Terms of Service
Ten Directions GmbH for Travels
1. Subject of the contract
1.1 The following terms and conditions apply to all legal transactions of Ten Directions GmbH and its affiliated companies (subsidiaries), hereinafter briefly called ‚tour operator‘, with its contractual partners, hereinafter referred to as „Customer“. If any follow-up orders apply, an explicit new reference to the terms and conditions of the Agency is not required.
1.2 Solely the terms and conditions of the tour operator apply. Terms of the customer are limited to cases where the agency has agreed to them in writing.
They supplement the statutory provisions of §§ 651a – m BGB (German Civil Code) and the information requirements for tour operators under §§ 4-11 BGB Info V (Regulation on information and reporting obligations under civil law), filling out:
2. Conclusion of the travel contract / obligation of the customer
2.1 By booking (travel registration) the customer provides the tour operator to the travel contract bindingly. This offer is based on the tour description and supplementary information of the tour operator for each journey as fas as was available to the customer.
2.2 Travel intermediaries (eg travel agencies) and service providers (eg hotels, carriers) are not authorized by the tour operator to make arrangements to provide information or make assurances that amend the agreed contents of the travel contract, going beyond the contractually promised services of the tour operator or contrary to the travel advertisement.
2.3 Local and hotel brochures, and Internet descriptions that are not issued by the tour operator, are not binding for the tour operator and its obligation, unless they have been made by express agreement with the customer on the subject of the travel offer or the content of the obligation of the tour operator.
2.4 The booking can be made verbally, in writing, by phone, by fax or electronically (email, Internet). For electronic bookings of tour operators acknowledge receipt of the booking immediately by electronic means. This confirmation of receipt does not constitute a confirmation of the acceptance of the booking order.
2.5 The customer is responsible for all contractual obligations of passengers for which he makes the booking, as for his own, provided that he has assumed this obligation through expressed and separate declaration.
2.6 The contract is concluded with the receipt of the acceptance of the tour operator. It requires no specific form. At or immediately after the conclusion, the tour operator will send the customer a written confirmation. To this end, he is not obligated if the booking by the customer is less than seven (7) working days prior to departure.
2.7 If the content of the declaration of acceptance of the tour operator from the content of the booking, this shall constitute a new offer by the tour operator to which it is bound for a period of ten (10) days. The contract is concluded on the basis of this new offer if the customer the tour operator declares within the commitment period acceptance by explicit declaration, payment or final payment.
Payments of the travel price before the trip may only be delivered against the security certificate within the meaning of § 651 k Abs. 3 BGB. If the trip is not longer than 24 hours, it does not include accommodation and does not exceed the travel price EUR 75, so the total price can be paid without hand an assurance certificate.
In conclusion, a deposit of 25% of the price is basically due upon receipt of the security note. The deposit will be deducted from the price. The rest of the tour price please pay about 28 days prior to departure. Cancellation fees are always due immediately. When booking various flight special fares, the travel price can be paid in full immediately.
Your payments can be handled as follows:
a. credit card: The deposit amount of 25% of the price will be charged immediately after the conclusion of your credit card. About 4 weeks before travel takes place the deduction of the balance of your credit card.
For credit card payments – except for flight-only bookings – we charge a non-cost-recovery fee of 1.9% of the price.
b. Transfer: The deposit must be paid in time in each case stating the invoice number on the bank account that it is received within 10 days after the invoice date, the final payment 28 days prior to the date of travel on the account of the tour operator.
For last minute bookings (10 or fewer days to departure) and for special travel services, where deadlines listed above may not be met, a payment can only be made by credit card.
If the customer does not pay the deposit and / or final payment in accordance with the agreed payment dates, the tour operator is entitled, after sending a reminder with a deadline, to withdraw from the contract and to charge the customer a cancellation fee in accordance with Section 5.2 Clause 2 to 5.5.
