Booking Conditions
Weil am Rhein Wirtschaft & Tourismus GmbH General
Terms and
Conditions of Contract and Travel
The following terms and conditions of travel will apply to
all package tours offered by Weil am Rhein Wirtschaft &
Tourismus GmbH, hereinafter called WWT. We expressly point
out that any reservation concerned solely with the rent of a
holiday apartment / hotel room will result in a direct
contractual relation between you and the
owner/landlord/hotelier which means that WWT will act as an
agent only and will only be liable for providing proper
services as such agent. Please note that WWT reserves the
right to charge a standard administration fee of € 25 within
its accomodation services in case of book transfers,
cancellations or no-show. As far as you book with WWT any
packages arranged and offered by it or other combined travel
services offered by WWT, the following terms and conditions
will be deemed as agreed upon:
1. Conclusion of Contract
1.1. Your oral or written booking constitutes a binding offer to
us to make a travel contract.
By making the booking the person signing the booking form
undertakes to take responsibility for his/her own contractual
obligations as well as for those of all other persons mentioned
therein if he/she has accepted this obligation by a separate
declaration referring thereto.
1.2. Contract will be concluded on WWT’s acceptance to be made
within 10 days in case of bookings in writing.
1.3. Prior to or immediately after conclusion of Contract WWT
will send the person having signed the booking form, a
confirmation of travel in writing. If information given therein
differs from that set forth in the booking such confirmation
will be deemed a new offer by WWT which will be binding
on it for 10 days.
2. Services
The scope of contractual services is set forth in the
description in WWT’s brochure or catalogue
or any other written offers and in the travel confirmation
referring thereto.
These descriptions are binding on WWT. However, WWT reserves
expressly the right to declare
a change of brochure information before conclusion of Contract
for any considerable, materially justified and unforeseeable
reason.
3. Terms of payment
In case of trips lasting less than 24 hours, without overnight
stay and for less than € 75.00 the tour price will be due at the
time of receipt of confirmation. Otherwise, a deposit of 10 % of
tour price (min. € 25.00), but not more than € 250.00 will be
due after receipt of confirmation. The balance
will be due one month before departure date after sending of
guarantee certificate which may also be sent with the booking
confirmation.
4. Changes of services and prices
4.1. Any changes or deviations of individual services that may
become necessary after conclusion of Contract are not admitted
unless such changes or deviations have been caused against good
faith by WWT and as far as they are not considerable and the
type and quality of the booked tour
as a whole is unchanged. WWT is obliged to inform customer
immediately of such changes or deviations. Customer’s warranty
claims in case of defects of the service changed will not be
affected.
4.2. In case of increase of transport costs, taxes or duties to
be paid for services like harbour dues or airport taxes, or in
case of change of exchange rates that are relevant to the trip,
WWT reserves the right to change the prices given in the offer
and the confirmation to the extent such increase
per person will have an effect on the tour price.
4.3. If there are less than four months between conclusion of
Contract and departure date there
will be no price increase. The same applies in case any request
for price increase is received by customer less than 21 days
before contractual departure date.
4.4. In case of increase of more than 5 % or a considerable
change to an essential service the customer will be entitled to
cancel the Contract free of charge. To the extent WWT offers
equivalent tours customer may also request participation in such
a tour as far as there is no extra charge for the customer.
4.5. Customer will assert claims against WWT set forth in 4.4
immediately after its statement on price increase or request for
change.
5. Cancellation by customer, replacement, book transfer
5.1. Customer may cancel the Contract at any time before
contractual date of departure. The date
of WWT’s receipt of cancellation statement will be applicable.
The customer is advised to make a cancellation in writing. If
customer cancels Contract or fails to show up on departure date
WWT may either claim reimbursement of costs incurred for
measures taken for preparing the tour and other expenses, less
any amounts saved or resulting from the use of travel service by
another person, or a lump-sum indemnification depending on the
length of period between date of cancellation and contractual
date of departure in accordance with the following scale (in %
of tour price):
30 or more days prior to departure 15
%, min. € 20
29-20 days prior to departure:
20 %
19-10 days prior to departure:
50 %
1 day prior to departure:
80 %
no-show
100 %
Customer may, at his/her option, furnish proof that
damage was lower.
5.2. Customer will also be entitled, prior to contractual date
of departure, to request that a third party succeeds to the
rights and obligations under the Contract, provided that such
party shall comply with the special travel requirements and that
there are no objections to participation arising out of legal
provisions or administrative orders. Succession to Contract
means that said third party and the person having signed the
booking form will be jointly and severally liable to WWT for
payment of tour price and of extra costs arising out of said
succession.
