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General Terms and Conditions for Tours

 

In this document you will find our General Terms and Conditions for Tours and our General Terms and Conditions for Camper and Caravan Tours

 

The tour conditions have been drawn up on the basis of the recomme ndation of DRV (Deutscher Reisebüro-Verband – the German Travel Association) in accordance with § 38 GWB (Act Against Restraints of Competition) and are recognised by you when you make a booking. Any deviations in the respective tour description shall prevail. Please read this and the following text carefully.

 

1. Registration and confirmation

 

When you register you make a binding commitment to the conclusion of a tour contract with us. When you register you are also registering all the tour participants you list and you then invariably vouch for their contractual obligation as you vouch for your own obligations where you have entered into a corresponding separate obligation by means of an express and separate declaration. The contract shall come into effect on its acceptance. You will receive from us in advance confirmation by email and a written confirmation which will be sent to you as soon as possible by regular mail. If the content of our confirmation does not conform to that of the registration a new offer shall be made which shall be firm for us for a period of 10 days. The contract shall come into effect on the basis of the new offer if you accept it within this period of 10 days; otherwise there shall be no tour contract between yourself and us.

 

2. Payment

 

Payments relating to the tour price prior to the tour may only be effected on issuance of the secured payment certificate (Sicherungsschein) in the meaning of § 651 k para. 3 BGB (Commercial Code). If a tour lasts longer than 24 hours, if it does not include an overnight stay and if the tour price does not exceed EUR 75 the full price may also be demanded without issuance of a secured payment certificate.

 

On conclusion of a contact you are requested to make a downpayment of 10 % of the tour price once you have received the secured payment certificate. The downpayment will be set off against the tour price. The remaining tour price is to be paid approximately 21 days before the tour commences. After the payment has been received you will be sent your documents by regular mail.

 

If tours are booked at short notice, i.e. within 21 days prior to their commencement, the complete tour price shall be due immediately. The complete tour price shall also be due immediately if the booking includes a flight. Withdrawal and change of booking charges shall also be due immediately.

 

Together with the confirmation and secured payment certificate you will also receive by regular mail at the address you indicate an invoice for the downpayment and an invoice for the remaining tour price. The downpayment must be transferred in good time quoting the invoice number to the bank account indicated so that we receive it within 7 days from the date of invoice and we must receive the remaining payment 21 days before the tour date.

 

If your payments are not received in due time and completely and if you fail to pay after receiving a reminder we shall be entitled to terminate the tour contract and claim from you the cancellation charges listed under clause 18.

 

If you have booked a holiday apartment the landlord may demand on handover of your holiday apartment a reasonable deposit for the ancillary costs you have to pay and for any damage for which you may be responsible.

 

In the case of bookings at short notice (21 days or less before the tour commences) and in the case of special tour services for which it is not possible to comply with the deadlines give above an immediate payment must be made in accordance with the provision above. This also applies for bookings which include a flight.

 

3. Tour programme and services

 

The scope of the contractually agreed services is determined by the description of services for the respective offer, the general information and the details given in the tour confirmation. These details are binding on us. However, we expressly reserve the right to declare a change in the details before conclusion of contract for reasons which are based on concrete circumstances, are of a serious nature and were not predictable. We will of course inform you of this before you book your tour.

 

4. Changes to service and price

 

4.1.

 

Changes or variations in individual tour services in relation to the agreed content of the tour contract (e.g. changes of flight times, changes to the programme schedule) which become necessary after conclusion of the contract and which have not been implemented by us in bad faith shall be permitted where the changes or variations are not major and the overall nature of the tour as booked is not thereby impaired. Possible warranty claims are not affected by this where the modified services involve deficiencies. We will notify you without delay of any changes or variation of the service.

 

4.2.

