Bulut Yachting UG General Terms and Conditions (haftungsbeschränkt)
1.CONCLUSION OF TRAVEL AGREEMENT
1.1 Upon registration, the customer is proposing to the travel operator (from this point on referred to as the “operator”) to conclude a travel booking. Bookings can be carried out verbally, via longdistance correspondence, by internet form, email, written on a preprinted form or an informal letter. Conditional special requests and registrations are only valid if they are confirmed by the operator in writing. The operator must provide the customer with a written booking confirmation including all due costs and send the document by mail or email. The contract becomes effective once full payment is received on the operator’s account within the designated timeframe.
1.2 If the content differs from the registration, the operator will make a new booking offer, which remains binding for 10 days. The contract will be based on the new booking offer provided the customer informs the operator within this timeframe that he/she accepts the offer. The offer can be officially accepted in writing, verbally or through payment.
1.3 Every registrant is fully liable to the operator for the fulfillment of the legal obligations and for each person he/she registers.
2. TERMS OF PAYMENT
2.1 Upon contract completion, 20% of the total trip price is due, which must be received within 10 days after the bill is received. This payment will contribute to the payment of the total trip price.
2.2 The remainder of the trip price must be received 28 days prior to the beginning of the tour.
2.3 Payments made toward the total trip price prior to the end of the trip can only be made in exchange for a travel operator’s bond according to § 651k para. 3 BGB.
3.1 The services agreed upon in the contract are derived from the service descriptions in the detailed descriptions / the online descriptions as well as the respective details in the trip booking confirmation.
3.2 If trips are described as half-board or fullboard, service begins with the first dinner in the destination country and ends with breakfast on the last day.
3.3 The operator is bound to the detailed descriptions / the internet descriptions. The operator reserves the right to make changes to the program and travellers must be informed of the changes prior to making the booking.
3.4 The details provided in the travel information sent with the booking confirmation are established according to the best of the operator’s knowledge. Because certain conditions or minor details can change, liability cannot be assumed for the validitiy of this information year-round.
4. CHANGE IN PRICES OR SERVICES
4.1 Changes to or divergences from the individual agreed upon travel services that must be made after the booking and that are not made by the operator against good faith, are acceptable as long as the changes or divergences are minor and do not affect the entire arrangement of the booked trip. If the changes made to the services are insufficient, the possibility to make warranty claims remains in tact. The operator is obligated to inform customers immediately about service changes or divergences. If applicable, the customer will be given the opportunity to rebook or cancel the booking at no cost.
4.2 Price changes after the travel contract is concluded are possible if transportation costs or the charges for specific services increase, e.g. flight fees, and in accordance with how increases are made, per head or per seat, provided four months have passed between the time of the booking and the booked travel dates. If this is the case, the traveller must be informed of changes 21 days prior to the beginning of the trip.
4.3 If changes are made to the price or another substantial service after the conclusion of the booking, the operator must inform the traveller immediately. Price increases as of the 20th day prior to the beginning of the trip are not permitted. For price increases above 5% or in the case of a significant change to an essential service, the traveller retains the right to cancel the trip booking or to demand participation in a trip of (at least) equal value, provided the operator is in the position to make this offer without additional costs to the traveller.
4.4 The traveller may exercise these rights with out delay once informed by the operator of price increases or changes to the services.
5. CANCELLATIONS BY THE TRAVELLER, REBOOKINGS, SUBSTITUTE TRAVELLERS
5.1 The customer may cancel the booking any time prior to the beginning of the trip. Receipt of the cancellation by the operator is the decisive factor. The cancellation must be submitted to the operator in writing. All travel documents must be included with the cancellation. Accounting records (e.g. bank transfers, payslips, etc.) will not be accepted.
5.2 If the customer cancels the booking or does not show up for the trip, the operator can demand compensation for applicable provisions and expenditures. When calculating the amount of compensation, typically saved expenditures and potential other uses of the travel services are to be included. When making the compensation claim, the operator can refer to the following outline based on the timing of cancellations in relation to the beginning of the respective trip according to the contract. Compensation is arranged according to percentages of the total trip price: The following cancellation fees are calculated:
Up to 121st day before beginning of trip €50 per person, as well as
from the 120th to the 96th day before beginning of trip 5%,
from the 95th to the 46th day before beginning of trip 15%,
from the 45th to the 29th day before beginning of trip 25%,
from the 28th to the 15th day before beginning of trip 45%,
from the 14th to the 7th day before beginning of trip 75%,
from the 6th day before beginning of trip 90% of the total trip price.
