26. June 2016

General Terms and Conditions

General Terms and Conditions (GTCs)

MandA Tours  – Michael und A. Hirschhäuser GbR,
Lönsstr. 2, D-61250 Usingen
Hereinafter MANDA TOURS

1.    Conclusion of Contract
With the booking form you are entering into a binding travel contract with MANDA TOURS. The contract will be binding for MANDA TOURS once MANDA TOURS has confirmed the booking and the price. The agreement can also be concluded verbally in case of a last-minute booking.

2.    Payment
Once the travel contract has been completed and the Secured Payment Certificate “Sicherungsschein” has been issued, a deposit of 10 % is due. The balance is due 60 days prior to the departure date and needs to be credited to our account without further request by this date. The balance payment only becomes due, if MANDA TOURS cannot cancel the tour anymore. In case of last-minute bookings of less than 60 days prior to departure, the total amount becomes due immediately. Bank details: Nassauische Sparkasse Usingen, IBAN: DE41 5105 0015 0159 0466 48 BIC: NASSDE55XXX.  Should the customer come in default of complete or partial payment, MANDA TOURS is entitled to withdraw from the contract and claim damages according to § 5. after issuing a reminder accompanied by a deadline for compliance.

3.    Services
MANDA TOURS is responsible for services according to the standards of the destination country. The service description is as provided in the Tour Flyer and the booking confirmation. These descriptions are binding for MANDA TOURS. MANDA TOURS expressly reserves the right to inform and to explain to the customer any justified service or price adjustments, before concluding the contract.

4.    Changes in Services and Prices
a) Any change of travel services may only be done, if the change has only a marginal impact on the tour and the change relates only to services, which are not substantial. Any change must be reasonable/acceptable for the customer. The circumstances making the change necessary, may not have not been caused by bad faith on the part of MANDA TOURS. MANDA TOURS is obliged to inform the customer without delay about significant changes of the travel services.
b) MANDA TOURS reserves the right to adjust the price of the tour if transport costs or exchange rates change, provided that more than 4 months have passed since the travel contract has been concluded and that the circumstances leading to such a situation had neither occurred nor were foreseeable for MANDA TOURS.
In the event of a subsequent modification of the tour price, MANDA TOURS is under the obligation to notify the customer immediately at the latest, however, 1 month before the start of the tour. Price adjustments at a later time are not permitted. The customer is entitled to withdraw from the contract, or request to participate in another tour equal in value, if MANDA TOURS can offer such a tour at no extra cost, in the case of a price adjustment of more than 5 percent.
c) The customer must assert the rights stipulated under 4.a and 4.b immediately after the notification of the change in the travel services or the travel price by MANDA TOURS against the latter. Written form is required.

5.    Cancellation by the customer
The customer may withdraw from the contract at any time before the start of the tour. In the event that the customer withdraws from the contract or fails to participate in the relevant tour, MANDA TOURS shall be entitled to reasonable compensation, which shall take into account any customary cost savings as a result of such withdrawal or failure. MANDA TOURS is entitled to claim its specifically incurred costs as damage or the below mentioned lump-sum compensation per vehicle:

Up to 60 days prior to departure the deposit
59 to 30 days prior to departure 30% of the agreed price;
29 to 15 days prior to departure 50% of the agreed price;
14 to 0 days prior to departure 100% of the agreed price

If the customer does not make use of individual services because of early return journey or other compelling reasons, MANDA TOURS will try to seek reimbursements for the saved expenses from the relevant service providers. The customer shall be responsible for all separate costs that arise during the tour as a result of or are in connection with changes in the planned bookings, due to the cancellation/early return of the customer. These cost shall be borne by the customer. MANDA TOURS recommends taking out travel insurance (travel cancellation, liability insurance, etc.) aswell as European breakdown cover.

