OF THE WORLD TERMS & CONDITIONS (ENGLISH TRANSLATION)
OF THE WORLD TRAVEL GMBH IS A REGISTERED COMPANY IN THE REPUBLIC OF GERMANY. BECAUSE OF THIS, THE GERMAN VERSION OF THESE TERMS & CONDITIONS SERVES AS THE LEGALLY BINDING VERSION. THE GERMAN VERSION CAN BE FOUND HERE
1. Conclusion of the travel contract
1.1 By registering for the trip or returning the contract offer, the customer makes a binding offer to the tour operator to conclude a travel contract. This offer is based on the tour operator's travel descriptions and supplementary information for the respective trip. By submitting the offer, the customer accepts the tour operator's general terms and conditions.
1.2 Registration can be made verbally, in writing by filling out the online registration form, by telephone, or electronically (e-mail, Internet). In the case of Internet bookings, the tour operator shall immediately confirm receipt of the booking electronically. This confirmation of receipt does not constitute acceptance of the offer.
1.3 If the content of the travel confirmation differs from the content of the registration, this constitutes a new offer from the tour operator, to which it is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the customer declares their acceptance to the tour operator within the binding period by means of an express declaration, down payment or final payment.
1.4 The customer also registers for all fellow travellers listed in the registration, for whose contractual obligations the customer is responsible as for his own obligations, provided that he has assumed this obligation by means of an express and separate declaration.
1.5 The travel contract is concluded upon receipt of the tour operator's declaration of acceptance. This does not require any specific form. Upon or immediately after conclusion of the contract, the tour operator shall send the customer a written travel confirmation. The tour operator is not obliged to do so if the booking is made by the customer less than 7 working days before the start of the trip. 1.6 The travel documents will be issued after full payment has been made and sent by the tour operator approximately 10 days before the start of the trip.
2. Payment of the travel price
2.1 Within two weeks of receiving the booking confirmation and the security certificate within the meaning of Section 651r (4) of the German Civil Code (BGB), any insurance taken out and a deposit of 20% of the travel price are due. The amount of the deposit is justified by the special package tour format of a supervised youth trip, which includes supervision services in addition to the tourist services. The supervision services entail considerable additional upfront costs due to the qualified selection and training of the supervisory staff and also take into account all other upfront costs. The remaining travel price is only due once it has been confirmed that the trip will take place as booked. The remaining payment is due four weeks before the start of the trip.
2.2 If the customer fails to make the down payment and/or the remaining payment in accordance with the agreed payment due dates, even though the tour operator is ready and able to properly perform the contractual services , has fulfilled its statutory information obligations and the customer has no statutory or contractual right of retention, the tour operator shall be entitled to withdraw from the travel contract after setting a deadline and to charge the customer cancellation fees in accordance with clauses 5.2 sentences 2 to 5.5.
3. Changes to services
3.1 Changes or deviations in essential travel services from the agreed content of the travel contract which become necessary after conclusion of the contract and before the start of the trip and which were not brought about by the tour operator in bad faith are only permitted if the changes or deviations are not significant and do not affect the overall nature of the booked trip.
3.2 Any warranty claims remain unaffected if the changed services are defective.
3.3 The tour operator is obliged to inform the customer immediately of any significant changes or deviations in services on a durable medium. If necessary, it will offer the customer a free rebooking or cancellation.
3.4 In the event of a significant change, the tour operator will notify the customer of the changes and set a reasonable deadline for acceptance. The customer is entitled to accept the changes within this period, to withdraw from the travel contract free of charge or to request participation in a replacement trip, if offered. If the customer does not respond to the change communicated by the tour operator or does not respond within the set period, the communicated change shall be deemed to have been accepted. The customer must be informed of this.
4. Price adjustment: The tour operator reserves the right to change the price agreed in the travel contract in the event of an increase in transport costs or charges for certain services, such as port or airport fees, or a change in the exchange rates applicable to the trip in question, as follows.
4.1 If the transport costs existing at the time of conclusion of the travel contract increase, in particular fuel costs, the tour operator may increase the travel price in accordance with the following calculation: a) In the event of an increase related to the seat, the tour operator may demand the increase amount from the traveller. b) In other cases, the additional transport costs charged by the transport company per means of transport shall be divided by the number of seats in the agreed means of transport. The tour operator may demand the resulting increase for the individual seat from the traveller.
4.2 If the charges existing at the time of conclusion of the travel contract, such as port or airport charges, are increased for the tour operator, the travel price may be increased by the corresponding proportionate amount.
4.3 In the event of a change in exchange rates of at least 3% after conclusion of the travel contract, the travel price may be increased to the extent that the trip has become more expensive for the tour operator as a result.
4.4 An increase is only permissible if the customer is notified no later than 20 days before the start of the trip and the circumstances leading to the increase did not occur before the conclusion of the contract and were not foreseeable for the tour operator at the time of conclusion of the contract.
