General travel conditions of Jan Gebauer Travel Company
1. CONCLUSION OF THE TRAVEL CONTRACT
1.1 With the registration/booking, the customer offers Jan Gebauer Travel Company (“Tour Operator”) the binding conclusion of a travel contract for the specified persons. The booking can be made in writing, verbally, by telephone, fax, electronically (e-mail/internet) or via a travel agent. The contract is concluded by the acceptance of the organiser. This does not require any special form. Upon or after conclusion of the contract, the Tour Operator shall send a written booking confirmation by e-mail (also by post if requested by the Customer) showing all due costs. In the case of a booking made electronically, the receipt of the customer’s booking (travel registration) will be confirmed immediately by electronic means (confirmation of receipt); this confirmation of receipt does not yet constitute a booking confirmation.
1.2 The customer is responsible for all contractual obligations of fellow travellers for whom he makes the booking, as for his own, insofar as he has assumed this obligation by express and separate declaration.
1.3 The travel contract comes into effect upon receipt of the booking confirmation (acceptance of the travel registration) by Jan Gebauer Travel Company, for which no special form is required. Upon or immediately after conclusion of the contract, Jan Gebauer Travel Company shall send the customer a booking confirmation/invoice in writing or in text form together with the security note in accordance with § 651k BGB (German Civil Code).
1.4 If the content of the confirmation deviates from the registration/booking, a new offer is available from the Tour Operator to which he is bound for a period of 10 days or until the start of the journey. The contract is concluded with the content of this new offer, if the customer declares acceptance to the organizer within the commitment period or starts the trip. This can be done in writing, orally or by making payment.
1.5 Identity of the operating air carrier
Regulation (EC) No. 2111/2005 on informing passengers of the identity of the operating airline obliges Jan Gebauer Travel Company to inform the customer of the identity of the operating airline of all air transport services to be provided within the scope of the booked trip at the time of booking.
If the operating airline has not yet been determined at the time of booking, Jan Gebauer Travel Company is obliged to inform the customer of the airline or airlines that will probably operate the flight.
As soon as Jan Gebauer Travel Company knows which airline will operate the flight, Jan Gebauer Travel Company must inform the customer. If the airline named to the customer as the operating airline changes, Jan Gebauer Travel must inform the customer of the change. Jan Gebauer Travel Company must immediately take all reasonable steps to ensure that the customer is informed of the change as soon as possible. In the context of code sharing, it is possible that the airline named by Jan Gebauer Travel Company may have the flight performed in whole or in part by affiliated airlines. Jan Gebauer Travel Company will inform the customer as soon as possible. This does not imply a change in service.
2.1 Payments of the tour price before the end of the tour may only be made after receipt of the security note within the meaning of § 651k para. 3 BGB (German Civil Code). If payment is made by credit card or PayPal, the payment shall be released upon acceptance of the travel contract by the Tour Operator and the security note shall be sent to the Tour Operator at the same time.
2.2 Upon conclusion of the contract and receipt of the security note, the full tour price shall become due and payable within 10 days of the printed invoice date, but no later than the commencement of the tour.
2.3 If the customer does not make the payment according to the agreed payment due dates, the tour operator is entitled to withdraw from the travel contract after issuing a reminder with a deadline for payment and to charge the customer with cancellation costs in accordance with section 5.1 ff.
2.4 For additionally concluded travel cancellation costs or other insurances, the agreed premiums are due upon payment of the travel price. This shall also apply to any cancellation, rebooking and other processing fees specified in the General Terms and Conditions.
3. SERVICES AND CHANGES IN SERVICES
3.1 The individual contractual services owed by Jan Gebauer Travel Company result from the travel confirmation (see section 1.1) supplemented by the underlying invitation to tender in connection with the brochure valid at the time of the trip or the travel invitation on the website of Jan Gebauer Travel Company (https://morocco-adventures.com) or the offer subject to all the information contained therein notes and explanations.
