english version
Font size: Increase font size Default font size Decrease font size

Terms & Conditions

1. Scope of Contract

1.1 These Terms and Conditions for Incoming travel shall govern all contractual relationship between the Incoming Agency Reise Mission - hereinafter referred to as "RM" - and the customer in the field of B2B concerning Incoming travel services such as group travel, incentive travel, conventions and congresses - herein after referred to as "events" - organized by RM.

Consequently these Terms and Conditions shall not apply to Incoming travel contracts in which RM acts as tour operator, possibly in addition to the customer, for the end customer.

These conditions shall also not apply to Incoming travel services arranged by RM as third party services.

1.2 The Terms of Conditions of the customer shall only apply if expressly agreed in writing or text form.

2. Conclusion of Contract

2.1 Offers by RM shall not be binding. A reservation by the customer constitutes a binding obligation to conclude an Incoming travel contract. The contract is concluded when RM's written confirmation of the reservation is received.

2.2 In the event the content of RM's written confirmation of the reservation differs from the content of the reservation, this new offer shall be binding for RM for the duration of seven (7) days. The contract, based on this new offer, shall be concluded if the customer accepts by express agreement, or payment of a deposit or final payment within this period.

2.3 RM shall send a written confirmation to the customer when the contract is concluded or without undue delay after the contract is concluded, in exceptional cases the confirmation may be communicated verbally in person or by telephone.

3. Services

3.1 The contractual services of RM shall be based on the brochures, descriptions of services in the offer and the confirmation provided by RM, unless agreed otherwise with the customer individually.

3.2 Brochures such as brochures of local sites and hotels, or internet advertisement not provided by RM or sent to the customer by RM shall not be binding for RM's obligation to perform, unless the parties to the contract expressly agree otherwise.

4. Changes to Services

4.1 Changes to essential contractual services of the content agreed in the Incoming contract that become necessary after the contract is concluded and are not caused by RM against good faith shall be admissible to the extent such changes respect the interests of the customer and the customer can reasonably be expected to accept such changes.

In this respect the following applies:

If and to the extent RM announces transportation dates in documents sent, these transportation dates are subject to change by the relevant transport company.

If and to the extent a hotel as service provider refuses to accommodate the customer or their client and RM is not responsible, RM may provide a comparable hotel to the customer. Item 9.2 remains unaffected hereby.

4.2 RM shall declare any changes in an essential travel services to the customer without undue delay after being informed of the reason for the change.

5. Payment

5.1 Deposits and final payments are determined in the agreement between RM and the customer.

5.2 Unless otherwise agreed, the customer must make a deposit of ten per cent (10%) without delay and ensure the final payment reaches RM's bank account no later than twenty-one (21) days before the start of the event. Payments, in particular by foreign customers, shall be made without any deduction at the expense of RM.

5.3 In the event the customer fails to make a deposit and/or final payment by the agreed due dates, RM may, after sending a reminder specifying a fixed period of time, withdraw from the contract and charge cancellation fees specified in item 8 to the traveler.

5.4 Without a written reminder, the customer shall fall in arrears 30 days after receipt of the invoice and must pay interest of eight per cent (8%) above the base rate of interest as set by the Deutsche Bundesbank (German Federal Bank) on the amount of the invoice. RM reserves the right to give a formal notice of default sooner and to assert claims for more substantial compensation caused by default.

6. Price Increases

6.1. RM may, after the incoming contract is concluded, charge the full amount of price increases of their service providers to the customer, provided such price increases are evidently not without contractual or legal basis. The customer may demand that RM assign its claims against the service provider to the customer due to a not evidently inadmissible price increase and accept the price increase of the service provider under reserve. Price increases due to proven changes in taxation, port and airport fees, or security charges, or other sovereign fees are generally admissible. In the event foreign exchange rates change, the total amount of the price may be raised by the amount the service costs have increased for RM, by a maximum of five per cent (5%).

