GENERAL BOOKING TERMS & CONDITIONS
Information about the Terms & Conditions when booking travel-tours-vacations with SEKEM Reisen
1. Conclusion of the travel contract
By applying for a travel/vacation offer of SEKEM Reisen, the customer accepts the terms and conditions of SEKEM Reisen, as stated here within, and offers the conclusion of the contract on the basis of the travel descriptions of the chosen journey as stated in the travel brochure/flyer/website and accepts the general terms and conditions (ARB). The application can be made verbally / telephone, in writing, by fax, or electronically. The application can be made by one applicant for all the registration participants, listed for the contractual obligations. The applicant is liable for all the participantâ€™s obligations, as for his own obligations, insofar as he has assumed this obligation through a separate declaration. The contract is legally valid through with the acceptance by SEKEM Travel, for it requires no special form.
2. Payment of travel
A deposit of 20% of the travel price must be paid after conclusion of the contract and receipt of the invoice and the Certificate of Security. The deposit will be deducted from the price. The balance of the tour price must be paid 30 days prior to departure if it is established that the journey is carried out. It may be cancelled if there are not enough participants (see section 5). The balance must be paid to SEKEM travel without additional request.
3. Services, changes of services after contract conclusion
The extent and nature of the services owed by SEKEM Reisen services arise from the performance description in the flyer in connection with the individual booking confirmation. Necessary changes of essential travel services from SEKEM Reisen which are not brought about after the contract against good faith are only permitted if the changes are not substantial and do not alter the overall form of the tour.
4. Cancellation by the customer, rebooking
The customer can withdraw from the trip at any time prior to departure. The receipt of the cancellation declaration to SEKEM Reisen is decisive.
It is recommended to declare the cancellation in writing. If the customer withdraws from the contract, SEKEM Reisen may demand reasonable compensation for their expenses incurred by the already made travel arrangements. The amount of compensation is determined by the travel price less the likely savings on expenditure by SEKEM Reisen. SEKEM Reisen can calculate this claim at his discretion concrete or as a lump sum and may require fixed compensation as a percentage of the price, based on the withdrawal time of the customers as follows:
- In case of cancellation up to 30 days before departure date 20%
- when cancelled from 29 days to 22 days before departure date 40%
- when cancelled from 21 days to 14 days before departure date 50%
- by withdrawal from the 13th day to the 7th day before departure 60%
- when cancelled from 6 days before departure date 80%
- no-show 90%
The customer is always free to prove that SEKEM Reisen has not suffered financial loss at all or much less than stated in the fixed compensation rates. SEKEM Reisen may require a higher concrete compensation as stated in the fixed compensation amount, if they can prove that much higher expenses incurred than the relevant applicable fee and other use of the saved expenses can be quantified and proven.
If requested by the customer, changes can be made even after booking the trip (changes in the travel date, the travel destination, place of departure, accommodation or type of transportation). SEKEM Reisen may require a rebooking fee of 29 euro per change. Changes can only be made up to 35 days before departure. After 35 days, changes are only possible after cancelling the travel contract under the conditions mentioned previously and simultaneous re-registration by the customer. The customer can prove that no or less damage than the above lump sum has been caused.
5. Withdrawal of SEKEM Reisen
SEKEM Reisen may withdraw from the contract, if the minimum number of participants is not reached within the time scale as stated and specified in the tour vacation information. The timescale allowed to withdraw from a journey is explicitly pointed out in the cancellation policy. SEKEM Reisen must declare a cancellation to the customer up to 30 days before the beginning of the journey/vacation. Payments made on the travel price will be refunded to the customer immediately.
6. Obligations of the customer, Remedy, Deadline before termination by the customer, display periods
The customer must immediately report any deficiencies to the local tour guide or to the address / phone number of SEKEM Reisen and to consult there within a reasonable time to remedy. SEKEM Reisen may refuse to remedy if it requires disproportionate effort. SEKEM Reisen can provide a remedy by providing equal or higher value replacement performance. If a tour is considerably disturbed due to an error and SEKEM Reisen cannot resolve the problem within reasonable time for the customer, the customer may cancel the contract; for reasons of evidence a written statement is recommended.
If remedy is impossible, or refused by SEKEM Reisen, or if the immediate termination of the contract is justified by a special interest of the traveller, the traveller is not required to give SEKEM Reisen a deadline for remedy.
Travel Contractual warranty claims must be made within one month after the contractual termination of travel towards SEKEM Reisen under their below given address. After the one-month period, the traveller may only assert claims if he has been prevented from meeting the deadline or if it comes to tortious claims.
