General travel conditions of the company Jan Gebauer Travel Company
- CONCLUSION OF THE TRAVEL AGREEMENT
1.1 By registering / booking the customer offers Jan Gebauer Travel Company (“organizer”) the conclusion of a travel contract for the specified persons binding. The booking can be made in writing, verbally, by telephone, by fax, by electronic means (e-mail / Internet) or via a travel agent. The contract is concluded by the acceptance of the organizer. This requires no special form. Upon or after the conclusion of the contract, the organizer will send a written confirmation confirming all due costs by e-mail (on request also by post). In the case of a booking made electronically, the customer will be informed of the receipt of his booking (travel registration) immediately by electronic means (acknowledgment of receipt); This confirmation of receipt does not constitute a booking confirmation.
1.2 The customer shall be responsible for all contractual obligations of fellow travelers for whom he makes the booking as for his own, insofar as he has accepted this obligation by express and separate declaration.
1.3 The travel contract is concluded with the receipt of the booking confirmation (acceptance of the travel registration) by Jan Gebauer Travel Company, for which no special form is required. At or immediately after conclusion of contract Jan Gebauer Travel Company sends the customer a booking confirmation / invoice in writing or in writing together with the security certificate acc. § 651k BGB.
1.4 If the content of the confirmation differs from the registration / booking, a new offer of the organizer is present, to which it is bound for the duration of 10 days or until the beginning of the journey. The contract is concluded with the content of this new offer, if the customer declares acceptance or commences the journey within the binding period to the organizer. This can be done in writing, verbally or by payment.
1.5 Identity of the operating air carrier
Regulation (EC) No 2111/2005 informing passengers about the identity of the operating air carrier obliges Jan Gebauer Travel Company to inform the customer about the identity of the operating airline of all air traffic services to be provided during the booked journey at the time of booking.
If the operating airline is not yet determined at the time of booking, then Jan Gebauer Travel Company is obliged to name the airline or the airline (s) that are likely to make 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 designated as the operating airline changes, Jan Gebauer Travel Company must inform the customer about the change. Jan Gebauer Travel Company must immediately take all reasonable steps to ensure that the customer is informed as soon as possible about the change. As part of the code sharing, it is possible that the airline mentioned by Jan Gebauer Travel Company allows the flight in whole or in part by affiliated airlines. Jan Gebauer Travel Company will inform the customer as soon as possible to the knowledge. A change in performance is not connected with this.2.
2.1 The payments of the travel price before the end of the journey may only be made after receipt of the security certificate in the sense of § 651k Abs. 3 BGB. When paying by credit card or PayPal, the payment will be released upon acceptance of the travel contract by the organizer, at the same time as sending the security note.
2.2 Upon conclusion of the contract and receipt of the security note, the full travel price is due, which must be paid within 10 days of the date of the invoice, but no later than the commencement of the trip.
2.3 If the customer does not make the payment in accordance with agreed payment terms, the organizer is entitled, after a reminder with deadline for payment, to withdraw from the travel contract and to charge the customer with cancellation costs according to Section 5.1 ff.
2.4 For additional travel cancellation costs or other insurances, the agreed premiums are due upon payment of the travel price. This also applies to any cancellation, rebooking and other processing fees specified in the Terms of Service.
- SERVICES AND CHANGES
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 conjunction with the prospectus valid at the time of travel or the travel advertisement on the website of Jan Gebauer Travel Company (https://morocco-adventures.com) or the offer in accordance with all information contained therein. Hints and explanations.
3.2 Employees of service providers (eg hotels) as well as travel intermediaries are not authorized by Jan Gebauer Travel Company to provide assurances or information and to make arrangements that go beyond, contradict or confirm the travel advertisement or the booking confirmation of Jan Gebauer Travel Company Modify the content of the travel contract.
3.3 With regard to the travel contract, Jan Gebauer Travel Company expressly reserves the right to declare a change in the tenders for materially justified, substantial and unforeseeable reasons before concluding the contract according to Section 4 (2) BGB-InfoV.
3.4 Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not brought about faithfully by Jan Gebauer Travel Company, are only permitted if the changes or deviations are not significant and the overall layout of the booked travel do not interfere.
3.5 In the event of a substantial change in a significant travel service or a price increase of more than 5% of the travel price, the customer is entitled to cancel the travel contract free of charge or to require participation in an at least equivalent trip, if the organizer is in a position to do so To offer travel at no extra cost to the customer from his offer. The customer must assert these rights immediately after explanation of the change or increase.
