1Conclusion of the travel contract, registration, travel affirmation
2Payment
3Services and prices
4Changes of services and prices
5Withdrawal of customer, rebookings, substitute people
6Unused services
7Withdrawal and cancellation by us
8Liability
9Remedy
10Limitation of liability
11Obligation to co-operate
12Pass, visa, custom, foreign currency, health regulations
13Inefficacy of single regulations
14Jurisdiction
1 Conclusion of the Travel Contract, Registration, Travel Affirmation
1.1 With his or her registration the customer offers us the conclusion of a travel contract engagingly. The registration can be carried out in written, oral, telephonical or email form.
1.2 The contract is accomplished by us. The acceptance does not need any specific form. We inform you about the acceptance through the transmission of a travel affirmation by email.
1.3 If the content of the travel affirmation differs from the content of the registration, this means a new offer from us, which we are bound to for a period of 10 days. The contract is confirmed on the basis of this new offer, if the customer declares his or her acceptance within the required period of retention. A prepayment or complete payment of the all round price – stated in the travel confirmation – respectively is also considered as declaration of acceptance.
2 Payment
2.1 With every conclusion of a contract we are authorised to demand a prepayment of 250,00 € per booked person. The prepayment is credited towards the total price. The remaining payment we demand 30 days prior to departure.
2.2 If the contract is accomplished less than 30 days before the beginning of the journey, the full price is to be paid immediately with the conclusion of the contract.
3 Services and Prices
Exclusively the service descriptions of our internet page are decisive for the amount of contractual services.
4 Changes of Services and Prices
4.1 In the event of circumstances beyond our control it might be necessary to change single travel services which then diverge from the travel contract. These changes or discrepancies, however, are only to be accepted by the customer, if they are not extensive and do not affect the general layout of the booked journey. We will inform the customer immediately about such changes or discrepancies. If needed the customer will be offered a rebooking or a withdrawal free of charge. The customer´s possible guarantee claims remain unaffected as far as the changed services are afflicted with deficiencies.
4.2 We reserve our right to change the announced prices – confirmed by booking – in case of increased carriage costs, in case of increased taxes for certain services as airport or safety charges or in case of changed exchange rates concerning the specific journey. The prices will only change to the extent of increased travel costs per person or per reserved seat respectively. In the case of belated changes of travel prices or changes of essential travel services, we commit ourselves to inform the customer immediately and up to 21 days before the beginning of the journey the latest. After this point of time increased prices are illegitimate.
5 Withdrawal of Customer, Rebookings, Substitute People
5.1 Before the beginning of the journey the customer can withdraw from the contract at any time. The declaration of withdrawal does not need any specific form. We recommend, however, to declare the withdrawal in written form. The date of withdrawal will be considered the date of the arrival of the declaration at our office.
5.2 If the customer withdraws from the travel contract or does not go on the journey, we may demand an adequate compensation for the prepared travel organisation as well as for our expenses. For the calculation we then consider saved expenses and possible other uses of travel payments.
5.3 The amount of compensation is based on the price of the tour. In addition we charge the following flat rate:
- up to 31 days before the beginning of the journey 20%
- from 30 up to 21 days before the beginning of the journey 40%
- from 20 up to 11 days before the beginning of the journey 60%
- from 10 days up to 1 day before the beginning of the journey 80%
- If journey is not attended (No Show) 95%
We explicitly state that customers are always free to prove that our claims are not justified or have to be vastly lower than the declared flat rate.
6 Unused Services
If the customer does not use certain travel services due to an early return or other strong reasons, we will try to refund him or her these saved expenses. This obligation will be omitted, if the missed services are totally irrelevant or if a compensation is against legal or official regulations.
7 Withdrawal and Cancellation by us
7.1 If the declared or officially stated minimum number of participants is not reached, we are authorised to cancel the tour up to 2 weeks before the beginning of the journey.
7.2 If the realisation of the tour is not reasonable for us at any rate because we have too little bookings and cannot manage the expenses of the journey without reaching our own economic limits, we are authorised to cancel the tour up to 4 weeks before the beginning of the journey.
