General Terms and Conditions of Business for Workshops
GTCB VERSION 01.01.2019
1. APPLICATION, TRAVEL AGREEMENT
a) By his/her written application to the tour operator Mario Schmitt, Leistenstrasse 14, 97082 Würzburg, hereinafter called the "Operator", the client offers to conclude a binding tour agreement.
b) The application can only be made only in writing by means of the application form prescribed for this purpose.
c) The agreement comes into being through the Operator's written booking confirmation to the traveller(s).
d) The application and participation in a tour is conditional on a good general state of health meeting the requirements for group travel.
2. SERVICES, AMENDMENTS OF SERVICES
a) The description of the tour services on the website www.marioschmitt.com is definitive for the services.
b) The tour offered by the Organiser is a photo tour. Unforeseeable circumstances, particularly weather conditions and force majeure can oblige the Operator to amend the travel services, the route and the tour schedule. The Organiser is therefore entitled to state that he must amend the tour specification prior to the conclusion of the agreement because of material and unforeseeable reasons.
c) Amendments or deviations of individual travel services from the agreed content of the tour agreement after the conclusion of the agreement are only permitted if force majeure renders an amendment or deviation unavoidable and the amendments and deviations are not material and do not detract from the character of the tour which the customer booked. The Operator is obliged to inform the customer about the amendments to or deviations from the services without delay.
a) A down payment of 50% of the tour price is due for payment on receipt of the booking confirmation and the certificate of insurance as required by § 651k of the German Civil Code (Bürgerliches Gesetzbuch). This down payment will be credited to the tour price.
b) Payment of the 50% balance of the tour price is due for payment 4 weeks before departure of the tour if the tour can no longer be cancelled for the reasons set out in Clause 5.
4. PRICE CHANGES
a) In the event of increases of local fees and taxes, the Organiser reserves the right to increase the contractually agreed tour price in line with the increased costs. b) If the price increases should exceed 5%, the traveller is entitled to withdraw from the tour agreement and must exercise this right immediately after being informed of the increase by the Operator.
5. CANCELLATION BY THE OPERATOR, TERMINATION
a) If the minimum number of tour participants stated in the description of the tour is not reached the Operator may cancel the tour.
In this case the Operator is obliged to inform the participants of the cancellation without delay. The Operator may not cancel the tour less than 4 weeks before departure. In the event of cancellation the traveller may require reimbursement of the tour price. The traveller must exercise this right immediately after being informed of the cancellation by the Operator.
b) If the traveller fails to meet the requirements for the tour which were specified, or materially disrupts the progress of the tour in spite of a formal warning by the Operator, or fails to comply with directions or safety instructions from the Operator, or conducts him/herself contrary to contract in such a manner that the immediate rescission of the agreement is justified, the Operator may cancel the travel agreement before commencement of the tour or terminate the travel agreement after commencement of the tour. In this case the price of the tour will not be refunded, even pro rata.
6. WITHDRAWAL BY THE CUSTOMER
a) The traveller may withdraw from the tour agreement at any time prior to the commencement of the tour. He/she must so inform the Operator in writing. Receipt of the statement of withdrawal by the Operator is authoritative.
b) In the event of withdrawal from the tour agreement by the traveller or should the traveller fail to join the tour, the Operator may demand compensation as follows for the costs incurred due to the reorganisation of the tour:
- up to 60 days before the departure date: 10% of the tour price
- from 59 to 30 days before the departure date: 50% of the tour price
- from 29 days before the departure date up to the day of departure: 80% of the tour price
7. CHANGE OF BOOKING BY THE CUSTOMER
Up to the day of departure the traveller may nominate an alternative person to enter into the tour agreement in his/her place. The Operator reserves the right to veto this person if he/she fails to meet the requirements for the tour or if other good cause exists. Both the traveller and the alternative person are liable to the Operator for additional costs arising from the amendment to the agreement.
