GENERAL PLATFORM TERMS AND CONDITIONS OF USE AND INTERMEDIATION
OF YOUDISCOVER GMBH, HAMBURG
AS WELL AS
GENERAL TERMS AND CONDITIONS OF TRAVEL OF THE YOUDISCOVER PLATFORM
INTERMEDIATED LOCAL TOUR OPERATORS
YouDiscover GmbH, Hamburg (hereinafter referred to as YOUDISCOVER) operates the YOUDISCOVER platform with the URLs www.youdiscover.de, www.you-discover.de, www.you-discover.com via the Internet and Apps (hereinafter referred to as the „Plat-form“).
The platform enables the establishment of contacts between consumer customers from the German-speaking countries in Europe and local tour operators in destinations worldwide that are registered on the platform.
Interested consumer customers receive direct contact to these local tour operators via the platform and have the opportunity to plan individual travel plans through direct communication with the local tour operator and subsequently book via the booking route on the platform through YOUDISCOVER.
The communication tools, the booking route and the payment tools of the platform enable the intermediation of a travel contract from the first contact initiation, an intensive exchange with the local tour operator up to the intermediation of the travel contract conclusion be-tween the consumer customer and the local tour operator.
YOUDISCOVER does not act as a tour operator within the framework of the platform. Rather, YOUDISCOVER initially makes the platform available for use by the customer and assists in establishing contacts with the local tour operators registered on the platform. Subsequently, the customer can use the platform’s communication tool to contact the respective local tour operator directly and have a travel proposal created that is tailored to his needs. In case of booking, the travel contract is again concluded via the booking route of the platform. YOUDISCOVER – acting as intermediary and commercial agent – concludes travel contracts with the consumer customer in the name and on behalf of the respective local tour operator.
Against this background, the following conditions are subdivided into
I. General Platform Terms and Conditions of Use and Intermediation of YOUDISCOVER GmbH, Hamburg
II. General Terms and Conditions of Travel of the Local Tour Operators (LRV) Offering via the YOUDISCOVER Plat-form
I. General Platform Use and Intermediation Conditions of YOUDISCOVER GmbH
The YOUDISCOVER platform enables users to find, compile and book tourist travel services from local tour operators to destinations around the world. Such local tour operators are hereinafter referred to as „LRV“.
1. Subject of Part I of these General Terms and Conditions
1.1. These GTC apply to any use of the platform by consumers, for example via the Internet or apps. The contractual relationship between an interested user of the platform as a consumer customer and YOUDISCOVER comprises in principle only the provision of the platform as well as the proper contacting of the consumer customer to the LRV according to the wishes of the customer. Un-der no circumstances does YOUDISCOVER itself act as a tour operator or contractual partner with regard to individual travel ser-vices offered to the consumer customer via the platform.
1.3. For the provision of resulting travel contracts between consumer customers and LRV, the travel conditions of the LRV apply in accordance with Part II below.
2.1. The platform can be used free of charge by any interested traveler in the German-speaking area. The YOUDISCOVER plat-form can be used anonymously.
2.2. However, certain uses within the framework of the YOUDISCOVER platform, such as the creation of travel ideas or the for-warding to the LRV for the concrete coordination and compilation of a trip or for arranging travel bookings with the LRV, require reg-istration of the user.
3. Services provided by YOUDISCOVER before the conclusion of the travel contract
3.1. YOUDISCOVER offers the platform for use with all its functionalities. The customer first receives general information about the target area of his interest from YOUDISCOVER via the platform for initial orientation.
3.2. If there is interest, YOUDISCOVER will provide general advice on the planned travel project via the platform. In addition, YOUDISCOVER provides support in the profiling of the travel project and in the selection of a suitable LRV in the desired destina-tion.
3.3. A communication tool available on the platform also enables the customer to connect directly to the LRV in order to coordinate further travel planning directly with the LRV. YOUDISCOVER may be called in as a mediator in the event of differences of opinion, ambiguities or communication problems between LRV and the customer within the framework of the relevant agreement.
