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General Terms and Conditions

General Terms and Conditions

 

1. Offers, Orders, Confirmations

On the basis of our general terms and conditions GTW – GRIMM TOURISTIK WETZLAR is responsible for the offering of travel services as published in our travel catalogue. Your order can be placed in writing, verbally, by telephone or electronically. You have the right of withdrawal of contract if in respect of catalogue travel without special requirements you have not received confirmation in writing, verbally, by telephone or electronically within 14 days after receipt of the order – and for all other types of travel within 30 days after receipt of the order. The reasons for withdrawal must be given in writing and are only effective when received by GTW. Section 6 of these general terms and conditions does not apply to the foregoing type of withdrawal.

2. Payment

With the placement of orders of up to € 5,000.00, a down payment of € 150.00 and for orders in excess of € 5,000.00 a down payment of €250.00 becomes due. Where orders involving multiple travel are involved, special arrangements can be agreed. Where GTW does not accept an order, any pre-payments are refunded. On confirmation by GTW, the price of the travel will be notified in accordance with Section 11 below. The balance of the total payment must be received by GTW at the latest 14 days before the start of the travel. If these times which are allowed for payment are not observed, GTW reserves the right to send the travel documentation cash on delivery or to declare withdrawal in accordance with Section 7 of these general terms and conditions. Payments can be made by cheque or by bank transfer to the following accounts: Konto 4 829 859 at the Commerzbank, Wetzlar Branch (Bank Sort Code 515 400 37) or: Konto 8 051 410 at the Volksbank Wetzlar-Weilburg eG (Bank Sort Code 515 602 31). Please be sure to state in respect of all payments the travel destination,  the date of travel, the client number and the event number.

3. GTW Obligations

GTW undertakes to organise the travel arrangements and to safeguard the rights and interests of the client during the  preparation and realisation phases. Hotel performance descriptions are subject to respective national practices. GTW is liable for the accuracy of its own promotional material and for diligent travel preparation. GTW is not a travel organiser in the sense of the Travel Contract Law (§§ 651 a BGB).

4. Client Obligations

The client is obliged to take any action which is necessary to enable the contractual preparation and realisation of the travel arrangements. If the client violates these obligations he or she is liable for any loss or damage incurred by GTW as a result of such violation. He or she is also responsible for any violation on the part of his or her legal representative or that person who is entrusted with the fulfilment of his or her obligations to the same extent as is applicable for his or her own violation.

5. Final Participant Numbers Advice

Where flight, ship, special travel and travel to countries with visa requirements is involved we must be informed with respect to the final number of participants at the latest 6 weeks – and for all other types of travel 4 weeks – before the travel is due to start. It is possible that other periods may be stated in the travel confirmation documentation. At the same time we require room listings which show the break-down of double rooms, single rooms and/or multiple bed rooms. Any additional costs incurred as a result of the non-observance of these periods are to be born by the client. Liability on the part of GTW for any other disadvantages arising as a result of the non-observance of these periods is excluded.

6. Withdrawal/Cancellation On The Part Of The Client

If the client withdraws from the contract GTW can claim the following lump sum payments:a) if the withdrawal is received 30 days (60 days for travel to countries with visa requirements) before the start of the travel for flight, ship and special travel, reimbursement of the amount of the contractual pre-payment for each travel in accordance with Section 2 of these general terms and conditions. The governing factor is the travel confirmation documentation which regulates divergences in detail. b) where later withdrawals are involved, a processing fee of 15% of the value of the contract but at least the level of compensation outlined in a) above. The client is at liberty to provide evidence of lesser loss. Recompense for greater loss which may arise from costs relating to empty bed fees, telephone and telefax etc. is expressly reserved. In all cases the client is required to advise withdrawal in writing to GTW. The governing factor is the receipt of the withdrawal in writing in our offices.

7. Cancellation Of The contract On The Part Of GTW

GTW can withdraw from the contract before the start of the travel if the client has defaulted on payments. Withdrawal on the part of GTW is also possible if the client has defaulted on payments relating to other contracts. In all cases compensation claims on the part of GTW are subject to the provisions listed in Section 6 above.

8. Annulment Of The Contract On Account Of Exceptional Circumstances

If the realisation of the travel will be impeded or prejudiced by exceptional circumstances – such as war, civil unrest, strikes, territorial decrees, epidemics or natural disasters – both GTW and the client can withdraw from the contract before the start of the travel or cancel if the travel has already started. This also applies if realisation of the travel is subject to specific pre-conditions over which GTW has no influence (e.g. low water levels). In such cases GTW can claim compensation in accordance with the conditions stated above, or, depending on the circumstances, compensation proportional to the performance already provided or for the performance still necessary in order to complete the travel.

9. Warrantees

In accordance with the obligation to minimise possible losses, the client is required to inform the GTW representative without delay (and if such representative is not present then GTW directly) with regard to any complaints. Complaints are likewise to be reported to the performance carrier. This step as well as the requirement to minimise any possible losses is regarded as  reasonable within your co-operation obligations. Neither the representative nor the performance carrier is authorised to approve any such claims; they are merely authorised to confirm they have been informed with regard to your complaint. A pre-condition for all claims against GTW is additionally that any complaints are made in writing to GTW within one month of the contractual completion date for the travel. Claims for compensation for non-contractual legal reasons are excluded. GTW liability is limited to the amount of the travel price. The statutory limitation period for all claims against GTW in connection with the booking and the realisation of the travel is 6 months following the contractual completion date for the travel. Warrantee claims arising from natural disasters, epidemics, strikes and events of a similar nature are excluded. Any additional costs are to be born by the client.

10. Passports, Currencies, Customs Duty and Health Regulations

The client is responsible for ensuring the observance of these regulations, especially with regard to those countries requiring visas. If required, GTW can provide the client, against reimbursement of the costs involved, with assistance in respect of visa applications.

11. Miscellaneous

All prices stated, unless expressly stated otherwise, are net prices and are based on a participation of 20 persons. With 20-39 paying persons we provide one free allocation, for 40 and more paying persons 2 free allocations as long as no other free position allocation regulations are stated in the order confirmation documentation. Verbal arrangements are only then effective when confirmed in writing. All information is provided to the best of our knowledge but without any guarantees. Postal service risks are born by the client. Sensitive documentation such as passports, visas and the like should always be sent by registered post. All statements in promotional material refer to the standing at the time of printing (June 2008). GTW reserves the right to increase prices following unforeseen events such as exchange rate changes or oil surcharges  on ferries and changes in value added tax rates. The right is reserved to correct printing and calculation errors. The invalidity of individual travel contract provisions does not have the effect of invalidating the whole contract; rather are invalid individual provisions to be supplemented by contractual/legal conformity interpretation.

12. Place of Jurisdiction

Place of jurisdiction and place of fulfilment in relation to fully qualified merchants is exclusively the registered office of the company.

GTW GRIMM TOURISTIK WETZLAR

Gesellschaft für internationalen Bustourismus mbH

D-35578 Wetzlar