The minimum cancellation fee as of the 120th day before the beginning of the trip is €100- per person. Moreover, the operator can demand further costs from the traveller if additional costs are actually incurred. The traveller is at liberty to prove to the operator that no or less damage was incurred than the flatrate being demanded.
5.3 Cancellations of partial services (if possible) are considered rebookings. The cancellation of insurance packages will be subject to a one-time adminstration fee of €10. Excluded from this regulation are travel cancellation expenses insurance and insurance packages that include the travel cancellation expenses insurance.
5.4 When cancelling an entire travel contract, insurance packages can also be cancelled. This does not include travel cancellation expenses insurance, which cannot be cancelled in any case.
5.5 For changes to travel contracts in regards to the following specifications, the listed fees apply: rebooking, i.e. changes to the travel dates, destinations, origin of trip or point of return departure, accomodation, mode of transportation or airline, a fee of at least €50 per person will apply. Rebookings must be carried out in writing. Rebooking requests regarding destination, origin of trip, point of return departure, mode of transportation, airline or travel dates, which are made later than 45 days before the beginning of the trip, can only be made following cancellation of the contract according to the conditions of Paragraüh 6.2., provided the changes are possible.
This does not apply to rebooking requests that result in minimal costs. Different return flights or trip extensions on one’s own account are possible upon request. The fee is at least €100 on top of the costs resulting from changes or additional transportation rates.
5.6 Up to the beginning of the trip, a traveller may have a third party take over his rights and obligations and substitute his place on the trip. Additional costs that are incurred apply, for which the customer is responsible, with a minimum fee of €100. The operator may reject the participation of the third party if he/she does not met the specified travel requirements or participation does not comply with legal regulations or official directives.
6. CANCELLATIONS AND WITHDRAWAL BY THE TRAVEL OPERATOR
Under the following circumstances, the operator can cancel the contract before or after the beginning of the trip:
6.1 If, before the beginning of the trip, the operator learns about reasons rooted in the participant’s character that imply a risk of sustained disruption of the trip. In such cases, the arrangements in Paragraph 5 “Cancellations by the Traveller, Rebookings and Substitute Travellers” are applicable.
6.2 Non-compliance with dates: If the participant disrupts the implementation of a trip, disregarding the warning of the operator, or if the participant acts in conflict with the terms of the contract, the immediate termiantion of the contract is justified. This is especially valid if the customer does not meet the special requirments of the trip, e.g. in regards to physical capabilities or health concerns. If the operator cancels, he retains the right to payment. However, the value of saved expenditures as well as the applicable advantages must be calculated, including the amounts credited to him by the service providers.
6.3 Up to 4 weeks before the beginning of the trip: If the predetermined minimum number of participants is not met, which is stated in the trip description, a trip can be cancelled. If this is the case, the operator must inform the customers immediately about the cancellation of the trip and forward the cancellation confirmation without delay. Payments will be returned to the customer. Further claims on behalf of the customer are not possible. If it is foreseeable that the minimum number of participants could not be met, the operator must inform the customers. Regardless, if after exploring all possibilities, the trip is not possible for the operator because there are not enough bookings, which means the implementation costs of the trip would exceed economic limits, cancellation is valid. If the trip is cancelled, payments will be returned to the customer without delay.
7. CANCELLATION OF THE CONTRACT DUE TO SPECIAL CIRCUMSTANCES
7.1 The operator as well as the traveller can cancel the contract if the trip is affected by circumstances beyond control that were not foreseeable at the time the contract was made. If the contract is cancelled, the operator can demand appropriate compensation for services already performed or services that must still be performed in order to end the trip. Furthermore, the operator is obligated to carry out measures that remain necessary, especially for contracts that include return transportation. Additional costs for return transportation will be split between the parties 50/50. Travellers are responsible for the any additional costs.
8. TOUR OPERATOR LIABILITY
8.1 It is the operator’s duty, according to the Duty of Care to
a) knowledgably prepare the trip
b) carefully select and monitor service providers
c) accurately describe all details in the program description regarding trip services, provided no changes were declared according to paragraph 3 prior to the booking
d) properly carry out the legally agreed upon travel services
8.2 The operator is responsible for the service providers.
8.3 If a form of transportation identification is issued to the traveller within the parameters of a trip or for additional transportation, the operator is providing external services if it is explicitly referred to in the trip description and the trip confirmation. In turn, the operator is not directly liable for the provision of transportation. Potential liablility is regulated in this case according to the transportation clauses of the company being used by the traveler, which are to be provided upon request.
