Terms and Conditions of Booking and Sales

Valid per 01 July 2018

The follwowing terms and conditions apply to all international consumer clients. For Trade clients (B2B) such as corporate business, different rules apply, and are subject to travel contracts.

1. Conclusion of travel contract
   

With the registration, the traveller makes a binding offer to the travel operator to conclude a travel contract. Registration can be made in writing, orally, by email or telephone. The contract becomes valid upon acceptance by the travel operator. Acceptance requires no specific form. The travel operator will give the customer the travel confirmation at or immediately following contract conclusion.

1.1 If the contents of the travel confirmation deviate from the registration, then this constitutes a new offer by the travel operator to which he is committed for 10 days if not clearly stated otherwise. The contract becomed valid on the basis of this new offer if the traveller declares acceptance to the travel operator within the period of commitment.

1.2 The traveler may register several other fwllow travelers with him/her. In this case the registering traveler is also liable for fulfilment of the obligations of the co-registered persons to the travel operator by declaring a corresponding obligation with or follwing the co-registerting, or by taking over liability through joint invocing of all fellow traveler in his/her name and invoice.

2. Payments

Payments on the travel price before the travel ends may only be made against issue of the consumer payment insurance voucher in line with of § 651 k para. 3 BGB (German Civil Code). On receipt of the travel confirmation, a downpayment of 10% is due, at most EUR 250.00 per travel participant. The remainder must be paid before travel commences and if it is certain that the travel will take place and can no longer be cancelled pursuant to item 6. The travel documents will be posted after payment is received. The downpayment may vary if certain suppliers such as event organizer require ticket prepayments, and if this is agreed by the traveler.  In the event of payment delays, the travel operator is entitled to step back from the travel contract following a payment reminder setting a deadline, and consequently to charge the client with cancelation fees as in item 6.1.3.

3. Leistungen

The range of services derives exclusively from the travel confirmation, linked to the respectively valid services proposal. Additional agreements can be
made orally or in writing and are confirmed by the travel operator.

4. Changes of service

Changes or deviations of individual travel services from the agreed contents of the travel contract (e.g. flight time changes, programme itinerary changes) that
become necessary after signed contract and not caused by the travel operator in breach of good faith, are admissible in as much as these changes are not
significant and do not impair the overall character of the booked travel arrangement.

4.1 If service changes are necessary to a significant extent, then with the notification of changes the consumer as customer is granted the right to either withdraw from the travel contract with no obligation to pay fees, or to book other travel of the same operator free of charge.

5. Price Adjustment
   

If transportation costs increase or if the charges for certain services such as port or airport charges increase or if the currency exchange rates applicable for the
travel in question change, the travel operator reserves the right to adjust the price agreed in the travel contract as follows.

5.1 If the transport costs, especially fuel costs, applicable at contract conclusion increase, the travel operator can increase the travel price accordingly as follows:
a) In case of an increase relative to a seat, the travel operator can demand the increase amount from the traveller.
b) In other cases, the additional carriage costs demanded by the transportation company per mode of transportation are shared over the number of seats in the
agreed transportation mode. The travel operator can demand from the traveller the increase amount for the individual seat calculated.
5.2 If charges such as port or airport charges to the travel operator increase after contract signed, then the travel price can also be increased by the
corresponding pro rata amount.
5.3 If currency exchange rates change after the travel contract signed,  the travel price can be increased to the extent to which the travel has thereby
become more expensive for the travel operator.
5.4 An increase is only admissible if more than 4 months lapse between contract conclusion and the agreed travel date, and the circumstances leading to the
increase had not arisen before contract conclusion and were not foreseeable for the travel operator at contract conclusion.
5.5 The travel operator must inform the traveller immediately if the travel price changes after contract conclusion. Price increases as from the 20th day before
travel commences are not admissible. In case of price increases of more than 5%, the traveller is entitled to either withdraw from the travel contract free of charge or to demand at least equivalent travel if the travel operator is able to offer the traveller such travel from his product range at no extra cost. The customer must assert this right immediately after the travel operator notifies the price increase.

6. Cancellation by the traveler, Booking Changes, Substutiuon of travelers
   

6.1 Cancellation by the traveler

6.1.1 The traveller can cancel at any time prior to commencement of travel. Arrival date of the cancellation at the travel operator is counts as valif deadline.

Cancellation, booking changes and alterations can be declared informally, but in the interests of the traveller should in any case be in writing for substantiation reasons.

6.1.2 Tritt der Kunde vom Reisevertrag zurück oder tritt er die Reise nicht an, so kann der Reiseveranstalter Ersatz für die getroffenen Reisevorkehrungen und für seine Aufwendungen verlangen. Bei der Berechnung des Ersatzes sind gewöhnlich ersparte Aufwendungen und gewöhnlich mögliche anderweitige Verwendungen der Reiseleistungen zu berücksichtigen.

6.1.2 If the customer withdraws from the travel contract or does not travel, then the travel operator can demand compensation for the travel arrangements made and for his expenditure. Usually saved expenditure and possible use of the travel services otherwise must be taken into consideration when calculating the
compensation.