 

We reserve the right to change the advertised prices confirmed with the booking where there is an increase in the transport costs or in the charges for certain services, such as port or airport charges or a change in the exchange rates applying for the tour concerned, and to change them as follows: If the transport costs applying at the time the tour contract is concluded, and in particular fuel costs, are increased, we may increase the tour price on the basis of the following calculation:  In the case of an increase relating to the seat we shall be entitled to claim the increase in amount from the tour participant.

 

In other cases the additional transport costs demanded by the transport company per means of transport shall be divided by the number of seats in the means of transport agreed. We shall be entitled to demand of the tour participant the amount of increase thus arrived at for the individual seat.  If the charges applying at the time the tour contract is concluded are increased for us, we shall be entitled to raise the tour price by the relevant pro rata amount.

 

If there is a change in the exchange rates after conclusion of the tour contract the tour price may be increased to the extent by which the tour thus becomes more expensive for us. An increase is only permissible where there are more than 4 months between conclusion of contract and the agreed tour date and the circumstances which lead to the increase had not arisen prior to the conclusion of contract and were not foreseeable by us at the time of the conclusion of contract.

 

If there is a subsequent change in the tour price we shall be obliged to notify you without delay. Price increases from the 20th day prior to commencement of the tour shall be ineffective. For price increases of more than 5% you will be entitled to withdraw from the tour contract without charge or to demand participation in a tour of at least equivalent value at no extra charge to you if we are able to offer you such a tour from our range. You are requested to enforce the aforementioned rights without delay after we have the declared price increase.

 

5. Withdrawal by the customers, change of booking, substitute participant

 

5.1 Withdrawal

 

If you withdraw from the tour contract or if you fail to turn up to commence the tour we shall be entitled to demand compensation for the tour preparations and our expenses. Our claim for compensation shall be drawn up taking account of the expenses usually saved and any possible alternative use depending on the item booked.

 

5.2 Change of booking

 

If at your request changes are made with respect to the tour date, the tour destination, the place at which tour commences, the accommodation or the type of transport after the booking has been made, we will normally incur the same costs as we would if you withdrew from the contract. We shall therefore be compelled to charge you the costs to the same amount as would have arisen for a withdrawal at the time of the change of booking. For any other minor changes we shall charge an administration fee of EUR 26.

 

5.3 Substitute participant

 

Up to the commencement of the tour every registered tour participant may arrange for a third party to take his place provided we are notified of this. We may, however, object to the change of tour participant if the substitute person does not meet the special tour requirements or his participation is made impossible because of statutory regulations or official orders.

 

If a substitute person enters into the contract you shall be liable together with this person as joint and several debtors for the tour price and the extra costs incurred through the entry of the third party.

 

5.4 Written form

 

Declarations of withdrawal, changes of booking and modifications may basically be made informally, but they should be made invariably in writing in your own interest and to provide evidence.

 

6. Services not taken up

 

If you do not take up individual tour services because you return home prematurely or for any other important reason we will endeavour to obtain reimbursement of the expenses saved from the service providers. This undertaking shall not apply if the services concerned are of a completely minor nature or if reimbursement violates statutory or official regulations. Reimbursement of the original vouchers which we merely passed on from the issuer (e.g. hotel chains, rental cars) is governed by clauses 5.1 and 18 under "Withdrawal" or "General charge for withdrawal".

 

7. Withdrawal and termination by tour operator

 

In the following cases we will be entitled to withdraw from the tour contract prior to commencement of the tour or terminate the tour contract after commencement of the tour:

 

a) without notice if the tour participant persistently disturbs the conduct of the tour regardless of a warning given by us or if he behaves in a way which violates the contract to an extent that immediate cancellation of the contract is justified. If we terminate we reserve the right to claim the tour price; we must, however, set off the value of the expenses saved and those advantages which we enjoy owing to alternative use of the services not taken up including the amounts credited to us by the service providers;

 

