Our General Terms and Conditions General Travel Conditions | CULTURE & TRAVEL CLUB
THE SPECIAL ENCOUNTER WITH ART AND CULTURE
With the written registration, the traveler offers the CULTURE & TRAVEL CLUB (hereinafter referred to as "CTC") the binding conclusion of a travel contract for the trip specified in the attached registration. At the same time, the traveler acknowledges the following travel conditions as binding between the traveler and us with their registration.
1. The travel contract comes into effect when the CTC confirms the booking and the price of the trip in writing to the address provided by the traveler. The registration of the trip is made by the traveler for all participants listed in the registration, for whose contractual obligations the traveler is responsible as for their own obligations, if the traveler has assumed a corresponding separate obligation by explicit and separate declaration. The confirmation from the CTC contains all essential details about the travel services booked by the traveler. If the content of the travel confirmation deviates from the content of the registration, a new offer from the CTC exists, to which it is bound for a period of 10 days. The travel contract is concluded on the basis of this new offer if the traveler accepts the offer in writing within this period. Additional agreements or assurances require the express written confirmation of the CTC to be effective.
2. Upon receipt of the confirmation of the conclusion of the travel contract, the travelers are obliged to pay the deposit specified in the registration per registered person within the specified period. The deposit will be credited to the total travel price. The remaining travel price is due – unless otherwise agreed – four weeks before the start of the trip; for trips with a minimum number of participants, at the earliest when the CTC is no longer entitled to cancel the trip (see below Section 6). Cancellation and rebooking fees as well as reimbursement of expenses are due immediately.
3. If the traveler is in default with the deposit or the remaining payment of the travel price, the CTC is entitled to withdraw from the travel contract and demand compensation in the amount of the agreed cancellation fees, provided that the traveler has been unsuccessfully reminded with a deadline of eight days and the traveler has no right to refuse payment.
4. The scope of the agreed services results from the service description of the respective offer and the corresponding information in the travel confirmation. The information contained in the service description about the trip is generally binding for the CTC. However, the CTC reserves the right to make changes to services for objectively justified, significant, and unforeseeable reasons before the conclusion of the contract, about which the CTC will inform the traveler before booking the trip. For train, bus, ship, or air travel, the captain or route and driving officer decides on necessary changes to the travel time and/or routes for safety and/or weather reasons. There is no entitlement to consideration of special requests or special services. Regardless, the CTC will endeavor to comply with the traveler's wishes for special services as far as possible. If consideration of the special request involves significant effort for the CTC, an appropriate processing fee or reimbursement of expenses may be payable. National standards apply to the classification of hotels and other travel services.
5. Changes or deviations of individual travel services from the agreed content of the travel contract (e.g., changes in flight times, changes in the program sequence) that become necessary after the conclusion of the contract and are not brought about by the CTC against good faith are permitted, provided that the changes or deviations are not significant and do not significantly affect the overall layout of the booked trip. The CTC will inform the traveler of the changes or deviations immediately. If the changes or deviations are objectively unreasonable for the traveler, the CTC will offer the traveler a free cancellation of the travel contract.
6. If the minimum number of participants specified in the service description is not reached for a trip, the CTC can cancel the trip up to the twentieth day before the agreed travel start date.
7. Travel services that the traveler does not use as a result of early return or for other reasons do not entitle them to a reduction in the travel price. However, the CTC will endeavor to obtain reimbursement of the saved expenses from the respective service providers and pay them to the traveler.
8. The traveler can withdraw from the trip at any time before the start of the trip. The receipt of the cancellation declaration by the CTC is decisive. If the traveler withdraws or does not start the trip for reasons not attributable to the CTC and due to unforeseeable force majeure, the CTC can demand reasonable compensation for the travel arrangements made and their expenses. The compensation claim of the CTC is calculated as follows, taking into account the usual saved expenses and possible alternative use per registered participant – unless otherwise agreed: a) up to the 60th day before departure: the agreed deposit b) from the 59th to the 40th day before departure: 30% c) from the 39th to the 25th day before departure: 40% d) from the 24th to the 10th day before departure: 60% e) from the 9th to the 3rd day before departure: 80% f) from the 2nd day before departure or the no-show: 100% of the travel price.
9. If the CTC incurs a higher damage than calculated in the lump sum cancellation fees, it is entitled to claim this higher damage, provided it can prove it. If the price of the trip is determined by the occupancy number, for example, for accommodation, and one of the registered travelers withdraws from the travel contract, the travel price for the remaining participants will be recalculated based on the reduced occupancy numbers. Travel cancellation insurance and other travel insurances are not included in the travel price. The CTC therefore recommends taking out travel luggage, travel accident, travel liability, and travel health insurance with air ambulance from abroad before or when booking the trip.
