Destination Germany
Acanthus Tours

Destination Germany

ARB / General Terms and Conditions of Acanthus Tours GmbH & Co. KG

 

These General Terms and Conditions apply to all package travel contracts concluded between Acanthus Tours GmbH & Co. KG, Belziger Str. 71, 10823 Berlin (hereinafter referred to as the "Organizer") and the customer from 01.07.2018 onwards.

 

Overview

  1. Conclusion of the package travel contract
  2. Arranged services – further services provided only after the start of the trip
  3. Passport, visa and health police formalities
  4. Payments
  5. Services and obligations
  6. Minor and major service modifications
  7. Price increase and price reduction before the start of the trip
  8. Contract transfer – replacement travelers
  9. Traveler's withdrawal before the start of the trip – non-commencement of the trip
  10. Rebookings and changes at the traveler's request
  11. Cancellation of travel
  12. Termination due to severe disruption by the traveler – cooperation obligations
  13. Failure to reach the minimum number of participants
  14. Organizer's withdrawal in the event of unavoidable, extraordinary circumstances
  15. Travel defects, rights and obligations of the traveler
  16. Limitation of liability
  17. Statutory limitation period – assertion
  18. Consumer dispute resolution and online dispute resolution platform

 

  1. Conclusion of the Package Travel Contract

1.1. Travel registrations can be made orally, by telephone, email or SMS. The travel contract should be concluded using the travel organizer's forms (travel registration and travel confirmation) including all agreements, side agreements, and specifications of the traveler. Upon conclusion of the contract, the traveler shall receive the travel confirmation by email or SMS etc., which also serves as confirmation of the contract and complies with Section 651d para. 3 sentence 2 of the German Civil Code (BGB). If both parties are present upon conclusion of the contract or if the contract is concluded outside the organizer's business premises, the traveler is entitled to a confirmation of the contract in paper form.

1.2. The traveler is bound to the travel registration for 10 days, or 5 days in the case of travel registration by email, and SMS. Within this period, the trip will be confirmed by the organizer.

1.3. The organizer accepts binding reservations by telephone, of which the traveler must be explicitly informed. Thereafter, the travel contract should be concluded in accordance with section 1.1.

1.4. A travel confirmation that deviates from or is not timely compared to the travel registration constitutes a new contract offer, to which the organizer is bound for 10 days and which the traveler can accept within this period.

1.5. Bookings in electronic commerce are governed by the explanations on our website and the travel conditions available there.

1.6. For travel registrations via the internet, the traveler submits a binding offer to the organizer to conclude the travel contract by clicking the button "book with obligation to pay". The customer's receipt of their booking (travel registration) is confirmed electronically without delay (receipt confirmation only, no acceptance). Acceptance occurs through the travel confirmation within 3 days. Otherwise, the instructions for booking and travel confirmation on the website are decisive.

 

  1. Arranged Services – Further Services Provided Only After the Start of the Trip

2.1. In the case of additional ancillary services (visit to events, etc.) expressly and clearly designated as arranged in the brochure, travel documents, and other declarations, we are not the organizer but merely an intermediary pursuant to Section 651v BGB. As an intermediary, we are fundamentally liable only for the mediation (including booking errors to be attributed to us pursuant to Section 651x BGB), but not for the arranged services themselves (cf. Sections 675, 631 BGB). Our contractual liability as an intermediary is excluded unless bodily injury, intent, or gross negligence is present, main obligations from the travel agency contract are affected, a reasonable possibility to take out insurance exists, or an agreed quality is missing.

2.2. Section 2.1 shall also apply mutatis mutandis to services selected by the traveler only after the commencement of the provision of a package travel service, e.g., at the holiday destination.

 

  1. Passport, Visa and Health Police Formalities

3.1. The organizer shall inform the traveler prior to travel registration about general passport and visa requirements including approximate deadlines for obtaining visas, as well as health police formalities of the destination country (including changes that occurred in the meantime).

