General travel conditions

General travel conditions

1. Registration, travel confirmation

1.1.
With your travel registration (booking) you offer GOLF AND SAIL CRUISES GmbH, hereinafter referred to as GSC, the conclusion of a travel contract. This can be done in writing, orally, by fax or electronically. The travel contract is only concluded when we confirm the booking and the price of the trip for you or your travel agent. No special form is required for this.

1.2.
At or immediately after the contract is concluded, you will receive a travel confirmation that contains all the essential information about the travel services you have booked.

1.3.
The applicant is responsible for all contractual obligations of fellow travelers for whom he makes the booking, as for his own, provided that he has assumed this obligation by express and separate declaration.

1.4.
All personal data that you provide to us to process your trip are subject to the provisions of the Federal Data Protection Act and are protected by us against misuse.

1.5.
If the content of the travel confirmation differs from the content of the registration, there is a new offer from GSC, to which GSC is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the traveler declares acceptance within the GSC binding period by express declaration, down payment or final payment.

2. Payment

2.1.
A deposit of 25% per person is required within one week of receipt of the travel confirmation and invoice as well as the delivery of the security certificate. S. v. § 651 k Abs. 3 BGB. The remaining payment is due four weeks before the start of the trip and before receipt of the travel documents (tickets etc.). In the case of short-term registrations, the entire travel price is due immediately.

2.2.
If the traveler is in arrears with a payment to GSC, GSC can withdraw from the contract. In this case, GSC may withdraw from the contract according to section 5.2. desire.

2.3.
If the travel price is not paid in full by the start of the trip, the contract is automatically canceled. GSC can then claim compensation in accordance with the cancellation fees in accordance with Section 5.2. desire.

2.4.
The cost of ancillary services, obtaining visas etc. as well as telephone reservations or inquiries are at the customer’s expense.

2.5.
All payments must be made directly to GSC. The mediating travel agency is not authorized to accept payments. Payments to the intermediary travel agency are made solely at the risk of the traveler and have no debt-relieving effect towards GSC if the payments are not forwarded to GSC.

3. Services and prices

3.1.
Which services have been contractually agreed results from the travel description and the booking confirmation.

3.2.
Travel agents (e.g. travel agencies) and service providers (e.g. hotels, transport companies) are not authorized by the tour operator to make agreements, provide information or make assurances that change the agreed content of the travel contract, which exceeds the contractually agreed Services of the tour operator go beyond or contradict the travel advertisement.

3.3.
flights
The flights will only be arranged by GSC insofar as this is expressly stated in the travel confirmation. The transport takes place in the tourist class; for a surcharge, also in business and 1st class, insofar as these are available. Flights on days other than the booked travel days, e.g. B. as a result of pre- or post-programs can lead to additional costs. Seat reservations are generally only accepted by the airlines as non-binding reservations. The conditions of carriage of the airlines whose flights we arrange are binding. We will be happy to provide them to you on request. The choice of flights can mean that the outward flight takes place late in the afternoon or in the evening, but the return flight takes place in the morning or in the morning. There is no entitlement to compensation for meals that are no longer required on site.

3.4.
baggage handling
The general baggage regulations of the responsible airline apply. Individual agreements and information about weight limits, special baggage (e.g. golf equipment) and number of pieces of baggage are regulated under 3.1. Please notify the responsible airline immediately of any damage or delays in delivery by means of a damage report (P.I.R.). The notification is a prerequisite for liability.

3.5.
Services not used If the traveler does not make use of individual travel services due to early return and in other important cases, GSC will endeavor to reimburse the service providers for the saved expenses.

This is not necessary if the services are completely insignificant or if there are legal or official regulations opposing reimbursement. GSC is entitled to withhold 20% of the paid amount as compensation for additional efforts and costs.

4. Service and price changes

4.1.
In the event of a flight being canceled by the airline and e.g. B. In the event of non-compliance with the flight plan by the airline, it may be necessary to change the airline, the aircraft or the departure or return airport. For these or comparable reasons, such a change or change is reserved. In the case of replacement transport, only the costs of 2nd class rail travel will be reimbursed.