10. The traveler can be replaced by a third party concerning participation in the trip at any time before the start of the trip, provided the traveler informs the CTC within a reasonable time to exercise their right of objection. The CTC can object to the change of the traveler's person if this does not meet the special travel requirements, the legal or official requirements of the respective country, or the homogeneity of the travel group. If a substitute person enters the contract, they are jointly and severally liable with the traveler for the travel price and the costs incurred by the entry of the third party.
11. The CTC can withdraw from the travel contract before the start of the trip or terminate the travel contract after the start of the trip in the following cases: a) without observing a deadline, if the travelers disrupt the execution of the trip despite a warning from the CTC sustainably or if the traveler behaves so contrary to the contract that the immediate termination of the contract is justified. If the CTC terminates, it retains the right to the travel price; however, it must credit the value of the saved expenses and those benefits obtained from an alternative use of the unused services, including the amounts credited by the service providers; b) up to four weeks before departure, if the execution of the trip is unreasonable for the CTC after exhausting all possibilities, because the booking volume for this trip is so low that the costs incurred by the execution of the trip exceed the economic sacrifice limit, provided the CTC is not responsible for the reasons leading to this. If the trip is canceled for this reason, the traveler will receive the paid travel price back immediately.
12. The CTC is liable within the scope of the duty of care of a prudent businessman for the conscientious preparation of the trip, the careful selection and supervision of the service providers, the accuracy of the description of all travel services specified in the service description, provided the CTC has not declared a change in the service description before the conclusion of the contract (according to Section 5). If a change in the original service description has occurred, it is liable for this. However, the CTC is not liable for the information in town, hotel, or other brochures not issued by it. The CTC is liable for the fault of the persons entrusted with the provision of services within the framework of the legal provisions, limited by the present agreements.
13. If transportation is provided as part of a trip or in addition to it and the traveler is issued a corresponding transportation ticket, the CTC is not liable for the provision of the transportation service, nor for any damages arising in any other way from this. Any liability is exclusively governed by the transport conditions of these companies, to which the travelers are expressly referred and which the CTC will make accessible to the traveler on request. Furthermore, the CTC is not liable for disruptions in connection with other services that are merely mediated as external services (e.g., congresses, concerts, sports, theater events, excursions) and which are also expressly marked as external services in the travel advertisement.
14. If the trip is not provided according to the contract, the traveler can request remedy, provided that the traveler does not require disproportionate effort from the CTC. Regarding the remedy, the cooperation of the traveler is required – without prejudice to the primary obligation of the CTC to provide the trip as contracted. The traveler must immediately notify the on-site guide of any travel deficiencies. The latter is instructed to provide a remedy if possible. If the CTC is unable to provide a remedy due to a failure to notify, the traveler cannot claim reduction or damages. If a remedy is not possible on site or is insufficient, the traveler must inform the CTC of the deficiencies in writing. However, this does not affect the primary obligation of the CTC. If the trip is significantly impaired due to the deficiency, the traveler can terminate the travel contract in writing without notice. If the contract is terminated for this reason, the traveler is entitled to return transportation at the expense of the CTC, provided this was part of the contract. The traveler owes the CTC the part of the travel price that corresponds to the services used, provided these services were of interest to the traveler.
15. By sending the registration to the CTC, the travelers authorize the CTC to electronically store all their personal data provided to the CTC for the purpose of processing the trip. The data will not be passed on to third parties for commercial use and will be protected against misuse in accordance with the Federal Data Protection Act.
16. If individual provisions of these terms and conditions are or become invalid, this shall not affect the validity of the remaining provisions. In such a case, the contracting parties are obliged to replace the invalid provision with a valid one that comes as close as possible to the economic purpose of the invalid provision. The same applies if a gap requiring supplementation arises in the implementation of the travel contract. The place of jurisdiction, fulfillment, and performance for all disputes arising from the travel contract - insofar as agreements on this are legally permissible - is the registered office of the CTC. Additionally, reference is made to the content of §§ 651a – 651m BGB (German Civil Code).
- Korinna von Kempski Rakoszy & Halina von Kempski Rakoszy Gbr
- Liebigstr. 39, 80538 Munich
- +49 (0) 89 212 696 38
- +49 (0) 89 212 696 39
- Munich, 01.January 2017
