As of 01.01.2009

1. Scope of application

These general terms and conditions are integral part of the travel and management coaching treaty concluded between the customer and the host.

2. Subject matter of the contract, conclusion of the contract

2.1	The customer’s registration constitutes a binding offer towards the host for the conclusion of the travel and management coaching treaty.
2.2	The travel and management coaching treaty between customer and host is concluded by written confirmation of the registration. The customer is obligated to immediately verify the booking confirmation and the tickets conveyed to him as well as any other travel documents and to pay particular attention to the fact that the declared travel data and the effected booking are identical. If the customer notices variations or false information, he has to point this out to the originator and host immediately.
2.3	Travel documents are either mailed or deposited at the airport for collection by the customer, as the case may be for a separate fee. The type of transmission is separately communicated to the customer. In the event of transmission, the risk of the loss of tickets or other travel documents devolves to the customer as soon as the host has handed over the documents to the assigned forwarder.

3. Payment

3.1	When the contract is concluded, 20% of the travel and course costs become due on delivery of the booking confirmation. Together with the confirmation, a chattel paper as defined by § 651 k BGB is handed over.
3.2	The residual travel and course costs fall due by entry of the complete travel and course documents.
3.3	The amount of commission and outstanding payment and as the case may be also cancellation charges arise from the confirmation. The fees in case of a cancellation (Article 6.1.3) as well as handling and transfer posting fees (Article 8) become immediately due.
3.4	Generally, a payment by bank debit memo, bank transfer or credit card is possible. In exceptional cases, the amount can also be paid in cash to the host.
3.5	Generally, the commission amount is paid within one week after conclusion of the contract; the outstanding payment is debited 4 weeks before commencement of travel, the latter, however, is not paid before the entry of the complete travel and course documents.
3.6	If the travel and course documents are not being received by 4 days before commencement of travel at the latest, the customer is requested to contact the host immediately.
3.7	The host is entitled to the right of withdrawal if payments falling due are not or not completely paid after reminder with fixing of a period of time unless there is a substantial travel deficiency at that time. In case of a withdrawal of the travel and management coaching treaty as defined by the previous sentence, the host can levy cancellation fees according to Article 6.1.3. Furthermore, the host reserves the right to levy over-all collection expenses of € 10.00 for the second reminder. The customer has the possibility to provide proof of expenses which didn’t emerge or which are considerably lower.
3.8	Expenses of incidental services (e.g. the acquisition of a visa) are not included in the travel price unless this is formally indicated in the specification of services.

4. Services

4.1	The services stipulated by contract (coaching, excursions, transportation etc.) arise from the specification of services in the catalogue, internet, flyer etc. in conjunction with the indications of the booking confirmation referring to this. Before conclusion of the contract, the host can implement a change of the specification of services at any time. Of course, the customer will be informed about any change before booking.
4.2	The operating aviation company is disclosed when booking or in case of a replacement. If it is uncertain, the presumably operating aviation company is disclosed. Information by tourist agencies concerning flight times is subject to change. It is also advised that stopovers can be possible due to reasons related to flight and agenda.

5. Change in service and costs

5.1	After conclusion of the contract, the host can carry out changes and variations in single services of the travel and management coaching treaty’s concerted content as far as they are necessary, and unless they are induced in bad faith by the host and compromise the overall arrangement of the booked travel.
5.2	The host is obligated to inform the customer about changes or variations in services. In case of a change or variation in services, the customer can be offered a free transfer posting or cancellation if applicable.
5.3	On cruises, only the captain decides on necessary changes of the running time and / or the route, e.g. for security or weather reasons.
5.4	In case of an increase of transportation costs or dues for certain services like harbour dues or airport charges, the host is authorized to change the price concerted in the travel and management coaching contract accordingly as follows.
5.4.1	The travel and course price can be increased on a pro-rata basis if dues like harbour dues or airport charges in being at the time of conclusion of the travel and management coaching treaty are increased vis-à-vis the host.
5.4.2	If the transportation costs, especially fuel costs, in being at the time of conclusion of the travel and management coaching treaty are increased, the host reserves the right to increase the travel price accordingly.
5.4.3	An increase according to Article 5.4.1 and 5.4.2 is only valid in case of a period of 4 months between conclusion of the contract and the concerted travel date and if the circumstances leading to the increase neither occurred nor were predictable for the host before conclusion of the contract.
5.5	The host is obligated to immediately inform the customer in case of a subsequent change in the travel and course price. Price rises from the 20th day before commencement of travel on are ineffective. If price rises are above 5%, the customer is authorized to withdraw from the travel and management coaching treaty without additional charges or to ask for the participation in a journey of equal value at least if the host is able to offer it. The reciprocal rights and obligations mentioned in this section are also valid in case of an admissible change of a substantial service.
5.6	The customer is only entitled to the aforementioned rights if he enforces them immediately after the host’s statement concerning the price rise or the change in service.

