TERMS AND CONDITIONS FOR THE PROVISION OF TRAVEL SERVICES (I) AND THEIR OWN TRAVEL ORGANIZATION (II) FROM GERMANHERITAGE.TRAVEL AN ONLINE TRAVEL PORTAL OF TRAVEL BRIDGE (GERMANHERITAGE.TRAVEL) GMBH
Please take the time to review:
The terms and conditions below are considered as an integral part of any valid travel agreement closed between you as a traveler – hereinafter called "Customer" or "Traveler" – and Travel Bridge (germanheritage.travel) GmbH – hereinafter called "Travel Bridge" –, the tour operator.
Our Terms and Conditions complement the regulations of travel law included in §§ 651a et sqq. of the German Civil Code (BGB) and the obligation of information for tour operators according to §§ 4 – 11 of the BGB InfoV (Information Regulation of the German Civil Code). If you need any further information don’t hesitate to contact us.
I. TRAVEL BRIDGE (GERMANHERITAGE.TRAVEL) AS AN INTERMEDIATE OF TRAVEL SERVICES
1. Advice and Intermediation of travel services
The Customer authorizes Travel Bridge (germanheritage.travel) as part of a paid management service to acquire there services offered through the Travel Bridge (germanheritage.travel) site (service providers as for example airlines, railways, hotels, admission ticket and ticket reseller, etc.). For this purpose, Travel Bridge (germanheritage.travel) may require a service fee from the customer, the amount of which will be determined by the price of the services found on the website. The service fee is paid in addition to the requirements of the supplier / service provider and is due immediately. As part of the intermediation of the packaged tour, the customer only has to pay a service charge for the products listed as special services of an intermediary, unless it is individually agreed otherwise.
2. Liability of Travel Bridge (germanheritage.travel) as intermediate
Travel Bridge (germanheritage.travel) shall not be held liable for service disruptions, personal injury or damage to property arising in relation to third-party services for which Travel Bridge (germanheritage.travel) is merely the brokering agent Any claims of the clients towards the service provider are governed exclusively by the agreed contract terms between the customer and the service provider, including the terms and conditions of the service provide And must be submitted to the service provider directly.
3. Liability of Travel Bridge
When a contract between the customer and the service provider comes about through the intermediation of Travel Bridge, Travel Bridge (germanheritage.travel) is not liable for the adequate provision of the service arranged by the service provider. Travel Bridge (germanheritage.travel) may be occasionally liable for the adequate procurement of external services as part of the due diligence obligation of a prudent businessperson. The liability of Travel Bridge (germanheritage.travel) is limited to intent and gross negligence as long as the damages caused are not physical injuries. In the case of liability, it will be limited to three times the price of the service arranged.
4. Limitation Period
Claims by the traveler for noncontractual management services of the agency are to be asserted to Travel Bridge (germanheritage.travel) within one month of the contractually stipulated end of the service arranged. With the exception of claims arising from tort claims, all claims of the customer against Travel Bridge (germanheritage.travel) expire one year after the contractually stipulated end of the service arranged.
The customer can only sue Travel Bridge (germanheritage.travel) in its registered domicile. In proceedings of Travel Bridge (germanheritage.travel) against the customer, its place of residence shall prevail unless the action is brought against merchants. In this case, the domicile of Travel Bridge (germanheritage.travel) is the place of jurisdiction.
II. CONDITIONS OF TOUR OPERATING BY TRAVEL BRIDGE
1. Conclusion of travel contract
The Customer's registration/booking constitutes a binding offer for closing a travel contract. Booking must be submitted in writing, orally, by telephone or by other means of distance communication. The applicant shall be liable for the participants' contract obligations in the same way as for his/her own contract obligations, provided that he/she has assumed a corresponding separate obligation through an express and separate declaration.
The contract enters into effect through the acceptance of the customer's booking request by Travel Bridge. Acceptance requires no specific form. At or immediately after acceptance of the contract, Travel Bridge (germanheritage.travel) hands the customer the booking confirmation. If the content of the confirmation differs from the contents of the application, that is considered a new listing of the tour operator to which it is bound for a period of 10 days. The contract enters into effect on the basis of this new offer if the traveler declares his acceptance to Travel Bridge (germanheritage.travel) within the 10 day period.
