Conditions of Travel
Dear Customer,
We are pleased that you have chosen us as a tour operator or travel agent in your holiday planning. We offer our services on the basis of the conditions set out below, which complement and supplement the legal regulations except where alternative regulations are expressly included in our offer description and have become an integral component of the contract.
I. Provision of the services of third parties
When DEDON Travel GmbH (hereinafter designated "DEDON Travel") expressly provides in the name of any third party programmes of other tour operators or individual services such as flights, hotel reservations, hire cars, etc., DEDON Travel's liability shall be limited to proper arrangement of that service and shall not extend to the service itself. Establishment of the contract and its contents shall comply with the relevant legal regulations and where appropriate be in accordance with the General Terms and Conditions of the respective contract partner.
II. Data protection/Operating air carrier
1. Passenger data recorded on the basis of registration will be used exclusively for the purpose of handling the journey itself and for customer care. Attention is drawn to your right of objection in accordance with § 28 para. 4 of the German Federal Data Protection Act, which may be exercised by a brief notification sent to the address given at the end of these conditions.
2. EC Regulation No. 2111 of 14.12.05 makes it incumbent on tour operators, travel agents and providers of contracts for travel to notify passengers of the identity of each operating air carrier in advance of the flight as soon as it is known. Where this is not the case at the time of booking, initially the name of the likely operating air carrier must be given. If there is a change in the operating air carrier once a booking has been made, the customer must be duly advised without delay.
III. Booking the journey/Conclusion of contract
1. By registering for your journey (Booking) you make a binding offer to DEDON Travel to conclude a tour/travel contract. The travel contract is not concluded until DEDON Travel sends you a corresponding booking confirmation in text form. You are bound to your registration until its acceptance by DEDON Travel, or for a maximum of 14 days from their receipt thereof.
2. Any alterations or supplementary agreements relating to the service to be provided or to these contract conditions must be expressly agreed in advance with DEDON Travel. They should always be made in writing for reasons of verification. Travel agencies which act as agents for our own tours are not authorised by us to make different or supplementary agreements.
3. We will send the insolvency guarantee certificate to you together with your booking confirmation. If you do not receive it, please notify us immediately.
IV. Price alterations
1. DEDON Travel is entitled to increase the cost of the tour when after conclusion of the contract and due to circumstances not foreseeable by DEDON Travel any of the following pricing components are increased or surcharges are added for reasons for which DEDON Travel is not responsible: rates of exchange for the journey being undertaken; costs of travel (in particular in the event of oil price increases); port or airport charges or taxes; security charges or taxes in connection with the transport; entry, accommodation and public entrance fees. The price increase is, however, only permissible when more than four months are to elapse between conclusion of the contract and the start of the journey.
2. The cost of the journey may only be increased by the amount corresponding to the total of all increases of the components of the journey booked listed under 4.1 arising after conclusion of the contract. Where the price increases in question apply to an entire group of travellers, the increases will initially be split between the individual travellers. Depending on which method of calculation is more beneficial for the passenger, either the average number of participants originally calculated or the number of passengers actually expected will be used as the basis of calculation. On request, it is incumbent on DEDON Travel to justify the reasons and extent of the price increase to passengers.
3. DEDON Travel must notify passengers of an impending price increase without delay, and in any case on day 22 before departure at the latest. If the price increase is in excess of 5%, the passenger is entitled to withdraw from the contract without payment of penalty. Instead, the passenger may claim participation in another tour of at least equal value in the DEDON Travel programme, provided DEDON Travel can offer this without a price supplement. Withdrawal or the claim of an alternative tour must be notified without delay either to DEDON Travel or to the travel agency making the booking.
V. Payment for the tour/Deposit
1. All payments towards the cost of the tour must only be made against provision of a guarantee certificate within the meaning of § 651 k para. 3 of the German Civil Code (BGB), see figure III. 3.
2. On your receipt of the guarantee certificate, a deposit of 10% of the price of the tour is payable immediately. The balance of the price is payable 28 days before the due date of departure. If the contract is concluded within 28 days of departure, the entire price is payable on receipt of the guarantee certificate.
3. Cancellation fees, handling charges, rebooking fees and insurance premiums are all payable immediately.
VI. Withdrawal by DEDON Travel
If the travel contract specifies a minimum number of participants, DEDON Travel may withdraw from the contract until 29 days prior to departure if the minimum number of passengers is not reached.
VII. Cancellation charges before departure date
On withdrawal of the passenger from the contract before the date of departure (cancellation), DEDON Travel may at their option levy a charge in accordance with § 651 i para. 2 BGB, or the following lump sum compensation charges:
until day 31 before departure date 15%
then to day 23 before departure date 35%
then to day 15 before departure date 50%
then to day 8 before departure date 60%
then to day 4 before departure date 70%
then to the day before departure date 80%
on the day of departure or for no-show 95%.
The qualifying date for calculation is the date of receipt of advice of cancellation. The passenger retains the right to demonstrate a lesser degree of loss or no loss at all. Please refer to figure IX regarding the possibility of taking out insurance against cancellation charges.
VIII. Change of person travelling
Before departure, the passenger may request that a third party nominated by him may enter into the rights and responsibilities of the travel contract. DEDON Travel may refuse such application if the third party does not fulfil particular requirements of the tour or legal hindrances or official ordinances exist to invalidate his participation. In the case of such a change, the original and the new passenger together act as joint and several debtors in respect of the tour price and for any additional charges arising in connection with the change.