6.2. RM must provide the customer with appropriate documents verifying price increases. RM shall inform the customer without undue delay of any price increase.

7. Rebooking

7.1 The legal provisions for rebooking including due dates and rebooking fees shall be determined in the agreement between RM and the customer.

7.2 Unless otherwise agreed, the following provisions for rebooking shall apply:

After the contract is concluded, the customer is not entitled to change the date of service performance, the destination of the service, the place of the service or the accommodation or means of transportation. In the event a reservation is changed upon request of the customer, RM may, if the request for change arrives twenty-one (21) or more days before departure, charge a rebooking fee of forty euros (€40) per person. (if necessary, the rebooking fee may also be based on the services concerned, i. e. taking into account the additional costs for the relevant service)

In the event the customer requests a change to be made after the aforementioned due date has passed and provided such changes are at all possible, RM shall inform the customer beforehand of the rebooking fee or cancellation fees and costs for a new reservation of the relevant service provider. A rebooking is only possible against payment of these costs and the aforementioned rebooking fee.

8. Termination and Cancellation

8.1 The provisions for the cancellation of the contract including due dates and cancellation fees are determined in the agreement between RM and the customer.

8.2 Unless otherwise agreed, the following provisions for cancellation shall apply:

RM shall be entitled to cancellation costs, provided RM is not responsible and force majeure does not apply. The amount of cancellation costs shall depend on how close the date of cancellation is to the agreed date of departure, in fixed percentages of the total amount increasing progressively. The calculation for the compensation takes into account usually saved expenses and the usually possible alternative use of the contractual services. The amount of cancellation costs are calculated depending on the date of receipt of the cancellation by the customer as follows:

a) Cancellation of the entire arrangement:
1 day and less before date of departure 90% of the agreed price
16 to 2 days before date of departure 50% of the agreed price
30 to 17 days before date of departure 25% of the agreed price
60 days and more before date of departure 0% of the agreed price

8.3 Notwithstanding the preceding provisions, RM reserves the right to demand a higher, specific amount for compensation. In such an event RM shall calculate and provide evidence for the exact amount taking into account expenses saved and the alternative use of the contractual services.

8.4 The customer shall be at liberty to provide evidence, that RM incurred no damage at all or considerably less damage than is demanded in the fixed percentage for compensation.

9. Force Majeure

9.1 In the event the customer is unable to use a single, multiple or all incoming services due to force majeure (in particular war, civil commotion, epidemics, sovereign regulations, strikes, natural disasters, averages, destruction of accommodation or similar cases), although RM or the service provider are able to provide the services under the terms of the contract, the customer shall not be entitled to withdraw free of cost.

RM shall only be obliged to refund the price to the extent RM receives refunds from the service providers.

9.2 In the event RM is severely hindered from, impeded in or detracted from providing a single, multiple or all services due to force majeure, RM may terminate the entire contract or, if the unaffected services are still of interest for the customer, the relevant service due to force majeure. In this case, RM and the customer shall each bear half of the costs of the relevant service of the service provider/s. Beyond that, the customer shall receive no additional reimbursement. RM and the customer shall also each bear half of the additional costs RM incurs due to force majeure. RM shall provide the customer with evidence for these costs.

10. Unclaimed Services

In the event the customer does not claim Incoming services that have duly been made available due to reasons attributable to the customer (e. g. early departure or other compelling reasons), the customer shall not be entitled to a partial refund of the price. RM shall, however, endeavor to obtain refunds for the expenses saved by the service providers.

11. Passport, Visa and Health Requirements

The customer must ensure their clients meet the passport, visa and health requirements, obtain and carry the required travel documents, have the required vaccinations, and comply with customs and foreign currency regulations. Unless expressly agreed otherwise, RM does not guarantee the reliability of information provided to the customer relating to such requirements. Damages incurred due to non-compliance with these requirements, e. g. payment of cancellation costs, shall be borne by the customer, provided these are not attributable to RM.

