· TRAVEL TERMS AND CONDITIONS ·

FIRMA AMICAL ALPIN GmbH & Co. KG


General Travel Terms & Conditions of AMICAL alpin GmbH & Co. KG for the conclusion of travel contracts as of 1 July 2018 (Terms up to 30.06.2018 please see below)

 

Dear clients, These Terms and Conditions, (if and to the extent same have been validly agreed upon), become part of and shall govern the contractual relationship concluded as of 1 July 2018 between you, the travel client, and AMICAL alpin GmbH & Co. KG (hereinafter referred to as "AMA"). They complement the legal provisions of Sections 651a to–y BGB (Bürgerliches Gesetzbuch – German Civil Code) and the statutory information obligations applying to tour operators according to Articles 250 and 252 EGBGB (Einführungsgesetz zum BGB – Introductory Code to the German Civil Code). Please read these Terms and Conditions carefully before submitting your travel booking!

 

1. Conclusion of Contractual Relationship / Clients’ Obligations

 

1.1. The following shall apply in relation to all booking methods: a) The offer of AMA and the client's booking shall be based on the published description of the travel package offered as well as any supplementary information as provided by AMA (such as classification specifications e.g.) as provided and available to the client at the time of his/her booking. b) Travel agent’s and booking service providers are not authorised by AMA to conclude contracts on AMA’s behalf, to provide information or warranties which in any way amend the agreed contents of the travel package contract, go beyond the published description or contractually provided warranties of the travel package or contradict same. c) Any information provided in hotel guides and similar directories which have not been published by AMA, shall have no binding effect for AMA and its contractual obligations, unless expressively agreed otherwise. d) If the booking confirmation communicated by AMA differs in any way from the booking placed by the client, such confirmation shall constitute a new offer by AMA to which it shall be bound for a period of 10 days. The travel package contract shall be concluded on the basis of this new offer, provided AMA has indicated such amendments to the client and has duly fulfilled its pre-contractual information duties in relation thereto and provided moreover, the client has accepted same, either expressively or tacitly by way of effecting payments in this regard. e) Any and all information provided by AMA prior to conclusion of the travel package contract in relation to material specifics of the travel services, the travel package price and any additional costs, the conditions of payment, the minimum number of travel participants and standard cancellation fees - in accordance with Article 250 Subsection 3 numbers 1, 3 to 5 and 7 EGBGB (Introductory Code to the German Civil Code) – shall not become subject to the travel package contract only if this has been explicitly agreed upon by and between AMA and the client. f) In relation to any client bookings made not only for the client him/herself but also for and on behalf of fellow travelers, the client shall be liable for the contractual obligations of such fellow travelers in the same way as for its own contractual obligations, provided the client has expressly undertaken to assume such fellow travelers’ obligations by way of a separate declaration to this effect.

 

1.2. The following applies to bookings made orally, telephonically, in writing, by e-mail or by fax: a) By way of placing a booking (travel booking), the client - in a contractually binding manner - furnishes an offer to AMA to enter into a travel package contract to which it shall be bound for a period of 3 working days. b) The corresponding travel package contract is concluded upon the client receiving AMA’s acceptance which is given by way of AMA’s booking confirmation. Upon or immediately subsequent to the conclusion of the travel package contract, AMA shall provide the client with a corresponding booking confirmation document which shall be compliant with the statutory provisions defining such a booking confirmation’s necessary contents. The booking confirmation document shall be issued on a pre-servable medium, i.e. in such a manner which shall allow for the client to keep or store the booking confirmation document as provided by AMA, in order to access same at any moment within an adequate period of time (e.g. on paper or by way of an email attachment), provided the client is not entitled to a booking confirmation document on paper in accordance with Article 250 Section 6 Subsection (1) second sentence EGBGB (Introductory Code to the German Civil Code) which applies in cases where the travel package contract is concluded in the physical presence of both parties or in cases where it is concluded outside business premises as defined in Section 312b BGB (German Civil Code).

 

1.3. In relation to bookings which are generated electronically (e.g. via internet or app or tele media) the following shall apply: a) The client is instructed about the relevant online booking procedure on AMA’s website or app. b) In order to correct, delete or reset the entire online booking form, various functions shall be available to the client which the client shall be informed and instructed about online. c) The various language options which may be used to pursue the booking process are provided on AMA’s website or app. d) If and to the extent that the travel package contract’s contents are saved electronically, the client shall be informed accordingly as well as about the possibility of accessing and down loading the respectively stored data at any later point in time. e) By activating the button "zahlungspflichtig buchen“ (“binding booking resulting in a payment duty”) the client furnishes to AMA a binding offer to conclude the travel package contract which the client shall be bound to for a period of three working days as of the time at which the client’s respective offer is electronically triggered in accordance with the aforementioned process. f) Immediately thereupon, the client will automatically receive an electronic confirmation of receipt in relation to his/her travel booking. g) Transmitting the travel booking by way of activating the button “zahlungspflichtig buchen” shall not entitle the client to any rights regarding the conclusion of a travel package contract on the basis of the travel booking submitted. AMA remains free to, at its sole discretion, accept the client’s travel booking or not. h) The travel package contract shall be concluded upon the client receiving AMA’s respective booking confirmation which shall be provided by AMA on a pre-servable medium. i) In cases where an electronic booking confirmation is automatically triggered and visible on the screen immediately upon the client having activated the button „zahlungspflichtig buchen“, a contractual relationship is concluded upon the client receiving such booking confirmation, i.e. upon same appearing on the screen without any confirmation of receipt becoming necessary in relation to the client’s travel booking (real time booking). In such cases, the client may opt whether to electronically save or print such booking confirmation. Either way, a binding travel package contract shall have been concluded, irrespective of whether the client opts to save or print the booking confirmation or decides to do neither.

 

1.4. AMA advises the client herewith that, according to the applicable statutory provisions (Section 312 Subsection (7), 312 g Subsection (2) Sentence 1 No. 9 BGB – German Civil Code), the client shall not be entitled to any right of revocation in relation to travel package contracts which according to Sections 651a and 651c BGB (German Civil Code) have been concluded remotely (i.e. by way of letter, brochure, telephone, telefax, E-Mail, mobile phone, mobile text message, as well as by radio broadcast, television and online services). The client’s statutory rights to cancellation, especially his/her cancellation rights according to Section 651 h BGB (German Civil Code) (see also Clause 5 below) shall remain unaffected. The client shall however be entitled to revocation if the travel package contract has been concluded outside of business premises, unless the oral negotiations on the basis of which the travel package contract was subsequently concluded were conducted due to the client’s respective request in which case, in turn, the client shall have no right of revocation.