6. Withdrawal, cancellation

6.1	Before commencement of travel, the customer is entitled to a right of withdrawal. Regarding the point in time, the entry of the withdrawal statement is arbitrative.
6.1.1	In case of a withdrawal, the host is not eligible for payment of the concerted travel or course price, but he can claim restitution for his expenditure, the provisions he made for the journey (cancellation fee). The same applies if the customer doesn’t approach the journey for reasons which the host is not responsible for, except for cases of force majeure (Article 6.5). When calculating the restitution, saved expenditures must be considered.
6.1.2	If the customer can’t approach the journey for reasons which the host is not responsible for (absence of important travel documents, late arrival at the airport etc.), the customer has to pay cancellation fees, too.
6.1.3	Cancellation fees are enforced by the host in a lump sum. Generally, this lump sum amounts to - up to the 31st day before commencement of travel 40% - from the 30th day before commencement of travel on 50% - from the 22nd day before commencement of travel on 60% - from the 15th day before commencement of travel on 75% - from the 2nd day before commencement of travel till the day of commencement of travel or when not approaching the journey 95% of the travel price per capita.
6.1.4	In case of absence or a withdrawal from the journey, the customer has the possibility to provide proof of expenses which are actually lower than those settled in the lump sum.
6.2	The customer is also entitled to a right of withdrawal in the scope of the legal requirements during the travel if the travel is substantially impaired due to a deficit and if the host doesn’t put things right within an adequate respite. The same applies if the realization of the travel cannot be inflicted on the customer due to a deficit for good cause which is perceptible for the host. The respite to put things right is unnecessary if this is impossible or if the remedy is rejected. An immediate cancellation without respite to put things right can also be justifiable with a special interest of the customer. In this case, the customer can claim to be transported back and is only obliged to pay the services which he actually made use of included in the travel and management coaching treaty.
6.3	The host can cancel the travel and management coaching treaty if the customer conducts contrary to the terms of the contract. In this case, the host is entitled to the payment of the travel and course price. The customer must also pay any additional costs for being transported back whereas the host has to get saved expenditures and vantages accredited.
6.4	The host is authorized to withdraw up to 6 weeks before commencement of travel if the travel is not practicable (e.g. due to a minimum attendance). In this case, the customer immediately receives a cancellation and gets his right to claim the realization of a travel of equal value, provided that the host is able to do so and that this travel doesn’t cause additional costs. The customer retrieves the complete travel and course price if he does not accept the proposal of an equal travel or if the host cannot offer an equal travel.
6.5	Concerning a cancellation in cases of force majeure, reference is made to § 651j BGB. This article’s wording is the following one: "(1) If the travel is hindered, jeopardized or impaired due to force majeure which was not predictable at the time of conclusion of the contract, both the host and the traveller can only cancel the contract in compliance with this prescription. (2) If the contract is cancelled according to paragraph 1, the prescription of § 651e para. 3 clause 1 and 2, para. 4 clause 1 shall be applied. The additional costs for being transported back shall be beard by both parties one half each. For the rest, the customer is charged with additional costs."
6.6	The customer can read up on current travel references of the target countries at the Foreign Office on www.auswaertiges-amt.de on the internet or by telephone on 030-5000-2000.

