
Our contact details are:
Extratours GmbH
Jupiterstr. 9
83624 Otterfing
Germany
Tel. ++49 (0)8024 477990
Fax. ++49 (0)8024 478899
Email: info@extratours-reisen.de
Court of registration: Amtsgericht München (Local Court of Munich), number of registration: HRB 141372
Managing Directors: Eck, Roswitha + Wessely, Marion
These terms and conditions of travel define the legal relationship between you and us. By making a booking you undertake to recognise these terms and conditions of travel.
1. Booking and Confirmation
Your
booking is binding. The booking can be in written form (also by e-mail
or fax) or verbal form (also by telephone). Your booking also applies
to all persons specified in it, for whose contractual obligation you
are also liable as well as for your own if you have accepted a
corresponding special obligation through an explicit and special
declaration. You will receive a written booking confirmation (also by
e-mail or fax). The agreement comes into effect when this confirmation
is dispatched.
If the content of our confirmation differs from the
content of the booking, this is considered to be a new offer to which
we are bound for 10 days. The agreement shall be based on this new
offer if you indicate your acceptance within these 10 days. Otherwise
no travel agreement exists between you and us.
2. Payment
Upon
receipt of a confirmation and the trust letter, you are obligated to
pay a down payment of EUR 50.- per person. The remaining amount is due
45 days prior to arrival.
3. Mailing of Travel Documents
You
are responsible to make sure that you are able to receive your travel
documents on time and that they are complete and correct. If you have
not received your travel documents by 7 days before your departure
date, you are obligated to inform us immediately.
The travel
documents will either be sent to you by email (in PDF-Files, download
by Acrobat Reader), this is free of charge. If you prefer however, to
have them sent by mail an additional charge of Euro 15 per booking will
have to be paid.
4. Travel Program and Services
The
scope of the contractual services are specified in the service
description of the given offer, general information on our website and
relevant information in the confirmation. Hotel descriptions are not
binding - they are based on the claims of the hotel owners.
5. Changes in Services or Prices
Changes
to or deviations from the individual services specified in the agreed
contents of the agreement that become necessary after an agreement has
been closed and which were not brought about by us in a breach of good
faith are permitted, as long as the changes or deviations are not
considerable and not of detriment to the overall plan of the booked
services. Guarantee claims are not affected if the changed services are
defective. We will immediately inform you of any changes or deviations
in services.
6. Cancellation fee, Rebooking, Substitute Traveller
6.1. Cancellation
If
you cancel the agreement before commencement of the travel services or
do not show up for a trip, according to legal regulations (Article 651
i, Paragraph 2 BGB) we can require reasonable compensation from you.
This claim for compensation is defined as a lump sum, taking into
account the usual costs saved and possible other costs. The amount of
compensation claim permitted is calculated as follows, whereby the
right of proof of a lower claim is not affected:
From the date of the booking confirmation to June 30, 2008, 25% per person with a maximum of EUR 70.- per person;
until August 01, 2008, 50% per person with an maximum of EUR 100.- per person;
As of August 02, 2008, 100% per person.
In the case of a no-show, a bill for the full trip price is issued.
6.2. Rebooking
If
upon your request the tour date, tour destination, location where the
tour begins, accommodation or means of transport is changed once a tour
has been booked, we generally incur the same charges as in the case of
a cancellation on your part. Therefore, we have to charge the same fees
on the rebooking date as we would have for a cancellation.
6.3. Substitute Traveller
Up
until the date of travel, any registered traveller can be replaced by a
third party if you inform us of this. However, we can deny you the
substitution of another traveller if this person does not meet the
requirements of the booked tour or if he/she conflicts with statutory
provisions or government regulations - especially also in the given
countries of destination. If a request to replace a registered
traveller with another person is submitted until the start of our tour
a fee of EUR 50.- per name change will be charged; after that time the
cancellation fees specified under 6.1 apply.
6.4. In Written Form
In your own interest and for purposes of proof, cancellation, rebooking and change requests should be made in writing.
7. Services
Not
Used If you do not use specific travel services due to prematurely
returning home or due to any other compelling reasons, we will do our
best to obtain a refund for the costs saved from the service provider.
This obligation does not apply in the case of completely trivial
services or if a refund would be in conflict with statutory or
governmental regulations.
8. Withdrawal or Cancellation by Us
We
are permitted to withdraw from a tour agreement before the tour date or
cancel a tour agreement once the tour has begun under the following
conditions: Without upholding a deadline if a traveller continues to
disturb the execution of a tour despite our warning or if he/she
disregards the terms of the agreement to such an extent that an
immediate cancellation of the agreement is justifiable. If we cancel,
we have the right to the tour price; however, we must offset the value
of the costs saved as well as any benefits we obtain from unused
services that were implemented elsewhere, including amounts credited to
us by service suppliers.
