demand without prejudice to the reduction or termination of damages for non-performance , unless the lack of travel is based on a circumstance for which the tour operator is not responsible .
11 Limitation of Liability
11.1 The contractual liability of the tour operator for damages other than personal injury is limited to three times the tour price, provided that the damage traveler was caused intentionally or through gross negligence or if the tour operator for the traveler damages incurred due to the fault of a service provider responsible is .
11.2 Claims for damages by the customer against the tour operator or tort, are not based on intent or gross negligence , the liability of the tour operator for property damage per customer and travel to the amount of three times the price of the holiday . The customer is advised in this regard in your own interest to take out travel accident and baggage insurance. Point 11.4 shall not be affected , even if the liability goes there via the above limitation .
11.3 A claim for damages against the tour operator is restricted or excluded insofar as under international conventions or based on such statutory provisions apply to a service provider services to be provided , a claim for damages against the service provider only under certain conditions or restrictions asserted can be or is excluded under certain conditions.
11.4 If the tour organizer to the position of a contractual air carrier , such liability is governed by the provisions of the Civil Aviation Act in conjunction with the International Convention of Warsaw , The Hague, Guadalajara and the Montreal Agreement . These agreements usually limit the liability of air carriers for death or bodily injury, loss or damage of luggage. If the tour operators in other cases, service providers , it adheres to the rules on these provisions. If the tour organizer for boat journeys the position equivalent to a shipowner to , then the liability shall be regulated in accordance with the provisions of the Commercial Code and the Inland Waterways Act.
11.5 The society is not responsible for disturbances in connection with services , which are only obtained as external services (eg sports events, theater performances , exhibitions, etc. ) and which are expressly identified in the journey as external services . For foreign services of other companies that are not part of a package and are expressly taught in the name (such as flights, car hire, excursions , sports and cultural events, etc. ) , the tour operator is liable only as an intermediary. Liability for placement error is limited according to the above mentioned under 11.1 to 11.4 principles.
12 duty to Cooperate
The traveler is obliged to cooperate in impairment of performance in the context of the legal provisions to avoid possible damage or to minimize them . The traveler is obliged to immediately report complaints to the local tour guide noted. The absence of a local tour guide , defect reports and demand for relief to the tour operator should be addressed to its registered office. Any failure of the traveler culpably to notify a defect , a claim for reduction or compensation does not .
13 Exclusion of claims and limitation
Claims for non -conforming provision of travel has Adalbertstr within one month of the contractual end of the trip against the tour operator Marine GmbH Expeditions.Com the traveler . 8a , 80799 Munich to claim it. After the deadline , the traveler can claim if he is been prevented from meeting the deadline . Contractual claims of the traveler according to § 651c -f BGB with the exception of those claims that have a body or sought compensation for damage to health due to a reason attributable to the tour operator defect or based on gross negligence of the tour operator or his agents , expire in 12 months. The period begins with the day on which the journey should end according to the contract . Has the traveler made such claims, the limitation period is suspended until the date on which the tour operator or its liability insurer rejects the claim in writing. Other claims are subject to the statutory limitation periods .
14 Passport, visa and health regulations
The tour operator is responsible for ensuring , to inform citizens of the state in which the tour is offered about passport , visa and health regulations as well as any changes prior to departure. Citizens of other countries contact the relevant consulate information . The society is not responsible for the timely issue and the necessary visas from the respective diplomatic representation , even if the traveler has asked the tour operator with the procurement , unless the tour operator is responsible for the delay . The traveler is responsible for compliance with all regulations for the provision of travel itself . All disadvantages, in particular the payment of cancellation fees, that arise from non-compliance with these regulations shall at his expense, except if they are caused by a culpable wrong or failure to inform the tour operator.
15 Obligation to provide information as to the identity of the operating air carrier
According to the EU Regulation 2111/2005 , the tour operator is obliged to inform the customer when booking on the identity of the operating carrier of the deliverables associated with the booked trip air transportation services . Not yet decided the operating airline , is the probable first airline to call and the customer be informed accordingly , as soon as the operating airline is established. When changing the operating carrier , the tour operator has to inform the customer without delay.
The information about the operating airline for the purposes of EC Regulation 2111/2005 does not establish a contractual entitlement to the implementation of air transport with the mentioned airlines and are not assurances , unless an assurance is derived from the travel contract . Insofar as it has been contractually agreed in a permissible way , the organizer is a change of airline reserved. Published by the European Commission on the basis of EC Regulation 2111/2005 " Community list " unsafe airlines is on the website of the tour operator or http://ec.europa.eu/transpot/air-ban/list_de . htm ( the local link to the current list to follow) available and will be sent to you upon request before booking.
16 Ineffectiveness of individual provisions
The invalidity of individual provisions of the contract does not invalidate the entire travel contract .
Contractual and legal relationships between the tour operator and the traveler are governed by German law. The traveler can sue the tour operator at its registered office. In proceedings of the tour operator against the traveler, the residence of the traveler shall prevail , unless the suit is directed against entrepreneurs or persons who have transferred their residence or habitual residence abroad after conclusion of the contract , or whose domicile or habitual residence at the time the action is not known. In these cases, the seat of the tour operator is decisive.