4.2.
Any changes to the itinerary are possible for boat trips, e.g. B. in high or low tide, adverse weather conditions, official orders, if the ship could not keep to its schedule at the time of the start of the journey if the course of the journey is delayed due to an unforeseeable, technical defect. For this purpose, GSC and the captain of the ship are entitled at their own discretion and decision and without assuming liability in the event of damage and without any reimbursement obligation of any kind, as well – but not mandatory – to switch to other means of transport, to ask the passenger to leave the ship temporarily or permanently, to tow, and to be towed, or to assist other ships or perform similar acts.

4.3.
GSC reserves the right to increase the prices advertised and confirmed with the booking in the event of an increase in transportation costs or taxes for certain services, such as port or airport fees, fuel surcharges, insurance premiums or a change in the exchange rates applicable to the trip in question change how their increase per person or per seat affects the travel price if there are more than four months between the conclusion of the contract and the agreed travel date. In the event of a subsequent change in the travel price or a change in an essential travel service, GSC must notify the traveler immediately, but no later than 21 days before the start of the trip. Price increases after this time are not permitted. In the event of price increases of more than 5% or in the event of a significant change to a major travel service, the traveler is entitled to withdraw from the travel contract without fees or to request participation in an at least equivalent trip if GSC is able to undertake such a trip at no additional cost to offer the traveler from his offer. The traveler must assert these rights against GSC immediately after GSC’s declaration of the price increase or change of the travel service.

5. Withdrawal, rebooking, substitutes

5.1.
You can withdraw from the trip in writing at any time before the start of the trip. Your cancellation notice will take effect on the day you receive it from us.

5.2.
If one of the parties withdraws from the contract or if you do not take the trip, GSC can demand reasonable compensation for the travel arrangements and their expenses. Our all-inclusive claim for cancellation fees is only a processing fee of EUR 25 per person if you cancel the booked trip up to the 120th day before the start of the trip. If you cancel later, the following cancellation fees apply.

91 days before the start of the trip 25% of the travel price
from 90 to 61 days before the start of the trip 50% of the travel price
from 60 to 31 days before the start of the trip 75% of the travel price
from 30 days before the start of the trip 95% of the travel price

In addition, in the event of cancellation of individual and group trips, the costs charged by the service provider to GSC will be charged. B. Hotel empty bed fees for short-term cancellation. The traveler is free to prove to GSC that this is no damage at all or that it is significantly less than the lump sum requested. In this case, the proven lower damage replaces the flat rate. GSC reserves the right to request higher, specific compensation in deviation from the above flat rates. In this case, GSC is obliged to quantify and substantiate the required compensation, taking into account the saved expenses and any other use of the travel services.

5.3.
At your request, we will endeavor, subject to availability, to change the travel registration (rebooking) up to the 60th day before the start of the trip. A change of booking from the 59th day before the start of the trip requires your declaration of cancellation with regard to the booked trip and requires a subsequent registration.

This does not apply to rebooking requests that are proven to cause only minor costs. Changes to the travel date, the travel destination, the accommodation or the transport are considered to be rebooking.

5.4.
You can order a replacement person for yourself until the start of the trip. This requires notification to the tour operator. The latter can object to the change of person if he has important reasons for this (e.g. special requirements for this trip, legal prohibitions, refusal of the airline or the hotelier, etc.). If a third party enters the contract, he and the applicant GSC are jointly and severally liable for the travel price and the additional costs incurred by the third party joining.

5.5.
Cancellation and rebooking fees are due immediately.

6. Cancellation and withdrawal by the tour operator

6.1.
After the start of the trip, GSC can terminate the travel contract without observing a deadline if the travel is disrupted by the traveler despite a corresponding warning from the tour operator. The same applies if the traveler behaves to a large extent contrary to the contract, so that the immediate cancellation of the contract is justified. In addition, GSC can terminate the contract without notice if, according to the captain, the passenger is unable to travel due to his physical condition or another reason, travels unaccompanied, even though he is dependent on accompaniment or the trip was booked due to incorrect information. In all these cases, GSC retains the right to payment of the travel price after termination. Any additional costs for the return transport are borne by the interferer. However, GSC must allow the value of the saved expenses and the advantages that can be obtained from another use of services not used, including any reimbursements from the service providers.