6.    Cancellation by MandA Tours
In case of force majeure or when the tour description specifies a minimum number of participants and this has not been reached, MANDA TOURS can withdraw from the contract according to the period specified in the tour description. In any event MANDA TOURS shall inform the customer in writing without delay after these circumstances, which prevent the tour from taking place, have occurred. Any payments already made on the tour price will be refunded.

7.    Obligation of Co-operation
Disabilities or diseases need to be indicated to MANDA TOURS at the moment of booking, but at the latest after having gained knowledge. The customer should a have a good general physical constitution. The customer is responsible for compliance with all regulations, such as: customs, passport, foreign exchange and health. In case of violation the customer has to bear all resulting consequences. The customer commits to a maximum of consideration for the other customers and MANDA TOURS. The customer will conduct during the tour in a manner that neither he himself, nor other participants of the tour or MANDA TOURS and his employees, will be aggrieved or endangered in their property, freedom, physical safety or their life. The customer will refrain from any act, which will complicate or hinder the execution of the tour or will excessively disturb the other participants travelling. In case of infringement of these obligations MANDA TOURS shall be entitled, at its discretion, to withdraw from the contract when it is no longer reasonable to adhere to the contract

8.    Warranty
If one or several of the travel services are defective, the customer is entitled to:

• Correction within an appropriate period of time. MANDA TOURS can refuse remedy if it requires an unreasonable effort. If MANDA TOURS does not provide any remedy within a reasonable time, the customer himself can find a remedy and demand compensation for expenses, which he had to bear in relation to this specific remedy.
• Mitigation of the tour price with an appropriate amount for the period of the deficiency. The right to mitigation does not apply, if the customer culpably neglects to give notice of the deficiency to MANDA TOURS.
• Termination of the contract in lieu of mitigation if the deficiency affects the tour significantly or if the customer can not be expected to continue the tour due to the deficiency. The termination of the contract is only permitted, if the customer allowed MANDA TOURS an appropriate period of time to correct the deficiency.
• Compensation for non-performance, unless the non-performance is not attributable to MANDA TOURS. If the tour is significantly affected or rendered unviable, the customer may also claim reasonable compensation for wasted holiday time.

9.    Limitation of Liability
The liability of MANDA TOURS is limited at a maximum level of three times the price of the respective tour, unless it can be charged for deliberate intention or gross negligence or if MANDA TOURS can be held solely responsible for damages oft he customer due to the fault of a service provider. The limitation of liability does not apply to personal injury.

10.    Deadlines
Claims due to non-contractual accomplishment of travel services have to be reported to MANDA TOURS within 1 month from the contractual end of the tour. After this period has expired, the Passenger may only assert claims if he was unable to meet this deadline through no fault of his own. Contractual claims become prescriptive 12 months after the contractual end of the tour in accordance with the provisions of paragraphs 651 c-f of the civil code (Bürgerliches Gesetzbuch). Exceptions to this are claims based on physical injury or impairment of health caused by a deficiency under the responsibility of MANDA TOURS or due to gross negligence of MANDA TOURS or one of his representatives. The limitation of liability commences with the day on which the tour should have ended in accordance with the contract. If the customer has asserted such claims, the limitation period is suspended until MANDA TOURS or its liability insurer objects the claims in writing. All other claims are subject to legal limitation periods.

11.    Ineffectiveness of individual provisions
The ineffectiveness of individual provisions of the travel contract shall not affect the effectiveness of the other provisions or the entire travel contract.

12.    Jurisdiction
The contractual and legal relationships between MANDA TOURS and the customer are subject to the German law. The place of jurisdiction shall be determined according to the statutory provisions. The general place of jurisdiction for claims of the customer is the principal place of business of MANDA TOURS. For claims of MANDA TOURS against the customer the customers residence shall be decisive, unless the customer is a registered trader or legal entity, or a person that does not have a place of general jurisdiction in Germany or has transferred his place of residence or habitual abode to a country other than Germany after conclusion of the contract, or if the customer’s residence or habitual abode is unknown when the legal action is filed. In these cases the principal place of business of MANDA TOURS is decisive.