General Terms of Use of YouDiscover GmbH, Hamburg

as well as

General terms and conditions of Travel of Local tour operators registered with the platform of YOUDISCOVER

 

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 „Platform“).

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 and book individual travel plans through direct communication and direct booking with the local tour operator. Communication and payment tools enable direct handling of the entire booking process between consumer customers and the local tour operator.

The resulting travel contracts are concluded directly between consumer customers and the respective local tour operators. YOUDISCOVER therefore does not act as a tour operator within the framework of the platform. Rather, YOUDISCOVER merely provides the platform for use by the customer with the help of which the customer can book trips with local tour operators if interested. In the case of booking, the respective local tour operator is the contractual partner of the customer as the tour operator of the booked trip.

 

Against this background, the following conditions are subdivided into

 

I. General Terms of Use of YouDiscover GmbH, Hamburg for the Use of the Platform

and

II. General Terms and Conditions of Local Tour Operators (LRV) registered on the YOUDISCOVER Platform

 

I.

General Terms of Use of YOUDISCOVER GmbH for the use of the platform

 

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 appropriate contact establishment/mediation of the consumer customer to the LRV according to the wishes of the customer. Under no circumstances does YOUDISCOVER itself act as a tour operator or contractual partner with regard to individual travel services offered to the consumer customer via the platform.

1.2. For the use of the platform as well as the establishment of contact/mediation of the consumer customer to an LRV the terms of use according to this part I apply.

1.3. For any resulting travel contracts between consumer customers and LRV, the travel conditions of the LRV apply in accordance with Part II below.

2. Registration

2.1. The platform can be used free of charge by any interested traveler in the German-speaking area. The YOUDISCOVER platform 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 forwarding to the LRV for the concrete coordination and compilation of a trip or for arranging travel bookings with the LRV, require registration of the user.

2.3. Upon registration, the user submits an electronic registration form and agrees to these Terms of Use. The registration by YOUDISCOVER is completed only with confirmation to the e-mail address provided by the user. Natural persons must be at least 18 years of age to register.

3. YOUDISCOVER Services/Conclusion of 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 destination.

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 and booking 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.

3.4. The booking of travel contracts itself always and exclusively takes place directly between LRV and the customer, without YOUDISCOVER becoming involved in the contract conclusion process as such in any way.

3.5. YOUDISCOVER assumes no liability, neither for the correct presentation of travel proposals of the LRV, nor for the contractual provision of travel services of the LRV.

4. Payment of Travel Services via YOUDISCOVER Platform

4.1. The travel contract with the LRV shall apply to the travel price to be paid by the user in the event of booking. The LRV issues invoices in this respect.

4.2. The customer’s contact person with regard to the travel contract agreed in the booking and the relevant travel price is the respective LRV as tour operator and contractual partner of the customer.

4.3. In case of booking, all down payments by customers on the travel price are secured by a legal customer money insurance of the LRV according to §651r BGB. The LRV is instructed not to accept any down payments without first issuing a corresponding security note.

4.4. All customer payments are processed by means of a secure payment tool available on the platform through the involvement of a third party as payment service provider.

4.5. All customer payments must be made via the payment tool. In order to use the YOUDISCOVER payment tool, the customer must register. The customer must provide payment information truthfully and update it immediately in the event of changes.

5. Duties and Obligations of the Customer

5.1. 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/her registration data. A use of the YOUDISCOVER platform by third parties under the registration of the customer is attributed to him/her.

5.2. After receiving performance information, the customer can send any orders via the communication tool on the YOUDISCOVER platform for forwarding to the provider.

5.3. The customer shall indemnify YOUDISCOVER against any claims by third parties which may be asserted against YOUDISCOVER due to improper use of the platform.

6. Note on Insurance

6.1. In the price of the brokered travel contracts no insurances are included in principle. The customer himself is responsible for adequate insurance cover.

6.2. The platform points to the possibility of taking out travel cancellation insurance to minimise the cost risk in the event of cancellations by the customer. The conclusion of a travel resignation cost insurance is generally recommended.

6.3. The customer is further advised that the costs incurred by him as a result of (even if not his fault) cancellation of the journey after 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.

6.4. In addition, YOUDISCOVER recommends that you ensure that you have adequate health insurance cover abroad when travelling abroad.

6.5. Travel cancellation, travel interruption and travel health insurance are arranged by YOUDISCOVER within the framework of the platform. For such insurance benefits brokered – in addition to the travel benefits – the due date of the agreed premiums in each case results from the relevant invoices of the respective brokered insurer.

7. Availability and Warranty

7.1. YOUDISCOVER does not guarantee the correctness or completeness of the data provided by LRV via the platform or the communication tool.