 

b) up to 28 days prior to commencement of the tour if a minimum number of participants as advertised or laid down by the authorities is not reached provided that a minimum number of participants is indicated in the advertisement for the relevant tour. In any case we are obliged to notify you of this without delay after the condition for non-performance of the tour has taken effect and to forward to you without delay the declaration of withdrawal. The tour price paid will be returned to you without delay. If it becomes evident at an earlier time that the minimum number of participants cannot be reached we will inform you of this;

 

 

c) up to 28 days prior to commencement of the tour if, after all possibilities have been exhausted, performance of the tour cannot reasonably be expected of us because the number of bookings for this tour is so small that the costs we would incur if we performed the tour would mean that the financial limit we can reasonably be expected to sustain is exceeded in relation to this tour unless we are responsible for the causes. If the tour is cancelled for this reason the tour price paid will be returned to you without delay.

 

8. Cancellation of the contract due to force majeure

 

If the tour is considerably impaired, jeopardised or adversely affected due to force majeure which was unforeseeable at the time the contract was concluded, both you and we will be entitled to terminate the contract. If the contract is terminated, we may demand reasonable compensation for tour services already rendered or to be rendered in order to terminate the tour. We are obliged to take the necessary measures and in particular, if the contract includes home transport, to transport you home. The extra costs incurred for home transport shall be borne half by you and half by us. The other extra costs shall be borne by you.

 

9. Liability of the tour operator

 

9.1 Own services

 

We shall be liable as part of the obligation of a prudent businessman to exercise care for:

- conscientious preparation of the tour; 

- careful selection and supervision of the service providers; 

- the accuracy of the description of all tour services described in the catalogues where we have not declared any modification of the brochure details prior to conclusion of the contract in accordance with clause 3, but we shall not be liable for details given in any location-related, hotel and other brochures not issued by us which have been submitted or enclosed with your tour documents; 

- the orderly rendering of the contractually agreed tour services.

 

9.2 Auxiliary persons

 

We shall be liable for any fault committed by the persons entrusted with the rendering of the services.

 

9.3 External services (to be revised)

 

We shall also not be liable for disturbances to services connected with other services which are merely procured as external services (e.g. conferences, concerts, sporting events, theatre performances, excursions) and which have also be expressly described as external services in the tour advertisement.

 

10. Warranty

 

10.1 Corrective action and obligations to co-operate

If the tour is not performed as per contract you will be entitled to demand corrective action. For this purpose your cooperation is required – notwithstanding our prime liability. You are therefore obliged to do everything that can reasonably be expected of you to help rectify the impairment and to keep possible damage to a minimum or avoid it altogether. In particular you are obliged to indicate your complaints without delay. You can reach I.N. Touristik under the general number

+49 (0)214 50699044 

Monday - Friday 9.30 - 12.00 und 13.00 -16.30 h CET

Fax +49 (0)214 50699046

10.2 Reduction of tour price

For the duration of the failure to conduct the tour as per contract you may demand an appropriate lowering of the tour price (reduction). The reduction shall not apply where you have culpably failed to give notification of the deficiencies.

10.3 Termination of the contract

If the tour is impaired to a major extent as the result of a deficiency and if we do not provide any corrective action within a reasonable period even though you have demanded this, you may terminate the tour contract within the framework of the statutory regulations. You shall then owe us the portion of the tour price accounted for by the services used provided that such services have not been completely worthless to you.

10.4 Compensation

Notwithstanding the reduction or termination you may demand compensation for non-fulfilment unless the deficiency in the tour is based on a circumstance for which we are not responsible.

 

11. Passport, visa, customs, currency and health regulations

 

We are committed to informing a national of a state in which the tour is offered about the provisions of passport, visa and health regulations and any possible changes to them prior to commencement of the tour. For nationals of other states the competent consulate will provide the information. We shall not be liable for the issuance and receipt in due time of necessary visas by the respective diplomatic mission even if you have instructed us to obtain them unless we are responsible for the delay. You yourself are responsible for complying with all regulations which are important for the conduct of the tour. Any disadvantages arising from failure to comply with these regulations shall be borne by you unless they have been caused by incorrect information given by us or by our failure to give information.