4. Service and Price Changes
4.1 Changes or deviations in individual travel services from the agreed contents of the travel contract (eg flight time changes, changes in the program schedule, hotel changes), which become necessary after conclusion of the contract and which were not caused by the tour operator in bad faith, are permitted if the changes or deviations are considerable and do not impair the overall form of the tour. Possible warranty claims remain unaffected, if the amended services are defective. The tour operator will notify the customer of service changes or deviations immediately. In the event of a substantial change in an essential travel service the customer is entitled to withdraw from the contract or to request to join an equivalent hotel if the tour operator is able to offer such a trip without additional costs for the customer. The customer is kindly asked to declare immediately after the declaration of changes to the travel service or, in case of cancellation of the journey towards the tour operator.
4.2 We reserve the right to amend published and confirmed prices at the time of the booking in case of an increase of transportation costs or charges for certain services such as port or airport fees or a change in the rules applicable to the journey, in case of changes of exchange rates as follows: to increase the existing transport costs, especially fuel costs, so we can adapt the tour price according to the following calculation:
a. In case of seat cost increases, we can require the passenger to increase the amount.
b. In other cases, the transport provider by means of transport, additional transportation costs are divided by the number of seats in the agreed means of transport. The resulting increased amount can be requested by single traveller.
If, by the time of concluding the contract, existing charges such as port or airport charges increase, we can increase the travel price by the appropriate proportionate amount. With a change in exchange rates after conclusion of the travel contract, the travel price can be increased to the extent where the travel has become more expensive. An increase is only permissible if between the conclusion of the contract and the agreed travel date are more than 4 months, and not yet occurred leading to the increase circumstances prior to closing and were not foreseen when the contract is concluded.
5. Cancellation by the customer, rebooking, substitute participants
You can withdraw at any time prior to departure from the trip. The withdrawal has to be in written at the address given at the end of the travel conditions. If the trip was booked through a travel agent (third party), the cancellation can also be declared to them. It is recommended to declare the cancellation in writing. If you withdraw from the travel contract or if you fail to travel, so we lose the right to the tour price. Instead, we can demand reasonable compensation for the measures taken to withdraw travel arrangements and expenses incurred in response to the respective price. Our claim for compensation is lump sum in consideration of the usually saved expenses and possible other use. The amount of the claim for compensation, please refer to Section 16 of this travel conditions. It will remain free to prove that no or significantly less damage than the demanded by us. We reserve the right to request a derogation from the packages listed under point 16, a higher, concrete compensation, as far as we can prove that we significantly higher costs than the relevant applicable fee incurred. In this case, we are obliged to quantify the required compensation by taking the saved expenses and possible other use of travel services and provide supporting evidence. 5.2 reposting
Take them to your desire for booking the trip changes to the travel date, the destination, the place of departure, accommodation or type of transportation to be made, so we usually arise the same cost as a cancellation on your part. We therefore need to calculate the cost of the same amount as it would have resulted in the transfer time for a withdrawal. If otherwise, minor changes but we only charge a processing fee of EUR 50th
Apply the following cancellation policy per traveler:
More than 80 days before departure: € 150.00, 80- 45 days before departure: 30% of travel costs, 45 – 30 day before departure: 50%, from 30 days before departure 100% of the total price.
5.4 Replacement of participants
Your legal right to provide in accordance with § 651 b BGB a substitute participant, remains unaffected by the above conditions.
6. Unused services
Take individual travel services that have been offered to you properly due to premature return or for other compelling reasons not to claim, so there is no entitlement to a pro rata refund of the price. However, we will strive for the service providers for reimbursement of expenses saved. This obligation does not apply if it is totally irrelevant or if a refund is against legal or official regulations. The reimbursement of us merely mediated original vouchers (for example, hotel chains, car hire) is regulated in paragraphs 4.1 and 16 under „withdrawal“ or „withdrawal fee“.
7. Cancellation due to not achieving the minimum number of participants and cancellation by the tour operator
We can only withdraw from the contract if pointed in the travel and tour confirmation for the corresponding travel on a minimum number of participants and to 40 days in prior to travel is not reached an advertised or official specified minimum number of participants this number and the date by which before the contract were agreed start of the declaration of withdrawal must be received, given. In any case, we are obliged to inform you immediately after the occurrence of the condition for the non-operation of the tour arises and you forwarded the resignation as soon as possible. You get the tour price paid back immediately. Should already be seen at an earlier date that the minimum number of participants can not be reached, we will inform them.