6.2.
GSC can withdraw from the trip up to two weeks before the start of the trip if a minimum number of participants is not reached, provided (a) in the prospectus / webpage the minimum number of participants and the date by which the customer must have received the declaration at the latest – before the contractually agreed start of the trip – or (b) the minimum number of participants and the latest withdrawal period is clearly stated in the travel confirmation or refers there to the corresponding information in the advertisement. The notice of cancellation will be sent to you immediately after the condition for not carrying out the trip has been met. You will immediately receive the paid travel price back.

7. Cancellation of the contract due to exceptional circumstances

7.1.
If the trip is made significantly more difficult, endangered or impaired due to force majeure that cannot be foreseen when the contract was concluded (e.g. due to war, internal unrest, natural disasters, storms), both the traveler and GSC can terminate the travel contract. GSC will then immediately reimburse the paid travel price, but may demand compensation for travel services rendered or still to be provided.

7.2.
If the cancellation occurs after the start of the trip, the tour operator is obliged to take the necessary measures, in particular to return the traveler if possible. The traveler has to bear the additional costs for the return transport.

8. Liability

8.1.
We are liable for the due diligence of a prudent businessman

8.1.1.
Conscientious travel preparation

8.1.2.
Careful selection and monitoring of service providers (e.g. transport companies, hoteliers etc.)

8.1.3.
The proper provision of the contractually agreed travel services, taking into account the applicable regulations of the respective destination country and place.

8.2.
However, we are not liable for the information in hotel and local brochures, on the creation of which we have no influence. We are also not liable if the state’s political situation and possible entry requirements change after the printing of this brochure at a travel destination, which make entry into the country or travel destination in question difficult or appear to be ineffective. We will inform you about such and significant subsequent changes as soon as possible.

8.3.
We are liable for the fault of the persons entrusted with the provision of the service, unless this results from these travel conditions or from the circumstances, and insofar as damage was caused by the persons entrusted with the service provision not only on the occasion of the performance of the contract. The scale of due diligence depends on the circumstances at the place of performance. Your trip takes you mainly to foreign countries, where foreign circumstances and in some cases also foreign laws are decisive.

8.4.
Scope of liability
GSC is not liable for disruptions in the performance of brokered external services, provided that the booking activity and the travel confirmation explicitly refer to the brokerage activity. Only under these conditions does the following apply to flights for which the traveler receives a corresponding transport pass: It is not GSC as an intermediary who is liable for the provision of the transport service, but the transport company. GSC is not an air carrier. The airlines’ liability is based on their conditions of carriage, which can be requested from GSC. The liability of airlines is otherwise limited by international agreements and regulations, e.g. For example, the Warsaw Convention and Regulation (EEC) No. 295/91 of February 4, 1991. We will send them to you on special request. Liability for damage caused by delay is excluded.

8.5.
warranty

8.5.1.
The traveler can request remedial action if the trip is not performed in accordance with the contract. GSC can refuse the remedy if it requires a disproportionate effort.

8.5.2.
Upon returning from the trip, the traveler can request a reduction in the travel price corresponding to the underperformance if the request for remedy was unsuccessful and the trip was not performed in accordance with the contract. Any further claims to subsequently reduce the travel price remain unaffected.

8.5.3.
If the tour operator has not remedied within a reasonable period of time or declares that remedy cannot be provided, and if the trip is significantly impaired due to the non-contractual provision, the traveler can terminate the travel contract. If the contract is canceled in this way, GSC is obliged to take the necessary measures, in particular to return the traveler if necessary.

8.6.
If the tour operator is responsible for a circumstance that leads to a defect in the trip, the traveler can demand compensation, including due to useless vacation time.

8.7.
Limitation of liability

8.7.1.
The contractual liability of the tour operator is limited to three times the travel price insofar as damage to the traveler is not caused intentionally or through gross negligence. The same applies insofar as the tour operator is responsible for any damage incurred by the traveler solely due to the fault of a service provider.

8.7.2.
The tour operator is not liable for service disruptions in connection with services that are mediated as external services (e.g. sporting events, theater visits, exhibitions etc.) and those in the trip

letter are expressly marked as external services.