 

12. Limitation of liability

 

12.1 Contractual limitation of liability

Our contractual liability for damage, other than physical injury, is limited to three times the tour price where damage to a tour participant has not been caused by our wilful action or gross negligence or where we are responsible for damage caused to the tour participant only due to the fault of a service provider.

 

12.2 Limitation of tortious liability

For all compensation claims directed towards the organiser which arise from impermissible action and which are not based on wilfulness or gross negligence the organiser shall be liable in the case of material damage up to EUR 4,100; if three times the tour price exceeds this amount the liability for material damage shall be limited to three times the tour price. These liability amounts shall apply in each case per tour participant and per tour.

 

12.3 Statutory limitation of liability

A claim for compensation against us shall be limited or excluded to the extent that, under international agreements or statutory regulations based on such agreements which are to be applied to the services to be provided by a service provider, a claim for compensation against the service provider may only be enforced under certain conditions or with certain limitations or is excluded under certain conditions. Where we are a contractual air carrier the liability shall be regulated according to the provisions of the German Air Traffic Act in conjunction with the international conventions of Warsaw, The Hague, Guadalajara and Montreal. These conventions normally limit the liability of the air carrier in the case of death or physical injury and in the case of losses and damage to baggage. Where we are the service provider in other cases we shall be liable in accordance with the regulations applying to these cases. If, in the case of journeys by ship, we occupy the role of a contractual shipping company the liability shall also be regulated in accordance with the provisions of the German Commercial Code (HGB) and the Germany Inland Shipping Act.

 

13. Exclusion of claims and statute of limitations

 

Claims made on account of failure to provide the tour as per contract may be lodged against us within one month of the termination of the tour not provided for in the contract. After this period has expired you may only lodge claims if you were prevented from complying with the deadline for reasons which were not your fault. In your own interest you should lodge the claims in writing. Your claims under §§ 651 c to 651 f BGB (Germany Civil Code) shall be subject a statutory limitation of one year. The statutory limitation begins with the day on which the tour was to have ended as per contract. If you have lodged claims the statutory limitation shall be delayed until the day on which we reject the claims in writing.

 

14. Insurance

 

14.1 Insolvency insurance

We shall only be entitled to demand that you pay the tour price if it has been ensured that the tour price paid plus necessary expenses for the home journey are reimbursed where tour services are not rendered due to the insolvency or bankruptcy of the tour organiser (§ 651 k BGB). Accordingly we have insured this insolvency risk with the insurer R+V VERSICHERUNG. The secured payment certificate (Sicherungsschein) which assures you a direct claim against the insurer in the case of insolvency or bankruptcy will be forwarded to you at the latest with the booking documents.

 

14.2 Travel insurance

Please note that the tour prices quoted in this catalogue do not include any travel cancellation insurance or insurance of extra expenses (incl. a substitute tour). If you withdraw from your tour before it commences you will incur cancellation charges. If the tour is broken off additional home journey and other extra costs may be incurred. It is therefore advisable to take out a travel insurance policy with EUROPÄISCHE Reiseversicherung AG. This includes not only the travel cancellation insurance but also comprehensive travel insurance with 24-hour emergency call service.

 

15. Legal venue

 

The legal venue for registered traders, for persons who have no general legal venue within the country and for persons who have moved their domicile or usual place of residence abroad after conclusion of the contract or whose domicile or usual place of resident is not known at the time the action is brought shall be Leverkusen.

 

16. Ineffectiveness of individual provisions

 

The ineffectiveness of individual provisions of the tour contract shall not mean that the whole tour contract is ineffective.

 

17. Data protection

 

All personal data supplied to us to enable us to process your tour shall be protected against wrongful use under the German Federal Data Protection Act.

