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):

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.