5.3. If customer wants any changes referring to accomodation or
other services or to date of departure (book transfers) after
conclusion of Contract WWT will charge, as far as such transfer
is possible at all, no less than 30 days prior to departure
date, a standard transfer fee of € 25.00.
After that customer’s requests to change services will no longer
be accepted unless such a request results in little costs. In
this case extra costs will be borne by customer. Besides that,
transfer requests by customer within 29 days of departure will
be treated as cancellation of
existing contract and conclusion of a new contract at the same
time.
6. Cancellation / Termination by WWT
WWT will be entitled to terminate Contract prior to departure
date or terminate it after departure in the following cases:
- Without notice
if customer strongly impairs operation of tour and continues
this behaviour in spite of warning by WWT or its assistants, or
behaves in any other way contrary to the Contract and to such an
extent that dissolution of Contract is justified. In such a case
WWT will maintain its claim for payment of tour price, less any
amounts saved and less any profits arising out of another
person’s use of services unclaimed for.
- Not less than 2 weeks prior to departure date
if the minimum number of participants set out in the
corresponding offer is not reached. WWT is obliged to inform
customer immediately after occurrence of the condition for
non-operation of tour and to declare the cancellation. This will
also apply if it is foreseeable at an earlier date that the
minimum number will not be reached. In such a case customer
shall be immediately refunded of any payment made.
7. Termination for force majeure
Both parties will be entitled to terminate the Contract if the
tour is considerably impeded, affected or jeopardized due to
cases of force majeure that were not foreseeable at the time of
conclusion.
In such a case, WWT may claim for reimbursement of costs
incurred for services rendered or to be rendered until
termination. Besides, WWT is obliged to take all necessary
measures and in particular to organize the return. Each party
will bear half the costs of said return.
8. Liability
8.1. WWT will be liabe for thorough preparation of tour,
selection and supervision of providers, the accuracy of
information given in the brochure and in the offers as well as
for due delivery of travel services provided it acts with the
diligence of a prudent businessman.
8.2. WWT will insofar also be liable for faults by its
assistants.
8.3. As far as a scheduled transport service is rendered under a
tour package or in addition to it, and the respective ticket is
issued to customer, such services shall be deemed as rendered by
third parties if reference is made thereto in the description
and booking confirmation. In such a case WWT will not be liable
for rendering the transport service, but such liability will be
subject to the terms and conditions of the company rendering
such service, which will be made accessible
to customer at his/her request.
9. Limitations of liability
9.1. WWT’s contractual liability for any damages of customer
that are not bodily injuries is limited
to the triple tour price as far as WWT is solely responsible for
such damage due to the fault of any provider.
9.2. In case of claims for damages for wrongful acts WWT’s
liability for injuries is limited to a sum of € 76,694.00, in
case of damages to property this limit is the triple amount of
tour price, however, up to a minimum of € 4,091.00.
9.3. The above limitations of liability will not be applicable
if such damage or injury has been caused by wilful misconduct or
gross negligence of WWT.
9.4. Furthermore, liability will be limited as far as claims
against provider can only be asserted under certain conditions
or restrictions or may even be ruled out under certain
conditions due to international conventions or legal provisions
referring thereto and applicable to the services to be rendered
by a provider. This will in particular apply to those cases
where WWT will have the status of a contractual air carrier.
10. Interferences with performance of the Contract /
Complaints
10.1. In case the tour is not delivered as specified in the
Contract the legal provisions of ss
651 c - 651 g BGB (German Civil Code) will apply. In order to
avoid misunderstandings it is understood that WWT may remedy any
complaints by an equivalent substitute package for the purpose
of assertion of remedy which may be refused by WWT in case such
remedy requires unproportional expenses.
10.2. If customer wants to assert claims for reduction of tour
price or damages for non-performance or to terminate Contract
for a considerable defect customer shall notify WWT immediately
of such defect and fix a reasonable deadline for remedy unless
such remedy is not possible or refused by WWT or termination is
justified due to a particular interest of customer.
11. Assertion / Limitation periods
11.1. Claims for non-conformity of performance with the Contract
shall be asserted by customer against WWT within one month after
the contractual end of tour. After that time customer will be
debarred from claiming unless he/she has been prevented from
meeting such deadline without his/her fault.
11.2. Claims under the Contract will be limited to 6 months of
contractual end of tour. This period will be extended by the
time between assertion of claim by customer and its written
refusal by
WWT (interruption of deadline).
11.3. Claims for wrongful acts will be limited to three years.
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