 

18. General charge for withdrawal

 

(see clause 5.1)

The amount of the general charge for withdrawal depends on the service selected. Further details of the amount of the general charge for withdrawal can therefore be found in our General Terms and Conditions for the respective offer. We urge you to note any variation of details in the booking conditions for the individual offers! Please also note: if you have put together a number of services which have individual prices (e.g. flight and circular tour) the cancellation charges will be determined individually and then added together.

 

I. N. TOURISTIK Camper and caravan tours

 

General Conditions of Contract

 

1. Conclusion of tour contract

 

1.1 When you register for a tour you are offering I.N. TOURISTIK the conclusion of the tour contract.

1.2 Acceptance of your registration is only binding if in writing. The registration shall be made by you for all persons listed in the registration and you shall be responsible for their contractual obligations as you are for your own where you have expressly taken on an obligation to that effect.

1.3 The participants in caravan tours invariably travel at their own risk with their own vehicle combination (towing vehicle and trailer) or camper or motor caravan. This applies both with regard to the journey to the starting location, for the duration of the tour itself and for the home journey from the end point of the tour. It is therefore a condition that a valid accident and breakdown certificate (Schutzbrief) (domestic and international) be carried for each participating vehicle. The caravan must also be included in the insurance.

1.4 The tour contract shall come into effect on acceptance by us (= confirmation of tour) and this acceptance does not have to take a particular form. All registrations shall be accepted in the order in which they are received but they still require written confirmation by us. The minimum number of participants given in the programme as advertised is the precondition for performance of the tour. The organiser reserves the right to reject participants without having to give a reason. 

1.5 The booking offices of I.N. TOURISTIK and our other agencies only act as agents.

1.6 If the content of the tour confirmation deviates from that of your registration this means that we have not accepted your offer. Our amended offer is firm for us for 10 days. If you do not agree to our new offer within this period we shall be entitled to put it to alternative use.

1.7 If you do not receive your tour documents at the latest 7 days before departure you must inform us immediately to enable use to send them to you or keep them ready for your collection, assuming you have paid. If you fail to meet this obligation for reasons which are your fault we shall be entitled to claim compensation for any damage incurred. 

1.8 For long-term advance bookings, in other words registrations for tours not yet published in a valid brochure, the details in the currently valid brochure (e.g. routes, dates, services, prices and tour and payment conditions) are not binding.

 

2. Payment 

 

2.1 On receipt of our invoice / tour confirmation a downpayment of 10 % of the tour price per person shall be payable. The complete tour price shall be due 21 days before departure, i.e. it must have been received by us in Leverkusen or at our booking office or agency at the latest on this date without the need for us to send a further demand for payment. The tour documents shall be issued only after payment of the invoice amount. Delayed payment shall entitle us to set a further period of grace. If you fail to pay within this period of grace we shall be entitled to withdraw from the contract or demand compensation for non-fulfilment. 

2.2 The premium for the travel cancellation insurance is not included in the tour price.

2.3 If we declare that we are unable to accept the registration we shall reimburse the amount paid on registration.

2.4 Withdrawal charges shall be due for payment immediately.

 

3. Services/prices

 

3.1 For the contractual services only the descriptions given and prices quoted in our brochure which is valid for the period of the tour shall apply. Ancillary agreements, changes and other promises of any kind, including those from the booking offices, shall only become part of the contract if they have been confirmed in writing by ourselves.

 

3.2 In the case of external brochures used for booking (e.g. brochures for specific localities and hotels) these shall only be of an informative nature and not binding, and no guarantee is given for their content.

 

3.3 Where a tour is not described differently in the brochure our prices include the following:

a) a German tour guide and if required by regulation in various countries a national tour guide.

b) the parking site fees for use of various parking sites on the tour offered, normally with power hook-up (power for lighting).

 

4. Deviations from services and changes in price

 

4.1 Any deviations in individual tour services from the agreed content of the tour contract which become necessary after conclusion of the contract but before your tour commences, which do not give rise to deficiencies and which are not attributable to our fault are permitted where the deviations are of a minor nature and the overall form of the tour booked is not adversely affected.