7.3 f the tour is cancelled due to any of the two named reasons, the customer´s payments are immediately returned.
8 Liability
8.1 Own services: We are responsible for
- precise travel preparations
- the selection and observation of customers
- the correctness of all catalogue descriptions concerning travel services unless we have declared a change of the catalogue descriptions before the conclusion of the contract according to point 3 above.
- the correct provision of the travel services agreed upon.
8.2 We are not responsible for the default of people in charge of travel services or other partners for example hotels, rentel car companys, lift companys.
8.3 External services: If there is any public transport necessary in the course of the journey or in addition to it, and if the passenger is given a ticket for this transport accordingly, we supply foreign external services in so far as stated explicitly in the travel advertisement and in the travel confirmation. We are, therefore, not liable for the provision of the service itself. Possible liabilities are in this case based on the forwarding conditions of the particular transport organisation. On demand, we provide you with the accordant conditions.
8.4 Other external services: We are not liable for the interruption of other external services not part of the public transport, which have been arranged in addition to the journey, as long as we have stated it explicitly in the travel advertisement and in the travel confirmation.
9 Remedy
If the journey is not realised according to the contract, the customer may claim remedy. We are authorised to find a remedy by the provision of equivalent alternative services.
10 Limitation of Liability
10.1 We are not liable for all customer claims for damages directed against us. Due to the limitation of liability we recommend our customers a travel accident insurance as well as a baggage insurance.
10.2 As far as we hold the position of a contractual air carrier, our liability is defined due to the liability of the regulations of the aviation law in connection with the International Convention of Warsaw, The Hague and Guadalajara as well as the Convention of Montreal (only flights to the USA and Canada).
10.3 Limitation:
Due to the change of § 651 g paragraph 2 German Civil Code the appliance of § 651 m clause 2 German Civil Code is restricting the limitation of customer claims against us due to relief, compensation for relief brought about by the customer, reduction, cancellation, return transport and convenient claims for damages to one year only. Due to customer claims for illegal practices the legal limitation period is in force.
10.4 Exclusion of claims:
The customer has to assert claims due to a non-contractual realisation of the journey against us within a month after the contractual termination of the journey. After the expiration of this time limit the customer may only assert claims if he or she was prevented without fault from an observance of the time limit.
11 Obligation to Co-operatet
In case of an interruption of any services the customer is obliged to take reasonable steps within the scope of legal regulations in order to achieve an elimination of the interruptions and diminish or avoid possible damages. The customer is especially obliged to report any complaints immediately to the local representation at the place of destination. The local representation is instructed to arrange relief within the bounds of possibility. If the customer neglects culpably the report of any defects, he or she is excluded from reduction claims and contractual claims for damages.
12 Pass, Visa, Custom, Foreign Currency, Health Regulations
12.1 We account not for the fact that we inform citizens of the country we offer the journey in about regulations of pass, visa and health instructions as well as about possible changes of those regulations before the beginning of the journey. Each participants is therefore responsible himself.
12.2 We are not liable for the punctual grant of visas by the concerned diplomatic embassies, also not if the customer instructs us to organise the provision of the visa unless we are in any way responsible for the delay.
12.3 The customer is responsible for his or her own observance of all regulations which are important for the realisation of the journey. The customer has to account for all disadvantages which derive of unfulfilled regulations unless this non-fulfillment occured due to our culpably false or lacking information.
13 Inefficacy of Single Regulations
The inefficacy of single regulations within the travel contract and of single regulations within the general terms and conditions as basis of the contract does not, for the rest, affect the efficacy of the travel contract as a whole.
14 Jurisdiction
The customer may only file claims at our registered seat. For claims on our part against the customer the customer´s residence is decisive unless the customer is a merchant who has been entered as such in the commercial register or the claim appeals to people who have shifted their residence or usual domicile abroad or whose residence or usual domicile is not known at the time of the lodgement. In these cases our registered seat is decisive.
You already have a small group?
You have a special date request?
You have your own ideas and agenda for your ski tours to the USA?
In this case contact us directly, we are pleased to arrange an individual offer for you.
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