 

2. Payment

 

2.1. Prior to complete fulfilment of all services which are to be provided by AMA under the travel package contract, AMA and its agents shall only be allowed to collect client payments in relation to the travel package price, provided that a valid contract for the purposes of insuring or guaranteeing such client payments (Kundengeldabsicherung) in accordance with Section 651r BGB (German Civil Code) exists and that the client has been provided with a corresponding security certificate (Sicherungsschein) which clearly and comprehensibly as well as prominently displays the insuring or guaranteeing party’s name and contact information. Following conclusion of the travel package contract and upon such aforementioned security certificate having been provided to the client, an advance payment amounting to 20 % of the travel package price shall become due for payment by the client to AMA. Prepayment instalments shall not exceed the following maximum amounts: Alpine tours: € 100,-, trekking tours € 400,-, expeditions € 600,-. Payment of the residual balance amount shall – with the exception of day trips or unless specified otherwise within the bookings confirmation - become due for payment 30 days prior to commencement of travel services, provided the bankruptcy insurance certificate has been duly delivered and the travel service can no longer be cancelled for the reason mentioned under Section 7. The payment for day trips shall become due for payment on the day when the day trip is scheduled prior to commencement of the programme.

 

2.2. If the client fails to pay the advance payment and/or the residual balance in accordance with the agreed payment terms, despite AMA having duly fulfilled its statutory information duties and being ready and able to duly perform the contractual travel package services, and provided moreover, the client does not hold any legal or contractual right to retain such payments, AMA will submit to the client a reminder notice defining a period within which the client is to effect such overdue payments and announcing that, in the event of the client continuing to fail effecting such payments, AMA will rescind the travel contract and charge to the client cancellation fees in accordance with the provisions of Section 5 below.

 

3. Amendments (other than Price Increases) of the Travel Package Contract Applied Prior to Performance

 

3.1. Any amendments becoming necessary in relation to material specifics of travel services after conclusion of the respectively underlying travel package contract and prior to commencing performance of the corresponding travel services shall only be allowed if such amendments are not substantial to and do not impair the overall nature of the contractually agreed travel package services. The aforementioned shall not apply if such amendments become necessary due to AMA having acted in breach of good faith.

 

3.2. AMA shall be under an obligation to, without undue delay, clearly, comprehensibly and prominently inform the client by way of a pre-servable medium about any amendments relating to travel services under the travel package contract upon AMA receiving knowledge of the reasons which make such amendment necessary.

 

3.3. In the event of any substantial amendments becoming necessary in relation to material specifics of travel services or in case of any changes arising with respect to special client requests, the client shall be entitled to, within an adequate period defined by AMA, when informing the client about the relevant amendment or change, either accept the amendment or cancel the travel package without incurring any cancellation fees or accept the provision of an alternative travel package, if AMA has offered such an alternative. If the client fails to cancel the travel package contract within the period defined by AMA the amendment shall be deemed to have been accepted by the client.

 

3.4. Any and all warranty claims remain unaffected as far as the amended travel services are deficient in any way or have not been duly fulfilled. If, in relation to the amended travel package or in relation to an alternative travel package (provided such has been offered by AMA at a quality of same value and at the same price) the costs expended by AMA in this regard are lower, AMA shall be under an obligation to refund to the client the difference amount in accordance with Section 651m BGB (German Civil Code).

 

4. Increase and Decrease of the Travel Package Price

 

4.1. AMA, in accordance with Sections 651f, 651g BGB (German Civil Code) and subsequent provisions reserves the right to increase the travel package price in the event of a) any increase in cost of carriage resulting from increased fuel or other energy source prices, b) any increase of taxes, levies or fees, payable with respect to contractual travel services such as tourism taxes, port and airport fees or c) applied in relation to the relevant travel package, directly affecting the travel package price.

 

4.2. Any increase of the travel package price shall only be admissible if AMA clearly and comprehensibly informs the traveller in written text about such price increase and its reasons, thereby informing also about the calculation of same.

 

4.3. Price increases shall be calculated as follows: a) As regards any increase of costs of carriage according to Clause 4.1 lit a) above, AMA may increase the travel package price as follows:  In case of a seat related increase AMA may charge the respectively resulting difference amount to the client.  In all other cases the increase charged by the transport supplier per vehicle or airplane may be calculated and charged on the basis of dividing the total increase amount by the number of seats booked by AMA. The accordingly calculated increase amount per seat may be charged to each affected client. b) As regards any increase of taxes, levies or fees according to Clause 4.1 lit b) above, the travel package price may be increased accordingly on a pro rata basis per client. c) As regards any increase of foreign exchange rates according to Clause 4.1 lit c) above, the travel package price may be increased according to extent that the travel package has become more expensive for AMA.

 

4.4. AMA shall be under an obligation to, upon the client’s/traveller’s request, grant a reduction in relation to the travel package price, if, after conclusion of the travel package contract and prior to the provision of the corresponding travel services commencing, any changes of rates, fees or exchange rates as mentioned in Clauses 4.1 lit a), b) and c) above have occurred as a result of which AMA’s costs have decreased. If the client/traveller has paid more than the amount accordingly owed, AMA shall refund the difference amount to the client. AMA shall however be entitled to subtract from such difference amount the administrative expenses actually incurred by AMA in the process. In this regard, AMA shall be under an obligation to, upon the client’s/traveller’s request, provide evidence proving the administrative expenses it has incurred.

 

4.5. Any increases of the travel package price shall only be admissible if received by the client not less 20 days prior to performance of the travel package services.

 

4.6. In the event of any travel package price increase exceeding 8%, the client shall be entitled to, within the period adequately defined by AMA when informing the client about such increase, either accept the amended price or cancel the travel package without incurring any cancellation fees. If the client fails to cancel the travel package contract within the period defined by AMA the increased travel package price shall be deemed to have been accepted by the client.

 

5. Client Cancellations prior to Commencement of Provision of Travel Services / Cancellation Fees

 

5.1. The client shall be entitled to cancel the contractual travel services at any time prior to commencement of their provision by AMA. Cancellations are to be notified to AMA to the address provided above/below or to the travel agent who on behalf of AMA has concluded the travel package contract with the client. For evidence purposes, the client is recommended to provide cancellation notices in written text.

 

5.2. In the event of a client cancelling the booked travel package prior to commencement of their provision by AMA or if the client fails to utilize the travel services (no show), AMA shall have no right to claim payment of the contractually agreed travel price. Instead, AMA shall be entitled to claim payment of adequate compensation in consideration of preparations made and costs incurred by AMA at the time of the cancellation being notified to it. Such adequate compensation shall be calculated on the basis of the contractually agreed travel service price. The aforementioned shall however not apply if the client’s cancellation is caused by reasons falling into the scope of AMA’s responsibility or if the cancellation was caused by the occurrence of unavoidable, extraordinary circumstances at or in direct proximity to the client’s destination which would materially impair the provision of travel services at or the carriage of passengers to the client’s destination. Circumstances shall be deemed unavoidable and extraordinary, if they cannot be controlled by AMA and if their consequences remain unavoidable despite AMA having taken all reasonable measures to avoid them.

 

5.3. The below mentioned standard compensation charges have been calculated by way of AMA duly taking into account any and all costs which usually remain unexpended as well as any and all proceeds usually generated by way of selling unutilized travel services to other clients or making use of same otherwise. The standard compensation charges are applied as follows, depending on the date on which AMA receives notice of the client’s cancellation:

 

a) Hiking tours within the alpine region, day programmes and travel arrangements not specified in lit. b) or c) below (Scale A)

 

 until the 46th day prior to commencement of the booked travel service arrangement – 20%

 as of the 45th day prior to commencement of the booked travel service arrangement –50%

 as of the 15th day prior to commencement of the booked travel service arrangement –60%

 as of the 6th day prior to commencement of the booked travel service arrangement–[•]%

 as of the 2nd day prior to and up to the day of commencement of the booked travel service arrangement or in case of no-show –95% of the contractual travel price.

