General Terms and Conditions, valid for bookings as of 1.7.2018 (cited paragraphs refer to the version of the German Civil Code valid as of 1.7.2018, in particular § 651 a to y)
Domizile Reisen KG, hereinafter DR, offers holiday homes and individual travel programmes (e.g. safaris, round trips etc.). In order to achieve a customer-friendly regulation, we have decided to agree the validity of the travel contract right (in this respect in particular § 651 d ff.) with you (voluntary package tour) also starting from 1.7.2018 for the range of the letting of holiday domiciles in the own name. Thus, travel contract law applies to all contracts concluded by us in our own name with you. The following conditions serve to clearly describe and regulate the legal relationship between you as the customer and DR in accordance with the provisions of the travel contract as amended on 1.7.2018 and other statutory provisions.
A right of revocation according to §§ 312 ff. BGB only exists for travel contracts if these contracts have been concluded outside business premises (e.g. at the customer's home), even in this case only if the corresponding oral negotiations were not conducted on the basis of a previous (in-)order by the customer as a consumer. Otherwise, the statutory rescission and termination provisions shall apply, cf. e.g. Sections 6, 7, 8 and 10.5 of these Terms and Conditions.
We decide on participation in dispute resolution proceedings before a consumer arbitration board in individual cases; we are not legally obliged to do so. Irrespective of this, the link to the platform of the EU Commission for online dispute resolution must be provided in accordance with the statutory provisions: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
1. BROKERAGE OF EXTERNAL SERVICES
1. if package tours of other tour operators or holiday domiciles of other providers or other external services (e.g. flights, ferry tickets, rental cars, etc.) are expressly brokered in the name of a third party and separately confirmed with details of the third party contractual partner, DR shall, subject to § 651 v Para. 3 BGB (German Civil Code), only duly brokerage, insofar as relevant including information obligations in accordance with §§ 651 v or w BGB (German Civil Code), not the service itself. The conclusion of the contract and its content shall be governed by the relevant statutory provisions and, if applicable, by the provisions of the respective contractual partner, insofar as these have been included.
2 Insofar as DR expressly only arranges package tours organised by third parties or services provided by third parties on behalf of third parties, the following shall apply: DR's liability for faulty placement of services shall be limited to the triple price of the placed service, provided that neither physical injury is present nor the damage was caused by DR through gross negligence or carelessness, unless a case of § 651 x, § 651 v Para. 3 or § 651 w Para. 4 BGB is present.
2. REGISTRATION AND CONCLUSION OF CONTRACT
According to the statutory provisions, a contract shall only be concluded at the point in time at which the parties to the contract have made completely identical declarations of intent (offer and acceptance of this offer), whereby acceptance must have taken place in good time. Mere expressions of interest on the part of both parties do not constitute an offer, but are merely invitations to submit offers. An offer can be limited in time, otherwise it can only be accepted within the usual period, which here is 8 days without the addition of special circumstances. A delayed acceptance represents a new offer, so that the roles can change with the delivery of the contract declarations. If the offer is made by the customer, the latter shall be bound until acceptance by DR, but no longer than 10 days from receipt of the registration by DR. 2.
As a rule, the customer shall register in text form on DR's registration form. All persons travelling with the customer (including children and any overnight visits) must be listed in the registration form. Special requests will be fulfilled if possible, but will only become part of the contract if they are confirmed by DR.
3. agreements amending or supplementing the services offered by DR or these travel conditions require an express agreement with DR, which should be made in text form for reasons of proof. Travel agencies or service providers involved in the execution of the contract are not authorised to make deviating or supplementary agreements.
3. PARTICULARITIES FOR ACCOMMODATION/HOLIDAY DOMICILE CONTRACTS ONLY: CONTRACTUAL SERVICES/CUSTOMER'S OBLIGATIONS/DEPOSIT
The minimum rental period in houses and villas is usually one week (seven nights). For some domiciles the minimum rental period is two weeks (14 nights), for hotels, apartments and city apartments bookings of less than seven nights are possible. We will be happy to give you detailed information on request.
