I. General Duty of Information concerning the operating air carrier
The EU regulation No. 2111/2005 from December, 14th 2005 commits amongst others tour operators and travel agencies to inform its clients about the identity of each operating airline prior to the contracted air carriage service, as soon as this has been determined. Should the operating airline change after the booking has been made, the client has to be informed immediately.
II. Negotiation of single performances
Should we mediate external services only, e.g. tickets, separate hotel accommodation, etc. we are only liable for the proper mediation of the service, not for the service as such. In the case of purely negotiating tickets, the total price as well as a lump sum handling charge (regularly € 10) becomes immediately due. A special confirmation for the case that the organizer goes bankrupt [in the following referred to as “Sicherungsschein”] is not required in these cases. Due amounts can differ from the imprinted ticket price (face value). At several events it is nowadays almost impossible to obtain tickets without advance booking fees and mediator or further mediators and the related additional costs. Sometimes less attractive tickets need to be purchased to allow us to obtain the attractive ones for you. Please take into consideration that tickets can neither be exchanged nor cancelled. Tickets will only be issued when the operator or mediator
has provided them, at the earliest after full payment. Generally tickets will only be available at the venue, thus minimizing postage risk.
III. Provisions for package tours
1. Conclusion of the travel contract You offer us the conclusion of a travel contract when you register for a journey with us. You are bound to this offer pending acceptance by us, however for a maximum of sixteen days as from our receipt of your declaration submitted to us. The travel contract will become effective only if your registration has been confirmed in writing to you or to the travel office or agency employed by you. Agreements for alterations or amendments in relation to the performances described in the catalogue or in the flyer as well as to the general terms and conditions require an explicite agreement with us. Travel offices and agencies are not authorized to make assurances deviating from the contents of the catalogue including the general terms and conditions or to conclude any agreements for an alteration or amendment.
For the performances of our travels please see our booking confirmation, completed by the quotations as long as referred to.. Double rooms include one double bed or two single beds. When we offer you half a double room this is subject to the booking of a second person of the same gender. Otherwise by the closing date for registration, we will confirm your booking of a
single room at the standard price supplement. This is also the case for rooms with several beds in. Should our travel services include event tickets; these will only be distributed at the point of destination. If you chose not to take advantage or use individual services, there are no rights of refund.
3. Changes in the programme
As our trips and offers need to be generally planned well in advance of the event, it is necessary from time to time, to make amendments to the programme at short notice. Changes in the playing venue, and unforeseen happenings or flight timetable changes can influence our programmes. Parties or discussion rounds, may have to be replaced by other programmes or rescheduled or the athletes and show stars listed be exchanged. We will inform you in all conscience and will do our utmost in cases of necessary changes to keep them as small as possible to not change the overall design of the trip booked. Should these changes be to the extentthat they will cause claims from your side, these remain intact.
4. Payment of the travel price
With the conclusion of the travel contract, a down payment amounting to 25 % of the travel price per person registered becomes due against handing out a “Sicherungsschein” (a confirmation for the payments made to protect against insolvency of the Organizer). The company acting as security provider for Vietentours is: Insurance Company r+v Allgemeine Versicherung AG Taunusstraße 1, 65193 Wiesbaden, Germany. The remainder of the travel price is to be paid until seven weeks prior to the beginning of the tour without any further request. In the case of bookings after this date, the travel price becomes due immediately when the “Sicherungsschein” is handed over. The dispatch of the documents will be carried out approximately two weeks prior to the event, however not before the complete payment has been made.
5. Changes of price
We are allowed to increase the travel price if the following price components will be increased or newly created after the conclusion of the contract, on account of circumstances beyond our control which were unforeseen for us: Foreign exchange rates for the trip affected, transportation costs (particularly due to increases of the oil price), harbour and airport taxes as well as security fees in conjunction with the transport; entry or stopover fees. Price increases, however, are only permissible if more than four months have passed between conclusion
of the contract and beginning of the travel. We are permitted to increase the travel price only to the extent that corresponds to the increase in the above-mentioned price components and their effect on the costs of the travel. We are obliged to specify and to furnish evidence of the reasons and the extent of the price increase on your request and to inform you without delay after having obtained knowledge of the reason for change, however at the very latest three weeks prior to the beginning of the journey. You are entitled to withdraw from the contract without any charge if the travel price is increased by more than 5%, or to demand from us the participation in an at least equal other travel if we can offer this without additional price for you from our offers. The withdrawal or request for a participation in another travel must be effected without delay.
6. Minimum number of participants – withdrawal prior to the beginning of the travel
We are – until two months before the beginning of the journey – allowed to withdraw from the travel contract if a contractually agreed minimum number (normally ten persons) has not been reached. In that case you will be reimbursed the price paid. Instead you may demand to join one of our other trips, provided we are able to arrange this at no extra charge. You can withdraw from the travel contract at any time before the beginning of the journey. In this case we are by law entitled to demand a compensation for the withdrawal from the contract. It is our choice (that we cannot change without your acceptance after having mailed the reversal invoice) to either place a concrete calculation of the compensation for the withdrawal or request the following lump sum as a cancellation compensation: up to and including 90 days prior to the beginning of the travel 30%, up to and including 30 days prior to the beginning of the travel 50%, up to and up to 10 days prior to the beginning of the travel 75%, thereafter 90% of the travel price. The relevant date for the calculation of the period of time is the receipt of the notification of withdrawal. You are entitled to prove a lower financial loss or no loss at all. We also refer to section 651b of the German Civil Code (BGB) (Transfer of contract prior to commencement of the travel package).