8. Termination of behavioral reasons
We may withdraw or terminate after the departure of the travel contract without notice if the participant interferes with execution of the trip despite our warning sustainable or if it violates the contract to such an extent that the immediate cancellation of the contract is justified from the contract. Announce us, we reserve the right to the tour price; However, we must be credited the value of the saved expenses and the benefits that we get from any other use of the unused services, including credited to us by the service providers.
9. Cancellation of the contract due to force majeure
For termination of the travel contract is made to the legislation in the Civil Code (BGB), which reads as follows: „§ 651 j BGB“
(1) If the trip is due to unforeseeable at contract conclusion of force majeure impede, endanger or impair, so both the tour operator and the traveler may terminate the agreement simply under that provision.
(2) If the agreement referred to in paragraph 1 is terminated, the provisions of § 651e para. 3, Clauses 1 and 2, para. 4 sentence 1 application. The additional costs for the return shall be borne by the parties each pay half. Moreover, the additional costs are borne by the traveler.
10. Liability of the tour operator (Limitation of Liability)
10.1 Contractual limitation
Our contractual liability for damages not resulting from injury to life, limb or health is limited to three times the travel price
a. damage to the traveler has been wedervorsätzlich still caused by gross negligence as far, or
b. as far as we are responsible for the traveler damage incurred solely because of a service provider. Possibly additional claims under the Montreal Convention or the Aviation Act remain unaffected by this limitation.
10.2. Tort liability limitation
Our liability in tort for property damage that are not based on intent or gross negligence is limited to three times the price. The maximum amount of liability applies per customer and tour. Possibly additional claims relating to baggage under the Montreal Convention remain unaffected by this limitation.
10.3 Disclaimer for third-party services
The tour operator is not liable for service disruptions, personal injury and property damage in connection with services which are merely arranged as external services (eg excursions, sports events, theater performances, exhibitions, transport services from and to the advertised places of departure and destination), if these services in the travel and the booking confirmation are expressly and clearly identified stating the arranging contractual partner as third-party services that they are not recognizable component of our travel services. The tour operator is liable but
a. for services which include transportation from the advertised place of departure to the advertised destination, interim transport during the journey and accommodation during the journey,
b. if and insofar as a caused you damage the violation of hazard organizational duties was the cause through us.
11.1 Remedy and duties to cooperate
If the trip is not stipulated in the contract, so you can ask for remedy. This requires – without prejudice to our primary obligation – your participation. Therefore you are obliged to do everything you reasonable to contribute to remedying the disruption and to keep possible damages to a minimum or avoid them altogether. They are particularly obligated to report your complaints immediately. This only does not apply when the display recognizable futile or other reasons unacceptable. To do so, first contact us at our local representative in the target area (see voucher). The travel agent or local representative is commissioned to remedy, where possible. However, it is not authorized to recognize claims. If the travel documents contain no indication of a local representative, please contact directly with us!
You reach Ten Directions GmbH by telephone +49.6221.725 15 82 or under the period given in your travel documents extension.
Please enter in any case, said the voucher / lease trip number, destination, dates and the above-mentioned extension of.
11.2 Deadline before termination of the contract
Do you want the travel contract due to a defect in the § 615 c BGB kind described under § 651 e BGB for good, recognizable reason announce to us due to unreasonableness, you have to previously set a reasonable period for remedy. This only does not apply if redress is impossible or is refused by us or if the immediate termination of the contract is justified by a special, recognizable for us interest on your part.
11.3 baggage loss and baggage delay
We recommend damage or delays in air travel urgently immediately in place a Property Irregularity Report (P.I.R) the responsible airline. Airlines refuse generally from refunds when the claim form has not been filled. The damage report must be made by handing in baggage damage within 7 days, in case of delay within 21 days. In addition, the loss, damage or display the misdirection of baggage, the tour guide or the local representative of the organizer.
11.4 Travel documents
Please inform us in time if you with the necessary travel documents should not be received within the provided period.
12. Exclusion of claims
12.1 Claims for non-contractual provision of travel according to §§ 651c to f BGB you have to make within one month after the contractual end of the journey towards us at the address given below claims.
12.2 The period begins on the day following the date of the contractual travel end. If the last day of the period falls on a Sunday, a state-approved on Erklärungsort general holiday or a Saturday, so enters the next working day takes the place of such a day.