Payments towards the travel price made before the end of the trip may only be requested and performed upon handover of the bankruptcy insurance policy according to § 651 k, section 3 of the German Civil Code. With agreement of the contract, a deposit of 15% of the travel price is due. Further and final payments will be due based upon a schedule delivery or receipt of travel documents, as long as the journey cannot be canceled on the grounds referred to in paragraph 7.b).
The full price of the tour can be requested, without delivery of the bankruptcy insurance policy, if the trip is no longer than 24 hours, no overnight stay is included and the travel price does not exceed 75 EUR.
In case of a nonpayment or delayed payment of the travel price or any part thereof by the Customer, Travel Bridge, with due notice of default, shall be entitled to withdraw from the contract and claim the damages as specified under clause 5.1.
3. Services and brochure
The services contracted, result from the specifications of the services included in the description, and in the booking confirmation. The information determined on the web pages of Travel Bridge (germanheritage.travel) is binding. Travel Bridge (germanheritage.travel) expressly reserves the right to inform the customer of possible changes of service and price, prior to conclusion of the contract,. A precontractual price adjustment may be necessary particularly for the following reasons:
- due to an increase in transportation costs, duties for certain services, port or airport fees, or a change in foreign exchange rates applicable to the tour occurring subsequently after the publication of the conditions;
- If the service desired by the customer and published in the specification package tour is only available through the purchase of additional contingents subsequently the publication of the specification.
- Different services, such as other specifications of the service providers, as well as special requests, change the scope of services to be provided that alter the original service scope, shall be binding only if expressly confirmed by Travel Bridge. Individual services that are not part of a package and are expressly negotiated on behalf of a third party, such as only flight, car hire, excursions and other events are not part of the services of the tour operator.
4. Service and Price Modifications
4.1 Changes or deviations of the individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract ,and were not caused by Travel Bridge (germanheritage.travel) in bad faith, are only permitted if, the changes or modifications are not substantial and do not affect the overall content of the tour .
Any warranty claims remain unaffected insofar as the changed services are flawed. Travel Bridge (germanheritage.travel) commits to inform the customer about service changes or deviations from the itinerary immediately. In the case of a consequential alteration to a substantial travel service, the customer is entitled to withdraw from the contract or to request to join an equivalent tour if Travel Bridge (germanheritage.travel) can offer such a trip whithing the price range. If necessary, the customer will be offered the opportunity to make changes at no cost.
4.2 Travel Bridge (germanheritage.travel) reserves the right to change the price agreed in the contract with an increase in transportation costs or charges for certain services, such as port or airport charges, or a change foreign exchange, whereas there are more than 4 months between contracting and departure and the circumstances leading to the change had not occurred prior to entering the agreement nor could have been foreseen by Travel Bridge, in accordance with the following rules,:
- Shall transportation costs, especially fuel costs, increase after agreement of the contract Travel Bridge (germanheritage.travel) may demand an increase to the price of the seat
- Other cases, where the transport provider per means required additional transportation costs by the number of seats in the agreed means of transport demand and the resulting increased amount for individual seats.
If the existing charges, such as port or airport fees, increase upon agreement of the contract and against Travel Bridge, the travel price may be increased by the proportionate amount. In the event of a subsequent change of the price Travel Bridge (germanheritage.travel) has the obligation to inform the traveler immediately, but not later than 21 days prior to the date of departure. Increases after that date are not allowed. If the price increases by more than 5% the customer is entitled to withdraw from the contract or request to join an equivalent tour if Travel Bridge (germanheritage.travel) can offer such a trip within the price range of the original tour.
4.3 The customer must assert the rights referred to under 4.1 and 4.2 immediately after the notification of the change of the travel service or of the price by Travel Bridge. For this purpose, a written communication is required.
5. Cancellation by the customer, rebooking, replacement of persons
5.1 The Customer may withdraw from the trip at any time prior to departure and upon receipt of the notice of cancellation by Travel Bridge. The customer has to provide the cancellation in writing.