8.4 For travellers with scheduled flights, this means that for standards regulated by the “Warsaw Treaty”, no further claims can be made against the operator.
9. LIMITATION OF LIABILITY
9.1 Contractual liability of the operator for damages that are not physical is limited to three-times the amount of the total trip price,
a) as long as damages to the party are neither deliberate nor result from negligencet or
b) as long as the operator is responsible for damages to the party solely on behalf of a service provider.
9.2 For all damage claims made against the operator due to unpermitted actions, which are neither deliberate nor result from negligence, the operator is liable for property damages up to €4100. If this is more than three times the price of the trip, liability is limited to three times the price of the trip. This limitation on liability is valid for all travellers and all trips.
9.3 The operator is not liable for service disruptions in conjunction with external services, which are solely provided as external services and not as part of the package trip, especially including watersport activities e.g. sailing, surfing or diving, and that are explicitly described as external services in the detailed trip description. These activities are offered by third parties, with whom the operator has concluded separate agreements. This is also valid if a Bulut Yachting travel guide participates in these activities. We are not liable for information provided by hotels or other broschures from external providers that are not made by us.
9.4 Damage claims against the operator are limited as a result of international agreements or regulations based on international agreements that apply to services that are to be carried out by service providers. Rights to damage claims against the service providers can only be made under certain conditions or constraints and are impossible under other specified conditions.
10. OBILIGATION TO COOPERATE
10.1 In the case of disrupted services, travellers are obligated within the framework of legal regulations to cooperate in attempt to avoid or reduce potential damages.
10.2 Travelers are especially obligated to submit complaints on-site and without delay to the Bulut Yachting travel guide. The operator is obligated to remedy the situation as far as possible. The operator does not have the right to make statements regarding damage claims. If a Bulut Yachting travel guide is not available, the operator is to be notified at its offical headquarters.
10.3 If the traveller is not able to indicate an issue with fault, the right to make a claim is lost.
11. CONCLUSION OF CLAIMS AND STATUTE OF LIMITATION
11.1 Claims made as a result of trip provisions that are not carried out in accordance with the travel agreement must be submitted to the operator by travellers within one month following the contractual end of the trip. After this period, claims are only valid if travellers were prevented from adhering to the time limit, with no fault of their own. In the interest of the travellers, the notice should be submitted in writing. The receipt of the notification by the operator is th decisive facotr. There is no liability for claims received after the designated time allowance.
11.2 Claims by travellers according to § 651 c to 651 f BGB fall under the statute of limitations of two years. It begins the day on which the trip was scheduled to end. If there is pendency between the operator and traveler regarding negotiations about the claim or the circumstances supporting the claim, the limitation is suspended until the traveller or operator declines the continuation of negotiations. Limitation occurs at the earliest 3 months after suspension.
12. PASSPORT, VISA AND HEALTH REGULATIONS
12.1 The operator is responsible to instruct German nationals about passport, visa and health regulations as well as possible changes prior to the beginning of the trip. For foreign nationals, the respective diplomatic representatives should be consulted for information.
12.2 The operator is not liable for the timely issue of necessary visas by the respective diplomatic authorities. If the traveller entrusts the operator with this task, then the operator is to represent the delay.
12.3 The traveller is obligated to disclose information about vaccinations as well as other preventative health measures; if applicable, medical advice should be sought. For general information, it is recomended that health agencies, travel health services or federal centers for health education are consulted.
12.4 Travellers are responsible for complying with all important regulations associated with the trip. All disadvantages, especially the payment of cancellation fees, which result from noncompliance with these regulations, are the responsibility of travellers, unless they are due to culpably false or lack of information on behalf of the travel operator.
13. INEFFECTIVENESS OF INDIVIDUAL CLAUSES
13.1 The ineffectiveness of individual clauses of the travel contract does not imply the ineffectiveness of the entire contract.
14.1 Information regarding physical details are determined according to the best of our knowledge, but without guarantee, as such information is not only subject to subjective assessment but also influenced by external circumstances such as weather conditions.
15.1 Participants can only makes claims against the operator in its place of residence. Jurisdiction for trips by Bulut Yachting is Leipzig.
15.2 For claims by the operator against travellers, the place of residence determines the jurisdiction, unless the claim is against fully qualified traders or persons who moved their residence or regular place of residence out of country after the conclusion of the travel contract, or their residence or regular place of residence was unknown at the time the contract was concluded. In these cases, the residence of the operator is determines the jurisdiction.
Bulut Yachting UG (haftungsbeschränkt), Henricistrasse 40, 04177 Leipzig