 

b) Trekking Tours (Scale B)

 until the 46th day prior to commencement of the booked travel service arrangement – 20%

 as of the 45th day prior to commencement of the booked travel service arrangement –30%

 as of the 29th day prior to commencement of the booked travel service arrangement –40%

 as of the 15th day prior to commencement of the booked travel service arrangement–50%

 as of the 6th day prior to commencement of the booked travel service arrangement–70%

 as of the 2nd day prior to and up to the day of commencement of the booked travel service arrangement or in case of no-show –95% of the contractual travel price.

 

c) Expedition Tours (Scale C)

 until the 61st day prior to commencement of the booked travel service arrangement – 20%

 as of the 60th day prior to commencement of the booked travel service arrangement –35%

 as of the 15th day prior to commencement of the booked travel service arrangement –50%

 as of the 6th day prior to commencement of the booked travel service arrangement–70%

 as of the 2nd day prior to and up to the day of commencement of the booked travel service arrangement or in case of no-show –95% of the contractual travel price.

 

5.4. In any event, the client shall retain the right to positively prove that AMA has incurred no damages or damages which are substantially lower than the standard charge claimed in accordance with the above mentioned standard compensation charges.

 

5.5. AMA reserves the right to claim a higher concretely calculated compensation amount, provided AMA proves that it has incurred substantially higher expenses than the respectively applicable standard charge. In such event, AMA shall be obliged to concretely specify and substantiate the accordingly claimed higher compensation amount, by way of duly taking into consideration any unexpended costs as well as any and all proceeds generated by way of selling the unutilized travel services to another client or by way of making use of same otherwise.

 

5.6. In the event of AMA being obliged to refund the travel package price due to the client’s cancelation, it shall do so without undue delay, at least within a maximum period 14 days following the date on which AMA received notification about the cancellation.

 

5.7. The client's legal right pursuant to Section 651 e BGB (German Civil Code), to, on a pre-servable medium, demand that instead of the client a third person is to enter into the travel package contract, remains unaffected by the above provisions.

 

5.8. The client is urgently advised to take out insurance covering cancellation costs as well as insurance covering expenses for repatriation in the event of any accident or sickness occurring while travelling. Insurance policy related details can be found online at www.amical.de and will in addition be provided together with your booking confirmation. AMA recommends totake out extended travel insurance coverage.

 

5.9. minor costs.

 

6. Unused Travel Services

 

In the event that, for reasons that fall into the traveller’s scope of responsibility and, in relation to which the traveller holds no statutory right to cancel the travel package contract free of charge, the traveller fails to utilise individual travel services despite having been duly offered the provision of same (e.g. due to early return or for other compelling reasons), the traveller shall not be entitled to a pro-rata refund of the contractually agreed travel package price. AMA shall apply reasonable endeavours to obtain refunds of any accordingly unexpended costs from its suppliers. Such obligation shall not apply if the respectively unused services are absolutely insignificant.

 

7. Cancellation due to Falling Short of Minimum Number of Booked Participants

 

7.1. AMA shall be entitled to cancel the travel package contract due to failing to generate a minimum amount of participant bookings in accordance with the following rules: a) The minimum number of participants and the latest time at which a booking may be cancelled by AMA has been accordingly mentioned within the information provided by AMA prior to concluding the travel package contract. b) The minimum number of participants and the latest time at which a booking may be cancelled by AMA must be mentioned also in AMA’s booking confirmation or the booking confirmation. c) AMA shall be obliged to without undue delay, notify travel clients of any cancellations becoming necessary once it has been ascertained that the travel package contract will not be performed due to not reaching the minimum number of bookings. d) Any such cancellation by AMA that is notified later than 30 days prior to commencement of the affected travel package contract shall not be allowed. This shall not apply if within the travel package advertisement and respective booking confirmation, AMA has communicated a shorter cancellation period and, correspondingly, also a shorter period for the residual balance payment becoming due and if, consequently, the client has been requested to place the residual balance payment only at a time when AMA is no longer entitled to cancel the travel contract for the reasons specified within this Section.

 

7.2. If no travel service under the travel package contract is performed for aforementioned reasons, the client shall be fully refunded any and all payments previously paid to AMA without undue delay. Clause 5.6 above applies accordingly.

 

8. Termination on Grounds of Conduct

 

8.1. AMA shall be entitled to cancel the travel package contract with immediate effect if, despite AMA’s explicit warning, the traveller continues to interrupt the provision of travel services or if the traveller violates the contract to an extent, sufficiently substantial to justify AMA’s summary cancellation of the contract. This shall not apply if the traveller’s violation of the contract was caused due AMA’s failure to duly fulfil its information duties prior to concluding the travel package contract.

 

8.2. If AMA cancels the contract for the above reasons it shall remain entitled to demand full payment of the travel package price. However, any unexpended costs as well as any and all proceeds generated by selling unutilised travel services to other travel clients or any refunds received from travel suppliers in this respect are to be deducted from AMA’s respective claims.

 

9. Client Obligations

 

9.1. Travel Documents Clients shall be obliged to notify AMA or the travel agent who has concluded the travel package contract with the client on AMA’s behalf, if it has not duly received the travel documents within the time specified by AMA.

 

9.2. Deficiencies/Remedy a) If the travel services performed under the travel package contract are in any way deficient, the traveller is entitled to demand remedy. b) If and to the extent that, due to the traveller’s failure to duly report a service deficiency, AMA has been unable to remedy same, the traveller shall neither be entitled to refund in accordance with Section 651m BGB (German Civil Code) nor to compensation of damages in accordance with Section 651nBGB (German Civil Code) in this regard. c) Clients shall be obliged to, without undue delay, report to AMA’s authorised representatives onsite the occurrence of any travel service deficiencies and demand remedy of same. If there are no representatives of AMA present onsite and AMA, according to the travel package contract, is not obliged to have such a representative present onsite, any travel service deficiencies are to be reported to the contact as communicated by AMA; travellers will be informed about the availabilities of AMA’s onsite representatives or contacts within AMA’s travel booking confirmation. The traveller, may at his/her discretion, also choose to report any deficiencies to the travel agent which has concluded the travel package contract on AMA’s behalf. d) AMA’s representative is assigned with remedying any occurring service deficiencies, it is, however, neither authorized to confirm deficiencies nor to acknowledge any claims asserted against AMA.

 

9.3. Deadline prior to Cancellation If the client/traveller pursuant to Section 651l BGB (German Civil Code) intends to cancel the travel package contract due to a service deficiency as defined in Section 651i Subsection (2) BGB (German Civil Code) that is substantial, the client/traveller shall be required to first define an adequate deadline within which AMA is to remedy the reported deficiency. This shall not apply if AMA has previously refused to take adequate remedial measures in this concern or if it is necessary that immediate remedial measures are taken.