4. Obligations and duties of the customer within the framework of platform use prior to conclusion of the travel contract
4.1. The customer will keep registration data (user ID and password), if any, secret and will not allow third parties access to the YOUDISCOVER platform with his registration data. A use of the YOUDISCOVER platform by third parties under the registration of the customer is attributed to him.
4.2. For the purpose of planning a trip, the customer communicates exclusively via the communication tool on the YOUDISCOVER platform with the LRV. The travel booking can only be made via the booking route on the YOUDISCOVER platform.
4.3. The customer shall indemnify YOUDISCOVER against any claims by third parties which may be asserted against YOUDIS-COVER due to improper use of the platform.
5. Intermediation of the travel contract
5.1. After the customer has agreed with the LRV via the communication tool of the YOUDISCOVER platform on a trip compiled ac-cording to the needs of the customer and the customer is ready to book the trip, the LRV will refer the customer to the booking route of the YOUDISCOVER platform by transmitting a link.
5.2. At the same time, the LRV submits its travel proposal to YOUDISCOVER via upload when creating the link for integration into the booking route on the YOUDISCOVER platform and places an order with YOUDISCOVER as its commercial agent to broker a package travel contract based on the travel proposal with the respective customer.
5.3. The travel proposal of the LRV is integrated into the booking route on the YOUDISCOVER platform. It does not constitute an of-fer in the sense of a declaration of intent to conclude a contract and is non-binding for the LRV.
5.4. The travel proposal, which the customer accordingly finds on the YOUDISCOVER platform within the framework of the book-ing route, contains the pre-contractual information on the essential characteristics of the travel services, the travel price and all ad-ditional costs, the payment modalities, the minimum number of participants and the cancellation fees (according to article 250 § 3 numbers 1, 3 to 5 and 7 EGBGB) for the trip of the LRV (hereinafter referred to as „Service Information“).
5.5. On the basis of this service information, the customer can make a binding travel booking.
5.6. By pressing the button (the button) „book with payment“ the customer bindingly offers YOUDISCOVER the conclusion of the package travel contract. The customer is bound to this contract offer for 10 working days after the button has been pressed and the electronic contract declaration has been sent.
5.7. YOUDISCOVER will immediately confirm the receipt of the customer’s booking declaration electronically. YOUDISCOVER acts as a receiving agent and commercial agent of the LRV. This acknowledgement of receipt does not constitute a contractual dec-laration, but is for information purposes only.
5.8. The transmission of the booking by clicking on the button „book with payment“ does not constitute a claim on the part of the cus-tomer to the conclusion of a package travel contract in accordance with his booking details. On the contrary, YOUDISCOVER is free to decide whether or not to accept the customer’s contractual offer as a commercial agent on behalf of the LRV.
5.9. The contract comes into effect upon receipt of the travel confirmation (declaration of acceptance), which YOUDISCOVER on behalf and in the name of the LRV as its authorized agent and sales representative transmits to the customer. As part of the travel confirmation, YOUDISCOVER will send the customer a travel confirmation corresponding to the legal requirements for its content as a file via e-mail attachment.
5.10. YOUDISCOVER sends the travel confirmation to the customer – again as authorized agent and sales representative of the LRV – immediately after the customer has made the booking by clicking on the button „book with payment“. This is done by directly transmitting the travel confirmation on a permanent data carrier as an e-mail attachment to the e-mail address provided by the cus-tomer during registration on the YOUDISCOVER platform. The package travel contract comes into effect immediately upon receipt of this travel confirmation by the customer.
5.11. YOUDISCOVER points out that according to the legal regulations (§§ 312 Abs. 7, 312g Abs. 2 Satz 1 Nr. 9 BGB) for package travel contracts according to § 651a and § 651c BGB, which were concluded in distance selling (e.g. via online services), there is no right of withdrawal, but only the legal rights of withdrawal and termination, in particular the right of withdrawal according to § 651h BGB (see also No. 5). However, a right of cancellation exists if the contract for travel services has been concluded outside business premises in accordance with § 651a BGB (German Civil Code), unless the oral negotiations on which the conclusion of the contract is based were based on a previous order by the consumer; in the latter case, a right of cancellation also does not exist.
