| 1. |
Booking and Payment |
| 1.1. |
Reservation is not necessary but is recommended. Reservations can be made in writing or through the Internet. A reservation becomes a booking after confirmation by TooT which results in the completion of a travel contract. |
| 1.2. |
The travel contract (travel booking and travel confirmation) will be delivered if possible per post, fax or E-Mail before departure. If the traveller does not return the signed travel booking within 7 days after receiving the travel booking TooT may withdraw from the reservation.
In case delivery is not possible as well as in case of short-term bookings the travel contract is handed out before the commencement of the journey. Additional agreements (special wishes, agreements, etc.) changing the extent of the contractual obligations need to be confirmed in writing by the tour operator. |
| 1.3 . |
If the content of the travel confirmation differs from the content of the travel booking TooT will indicate this explicitly in the travel confirmation. If within 10 days the traveller does not object in writing to the changed content of the travel confirmation or commences the journey the contract is made on the basis of the new offer. |
| 1.4. |
Payment may be made by check, bank transfer or credit card. All fees possibly arising are paid by the customer. |
| 1.5 . |
The price for the journey has to have been paid in full before commencement of the journey. |
| 1.6. |
All payments shall be made in Euro ( € ). If this is not possible payments in any other currency are converted at the actual exchange rate of the day of payment. |
| 2. |
Performance |
| 2.1. |
The contractual performance of the tour operator depends on the binding offer specified in the brochure/homepage as well as the travel documents in particular of the travel booking and confirmation. |
| 2.2. |
Luggage is transported to the usual extent, this means a maximum of one rucksack and one piece of hand luggage per person. |
| 2.3. |
Travel route, date and performance may be changed after commencement of the journey in agreement with the tour operator. |
| 2.4. |
TooT will always make every effort to adhere to the planned departure and arrival dates but cannot guarantee these. However, should delays occur TooT is not liable for the damage or inconvenience resulting from this delay. |
| 2.5. |
In exceptional cases other means of transport than the coaches provided by the tour operator may be used for transport. |
| 3. |
Rebooking, Third Person Traveller and Withdrawal by the Customer. |
| 3.1. |
Travel date and travel route bookings may be changed up to 48 hours before the journey is due to start. TooT may claim an amount of up to 20,- EUR for rebooking. |
| 3.2. |
Right up to the start of the journey the traveller may request that a third person enter into the rights and obligations of the travel contract. TooT may object to the third person's entrance, if he/she does not meet the special requirements for the journey. |
| 3.3. |
The customer may at all times before the start of the journey cancel the journey booked. In any case the traveller must give written notice that he/she wishes to cancel the journey. TooT is entitled to compensation depending on the date of when this notice is received by TooT. If a customer notifies TooT that he/she wishes to cancel the journey or if a customer does not appear at the start of the journey TooT may charge per person a flat rate in compensation in accordance with the following percentages of the price of the journey:
21 days before the start of the journey 10%
14 days before the start of the journey 25%
7 days before the start of the journey 50%
48 hours before the start of the journey 75%
After that or when he/she does not appear 100% |
| 3.4. |
Vacant seats resulting from the cancellation of the journey or non-appearance may be filled again immediately. |
| 3.5. |
As soon as the customer has started the journey refunds or changes are no longer possible. |
| 4. |
Cancellation of the Journey, Changes in Offer and Price |
| 4.1. |
TooT may withdraw from the contract up to 14 days prior to the start of the journey if the minimum of 10 participants is not reached. |
| 4.2. |
If by force majeure e. g. natural disasters the journey is made considerably difficult, endangered or affected both parties may terminate the travel contract. In case of termination the operator may claim an adequate compensation for travel services rendered or due to be rendered. Apart from this TooT is obliged to provide transport for the return of the customer. Both parties are to carry half of the additional costs arising from the return transport. In other respects additional costs are charged to the traveller. |
| 4.3. |
TooT can withdraw from the contract the withdrawal taking effect immediately if a traveller disrupts the travel process considerably in spite of reprimand or if he/she does not follow reasonable instructions. In such a case TooT is still entitled to the payment of the travel price. In other respects this does not affect claims for damage. |
| 5. |
Warranty and Remedy |
| 5.1. |
