Dear guests, the following provisions, insofar as they have been effectively agreed, are the content of the travel contract to be concluded between the customer and InBerlinReisen, owner Stephan Dürre, hereinafter referred to as “IBR”. They supplement the legal provisions of §§ 651a – m BGB (Civil Code) and the information regulations for tour operators according to §§ 4 – 11 BGB-InfoV (Ordinance on Information and Evidence Obligations under Civil Law) and fill them out:
1. Conclusion of the travel contract
1.1. With the booking (travel registration) the customer offers IBR the conclusion of the travel contract. This offer is based on the travel advertisement and the additional information from IBR for the respective trip, insofar as this is available to the customer.
1.2. Service providers (e.g. hotels, transport companies) are not authorized by IBR to make agreements, provide information or make assurances that change the agreed content of the travel contract, go beyond the contractually agreed services of IBR or contradict the travel advertisement.
1.3. Local and hotel brochures that are not published by IBR are not binding for IBR and its obligation to perform, unless they have been made the subject of the travel advertisement or the content of IBR’s obligation to perform by express agreement with the traveler.
1.4. The booking can be made verbally, in writing, by telephone, by fax or electronically (email, internet). In the case of electronic bookings, IBR will immediately confirm receipt of the booking electronically.
1.5. The customer is responsible for all contractual obligations of fellow travelers for whom he makes the booking, as for his own, provided that he has assumed this obligation by express and separate declaration.
1.6. The contract comes into effect upon receipt of the IBR declaration of acceptance. It requires no specific form. Upon or immediately after conclusion of the contract, IBR will send the customer a written travel confirmation. IBR is not obliged to do this if the booking is made by the customer less than 7 working days before the start of the trip.
1.7. If the content of the IBR declaration of acceptance differs from the content of the booking, there is a new offer from IBR to which IBR is bound for a period of ten days. The contract is concluded on the basis of this new offer if the customer declares acceptance within the binding period IBR by express declaration, down payment or final payment.
2.1. After conclusion of the contract, a deposit of 20% of the travel price is due upon delivery of the security certificate in accordance with § 651 r BGB. The remaining payment is due 4 weeks 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 7. When booking a ship, a deposit of 50% of the agreed amount is due upon conclusion of the contract, the remaining amount is due 4 weeks before the charter date.
2.2. Insofar as IBR is ready and able to provide the contractual travel services and there is no statutory or contractual right of retention on the part of the customer, there is no entitlement to claiming the travel services or handing over the travel documents without full payment of the travel price.
2.3. If the customer does not make the down payment and / or the remaining payment in accordance with the agreed due dates, IBR is entitled to withdraw from the travel contract after issuing a warning and to charge the customer with cancellation costs in accordance with Section 4.
3. Price increase
IBR reserves the right to change the price agreed in the travel contract in the event of an increase in transportation costs or charges for certain services such as port or airport fees or a change in the exchange rates applicable to the relevant trip as follows.
3.1. If the transport costs, especially the fuel costs, that exist when the travel contract is concluded, IBR can increase the travel price in accordance with the following calculation:
a) In the event of an increase related to the seat, IBR can demand the increase amount from the customer.
b) Otherwise, the additional transportation costs required by the carrier for each means of transportation are divided by the number of seats of the agreed means of transportation. IBR can request the resulting amount for the single seat from the customer.
3.2. If the existing taxes such as port or airport fees towards IBR are increased when the travel contract is concluded, the travel price can be increased by the corresponding proportionate amount.
3.3. If the exchange rates change after the conclusion of the travel contract, the travel price can be increased to the extent that the travel has become more expensive for IBR.
3.4. An increase in accordance with sections 3.1 to 3.3 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 had not yet occurred before the conclusion of the contract and were not foreseeable for IBR when the contract was concluded.
3.5. In the event of a subsequent change in the travel price, IBR must inform the customer immediately after becoming aware of the reason for the change. Price increases are only permitted up to the 21st day at the customer. In the event of price increases of more than 5%, the customer is entitled to withdraw from the travel contract without charges or to request participation in an at least equivalent trip if IBR is able to offer such a trip from its offer at no additional cost to the customer. The customer must assert the aforementioned rights immediately after notification by IBR of the price increase.
4. Cancellation by the customer before the start of the trip / cancellation costs
4.1. The customer can withdraw from the trip at any time before the start of the trip. The withdrawal must be declared to IBR at the address given below. The customer is recommended to declare the cancellation in writing.
4.2. If the customer withdraws before the start of the trip or does not start the trip, IBR loses the right to the travel price. Instead, IBR can, if the cancellation is not for her or a case of force majeure, demand adequate compensation for the travel arrangements made up to the cancellation and their expenses depending on the respective travel price.