6.1. Payment is processed either by YOUDISCOVER or by a licensed payment service provider appointed by YOUDISCOVER, whereby YOUDISCOVER acts as a collection agent of the local tour operator.
6.2. All customer payments are secured by an effective customer money protection contract and will be accepted without exception against delivery of a security certificate with the name and contact details of the customer money protection provider in a clear, un-derstandable and highlighted manner within the scope of the dispatch of the travel confirmation in accordance with the provisions of § 651r BGB (German Civil Code).
6.3. After conclusion of the contract, a deposit of 20% of the tour price is due for payment against delivery of the security certificate. The remaining payment is due 30 days before the start of the trip, provided that the security certificate has been handed over and the trip can no longer be cancelled for the reason stated in section 7 of the travel conditions of the LRV. For bookings made less than 30 days before the start of the trip, the entire tour price is due for payment immediately.
6.4. If the customer does not or not completely pay the travel price when the due date condition is met and the customer is not enti-tled to a right of set-off or retention at the time of due date, or if the guest is not responsible for the delay in payment, the LRV is enti-tled to withdraw from the package travel contract after issuing a reminder with an appropriate deadline and this deadline has expired and to charge the customer with cancellation costs in accordance with section 4 of the LRV travel conditions.
7. Guarantee and liability of YOUDISCOVER
7.1. YOUDISCOVER does not guarantee the correctness or completeness of the data provided by the LRV via the platform or the communication tool outside the YOUDISCOVER booking route.
7.2. YOUDISCOVER shall only guarantee the accuracy of performance information displayed on the YOUDISCOVER platform if YOUDISCOVER has either not completely and/or incorrectly reproduced performance information which it has received from the LRV about the travel proposal on the YOUDISCOVER platform or if YOUDISCOVER should have realised, if it had taken the nec-essary care, that the performance information transmitted by the LRV for intermediation on the YOUDISCOVER platform was in-correct. The information obligations of YOUDISCOVER under § 651v para. 1, Art. 250 § 3 EGBGB as well as the form required for the handing over of the traveler in accordance with Art. 250 §§ 1 and 2 EGBGB for informing the customer of a package tour as well as the booking confirmation required in accordance with Art. 250 § 6 EGBGB remain unaffected by this.
7.3. YOUDISCOVER is not liable for the conclusion of the travel contract with the LRV to be mediated until the binding customer booking has been made by pressing the button (the button) „book with payment“, in particular not with regard to any booking re-quests of the traveller with the LRV to be mediated expressed to the LRV prior to the customer booking.
7.4. As long as YOUDISCOVER can prove that the LRV has duly fulfilled its obligations under the statutory provisions of §§ 651i-t BGB, YOUDISCOVER shall not itself be liable for deficiencies in the provision of services or personal injury or property damage incurred by the traveller in connection with the travel arranged, unless YOUDISCOVER has expressly agreed or given an assur-ance to this effect with regard to the travel arranged.
7.5. A possible own liability of YOUDISCOVER from the culpable violation of obligations in the intermediation of travel contracts remains unaffected by the above provisions.
7.6. YOUDISCOVER’s own liability arising from the culpable violation of intermediation duties as well as the liability according to § 651x BGB (German Civil Code) shall also remain unaffected.
8. Notification of defects and other declarations by the customer
8.1. YOUDISCOVER is regarded as authorized by the LRV to accept notifications of defects and other declarations of the custom-er/traveller regarding the provision of the package tour.
8.2. YOUDISCOVER will immediately inform the respective intermediated LRV of such declarations of the traveller. YOUDIS-COVER recommends, in order to avoid loss of time and despite immediate forwarding, to make corresponding declarations direct-ly to the tour guide or the contact point of the LRV.