The rental property is usually available from 16:00 on the day of arrival and must be swept clean by 10:00 on the day of departure at the latest. You will be informed of other regulations in the object descriptions and the travel confirmation. A pool, if available, is normally in operation from June to September. Outside this period there is no entitlement to use the pool unless other times have been confirmed by DR. The travel price paid to DR does not include any possible energy costs for air conditioning or heating; these are to be paid on the basis of consumption on site.
3 Only the persons listed in the travel registration form are allowed to live in the rented property. The customer is obliged to handle the rental property and the inventory with reasonable care. As far as the bringing of pets is allowed, it is forbidden that they stay on sofas, in beds or in the pool. Please note that the technical equipment, such as boilers, stoves, cooling and heating appliances as well as the structural safety regulations abroad do not always comply with German standards. In the case of essential maintenance work, the customer is obliged to grant the house owner or his representative access to the house. All damage caused by the customer during the rental period must be reported to DR at the latest on departure (in the case of contracts concluded by DR in its own name, to DR, otherwise to the owner of the house or to DR as its receiving carrier) and reimbursed by the customer, provided that this is not normal wear and tear.
A contractually agreed deposit must either be paid to DR with the remaining payment or it will be handed over to the homeowner or his representative upon arrival. If the tenant refuses to pay a deposit, access to the house may be refused.
4. EXECUTIVE AVIATION COMPANY
The EU Regulation No. 2111/2005 of 14.12.05 obliges tour operators, travel agents and brokers of transport contracts to inform their customers of the identity of each performing airline before the corresponding contractual flight/transport service is determined. If this is not yet the case at the time of booking, the probable operating airline must first be stated. If the executing airline changes after the booking has been made, the customer must be informed immediately.
5. PAYMENTS
Upon receipt of the booking confirmation/invoice and the security note for the customer money protection in accordance with § 651 r BGB, a deposit of 30% of the travel price and premiums of the facultatively arranged insurance becomes due. The remaining payment must be received by DR at the latest 28 days before the start of the trip. In the case of contracts which exclusively concern the booking of domiciles/accommodations, you will receive the voucher (rental voucher) and travel description immediately after receipt of the remaining payment, in the case of other trips in good time before the start of the trip.
6. PRICE ADJUSTMENTS
1 DR shall be entitled to increase the confirmed tour price if the requested increase results directly from an increase made after conclusion of the contract. (a) change in the price of passenger transport due to higher fuel or other energy costs (b) a change in taxes and other charges on agreed travel services (port and airport charges; security charges in connection with air transport; entry, subsistence and public-law entry fees). The customer may demand a reduction in the travel price and calculation of the new travel price in accordance with the following paragraph 2, insofar as a requested reduction results directly from a change in the items listed in the second sentence above after conclusion of the contract and this leads to lower costs for DR. Insofar as DR incurs administrative costs as a result, these may be deducted from the calculated discount or reimbursement amount in the amount actually incurred; evidence of such costs must be provided at the customer's request.
2) The travel price shall be increased by a maximum of the amount resulting from the addition of the increase amounts of the cost components mentioned in para. 1. Insofar as relevant cost increases affect a group as a whole, they shall initially be apportioned per capita. Depending on which is more favorable for the customer, either the concretely expected or the originally calculated average number of participants is added.
3 DR must inform the customer of a price increase and its reasons on a durable data carrier (e.g. letter, e-mail, fax) no later than 29 days before commencement of travel.
4. up to 8 % a price increase is unilaterally effective. If the tour price increases by more than 8 %, DR may request the customer to accept the price increase offered within a reasonable period of time or withdraw from the contract no later than 29 days before the start of the tour. After express acceptance or fruitless expiry of such a period, the offer shall be deemed accepted. If the customer chooses to withdraw instead, the travel price shall be returned to him immediately; claims for damages and reimbursement of futile expenses shall remain unaffected (§ 651 i Abs. 3 Nr. 3 BGB).