3.2 Employees of service providers (e.g. hotels) as well as travel agents are not authorized by Jan Gebauer Travel Company to give assurances or information as well as to make agreements that go beyond or contradict the travel advertisement or the booking confirmation of Jan Gebauer Travel Company or change the confirmed content of the travel contract.
3.3 With regard to the travel tender, Jan Gebauer Travel Company expressly reserves the right in accordance with § 4 Para. 2 GERMAN CIVIL CODE – Information Duty Ordinance to declare a change to the tender for objectively justified, substantial and unforeseeable reasons before conclusion of the contract.
3.4 Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which were not brought about by Jan Gebauer Travel Company in breach of good faith, are only permitted if the changes or deviations are not substantial and do not impair the overall layout of the booked trip.
3.5 In the event of a substantial change in an essential travel service or a price increase of more than 5% of the travel price, the customer is entitled to withdraw from the travel contract free of charge or to demand participation in a trip of at least equal value if the organiser is able to offer such a trip from his offer without additional costs for the customer. The customer must assert these rights immediately after declaring the change or increase.
3.6 We insure each trip according to § 651k BGB (German Civil Code). Additional insurances, such as travel health insurance, travel cancellation insurance, etc., are not included in the tour price. We recommend that you take out the desired insurance through an appropriate insurance company.
4. PRICE CHANGES
4.1 Jan Gebauer Travel Company reserves the right to change the agreed travel price after the conclusion of the travel contract only in the event of an increase in transport costs or charges for certain services, such as port or airport charges, which has actually occurred retrospectively and was not foreseeable at the time of the conclusion of the contract, or a change in the exchange rates applicable to the relevant trip, to the extent that the increase per person has an effect on the travel price if more than four months lie between the conclusion of the contract and the agreed commencement of the trip. Should this be the case, the customer will be informed immediately. Any price increase requested from the 20th day prior to the agreed departure date shall be ineffective.
5. RESIGNATION OF THE CUSTOMER
5.1 If the customer withdraws from the travel or seminar contract, the receipt of the declaration of withdrawal by the Tour Operator is decisive. It is recommended to declare the withdrawal in writing.
5.2 In the event of rescission, the Tour Operator may, insofar as he is not responsible for the rescission or there is a case of force majeure, demand reasonable compensation for the travel arrangements made up to the time of rescission and his expenses. The amount of the compensation is calculated on the basis of the tour price less the value of the expenses usually saved by the tour operator and what he can acquire by using the travel services for other purposes. The Tour Operator may calculate this claim either as a lump sum or concretely at his discretion. Jan Gebauer Travel Company may claim the following lump-sum cancellation compensation instead of the specifically calculated compensation claim. The lump sum is calculated according to the total travel price of the customer concerned and the time of receipt of the notice of withdrawal by the organiser and can be demanded as follows:
For air package tours as a percentage of the tour price: Up to 46 days before the start of the tour 20%, 45th to 30th day before the start of the tour 25%, 29th to 15th day before the start of the tour 35%, 14th to 7th day before the start of the tour 50%, 6th to 2nd day before the start of the tour 70%, from 1 day before the start of the tour or in case of no-show 90% of the tour price.
For package tours with own arrival as a percentage of the travel price: Up to 46 days prior to departure 10%, from 45 to 30 days prior to departure 15%, from 29 to 15 days prior to departure 30%, from 14 to 7 days prior to departure 50%, from 6 to 2 days prior to departure 70%, from 1 day prior to departure or no-show 90% of the travel price.
In addition, the price of brokered services (e.g. insurance, visa, flight) may be charged in full.
The customer is at liberty to prove that the organizer has incurred no or only a significantly lower damage than the amount of the demanded flat rates.
5.3 The Tour Operator reserves the right to demand a higher, concrete compensation instead of the above flat rates. In this case, the Tour Operator is obliged to quantify and substantiate the claimed compensation taking into account the saved expenses and any other use of the travel services.