If travel performance is not in accordance with the terms and conditions of the contract the traveller may demand remedy, if it does not require a disproportionate expense. Remedy is made by removing the travel defects re. by an equivalent substitute performance. Remedy is made under the condition that the travel performance which was not rendered or was not in agreement with the terms and conditions of the travel contract is due to circumstances which took place after the completion of the contract and was not caused against all honesty and better knowledge. |
| 5.2. |
The traveller may demand a reduction of the travel price it he/she reports the defect of the journey to the travel guide or to TooT directly. If the traveller fails to report the defect for which he/she is to blame he/she is not entitled to a reduction of the travel price. |
| 5.3. |
If the journey is defective and if TooT does not provide remedy within an adequate period of time determined by the traveller the traveller him-/herself can redress the defect and can claim compensation for the necessary expense. Setting a time limit is not necessary if TooT refuses to provide remedy or if a special interest of the traveller justifies his/her helping him-/herself immediately. |
| 5.4. |
If a journey is seriously affected by a defect the traveller may set an adequate time limit for remedy. If the time limit elapses unused the traveller may terminate the contract. The time limit is negligible if remedy is impossible, is refused or if the immediate termination is justified by a special interest of the traveller. The same applies if due to the defect the traveller cannot be expected to continue the journey for important reasons and reasons recognisable to TooT. |
| 5.5. |
In case of justified termination TooT may claim compensation for the travel performance which has been rendered or which is to be rendered to complete the journey. |
| 5.6. |
Without prejudice to reduction or termination the traveller can claim for damages due to default unless the defect was due to circumstances not to be accounted for by TooT. |
| 6. |
Limited Liability |
|
The contractual liability of TooT for damages other than bodily harm is limited to three times the amount of the price of the journey |
| 6.1 |
in so far as a damage to a traveller was not deliberately or grossly carelessly caused or |
| 6.2. |
in so far as TooT is responsible for damage to a traveller merely because of the fault of an agent. |
| 7. |
Obligation to Participate |
|
The traveller is obliged to participate if performance is disrupted to avoid possible damage or to keep damage low. The traveller is obliged especially to notify the travel guide of defects without delay. If the traveller fails to follow these obligations through his/her own fault he/she is not entitled to a reduction. |
| 8. |
No Claims and Time Limitation |
|
The traveller must put in claims against TooT for a journey which was not performed in accordance with the terms of the contract within one month after the completion of the journey as stated in the contract, in writing in his/her own interest. After this time limit has elapsed claims may only be made if the traveller was prevented from keeping to this limit without his/her own fault. All claims arising from the travel contract are limited to a period of 6 months after completion of the journey. If the traveller puts in claims within 1 month after the completion of the journey as stated in the contract time limitation is delayed until TooT objects to the claims in writing. |
| 9. |
Passport, Visa, Customs, Foreign Currency and Health Regulations |
| 9.1. |
The passenger him-/herself is responsible for adherence to passport, visa, foreign currency and health regulations. The traveller must carry the burden of any disadvantages resulting from failing to adhere to these regulations even if these regulations should be changed after the booking.
TooT takes on the obligation to adequately draw the traveller's attention to any immigration and customs regulations of the nation to be visited. |
| 9.2. |
Persons who are not in the possession of valid documents for crossing the border and for identification, whom the border officials will not allow to continue the journey or because of whom the crossing of the border is considerably delayed as a result of invalid or incomplete identification documents are neither entitled to transport services for the continuation of the journey or for the return journey nor are they entitled to a refund of the travel price or any other additional costs arising. |
| 9.3. |
Goods to be declared are to be put through Customs personally |
| 10. |
Changes |
|
On publication of new prices and terms and conditions the respective offers and regulations are no longer valid. |
| 11. |
Invalidity |
|
The invalidity of individual terms of the travel contract does not result in the invalidity of the entire travel contract. |
| 12. |
Venue |
|
Court venue is D-74595 Langenburg |
| 13. |
Insurance |
|
We recommend to insure yourself against accident, loss of luggage and cancellation fees. |