12. Obligations of the Customer

12.1 Unless RM receives further instruction from the customer, all documents relating to the contract shall be sent to the email address provided by him at the risk of the customer. The customer shall inform RM in the event the he does not receive the required documents (e. g. plane ticket, hotel voucher) by the due date named by RM. Customers are warned that in the event contractual documents not specifically stating the beneficiary, such as admission tickets, are lost (in the mail), such documents generally cannot be replaced. For this reason we recommend arranging these documents to be sent e. g. by courier.

12.2 Unless otherwise agreed, the customer shall inform RM at the latest 30 days before departure of the number of their clients participating in the services, so RM can inform the relevant service provider. In the event the customer fails to meet this obligation or in the event the number of participants changes after the due date has passed, the customer shall bear all resulting consequences, in particular rebooking fees and costs incurred by the service provider. The customer is warned that the hotel may ask RM before the due date, if and for how many guests the reservation will be made. In this case, the customer must declare without delay upon request by RM, if and for how many guests the reservation will be made.

12.3 If a service is not performed as agreed in the contract, the customer may demand relief to be provided by a fixed due date, provided such relief does not require a disproportionate amount of expense and effort. The customer must report without delay any defect of service to RM directly, a report to the relevant service provider shall not suffice.

In the event the customer culpably omits this, the customer may not derive no claims from such service defects. This shall not apply in the event a reporting of defects will evidently not lead to an improvement or is unreasonable for other reasons.

12.4 The customer shall, if possible, make efforts to prevent damages from occurring and reduce occurred damages to a minimum. The customer shall report any damage risk.

12.5 The customer bears the responsibility for the contractual obligations of their client as for their own.

12.6 In the event a service provider charges RM with costs incurred due to services claimed by the customer or their clients not included in the contractual Incoming services, RM shall be entitled to reimbursement by the customer.

12.7 The customer is prohibited from acting as a intermediary of a contract with RM for their clients and/or from portraying RM as a tour operator. The customer shall be warned that if relevant requirements are applicable, he is obliged to insure customer funds.

13. Special Requirements for Hotel Reservations

In the event a hotel reservation is included in the Incoming services the customer shall, due to the Terms and Conditions of hotels, respect and inform his clients of the following:

- The customer shall be warned that some hotels demand adequate securities of guests, e. g. a deposit by credit card.

- The customer shall not be entitled to a specified type of room, unless expressly agreed otherwise in writing.

- Unless agreed otherwise, the room shall be available from 3 pm to 11 am of the following day. In the event the room is vacated late, the customer shall be liable for compensation of the hotel, or RM shall be entitled to reimbursement by the customer.

The customer shall be warned that a hotel may revoke a contract, if particulars essential for the contract, e. g. information relating to the client or purpose of the intended stay (business instead of pleasure), are misstated in the reservation. The customer shall bear all resulting consequences.

14. Limitation of Liability

14.1 RM shall only be liable for intentional and gross negligence, for simple negligence only in case of breach of an essential contractual obligation and damages resulting from harm to life, body or health. The same applies to breach of duty of a legal representative or agent of RM. RM's liability for damages due to a negligent breach of an essential contractual obligation is limited to calculable damages, as per standard contract provisions.

14.2 For property brought to the hotel, however not stored by the hotel, e. g. in a safe, the amount of liability is limited to a hundred times the amount of the room price, or to a minimum amount of €600 and a maximum of €3,500 and for money, securities and valuables to a maximum of €800, provided the hotel is not at fault.

14.3 If the customer is entitled to damages by RM on the merits of the case, the following shall apply for the calculation of damages of the customer against RM, in case such damages are based on claims of the customer's clients:

The customer may only assert legally established claims for damages.

Furthermore the basis of a claim must be in accordance with German law - damages for wasted holiday time are generally excluded. The amount of damages is limited to a comparative calculation under German law; claims for reductions shall only apply to the relevant service, not the total amount. Instead of asserting claims, the customer may demand that RM assign claims against the service provider to the customer. RM shall be released from all claims by the customer.