 

9.4. Damage and Loss of Baggage during Flights; Special Rules and Deadlines for Remedy Demands a) The traveller is advised herewith that, in accordance with the relevant air traffic regulations, any loss or damage to or late delivery of baggage in connection with the performance of flights is to be reported without undue delay onsite to the performing airline carrier by way of a property irregularity report (P.I.R.). According to international agreements, airlines and travel package tour operators are entitled to refuse any compensation of damages suffered if the traveller has failed to duly complete the P.I.R. In the case of any baggage damages, the P.I.R. is to be submitted within 7 days in the case of any baggage delivery delay within 21 days after delivery. b) In addition, any loss, damage or misdirection of travel baggage is to be reported to AMA, its representatives or contacts or to the travel agent who has concluded the travel package contract on AMA’s behalf without undue delay. Despite such report, the traveller remains obliged, to submit the P.I.R. within the periods specified in lit a) above.

 

10. Special provisions with regard to alpine dangers and challenges; Cancellation right due to weather conditions

 

10.1. Ascents to mountains will be guided and supervised by state examined mountain and skiing guides or similarly highly qualified guide staff. Nonetheless travel arrangements of this kind require a high degree of responsibility by the client. In this regard the client is specifically referred to the “Important Notices for Travel Arrangements Involving Specific Risks”.

 

10.2. Within the scope of AMA's statutory duties of applying due care and maintaining safety, state examined mountain and skiing guides or similarly qualified tour guide staff members are entitled to, at their sole discretion, adequately adapt or amend planned travel services in accordance with the participating clients’ physical fitness and technical skills, or due to unforeseen circumstances.

 

10.3. Aforementioned unforeseen circumstances within the scope of alpine dangers may include - without limitation - avalanches, extreme weather conditions or discontinuing tours and returning due to injury of a participant.

 

10.4. All travel offers have been duly examined by AMA in relation to their general feasibility thereby taking into account general weather and climate conditions within the relevant destination region. Nonetheless, it remains possible that individual tour dates need to be cancelled or require to be rescheduled due to specific weather conditions. For this reason, it is agreed between AMA’s mountaineering school and clients that AMA shall be entitled to cancel travel arrangements involving overnight stays until 14 days prior to the date of commencement of services and day trips on the day before the day trip commences due to inadequate wind- or weather conditions, unsuitable snow conditions, any danger of avalanches or similar unavoidable external circumstances which are beyond AMA’s control. AMA shall refrain from cancelling travel arrangements and trips in bad faith. Payments previously received from clients will be duly refunded to same. Given that the mentioned circumstances are beyond AMA’s control AMA shall not be held liable for any expenses unnecessarily incurred by clients as a result such as e.g. costs for hotel accommodation or air transport services or similar damages. To this end, the client is recommended to, with respect to booking his/her own travel services, select tariffs which shall allow for free of charge or inexpensive cancellations. The client’s right to cancel travel services due to force majeur shall remain unprejudiced.

 

11. Limitation of Liability

 

11.1. AMA’s contractual liability for damages which have neither resulted in fatal injury, bodily harm nor damages to a person’s health and which have not arisen due to any negligence or wilful conduct on the part of AMA and its suppliers and vicarious agents, shall be limited to an amount equalling triple the travel package price. Any claims based on the Montreal Treaty or the Luftverkehrsgesetz (German Air Traffic Code) shall remain unaffected.

 

11.2. AMA shall be held liable neither for any service disruptions, nor for any personal injury nor for any damages to property which arise in connection with third party services which AMA has sold acting as a mere agent (e.g. excursions, sports events, theatre tickets, exhibitions, transportation services from and to the specified places of departure and destination), if AMA, within its advertised publications and its travel booking confirmation has clearly indicated such services as third party services in a sufficiently distinct manner, thereby expressively stating the identity and address of the corresponding third party contract partner which AMA has acted as an agent for, so that it is apparent to the client that such services are not part of the travel package contract concluded with AMA. Sections 651b, 651c, 651w and 651y BGB (German Civil Code) remain unaffected in this regard. AMA, shall, however, be liable if and to the extent that the damage incurred to the client/traveller has arisen as a consequence of a breach of AMA's obligations to inform, advise, and organize.

 

12. Assertion of Claims and Addressee

 

12.1. Any claims asserted by the client under Section 651i subsection (3) no. 2, 4-7 BGB (German Civil Code) must be addressed to AMA. Alternatively, they can also be addressed to the travel agent who has concluded the travel package contract on behalf of AMA. It is recommended to assert claims in written text.

 

13. Information Duties in relation to Airline Carrier’s Identity

 

13.1. In accordance with the EU-Regulation for the Information of Commercial Flight Passengers about the Performing Airline Carrier’s Identity, AMA shall inform clients prior to or latest at the time of the relevant booking about the identity of each airline carrier performing services within the scope of the booked travel package. 13.2. If, at the time of booking, the identity of any performing airline carrier is not yet certain, AMA shall be under an obligation to identify the airline carrier(s) which at that time is/are probably expected to provide the flight service(s). As soon as it has been ascertained which airline carrier will perform the flight service, AMA will inform the client accordingly. 13.3. In the event of any changes as regards the performing airline carrier, AMA will inform the client accordingly without undue delay and as swiftly as possible with reasonably adequate means. 13.4. The so called “Black List” which, according to the EU Regulation lists all airline carriers which are banned from entering the air space of EU member states, is displayed on AMA’s websites and AMA’s business offices or can be accessed directly online at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm.

 

14. Pass-, Visa- und Gesundheitsvorschriften - Health - Regulations

 

14.1. Prior to concluding the travel package contract, AMA shall inform clients/travellers about general passport or visa requirements as well as about any official health regulations to be observed at the country of destination, including the time usually expected in order to obtain respectively relevant visa documents as well as about any statutory changes in this regard.

 

14.2. The client shall be solely responsible for obtaining and holding the officially necessary travel documents, for having all necessary vaccinations performed on him and fellow travellers as well as for acting compliantly with any relevant customs and foreign exchange control regulations. Any disadvantages arising as a result of the client’s failure to comply in this regard, such as e.g. any cancellation fees, shall be borne by the client. This shall not apply if AMA has either failed to inform the client at all or if it has informed the client insufficiently or incorrectly in any way.

 

14.3. If AMA is assigned by the client with obtaining necessary visa documents, AMA shall not be liable for the timely granting of same by the relevant embassy or consulate nor for their due receipt by the client, unless AMA is in breach of any of its contractual duties in this regard.

 

15. Alternative Settlement of Disputes; Choice of Law and Place of Jurisdiction

 

15.1. With respect to the newly introduced legislation regulating the settlement of consumer disputes (Gesetz über Verbraucherstreitbeilegung), AMA points out that it currently does not participate in any such voluntary settlement programme. In the event that the participation in such a programme became obligatory in the further course after printing and publishing these terms and conditions, AMA will duly inform its clients accordingly. In relation to all contractual relationships concluded electronically, AMA makes reference herewith to the European dispute settlement platform http://ec.europa.eu/consumers/odr

 

15.2. For clients who are not nationals of a member state of the European Union or Swiss nationals, it is agreed that the entire legal and contractual relationship between the client and AMA shall be exclusively governed by German law. Legal suits filed by clients shall be exclusively brought before the competent court jurisdiction at the place where AMA has its registered seat.