8.3. YOUDISCOVER is not obliged to advise on the type, scope, amount, prerequisites for claims and deadlines to be met or other legal provisions with regard to any claims the customer may have against the intermediated LRV.
9. Note on insurance
9.1. In the price of the mediated travel contracts no insurances are included in principle. The customer himself is responsible for adequate insurance cover.
9.2. The platform points to the possibility of taking out travel cancellation insurance to minimise the cost risk in the event of cancel-lations by the customer. The conclusion of a travel resignation cost insurance is generally recommended.
9.3. The customer is further advised that the costs incurred by him as a result of (even if not his fault) cancellation of the journey af-ter the start of the journey can only be covered by a special travel cancellation insurance and are not covered by a normal travel cancellation insurance. As a rule, such travel interruption insurance must be taken out separately.
9.4. In addition, YOUDISCOVER recommends that you ensure that you have adequate health insurance cover abroad when travel-ling abroad.
9.5. Travel cancellation, travel interruption and travel health insurance are arranged by YOUDISCOVER within the framework of the platform. For such insurance benefits intermediated – in addition to the travel benefit – the due date of the agreed premiums in each case shall result from the relevant invoices of the intermediated insurer.
10. Termination of registration on the platform
Users can terminate their registration within the framework of the Platform at any time by sending an e-mail to YOUDISCOVER to [email protected] YOUDISCOVER can terminate a registration unilaterally with a period of one week. Previously ac-crued claims remain unaffected by this. The right to extraordinary termination remains unaffected.
11. Data protection
11.1. YOUDISCOVER collects and uses personal data of users to the extent necessary.
11.1. If YOUDISCOVER is involved in the communication between the customer and an LRV to support the conclusion of a travel contract, the data required for the travel contract will be transmitted to the respective LRV. The latter processes and uses the data for the purpose of initiating the contract, concluding the contract and implementing the contract on its own responsibility. The identity of the respective LRV results from the dialogue with the LRV via the communication tool on the YOUDISCOVER platform as well as from the performance data within the YOUDISCOVER booking route and from the travel confirmation sent to the customer.
12. Alternative dispute resolution; Choice of law and jurisdiction agreement; Other provisions
12.1. YOUDISCOVER takes part in a voluntary consumer dispute resolution procedure of the General Consumer Mediation Body of the Centre for Mediation e.V. Strassburger Str 8, 77694 Kehl, Tel.: +49 7851 7957940 www.Verbraucherschlichter.de , e-mail: [email protected]
12.2. Furthermore, YOUDISCOVER refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/.
12.3. For customers/travellers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive va-lidity of German law is agreed for the entire legal and contractual relationship between the customer and YOUDISCOVER. Such customers may sue YOUDISCOVER only at the registered office of YOUDISCOVER.
12.4. For lawsuits of YOUDISCOVER against customers or contractual partners who are merchants, legal entities under public or private law or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence is unknown at the time the lawsuit is filed, the place of jurisdiction shall be the registered office of YOUDISCOVER.
Operator of the platform and intermediary commercial agent of the local tour operators:
Register Court Hamburg, HRB 154605 B
Managing Director: Jan – Hendryk Buese
D-20354 Hamburg, Germany
Phone +49 (0)40 3111 2478
E-mail address [email protected]
II. General Terms and Conditions of Travel of the Local Tour Operators (LRVs) offering via the YOUDISCOVER platform
These General Terms and Conditions of Travel apply to all contracts between the users of the YOUDISCOVER platform and the re-spective local tour operators (LRV), insofar as they have been effectively agreed. In the event of a booking, they thus become part of the package travel contract concluded between the customer and the LRV at the time of conclusion of the contract. They supplement and complete the statutory provisions of §§ 651a – y BGB (Civil Code) and Articles 250 and 252 EGBGB (Introductory Act to the Civil Code). Please read these travel conditions carefully before booking!