3.6 We assure each trip according to § 651k BGB. Additional insurance, such as Travel health insurance, travel cancellation insurance, etc., are not included in the tour price. We recommend concluding the desired verbalization via a corresponding insurance company.
- PRICE CHANGES
4.1 Jan Gebauer Travel Company reserves the agreed travel price after the conclusion of the travel contract only in the case of the actually occurred subsequently and at the conclusion of the contract unpredictable increase in transport costs or taxes for certain services, such as port or airport fees, or a change of for change the rate of exchange in question to the extent that their increase per person affects the price of the trip if more than four months elapse between the conclusion of the contract and the agreed date of travel. If this is the case, the customer will be informed immediately. A price increase, which is demanded from the 20th day before the agreed departure date, is ineffective.
- WITHDRAWAL OF THE CUSTOMER
5.1 If the customer withdraws from the travel or seminar contract, the access of the resignation declaration to the organizer is decisive. it is recommended to explain the resignation by writing.
5.2 In the event of withdrawal, the organizer may, if the resignation is not responsible for him or a case of force majeure is present, a reasonable compensation for the travel arrangements and its expenses made until the resignation. The amount of the compensation is calculated according to the travel price, deducting the value of the expenses usually saved by the organizer as well as what he or she can usually purchase by otherwise using the travel services. The organizer can calculate this claim at his choice flat rate or specific. Jan Gebauer Travel Company can claim instead of the specifically calculated compensation claim the following lump sum compensation. The flat rate is calculated according to the total travel price of the customer concerned and the time of receipt of the resignation from the organizer and can be requested as follows: For flight package travel as a percentage of the travel price: Up to 46 days before departure 20%, 45th to 30th day before departure 25%, 29th to 15th day before departure 35%, 14th to 7th day before departure 50%, 6 to 2 days before departure 70%, from 1 day before departure or no-show 90% of the travel price. For package holidays with own arrival as a percentage of the travel price: up to 46 days before departure 10%, from the 45th to 30th day before departure 15%, from the 29th to 15th day before departure 30%, from the 14th to 7th. Day before departure 50%, 6th to 2nd day before departure 70%, from 1 day before departure or no-show 90% of the price.
In addition, the price of mediated services (e.g., insurance, visa, flight) may be incurred in full.
The customer remains free to prove that the organizer has incurred no or only a much lower damage than the amount of the required lump sums.
5.3 The organizer reserves the right to demand a higher, concrete compensation instead of the aforementioned lump sums. In this case, he is obliged to quantify and substantiate the required compensation, taking into account the saved expenses and any other use of the travel services.
- RESERVATIONS / REPLACEMENT
6.1 If, at the request of the customer, bookings are still to be made after the booking of the travel (changes with regard to travel date, destination, place of travel, accommodation and transport), the organizer may charge a rebooking fee of € 30. A legal claim of the customer on rebookings does not exist. Rebookings are only possible until the 35th day before departure. Thereafter, changes, if their implementation is possible at all, only after prior resignation from the travel contract under the aforementioned conditions and simultaneous registration by the customer possible, since Jan Gebauer Travel Company in a rebooking usually the same costs incurred as in a resignation. In any case, the customer reserves the right to prove no or significantly less damage.
6.2 Until the beginning of the journey, the traveler can acc. § 651 b BGB require that instead of a third party enters into the rights and obligations under the travel contract. The processing fee for this is 30.- €, whereby the customer reserves the proof of no or only a significantly lower loss incurred. The organizer may object to the entry of the third party if the latter does not meet the special travel requirements or if his participation is precluded by statutory regulations or official orders. If a third party enters into the contract, he and the traveler are liable to the organizer as joint and several debtors for the travel price and the additional costs incurred as a result of the entry of the third party. The customer remains free to prove that the organizer has incurred no or only a much lower damage than the amount of the required lump sums.
- WITHDRAWAL AND TERMINATION BY JAN GEBAUER TRAVEL COMPANY
7.1 Jan Gebauer Travel Company can cancel the contract up to 14 days before the agreed travel start because of not reaching the number of participants, if in the respective travel / seminar tender the minimum number of participants (MTZ) and the time was specified, up to which the declaration of resignation to the traveler before the contract agreed travel beginning must have arrived at the latest, and in the travel confirmation the MTZ and latest withdrawal period again specified and clearly legible to this information. The customer then receives back the paid travel price.
7.2 If the journey is made considerably more difficult, endangered or impaired by force majeure, which was unforeseeable upon conclusion of the contract, both the organizer and the traveler can terminate the contract. The legal consequences follow from the law (§§ 651j, 651e (3) p. 1 and 2, para. 4 p. 1 BGB).