 

15.3. Law suits brought by AMA against a client shall be brought before the court of competent jurisdiction at the client‘s residence. In relation to law suits against clients who are merchants in accordance with the German Commercial Code (HGB) or legal persons of civil or public law whose residence or registered business seat or whose usual place of stay is either abroad in a foreign country or unknown at the time when the law suit is brought, the parties agree that such law suits shall be brought before the court of competent jurisdiction at AMA’s registered seat. 

 

© Copyright protected; Noll & Hütten Rechtsanwälte, Stuttgart | München, 2018

 

Tour Operator: AMICAL alpin GmbH & Co. KG

Steuer-ID-Nr.: DE 279 193 164

Walserstr. 5

87561 Oberstdorf

Tel. 0049-(0)8322-9874788

Fax 0049-(0)8322-9874787

info@amical-alpin.com | www.amical-alpin.com

 

 


 

General Travel Terms & Conditions of AMICAL alpin GmbH & Co. KG
for the conclusion of travel contracts up to including 30 June 2018. 

 

Dear clients,

These Terms and Conditions, (if and to the extent same have been validly agreed upon), become part of and shall govern the contractual relationship concluded up to  including 30 June 2018 between you, the travel client, and AMICAL alpin GmbH & Co. KG (hereinafter referred to as "AMA"). They complement the legal provisions of Section 651a–m of the BGB (Bürgerliches Gesetzbuch – German Civil Code) and the statutory information obligations applying to tour operators according to Sections 4–11 of the BGB-InfoV (Regulation on the Requirement to Provide Information and Supporting Documents under the German Civil Code). Please read these Terms and Conditions carefully before placing your booking! 

 

1.     Conclusion of Contractual Relationship / Clients’ Obligations

1.1. The following applies to all types of bookings:

a) The offer of AMA and the client's booking shall be based on the description of the travel package offered, the important information noted as well as the supplementary information as provided and available to the client at the time of his/her booking.

b) Travel agents and entities where client bookings can be placed are neither authorized to conclude contracts, nor to provide any information or any kind of warranties which would amend the contractually agreed contents of the travel package or which would go beyond or contradict the specifications as provided in the advertised travel package description.

c) Information contained in hotel directories and similar listings which have not been issued by AMA shall have no binding effect for AMA and its contractual service obligations, unless such information has been made part of AMA's service obligations by way of express agreement between AMA and the client.to this effect.

d) If the booking confirmation communicated by AMA differs in any way from the booking placed by the client, such confirmation shall constitute a a new offer by AMA. The contractual relationship shall be concluded on the basis of this new offer provided the client accepts same, be it by way of expressly agreeing to same or tacitly, by way of the client effecting any advance and/or residual payments in relation to such new offer, or by way of the client utilizing the respectively relevant travel services.

e) If the client places a booking not only for itself but also on behalf of fellow travelers, the client shall be liable for the contractual obligations of such fellow travelers in the same way as for his/her own contractual obligations, provided he/she has expressly undertaken to assume such fellow travelers’ obligations by way of a separate declaration to this effect.

1.2. The following applies to bookings made orally, in writing, telephonically, by e-mail or by fax:

a) By way of placing his/her booking the client - in a contractually binding manner - furnishes an offer to AMA to enter into a contractual relationship for the provision of the relevant travel service arrangement. The client shall be bound by such offer for a period of three working days.

b) The contractual relationship is concluded upon receipt by the client of AMA’s acceptance given by way of a booking confirmation in writing (email sufficient).

1.3. In relation to bookings which are generated without prior individual communication between the contracting parties, i.e. by way of an online booking process (conclusion of a contractual relationship within an e-commerce context) the following shall apply:

a) The client is instructed about the relevant online booking procedure on AMA’s website.

b) In order to correct, delete or reset the entire online booking form respectively relevant functions shall be available to the client which the client shall be informed and instructed about online.

c) The languages in which an online booking can be placed (contractual languages) are mentioned. Solely the German language shall be legally relevant.

d) If and to the extent that any of the contract’s contents are electronically saved the client shall be accordingly informed and instructed as to how such saved contents can be retrieved from the system at a later stage.

e) By activating the button "zahlungspflichtig buchen“ (“binding booking resulting in a payment duty”) the client furnishes to AMA an offer to conclude a contractual relationship regarding the provision of travel services which the client shall be bound to for a period of three working days as of the time at which the client’s respective offer is electronically triggered in accordance with the aforementioned process.

f) The client will thereupon automatically receive an electronic booking confirmation.

g) Transmitting an offer by way of activating the button “zahlungspflichtig buchen” shall not entitle the client to any rights regarding the conclusion of a contractual relationship on the basis of the booking made. AMA remains free to decide whether to accept the client’s respective offer or not.

h) The contractual relationship shall be concluded upon the client receiving the respective booking confirmation.

i) In cases where an electronic booking confirmation is triggered by and becomes visible on the screen immediately upon the client’s booking by way of the client activating the button „zahlungspflichtig buchen“ (real time booking), a contractual relationship is concluded upon the client receiving such booking confirmation, i.e. upon same appearing on the screen. In such cases, the client may opt whether to electronically save or print such booking confirmation. Either way, a binding contractual relationship shall have been concluded, irrespective of whether the client opts to save or print the booking confirmation or decides to do neither. In normal cases the client will be sent a copy of the booking confirmation by email or email attachment, by postal mail or fax. In this respect a contractual relationship relating to the provision of accommodation services will be concluded in any case, irrespective of whether such additional booking confirmation has been duly received by the client or not.

1.4. AMA advises the client herewith that, according to the provisions of law (Section 312 g Subsec. 2 Sentence 1 No. 9 BGB), there exists no right of revocation in relation to travel package contracts which have been concluded remotely (i.e. by way of letter, brochure, telephone, telefax, E-Mail, by mobile text message, as well as broadcast and television services). The client’s statutory rights to cancellation especially his cancellation rights according to Section 651 I of the German Civil Code (BGB) (see also Section 7 below) shall remain unaffected. The client shall however be entitled to revocation in all other cases where the travel service contract has been concluded outside of business premises, unless the oral negotiations on the basis of which such travel service contract was concluded had been conducted following the client’s respective request. In such latter case the client shall have no right of revocation.

2.     Payment

2.1. Following conclusion of the contract and due delivery of the Bankruptcy Insurance Certificate (Sicherungsschein) by AMA to the client in accordance with Section 651 k BGB, an advance payment amounting to 20 % of the travel service price shall become due for payment by the client to AMA. Prepayment instalments shall not exceed the following maximum amounts:  Alpine tours: € 100,-, trekking tours € 400,-, expeditions € 600,-. Payment of the residual balance amount shall – with the exception of day trips or unless specified  otherwise within the bookings confirmation - become due for payment 30 days prior to commencement of travel services, provided the bankruptcy insurance certificate has been duly delivered and the travel service can no longer be cancelled for the reason mentioned under clause 8. The payment for day trips shall become due for payment on the day when the day trip is scheduled prior to commencement of the programme.

2.2. If the booked travel package services are to be provided within less than 24 hours and do not include overnight accommodation and the travel price per client is less than € 75,- the entire travel price shall be immediately payable without delivery of a bankruptcy insurance certificate becoming necessary.