1. Conclusion of the package travel contract and payment
1.1. Package travel contracts are concluded exclusively through YOUDISCOVER on the YOUDISCOVER platform as part of the YOUDISCOVER booking route. YOUDISCOVER acts as an authorized commercial agent and intermediary of the LRV. In addition, reference is made to Section 6 of the General Platform Terms and Conditions of Use and Brokerage of YOUDISCOVER GmbH.
1.2. Payment is processed either by YOUDISCOVER or by a licensed payment service provider appointed by YOUDISCOVER, whereby YOUDISCOVER acts as a collection agent of the LRV. In addition, reference is made to Section 7 of the General Platform Terms and Conditions of Use and Brokerage of YOUDISCOVER GmbH.
2. Changes to the contents of the contract before the start of the journey that do not affect the price of the journey
2.1. Deviations of essential characteristics of travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and were not caused by LRV in bad faith, are permitted to LRV before the start of the journey, as far as the deviations are insignificant and do not impair the overall layout of the journey.
2.2. LRV is obliged to inform the customer about service changes on a permanent data carrier (e.g. also by email, SMS or voice mes-sage) in a clear, understandable and highlighted manner immediately after becoming aware of the reason for the change.
2.3. In the case of a substantial change of a substantial characteristic of a travel service or the deviation from special specifications of the customer which have become contents of the package tour contract, the customer is entitled to either accept the change or withdraw from the package tour contract free of charge within a reasonable period set by LRV at the same time as notification of the change. If the customer does not expressly declare withdrawal from the package travel contract to LRV within the period set by LRV, the change shall be deemed accepted.
2.4. Any warranty claims shall remain unaffected if the changed services are defective. If LRV had lower costs for the execution of the changed trip or a possibly offered substitute trip with the same quality at the same price, the difference has to be refunded to the custom-er according to § 651m Abs. 2 BGB.
3. Price increase; price reduction
3.1. In accordance with § 651f, 651g BGB and the following regulations, LRV reserves the right to increase the travel price agreed in the package travel contract to the extent that
a) an increase in the price of passenger transport due to higher fuel or other energy costs,
b) an increase in taxes and other charges on agreed travel services, such as tourist taxes, port or airport charges, or
c) a change in the exchange rates applicable to the package in question
has a direct effect on the travel price.
3.2. An increase of the travel price is only permissible if LRV informs the traveller in text form clearly and comprehensibly about the price increase and its reasons and informs the traveller of the calculation of the price increase.
3.3. The price increase is calculated as follows:
a) In the event of an increase in the price for the carriage of persons in accordance with Section 4.1.a), LRV may increase the travel price in accordance with the following calculation:
– In the event of an increase related to the seat, LRV may demand the amount of the increase from the customer.
– Otherwise, the additional transport costs demanded by the transport company per means of transport are divided by the number of seats of the agreed means of transport. LRV may demand the resulting increase amount for the individual seat from the customer.
b) In the event of an increase in taxes and other levies pursuant to Item 4.1.b), the travel price may be increased by the corresponding pro rata amount.
c) In the event of an increase in exchange rates in accordance with Item 4.1.c), the travel price may be increased to the extent that the trip has become more expensive for LRV as a result.
3.4. LRV is obliged to grant the customer/traveller a reduction in the travel price at his request if and to the extent that the prices, charges or exchange rates stated in 4.1 a) – c) have changed after conclusion of the contract and before commencement of travel and this leads to lower costs for LRV. If the customer/traveller has paid more than the amount owed hereunder, the additional amount shall be refunded by LRV. However, the LRV may deduct from the additional amount to be reimbursed the administrative expenditure actual-ly incurred by the LRV. LRV must prove to the customer/traveller at his request the amount of administrative expenses incurred.