7. RESCISSION BY THE CUSTOMER
1. you may also withdraw from the contract at any time prior to the commencement of the journey, apart from the cases regulated in section 7.2. DR then loses its claim to the tour price, but instead has the legally regulated claim to appropriate compensation (§ 651 h paras. 1 and 2 BGB). In this case DR may claim the following lump-sum compensation amounts, which were determined in accordance with the provisions of § 651 h Para. 2 Sentence 1 BGB:
up to 60th day before commencement of travel/day of arrival 30% of the travel price from 59th to 30th day before departure/arrival 50% of the tour price from the 29th day before departure/arrival 90% of the travel price
At your request, we must justify the amount of the compensation claimed and prove it in the event of a dispute. In this connection, we draw your attention to Section 13 of these Conditions (Insurances).
2. if unavoidable extraordinary circumstances occur at or in the immediate vicinity of the place of destination of the journey which significantly impair the performance of the journey or the carriage of persons to the place of destination, you may withdraw from the contract free of charge before the start of the journey. Unavoidable and extraordinary circumstances exist if they are not subject to the control of the contracting party, which refers to them and their consequences could not have been avoided by all reasonable precautions (§ 651 h Abs. 3 BGB). A right of rescission free of charge also exists in the case of Section 6.4 or in the event of a substantial change in an essential component of the contractually owed services. In this case, we shall reimburse any amounts paid on the tour price immediately.
3. within a reasonable period of time before commencement of travel (whereby a declaration received by DR no later than seven days before commencement of travel is in any case punctual), you may demand, using a permanent data carrier (e.g. letter, e-mail, fax), that a third party named by you enter into the rights and obligations arising from the travel contract. We can object to the entry if the third party does not meet the contractual travel requirements. Upon successful entry, the original and new participants are jointly and severally liable for the travel price and the additional costs incurred as a result of the entry. The original tour member must be provided with proof of the amount of additional costs incurred as a result of the third party entering the tour. Additional costs may only be demanded to a reasonable extent and must actually have been incurred by DR as the tour operator.
8. RESCISSION BY DR/RESERVATION OF CANCELLATION IN THE CASE OF A MINIMUM NUMBER OF PARTICIPANTS
1. if DR is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances (cf. Clause 7.2), DR shall be entitled to declare its withdrawal immediately after becoming aware of the reason for withdrawal before commencement of the journey and to refund the travel price immediately.
2. if a minimum number of participants specified in the invitation to tender or in the other content of the travel contract is not reached, DR may withdraw from the travel contract up to 29 days before commencement of travel at the latest and shall reimburse the travel price without undue delay.
9. TRAVEL EXCLUSION DUE TO SPECIAL CIRCUMSTANCES DR may, for good cause before commencement of the journey and during the journey, exclude the customer from participation in the journey in whole or in part if participation by the customer in the journey is unreasonable for DR for reasons beyond the control of the customer. This may be the case in particular if the course of the trip is permanently disturbed or endangered by the customer and is not remedied or cannot be remedied even after a warning has been issued. Local representatives/tour guides are authorized to make the declarations required in this context.
10. OBLIGATIONS AND RIGHTS OF THE TRAVELLER IN THE EVENT OF DEFECTIVE JOURNEY
If the trip is not performed in accordance with the contract, the customer should notify DR of the defect without delay and demand remedy (see also Clause 10.3, sentence 2). DR may refuse such notification if it is impossible or, taking into account the extent of the defect and the value of the travel service concerned, requires disproportionate effort. As far as possible and reasonable, the request for remedy shall be addressed to DR using the contact details given at the end of the conditions, otherwise to the owner or manager of a holiday domicile or the local representatives/tour managers in the case of package tours whose service does not include a holiday domicile.