6. REBOOKINGS / SUBSTITUTES
6.1 If, at the customer’s request, changes are to be made after the travel has been booked (changes to the travel date, destination, place of departure, accommodation and mode of transport), the Organiser may charge a flat-rate rebooking fee of € 30. The customer is not legally entitled to rebooking. Rebooking changes are only possible up to the 35th day before departure. Thereafter, changes, if their implementation is possible at all, are only possible after prior withdrawal from the travel contract under the aforementioned conditions and with simultaneous re-registration by the customer, since Jan Gebauer travel companies usually incur the same costs for a rebooking as for a withdrawal. In any case, the customer has the right of proof of no or only a significantly lower damage.
6.2 Until the start of the trip, the traveller can demand according to § 651 b BGB (German Civil Code) that a third party takes his place in the rights and obligations arising from the travel contract. The processing fee for this is 30 €, whereby the customer has the right to prove no damage or only a significantly lower damage. The organiser can object to the entry of the third party if this does not meet the special travel requirements or if its participation is contrary to statutory regulations or official orders. If a third party enters into the contract, he and the traveller shall be jointly and severally liable to the tour operator for the tour price and the additional costs incurred as a result of the entry of the third party. The customer is at liberty to prove that the Tour Operator has incurred no or only a significantly lower loss than the amount of the lump sums demanded.
7. RESIGNATION AND TERMINATION BY JAN GEBAUER TRAVEL COMPANY
7.1 Jan Gebauer Travel Company can withdraw from the contract up to 14 days before the agreed start of the trip due to non-achievement of the number of participants, if the minimum number of participants (MTZ) was quoted in the respective travel/seminar announcement and the point in time was stated by which the declaration of withdrawal must have been received by the traveller before the contractually agreed start of the trip at the latest, and the MTZ and the latest cancellation period were stated again in the travel confirmation and these details were clearly and legibly pointed out. The customer will then receive the paid travel price back.
7.2 If the trip is considerably impeded, endangered or impaired by force majeure which could not have been foreseen when the contract was concluded, both the tour operator and the traveller may terminate the contract. The legal consequences result from the law (§§ 651j, 651e Abs. 3 S. 1 und 2, Abs. 4 S. 1 BGB – GERMAN CIVIL CODE).
7.3 Jan Gebauer Travel Company may terminate the travel contract for good cause without notice. Tour guides or local representatives of the Tour Operator are authorised to declare the termination. An important reason is given, if the customer, despite a corresponding warning by the Tour Operator, disturbs or behaves contrary to the contract to such an extent or violates local laws, that a continuation of the contractual relationship until the agreed termination or until the expiration of a period of notice with him is unreasonable, or otherwise behaves contrary to the contract. If the Tour Operator cancels the contract, he retains the right to the travel price, but must allow himself to be credited with the value of the saved expenses and those benefits which he obtains from any other use of the unused service, including the amounts credited to him by the service providers. The amount of the incurred costs for the compensation of the Tour Operator corresponds to the information in 5. Withdrawal of the Customer. Any additional costs for return transport shall be borne by the Stoerer himself.
7.4 The tours offered by Jan Gebauer Travel Company require a certain physical capacity from the participant due to the efforts associated with them, but also team spirit and comradely behaviour as well as the willingness to help with any problems that may arise. The prerequisites for participation are expressly stated during the respective trips. If it turns out during the trip that the traveller does not meet the requirements despite being aware of them, Jan Gebauer Travel Company is also entitled to terminate the travel contract without notice. If the Tour Operator cancels the contract, he retains the right to the tour price, but must allow himself to be credited with the value of the saved expenses as well as those benefits which he obtains from another use of the unused service, including the amounts credited to him by the service providers. Any additional costs for return transport shall be borne by the traveller himself.
