General Business Terms / Travel Terms and Conditions (German abbreviation: AGB)

Status August 2013
Tour operator / mediator
The tour operator is Metternich Sprachreisen GmbH Wollgrasweg 10, 38446 Wolfsburg, Germany
Managing director: Anna Metternich
Internet: www.metternich-reisen.de

A contractual relationship is exclusively established with Metternich Sprachreisen GmbH. With all bookings via websites of cooperation partners the cooperation partner is merely the mediator of the necessary information. Responsible for the holidays organised by Metternich Sprachreisen GmbH is exclusively Metternich Sprachreisen GmbH.

Conclusion of the travel contract

Please send the registration form to Metternich Sprachreisen GmbH either by post or by e-mail. The travel contract shall be concluded by the written confirmation of Metternich Sprachreisen GmbH. The confirmation of travel shall be carried out as soon as possible by sending to you either as a hardcopy or as a PDF document.
Requests for changes and supplementations relating to the holidays and holiday services described in the holiday brochure or in the Internet as well as relating to the Travel Terms and Conditions shall only become a content of the contract if they have been explicitly confirmed by Metternich Sprachreisen GmbH within the framework of the confirmation of travel.

Hand-over of the travel documents and payment of the travel price

Upon conclusion of the contract (after hand-over of the confirmation of travel) a down payment is due and payable in the amount of 30 % of the travel price, at least however an amount of EUR 300, plus possible insurance premiums. The residual payment of the travel price is to be made 28 days before commencement of the travel. With bookings, which are made less than 28 days before the commencement of the travel the total travel price is due and payable immediately with the hand-over of the confirmation of travel. If the travel price is received in full later than one week before commencement of the travel by Metternich Sprachreisen GmbH, Metternich Sprachreisen GmbH is entitled to send you the travel documents by courier service at your costs.

Booking of mediation services

You can also book services of other service providers at Metternich Sprachreisen GmbH (e.g. sport courses, cultural events, round trips). In this case Metternich Sprachreisen GmbH shall clearly name the service provider / organiser. Metternich Sprachreisen GmbH shall then act as mediator for these services. The Travel Terms and Conditions of the respective service providers / organisers shall apply, which shall be made accessible to you by Metternich Sprachreisen GmbH.

Cancellation

You can cancel the contract at all times before commencing the travel. Decisive is the time of the receipt of the declaration of cancellation by Metternich Sprachreisen GmbH. It is recommended to declare the cancellation in writing. In case of a cancellation Metternich Sprachreisen GmbH is entitled to reasonable compensation based on the following percentages, with the calculation of which expenses that are usually saved and customary possible other uses of the travel services have been taken into consideration:

With language holidays:

• Up to 60 days before commencement of the travel 10%, at least EUR 300
• Up to 35 days before commencement of the travel 30%, at least EUR 300
• Up to 21 days before commencement of the travel 50%
• Up to 10 days before commencement of the travel 60%
• Up to 4 days before commencement of the travel 70%
• From the 3rd day before commencement of the travel 90%
• On the day of commencement of the travel or with the non-commencement of the travel 95% of the travel price

Possibly saved expenses will be reimbursed. Cancellation costs for additionally booked mediation services (e.g. tickets, courses) will be charged in line with the stipulations of the service provider (up to a maximum of 100% of the invoice amount). You principally have the possibility to prove that Metternich Sprachreisen GmbH suffered less damages. In this case the compensation will be calculated in an individual case.

Substitute person

Until the commencement of the travel you can request that a third party takes part in the holiday in your place. The tour operator can object to the accession of the third party if he/she does not satisfy the special travel requirements or his/her participation is opposed by statutory regulations or official orders. With the provision of a substitute person we shall charge a processing fee in the amount of Euro 100.00 per person. Insofar as further costs are incurred still by the service provider due to the change in person these shall be charged separately. You principally have the possibility to prove that Metternich Sprachreisen GmbH suffered less damages.

Re-booking

Re-bookings are possible within a course location one-time up to 21 days before the commencement of the travel in line with the availability of the services against a charge of Euro 100.00. Re-bookings, which are carried out later than 21 days before commencement of the travel or several times shall be deemed as a cancellation and new booking so that the afore-mentioned cancellation regulation shall apply to the calculation of the re-booking costs. This shall not apply to requests for re-booking, which only cause slight costs. If an already re-booked holiday is subsequently cancelled the travel price of the originally booked holiday shall be decisive for the calculation of the cancellation costs insofar as this is higher than the travel price after the re-booking. You can however prove at all times that less costs were incurred than the afore-mentioned re-booking or cancellation flat rates.

Termination by Metternich Sprachreisen GmbH.

If a participant in the holiday sustainably disturbs the execution of a holiday or if he behaves in gross breach of the contract, irrespective of a warning, then Metternich Sprachreisen GmbH or its local representatives are entitled to terminate the travel contract without notice. In case of serious failure to comply with the general rules of conduct, house and hotel regulations as well as customs and practice of the country a warning is not necessary before announcing the termination. The claim for the travel price shall continue to exist for Metternich Sprachreisen GmbH, possibly saved expenses owing to services, which were not used, shall be reimbursed to the participant. Additional costs caused by he conduct and the accordingly announced termination shall be for the expense of the participant.