7.2. YOUDISCOVER does not guarantee the travel services offered by the LRV. For questions and claims in connection with a booked travel contract and its execution, the brokered LRV is to be contacted as the tour operator and contractual partner of the customer.

8. Liability by YOUDISCOVER

8.1. YOUDISCOVER is not liable for the conclusion of travel contracts with the respective LRV according to the booking request of the customer, unless YOUDISCOVER has assumed such an obligation by express agreement with the customer.

8.2. YOUDISCOVER shall not be liable in respect of the LRV and its services for defects in the provision of services or for personal injury or damage to property suffered by the customer in connection with the LRV’s travel services, unless YOUDISCOVER gives reason to believe that it will provide the planned travel services on its own responsibility.

8.3. A possible own liability of YOUDISCOVER from the culpable injury of duties with the contact production to an LRV or with the support or switching of travel contract conclusions remains unaffected by the preceding regulations. A liability of YOUDISCOVER according to § 651x BGB remains unaffected as well.

9. Notice

Users can terminate their registration with the Platform at any time by sending an e-mail to YOUDISCOVER to

kontakt@youdiscover.de YOUDISCOVER can terminate a registration unilaterally with a period of one week. Previously accrued claims remain unaffected by this. The right to extraordinary termination remains unaffected.

10. Data Protection

10.1. YOUDISCOVER collects and uses personal data of users to the extent necessary.

10.2. 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 booking dialogue.

10.3. Further information can be found in YOUDISCOVER’s Privacy Policy at www.youdiscover.de/datenschutz

11. Alternative Dispute Resolution; Choice of Law and Jurisdiction Agreement; Other Provisions

11.1. 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 , Email: mail@verbraucher-schlichter.de .

11.2. Furthermore, YOUDISCOVER refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/ .

11.3. 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 and YOUDISCOVER. Such customers may sue YOUDISCOVER only at the registered office of YOUDISCOVER.

11.4. 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.

11.5. Should any provisions of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions.

 

is the operator of the platform:

 

  • YOUDISCOVER Ltd.

  • Register court Hamburg, HRB 154605 B

  • Managing Director: Jan-Hendryk Buese

  • Valentinskamp 24,

  • D-20354 Hamburg, Germany

  • Phone: +49 (0)40 3111 2478

  • email address: kontakt@youdiscover.de

 

 

II.

General Terms and Conditions of Travel of Local Tour Operators (LRVs) registered with the YOUDISCOVER platform

 

These General Terms and Conditions of Travel apply to all contracts between the users of the YOUDISCOVER platform and the respective 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, Obligations of the Customer

1.1. This applies to all booking channels:

a) Basis of the offer of LRV and the booking of the customer are the travel advertisement and the supplementing information of LRV for the respective journey, as far as these are present to the customer with the booking.

b) Information in hotel guides and similar directories which are not published by LRV shall not be binding for LRV and LRV’s obligation to perform unless they have been made part of LRV’s obligation to perform by express agreement with the customer.

c) If the content of the travel confirmation of LRV differs from the content of the booking, a new offer of LRV is available, to which LRV is bound for a period of 7 days. The contract shall be concluded on the basis of this new offer, insofar as LRV has pointed out the change with regard to the new offer and the customer declares acceptance to LRV by express declaration or down payment within the binding period.

d) The customer is liable for all contractual obligations of fellow travellers for whom he makes the booking, as for his own, insofar as he has assumed a corresponding obligation by express and separate declaration.

1.2. The booking made via the communication tool of the YOUDISCOVER platform on the basis of non-binding travel suggestions of the LRV is valid:

a) With the booking, the customer bindingly offers LRV the conclusion of the package travel contract on the basis of the travel proposal submitted by LRV. The customer is bound to the booking for 10 working days.

b) The contract is concluded with the receipt of the travel confirmation (declaration of acceptance) by LRV. Upon or immediately after conclusion of the contract, LRV shall send the customer a travel confirmation on a permanent data carrier (which enables the customer to store or store the declaration unchanged in such a way that it is accessible to him within a reasonable period of time, e.g. on paper or by e-mail).

1.3. LRV points out that according to the legal regulations (§§ 312 Abs. 7, 312g para. 2 Sentence 1 Nr. 9 BGB) in the case of package tour contracts in accordance with § 651a and § 651c BGB, which were concluded in distance selling (letters, catalogues, telephone calls, faxes, e-mails, messages (SMS) sent via the mobile telephone service as well as radio, telemedia and online services), there is no right of withdrawal, but only the statutory rights of withdrawal and termination, in particular the right of withdrawal in accordance with § 651h BGB (see also section 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.