8. OBLIGATION OF THE CUSTOMER/TRAVELLER TO COOPERATE
8.1 If the trip is not performed in accordance with the contract, the customer may report a defect and demand remedy. However, the customer is obliged to immediately notify his complaints to the local tour guide or to Jan Gebauer Travel Company at its registered office. If the customer culpably omits to report a defect, a claim for reduction does not arise. The Tour Operator may refuse the remedy if it requires disproportionate effort. Otherwise he can remedy the situation in such a way that he provides a substitute service of equal or higher value. If the trip is considerably impaired by a defect and the Tour Operator does not remedy the situation within the period to be set by the Customer, the Customer may terminate the contract. The customer does not need to specify a deadline only if the remedy is impossible or is refused by the Tour Operator or if the immediate termination of the contract is justified by a special interest of the traveller. The tour guide on site is instructed to provide remedy as far as possible. However, it is not authorized to recognize claims.
8.2 Jan Gebauer Travel Company urgently recommends that travel participants immediately notify the responsible airline of any damage to or delay in delivery of baggage during air travel by means of a damage report (P.I.R.) and obtain written confirmation. Airlines usually refuse refunds if the damage report has not been completed. In the event of damage to luggage, the damage report must be submitted within 7 days and in the event of delay within 21 days of delivery. Otherwise, the loss, damage or misdirection of baggage must be reported immediately to the tour guide or local representative of Jan Gebauer Travel Company or, if such is not available and contractually owed, to Jan Gebauer Travel Company.
8.3 The customer must inform Jan Gebauer Travel Company if the necessary travel documents (e.g. e-ticket receipts, vouchers) are not made available to the customer by Jan Gebauer Travel Company before the day of commencement of travel after payment of the total amount.
9.1 The contractual liability of Jan Gebauer Travel Company for damages, which are not bodily injuries, is limited to three times the tour price per tour and customer, as far as a damage of the participant is caused neither intentionally nor grossly negligently. The same applies if the tour operator is responsible for damage solely due to the fault of a service provider.
9.2 The liability of the Tour Operator for damages resulting from unlawful acts shall be limited to three times the tour price per tour and customer in the case of property damage, unless such liability is based on intent or gross negligence.
9.3 The Tour Operator is not liable for service disruptions, personal injury and property damage in connection with services which are merely brokered as third-party services (e.g. optional offers by local Tour Operators), if these services are expressly identified as third-party services in the invitation to tender and travel confirmation, stating the brokered contractual partner, in such a way that they are clearly not part of the travel services of Jan Gebauer Travel Company for the customer. The Tour Operator is naturally liable for services which include the transport of the customer from the advertised place of departure of the booked trip to the advertised place of destination, intermediate transport during the trip and accommodation during the trip as well as if and to the extent that the violation of duties of information, clarification or organisation by Jan Gebauer Travel Company has become the cause of damage to the customer.
10. SPECIAL CASE MEDIATION
10.1 If Jan Gebauer Travel Company is recognizable to the customer as providing travel programs of third party tour operators or individual third party services such as flights, rental cars or insurance, the conclusion and content of such contracts are governed by the relevant statutory provisions and any general terms and conditions of the third party contractual partner.
10.2 In case of mediation, Jan Gebauer Travel Company is only liable for the proper mediation, but not for the contractual provision of services in the mediated contract itself.
11. ENFORCEMENT OF CLAIMS
11.1 Claims according to §§ 651c-f BGB (German Civil Code) have to be asserted by the customer/traveller within one month after the contractual end of the trip against Jan Gebauer Travel Company. The period begins with the day following the day of the contractual end of the trip. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of declaration, the next working day shall take the place of such a day. The assertion can only be made within the time limit to Jan Gebauer Travel Company at the address given following the General Terms and Conditions. The declaration does not require any specific form, but the customer is recommended to assert his claims in writing for reasons of proof. After the deadline has expired, the customer/traveller can only assert claims if he was prevented from complying with the deadline through no fault of his own.