4.3. IBR has staggered this right to compensation, i. H. taking into account the proximity of the time of cancellation to the contractually agreed start of travel, a flat rate as a percentage of the travel price and taking into account the usually saved expenses and usually possible other uses of the travel services when calculating the compensation. The compensation will be calculated as follows after receipt of the customer’s declaration of withdrawal:
up to 60 days before departure 10%
up to 30 days before departure 50%
up to 03 days before departure 80%
2nd day before arrival until the day of arrival 90%
4.4. The cancellation costs for theater and musical tickets as well as booked tours are 100% of the ticket price.
4.5. In any case, the customer is free to prove that IBR has suffered no damage at all or that it has suffered significantly less damage than the lump sum requested.
4.6. IBR reserves the right to request a higher, specific compensation in deviation from the above flat rates. In this case, IBR is obliged to quantify and substantiate the required compensation, taking into account the saved expenses and any other use of the travel services.
5.1. After conclusion of the contract, the customer is not entitled to changes in the travel date, the travel destination, the place of departure, the accommodation or the mode of transport (rebooking). If a rebooking is possible and is carried out at the customer’s request, IBR can charge a rebooking fee of € 25 per customer up to the time of the first cancellation level mentioned in the cancellation costs.
5.2. If the customer is able to carry out rebooking requests that are made later, this can only be carried out after cancellation of the travel contract in accordance with Section 4 under the conditions specified there and simultaneous new registration. This does not apply to rebooking requests that cause only minor costs.
6. Service not used
If the customer does not take advantage of individual travel services that were properly offered to him for reasons that are attributable to him (e.g. due to early return or for other compelling reasons), he is not entitled to a partial reimbursement of the travel price. IBR will endeavor to reimburse the expenses saved by the service providers. This obligation does not apply if the services are completely insignificant or if there are legal or official provisions opposing reimbursement.
7. Withdrawal due to failure to reach the minimum number of participants
If a minimum number of participants is not reached, IBR can withdraw in accordance with the following regulations:
a) The minimum number of participants and the latest time of withdrawal by IBR must be specified in the specific travel advertisement or, in the case of uniform regulations for all trips or certain types of trips, in a general catalog reference or a general service description
b) IBR must state the minimum number of participants and the latest withdrawal period in the booking confirmation or refer to the relevant brochure details
c) IBR is obliged to immediately notify the traveler of the cancellation of the trip if it is certain that the trip will not be carried out due to the minimum number of participants not being reached.
d) Cancellation by IBR later than 4 weeks before the start of the trip is not permitted.
e) In the event of a cancellation, the customer can request to take part in another trip that is at least equivalent if IBR is able to offer such a trip from its offer at no additional cost to the customer. The customer must assert this right immediately after the declaration of cancellation by IBR.
f) If the trip is not carried out for this reason, the customer will immediately be refunded payments made on the travel price.
8. Termination for behavioral reasons
IBR can terminate the travel contract without observing a deadline if the customer causes a lasting disruption despite a warning from IBR or if he behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If IBR cancels, it retains the right to the travel price; however, it must have the value of the saved expenses and the advantages which it derives from a different use of the unused service, including the amounts that the service providers have brought to it, taken into account.
9. Customer obligations
9.1. The obligation to notify defects arising from Section 651 d (2) of the German Civil Code (BGB) is specified as follows when traveling with IBR: a) The traveler is obliged to notify the local representative of IBR (travel agency, agency) and to remedy the defects immediately.
b) The traveler will be informed of the person, the accessibility and the communication data of the IBR agency at the latest when the travel documents are sent.
c) If, according to the contractual agreements, a local representation or tour guide is not owed, the traveler is obliged to report defects immediately to IBR at the address given below.
d) Claims of the traveler do not lapse only if the complaint incumbent on the traveler is omitted through no fault of his own.
9.2. Tour guides, agencies and employees of service providers are not authorized and not authorized by IBR to confirm defects or to recognize claims against IBR.
9.3. If the trip is significantly impaired due to a lack of travel, the traveler can terminate the contract. The same applies if the trip cannot be expected due to such a defect for an important, recognizable reason. Termination is only permissible if IBR or, if available and contractually agreed as a contact person, its representatives (tour guide, agency) have allowed a reasonable period of time set by the traveler to elapse without remedial action. There is no need to set a deadline if the remedy is impossible or is refused by IBR or its agents or if the immediate termination of the contract is justified by a special interest of the traveler.
9.4. Further obligations and information for the traveler:
a) Loss of baggage and delayed baggage
Damages or delays in delivery for air travel are to be reported by the traveler to the responsible airline immediately on the spot using a damage report (P.I.R.). Airlines can refuse reimbursement if the claim has not been completed. The damage report is to be made within 7 days in the event of baggage loss, or within 21 days of delivery if it is delayed. In addition, the loss, damage or misdirection of luggage must be reported to the tour guide or the local representative of IBR.
