Terms and Conditions

1.Introduction

1.1 The following conditions are set out to regulate the general terms and conditions for this company. In addition to these conditions we refer to the relevant regulations 651 seq. BGB, which outline the contractual regulations between passengers or travelling parties and vivardo Sprachreisen Martin Janicki (known hereafter as vivardo Sprachreisen) as a travel agency and the service providers through whom bookings have been made.

1.1 vivardo Sprachreisen hereby points out to all applicants that contracts are entered into with vivardo Sprachreisen. Contacts are also entered into between the service providers indicated in each travel agreement with consideration of the general trading conditions of the respective Service Provider.

1.2 The general terms and conditions are indicated before the travel reservation has been completed. If no general terms and conditions are present (for instance regarding flights) the general terms and conditions of vivardo Sprachreisen apply. The contents of the contract with the service provider are thereby covered.

1.3 It is left expressly to the applicant to ensure they are informed of the relevant facts necessary for a travel contract if these are beyond the communicated information given by vivardo Sprachreisen in each case.

1.4 vivardo Sprachreisen is not responsible for examining the information given by Service Providers which it is associated with and is in no way responsible for the accuracy of this information unless vivardo Sprachreisen has deliberately misleadingly conveyed relevant travel information or declared false information through negligence on its part.

1.5 We have provided this data in accordance with the Federal Law for Data Protection and are hereby duly protected under the said act. We agree to forward this information to the respective tour operators.

 

2. Registration

2.1 The applicant is required to be over 18 years old and legally competent in order to make any travel arrangements, registrations and bookings.

2.2 According to Article 6 German Commercial Code (HGB) legal body and trading companies are also authorised to register.

2.3 For individuals and legal bodies equal treatment will be in effect whether they are resident in Germany or any other EU country or Switzerland.

2.4 A legal claim to travel registration does not exist through vivardo Sprachreisen and the company is authorised to refuse travel registration at its own discretion without disclosing its reasons.

2.5 The applicant must assure that she or he is authorised to act in the name that they have provided to the company and that she or he is liable for the contractual liabilities of all members of the travel party.

 

3. Terms of Contract

3.1 Bookings and contractual agreements can be issued in written form, orally or by telephone.

3.2 The applicant is bound to the booking order until it has been accepted by the company; however, this must be within 16 days of the date of application.

3.3 Acceptance can take place in writing, orally or by telephone.

3.4 The travel contract can be cancelled only through written confirmation or cancellation by the Service Provider. vivardo Sprachreisen reserves the right to acknowledge receipt of any proposed cancellation without accepting the grounds of the cancellation. Bare confirmation of the order to change the booking does not represent acceptance on the part of Vivardo Sprachreisen.

3.5 The applicant is responsible for the fulfilment of the obligation of the named persons in the travel party.

3.6 vivardo Sprachreisen is contractually obliged to properly procure the booked journey or tourist services. The provision of the booked services does not form part of the obligations of vivardo Sprachreisen.

3.7Information concerning travel arrangements is exclusively based on the information provided by the agent chosen by vivardo Sprachreisen.

3.8Regarding the services supplied, vivardo Sprachreisen is not liable for what is offered by the service providers but only for the proper dissemination of the information provided by the service provider to the applicant.

 

4. Price Adjustments

4.1 Changes to or deviations in individual travel services from the agreed contents of the travel contract which become necessary after the conclusion of the contract and which were not caused by the organising company are permitted. As long as the changes and deviations do not impair the overall character of the journey. Possibly warranty claims remain unaffected.

4.2 You must inform us 72 hours before the flight (if not otherwise indicated in your travel documents) of your exact flight details and/ or running times. If you do not do this and you miss your flight / your connections extra costs may be incurred.