9. Termination of the Agreement
Due
to Force Majeure If a tour is significantly hindered, endangered or
impaired due to a force majeure which could not be foreseen at the time
an agreement was concluded, both you and we are permitted to cancel the
agreement. If an agreement is cancelled, we can demand an appropriate
compensation for services already rendered or services to still be
rendered by the end of the tour. We are obligated to meet the necessary
measures, in particular, providing you return transportation if the
agreement includes return transportation. Any additional costs for
return transportation are to be split between you and us. Any other
additional costs are to be paid by you.
10. Liability
We
do not bear liability for information included in location or hotel
brochures or any other brochures not issued by us that are included in
the tour information.
11. Guarantee
11.1 Redress and Duty to Cooperate
If
travel services are not in keeping with the contract, the traveller can
demand redress. This requires your assistance - notwithstanding our
prime service obligation. Therefore you are obligated to do everything
which can be expected of you to eliminate the problem and keep any
possible damages that could result to a minimum or to completely avoid
them. In particular, you are obligated to immediately report any
deficiencies. Please do so by contacting us directly. We are
available at the telephone number: 08024/477 990. Outside of
business hours, please leave a message on our answering machine so that
we can call you back. Please leave your name and where you are staying.
In case of emergency during the Oktoberfest you can reach our
hotline from Friday till Sunday 10.00 am till 08.00 p.m. Our hotline
number is 08024/477990.
11.2. Reduction in Tour Price
For
the duration that the tour is not being fulfilled as specified in the
agreement, you can demand a corresponding reduction in tour price. The
reduction does not apply if you failed to report the problem.
11.3 Cancelling the Agreement
If
a tour is significantly impaired due to a deficiency, you can cancel
the agreement, that is, if prior to this you have set us an acceptable
deadline for eliminating the problem. It is not necessary to set a
deadline if the problem cannot be rectified, if we refuse to rectify
it, or if an immediate cancellation on account of a special interest of
your own is justified. In this case, you are then expected to pay us
for the services you used, that is, if they were not completely
worthless to you.
12. Passport, Visa, Customs and Currency Regulations
To
the extent possible, we will inform you of the most important
regulations before your tour begins. However, this means you must
inform us of any special conditions that apply to either you or your
travel partner(s), for example, regarding nationality, deportations.
etc. We are not liable for the timely issuance and availability of
necessary visas through the appropriate diplomatic missions, even if
you have requested that we take care of the matter for you, unless we
are responsible for the delay. You are responsible for meeting all
important regulations required for executing the tour. All
disadvantages resulting from not following them are to be carried by
you, unless they are due to our providing you with incorrect
information.
13. Limited Liability
13.1. Contractual Limited Liability
Our
contractual liability for damages, not including physical injury, is
limited to three times the tour price 1. insofar as the damage to the
traveller is neither caused by us intentionally or due to gross
negligence, or 2. insofar as we are responsible for the damage done to
a traveller due solely to the fault of a service provider.
13.2 Tortious Limited Liability
A
claim for damages against us due to a tortious action, insofar as the
damage is neither caused intentionally or due to gross negligence, is
limited to € 2.000 for material damage. These maximum liability awards
apply per customer and tour.
14. Exclusion of Claims and Statute of Limitations
Claims
for deficiencies in the tour based on the specifications of the
contract must be submitted to us within one month of the tour end as
defined in the contract. After this date, claims can only be invoked if
you were unable to meet the deadline for reasons that were no fault of
your own. In your own interest, you should submit your claims in
writing. Your claims as regards your tour agreement expire in one year.
The statute of limitations begins with the day on which the tour is
specified to end in the agreement.
15. Insurance
15.1 Insolvency Protection
We
are only permitted to demand the payment of the tour price if it has
been verified that the paid price of the tour and necessary costs for
return transportation are refunded if the travel services are not
rendered due to insolvency or bankruptcy on the part of the tour
operator (§651 k BGB). Accordingly we have insured against this
insolvency risk. We will provide you with a trust letter which
guarantees your right to direct claim against the insurer in the case
of insolvency or bankruptcy will be given to you with the booking
documents at latest when you pay the balance of the tour price.
16. Place of Jurisdiction, Applicable Law
The
place of jurisdiction for registered traders, for persons whose place
of general jurisdiction is not in Germany, and for persons who have
moved their place of residence or the place they normally reside abroad
after conclusion of the agreement, or whose place of residence or the
place they normally reside is not known at the time when the action is
filed, is Miesbach, Germany.
German law shall apply.
17. Invalidity of Individual Provisions
The invalidity of individual provisions of the tour agreement shall not affect the validity of any other remaining provisions.
Please note:
There are special terms&conditions for groups (16 people and more).
They will be hand out to you in connection with your offer or any time
you ask us.