IX. Insurance
In case of cancellation, unexpectedly high charges may be incurred in some instances. DEDON Travel therefore recommends that you take out travel cancellation costs insurance as well as repatriation insurance to cover eventualities of accident or illness, and will be pleased to obtain suitable quotations for you from the travel insurance company ELVIA Reiseversicherungs-Gesellschaft AG, Ludmillastr. 26, 81543 Munich.
X. Liability restrictions for DEDON Travel as a tour operator
1. Contractual liability to the passenger for compensation for loss or injury, not being physical, is restricted to three times the price of the journey, always provided that
a. loss or damage to the passenger is not caused either by gross negligence or deliberate intent
or
b. DEDON Travel alone is responsible for loss or damage caused to the passenger due to the fault of a provider of a service.
2. The liability of DEDON Travel to the passenger for compensation in respect of unlawful act, provided it does not relate to personal injury or is due to gross negligence or deliberate intent, is restricted to three times the price of the journey undertaken by the passenger affected. Up to € 4,100.00, however, DEDON Travel has an unrestricted liability.
XI. Liability of DEDON Travel in providing third party services
If DEDON Travel simply provides individual third party services (see figure I.), DEDON Travel is only responsible for proper arrangement of the service and not for performance of the service itself.
XII. Duties and rights of the passenger relating to an unsatisfactory journey
1. If the journey is not completed in accordance with the contract, the passenger is entitled to claim a remedy from the tour operator. The latter may decline to provide such a remedy if it would require unreasonable effort.
2. If the tour operator fails to afford a remedy claimed within a reasonable period as laid down by the passenger, the latter may secure a remedy for himself and demand the reimbursement of any necessary expenditures. Setting a deadline is not necessary when the tour operator declines a remedy or an immediate remedy is called for in the particular interests of the passenger.
3. For the duration of non-availability of a travel facility stipulated in the contract, the passenger may demand reduction of the price (abatement). This entitlement lapses, however, if the passenger culpably omits to report the fault.
4. If as the result of a fault a tour is substantially impaired or there are good grounds for deeming it unreasonable to expect the passenger to embark on or continue the tour, the passenger may terminate the travel contract within the framework of the legal provisions. Prior to this, the passenger must set down a reasonable deadline for remedy. Setting a deadline is not necessary when a remedy is not possible, the tour operator declines a remedy or immediate termination of the contract is justified in the case of particular interests.
5. The passenger must address claims for a remedy and notification of faults in connection with tours operated by DEDON Travel to DEDON Travel's local representative (name and address will be found in the travel documents). As far as reasonably possible they should be addressed to DEDON Travel directly (address at the end of these conditions).
XIII. Rights and responsibilities of tour escorts
1. The respective tour escorts or local representation of DEDON Travel (name and address will be found in the travel documents sent to you before departure) are authorised to accept fault reports and claims for a remedy arising during the tour and to provide a remedy where this is possible or necessary. They are not permitted or empowered to recognise claims for abatement or compensation against DEDON Travel or to accept any claims of such nature.
2. Termination of the travel contract by DEDON Travel (e.g., due to force majeure) may be notified by the tour escort or other local DEDON Travel representative; they are to this extent empowered by DEDON Travel.
XIV. Passport, visa and health requirements
1. Information on such regulations given by DEDON Travel at the time of booking is given without regard to personal circumstances, provided no specific details were given, and apply to the situation at the time for citizens of the EU country in which the tour is offered before conclusion of the contract.
2. It is expressly drawn to your attention that these conditions may subsequently be altered at any time. DEDON Travel will do all it can to notify passengers of any such alterations as early as possible. The passenger is, however, recommended to follow the news himself in order to be able to take early action in the event of such alterations.
3. The passenger should find out about inoculation and protection against infection and other prophylactic measures in good time; medical advice should if applicable be sought in respect of thrombosis and other health risks. General information is available from all public health departments, doctors experienced in travel medicine, travel medicine information services or the Federal Centre for Health Education.
4. If the passenger is caused problems by the above regulations which prevent or restrict his participation in the tour, this does not entitle him to withdraw from the contract without charge. The conditions are that DEDON Travel for its part is able and willing to provide the services and that the difficulties encountered are not the responsibility of DEDON Travel. Mutual claims in the event of culpable action are not affected, provided liability restrictions in these travel conditions do not apply.
XV. Lodging claims, exclusion period, statute barring
1. Contractual claims in respect of complete or partial failure, or providing unacceptable travel facilities must be made by the passenger to DEDON Travel within one month of the contracted end of the tour to the address below. No claims will be entertained after expiry of this deadline, except in the event of the deadline having been missed with good reason.
2. The passenger's claims described in figure 1 lapse after a period of 1 year, unless claims for personal injury or claims based on deliberate intent or gross negligence are involved. All other contractual claims are statute-barred after the usual period of two years. This period starts on the day the tour was due to have ended in accordance with the contract.
XVI. Validity of the details given in the description
The details given in the description can only take into account the situation as it was at the time of printing or updating and unfortunately errors can occur no matter how carefully preparations are made. DEDON Travel therefore reserves the right to make adjustments up to the point of their declaration of intention to conclude the contract.
XVII. Miscellaneous provisions
Legal regulations apply additionally, for example (to the extent that DEDON Travel is not just an agent providing individual travel facilities) paragraphs 651 a ff. of the German Civil Code.
Operator:
DEDON Travel GmbH
Neuer Wall 73-75
20354 Hamburg
Tel.: +49 (0)40 / 30 70 86 690
Fax: +49 (0)40 / 30 70 86 695
E-mail: info@dedontravel.com
Website: www.dedontravel.com