14.4 In the event services to be performed are subject to International agreements or legal provisions based on International agreements that state claims for damages may only be asserted in special circumstances with restrictions, RM may refer to these agreements and legal provisions against the customer. limitations of liability under the contract between RM and a service provider also apply in relation to RM and the customer, provided the customer has been informed of the limitations of liability before concluding the contract and the limitations of liability do not violate the provisions in items 14.1 to 14.3.

15. Exclusion of Claims

Claims based on the non-conforming performance of the journey must be asserted within one month after the agreed time of completion of the Incoming services against RM. On expiry of the period the customer may only assert claims, if the customer was unable to observe the due date through no fault of his own.

16. Statute of Limitation

16.1 Claims of the customer against RM shall come under the statute of limitations after one year. Claims for damages relating to harm of life, body or health or due to intentional or grossly negligent breach of contract on the part of RM or a legal representative or agent of RM remain unaffected by this.

16.2 The period of limitation shall begin with the end of the year when the claim was incurred and the customer became aware of the circumstances substantiating the claim and RM as the party liable, or would have to become aware without gross negligence.

16.3 In the event negotiations on claims asserted or circumstances substantiating such claims are pending between the customer and RM, the period of limitation shall be suspended until the customer or RM refuses to continue negotiations. The period of limitation shall expire no earlier than three months after the suspension is lifted.

16.4 The above provisions shall not apply, if and to the extent international agreements or directives of the European Union contain limitation rules applicable to the legal or contractual relationship between the customer and RM and also apply to contracts between enterprises.

17. Applicable Law and Place of Jurisdiction

17.1 The contractual relationship between customer and RM shall be entirely governed by German law. The same shall apply to the legal relationship.

17.2 In the event German law is not applied abroad with legal action of the customer against RM, only German law shall be applied with reference to the legal consequences, in particular the type, scope and amount of the customer's claims.

17.3 RM's principal place of business shall be the agreed place of jurisdiction.

17.4 The above provisions relating to applicable law and the place of jurisdiction shall not apply, if and to the extent non-modifiable contractual provisions of International agreements applicable to the contract between customer and RM result in an alternative stipulation to the benefit of the customer.

18. Severability

Invalidity of any provision of the contract or these General Terms of Conditions shall not affect the validity of the remaining contract or the General Terms and Conditions. In case of dispute, the invalid provision shall be replaced, as far as legally possible, by a provision whose content most corresponds to the invalid provision and is closest to the well-understood economic interest of the parties. The above provisions shall apply correspondingly in the event of omissions in the contract.

Loss of baggage and delay of baggage

RM recommends immediately reporting damages or delays of baggage by filling out a Property Irregularity Report (PIR) of the responsible airline. Airlines generally refuse to provide compensation if the traveler has failed to fill out the Property Irregularity Report. In case of damage to baggage, the Property Irregularity Report must be submitted no later than seven (7) days and in case of delay of baggage no later than twenty-one (21) days after the delivery of baggage. In addition the loss, damage or delay of baggage shall be reported to RM.

Duty to inform the traveler of the operating carrier's identity

The Regulation of the European Union on informing passengers of the operating carrier's identity obliges RM to inform the traveler upon booking of the operating airline's identity of each air transport service within the scope of the booked travel package. If at the time of booking the airline has not been determined, then RM shall inform the traveler of the operating airline's identity or operating airlines' identities which are likely to provide the air transport service(s). RM shall notify the traveler of its identity as soon as the operating air carrier is determined. In case of a change of the operating air carrier RM shall notify the traveler without undue delay to ensure the traveler is informed as soon as possible. The blacklist is available at the following Internet address: http://air-ban.europa.eu.

 

tour operator

Reise Mission GmbH
principal place of business:
Jacobstraße 10, 04105 Leipzig, Germany
managing director: Günter Grünewald

as of May 2012

copyright © 2006-2012 | Reise Mission Leipzig - all rights reserved.