6.1.3 The travel operator can demand this compensation claim as a flat rate in a percentage ratio to the travel price giving consideration to the following
segmentation according to the proximity in time of the cancellation to the contractually agreed commencement of the travel arrangement.

A - Package Tours / Einzelleistungen, Standard-Rates  per person (FIT Travel)
Up to 30 days before travel commences: 10% of the tour price,
as from 29th - 15th day before travel commences: 30% of the tour price
as from 14th bis 7th day before travel commences: 50% of the tour price
as from 6th day before travel commences: 70% of the tour price
as from 2 days before travel commences, or now show: 90% of the tour price

B – Excemptions for special suppliers of services
Regarding several suppliers such as cruise companies, luxury trains and especially non-EU suppliers, different rules may apply. Example follow. The appled rules are to be specified by the tour operator before travel contract to be agreed by the traveler.

For luxury train travel with e.g. ROVOS Rail oder Royal Scotsman:
Untile 120 day before travel: 5% of travel price
as from 119th – 56th day before travel 25% of travel price
as from 55th – 28th day before travel: 50% of ttravel price
as from 27th day before travel or No-Show:  100% of travel price

C – Made-to measure travel and Group travel
For special travel arrangements such as group travel, made-to-measure tour packages for groups and indivudual travelers, different deadlines and fees apply! The tour operator is obliged to clearly list these fees and deadlines in the travel contract before becoming valid.

D – Scheduled flights and charter flights as
Mediated flights as supplementary service to the travel package (e.g. travel to and from the package travel) vary depending on the booked class. As a rule, no
cancellation charges are due for normal business class tickets; depending on the airline, differing re-booking and cancellation charges are due as from the
booking date for economy class, especially special fares, and which can be as much as 100% in case of cancellation. The travel types not named in sections A to
D are treated in accordance with the fundamentals developed in the conditions of travel. The traveler always has the right to provide evidence to the travel operator that the travel operator has incurred no or considerably less damage than the flat rate demanded by the travel operator.

 
6.2 Re-booking and changes

Re-bookings, i.e. changes of travel dates, travel destination, place of travel commencement or end, accommodation, transportation type or
airline are subject to a charge of at least EUR 50 per person. Rearrangements of individual and customised programmes not advertised in the catalogue are also
subject to a processing fee of at least EUR 50 per person.
This is charged in advance. Requested re-bookings with regard to travel destination, place at which travel commences or return travel destination, transportation
type, airline or travel date less than 45 days before travel commences can, if they are possible at all, only be made after withdrawal from the travel contract to the conditions stated in item 6 and with simultaneous new registration. This does not apply for re-booking wishes which cause only minor costs.

6.3 Substitute participants
Prior to travel commencement, the traveler can demand that a third party enters in his stead into the rights and obligations from the travel contract and takes part in the travel. This causes actual extra costs which are charged to the customer, but at least EUR 100. The travel operator can object to participation of the third party if this person does not satisfy the special prerequisites for travel or if statutory regulations or official requirements oppose his/her participation. If a third party enters into the contract, then he/she and the traveler are jointly and severally liable to the travel operator for the travel price and the extra costs arising due to entry of the third party.

7. Cancellation by the travel operator
   

The travel operator can cancel the travel up to four weeks before travel commences if, after exhausting all possibilities, the travel operator cannot be reasonably
expected to carry out the travel because the costs he would then incur exceed the economic sacrificial limit relative to the booked travel. However, there is no
right to cancellation if the travel operator is responsible for the circumstances leading to this (e.g. errors in calculation). The cancellation notice will be forwarded
immediately to the traveller. In the case of cancellation, the traveller can demand participation in at least equivalent travel if the travel operator is able to offer the traveller such travel from his product range at no extra cost. If the traveller declines the substitute offer, he/she immediately receives back the amounts he/she has already paid.

7.1 If the minimum number of participants announced in the printed proposal or in the web offer is not reached, the travel operator can cancel up to two weeks
before the travel commences. The already paid amounts are to be refunded to the traveller. The contract can be terminated by the traveller or by the travel
operator if force majeure significantly impedes, renders difficult or endangers the travel. The travel operator refunds the paid travel price, but can claim reasonable compensation for travel services already performed, contract duties conducted, or travel servces yet to be performed.

7.2 The travel operator can terminate the travel contract without further notice if, despite warning by the travel operator, the traveller persistently disrupts the travel or behaves / misconducts in breach of contract to such a degree that immediate annulment of the contract is justified. This applies especially if the customer does not meet the particular requirements of the travel as advertised in terms of his/her physical condition or due to health impairments. If the travel operator terminates, then he retains the entitlement to the travel price; but he must credit the saved expenditure and the value of those advantages he achieves from using the unused services elsewhere, including the amounts credited to him by the service providers.