3.2. After fulfilling the information obligation pursuant to Section 3.1, the traveler is responsible for fulfilling the prerequisites for travel participation and carrying the necessary travel documents, unless the organizer has expressly undertaken to procure the visas, travel documents, certificates, etc.

3.3. If the trip cannot be commenced due to missing personal prerequisites, the traveler shall be responsible for this if this is solely due to their culpable behavior (e.g., invalid visa, missing vaccination). In this respect, Section 9 (Withdrawal) shall apply accordingly.

 

  1. Payments

4.1. The requesting or accepting of payments (down payment or final payment) from the traveler after conclusion of the contract is permissible only upon existence of an effective customer money protection contract and transmission of the safety certificate (Sicherungsschein).

4.2. Following the conclusion of the travel contract, 20% of the travel price is payable, unless the parties make a different explicit agreement.

4.3. The remaining balance is payable upon request at the earliest 30 days before the start of the trip, step by step against handover of the complete travel documents, insofar as required and/or provided for the trip (e.g., hotel voucher or transport ticket). For trips with a minimum number of participants, the remaining balance is payable when the organizer can no longer withdraw pursuant to Section 13 (see below).

4.4. Contracts concluded two weeks before the start of the trip oblige the traveler to immediate payment of the entire travel price step by step against handover of the complete travel documents, insofar as required and/or provided for the trip (e.g., hotel voucher or transport ticket).

4.5. If the traveler fails to make the due payments (down payment and final payment), the travel organizer may, after reminder and setting a reasonable deadline, withdraw from the contract and demand a cancellation fee in accordance with Section 9 (see below).

 

  1. Services and Obligations

5.1. The organizer reserves the right to make changes to the prospectus/catalog, in particular changes to the service description as well as prices. They may declare a specific change to the prospectus and price details if they inform the traveler thereof prior to travel registration.

5.2. The organizer must fulfill information obligations prior to travel registration, insofar as this is relevant for the intended package travel, pursuant to Section 651d para. 1 BGB (in particular regarding essential characteristics of the trip, travel price, down payment and final payment, minimum number of participants, cancellation fees, form for package travel).

5.3. Contract content and services are determined by the organizer's statements made prior to travel registration pursuant to Section 5.1 and in particular the agreed specifications of the traveler, unless explicitly agreed otherwise. They should be contained in the travel registration and travel confirmation (see section 1 above). Furthermore, unless already contained in the acceptance of the application (travel confirmation – see section 1 above) upon conclusion of the contract, the traveler must be provided with a complete travel confirmation or copy of the contract without undue delay after conclusion of the contract.

5.4. The organizer must inform about their assistance obligations and fulfill them pursuant to Section 651q BGB if the traveler is in difficulty, e.g., regarding the agreed return transport or other reasons. In the event of circumstances caused by the traveler, the organizer may demand reimbursement of reasonable and actually incurred expenses.

5.5. The organizer must transmit the necessary travel documents to the traveler in good time before the start of the trip (vouchers, tickets, admission tickets, etc.) and inform them about changes that occurred after conclusion of the contract (see also Section 6 and Section 7).

5.6. Price and service modifications after conclusion of the contract are regulated in Section 6 and Section 7.

 

  1. Minor and Major Service Modifications

6.1. Minor modifications of travel services by the organizer are unilaterally permissible, but effective only if the organizer declares them clearly, comprehensibly, and prominently to the traveler prior to the start of the trip, e.g., by email, SMS, or in paper form. The traveler's rights in the event of travel defects remain unaffected.

6.2. Major contract modifications are not unilateral and are permissible prior to the start of the trip only under the specific conditions of Section 651g BGB, which the organizer must expressly communicate, e.g., by email, SMS, or in paper form. The traveler may withdraw or accept the offered contract modification or replacement trip within the organizer's acceptance period. Without a timely declaration by the traveler, the organizer's offer is deemed accepted. Otherwise, Section 651g para. 3 BGB shall apply.