2.3. If the client fails to pay the advance payment and/or the residual balance in accordance with the agreed payment terms, despite AMA being  ready and able to duly perform the contractual travel services, and provided moreover, the client does not hold any legal or contractual right to retain such payments client, AMA will submit to the client a reminder notice defining a period within which the client is to effect such overdue payments and announcing that, in the event of the client continuing to fail effecting such payments, AMA will rescind the travel contract and charge to the client cancellation fees in accordance with the provisions of clause 5 below.

 

3.     Amendment of Contractual Services

3.1. Any amendments becoming necessary in relation to essential travel services contractually agreed between the parties following conclusion of the respectively underlying contractual relationship shall only be allowed if such amendments are not substantial to and do not impair the overall nature of the contractually agreed travel service arrangement. The aforementioned shall not apply if such amendments become necessary due to AMA having acted in breach of good faith. 

3.2. Any and all warranty claims remain unaffected as far as the amended travel services are deficient in any way or have not been duly fulfilled.

3.3. AMA shall be obliged to inform the client about any essential amendments relating to travel services without undue delay upon AMA receiving knowledge of the reasons which make such amendment necessary.

3.4. In the event of any substantial amendments becoming necessary in relation to essential travel services, the client shall be entitled to cancel the travel package without incurring any cancellation fees as a consequence or to demand provision of an alternative travel package of at least same value at the original price, if AMA is able to offer such an alternative without charging additional amounts.

 

4.     Price Increases

4.1. AMA reserves the right to, in accordance with the provisions hereunder, amend the contractual price for travel packages in the event of any increase of costs of carriage or any increase of charges such as airport or port fees or in case of any increase of the foreign exchange rate in relation to the currency applicable with regards to the accordingly affected travel package booking:

4.2. Any increase of the travel price shall only be admissible if there has been a period of more than 4 months between concluding the contractual relationship and commencement of the first travel service and if the circumstances leading to such increase were neither known at the time of conclusion nor foreseeable.

4.3. If upon the time of conclusion of a contractual relationship the costs of transport, especially the fuel prices have increased, AMA may increase the travel service price in accordance with the following provisions:

a) In case of a per seat related increase AMA may charge the respectively resulting difference amount to the client.

b) In all other cases the increase charged by the transport supplier per transport vehicle or airplane may be calculated and charged pro rata, i.e. on the basis of dividing the total increase amount by the number of seats booked by AMA. The accordingly calculated increase amount per seat may be charged to each respective client. 

4.4. In case of any increases of port or airport fees being charged to AMA, the price charged to the client may be increased accordingly on a pro rata basis per client.

4.5. In the event of any cost increases due to exchange rate changes following conclusion of a contractual relationship, the price payable for the travel package may be increased by the amount of additional costs expended by AMA in consideration of the affected travel service. 

4.6. In the event of any amendment of the travel package price becoming necessary after conclusion of the travel contract, AMA shall be obliged to inform the client without undue delay upon AMA learning of such increase. Any price increases shall only be admissible if communicated not less than 21 days prior to commencement of the affected travel services. In the event of an increase exceeding 5% of the total travel service price the client shall be entitled to cancel the travel package without without incurring any cancellation fees as a consequence or to demand provision of an alternative travel package of at least same value at the original price, if AMA is able to offer such an alternative without charging additional amounts.

5.     Client Cancellations prior to Commencement of Provision of Travel Services; Cancellation Fees

5.1. The client shall be entitled to cancel the contractual travel services at any time prior to commencement of their provision by AMA. Cancellations are to be notified to AMA to the address provided above/below. For evidence purposes, the client is recommended to provide cancellation notices in writing (email sufficient).

5.2. In the event of a client cancelling the booked travel service arrangement prior to commencement of their provision by AMA or if the client fails to utilize the travel services (no show), AMA shall have no right to claim payment of the contractually agreed travel price. Instead, AMA shall be entitled to claim payment of adequate compensation in consideration of preparations made and costs incurred by AMA at the time of the cancellation being notified to it. Such adequate compensation shall be calculated on the basis of the contractually agreed travel service price. The aforementioned shall however not apply if the cancellation was caused by reasons falling into the scope of AMA’s responsibility or if the cancellation was caused by the occurrence of any unforeseeable events or of any event of Force Majeure.

5.3. The below mentioned standard compensation charges have been calculated by way of AMA duly taking into account any and all costs which usually remain unexpended as well as any and all proceeds usually generated by way of selling unutilized travel services to other clients or making use of same otherwise. The standard compensation charges are applied as follows, depending on the date on which AMA receives notice of the client’s cancellation:

 

 

a) Hiking tours within the alpine region, day programmes and travel arrangements not specified in lit. b) or c) below (Scale A)

 

nuntil the 46th day prior to commencement of the booked travel service arrangement – 20%

nas of the 45th day prior to commencement of the booked travel service arrangement –50%

nas of the 15th day prior to commencement of the booked travel service arrangement –60%

nas of the 6th day prior to commencement of the booked travel service arrangement–[•]%

nas of the 2nd day prior to and up to the day of commencement of the booked travel service arrangement or in case of no-show –95% of the contractual travel price.

 

b) Trekking Tours (Scale B)

nuntil the 46th day prior to commencement of the booked travel service arrangement – 20%

nas of the 45th day prior to commencement of the booked travel service arrangement –30%

nas of the 29th day prior to commencement of the booked travel service arrangement –40%

nas of the 15th day prior to commencement of the booked travel service arrangement–50%

nas of the 6th day prior to commencement of the booked travel service arrangement–70%

nas of the 2nd day prior to and up to the day of commencement of the booked travel service arrangement or in case of no-show –95% of the contractual travel price.

 

c) Expedition Tours (Scale C)

nuntil the 61st day prior to commencement of the booked travel service arrangement – 20%

nas of the 60th day prior to commencement of the booked travel service arrangement –35%

nas of the 15th day prior to commencement of the booked travel service arrangement –50%

nas of the 6th day prior to commencement of the booked travel service arrangement–70%

nas of the 2nd day prior to and up to the day of commencement of the booked travel service arrangement or in case of no-show –95% of the contractual travel price.

 

5.4. In any event, the client shall retain the right to positively prove that AMA has incurred no damages or damages which are substantially lower than the standard charge claimed in accordance with the above mentioned standard compensation charges.

5.5. AMA reserves the right to claim a higher concretely calculated compensation amount, provided AMA proves that it has incurred substantially higher expenses than the respectively applicable standard charge. In such event, AMA shall be obliged to concretely specify and substantiate the accordingly claimed higher compensation amount, by way of duly taking into consideration any unexpended costs as well as any and all proceeds generated by way of selling the unutilized travel services to another client or by way of making use of same otherwise.

5.6. The client's legal right pursuant to Section 651 b of the German Civil Code (BGB) to appoint a suitable substitute participant remains unaffected by the above provisions.

5.7. The client is urgently advised to take out insurance covering cancellation costs as well as insurance covering expenses for repatriation in the event of any accident or sickness occurring while travelling. Insurance policy related details can be found online at www.amical.de and will in addition be provided together with your booking confirmation. AMA recommends totake out extended travel insurance coverage.