7. Termination in case of special circumstances
Both you and we can give notice of termination of the travel contract if the journey is substantially made difficult, is jeopardized or impaired on account of Acts of God, for example war, terror, epidemics, natural disasters, mandatory measures, which were not foreseeable when concluding the contract. With regard to termination by the traveller for defect cf. item 9.
We can terminate the travel contract because of important reasons before or during the journey if you fail to meet the requirements of the journey or if you for a prolonged time disturb or impair or jeopardize the course of the journey, and if this is not remedied or cannot be remedied after a warning has been given, so that your continued participation is no longer bearable for us and/or the other participants of the journey. Extra costs, if any, for the return trip must be borne by you yourself. Our travel guides and local representatives are authorized to terminate the contract.
8. Insurance cover
Insurance cover is not included in the price for the journey. Generally, we recommend the conclusion of a combined Travel Accident-, Travel Liability-, Baggage-, Travel Emergency Call- and Travel Health Insurance including supporting performances during travels and expenses for return transport through the insurance company: Europäische Reiseversicherung AG Rosenheimer Str. 116, 81669 Munich, Germany.
9. Duties and rights in the case of a journey with a deficiency
You can demand redress if the performance owed by us has a deficiency. We can refuse redress if this requires disproportionately high expenditures. You can arrange for redress yourself and demand reimbursement of the expenditures incurred if we fail to arrange redress within a reasonable period of time determined by you. Setting a deadline is unnecessary if we refuse redress or if the immediate redress by you is made imperative on account of a special interest under extraordinary circumstances. You shall be entitled to a reduction in the travel price for the duration of non-contractual travel services. This claim shall cease to be valid if you culpably fail to notify us of the defect. If the trip is substantially impaired owing to a defect or if it would be unreasonable, for good cause, to continue your trip, you shall be entitled, in the framework of the statutory regulations, to terminate the travel contract. You shall, however, grant us a reasonable prior period within which to provide a remedy. No period of notice is required if it is not possible to provide a remedy, if we refuse to provide a remedy or if immediate termination of the contract is warranted by special interests of the traveler. Demands for redress and notification of deficiencies are to be addressed to the local travel guide or, as far as possible and reasonable, to us directly. Our local representatives are, however, not authorized to acknowledge claims with binding effect for us.
10. Restrictions of liability
Our contractual liability for damage or financial losses arising from the travel contract, which are not physical injuries, is limited to three times the price for the journey for the respective participant, as far as:
a. a damage has not been caused by gross negligence nor wilfully, or
b. we are to be made liable for a damage caused to you on account of the fault of a agent for a performance alone. Our liability for damages resulting from illegal action which are not bodily harms is limited to the threefold travel package price for the participant concerned unless intention or gross negligence are existent. The available scope of liability for tortious acts shall, however, cover an amount of at least €4,100.
11. Preclusion period – Statute of limitation
a. Contractual claims due to complete or partial non-fulfilment or inadequate performance of travel services must be claimed from us (for address see §16) within one month after the contractually intended termination of the trip. After the deadline, claims can only be asserted if you were hindered from meeting the deadline without your own fault.
b. Contractual claims which relate to physical injuries or which are based on intent or gross negligence expire after two years. Otherwise, the claims mentioned under § 11 a. expire after one year. The limitation period shall commence running on the final day of the journey envisaged in the contract.
12. Visa, passport and health requirements
In our information regarding passport and visa requirements and the necessary health formalities, we assume that you are citizen of the EU member state from where your booking has been made. In all other cases we would ask you to address your competent consulate. Please inform yourself also in due time about vaccination protection and protection against infections as well as other prophylactic measures, also with regard to the thrombosis risk in the case of prolonged flights and obtain, if required, medical advice. In particular health centers, physicians with experience in the travel medical sector, information services, physicians specialized in tropical medicine and the Federal Center for Health Information may be expected to provide the necessary information.
13. Data protection
We will save your data (address, as well as – if communicated – personal data and e-mail address) for the dispatch of our catalogue, maintenance of the current customer relationship and implementation of the contract. For the purpose of asserting your legal rights a short message to the address stated in section 16 of these Terms and Conditions is sufficient.
14. Validity of the statements in the internet
The announcement on the website can only consider unbreakable facts as stipulated at the time of printing and updating respectively. Alterations in this respect or corrections due to misprints and errors are possible. Please understand that we do not conclude a contract based upon identified faulty announcements.
You are politely advised that special rules apply regarding the taking of fan articles and cameras into the stadiums and generally there is an alcohol ban. Additionally, the legal regulations apply to the extent to which German law may be applicable in particular §§ 651a et seqq. BGB.
16. Tour Operator
Bussardweg 18, 41468 Neuss (near Düsseldorf), Germany
Phone: +49 – 211 – 17 7000, Fax: +49 – 211 – 17 700 17
Internet: www.vietentours.de, E-mail: firstname.lastname@example.org
Seat: Neuss, Local Court: Neuss, HRB: 14582 VAT-ID No. DE 120 583 427
General Managers: Wolfgang Vieten, Ingo Frieske