11.2 This period also applies to the registration of baggage damage or delayed delivery of baggage in connection with flights, if warranty rights under §§ 651c para. 3, 651d, 651e para. 3 and 4 BGB are asserted. A claim for damages due to damage to luggage is to be asserted within 7 days, a claim for damages due to delay in luggage within 21 days after delivery.
11.3 The assignment of claims against Jan Gebauer Travel Company to third parties who are not travel participants is excluded.
Contact data of Jan Gebauer Travel Company:
60389 Frankfurt am Main, Germany
12.1 Claims of the customer/traveller according to §§ 651c-f BGB (German Civil Code) arising from injury to life, body or health, which are based on an intentional or negligent breach of duty by Jan Gebauer Travel Company or a legal representative or vicarious agent of Jan Gebauer Travel Company, shall expire in two years. This also applies to claims for compensation for other damages which are based on an intentional or grossly negligent breach of duty by Jan Gebauer Travel Company or a legal representative or vicarious agent of Jan Gebauer Travel Company.
12.2 All other claims according to §§ 651c-f BGB are subject to a limitation period of one year.
12.3 The limitation period begins with the day following the day of the contractual end of the trip. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of declaration, the next working day shall replace such a day.
12.4 If negotiations between customers/travellers and Jan Gebauer Travel Company are pending regarding the claim or the circumstances justifying the claim, the limitation period shall be suspended until the customer/traveller or Jan Gebauer Travel Company refuses to continue the negotiations. The statute of limitations shall commence at the earliest three months after the end of the suspension.
13. PASS AND VISA REQUIREMENTS, HEALTH REQUIREMENTS
13.1 The Tour Operator shall inform nationals of an EU country in which the tour is offered of passport and visa requirements and health formalities (e.g. vaccinations and certificates prescribed by the police) required for the tour and stay prior to conclusion of the contract and, in the event of changes to these regulations, prior to commencement of the tour. The Tour Operator expressly refers to the relevant details in the detailed invitation to tender as well as in the information sheet for the trip in question, which will be sent after receipt of the deposit. For citizens of other countries the responsible diplomatic representation gives information.
13.2 The Tour Operator shall not be liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if the traveller has commissioned the Tour Operator with the procurement, unless the Tour Operator has violated his own obligations and is himself responsible for the delay.
13.3 The traveller is obliged to inform himself in good time about infection and vaccination protection as well as other prophylactic measures; if necessary, medical advice should be obtained. Reference is made to general information, in particular from the health authorities, travel medical information services or the Federal Centre for Health Education.
13.4 The Traveller is responsible for compliance with all regulations important for the execution of the trip. All disadvantages resulting from non-compliance with these regulations shall be borne by the traveller, unless they are caused by culpable misinformation or non-information on the part of the organiser.
14. DATA PROTECTION
14.1 The personal data provided by the customer to Jan Gebauer Travel Company will be electronically processed and used to the extent necessary for the establishment, execution or termination of the travel contract with the customer and for customer service. The Tour Operator shall comply with the provisions of the GDPR when collecting, processing and using personal data. The customer may retrieve his stored data at any time, request information about them and have them changed or deleted. By sending a message to email@example.com, the customer can also object to the use or processing of his data for advertising, market or opinion research purposes. His data will not be passed on to unauthorised third parties.
15. INEFFECTIVENESS OF INDIVIDUAL PROVISIONS
15.1 The invalidity of individual provisions of the travel contract shall not result in the invalidity of the entire travel contract.
16. APPLICATION GERMAN LAW, OTHER
16.1 Only German law shall apply to the entire contractual and legal relationship between the customer and Jan Gebauer Travel Company. Insofar as the customer is a merchant or legal person under private or public law or a person who has his place of residence or habitual abode abroad or whose place of residence or habitual abode is unknown at the time the action is filed, the place of jurisdiction shall be the registered office of the Tour Operator.
17. TOUR OPERATOR
The European Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes. Jan Gebauer Travel Company is in principle not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Contact data of the company Jan Gebauer Travel Company:
60389 Frankfurt am Main, Germany
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