 

5. Cancellation, Re-bookings, Replacement persons

5.1 You can withdraw any time before travel begins. Cancellation fees may result in you having to pay up to 100 % of the travel costs, depending on the tour operator you have booked with. In your own interest and to avoid misunderstandings we strongly recommend explaining your reasons for cancellation in writing both to the travel operator and to vivardo Sprachreisen. The period of time within which you can cancel your travel arrangements is determined by the organisation you have booked through. The transfer of an obtained booking can take place only after a booking has been cancelled and rebooked with a new contract unless the service provider offers more favourable conditions. Cancellation and or transferral fees are mentioned in the travel/trading conditions of the respective service provider. A partial compensation for services not taken in part is not possible.

5.2 If you withdraw from the travel contract or you do not take up the said journey as stipulated (for example if you miss a connecting flight and do not arrive on time) the Service Provider may provide appropriate replacements.

5.3The amount depends on the price and the cancellation charges imposed by the service provider. Unless anything different is set out in the terms and conditions of the service provider the claim to cancellation fees on the part of vivardo Sprachreisen is as follows:

For cancellations made 21 days before departure - 20 % of the total travel price is payable in cancellation fees. For cancellations made 20 – 8 days before departure – 50 % of the total travel price is payable in cancellation fees. For cancellations made 7 days before departure – 75% of the total travel price is payable in cancellation fees.

vivardo Sprachreisen requires a minimum cancellation fee of 50 euros per person for each cancellation. This amount is covered by the pre-payment fee and may be retained in such cases.

5.4 We ask you to communicate suggestions for improvement only after receipt of your travel confirmation/ cancellation and clearly state the travel order number in any correspondence. After the reservation of the journey if changes are made to travel dates or other conditions such as the accommodation, departure airport or mode of transport we make a charge of 25 euros per person up to 30 days before commencement of travel. Later changes are only possibly after cancellation of previous bookings made.

5.5 If a different person takes the place of the original person named in the booking we are entitled to charge an additional 50 euros transferral fee for each person.

5.6 If a minimum number of participants is required and not met, the organiser is entitled to cancel the travel arrangements up to four weeks prior to the start of the journey. The travel price will be immediately refunded in this case.

5.7 If it is not reasonable to undertake a journey, after all possibilities have been explored by the organiser, due to the fact that reservation earnings are so low that the costs arising from the journey are not covered, we retain the right to cancel this journey up to four weeks before its commencement provided that we offer you an alternative of equal value. No right to withdraw from the contract exists if we are responsible for the circumstances leading to cancellation or are unable to substantiate these circumstances. If you make no use of this alternative offer you will be refunded the paid travel costs without delay.

 

6. Travel Insurance

A travel cancellation insurance is not included in the travel costs. We strongly recommend that you take out a policy such as an insurance policy, which should be booked along with your journey. For your security we recommend the complete total protection policy. We have entered into a favourable framework agreement with the European Travel Insurance AG. If an insured event occurs, the Europäische Reiseversicherung AG, Vogelweide 5, 81677 Munich, is responsible. We are not involved with the organization of claims.

 

7. Payment and collection

7.1. The acceptance of an offer constitutes a travel contract between the tourist service provider and the applicant or travellers. All the terms and conditions of the particular service provider apply.

7.2. You will be invoiced directly by the service provider. The terms of payment of the respective service provider apply.

 

8. Guarantee

8.1. If a travel service is not provided or is not provided according to the terms of the contract you can request redress within a reasonable time. The service provider is entitled, by providing a service of equal or higher value, to remedy the situation. The service provider can however refuse to remedy the situation if it involves disproportionate expenditure of time or money. Upon completion of the journey you may ask for a reduction in price if the services have not been provided as set out in the contract and you have not failed to register this fact at the time. If a trip is substantially affected due to deficiencies and if the organiser does not remedy the situation within a reasonable time, or if no deadline needs to be set because it is impossible to remedy the situation or the remedy is refused, or if a termination of the contract is justifiably made by virtue of a particular reason on your part, you may, in your own interest, and preferably in writing, terminate the travel contract in accordance with legal requirements.

