Terms and conditions
1. Subject matter of regulation
The following General Terms and Conditions apply to all legal transactions of Zusammen.reisen Unternehmergesellschaft (limited liability), hereinafter referred to as “Provider”, with its contractual partner, hereinafter referred to as “Client”. Any general terms and conditions of business of the Client that deviate from these Terms and Conditions shall not apply.
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The Provider is a travel intermediary. The travel services offered by the Provider are rendered by the tour operator specified in the description of the offer. The general terms and conditions of the tour operator are valid for the contract concluded with the tour operator. The tour operator and their terms and conditions are indicated in the respective offer. The tour operator shall provide a certificate of insurance as well as other travel documents.
2. Conclusion of contract
Upon booking, the Client provides a binding offer for the conclusion of the contract. Bookings can be carried out online via the booking request form or in writing via e-mail. The contract is concluded only upon receipt of the written confirmation of the order by the tour operator or the Provider. The e-mail sent directly after online booking does not constitute an order confirmation.
3. Services, payment
The scope of the contractual services as well as the payment amount shall be determined in accordance with the service description of the respective offer as well as the information provided in the order confirmation. In the event of discrepancies between the information in the offer and in the order confirmation, the information in the order confirmation shall apply.
4. Changes in services and prices
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4.1. Changes and deviations from the agreed content of the contract for any individual travel services that become necessary subsequent to the conclusion of the contract and that were not caused by the Provider in breach of good faith are permitted to the Provider, provided that the changes or deviations are not significant and do not affect the overall nature of the tour booked. The Provider shall notify the Client promptly of any changes or deviations in the performance of services that have become necessary.
4.2. The Provider guarantees the prices acknowledged in the order confirmation, insofar as they concern non-governmental contractual partners of the Provider, e.g., hotel operators.
4.3. The Provider reserves the right, in the event of an increase in airfares and/or government fees, such as entry fees and port or airport charges, or a change in the exchange rates applicable to the tour in question, to pass on to the Client the additional costs incurred by the Provider up until the agreed date of departure.
4.4. In the event of a subsequent change in the price of the tour, the Provider shall notify the Client without delay.
5. Passport, visa and health regulations
The Provider is not responsible for advising travellers regarding passport, visa and health regulations currently in effect as well as any possible changes to such regulations prior to the commencement of the tour. The Client shall be responsible for informing the travellers thereof.
6. Withdrawal
Should the Client withdraw from the contract, the general terms and conditions of the tour operator and the terms of cancellation and fees stipulated therein shall apply. The Client shall send written notice of cancellation to the tour operator and/or Provider.
7. Duty to cooperate
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7.1. The Client is obliged to duly inform the travellers of their obligation to immediately report grievances on site prior to the commencement of the tour.
7.2. The Client is obliged to immediately communicate to a local representative of the tour operator any shortcomings of which they become aware themselves or through complaints received from the travellers on site.
8. Liability, limitation of liability, statute of limitations
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8.1. The Provider shall be liable to the Client for the proper provision of the contractually agreed services.
8.2. In the event of simple negligence, the Provider shall only be liable to the Client in the event of a breach of material contractual obligations (cardinal obligations). In all other cases, pre-contractual, contractual and non-contractual liability shall be limited to intent and gross negligence, whereby the limitation of liability shall also apply in the event of fault on the part of a subcontractor. The contractual liability of the Provider for damages that are not bodily injuries is limited to three times the tour price.
8.3. Claims for damages against the Provider due to unlawful action as well as in the case of bodily injury shall be limited to the amount of the foreseeable damage, in any case, however, up to the amount of the coverage sum of the Provider’s liability insurance. The Provider shall allow the Client to view the insurance policy at the Client’s request.
8.4. Claims for performance not in accordance with the contract must be asserted against the Provider within six weeks of the contractually agreed termination of the tour. After expiry of this period, the assertion of claims is excluded.
8.5 The Client’s recourse against the Provider on the basis of the warranty claims of the traveller is excluded if the traveller has culpably failed to report a deficiency immediately on site or if the Client has violated their obligation to cooperate under Section 7 and the Provider therefore had no opportunity to remedy the situation.
8.6. A claim for damages against the Provider shall be limited or excluded to the extent that, due to international agreements or statutory provisions based on such agreements or statutory provisions applicable to the services to be provided by a service provider, a claim for damages against the service provider may only arise or be asserted under certain conditions or limitations, or is excluded under certain conditions.
8.7. Contractual claims of the Client are subject to a limitation period of one year. The limitation period begins on the day on which the journey was to end according to the contract.
9. Final provisions
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9.1. The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.
9.2. The general place of jurisdiction for all disputes arising from the contractual relationship is Oberursel, Germany.
9.3. Offsetting or the assertion of a right of retention by the Client is only permissible with recognised or legally established counterclaims.