6.3. If the major modification or replacement trip is accepted, the traveler is entitled to a price reduction (Section 651m para. 1 BGB) if the replacement trip is not of at least equivalent value. If the modification results in lower costs for the organizer, the lower costs must be reimbursed to the traveler (Section 651m para. 2 BGB).

 

  1. Price Increase and Price Reduction Before the Start of the Trip

7.1. The organizer may unilaterally increase the travel price by up to 8% only if the reasons for the increase arise from transport costs directly resulting and increased after contract conclusion (fuel, other energy sources), or increased taxes and other duties (tourist taxes, port or airport fees), or changed exchange rates applicable to the package travel. The resulting modifications of the agreed and modified travel price (difference) shall be calculated proportionally to the number of travelers, converted per person, and increased pro rata. If the organizer does not inform the traveler clearly and comprehensibly about the price increase, the reasons, and the calculation via email, SMS, paper form, etc., at the latest 20 days before the start of the trip, the price increase is not effective.

7.2. If the price increase reserved pursuant to Section 7.1 exceeds 8% of the travel price, the organizer cannot make it unilaterally, but only under the strict requirements of Section 651g BGB. They may offer the traveler a corresponding price increase and demand that the traveler accept it within the reasonable period determined by the organizer or withdraw. Details result from Section 651g BGB.

7.3. The traveler may demand a reduction of the travel price if and to the extent that the prices, duties, or exchange rates mentioned in Section 7.1 have changed after contract conclusion and before the start of the trip, leading to lower costs for the organizer. If the traveler has paid more than the amount owed accordingly, the excess amount must be refunded by the travel organizer. The organizer may deduct actual administrative expenses incurred from the excess amount to be refunded. They must prove to the traveler upon request the extent to which administrative expenses were incurred.

 

  1. Contract Transfer – Replacement Travelers

8.1. The traveler may declare within a reasonable period, in any case upon receipt no later than seven days before the start of the trip in paper form, by email, SMS, etc., that a third party enters into the rights and obligations arising from the package travel contract instead of them.

8.2. The organizer may object to the entry of the third party if the latter does not meet contractual travel requirements.

8.3. If a third party enters the contract, they and the traveler shall be liable to the organizer as joint and several debtors for the travel price and the additional costs incurred by the entry of the third party. The travel organizer may demand reimbursement of additional costs only if and to the extent that these are reasonable and actually incurred.

8.4. The organizer must prove to the traveler the extent to which additional costs were incurred through the entry of the third party.

 

  1. Traveler's Withdrawal Before the Start of the Trip – Non-Commencement of the Trip

9.1. Before the start of the trip, the traveler may withdraw from the contract at any time. The withdrawal should be made in writing or text form (email, SMS) to the organizer. Withdrawal addressed to the travel intermediary is sufficient. Receipt of the withdrawal by the organizer or intermediary is decisive.

9.2. If the traveler withdraws from the contract or fails to commence the trip, the travel organizer loses the claim to the agreed travel price. However, the travel organizer may demand appropriate compensation for bus trips pursuant to Section 9.3. For other trips, Section 9.5 applies.

9.3. Our Cancellation Fee Percentages for Bus Trips

up to 30 days before the start of the trip: 10%

from the 29th day before the start of the trip: 20%

from the 14th day before the start of the trip: 50%

from the 7th day before the start of the trip: 80%

9.4. The traveler is explicitly permitted to prove that no compensation claim has arisen or that the compensation is significantly lower than the stated flat rate.

9.5. For trips not covered by Section 9.3, the amount of compensation is determined by the travel price minus the value of the expenses saved by the travel organizer and minus what they acquire through other use of the travel services. In this respect, the organizer must justify the amount of compensation upon the traveler's request.