4.5 The traveller may demand a reduction in the travel price if and to the extent that the exchange rates have changed by at least 3% after conclusion of the contract and before the start of the trip and this leads to lower costs for the tour operator. The tour operator is obliged to grant the customer a reduction in the travel price at their request if and to the extent that the prices, charges or exchange rates specified in 4.1.a) and b) have changed after conclusion of the contract and before the start of the trip and this results in lower costs for the tour operator. If the customer has paid more than the amount owed in accordance with this provision, the tour operator shall reimburse the excess amount. However, the tour operator may deduct the administrative expenses actually incurred by it from the excess amount to be reimbursed. At the customer's request, the tour operator shall provide evidence of the amount of administrative expenses incurred.
4.6 In the event of travel price increases of more than 8% within the meaning of Section 651f (1) of the German Civil Code (BGB), clause 3.4 shall apply accordingly.
5. Cancellation by the customer, rebookings, substitute persons
5.1 The customer may cancel the trip at any time prior to departure. The date of receipt of the cancellation notice by the tour operator shall be decisive. The customer is advised to declare the cancellation in writing.
5.2 If the participant withdraws from the travel contract or does not commence the trip, the tour operator loses its claim to the travel price. Bookings can be cancelled free of charge up to 31 days before the start of the trip. Excluded from this free cancellation are individually requested flight bookings, in particular flight offers that are created specifically for individual groups. In all other cases, the tour operator may demand compensation for the travel arrangements made and for its expenses (compensation) instead of the travel price, provided that it is not responsible for the cancellation or that no unavoidable, exceptional circumstances arise at the destination or in its immediate vicinity that significantly impair the performance of the package tour. When calculating the compensation, any expenses saved and any other possible uses of the travel services shall be taken into account.
5.3 The tour operator may calculate this compensation claim as a percentage of the tour price, taking into account the following structure based on the proximity of the date of cancellation to the contractually agreed start of the tour. Standard fees: Cancellation up to 31 days before the start of the tour (unless free cancellation is possible under 5.2): 25% of the travel price, Cancellation from 30 days before the start of the trip: 50% of the travel price, Cancellation from 14 days before the start of the trip: 80% of the travel price, On the day of departure or failure to commence the trip: 90% of the travel price. At the customer's request, the tour operator is obliged to justify the amount of compensation. The traveller is free to prove to the tour operator that he has incurred no damage or significantly less damage than the flat rate demanded by the tour operator. The tour operator reserves the right to demand specific compensation in deviation from the above flat rates. In this case, the tour operator is obliged to quantify and substantiate the compensation demanded, taking into account the expenses saved and any other use of the travel service.
5.4 If, at the customer's request, changes are made after booking the trip for a date that falls within the time frame specified in the trip description, with regard to the trip date, destination, departure, accommodation, mode of transport or number of participants registered (rebooking), the tour operator may charge a rebooking fee per traveller, subject to the following deadlines.
5.5 Bookings can be rebooked to another date or destination free of charge up to 31 days before the start of the trip. This does not apply to individually requested flight bookings, in particular flight offers that are created specifically for individual groups. If the rebooking request is made later than 30 days before the start of the trip and the rebooking is still possible, the tour operator may demand reimbursement of the costs of the originally planned trip in accordance with clauses 5.2 and 5.3.
5.6 Up to 7 days before the start of the trip, the traveller may request that a third party assume the rights and obligations under the travel contract in their place. The tour operator may object to the third party taking over if the third party does not meet the travel requirements or if their participation is contrary to legal regulations or official orders. The tour operator will charge the additional costs actually incurred for the rebooking as well as any additional costs payable to service providers (e.g. airlines, ferries, etc.) for the rebooking. At the customer's request, the tour operator shall provide proof of the amount of the additional costs. If a third party enters into the contract, they and the traveller shall be jointly and severally liable to the tour operator for the travel price and the additional costs incurred as a result of the third party's entry into the contract.
6. Withdrawal by the tour operator: The tour operator may withdraw from the travel contract before the start of the trip in the following cases:
6.1 If the advertised minimum number of participants (see the respective programme description) is not reached at least 4 weeks before the start of the trip, if a minimum number of participants is specified in the trip description for the trip in question. In any case, the tour operator is obliged to inform the customer immediately after the conditions for non-fulfilment of the trip have been met and to send him the declaration of withdrawal without delay.
6.2 The organiser also has a right of withdrawal if it is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances. In this case, it must declare its withdrawal immediately after becoming aware of the reason for withdrawal.
6.3 In the event of cancellation by the tour operator, the customer shall receive a refund of the tour price paid without delay.
