Dear Sir or Madam,
We are very interested in organising your trips to the full satisfaction of your tour guests. Clear legal conditions are an indispensable basis for this. The following terms and conditions shall apply for all business relations between the company Volk Travel Services GmbH – in the following referred to as VTS – and the buyer – in the following referred to as contracting partner – who as resellers are tour operators according to section 651 a et seqq. BGB [Bürgerliches Gesetzbuch, German Civil Code] (Travel Law).
Offers shall be made in writing. They shall be free of charge, non-binding and subject to confirmation. VTS shall be bound by a submitted offer until expiry of the respective indicated binding period. VTS shall reserve the right to correct typographical, printing, and calculation errors before the beginning of the performance.
- Registration/booking and confirmation
Upon registration/booking, which can be made verbally or in writing, the conclusion of a works contract shall be offered with binding effect. The contract shall only become valid when VTS confirms the booking in writing in the form of an order confirmation. If the order confirmation deviates from the registration, this shall be a new offer which is binding for VTS for the duration of 10 days. If the contracting partner does not object to the changes within this period, the contract shall be concluded on the basis of this new offer
An advance payment in the amount of 90% of the trip price must be received at the latest 30 days before the start of the trip. In case of non-compliance with this period, VTS reserves the right to send the travel documents cash on delivery or to withdraw from the contract. If cash on delivery is not accepted, number 8 will come into force. The outstanding amount shall be paid immediately after receipt of the original invoice.
Invoicing shall be carried out under consideration of the advance payment already made. Payments can be made by crossed cheque or as a bank transfer to the following account:
Bank details VTS: Sparkasse Koblenz bank code number: 57050120 Swift MALADE51KOB
account number: 46002283
IBAN: DE03 5705 0120 0046 0022 83
If claims which have fallen due are not paid in due time, VTS reserves the right to demand default interest in the amount of 10%. Such interest shall be due without any further reminder and without prejudice to the possibility of asserting further damage upon submission of proof.
- Prices and price changes
Unless expressly stated otherwise, all prices indicated in the offers and order confirmations shall be per person in EURO. If the travel date is later than four months after the conclusion of the contract, VTS shall be allowed to increase the price by up to 5% due to subsequently incurred and unforeseeable circumstances. A price change is possible at the latest 21 days before the start of the trip and the contracting partner must be informed immediately with specification of the reasons. If the price increases by more than 5%, the contracting partner shall have the right to withdraw from the contract free of charge. If the value added tax increases, we reserve the right to adapt the price.
- Services and changes of services
The contractually agreed scope of service is defined in the service description in the order confirmation. Amendments, changes, special requests, and additional services require the written form. If the contracting partner demands changes or rebookings after the conclusion of the contract, VTS shall be allowed to charge a processing fee in the amount of 30.00- EUR insofar as VTS does not provide evidence for a higher compensation. Individual services may deviate from the contract insofar as they are not caused by VTS, are not significant and do not affect the overall character of the trip.
- Number of participants
The minimum number of participants shall be 20 persons unless stated otherwise in the order confirmation. If the trip takes place with a lower number of participants, VTS reserves the right to increase the price in the amount of the proven additional costs.
- Withdrawal or rebooking by the contracting partner
Rebookings shall be treated as a withdrawal combined with a new registration. A withdrawal from the contract is possible at any time and requires the written form. In case of withdrawal, the client shall be obliged to pay the following lump-sum as compensation or cancellation fees to VTS, insofar as no deviating cancellation periods are agreed upon:
- withdrawal of the contracting party before the contractually agreed, free of charge cancellation date: free of charge.
- withdrawal between the cancellation date which is free of charge and the 22nd day inclusive before the start of the trip: flat rate in the amount of 25% of the total group price;
- withdrawal between the 21st and the 15th day inclusive before the start of the trip: flat rate in the amount of 50% of the total group price;
- withdrawal after the 14th day before the start of the trip: flat rate in the amount of 60% of the total group price.
- For contracting partners who only booked overnight accommodation without any further services, 80% of the trip price shall be paid in case of withdrawal after the 14th day before the start of the trip.
- In case of withdrawal of individual participants later than 40 days before the start of the trip, a cancellation fee must only be paid if VTS incurred the corresponding costs. The cancellation fee shall be paid in the amount of the costs to be proved by VTS. In case of withdrawals of individual participants later than 7 days before the start of the trip, a flat-rate processing fee in the amount of 25,- EUR per person shall be paid in any case, irrespective of the regulation mentioned above.
- If trips which include tickets for events are cancelled, the full costs incurred shall be charged, insofar as VTS incurred the corresponding costs.
For all cancellation fees mentioned above, the contracting partner shall reserve the right to provide evidence of lower damage. You will find exceptions to the terms and conditions for cancellation mentioned above in your travel contract.
- Termination of the contract by VTS
Withdrawal from the contract is possible if the contracting partner is in default with payments, including from other contracts. In all cases the claims for compensation shall be based on number 7.
- Termination due to force majeure
Both VTS and the contracting partner shall have the right to terminate the contract if the trip is endangered or significantly impaired due to force majeure and these circumstances were not foreseeable at the time the contract was concluded. In this case, VTS is allowed to demand a reasonable compensation for the services rendered.
VTS shall be liable within the duty of care of a prudent businessman for the correctness of the contract proposal, the careful selection of service providers, the conscientious travel preparations, and the proper provision of the agreed travel services according to the local standards of the country or place of destination. However, this does not include the liability for occasional disturbances in the electricity, water, and heat supply and for the constant operational availability of facilities such as swimming pool, air conditioning, or lift as well as the liability for unlawful and illegal acts of individual service providers. The liability shall be limited to the amount of three times the arrangement price insofar as damage was not caused intentionally or with gross negligence. Claims can only be asserted if they are submitted in writing within one month after the end of the service.
The date of receipt by VTS shall be decisive. For confirmed additional services such as cultural or sports programmes, it is only possible to assert claims in the amount of the prices paid for the additional services.
- Duty to cooperate
If disruptions in performance occur, the contracting partner has the duty to immediately inform the local tour manager or VTS in order to prevent or reduce possible damage or to allow quick remedial action. The immediate notification of defects is also a prerequisite for the assertion of any subsequent price reduction. Remedial action can also be taken in the form of provision of an equivalent replacement service or another service that is accepted as replacement. The respective service provider shall be notified of the complaint at the same time. However, service providers are not allowed to acknowledge claims.
- Regulations concerning passport, customs, foreign exchange, and health
The contracting partner is responsible towards the traveller for the compliance with these regulations. According to the current state of knowledge VTS endeavours to provide information in the order confirmation or in later travel documents about the respective national provisions with regard to the services to be rendered according to the contract. No guarantee for the accuracy of the information will be assumed.
Insofar as accommodation is in youth hostels and other facilities which are exempt from value added tax, the respective service is rendered by VTS in the name and on behalf of the relevant facility. VTS shall receive a commission fee for this. VTS imposes booking protection for the duration of 3 years for all accommodation that the contracting partner uses within the framework of a contract concluded with VTS.
- General provisions
The postal risk shall be borne by the contracting partner. The invalidity of individual provisions of the travel contract does not result in the invalidity of the contract as a whole. Insofar as VTS acts as tour operator according to section 651 a et seqq. BGB, the statutory protection of the customer’s money will be guaranteed. This shall include the issuance of the risk coverage certificates by VTS to the customers.
The place of jurisdiction, including for default actions, shall be Koblenz.
as of: May 2014