7. Further rights of the customer

7.1	The customer has a right of remedy if the service is not performed accordingly to the contract. In this case, the host can put things right by performing a fringe benefit remuneration. Refusing the remedy is only possible if it requires a disproportionate expenditure.
7.2	In case of non-contractual services, the customer has a right of a travel and course price lowering. The precondition for this purpose is that the customer does not culpably neglect the complaint of the defects.

8. Booking modification

8.1

The customer has the right to assign the booked travel to a third party of his choice. The precondition for this purpose is that the customer gives the host sufficient notice about it and that he provides him with all the required personal data of the third party. The host can refuse the assignment if reasons are existent that make the realization of the travel impossible. The host can ask a liquidated handling fee of € 30.00 of the customer for the assignment. The customer and the third party are liable for the travel price and any additional costs as joint and several debtors.

9. Liability

9.1	Accordingly to the legal requirements, the customer can also claim damages besides cancellation and a travel and course price lowering if a deficit is existent as far as the host is responsible for the factor on which the deficit is based on.
9.2	The customer’s claims of compensation on the travel and course contract are limited to three time the travel and course price. This does not apply to bodily injuries and damages that were caused at least grossly negligent by the customer.
9.3	Concerning tort claims of compensation of the customer, the liability for material damage is limited to three times the travel and course price if the damage is not based on intent or gross negligence.
9.4	The host is liable for the services he provides. That includes the booked travel activities (coaching, excursions etc.) according to the booked programme as well as main and intermediate transport performances during the entire travel. The host is also liable for damages which arose by reason of a culpable violation of indication, clarification or organization obligations.
9.5	In case of performance impairments, the customer is obligated to avoid damage or to keep it as low as possible.
9.6	Complaints shall be communicated to the tour representatives and remedy shall be claimed immediately on the premises. If the tour representatives are unavailable, the customer must contact the host. There are contact details in the travel documents. The host requests to notify damage to baggage and goods immediately to the responsible airline by means of loss advice. If the customer culpably neglects to report a deficit, he is not entitled to claims.
9.7	An allowance of claims by tour representatives is not possible.

10. Disqualification, prescription, assignment

10.1	Claims according to §§ 651 c to 651 f BGB due to a non-contractual provision of the travel must be lodged towards the host within one month after the ending of the travel scheduled in the travel and management coaching treaty towards the host. A failure to observe the time limit is only innocuous if the customer does not bear the blame for the non-compliance of the respite.
10.2	Claims of the customer according to §§ 651 c to 651 f BGB from damages arising out of death, injury to body or health become time-barred after two years if the damages rely on a negligent breach of duty of the host or on an intentional or negligent breach of duty of a legal representative or assistant of the host. The same statute of limitation also applies upon remuneration of other damages relying on a grossly negligent breach of duty of the host or on an intentional or grossly negligent breach of duty of a legal representative or assistant of the host The remaining claims according to §§ 651c to 651f BGB become time-barred after one year. Claims arising from tort become time-barred after three years.
10.3	The assignment of claims against the host is excluded except for claims among accompanying family members.

11. Entry requirements, miscellaneous information

11.1	The host informs the customer, who is citizen of the country in which the travel is booked, about entry requirements and other important regulations of the respective target country. Citizens of other countries must get information by themselves (embassy, consulate). Furthermore, important regulations are contained in the travel documents or can be inquired of the host.
11.2	However, the traveller is responsible for the compliance with all regulations which are important for the realization of the travel and should get information about the regulations concerning passport, visas, customs, foreign currency and health soon enough before commencement of travel.

12. Data protection

The host collects certain personal data of the customer and, if necessary, also of other travellers. These data are required for the realization of the travel and management coaching treaty and solely used and processed for this purpose. A transmission of data to uninvolved third parties does not take place.

13. Final clauses

13.1	Solely the law of the Federal Republic of Germany applies to the contract.
13.2	If the customer is a merchant, a body corporate organized under public law or a special fund under public law, the exclusive court of jurisdiction for any dispute arising from or associated with the brokerage agreement is the host’s registered office in Freiberg a.N./ local district court of Ludwigsburg.

Imprint Contact Terms and conditions Privacy statement Disclaimer