 

6.         Unused Travel Services

In the event that the client, for reasons that fall into the client’s scope of responsibility, does not utilize individual travel services despite having been duly offered the provision of same (e.g. due to early return or for other compelling reasons), the client shall not be entitled to a pro-rata refund of the contractually agreed travel price. AMA shall apply reasonable endeavours to obtain refunds of any accordingly unexpended costs from its suppliers. Such obligation shall not apply if the respectively unused services are absolutely insignificant or if n a refund in relation to same may constitute a potential conflict with any statutory or official regulations.

 

 

7.     Cancellation due to Falling Short of Minimum Number of Booked Participants

7.1. AMA shall be entitled to cancel a travel service arrangement due to failing to generate a minimum amount of participant bookings in accordance with the following rules:

a)  The minimum number of participants and the latest time at which a booking may be cancelled by AMA due to not reaching such minimum must be mentioned, either specifically within the advertisement pertaining to the booked travel service arrangement or generally in AMA’s general service descriptions.

b) The minimum number of participants and the latest time at which a booking may be cancelled by AMA due to not reaching such minimum must be mentioned also in AMA’s booking confirmation or the booking confirmation must make reference to the respectively relevant general information as provided in AMA’s brochure or advertisement.

c) AMA shall be obliged to without undue delay, notify travel clients of any cancellations becoming necessary once it has been ascertained that the travel service arrangement shall not be performed due to not reaching the minimum number of bookings.

d) Any such cancellation by AMA that is notified later than 30 days prior to commencement of the affected travel service arrangement shall not be allowed. This shall not apply if, within the travel package advertisement and respective booking confirmation, AMA has communicated a shorter cancellation period and, correspondingly, also a shorter period for the residual balance payment becoming due and if, consequently, the client has been requested to place the residual balance payment only at a time when AMA is no longer entitled to cancel the travel contract for the reasons specified within this Section.

7.2. In the event of any such cancellation the client shall be entitled to demand provision of an alternative travel package of at least same value at the original price, if AMA is able to offer such an alternative without charging additional amounts. The client shall be obliged to notify AMA accordingly without undue delay upon receiving AMA’s cancellation notice.

7.3. If no travel service arrangement is performed for aforementioned reasons the client shall be fully refunded any and all payments previously paid to AMA.

8.     Termination on Grounds of Conduct

8.1. AMA shall be entitled to cancel the contract without giving prior notice if, despite AMA’s explicit warning, the client continues to interrupt the provision of travel services or if the client violates the contract to an extent sufficiently substantial to justify AMA’s summary cancellation of the contract.

8.2. If AMA cancels the contract for the above reasons it reserves the right to demand full payment of the travel service price. However, any unexpended costs as well as any and all advantages arising from selling unutilized travel services to other clients or any refunds received from travel suppliers in this respect are to be deducted from AMA’s respective claims.  

 

9.     Client Obligations

9.1. The client’s obligation to notify service deficiencies in accordance with § 651 d Subsec. 2 of the German Civil Code (BGB) is specified as follows in relation to travel services rendered by AMA:

a) The client is obliged to, without undue delay, notify the local AMA representative of any deficiencies and demand that adequate remedial measures are taken.

b) The client shall be duly notified by AMA as to the name, availability and contact details of AMA’s local representative at the latest upon AMA providing    the travel documents to the client.

c)  If under the terms of contract there is no requirement for a local representative or locally responsible travel manager the client shall be obliged to communicate any complaints directly to AMA at the below-mentioned address.

d) In cases where a client has failed to communicate a deficiency in relation to any of AMA’s travel services, respectively resulting claims of the client shall not expire only if the client was prevented from notifying AMA accordingly for reasons which are beyond the client’s scope of responsibility.

9.2. Locally responsible travel managers, agencies as well as any representatives or staff members of AMA’s local suppliers are neither allowed nor authorized by AMA to confirm deficiencies or acknowledge any claims asserted against AMA.

9.3. If the travel service arrangement is substantially impaired as a result of a service deficiency, the client shall be entitled to cancel the contract. The same shall apply if, for material and apparent reasons, the client cannot reasonably be expected to continue utilizing AMA’s travel services.  Such cancellations shall however   only be admissible if AMA or its local representatives and agents (provided it has been contractually agreed that these are the client’s local contact persons) have failed to meet a deadline reasonably defined by the client without having taken adequately efficient remedial measures in relation to the client’s complaint. The client shall not be required to define a reasonable deadline if remedial measures are either impossible or if AMA or its authorized representatives and/or agents have refused to take adequate remedial measures in relation to the client’s complaint or if due to the client’s legitimate special interest the immediate cancellation of the travel service contract by the client can be justified. 

9.4. In the event of luggage loss or delay of luggage delivery in connection with the provision of air transport services, the client shall be obliged to report any such damage or delay   to the respectively responsible airline company without undue delay. This is done by completing the Passenger Irregularity Report of the respectively responsible airline at the airport where the loss or delivery delay has occurred. Airline companies may refuse the payment of any claims for reimbursement if the client has failed to complete and file the airline’s the Passenger Irregularity Report. In case of luggage damage, the Passenger Irregularity Report is to be submitted within seven days of the incident. In case of delayed luggage delivery, the report is to be submitted within 21 days of the luggage having been delivered to the client. Moreover, the loss of, damage to, or misrouting of luggage must be reported to AMA or its locally designated representative.

9.5. The client must inform AMA in the event that the client should not receive the required travel documents (e.g. tickets, hotel vouchers) within the period notified by AMA or in case the documents received by the client should be incomplete.

 

10.   Special provisions with regard to alpine dangers and challenges; Cancellation right due to weather conditions

10.1. Ascents to mountains will be guided and supervised by state examined mountain and skiing guides or similarly highly qualified guide staff. Nonetheless travel arrangements of this kind require a high degree of responsibility by the client. In this regard the client is specifically referred to the “Important Notices for Travel Arrangements Involving Specific Risks”.

10.2. Within the scope of AMA's statutory duties of applying due care and maintaining safety, state examined mountain and skiing guides or similarly qualified tour guide staff members are entitled to, at their sole discretion, adequately adapt or amend planned travel services in accordance with the participating clients’ physical fitness and technical skills, or due to unforeseen circumstances.

10.3. Aforementioned unforeseen circumstances within the scope of alpine dangers may include - without limitation - avalanches, extreme weather conditions or discontinuing tours and returning due to injury of a participant.

10.4. All travel offers have been duly examined by AMA in relation to their general feasibility thereby taking into account general weather and climate conditions within the relevant destination region. Nonetheless, it remains possible that individual tour dates need to be cancelled or require to be rescheduled due to specific weather conditions. For this reason, it is agreed between AMA’s mountaineering school and clients that AMA shall be entitled to cancel travel arrangements involving overnight stays until 14 days prior to the date of commencement of services and day trips on the day before the day trip commences due to inadequate wind- or weather conditions, unsuitable snow conditions, any danger of avalanches or similar unavoidable external circumstances which are beyond AMA’s control. AMA shall refrain from cancelling travel arrangements and trips in bad faith. Payments previously received from clients will be duly refunded to same. Given that the mentioned circumstances are beyond AMA’s control AMA shall not be held liable for any expenses unnecessarily incurred by clients as a result such as e.g. costs for hotel accommodation or air transport services or similar damages. To this end, the client is recommended to, with respect to booking his/her own travel services, select tariffs which shall allow for free of charge or inexpensive cancellations. The client’s right to cancel travel services due to force majeur shall remain unprejudiced.  