3.5. Price increases are only permitted up to the 20th day before the beginning of the journey.
3.6. In the event of price increases of more than 8 %, the customer is entitled either to accept the change or to withdraw from the pack-age tour contract free of charge within a reasonable period set by LRV at the same time as notification of the price increase. If the cus-tomer does not expressly declare withdrawal from the package travel contract to LRV within the period set by LRV, the change shall be deemed accepted.
4. Withdrawal by the customer before commencement of travel/cancellation costs
4.1. The customer can withdraw from the package travel contract at any time before the start of the journey. Cancellation must be de-clared to LRV at the address given above/below. If the trip was booked through a travel agent, cancellation can also be declared to the latter. The customer is recommended to declare the withdrawal in text form.
4.2. If the customer withdraws before the start of the journey or does not commence the journey, LRV loses the claim to the travel price. Instead, LRV may demand appropriate compensation insofar as the withdrawal is not the fault of LRV. LRV may not claim compensa-tion if unavoidable exceptional circumstances arise at or in the immediate vicinity of the place of destination which seriously affect the performance of the package or the carriage of passengers to that place; circumstances are unavoidable and exceptional if they are not under the control of LRV and their consequences could not have been avoided even if all reasonable precautions had been taken.
4.3. LRV has determined the following compensation lump sums taking into account the period between the declaration of withdrawal and the start of the journey as well as the expected savings of expenses and the expected acquisition through other uses of the travel services. The compensation will be calculated after the date of receipt of the notice of withdrawal as follows with the respective cancel-lation scale:
• Up to 45 days prior to departure 20%
• 44 to 31 days prior to departure 30%
• 30 to 20 days before departure 45%
• 19 to 14 days prior to departure 70%
• 13 to 6 days before departure 85%
• 5 days until non-appearance 90%
4.4. In any case, the customer is at liberty to prove to LRV that LRV has suffered no damage at all or significantly less damage than the lump-sum compensation demanded by LRV.
4.5. LRV reserves the right to demand a higher, concrete compensation instead of the above lump sums if LRV proves that LRV has incurred significantly higher expenses than the applicable lump sums. In this case, LRV is obliged to quantify and substantiate the claimed compensation taking into account the saved expenses and any other use of the travel services.
4.6. If LRV is obliged to reimburse the tour price as a result of a withdrawal, LRV must make payment immediately, but in any case within 14 days of receipt of the declaration of withdrawal.
4.7. The legal right of the customer to demand according to § 651 e BGB from LRV by notification on a durable data medium that a third party instead of him enters into the rights and obligations from the package travel contract remains unaffected by the above conditions. Such a declaration is in any case timely if you receive LRV 7 days before departure.
4.8. It is strongly recommended that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness.
5.1. After conclusion of the contract, the customer is not entitled to any changes to the travel date, destination, place of departure, ac-commodation, type of catering, mode of transport or other services (rebooking). This does not apply if the rebooking is necessary be-cause LRV has not provided the traveller with any, insufficient or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; in this case the rebooking is possible free of charge. If in the remaining cases a rebooking is nevertheless made at the custom-er’s request, LRV may charge the customer a rebooking fee per traveller affected by the rebooking, subject to compliance with the following deadlines. Unless otherwise agreed in individual cases before the confirmation of the rebooking, the rebooking fee shall amount to € 50 per affected traveller up to the time of the start of the second stage of the cancellation scale of the respective type of trip in accordance with the above provision in paragraph 5.
5.2. Any rebooking requests by the customer which are made after the expiry of the deadlines can only be carried out, insofar as their execution is possible at all, after withdrawal from the package travel contract in accordance with Clause 5 under the terms and condi-tions and simultaneous new registration. This does not apply to rebooking requests, which cause only minor costs.
6. Service not used
If the traveller does not make use of individual travel services which LRV was willing and able to provide in accordance with the con-tract for reasons attributable to the traveller, he shall not be entitled to pro rata reimbursement of the travel price, insofar as such rea-sons would not have entitled him in accordance with the statutory provisions to withdraw from the contract free of charge or to terminate the travel contract. LRV will endeavour to reimburse the saved expenses by the service providers. This obligation does not apply in the case of completely insignificant services.