9.6. Following the traveler's withdrawal, the organizer is obliged to refund the travel price. The refund must be made without undue delay, and in any case within 14 days after receipt of the withdrawal declaration.

9.7. Deviating from Section 9.2, the travel organizer cannot demand compensation before the start of the trip if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity, which significantly impair the performance of the package travel or the transport of persons to the destination. Circumstances are unavoidable and extraordinary within the meaning of this subsection if they are not under the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.

 

  1. Rebookings and Changes at the Traveler's Request

10.1. In principle, there is no right of the traveler to changes to the contract after contract conclusion. However, the organizer may accommodate the traveler's wishes as far as possible, permissible, and reasonable.

10.2. If the traveler requests changes or rebookings after contract conclusion, the organizer may demand a flat-rate processing fee of 15 EUR for rebookings, etc., unless they prove a higher processing fee or higher compensation after corresponding explicit information of the traveler, the amount of which is determined by the travel price minus the value of expenses saved by the travel organizer and what the travel organizer can acquire through other use of travel services.

 

  1. Travel Cancellation (Trip Interruption)

If the trip is interrupted after commencement due to a circumstance or if a service is not utilized for a reason within the traveler's sphere (e.g., illness), the organizer must attempt to obtain reimbursement of saved expenses and generated proceeds for the unused services from service providers, unless these are completely insignificant services or legal/administrative provisions prevent this.

  1. Termination Due to Severe Disruption by the Traveler – Cooperation Obligations

12.1. The organizer may terminate the travel contract without notice if the traveler, despite warning, continues to disrupt significantly, so that their further participation is no longer reasonable for the organizer and/or the other travelers. This applies accordingly if the traveler fails to comply with objectively justified instructions. In this case, the travel price shall continue to be due to the organizer, insofar as saved expenses and advantages from another utilization of the travel service(s) do not arise. Claims for damages by the organizer remain unaffected in this respect.

12.2. The traveler should take reasonable steps (e.g., informing the organizer) to avert or minimize impending unusually high damages.

 

  1. Failure to Reach the Minimum Number of Participants

13.1. The organizer must inform the traveler before travel registration and in the travel confirmation about the minimum number of participants and the deadline.

13.2. The organizer may withdraw from the contract before the start of the trip if fewer persons than the minimum number of participants specified in the contract have registered for the package travel.

13.3. If the minimum number of participants according to Section 13.1 is not reached and the organizer wishes to withdraw, the organizer must declare the withdrawal within the period specified in the contract, but at the latest 20 days before travel start for a travel duration of more than six days, 7 days for a travel duration of two to a maximum of six days, and 48 hours for a travel duration of less than two days – in each case before travel start.

13.4. If the travel organizer withdraws from the contract, they lose the claim to the agreed travel price.

13.5. As a result of the withdrawal, the organizer is obliged to refund the travel price and must effect the refund without undue delay, and in any case within 14 days after the withdrawal.

 

  1. Organizer's Withdrawal in the Event of Unavoidable, Extraordinary Circumstances

14.1. The organizer may withdraw from the contract before the start of the trip if they are prevented from fulfilling the contract due to unavoidable, extraordinary circumstances and they declare the withdrawal without undue delay after knowledge of the withdrawal reason.

14.2. Through the withdrawal pursuant to Section 14.1, the organizer loses the claim to the agreed travel price, is obliged to refund the travel price, and must in this respect effect the refund without undue delay, and in any case within 14 days after the withdrawal.

 

  1. Travel Defects, Rights and Obligations of the Traveler

15.1. Defect Notification by the Traveler

The traveler must notify the organizer of any travel defect without undue delay. If the organizer could not remedy the situation due to the culpable omission of the notification by the traveler, the traveler cannot claim a price reduction pursuant to Section 651m BGB or damages pursuant to Section 651n BGB.