8. RESCISSION OF THE AGREEMENT DUE TO EXCEPTIONAL CIRCUMSTANCES
a) If performance of the agreement is hampered or jeopardised by unforeseeable force majeure such as unrest, war, natural disasters etc., both the Organiser and the traveller may terminate the agreement. If the agreement is terminated the organiser may demand compensation for services already performed or services still to be performed due to the termination of the tour (§ 651e of the German Civil Code).
b) In the event that the tour has to be abandoned due to exceptional circumstances, the Operator is obliged to arrange homeward transportation for the traveller. The traveller must bear any additional costs for the homeward transportation.
9. LIABILITY RESTRICTION
The traveller undertakes the tour at his/her own risk. The Operator is liable within the bounds of the duty of care of a diligent businessman for:
a) An accurate description of the service, careful and conscientious preparation of the tour as well as the proper performance of the travel services agreed in the agreement. b) Loss and/or damage which does not constitute bodily injury and the breach of pre-contractual, secondary contractual or post-contractual obligations. In this case the contractual liability of the Organiser is limited to twice the price of the tour provided that the loss and/or damage incurred by the traveller was not caused by intent or gross negligence. c) Loss or damage to the traveller if caused by the breach of organisational obligations on the part of the Organiser. d) In many regions emergency medical care and rescue services are often only available to a very restricted extent. The traveller is expected to exercise a considerable degree of personal responsibility and circumspection as well as to prepare him/herself properly for the tour while at the same time also being prepared to take more than ordinary risks. The traveller takes the tour which is proposed at his/her own risk and responsibility.
10. THE CUSTOMER'S OBLIGATIONS
a) In the event that the tour should be disrupted, the traveller is obliged to contribute to the resolution of the disruption and the avoidance of any loss or damage in so far as this is reasonable. b) The traveller undertakes to obey instructions issued by the tour leader. Failure to do so can result in the termination of the agreement with the traveller without notice and to the immediate exclusion of the traveller from the tour. In this case, claims for compensation may not be asserted. c) The customer is obliged to report grievances and complaints immediately to the Organiser or tour leader. The customer has the right to demand remedial action.
If the travel service is not performed in accordance with the agreement, the traveller may demand remedial action. In the event that the effort and/or cost is disproportionate the Organiser may refuse to take remedial action or remedy the situation by providing a service of the same value.
12. EXCLUSION OF CLAIMS AND LIMITATION PERIOD
a) With the exception of tort, the traveller must assert any claims arising from the tour agreement against the Organiser within one month of the end of the tour as defined in the agreement. (§ 651 g of the German Civil Code).
b) Claims by the traveller arising from the tour agreement become time-barred 12 months after the end of the tour as defined in the agreement; claims for tort are not affected by this provision and are subject to the statutory limitation period. (§ 651m of the German Civil Code).
13. PROHIBITION OF ASSIGNMENT
The assignment of any claims whatsoever by the traveller to third parties is excluded.
14. PASSPORT, VISA, CUSTOMS, CURRENCY AND HEALTH REGULATIONS AND SAFETY INSTRUCTIONS
a) The Organiser will inform the traveller about passport, visa and health regulations before the commencement of the tour as well as any amendments of these regulations.
b) The traveller is personally responsible for compliance with all regulations which are material for the journey. By his/her written application to join the tour the traveller states that he/she has informed him/herself about the security situation in the countries to be visited and about any travel warnings issued by the German Foreign Office (Auswärtiges Amt) as well as about the health, visa and passport regulations.
15. DATA PROTECTION
All customer data provided in the application for the tour is used solely for the purposes of customer care and the organisation and implementation of the tour.
Any invalidity of individual provisions in the tour agreement does not give rise to the invalidity of the entire tour agreement.
17. PLACE OF JURISDICTION
a) The traveller may only bring an action against the Organiser at the latter's registered office. German law applies to the agreement the exclusion of all others; this applies for the contractual and legal relationship between travellers and the Organiser as well as to actions brought by the traveller outside Germany for which foreign law would in principle apply. b) The Organiser may bring an action against the traveller at the Organiser's registered office even if the traveller has his/her permanent residence outside Germany or is normally resident outside Germany.