7. Withdrawal due to failure to reach the minimum number of participants
7.1. If a minimum number of participants is not reached, LRV may withdraw in accordance with the following regulations:
a) The minimum number of participants and the latest date of receipt by the customer of LRV’s notice of withdrawal must be stated in the relevant pre-contractual information.
b) LRV must state the minimum number of participants and the latest cancellation period in the travel confirmation.
c) LRV is obliged to declare the cancellation of the trip to the customer immediately if it is certain that the trip will not be carried out because the minimum number of participants has not been reached.
d) Cancellation by LRV later than 30 days before the start of the journey is inadmissible.
7.2. If the trip is not carried out for this reason, the customer shall immediately receive back payments made on the travel price, Section 5.6 shall apply accordingly.
8. Termination for conduct-related reasons
8.1. LRV can terminate the package tour contract without notice if the traveller, despite a warning from LRV, is a long-term disrupter or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. This does not apply if the breach of contract is caused by a breach of LRV’s duty to provide information.
8.2. If LRV terminates the contract, LRV retains the right to the travel price; LRV must, however, take into account the value of the saved expenses as well as those advantages which LRV obtains from another use of the service not used, including the amounts credit-ed by the service providers.
9. Obligations of the customer/traveller
9.1. Travel documents
The customer must inform LRV or his travel agent through whom he has booked the package tour if he does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period notified by LRV.
9.2. Notification of defects / request for remedy
a) If the trip is not free of travel defects, the traveller can demand remedy.
b) As far as LRV could not remedy the situation due to a culpable omission of the notice of defects, the traveller can neither assert reduction claims according to § 651m BGB nor claims for damages according to § 651n BGB.
c) The traveller is obliged to immediately inform the LRV representative on the spot of his notice of defects. If a representative of LRV is not available locally and is not contractually owed, possible travel deficiencies of LRV are to be brought to the attention of LRV under the notified contact point of LRV; the travel confirmation will inform about the accessibility of the representative of LRV or his contact point locally. However, the traveller may also inform his travel agent through whom he has booked the package tour of the notice of defects.
d) The representative of the LRV is instructed to remedy the situation as far as possible. However, he is not authorised to recognise claims.
9.3. Setting a deadline before termination
If the customer/traveller wishes to terminate the package tour contract in accordance with § 651l BGB due to a deficiency in travel of the type described in § 651i Para. (2) BGB (German Civil Code), insofar as it is substantial, he must first set LRV a reasonable deadline for remedial action. This only does not apply if the remedy is refused by LRV or if the immediate remedy is necessary.
9.4. Damage to and delay of baggage during air travel; special rules & deadlines for requesting redress
a) The traveller is advised that loss, damage and delay of baggage in connection with air travel must be reported immediately by the traveller to the responsible airline on site in accordance with air traffic regulations by means of a damage report („P.I.R.“). Airlines and LRV may refuse refunds on the basis of international agreements if the claim form has not been completed. In the event of damage to luggage, the damage report must be submitted within 7 days, in the event of delay within 21 days of handover.
b) In addition, the loss, damage or misrouting of baggage must be reported immediately to LRV, its representative or contact point or the travel agent. This does not release the passenger from the obligation to report the damage to the airline in accordance with letter a) within the above deadlines.
10. Special obligations of the customer in case of packages with medical services, wellness offers
10.1. In the case of packages which include medical services, yoga and wellness offers or comparable services, it is the customer’s responsibility to inform himself before booking, before commencing the journey and before using the services whether the correspond-ing treatment or services are suitable for him taking into account his personal health disposition, in particular any existing complaints or illnesses.
10.2. The LRV shall not owe any special medical information or instruction on the consequences, risks and side effects of such ser-vices, in particular tailored to the respective customer, in this respect without express agreement.
10.3. The above provisions apply irrespective of whether the LRV is only an agent for such services or whether these are part of the travel services.