15.2. Addressee of Defect Notification

Travel defects must be reported to the tour guide during the trip. If a tour guide or a representative of the organizer is not available or not agreed, travel defects must be reported directly to the organizer or the contact point or travel intermediary specified in the travel confirmation, provided a quick connection is possible (email, telephone numbers result from the travel confirmation).

15.3. Demand for Remedy and Self-Remedy

The traveler may demand a remedy. The organizer must then remedy the travel defect. The addressee of the demand for remedy is the tour guide. Otherwise, Section 15.2 applies (see above).

If the organizer does not remedy the situation within a reasonable period set by the traveler, the traveler may remedy it themselves and demand reimbursement of necessary expenses. If remedy is refused or immediately necessary, no deadline is required.

The organizer can refuse remedy only if it is impossible or entails disproportionate costs taking into account the extent of the travel defect and the value of the affected travel service. In these cases, Section 651k para. 3 to para. 5 BGB applies. The organizer is obliged to inform the traveler concretely about replacement services, return transport, etc., and consequences, and to fulfill their assistance obligations (cf. Section 651q BGB).

15.4. Price Reduction

For the duration of the travel defect, the travel price is reduced pursuant to Section 651m BGB. Reference is made to Section 15.1 (see above).

15.5. Termination

If the package travel is significantly impaired by the travel defect, the traveler may terminate the contract after expiry of a reasonable period set by them. If the organizer refuses remedy or remedy is immediately necessary, the traveler may terminate without setting a deadline. The consequences of termination result from Section 651l para. 2 and para. 3 BGB.

15.6. Damages

The traveler may demand damages pursuant to Section 651n BGB without prejudice to price reduction or termination. In the event of an obligation to pay damages, the organizer must effect compensation without undue delay.

15.7. Offsetting of Compensations

If the traveler has a claim against the organizer for damages or for reimbursement of an amount overpaid as a result of a price reduction due to the same event, the traveler must have the amount credited which they received as compensation or reimbursement due to the same event pursuant to international conventions or statutory provisions based thereon pursuant to Section 651p para. 3 BGB.

 

  1. Limitation of Liability

16.1. The organizer's contractual liability for damages that are not bodily injuries is limited to three times the travel price, provided that damage to the traveler is caused neither intentionally nor by gross negligence, or provided that the organizer is responsible for damage incurred by the traveler solely due to the fault of a service provider.

16.2. If international conventions or statutory provisions based thereon apply to a travel service to be provided by a service provider, according to which a claim for damages can be asserted only under certain conditions or limitations, the organizer may invoke these conventions and the statutory provisions based thereon against the traveler.

16.3. Reference is made to Section 15.7 (Offsetting of compensations).

 

  1. Limitation Period – Assertion

17.1. Claims pursuant to Section 651i para. 3 no. 2, 4 to 7 BGB must be asserted against the organizer or the travel intermediary who made the booking.

17.2. Claims of the traveler – excluding bodily injuries – pursuant to Section 651i para. 3 BGB (remedy, termination, price reduction, damages) become statute-barred in two years. The limitation period begins on the day on which the package travel should end according to the contract.

 

  1. Consumer Dispute Resolution and Online Dispute Resolution Platform

18.1. Our company Acanthus Tours GmbH & Co. KG does not participate in dispute resolution proceedings before a consumer arbitration board.

18.2. Online Dispute Resolution Platform: The European Commission provides a platform for online dispute resolution for consumer disputes regarding contracts concluded via the organizer's website or via email at http://ec.europa.eu/consumers/odr/.

 

 

Travel Organizer: Acanthus Tours GmbH & Co. KG, Belziger Str. 71, 10823 Berlin, Tel: +49 30 2000 560 80, Email: info@acanthus-tours.de, Web: www.acanthus-tours.de

 

Travel Intermediary: like travel organizer

 

Contact Address for Assistance and Defect Notification: like travel organizer

 

Customer Money Insurer: Zurich Insurance plc Niederlassung für Deutschland, Solmsstrasse 27-37, 60252 Frankfurt