7.3 Jan Gebauer Travel Company can terminate the travel contract for an important reason without observing a notice period. Tour guides or local representatives of the organizer are authorized to explain the cancellation. An important reason is given if the customer persistently disturbs despite a corresponding warning by the organizer or behaves contrary to the contract or violates local laws, that a continuation of the contract until the agreed termination or expiration of a notice period with him unreasonable is or otherwise behaving in breach of contract. If the organizer terminates the contract, he reserves the right to claim the travel price, however, he must be credited with the value of the saved expenses as well as the benefits he derives from any other use of the unused service, including the amounts credited to him by the service providers , The amount of the costs for the compensation of the organizer correspond to the information in 5. Resignation of the customer. Any additional costs for a return transport shall be borne by the disturber himself.
7.4 The tours offered by Jan Gebauer Travel Company require a certain amount of physical resilience due to their efforts, but also team spirit and comradeship behavior, as well as willingness to help with any problems that may arise. The conditions for participation are expressly indicated in the respective trips. If it turns out during the trip that the traveler does not meet the requirements despite their knowledge, Jan Gebauer Travel Company is also entitled to terminate the travel contract without notice. If the organizer terminates the contract, he reserves the right to claim the travel price, however, he must be credited with the value of the saved expenses as well as the benefits he derives from any other use of the unused service, including the amounts credited to him by the service providers , Any additional costs for a return transport shall be borne by the traveler himself.
- PARTICIPATION OF THE CUSTOMER / TRAVELER
8.1 If the journey is not performed in accordance with the contract, the customer can report a defect and request a remedy. The customer is obliged, however, to notify his complaints immediately to the local tour guide or to Jan Gebauer travel events at his registered office. If the customer culpably fails to report a defect, the claim for reduction does not apply. The organizer can refuse the remedy if it requires disproportionate effort. Otherwise, he can remedy the situation in such a way that he provides an equivalent or higher equivalent compensation. If the journey is significantly impaired by a defect and the organizer does not remedy this within the period to be set by the customer, the customer may terminate the contract. The determination of a deadline by the customer is not required only if the remedy is impossible or is denied by the organizer or if the immediate termination of the contract is justified by a special interest of the traveler. The tour guide on site is tasked to provide remedy, as far as possible. However, she is not authorized to recognize claims.
8.2 Damage or delays in the delivery of baggage during flight trips Jan Gebauer urgently recommends to inform the tour operator immediately on the spot by means of a notice of damage (P.I.R.) to the responsible airline and to obtain a written confirmation. Airlines usually refuse refunds if the claim has not been completed. The damage report is to be refunded within 7 days in the event of luggage damage and within 21 days after delivery. Incidentally, the loss, damage or misdirection of luggage is immediately the travel guide or local representative of Jan Gebauer Travel Company, or if such is not available and contractually owed, to report Jan Gebauer Travel Company.
8.3 The customer must notify Jan Gebauer Travel Company if the required travel documents (e-ticket vouchers, vouchers) are not provided to him before the day of departure after payment of the total amount by Jan Gebauer Travel Company.
9.1 The contractual liability of Jan Gebauer Travel Company for damages, which are not personal injury, is limited per trip and customer to the triple travel price, as far as a damage of the participant is caused neither deliberately nor roughly negligently. The same applies if the organizer is responsible for any damage solely due to the fault of a service provider.
9.2 The liability of the organizer for damages resulting from tort is, as far as it is not based on intent or gross negligence, limited to three times the travel price per trip and customer in case of damage to property.
9.3 The organizer is not liable for performance disturbances, personal injury and material damages in connection with achievements, which are mediated as foreign achievements only (eg optional offers of local organizers), if these achievements in the announcement and travel confirmation expressly and under indication of the mediated contract partner as Third party services are so clearly marked that they are not recognizable for the customer as part of the travel services of Jan Gebauer Travel Company. The organizer is, of course, liable for services which include the transport of the customer from the place of departure of the booked trip to the advertised destination, interim transport during the journey and accommodation during the trip, and then, if and to the extent Education or organizational duties by Jan Gebauer Travel Company has become the cause.
- SPECIAL EVENT INTERMEDIATE
10.1 If Jan Gebauer Travel Company procures for the customer expressly in foreign name travel programs of foreign organizers or individual third-party services such as flights, rental cars or insurance, the conclusion and content of such contracts in accordance with the relevant statutory provisions and any terms and conditions of the other contracting party.