If the customer withdraws from the contract or fails to participate in the tour, Travel Bridge (germanheritage.travel) may demand restitution for the travel arrangements and expenses incurred. The level of the restitution charge is determined by the tour price minus the expenses saved and possible further use of the services.
Travel Bridge (germanheritage.travel) a lump sum by any other use of the Services in accordance with the following breakdown near the time of withdrawal to the contractually agreed departure date, a percentage of the travel price this right, even taking into account the usual savings of expenses and the usual possibility of acquisition.
In any case, it is up to the client to prove that Travel Bridge (germanheritage.travel) did not incur in any costs in connection with the termination of the contract.
Deposits, Reservation fees, rebooking fees, change fees, late and returned check fees, revision fees, supplemental fees for international deliveries and special arrangement fees are considered Used Fees once incurred and will not be refundable.
In the case of Cancellation of our European land tours there will be a demand for compensation as follows:
- until 90 days before departure 30% of the total price
- 60 days before departure 60% of the total price
- 28 days before departure: 70% of the total price
- 21 days before arrival 80% of the total price
- up to 14 days before departure 90% of the total price
- 100% of the total price demanded as compensation claim from the 7 day before departure or failure to travel.
Other Travel components will be treated in regards to withdrawal according to the principles established under the terms and conditions of the trip.
5.2 If the customer after booking the trip requests a change for a date within the timeframe of the itinerary, under the proviso of the availability of changes in the travel date, destination, place of departure, accommodation or the means of transport or class (transfer), the tour operator is entitled to charge according to the deadlines below a rebooking fee per passenger:
- Air travel with charter or scheduled airlines
- until 90 days prior to departure 30.00 EUR
- until 30 days before departure 50.00 EUR
Requests received by customers after the deadlines for changes, may, if its implementation is at all possible, be carried out only after withdrawal from the contract on the terms under 5.1 and reengagement in a new contract.
5.3 Until the start of the trip (taking into account the time needed to organize the travel), the traveler may request that a third party enter into the rights and obligations under the customers travel contract. Travel Bridge (germanheritage.travel) may oppose the entry of the third party, if he/she not meet specific travel requirements or his/her participation may be against laws or regulations.
If a third person enters into the contract, they will be liable as well as the traveler (the original applicant) towards Travel Bridge (germanheritage.travel) with joint liability, for the travel price and additional costs originated through the inclusion of the third party into the contract.
6. Unused services
If the traveler travel does not claim specific services due to early termination of the trip or other factors, Travel Bridge (germanheritage.travel) will endeavor a reimbursement by the service providers of expenses saved. This obligation does not apply if the service is insignificant or if a refund cannot be made possible.
7. Cancellation by the tour operators
Travel Bridge (germanheritage.travel) can withdraw the contract prior to the trip or void the contract after beginning the tour, in the following cases:
- Without notice period
If the traveler severely interferes with the execution of the trip despite a warning or if he/she violates the contract to such an extent that immediate termination of the contract is justified. If Travel Bridge (germanheritage.travel) terminates the contract the traveler shall retain the right to the price of the tour, however the value of the saved expenses and the benefits he gained from any other use of the unused capacity will be forfeited.
- Up to 2 weeks prior to departure
Failure to achieve an advertised or officially specified minimum number of participants, if the minimum number of participants was advised in the description of the tour for the corresponding travel. In any case, Travel Bridge (germanheritage.travel) is obliged to inform the customer immediately after the condition for the nonimplementation of the tour occurs, and to send him the resignation immediately. Payments already received by passengers will be returned to them.
8. Termination of agreement due to exceptional circumstances
If the trip is due to unforeseeable upon conclusion of force majeure is hampered, endangered or impaired as both the Travel Bridge (germanheritage.travel) and the traveler can terminate the contract. If the contract is terminated, Travel Bridge (germanheritage.travel) may charge a reasonable compensation for services already rendered or to those to be provided in order to complete the tour. To be inquired demand compensation. Furthermore Travel Bridge (germanheritage.travel) is obliged to take the necessary measures, in particular, if the contract stipulates return transportation to repatriate the traveler. The additional costs for the return shall be borne by the parties in equal parts. Moreover, additional costs are to be assumed by the traveler.