8.7.3.
A claim for damages against the tour operator is limited or excluded insofar as, based on legal regulations or international agreements that apply to the services to be provided by a service provider, a claim for compensation against the service provider can only be asserted under certain conditions or restrictions or under certain conditions are excluded.

8.7.4.
If the tour operator has the position of a contractual air carrier, liability is regulated according to the provisions of the Air Traffic Act in connection with the international agreements of Warsaw, The Hague, Guadalajara and the Montreal Agreement (only for flights to the USA and Canada). These agreements generally limit the carrier’s liability for death or personal injury, and for loss and damage to luggage. If the tour operator is a service provider in other cases, he is liable according to the provisions applicable to these.

8.7.5.
If the tour operator has the position of a carrier during ship trips, liability is also regulated according to the provisions of the Commercial Code.

8.8.
Obligation to cooperate, complaints

8.8.1.
Every traveler is obliged to do what is reasonable in the event of a service disruption, to help remedy the disruption and to minimize any damage that may arise.

8.8.2.
If, contrary to expectations, you have reason to complain, you must inform our tour guide immediately on the spot. If a local tour guide or agency is not available or cannot be reached, or if it cannot remedy a malfunction, please contact the service provider (transfer company, hotelier) and / or the tour operator or his contact address in the respective destination. If a traveler culpably fails to meet these obligations, he is not entitled to any claims.

8.8.3.
Tour guides are not entitled to accept any claims.

9. Exclusion of claims and limitation

9.1.
Your claims must be made in writing to GOLF and SAIL CRUISES GmbH, Brandenburgische Straße 44, 10707 Berlin, within one month of the contractually agreed return date. After the deadline has expired, you can only assert claims if you were unable to meet the deadline through no fault of your own.

9.2.
All claims from the travel contract expire one year after the contractually agreed return date.

9.3.
Claims from tortious acts expire after two years.

9.4.
The limitation period is suspended if the tour operator first explains to you that the complaints and claims are being checked. The suspension ends when the organizer announces to the customer the result of his examination and his decision with regard to his claims.

10. Insurance

10.1.
You are insured against the transport risk during the flight within the framework of the legal provisions.

10.2.
For your own safety, we recommend that you take out travel cancellation, travel interruption, travel sickness, luggage, travel accident and travel liability insurance.

11. Passport, Visa, Customs, Foreign Exchange and Health Regulations

11.1.
With the travel documents and the travel descriptions in the catalog, you will receive essential information about the formalities necessary for your trip. Please note this information, because every traveler is responsible for compliance with these regulations. All costs and disadvantages arising from non-compliance with this information are at your expense.

11.2.
Please make sure that your passport, which you need for the trip, is valid, if possible six months beyond your planned travel date. Children must have their own identification document, which is accepted by the authorities of the respective destination countries. This information applies to Germans. Foreigners and foreign passport holders should contact the responsible consulate or embassy.

11.3.
You are liable to GSC for all consequences and damages, in particular penalties, fines and expenses, which must be paid and deposited because you do not follow the regulations of the country concerned for entry, exit and transit or do not comply with the required documents or have not presented in the prescribed form. You are required to immediately refund any amount of money that GSC must pay or deposit.

12. General

12.1.
Printing errors and calculation errors in the prospectus or in the travel confirmation entitle GSC to contest the effectiveness of the travel contract. In such a case of challenge, GSC must compensate the traveler for the proven loss of trust.

12.2.
All information in our travel description corresponds to the status at the time of printing.

12.3.
The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract. The same applies to the present travel conditions.

12.4.
Verbal agreements are only effective if we have confirmed them in writing.

12.5.
For boat trips, combined air / boat trips, train / boat trips and bus trips, the conditions of the respective shipping company or the entrepreneur also apply, which we will be happy to provide you on request.

12.6.
The contractual relationship is governed by German law.

12.7.
Place of jurisdiction for merchants, for people who do not have a general place of jurisdiction in Germany, for people who have relocated or habitually resided abroad after the conclusion of the contract or whose domicile or usual place of residence is not known at the time the lawsuit is filed, as well as for passive processes , is Berlin.