Damage to baggage, delays in the luggage or loss of luggage in connection with flights are to be made independently under international conventions within 7 days for lost luggage and within 21 days for baggage delay after delivery of baggage. It is recommended to report the incident, loss or damage, immediately, to the relevant airline in writing, and to local authorities. In addition, the local travel guide or SEKEM Reisen should be informed.
7. Termination grounds of force majeure
If the trip is impeded, endangered or impaired due to unforeseeable force majeure, at the time, both, SEKEM Travel and the customer can cancel the contract. The legal consequences are defined by the law (§ 651j BGB, § 651e paragraph 3 BGB). According to the law, SEKEM Reisen can demand reasonable compensation for rendered or outstanding travel performances. SEKEM Reisen is obliged to take the necessary measures, in particular if the contract includes return transportation. Additional costs must be paid by the traveller, though SEKEM Reisen in any such case will help to get financial help by whatever Insurance Company can be made liable.
8. Liability limitation of the tour operator
The contractual liability of SEKEM Reisen for damages other than personal injury is limited per journey and customers to three times the travel price, if damage to the traveller was caused neither intentionally nor by gross negligence, or if SEKEM Reisen is responsible for the caused damage to the traveller solely or because of a service provider. For all damages to claims against SEKEM Reisen in tort which are not based on intent or gross negligence, SEKEM Reisen is liable to pay €4,100 per client and tour for property damage; the liability of the tour operator for damages is limited to the amount of three times the tour price per trip and customer. The limitations of liability shall not apply to claims which are given by the Montreal Convention for the loss of luggage.
9. Information requirements on identity of the operating air carrier
SEKEM Reisen is obliged, according to EU Reg. No 2111/05, to inform the customer about the identity of the respective aviation company of all deliverables under the reserved trip air transportation services at booking. Is / are the operating airline or at that time not yet been fixed, SEKEM Travel must name the airlines, that are used probably and make sure that the customer is immediately informed of identity of the Airline once it is fixed. The same applies if the operating carrier changes. SEKEM Reisen must immediately take all appropriate steps to make sure that the customer will be informed as soon as possible about the change. The blacklist of the EU is available on the website http://air-ban.europa.eu and on the website of SEKEM Reisen.
10. Passport and visa requirements, health regulations
SEKEM Reisen informs citizens of an EU country in which the tour is offered about passport and visa requirements and health formalities (e.g. police mandatory vaccinations and certificates) which are required for the journey and the stay before signing a contract and if necessary updates before the journey. Citizens of other countries should contact their relevant consulate for further information.
The buyer itself is responsible for complying with all the regulations necessary for carrying out the journey. All disadvantages arising from non-compliance with these requirements are at the customer's expense, unless SEKEM Reisen has its notice obligations not carried out or poorly met. In particular, customs and foreign exchange regulations abroad must be observed. The customer is responsible for obtaining and carrying the necessary travel documents and must make sure himself that your passport or ID card for travel has sufficient validity (see travel information in the flyer).
11. Limitation period
Travel Contractual claims under §§ 651c to 651f BGB expire in case of property and financial losses in within a year, unless the damage was not on a grossly negligent breach of duty of the organiser or on an intentional or grossly negligent breach of duty by a vicarious agent or legal representative of SEKEM Reisen. The period begins on the date on which the tour should end as stated in the contract. If there are negotiations between the customer and SEKEM Reisen on the claim or circumstances that substantiate the claim, the limitation period is suspended or ended, if the customer or SEKEM Reisen refuse to continue the negotiations. Limitation shall become effective not earlier than 3 months after the suspension ends. Tort claims and any claims for compensation for bodily injury are subject to the statutory limitation period.
12. Choice of Law, Others
Only German law applies on the whole contractual and legal relationship between the customer and SEKEM Reisen. If the customer is a merchant or a legal person under private or public law, or a person who has their domicile or habitual residence abroad, or whose domicile or habitual residence at the time of legal proceedings is not known, the place of jurisdiction is agreed to be that of SEKEM Reisen.
Essential characteristics of services: Tour Operators Liability Insurance: Schmetterling Reisen GmbH & Co KG
This travel contract, terms and conditions, is subject to German law (Paragraph 12).
Owner: Dietmar Kreuer
Obertorstr. 14a, D-88662 Überlingen
Tel: +49 (0) 7551-6003724
Fax: +49 (0) 7551-6003726
Tax ID: 83242695702