9. Liability of Travel Bridge
9.1 Travel Bridge (germanheritage.travel) is liable under the parameters of the diligence of a prudent businessman for:
- The conscientious travel preparation;
- the careful selection and monitoring of service providers;
- the accuracy of the description of all travel services specified in the brochures unless Travel Bridge (germanheritage.travel) did not declare an amendment to the brochure in accordance with paragraph 3, before conclusion of the contract;
- the orderly provision of agreed travel services.
9.2 Travel Bridge (germanheritage.travel) is liable according to no. 11 for a debt with the person for the delivery of services.
If the trip is not provided under the contract, the traveler may demand relief. Travel Bridge (germanheritage.travel) may refuse to remedy the situation if it requires a disproportionate effort. Travel Bridge (germanheritage.travel) can remedy the situation in such a way that it provides an equivalent service.
10.2 Reduction in the price
For the duration of a nonconforming provision of travel, the traveler may request a reduction of the price (reduction). The price can be reduced by the ratio that would have existed at the time of sale, the value of travel in a faultless state and the actual value. The reduction does not apply, to the extent the traveler purposely fails to report the defect.
10.3 Termination of the contract
Does a trip get negatively impacted as a result of negligence, and Travel Bridge (germanheritage.travel) does not provide a remedy within a reasonable period of time, then the traveler can, in accordance with legal statutory requirements, rescind the travel contract by affidavit in his own interest and for preservation of evidence. The same applies if due to negligence the trip cannot be offered to the traveler, Travel Bridge (germanheritage.travel) apparent reason cannot be expected. A deadline for remedy is not only required, should the remedy is impossible or is refused by Travel Bridge (germanheritage.travel) or if the immediate termination of the contract by a special interest of the traveler is justified. The Traveler is liable towards Travel Bridge (germanheritage.travel) for the proportional travel price related to the used services, unless the used services have been of no interest for the Traveler.
Without prejudice to the right of reduction or termination, the Traveler is entitled to claim an indemnification for nonperformance, unless the deficiency of the tour is caused by circumstances for which Travel Bridge (germanheritage.travel) is not responsible.
11. Limitation of Liability
11.1 The contractual liability of Travel Bridge (germanheritage.travel) for damages, other than physical injuries, is limited to three times the price of the trip;
- provided that the damage to the traveler was not caused by intent or gross negligence, or;
- provided Travel Bridge (germanheritage.travel) is solely responsible for the damage incurred by the traveler solely because of a service provider.
11.2 In claims for damages demanded by the customer against Travel Bridge (germanheritage.travel) tort, which are not caused by intent or gross negligence, the amount for liability of Travel Bridge (germanheritage.travel) for property damage per customer and travel, will not exceed three times the price of the trip.
The customer is advised in this regard to purchase a travel accident and baggage insurance.
11.4 remain unaffected even if the liability goes there via the above limitation.
11.3 Any claim against Travel Bridge (germanheritage.travel) is insofar limited or excluded as a damage claim against the service provider can only be asserted under certain conditions or limitations or is excluded under certain conditions due to international conventions (e.g Warschauer agreement) or legal regulations based on the latter and which are applicable to the services to be delivered by the service provider.
11.4 If Travel Bridge (germanheritage.travel) needs to deal with the position of a contracting carrier, liability is governed by the provisions of the Aviation Act in connection with the international agreements of Warsaw, The Hague, Guadalajara and the Montreal Convention. These agreements usually limit the liability of the carrier for death or personal injury and loss and damage of luggage. If Travel Bridge (germanheritage.travel) is the service provider for other instances, it shall be liable under the conditions of tour operator. If Travel Bridge (germanheritage.travel) needs to deal with the position of a ship owner for a cruise trip, then the liability shall be regulated in accordance with the provisions of the Commercial Code and the Inland Waterways Act.
11.5 For external services provided by other companies that are not part of a package and are expressly negotiated on behalf of a third party, (e.g. flight only, car hire, excursions, sports and cultural events, etc.) Travel Bridge (germanheritage.travel) is only liable as an intermediary. Liability for intermediary errors is regulated under the abovementioned 11.1 to 11.4 principles.
12. Obligation to Cooperate
In case of disruptions he traveler is obliged to cooperate within the framework of the statutory provision to avoid or minimize any damage.