12.3 After the deadline, you can only file claims if you have been prevented from meeting the deadline.
12.4 The period from 11.1 also applies to the registration of luggage damage or delays in baggage in connection with flights in accordance with Clause 10.3 if warranty rights from §§ 651c para. 3, 651d, 651e, para. 3 and 4 BGB are asserted. A claim for compensation for damage to baggage is within 7 days to make a claim for compensation for delayed luggage within 21 days of delivery claims.
13.1 Your claims under §§ 651 c to f BGB resulting from injury to life, limb or health based on an intentional or negligent breach of duty by the tour operator or a legal representative or agent of the tour operator, expire after two years. This also applies to claims for compensation for other damages based on intentional or gross negligence of the tour operator or a legal representative or agent of the travel organizer.
13.2 All other claims under §§651c to 651f BGB lapse after one year.
13.3 The limitation under paragraph 12.1 und12.2 begin on the day following the day of the contractual travel end. If the last day of the period falls on a Sunday, a public holiday on Erklärungsort officially recognized or a Saturday, so enters the next working day takes the place of such a day.
13.4 hovering between you and us on the claim or the circumstances giving rise, the limitation period is suspended until you or we refuse to continue the negotiations. Limitation shall become effective no earlier than a 3 months after the suspension ends.
14. Information obligations concerning the identity of the operating air carrier (so-called. „Blacklist“)
Due to the EU regulation on informing air passengers of the identity of the operating air carrier, we are obliged to inform you when booking about the identity of the operating carrier and all deliverables under the reserved trip air transportation services. If booking the operating airline is not fixed, so we are committed to bringing you to call the airline or airlines which will probably operate the flight or be. Once we know which airline will operate the flight, we will notify you accordingly. Changes the first mentioned operating airline, we will inform you immediately about the exchange. The so-called „blacklist“ is, inter alia, please consult the following website: https://air-ban.europa.eu.
15. Passport, visa, customs, currency and health regulations
15.1 We are obliged to inform citizens of a state of the European Union, in which the tour is offered about passport, visa and health regulations before the contract as well as possible changes before departure. Citizens of other countries the competent consulate gives information. It is assumed that no peculiarities in your person and possible fellow passengers (for example, dual citizenship, statelessness).
15.2 For obtaining and carrying the necessary travel documents, any necessary vaccinations and for complying with customs and currency regulations only you are in charge. Disadvantages arising from the failure to follow these rules, for example, the payment of cancellation fees, are your responsibility. This does not apply if we informed culpably not, insufficiently or wrongly.
15.3 We are not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation, even if you have entrusted us with the procurement, unless we have our own duties culpably violated.
16. Travel Protection (Cancellation Protection et al)
Please note that in this catalog prices do not include travel insurance (RRV) or trip interruption insurance. If you withdraw before departure from your trip, caused cancellation fees. In Curtailment additional return trip and other additional charges may apply. Therefore, the conclusion of a special travel insurance is recommended.
17 Withdrawal Fee
(See. Section 4.1)
The amount of cancellation fee depends on the selected output. More information on the extent of the withdrawal fee, you can therefore refer to our conditions for each service. Make sure to observe any differences as explained in the booking of individual deals! Please also note: If you have multiple services with individual prices collected (for example, flight and tour), the cancellation fees are to be determined for it separately and add then.
18. Choice of Law and Jurisdiction
18.1 The contractual relationship between the customer and the tour operator shall be governed exclusively by German law. This also applies to the entire legal relationship.
18.2 Insofar as legal action by the customer against the tour operators abroad for the liability of the tour operator the reason is not applied to German law, apply to the legal consequences, in particular regarding the type, scope and amount of customer claims governed by German law.
18.3 The customer can sue the tour operator at its headquarters.
18.4 For complaints of the tour operator against the customer the residence of the customer is decisive. For complaints against customers or contracting parties of the travel contract, the merchants, legal entities under public or private law or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence at the time of action is not known, agreed jurisdiction the headquarters of the tour operator.
18.5 The above provisions on the choice of law and jurisdiction do not apply if and insofar as contractually mandatory regulations of international agreements that are applicable to the travel contract between the customer and the tour operator.
Date: January 2015