6.4 The tour operator expects the traveller to respect the customs, traditions and laws of the host country. If, despite prior warning, the traveller disrupts the trip to such an extent or violates the terms of the contract or applicable laws to such an extent that further participation in the trip is unreasonable, the tour operator may exclude the traveller from the rest of the trip. A prior warning is not required if the traveller's misconduct is so serious that immediate termination of the travel contract is urgently necessary. This is particularly the case if a repeat offence would endanger other travellers or employees or violate their rights (e.g. consumption of illegal drugs, violence, discriminatory behavior, deliberate bullying, sexual harassment). The tour operator shall provide age-appropriate assistance with the return transport of the traveller, if necessary. Any costs incurred shall be borne by the traveller. In addition, the tour operator retains the right to claim the travel price.
7. Limitation of liability
7.1 The contractual liability of the tour operator for damages that are not physical injuries and were not caused culpably, or for which the organiser is liable to the traveller solely due to the fault of a service provider, is limited to three times the tour price. Any claims exceeding this amount under international agreements or statutory provisions based on such agreements shall remain unaffected by this limitation.
7.2 The tour operator shall not be liable for service disruptions in connection with services that are merely arranged as third-party services if these services are expressly identified in the travel advertisement and the travel confirmation, stating the identity and address of the arranged contractual as third-party services, so that it is clear to the traveller that they are not part of the tour operator's package tour and have been selected separately. Sections 651b, 651c, 651w and 651y of the German Civil Code (BGB) remain unaffected by this. However, the tour operator shall be liable if and to the extent that damage suffered by the traveller was caused by a breach of the tour operator's duties to provide information, clarification or organisation.
8. Obligation to cooperate
8.1 In the event of service disruptions, the traveller is obliged to cooperate within the framework of the statutory provisions in order to avoid or minimise any damage.
8.2 In particular, the traveller is obliged to report any defects to the local tour guide without delay. The tour guide is responsible for remedying the situation, if possible. If the traveller culpably fails to report a defect and the tour operator is therefore unable to remedy the situation, the traveller cannot claim a reduction in price or compensation.
9. Passport, visa and health regulations
9.1 The tour operator shall inform the customer about passport, visa and health regulations before the contract is concluded and about any changes to these regulations before the start of the trip. It is assumed that there are no special circumstances relating to the customer and any accompanying persons (e.g. dual citizenship, statelessness).
9.2 The traveller is responsible for obtaining and carrying the necessary travel documents, any necessary vaccinations and complying with customs and foreign exchange regulations. Any disadvantages arising from non- compliance with these regulations, e.g. the payment of cancellation fees, shall be borne by the traveller. This does not apply if the tour operator has culpably failed to provide information, provided insufficient information or provided incorrect information.
9.3 The tour operator is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic mission if the traveller has commissioned the tour operator to obtain them, unless the tour operator has culpably violated its own obligations.
10. Luggage transport: Luggage will be transported within normal limits. This means a maximum of one suitcase and one piece of hand luggage per person, plus one pair of skis or snowboards for winter sports trips. Any deviations require the prior consent of the organiser. Luggage and other items taken along must be supervised by the traveller when changing trains.
11. Place of jurisdiction
11.1 The traveller may only sue the tour operator at its registered office. The office is registered in Bonn.
11.2 The traveller's place of residence shall be decisive for legal action taken by the tour operator against the traveller.
11.3 For legal action against customers or contractual partners of the tour operator 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 unknown at the time the action is brought, the place of jurisdiction shall be the registered office of the tour operator.
12. Exclusions: The above provisions shall not apply a) if and to the extent that contractually non-negotiable provisions of international agreements applicable to the travel contract between the traveller and the tour operator stipulate otherwise in favour of the customer, or b) if and insofar as non-negotiable provisions applicable to the travel contract in the EU member state to which the customer belongs are more favourable to the customer than the following provisions or the corresponding German regulations.
13. Ineffectiveness of individual provisions: The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire contract.
14. Duty to provide information on the identity of the operating air carrier: According to EU Regulation 2111/2005, the organiser is obliged to inform the traveller at the time of booking about the identity of the operating air carrier providing the air transport services in connection with the booked trip. If the operating airline has not yet been determined, the probable airline must first be named and the customer informed accordingly as soon as the operating airline has been determined. If there is a change in the operating airline, the organiser must inform the customer immediately. The information about the operating airline within the meaning of EU Regulation 2111/2005 does not constitute a contractual claim to the performance of air transport with the named airline and does not represent an assurance, unless such an assurance is provided for in the travel contract. Insofar as it is contractually agreed in a permissible manner, the organiser expressly reserves the right to change the airline. The “Community list” of unsafe airlines published by the EU Commission on the basis of EU Regulation 2111/2005 is available at http://ec.europa.eu/transport/air-ban/list_de.htm (follow the links there to the current list) and will also be sent to the traveller on request before booking.