Services which are not used

If you do not use individual services as a result of premature departure or for other reasons, or if you change the services on site, Metternich Sprachreisen GmbH shall make an effort to have the saved expenses reimbursed by the service providers.

Warranty / remedy

If the holiday proves to have deficiencies from your point of view then please contact the contact address announced to you with the travel documents immediately so that help can be obtained. Should a deficiency not be reported by you on site then this can result in the fact that you cannot assert any claims (reduction, damages) for these deficiencies. Irrespective of the report on site you must explicitly assert possible claims for reduction/damages with Metternich Sprachreisen GmbH within a deadline of one month after the contractually envisaged end of the holiday. Should you make the decision on site to discontinue the holiday owing to existing deficiencies then you must, in this case, also initially report the deficiency and set a reasonable deadline for the remedy so that you do not lose further claims. This obligation shall only not exist if remedy is impossible, this is refused or an immediate termination of the contract is in your special interest. Your claims shall also not cease to apply if your complaint is not submitted without your fault. Claims for reduction in the travel price and damages shall become statute-barred in one year. The statute-of-limitations shall begin on the day, on which the holiday should end according to the contract. If negotiations are pending between you and Metternich Sprachreisen GmbH concerning the claim or the circumstances which substantiate the claim then the statute-of-limitations is inhibited until you or Metternich Sprachreisen GmbH refuse to continue the negotiations. The statute-of-limitations shall occur no earlier than three months after the end of the inhibition.

Travel insurances

Not included in the travel prices are, insofar as not explicitly otherwise noted, travel insurances. We recommend the conclusion of travel cancellation costs, travel discontinuation, travel liability and travel health insurance. Insofar as you conclude insurance through Metternich Sprachreisen GmbH, it concerns a mediation service. The insurance contract shall exclusively be concluded between you and the respective insurance company. The premiums for insurances are not a part of the travel price and are due and payable immediately with the conclusion of the insurance. Please inform us in the event of the cancellation of a holiday whether this should also apply to the insurance, insofar as this is possible according to the insurance terms and conditions.

Passport, visa, customs and health provisions

You are, as traveller, personally responsible for the compliance with all regulations which are important for the execution of the travel. All disadvantages, which ensue from the non-compliance with regulations under passport, visa and health law, shall be for your account, except if they are caused by the culpable false or non-information by the operator. Please inform yourself in time at Metternich Sprachreisen GmbH and the responsible embassy / consulate about the actual passport, visa and health provisions. You undertake to explicitly announce if you possess another than the German citizenship. In this case please inform yourself at the responsible embassy / consulate about the regulations under passport, visa and health laws which are to be complied with. Metternich Sprachreisen GmbH shall not be liable for the timely issue and the receipt of a necessary visa by the diplomatic representation (even if you commission Metternich Sprachreisen GmbH with the procurement) unless Metternich Sprachreisen GmbH is responsible for the delay. It is explicitly pointed out that the possibility exists that these provisions can be changed by the state authorities at all times. Metternich Sprachreisen GmbH shall make an effort, within the framework of its possibilities, to inform you of possible changes. Please inform yourself about protection against infections and by vaccinations as well as recommended prophylaxis in time.

Limitation to liability

Insofar as a damage has neither been caused by wilful intent, nor gross negligently by Metternich Sprachreisen GmbH or Metternich Sprachreisen GmbH is solely responsible owing to the fault of a service provider the liability for damages, which are not physical injuries, shall be limited to twice the travel price. For claims from in tort liability, which are not due to wilful intent or gross negligence Metternich Sprachreisen GmbH shall be liable with property damages up to twice the travel price. These maximum liability amounts shall respectively apply per traveller and holiday. If individual services are merely mediated Metternich Sprachreisen GmbH shall only be liable for the proper mediation of the service and not for the provision of the service itself.

Increase in prices

Metternich Sprachreisen GmbH reserves the right to change the prices confirmed with the booking in the event of the increase to the transport costs or the duties for certain services such as port or airport charges or changes to the exchange rates applicable for the holiday concerned in the scope to which their increase per person or seat has an effect on the travel price insofar as there are more than four months between the conclusion of the contract and the agreed travel date and the circumstances which lead to the increase do not yet occur before the conclusion of the contract and were not foreseeable for Metternich Sprachreisen GmbH upon conclusion of the contract. In the event of a subsequent change to the travel price Metternich Sprachreisen GmbH shall inform the traveller hereof immediately, however by no later than 28 days before commencement of the travel. In case of price increases by more than 5 % the traveller is entitled to cancel the travel contract without any charges or to request the participation in an at least equivalent holiday if Metternich Sprachreisen GmbH is in the position to offer such a holiday from its range of offers without an additional price.

Ban on assignment

Each assignment of claims of the traveller against the operator is excluded unless the recipient of the assignment has declared by a separate signature with the booking that it shall also personally assume responsibility for the contractual obligations of those persons, who assigned the rights from the travel contract to him. The ban on assignment shall relate to all claims from the travel contract as well as claims from illicit act and unjustified enrichment.

Miscellaneous

The invalidity of individual provisions of the travel contract including these Travel Terms and Conditions shall not result in the invalidity of the whole travel contract. The place of jurisdiction Braunschweig is agreed for claims of the traveller against Metternich Sprachreisen GmbH. German law shall apply.