The traveler is obliged to immediately inform the local tour guide or the person referred to in the voucher as contact point for information. This person is asked to take remedial action, if possible. In the absence of a local tour guide, reports and demands should be addressed Travel Bridge (germanheritage.travel) at its registered office. Any premeditated failure of the traveler to report a defect, a claim for abatement or compensation does not enter into effect.
Contact Address Travel Bridge:
Travel Bridge (germanheritage.travel) GmbH
CEO: Stephan Busch
Am Büschelchen 12
34596 Bad Zwesten
Phone: 05626 – 921 89 76
Mobile: +49 171 576 1787
Fax: 05626 – 921 98 77
13. Exclusion of claims and prescription
A claim for noncontractual provision of the trip has to be made by the traveler within one month after the contractually stipulated end of the journey towards Travel Bridge. After the deadline, the traveler can assert claims if he has been prevented, without premeditation, from meeting the deadline. Separately, lost luggage must be reported within 7 days and baggage delays within 21 days after delivery.
Contractual claims of the traveler according to §§ 651cf BGB, notwithstanding those claims that are physical damages of body or damage to the health, for which Travel Bridge (germanheritage.travel) is responsible, liable or was done under gross negligence by Travel Bridge (germanheritage.travel) or its agents, expire in 12 months. The period begins with the date on which the journey should end according to the contract. If the traveler has made such claims, the limitation period is suspended until the day that Travel Bridge (germanheritage.travel) or its liability insurer rejects the claim in writing. Other claims are subject to the statute of limitations periods.
14. Passport, visa and health regulations
Travel Bridge (germanheritage.travel) is responsible for informing nationals of the country in which the tour is offered, about passport, visa and health regulations as well as any possible amendments prior to their arrival. Citizens of other countries should attain the information from the relevant consulate. Travel Bridge (germanheritage.travel) is not liable for the timely issue and receipt of necessary visas from the respective diplomatic representation, even if the traveler commissioned Travel Bridge, unless Travel Bridge (germanheritage.travel) responsible is for the delay.
The traveler is responsible for complying with all relevant instructions for the tour itself. All disadvantages, especially the payment of cancellation fees, which arise from the noncompliance with these regulations, shall be at the travelers own expense, except when they are caused by culpable misinformation or lack of information by Travel Bridge.
15. Information required for the identity of the operating air carrier
According to the EU Regulation 2111/2005 Travel Bridge (germanheritage.travel) is obliged to inform the customer when booking about the identity of the airline executing the services to be provided in connection with the booked air transportation services. If the operating airline has not been yet selected, the customer shall be informed of the likely first airline and the customer must be informed as soon as the operating carrier is established. When changing the operating airline Travel Bridge (germanheritage.travel) has to inform the customer without delay.
The information about the operating airline in terms of EC Regulation 2111/2005 does not establish a contractual entitlement to the implementation of air transport with that airline and does not constitute a guarantee, unless such an assurance results from the travel contract. Where it is agreed upon contract the organizer is entitled to change airlines.
The "Community list" of unsafe airlines published by the European Commission on the basis of EC Regulation 2111/2005 is available on the website of Travel Bridge (germanheritage.travel) orhttp://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm
(the local links to the current list to follow) and will be sent to you upon request prior to booking.
16. Invalidity of individual provisions
The invalidity of individual elements of the contract does not invalidate the entire contract.
17. Applicable law and jurisdiction
Contractual and legal relations between Travel Bridge (germanheritage.travel) and the travelers are subject to German law.
The traveler can only sue Travel Bridge (germanheritage.travel) in its domicile. In proceedings of Travel Bridge (germanheritage.travel) against the traveler the residence of the traveler is decisive, unless the action is directed against entrepreneurs or persons who have transferred their residence or habitual residence abroad after the conclusion of the contract, or whose domicile or habitual residence at the time of action is not known. In these cases, the seat of the tour operator is decisive.
www.germanheritage.travel is a portal of Travel Bridge (germanheritage.travel) GmbH
PO Box 1142
D 34594 Bad Zwesten
Tel .: +49 (0) 5626 921 89 76
Fax: +49 (0) 5626 921 89 77