General terms and conditions
1 Registration and confirmation
1.1 By registering, the customer makes a binding offer to conclude a contract on the basis of these Terms and Conditions of Business and Travel. This should preferably be done in writing.
1.2 The travel contract is bindingly concluded with the confirmation of the customer’s travel registration by Die-Tagestour.de. If the customer books a tour for a third party (e.g. when registering a group), he is considered to be the representative of a third party, who becomes entitled and obligated to Die-Tagestour.de by concluding the travel contract according to these travel conditions.
1.3 The registration is made by the customer also for all participants listed in the registration, for whose contractual obligation the registrant is responsible as for his own obligations.
1.4 If the content of the travel confirmation differs from the content of the registration, a new offer from Die-Tagestour.de exists, to which Die-Tagestour.de is bound for a period of 10 calendar days. The contract is concluded on the basis of this new offer if the customer notifies Die-Tagestour.de of acceptance within the binding period.
2.1 The scope of services owed by Die-Tagestour.de results from the service description on which the travel registration is based and the confirmation of the travel registration by Die-Tagestour.de referring to it.
2.2 If transportation is provided by local public transport and the customer is issued a corresponding transportation pass, Die-Tagestour.de will provide third-party services. In this case, transportation is provided according to the conditions of the respective carrier.
2.3 For day trips Die-Tagestour.de does not hand over a security certificate to the customer. Also in the case of the procurement of individual travel modules (e.g. travel insurance, visa, flight, accommodation) the obligation to issue a security certificate by Die-Tagestour.de does not apply.
3.1 Unless otherwise agreed, after conclusion of the contract, payment of the travel price is due no later than 6 weeks before departure.
3.2 Should Die-Tagestour.de only act as an agent (e.g. for visa, accommodation, flight), the payment and cancellation conditions of the respective company also apply. Unless otherwise agreed, a down payment is to be made to Die-Tagestour.de, which will be credited against the total travel price. The remaining payment is made to the respective service provider.
4. Service and price changes
4.1 The change of the owed travel services is permissible if there is an objective reason for it, which Die-Tagestour.de has not brought about against good faith, the changes are not significant and do not affect the overall nature of the booked service.
4.2 Die-Tagestour.de reserves the right to increase the agreed travel price to the same extent in the event of unforeseen, significant price changes (> 10%). This gives the customer the right to terminate the contract within 7 working days.
5 Withdrawal by the customer, rebooking, substitute persons.
5.1 Before the start of the trip, the customer can withdraw from the contract at any time in writing. The date of receipt of the withdrawal notice by Die-Tagestour.de is decisive.
5.2 If the customer withdraws from the travel contract or does not start the trip, Die-Tagestour.de can claim compensation for the travel arrangements made and expenses incurred. Cancellation is considered only if the trip is completely canceled for all participants. In case of non-participation of the trip by individuals, there will be no reduction of the travel price. As compensation for travel arrangements made and expenses incurred, Die-Tagestour.de will charge the following cancellation fees as a percentage of the tour price:
- 28-1 day(s) before departure 75% (alternatively free rebooking possible),
- in case of no-show or cancellation of the tour 100%.
Up to 24 hours before the start of the tour, a free rebooking to a free date of the following 12 months is possible.
For arranged services (e.g. flight ticket, accommodation, visa, travel insurance) different cancellation fees can be agreed. These shall be printed on the invoice and shall be deemed to have been agreed if the customer makes payments on the invoice without previously objecting in writing to the cancellation provision printed there.
5.3 Notwithstanding the above, the payment and cancellation conditions specified in the booking conditions of the individual offers shall apply.
5.4 If changes are desired by the customer after receipt of the booking confirmation with regard to the travel date (to be noted in the case of visas), the travel destination, the place of departure, the accommodation or the mode of transport, this can only be done in the form of a withdrawal from the travel contract with a subsequent new registration. In the case of insignificant change requests, Die-Tagestour.de may waive the aforementioned cancellation fees.
5.5 Until the beginning of the trip, the customer can demand that a third party takes over the rights and obligations of the travel contract. Die-Tagestour.de can object to the entry of the third party if he does not meet the special travel requirements or his participation is contrary to legal regulations or official orders. If a third party enters the contract, he and the customer of Die-Tagestour.de are jointly and severally liable for the tour price and the additional costs incurred by the entry of the third party.
5.6 Visa procurement including consular fees and costs for procurement of official invitations are to be paid in full by the customer after the visa has been issued, unless the non-implementation of the trip is due to reasons for which Die-Tagestour.de is responsible.