 

4.2 Changes in price after conclusion of the contract shall only be permissible if there is a period of more than 4 months between the time at which the contract is concluded and the commencement of the tour. This shall not apply for transport tariffs, e.g. ferry tariffs, motorway tolls, excursion buses etc. and parking site charges. If we notify you of a permissible change in price which exceeds 10% of the tour price you shall be entitled to withdraw from the tour contract without having to make any payment. The withdrawal must be declared without delay in writing.

 

5. Withdrawal by the customer

 

5.1 You may withdraw at any time prior to commencement of the tour. You should do this in your own interest as far as possible in writing and to provide evidence. The criterion for validity is receipt of your declaration of withdrawal by our office in Leverkusen – including notification by telephone.

5.2 If you withdraw from the tour contract we shall be entitled to charge a reasonable amount of compensation for each participant registered or to demand compensation in accordance with the following list: up to 60 days before commencement of the tour € 50.00 per person

Between 59 and 46 days 25 % of the tour price

Between 45 and 31 days 50 % of the tour price

Between 30 and 20 days 80 % of the tour price

 

5.3 From 19 days prior to commencement of the tour the full tour price shall be payable as it shall be if you fail to show up for the tour without notifying us or cancel your booking on the day of departure, or where relevant no reimbursement shall be made.

5.4 The tour price does not include travel cancellation insurance. Each participant registered shall receive an insurance application form and may take out the travel cancellation insurance directly. Evidence of insurance must be kept in a safe place. In the case of a claim the evidence must be submitted to the insurer with the booking documents (see reverse of identity document). We must also be notified in writing - without delay – of withdrawal from the tour and an application must be submitted for cancellation of the tour.

 

6. Services not taken up

 

If the tour participant does not take up part of or all the tour services and force majeure, impossibility or inadequate fulfilment does not apply, we reserve the right to claim the tour price.

 

7. Termination of tour contract

 

7.1 If the tour is subject to major difficulties, is at risk or is impaired owing to force majeure not foreseeable when the contract was concluded (e.g. war, strikes, civil unrest, natural disasters) both you and we will be entitled to terminate the contract.

7.2 The tour contract may be terminated by the tour operator at any time for an important reason without the need to give notice provided a situation applies where it cannot reasonably be expected of the tour operator that he continue with the contract, taking account of all circumstances of the particular case and weighing up the interests of the two parties to the contract. Tour guides shall be authorised to declare termination. An important reason may apply under certain circumstances if the tour participant does not satisfy the special tour requirements made known beforehand or if the tour participant through his conduct persistently disturbs or endangers the progress of the tour and does not or cannot rectify this even after a warning. If termination is declared you will be reimbursed the tour price paid. With respect to the services rendered by us we shall be entitled to claim pro rata compensation with due regard to clause 6.

7.3 If the tour advertisement in our brochure provides for a minimum number of participants we may terminate the tour contract by 4 weeks prior to the confirmed departure date if this minimum number is not reached. We will in any case notify you thereof without delay after the condition for non-implementation of the tour has taken effect, we will forward the declaration of withdrawal without delay and we will reimburse without delay the tour price paid. No further claims can be made.

 

8. Warranty

 

8.1 We are obliged to implement the tour in such a way that it has the features promised and does not display deficiencies which cancel out or reduce its value or its suitability in relation to the usual or contractually stipulated benefit. We guarantee in particular:

a) conscientious preparation of the tour

b) careful selection and supervision of the service providers

c) the accuracy of the description of services

d) the proper rendering of the agreed tour services according to what is usual locally in the individual country and place of destination.

8.2 If the tour or a tour service is only inadequately rendered you will be entitled under Article 651 BGB (Germany Civil Code) to demand rectification unless the costs of the rectification are disproportionate in relation to the deficiency which is the subject of the complaint. In such a case we will be entitled to reject the demand for rectification. Furthermore the costs for any rectification will be borne by us.