2. if DR does not remedy the situation within a reasonable period determined by the customer, the customer may remedy the situation itself and demand reimbursement of any necessary expenses. The setting of a deadline is unnecessary if DR refuses remedy or immediate remedy is necessary. 3.
3. the customer may assert a claim for a reduction in the travel price (reduction) for the duration of a service not in accordance with the contract; in addition, claims for damages may exist. All claims mentioned are void if the customer culpably fails to report the defect immediately and remedy is thereby thwarted. 4.
4. see §§ 651 k to 651 o BGB for the right of termination and further details of reduction and damages.
11. RIGHTS AND DUTIES OF LOCAL REPRESENTATION
Local representatives/tour guides shall be instructed to accept notifications of defects and requests for remedy during the tour and to provide remedy, insofar as this is possible and necessary. In addition, tour guides/local representatives shall provide the appropriate assistance services owed by DR in accordance with § 651 q BGB (German Civil Code) if the customer gets into difficulties during the trip. The local representative/tour guide is not authorised or authorized to acknowledge claims for reduction or damages against DR with effect. 2.
2. when booking holiday homes on behalf of DR, the house owner/ property manager shall not be deemed to be a local representative/tour manager within the meaning of Clause 11.1. The tour guide shall be provided exclusively by DR.
12. LIABILITY LIMITATIONS FOR DR AS TOUR OPERATOR
1 Our liability towards you as a tour participant for compensation for damages that are not bodily injury is limited to three times the tour price, unless the damage was culpably caused.
2 Our liability towards you for damages due to tort is limited to three times the tour price of the affected traveller, unless it concerns bodily injury or is based on intent or gross negligence. Up to 4100 € per participant, however, we have unlimited liability. 3.
3 For limitations of liability for DR as an intermediary, see section 1.2 of these terms and conditions.
13. INSURANCES
In particular, we recommend that you take out travel cancellation insurance and insurance to cover the costs of assistance and repatriation in the event of accident, illness or death, and will be happy to provide you with appropriate offers.
14. PASSPORT, VISA AND HEALTH REGULATIONS / INFORMATION FOR RESTRICTED MOBILITY
(1) The information on such provisions provided by DR at the time of booking shall refer to the status at that time. Unless otherwise specified, we assume that all persons listed in the travel booking are citizens of the billing address you provide. In the case of other citizenships or other special features (e.g. dual citizenship), please inform us.
2 It is expressly pointed out that there is always the possibility of a subsequent change to these provisions. We will do our best to inform you of any changes as soon as possible. However, we advise you to follow the news media yourself in order to be able to adapt to possible changes at an early stage.
3 As a participant, you should inform yourself in good time about infection and vaccination protection as well as other prophylactic measures; medical advice on thrombosis and other health risks should be obtained if necessary. General information can be obtained from the health authorities, doctors experienced in travel medicine, travel medicine information services or the Federal Centre for Health Education.
The holiday homes and individual travel programs we offer are generally not suitable for persons with reduced mobility. Details on the suitability of individual travel services for persons with reduced mobility are available on request.
15. LIMITATION
Your claims as described in § 651 i Abs. 3 BGB (German Civil Code) become statute-barred after two years. The period of limitation begins on the day on which the trip should end according to the contract. Insofar as contracts are only for accommodation/holiday homes, an extended limitation period of three years applies and the limitation period begins at the end of the calendar year in which the stay should end according to the contract.
16. VALIDITY
Naturally, only the state known at that time is reproduced; printing errors can also occur even with the greatest care. DR shall not be obliged to conclude a contract on the basis of an invitation to tender recognized as incorrect or incomplete.
17 MISC.
In addition, the statutory provisions shall apply, in particular the travel contract provisions of the German Civil Code, §§ 651a ff BGB (insofar as DR acts as a tour operator or travel agent within the meaning of these provisions and German law is applicable).