6. withdrawal and termination by Die-Tagestour.de
6.1 Die-Tagestour.de may withdraw from the travel contract before the start of the trip or terminate the travel contract without notice after the start of the trip in the following cases:
- If the customer has not paid the travel price by the contractually agreed date and a reasonable grace period set by Die-Tagestour.de for the customer has expired without success.
- If the customer disturbs the implementation of the trip of Die-Tagestour.de sustainable or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified.
6.2 The right of withdrawal of Die-Tagestour.de exists if the implementation of the trip is made difficult, endangered or impaired as a result of extraordinary circumstances unforeseeable at the time of conclusion of the contract (war, terrorist attacks, strike, riots, official orders, natural disasters, etc.). If possible, the customer receives an alternative offer by Die-Tagestour.de in this case.
In the event of a defect in the travel services, the customer is entitled to the statutory warranty claims. The customer has the right to reduction or cancellation if Die-Tagestour.de does not provide remedy within a reasonable period determined by the customer.
8.1 Die-Tagestour.de is liable within the scope of the duty of care of a prudent businessman for the conscientious travel preparation, the careful selection and supervision of service providers.
8.2 The liability of Die-Tagestour.de for damages, which are not bodily injuries, is limited to three times the travel price, as far as the damage of the customer is neither caused intentionally nor by gross negligence or Die-Tagestour.de is responsible for a damage incurred by the customer solely due to the fault of a service provider.
8.3 Die-Tagestour.de does not assume liability if travel documents cannot be sent in time due to late receipt of payment. Without full payment of the travel price, there is no right to use the travel services.
8.4 Die-Tagestour.de is not liable for the proper implementation of third party services (e.g. travel insurance, accommodation, flight, visa). Die-Tagestour.de is only responsible for the proper arrangement of these external services.
9. Duty to cooperate
The customer is obligated to cooperate in the event of service disruptions within the framework of the legal provisions, to avoid and minimize any damage and to counteract the occurrence of damage. In particular, the customer is obliged to immediately inform Die-Tagestour.de of his complaint. The customer also has a duty of care towards his fellow travelers (other customers, tour guides, etc.) regarding the preservation of the health of fellow travelers. Deliberate acceptance of health damage to others can result in exclusion from the tour.
10 Exclusion of claims and statute of limitations
10.1 Claims for non-contractual performance of the tour must be made by the customer in writing to Die-Tagestour.de within one month after the contractual end of the tour. After expiration of the deadline, the customer may assert claims if he was prevented from meeting the deadline through no fault of his own. In this case, the customer has the obligation to prove this.
10.2 Claims of the customer shall become statute-barred after one year. The limitation period begins on the day on which the trip should end according to the contract. If the customer has asserted such claims, the limitation period is suspended until the day on which Die-Tagestour.de rejects the claims in writing.
11. Passport, visa and customs regulations
11.1 If it is possible for Die-Tagestour.de, customers will be informed about important changes to the general regulations stated in the tour description before the start of the tour.
11.2 Die-Tagestour.de is not liable for the untimely issuance or non-issuance of necessary visas by the respective diplomatic representation, unless Die-Tagestour.de is responsible for the delay or non-issuance.
11.3 The customer is responsible for the compliance with all regulations that are important for the execution of the trip. All disadvantages resulting from non-compliance with these regulations are at his expense, except if they are caused by culpable misinformation or non-information of the tour operator.
11.4 If travel regulations of individual countries are not complied with by the customer or a visa is not issued in time due to the fault of a customer, so that the customer therefore cannot participate in the trip, Die-Tagestour.de can charge the customer with the corresponding cancellation fees. In particular, the customer is responsible for the sufficient validity of his passport.
12. Invalidity of individual provisions
The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract. Any amendments or ancillary provisions must be made in writing.
13.1 The law of the Federal Republic of Germany shall apply in addition, in particular the German Travel Contract Act (§ 651 a – m BGB).
13.2 The customer can only sue Die-Tagestour.de at its registered office. For lawsuits of Die-Tagestour.de against the customers the domicile of the customer is decisive, unless the lawsuit is directed against registered traders or persons who do not have a general place of jurisdiction in Germany, or against persons who have moved their domicile or usual place of residence abroad after conclusion of the contract, or whose domicile or usual place of residence is not known at the time the lawsuit is filed. In these cases the domicile of Die-Tagestour.de is decisive.
Owner: Pedro Oehme