11. Limitation of liability
11.1. The contractual liability of LRV for damages not resulting from injury to life, body or health and not culpably caused is limited to three times the tour price. Any further claims under the Montreal Convention or the Air Traffic Act shall remain unaffected by this limita-tion of liability.
11.2. LRV shall not be liable for service disruptions, personal injury and damage to property in connection with services which are merely arranged as third-party services (e.g. arranged excursions, sports events, theatre visits, exhibitions) if these services have been expressly and clearly identified as third-party services in the travel advertisement and the travel confirmation, stating the identity and address of the arranged contractual partner, in such a way that they are not part of LRV’s package tour and have been selected sepa-rately. §§ 651b, 651c, 651w and 651y BGB remain unaffected by this.
11.3. However, LRV shall be liable if and to the extent that the breach of LRV’s duties to inform, inform or organise has become the cause of damage to the traveller.
11.4. Insofar as services such as medical services, therapy services, massages or other therapeutic applications or services are not part of the LRV package tour and are merely arranged by the LRV in addition to the package booked in accordance with Section 12.2, the LRV shall not be liable for the provision of services or personal injury or damage to property. The liability from the intermediation relationship remains unaffected by this. To the extent that such services are part of the travel services, the LRV shall not be liable for the success of a cure or cure.
12. Assertion of claims, addressee
Claims according to § 651i Abs. (3) Nr. 2, 4-7 BGB have to be asserted by the customer/traveller against LRV. The assertion can also be made through the travel agent if the package tour was booked through this travel agent. The contractual claims listed in § 651 i Abs. (3) BGB expire in two years. The period of limitation begins on the day on which the trip should end according to the contract. A claim in text form is recommended.
13. Obligation to provide information on the identity of the operating air carrier
13.1. LRV SHALL inform the customer upon booking in accordance with the EU Regulation on the Information of Passengers about the identity of the operating air carrier before or at the latest upon booking about the identity of the operating air carrier(s) with regard to all air transport services to be provided within the scope of the booked journey.
13.2. If, at the time of booking, the operating airline(s) has (have) not yet been determined, LRV is obliged to inform the customer of the airline(s) which will probably operate the flight. As soon as LRV knows which airline operates the flight, LRV will inform the customer.
13.3. If the airline named to the customer as the executing airline changes, LRV shall inform the customer of the change without delay and as quickly as reasonably possible.
13.4. The black list drawn up in accordance with the EC Regulation (airlines prohibited from using the airspace above the Member States) is available on the LRV website or directly at https://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm and can be consulted on the LRV premises.
14. Passport, Visa and Health Regulations
14.1. LRV will inform the customer/traveller about general passport and visa requirements as well as health formalities of the country of destination including approximate deadlines for obtaining any necessary visas prior to conclusion of the contract as well as about any changes thereto prior to commencement of the journey.
14.2. The customer is responsible for procuring and carrying with him the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages resulting from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the customer/traveller. This does not apply if LRV has not provided or provided insufficient or incorrect information.
14.3. LRV IS not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if the customer has commissioned LRV with the procurement, unless LRV has culpably violated its own obligations.
15. Alternative dispute resolution; choice of law and jurisdiction agreement
15.1. With regard to the Consumer Dispute Resolution Act, LRV points out that LRV does not participate in voluntary consumer dispute resolution. If a consumer dispute resolution would become obligatory for LRV after printing of these travel conditions, LRV informs the consumers about this in an appropriate form. LRV refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.
15.2. For customers/travellers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive validity of German law is agreed for the entire legal and contractual relationship between the customer/traveller and LRV. Such cli-ents/travellers can only sue LRV at the registered office of LRV.
15.3. For legal actions by LRV against customers or contractual partners of the package travel contract who are merchants, legal enti-ties under public or private law or persons who have their place of residence or habitual abode abroad or whose place of residence or habitual abode is not known at the time the legal action is filed, the place of jurisdiction is agreed to be the registered office of LRV.