9.5 The contractual liability of IBR for damage that is not physical damage is limited to three times the travel price,
a) insofar as damage to the customer is not caused intentionally or through gross negligence or
b) insofar as IBR is responsible for damage incurred by the customer solely due to the fault of a service provider.
9.6. IBR is not liable for service disruptions, personal injury or property damage in connection with services that are only mediated as external services (e.g. excursions, sporting events, theater visits, exhibitions, transport services to and from the advertised departure and destination) if these services are specified in the travel advertisement and the Booking confirmation should be explicitly identified as third-party services, stating the mediated contractual partner, so that the customer does not recognize them as part of IBR’s travel services. However, IBR is liable
a) for services which include the transportation of the customer from the advertised place of departure to the advertised destination, intermediate transportation during the trip and accommodation during the trip,
b) if and insofar as damage to the customer was caused by IBR’s violation of information, information or organizational obligations.
10. Exclusion of claims and statute of limitations
10.1. The customer must assert claims for non-contractual provision of the trip within one month of the contractually stipulated end of the trip. The assertion can only be made against IBR at the address given below. After the deadline, the customer can only assert claims if he was prevented from meeting the deadline through no fault of his own. However, this does not apply to the deadline for registering baggage damage, delivery delays in baggage or baggage loss in connection with flights in accordance with Section 9.4 a). These are to be claimed within 7 days of baggage loss, within 21 days of baggage delay after delivery to the airline.
10.2. Claims of the customer according to § 651i paragraph 3 BGB expire after 2 years. The limitation period begins on the day on which the trip should end according to the contract. If there are any negotiations pending between the customer and IBR about the claim or the circumstances underlying the claim, the limitation period is suspended until the customer or IBR refuses to continue the negotiations. The limitation period begins at the earliest 3 months after the end of the suspension.
11. Passport, visa and health regulations
11.1. IBR will inform citizens of a country of the European Communities in which the trip is offered about passport, visa and health regulations before the contract is concluded and about any changes before the trip. The responsible consulate provides information for citizens of other countries. It is assumed that there are no peculiarities in the person of the customer and any fellow travelers (e.g. dual nationality, statelessness).
11.2. The customer is responsible for obtaining and carrying the necessary travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages arising from non-compliance with these regulations, e.g. B. the payment of cancellation costs are at his expense. This does not apply if IBR has culpably failed to provide sufficient or incorrect information.
12. Information on the identity of operating air carriers
12.1. IBR informs the customer in accordance with the EU regulation on 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 flight transport services to be provided as part of the booked trip.
12.2. If the operating airline (s) is / are not yet certain when booking, IBR is obliged to inform the customer of the airline or airlines that are likely to operate the flight. As soon as IBR knows which airline is operating the flight, it will inform the customer.
12.3. If the airline named to the customer as the operating airline changes, IBR will inform the customer immediately and as quickly as possible with appropriate means of the change.
12.4. The “Black List” (airlines that are prohibited from using the airspace above the member states) compiled in accordance with the EC regulation is available on the IBR website and can be viewed on the IBR business premises.
13. Choice of law and place of jurisdiction
13.1. Only German law applies to the contractual relationship between the customer and IBR. This also applies to the entire legal relationship.
13.2. To the extent that non-German law is applied to IBR’s liability for lawsuits against IBR abroad, only German law applies with regard to the legal consequences, in particular with regard to the type, scope and amount of claims of the customer.
13.3. The customer can only sue IBR at its registered office.
13.4. The customer’s place of residence is decisive for claims brought by IBR against the customer. For lawsuits against customers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who are domiciled or habitually resident abroad or whose domicile or habitual residence is not known at the time the lawsuit is filed the place of jurisdiction is the seat of IBR.
13.5. The above provisions do not apply
a) if and to the extent that provisions of international agreements that are not contractually mandatory and that are to be applied to the travel contract between the customer and IBR result in something else in favor of the customer or
b) if and insofar as non-mandatory provisions applicable to the travel contract in the EU member state to which the customer belongs are more favorable for the customer than the following provisions or the corresponding German regulations.
14. Data storage and data protection
14.1. The customer is aware and agrees that IBR will store the personal data required to process the travel contract on data carriers. The customer expressly consents to the collection, processing and use of his personal data. The stored personal data will of course be treated confidentially by IBR. The customer’s personal data are collected, processed and used in compliance with our data protection declaration, the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
14.2. The contact details provided by the customer – in particular the details of your email address – will be provided that it was confirmed during registration that the receipt of an usually quarterly newsletter is accepted in order to receive news about offer updates, in such news-related case not passed on to third parties.
14.3. The customer has the right to withdraw his consent at any time with future effect. In this case, IBR is obliged to delete the user’s personal data immediately. For ongoing operations, deletion takes place after the corresponding operation has been completed.
Tour operator is:
Owner Stephan Dürre
Telephone: +49 30 21 00 38 38
Fax: +49 30 21 00 38 40
Translated with Google Translator