8.2. If any problems arise in connection with the service you are obliged by law to do everything possible to remedy the shortcomings and to reduce to a minimum any possible damage resulting. If your luggage is lost or damaged by an airline you must submit a notification of the damage (P.I.R.) to the airline responsible on the spot. In accordance with the airline’s transport conditions the notification of damage is usually a prerequisite for enforcement of your claim. We assume no liability for loss or damage to valuables or money that has been checked in.

 

9. Liability

9.1. vivardo Sprachreisen is not responsible for the achieving of results in obtaining or providing travel services, but only for ensuring that its actions as an agent are carried out with professional thoroughness. For damages in connection with our procurement activity, based on whatever legal grounds, vivardo Sprachreisen is liable to all travellers only regarding damages such as the following:

a) Damage caused by an intentional or grossly negligent breach of a contractual obligation by vivardo Sprachreisen, their legal representatives and / or agents.

b) Where vivardo Sprachreisen, before or during the implementation of the contract, guaranteed a particular aspect of the contractual services which is lacking upon completion of the contractual services.

c) Where the damage is caused by intentional or grossly negligent breach of a core contractual obligation, that is, a contractual obligation that is so important for the party/traveller that he/she would not have entered into the contract had he/she not been confident that the contractual obligation would be fulfilled.

9.2. Where vivardo Sprachreisen is responsible for gross negligence or omission according to a) and for all liabilities according to b) and c), the amount of liability is limited to triple the amount of the value of the travel service booked.

9.3. In the case of the various details of the respective travel/tourism services, we are dependent on the information that we receive from the individual service providers. vivardo Sprachreisen has no way of checking the accuracy of this information. vivardo Sprachreisen makes no guarantee as to the information being accurate, complete or up-to-date. This applies also to any other information supplied to you by vivardo Sprachreisen where that information is passed on to us by third parties. This applies also in particular to passport, visa, currency and health regulations.

9.4. vivardo Sprachreisen is also not liable for the availability of travel at the time of booking or for the provision of travel booked.

 

10. Passport, visa and health regulations

10.1. Please note the information regarding passport, visa and health regulations of the country you are travelling to; you yourself are responsible for compliance with these rules. All problems arising from non-compliance are at your expense unless we failed to inform you or gave wrong information. This information applies to the citizens of the Federal Republic of Germany, where they are in possession of an identity card or passport issued by this country. If you are a foreigner or holder of a foreign passport, you will often need to observe different regulations. Please enquire regarding these at the appropriate consulate.

10.2. We are not liable for the timely issue and delivery of the necessary visas from the respective diplomatic representatives if you have left application for them in our hands, unless the delay has been caused by ourselves.

10.3. Technical arrangements abroad are not always to German standards. It is therefore imperative to observe any instructions as to procedures.

 

11. General Regulations

11.1. All information in our brochures is published subject to legal or official permission. Details in these brochures are correct at the time of printing.

11.2. The publication of new brochures cancels all previous publications relating to the same destinations and dates.

11.3. No responsibility for misprints and miscalculations can be accepted.

11.4. The invalidity of a part of these conditions does not affect the effectiveness of the remaining regulations.

11.5. A relinquishment of claims against vivardo Sprachreisen to a third party by the applicant/traveller, including spouses or relatives, is excluded insofar as these claims are not legally established or are in dispute. This applies to both claims based on and relating to the agency contract as well as liability in tort.

11.6. The legal enforceability of the aforementioned claims of the participant by third parties in their own name is also inadmissible.

 

12. Legal Disputes with Organisers

12.1 In the case of the traveller changing his or her permanent or usual place of residence away from Germany, or where this is unknown at the time of the institution of legal proceedings, it is agreed that claims against the traveller by the organiser are to be heard by the organiser’s court of jurisdiction.

12.2. Claims against the organiser are to be made to his or her place of business.

12.3. Place of fulfilment and sole court of jurisdiction for commercial parties is the organiser’s place of business.

 

13. Court of Jurisdiction

13.1 German law is applicable.

 

vivardo Sprachreisen Martin Janicki, Berner Stieg 1, 22147 Hamburg. Februar 2009.