2. Payment

2.1. LRV and travel agents may only demand or accept payments on the travel price before the end of the package tour if an effective customer money protection contract exists and the customer has received the security note with the name and contact details of the customer money insurer in a clear, understandable and highlighted manner. After conclusion of the contract, a deposit of 20% of the tour price is due for payment against delivery of the security note. The balance is due 30 days before the start of the trip, provided that the security note has been handed over and the trip can no longer be cancelled for the reason stated in section 8. For bookings made less than 30 days before the start of the trip, the entire tour price is due for payment immediately.

2.2. If the customer does not make the down payment and/or the remaining payment in accordance with the agreed payment due dates, although LRV is willing and able to duly provide the contractual services, has fulfilled its legal information obligations and there is no legal or contractual right of retention on the part of the customer, LRV shall be entitled, after issuing a reminder setting a deadline, to withdraw from the package travel contract and to charge the customer with the costs of withdrawal in accordance with section 5.

3. Changes to the Contents of the Contract Before the Start of the Journey That Do Not Affect the Price of the Journey

3.1. 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.

3.2. LRV is obliged to inform the customer about service changes on a permanent data carrier (e.g. also by email, SMS or voice message) in a clear, understandable and highlighted manner immediately after becoming aware of the reason for the change.

3.3. 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.

3.4. 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 customer according to § 651m Abs. 2 BGB.

4. Price Increase; Price Reduction

4.1. 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.

4.2. 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.

4.3. 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.

4.4. 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 actually incurred by the LRV. LRV must prove to the customer/traveller at his request the amount of administrative expenses incurred.

4.5. Price increases are only permitted up to the 20th day before the beginning of the journey.

4.6. In the event of price increases of more than 8 %, the customer is entitled either to accept the change or to withdraw from the package tour contract free of charge within a reasonable period set by LRV at the same time as notification of the price increase. 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.

5. Withdrawal by the Customer Before Commencement of Travel/Cancellation Costs

5.1. The customer can withdraw from the package travel contract at any time before the start of the journey. Cancellation must be declared 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.

5.2. 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 compensation 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.

5.3. 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 cancellation scale:

 

  • Up to 45 days prior to departure 20%.

  • 44 to 31 days before departure 30%.

  • 30 to 20 days before the start of the trip 45%.

  • 19 to 14 days before the start of the journey 70%.

  • 13 to 6 days prior to departure 85%.

  • 5 days until non-appearance 90% of the time

 

5.4. 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.

5.5. 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.

5.6. 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.

5.7. 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.

5.8. 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.

6. Transfers

6.1. After conclusion of the contract, the customer is not entitled to any changes to the travel date, destination, place of departure, accommodation, type of catering, mode of transport or other services (rebooking). This does not apply if the rebooking is necessary because 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 customer’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 section 5.

6.2. 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 section 5 under the terms and conditions and simultaneous new registration. This does not apply to rebooking requests, which cause only minor costs.

7. 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 contract for reasons attributable to the traveller, he/she shall not be entitled to pro rata reimbursement of the travel price, insofar as such reasons would not have entitled him/her 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.

8. Withdrawal Due to Failure to Reach the Minimum Number of Participants

8.1. 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.

8.2. 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.

9. Termination for Conduct-Related Reasons

9.1. 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.

9.2. 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 credited by the service providers.

10. Obligations of the Customer/Traveller

10.1. 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.

10.2. 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/her 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/she is not authorised to recognise claims.

10.3. 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/she 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.

10.4. 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.

11. Special Obligations of the Customer in Case of Packages with Medical Services, Wellness Offers

11.1. 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 corresponding treatment or services are suitable for him taking into account his personal health disposition, in particular any existing complaints or illnesses.

11.2. The LRV shall not owe any special medical information or instruction on the consequences, risks and side effects of such services, in particular tailored to the respective customer, in this respect without express agreement.

11.3. 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.

12. Limitation of Liability

12.1. 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 limitation of liability.

12.2. 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 separately. §§ 651b, 651c, 651w and 651y BGB remain unaffected by this.

12.3. 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.

12.4. 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 brokerage 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.

13. 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.

14. Obligation to Provide Information on the Identity of the Operating Air Carrier

14.1. 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.

14.2. 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.

14.3. 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.

14.4. 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.

15. Passport, Visa and Health Regulations

15.1. 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.

15.2. 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.

15.3. 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.

16. Alternative Dispute Resolution; Choice of Law and Jurisdiction Agreement

16.1. 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.

16.2. 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 clients/travellers can only sue LRV at the registered office of LRV.

16.3. For legal actions by LRV against customers or contractual partners of the package travel contract who are merchants, legal entities 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.