8. Liability towards the traveler (consumer)

Within the framework of the due care by an orderly merchant, the travel operator is liable for the conscientious travel preparation, diligent selection and
supervision of the service providers and the correctness of the travel description. The travel operator cannot be held liable for statements in third party
brochures or web information (places' and hotels' info, etc.). If the travel service is not performed or nor performed contractually, the traveller can demand remedy within an appropriate period of time. However, the traveller is obligated within the framework of the statutory provisions to cooperate in the case of service performance disruptions in order to minimise damages. Complaints must be brought directly to the local travel guide service or to the travel operator by telephone, fax or email. The travel operator will immediately undertake all possible endeavours to correct the service disruption. The traveller can demand a reduction of the travel priceafter returning from the travel if services have not been performed contractually and he/she has not culpably neglected to report the deficiency.

9. Limitation of liability (B2C - direct consumers only)

The contractual liability of the travel operator for damages that are not physical injuries is limited to triple the travel price if damage to the traveller was not caused in wilful conduct or gross negligence or if the travel operator is responsible for damage to the traveler solely due to the fault of a third party service provider.
9.1 For all damage compensation claims brought against the travel operator for illicit acts not based on wilful conduct or gross negligence, the travel operator is liable for damage to property up to EUR 4,100.00; if triple the travel price exceeds this amount, then liability for damage to property is limited to triple the travel
price. These maximum liability amounts apply per traveller and travel respectively.

9.2 The travel operator is not liable for service disruptions in connection with services that are solely mediated as third party services and are explicitly described
in the advertised travel as such third party services. For travel with particular risks (e.g. trekking and expedition travel), the travel operator assumes no liability for performance and warranty in as much as the travel operator is not himself at fault.
9.4 A damage compensation claim against the travel operator is limited or excluded inasmuch as a claim to damage compensation against the third party service providercan only be asserted under specific prerequisites or restrictions or is excluded under specific prerequisites due to international conventions or statutory provisions founded in them, and that are applicable to services to be performed by a service provider.

9.5 Cooperation Obligation
The traveler is obliged to do everything reasonable to support and assist in correcting any interruption or problem that might occur during the travel.

10. Exclusion of claims and statutory limitation

The traveller must assert claims against the travel operator due to non-contractual performance of the travel within one month following the contractually foreseen end of the travel. The traveller can assert claims after this period expires if he/she was unable to observe the deadline through no fault of his/her own.

10.1 Claims of the traveller pursuant to §§ 651 c to 651 f BGB expire after one year. The period of statutory limitation begins with the day on which the travel was to have ended according to the contract. If negotiations are pending between the traveler and the travel operator concerning the claim or the
circumstances founding the claim, then the statutory limitation is suspended until the traveler or the travel operator declines to continue the negotiations. The
claim is then to expire at the earliest 3 months after the suspension ends.

11. Insurance

Each traveler is responsible for his/her own insurance protection. The travel operator recommends taking out a travel cancellation insurance, unless this is explicitely included in travel services. It is moreover recommended to take out travel baggage, travel accident, travel health and travel liability insurance. You will be given information about this by your travel operator or your travel agent.

12. Passport, Visa and health regulations
    

Der Reiseveranstalter steht dafür ein, Staatsangehörige des Staates, in dem die Reise angeboten wird, über Bestimmungen von Pass-, Visa- und Gesundheitsvorschriften sowie deren eventuelle Änderungen vor Reiseantritt zu unterrichten. Diese Informationen werden in aktueller Fassung online für den Reisenden bereitgestellt. Für Angehörige anderer Staaten gibt das zuständige Konsulat Auskunft.

12. Passport, visa and health regulations
If the traveler as consumer books directly, VinTour commits to inform citizens of the state in which the travel is offered about passport, visa and health regulations, as well as any changes, before travel commences. If booked through an agency abroad this agency or tour operator is obliged to provide all these mentiond informations. The responsible consulate provides information for nationals of other states.
12.1 VinTour as The travel operator is not liable for issue and receipt of necessary visas in good time by the respective diplomatic representation if the traveller has commissioned the travel operator to obtain visas, unless the travel operator is answerable for the delay.
12.2 The traveler is himself/herself responsible for compliance with all important regulations for the travel. All disadvantages, especially payment of cancellation
costs, arising due to failure to observe these regulations are charged to the traveller, unless they are due to culpably false or lacking information by the travel
operator.
12.3 The traveler is himself/herself responsible for compliance with the passport, visa, customs, foreign currency and vaccination regulations.

13. Severability

The invalidity of individual provisions of the contract does not cause the entire contract to be invalid.

14. Place of jurisdiction
    

The traveller can only bring a lawsuit against the travel operator at the registered domicile of the travel operator. Thus, Lüneburg is place of jurisdiction for registered merchants, for persons with no general place of jurisdiction in Germany and for persons who have removed their place of residence or usual domicile abroad after the travel contract was concluded or whose usual place of residence is unknown at the time of bringing suit.

15. The Package Travel Directive (2015/2302/EU)
    

Should there arise any contradictions between our terms of services and booking againsts the EU Package Travel Directive (2015/2302/EU), this EU directive will be valid for all consumers within the EU booking directly with the tour operator.

 

16. Travel and Tour Operator:
VinTour Weinreisen
as a brand of Marketing-Contor
Christian Rümmelein e.K.
Gut Schnellenberg, 21339 Lüneburg
Tel: +49 04131-220 9860

Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.