10.2 In case of mediation, Jan Gebauer travel agency is liable only for the proper mediation, but not for the contractual performance in the mediated contract itself.
- PURCHASE OF CLAIMS
11.1 Claims under §§ 651c-f BGB shall be made by the customer / traveler within one month after the contractually provided end of travel to Jan Gebauer Travel Company. The period begins with the day following the date of the contractual end of the journey. If the last day of the time limit falls on a Saturday, Sunday or a general public holiday recognized at the place of declaration, the next working day shall be replaced by such day. The assertion can only be made to Jan Gebauer Travel Company at the address given after the Terms of Service. The declaration does not require any specific form, but the customer is recommended for evidence to assert his claims in writing. After the deadline, the customer / traveler can only assert claims if he was prevented from observing the deadline without fault.
11.2 This period also applies to the registration of baggage damage or delay in the delivery of baggage in connection with flights, if warranty rights are asserted from §§ 651c (3), 651d, 651e (3) and (4) BGB. A claim for damages due to damage to luggage is to be asserted within 7 days, a claim for damages due to delayed 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 details of the company Jan Gebauer Travel Company:
60386 Frankfurt am Main
- STATUTE OF LIMITATIONS
12.1 Claims of the customer / traveler under §§ 651c-f BGB from injury to life, limb or health based on intentional or negligent breach of duty by Jan Gebauer Travel Company or a legal representative or vicarious agent of Jan Gebauer Travel Company in two years. This also applies to claims for compensation for other damages based on 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 expire in one year.
12.3 The period of limitation begins on the day following the date of the contractual end of the journey. If the last day of the time limit falls on a Saturday, Sunday or a general public holiday recognized at the place of declaration, the next working day shall be replaced by such day.
12.4 Hovering between customer / traveler and Jan Gebauer Travel Company Negotiations on the claim or the circumstances giving rise to the claim, the limitation period is suspended until the customer / traveler or Jan Gebauer Travel Company refuses to continue the negotiations. The statute of limitations occurs at the earliest three months after the end of the inhibition.
- FOR TRAVEL: PASS and VISA REQUIREMENTS, HEALTH RULES
13.1 The organizer shall inform nationals of an EU state in which the travel is offered of passport and visa requirements and health formalities (eg vaccinations and certificates required by the police) necessary for travel and residence prior to the conclusion of the contract and Changes to these regulations before departure. The organizer expressly refers to the relevant information in the detailed tender as well as in the information sheet for the relevant trip, which will be sent after receipt of the deposit. The competent diplomatic representation provides information for nationals of other states.
13.2 The organizer is not liable for the timely granting and receipt of necessary visas by the respective diplomatic representation if the traveler has commissioned the organizer with the procurement, unless the organizer violates his own obligations and is even responsible for the delay.
13.3 The traveler is obliged to inform himself in time about infection and vaccination protection as well as other prophylactic measures; if necessary, medical advice should be sought. Reference is made to general information, in particular to the health authorities, travel medical information services or the Federal Center for Health Education.
13.4 The traveler is responsible for complying with all regulations that are important for the travel. All disadvantages arising from non-compliance with these regulations shall be borne by the organizer, unless they are caused by culpable incorrect or non-information of the organizer.
- DATA PROTECTION
14.1 The personal data provided by the customer Jan Gebauer Travel Company are processed and used electronically, as far as it is necessary for the establishment, execution or termination of the travel contract with the customer and for customer service. The organizer shall comply with the provisions of the BDSG in the collection, processing and use of personal data. The customer can retrieve his stored data at any time, request information about it and have it changed or deleted. By sending a message to email@example.com, the customer may also object to the use or processing of his data for purposes of advertising, market research or opinion polling. A transfer of his data to unauthorized third parties does not occur.
- INACCESSION OF SINGLE PROVISIONS
15.1 The ineffectiveness of individual provisions of the travel contract does not result in the invalidity of the entire travel contract.
- APPLICATION GERMAN LAW, OTHER
16.1 Only German law applies to the entire contract and legal relationship between the customer and Jan Gebauer Travel Company. Insofar as the customer is a merchant or legal entity of private or public law or a person who is domiciled or ordinarily resident abroad or whose domicile or habitual residence is unknown at the time the complaint is filed, the place of jurisdiction shall be the registered office of the organizer.
- OPERATOR Jan Gebauer Travel Company
The European Commission provides a platform for online dispute resolution (OS), available here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to resolve 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 details of the company Jan Gebauer Travel Company:
60386 Frankfurt am Main