8.3 If we fail to provide any rectification within a reasonable period set by you, if we declare that rectification is not possible or if immediate rectification is necessary in your particular interest you may,

a) under Article 651 BGB, perform the rectification required under the circumstances yourself and at our expense or,

b) under Article 651 e BGB, terminate the tour contract by written declaration as far as possible if you can no longer reasonably be expected for an important or identifiable reason to continue the tour on account of the deficiency which is the subject of complaint. This shall also apply if, owing to failure to render the tour service, the tour is considerably impaired. You will of course be entitled to claim return transport in such a case where this was part of the contract. Any extra costs incurred will be borne by us. We are however entitled to demand reasonable compensation for services which have already been rendered or

have to be rendered to terminate the tour where such services were in some way of interest to you.

8.4 If we render an inadequate tour service you will be entitled under Article 651 d BGB to demand a reduction in the tour price for the duration of the deficiency unless you have culpably failed to give notification of the deficiency.

 

9. Compensation, limitation of liability

 

9.1 Contractual limitation of liability:

Our liability as tour organiser is limited in any case – for whatever legal reason – in all to the amount of 3 times the tour price for material damage, and for personal injury to the amount of 4 times the tour price.

1. where damage to a tour participant is caused neither by our wilful action nor gross negligence or

2. where we are responsible for damage caused to the tour participant by the fault of a service provider alone.

9.2 Liability where external services are procured:

For cases of damage connected with services which we merely procure as external services (e.g. actual condition of overnight sites, quality of the restaurant and the food and drinks served, bus trips, boat trips and excursions) and which are expressly identified in the tour description and confirmation as external services we shall not be liable for any fault on the part of the organiser rendering the external service even where our tour guide is involved in these special events. We are liable only for the proper procurement of the service and not for the rendering of the service itself, e.g. excursions, guided tours, sporting and other special events where they are expressly described as external services of external service providers and are merely procured by the local tour guides and representatives. I.N. TOURISTIK is, for example, responsible for the presence of a tour guide locally, but does not give any guarantee of the quality of such persons. In particular the excursions and other events which are indicated in the detailed tour programmes and which are identified as "opportunity" are exclusively services of external service providers. Details of procured services provided by external service providers are based exclusively on the details they have given to I.N. TOURISTIK and they do not constitute a promise by I.N. TOURISTIK to the tour participant. Each participant travels and acts at his own risk.

 

10. Obligation to co-operate

 

Where there are possible disturbances to the service you shall be obliged to do everything which can reasonably be expected of you within your statutory obligations to help rectify the disturbance and to minimise possible damage caused. In particular you shall be obliged to notify the tour guide without delay of your complaints. The tour guide is instructed to ensure rectifying action is taken where this is possible. If you so demand our local tour guide will keep a record of the individual complaints. The tour guide or agency does not have any further powers, especially with regard to making legally binding declarations. If a local tour guide cannot be reached or if it is not possible to rectify the disturbance to the service complaints must submitted as far as possible in writing without delay to the service provider or to us. If you fail to meet your notification obligations (where the fault is yours) you will not be entitled to claim a reduction.

 

11. Exclusion of claims

 

Any claims by you under the warranty or for compensation must be lodged with us in accordance with Article 651 g BGB within one month of the contractually specified end of the tour. This should be done as for as possible in writing in order to provide evidence. After this deadline has expired you may only enforce claims if you have been prevented through no fault of your own from complying with the deadline.

 

12. Passport, visa, customs, currency and health regulations

 

You shall yourself be responsible for complying with the above regulations.

 

13. Legal venue

 

The place of performance and fulfilment for you is Leverkusen. The legal venue for registered traders, for persons who have no general legal venue within the country and for persons who have moved their domicile or usual place of residence abroad after conclusion of the contract or whose domicile or usual place of residence is not known at the time the action is brought shall be Leverkusen.