 

11.   Limitation of Liability

11.1. AMA’s contractual liability for damage not resulting in fatal injury, bodily harm, or damages to a person’s health is limited to an amount equalling triple the travel price provided however,

a) the damage suffered by the client was not caused wilfully or through gross negligence, or

b) AMA is responsible for a damage incurred by the client solely due to negligence committed by one of AMA’s service providers.

11.2. AMA shall not be held liable for service disruptions, personal injury, and damages to property which arise in connection  with services provided by third parties which have merely been brokered by AMA by way of  AMA acting as  a brokering agent (e.g. excursions, sports events, theatre tickets, exhibitions, transportation services from and to the specified places of departure and destination), provided that said third-party services are expressly identified as such in AMA’s advertised publications and in AMA’s booking confirmation in a manner sufficiently  distinct, so that it becomes apparent to the client that such services are not part of the travel services provided by AMA.  AMA, shall however, be liable for services that include the transportation of clients/travellers from the specified place of departure to the specified destination of arrival, interim transport during the provision of travel services, and accommodation services rendered during the provision of travel services and/or if and to the extent that the damage incurred to the client/traveller has arisen as a consequence of a breach of AMA's obligations to inform, advise, and organize. Any liability of AMA for breach of contractual duties as an agent remains unaffected by the above regulations.

12.   Assertion of Claims due to Deficiencies;  Exclusion of Claims; Alternative Settlement of Disputes;

12.1. Pursuant to Sections 651c to f of the German Civil Code, claims made on the grounds of any asserted failure to duly perform travel services in accordance with the underlying travel contract must be asserted by the client within one month after the contractually agreed end of performance of travel services. The deadline commences on the day following the day of the contractually agreed end of performance of travel services. If the last day of this period falls on a Sunday, a generally recognized public holiday at the place of declaration, or a Saturday, the next working day shall be deemed to mark the end of such preclusive period.

12.2. In order for a claim to be validly asserted within the above-stated preclusive period, claims must be filed with AMA at the address indicated below. After expiry of the mentioned preclusive period, the client may only assert claims if the client was prevented from asserting such claims earlier within the mentioned period for reasons which are beyond the client’s scope of responsibility.

12.3. The period according to Section 12.1 applies also to the notification of damage to luggage or delay in the delivery of luggage in connection with flights when warranty rights under Sections 651 c Subsection. 3, 651 d, 651 e Subsection. 3 and 4 of the German Civil Code are asserted. A claim for damages based on damage to luggage must be asserted within seven days and a claim for damages based on a delay of luggage must be asserted within 21 days from delivery of the luggage.  

12.4. With respect to the newly introduced legislation regulating the settlement of consumer disputes (Gesetz über Verbraucherstreitbeilegung) AMA advises that it currently does not participate in any such voluntary settlement programme. In the event that the participation in such a programme became obligatory in the further course after printing and publishing these terms and conditions, AMA will duly inform its clients accordingly. In relation to all contractual relationships concluded electronically, AMA makes reference herewith to the European dispute settlement platform http://ec.europa.eu/consumers/odr

13.   Statute of Limitation

13.1. Client claims which can be asserted under Sections 651 c to f of the German Civil Code (BGB) due to fatal injury, bodily harm, or damage to health or which have arisen as a consequence of a wilful or negligent breach of contractual duties committed by AMA, or any of its legal representative or its vicarious agents shall become statute-barred after two years. The same applies also to compensation claims for other damages arising as a consequence of any wilful or negligent breach of duty committed by AMA or any of its legal representatives or any of its vicarious agents.

13.2. All other claims under Section §§ 651 c – f shall become statute-barred after one year.

13.3. The limitation period according to Sections 16.1 and 16.2 commences on the day following the day of the contractually agreed end of travel service performance. If the last day of this period falls on a Sunday, a generally recognized public holiday at the place of declaration, or a Saturday, the next working day shall be taken as the end of the period.

13.4. If negotiations between the client and AMA on the claim or the circumstances giving rise to the claim are pending, the limitation period shall be suspended until the client or AMA refuses to continue any further negotiations. Limitation takes effect not earlier than three months after the end of suspension.

14.   Obligation to Inform about the Identity of the Operating Airline Company

14.1. AMA shall, in accordance with the relevant EU regulation stipulating the due information of air transport passengers as to the identity of the relevant operating airline carrier, duly notify the client as regards the identity of the airline companies performing any and all of the air transport services which are to be rendered within the framework of the booked travel services prior to or at the latest at the time of booking.

14.2. If the operating airline company/companies has/have not yet been finally defined at the time of booking, AMA is obliged to inform the client about the airline company or companies that at the time of booking are expected to probably perform the flight. As soon as AMA knows which airline company will perform the flight, it shall inform the client accordingly.

14.3. In the event that the air carrier which has been disclosed to the client as being the operating air carrier should change, AMA must inform the client of such change without delay and as quickly as reasonably possible.

14.4. The "blacklist" according to EC Regulation (airline companies subject to an operating ban within the airspace of the member states) can be found on the web pages of AMA or directly at http://air-ban.europa.eu or can be made available to the client at AMA's business premises.

15.   Passport, Visa, and Health Regulations

15.1. AMA shall duly inform all EU state citizens in which travel services are offered about passport, visa and health regulations prior to concluding contractual relationships as well as about any amendments of same prior to departure. For citizens of other states the relevant consulate of such state will be able to inform the client accordingly. All information accordingly provided by AMA is given under the assumption that the travel client and accompanying persons are not subject to special, extraordinary circumstances (such as e.g. double citizenship or statelessness).

15.2. The travel client shall be solely responsible for duly procuring and carrying all necessary travel documents when travelling, moreover for any possibly necessary vaccinations having been made and for any applicable customs and/or foreign currency regulations being complied with. Any disadvantages resulting from the client failing to observe such regulations, such as the payment of cancellation fees consequently charged by AMA shall solely be borne by the client. This shall however not apply if AMA has failed to inform the client accordingly.

15.3. AMA shall in no way bear any liability for timely issuance of visa by or receipt of same from the competent consulate or embassy, if AMA has been assigned by the travel client with applying for respectively necessary documents, unless AMA has at least negligently breached its respective obligations.

 

 

16.   Choice of Law and Place of Jurisdiction

16.1. For clients who are not nationals of a member state of the European Union or Swiss nationals, it is agreed that the entire legal and contractual relationship between the client and AMA shall be exclusively governed by German law. Legal suits filed by clients shall be exclusively brought before the competent court jurisdiction at the place where AMA has its registered seat.

16.2. Law suits brought by AMA against a client shall be brought before the court of competent jurisdiction at the client‘s residence. In relation to law suits against clients who are merchants in accordance with the German Commercial Code (HGB) or legal persons of civil or public law whose residence or registered business seat or whose usual place of stay is either abroad in a foreign country or unknown at the time when the law suit is brought, the parties agree that such law suits shall be brought before the court of competent jurisdiction at AMA’s registered seat. 

16.3. These Travel Terms & Conditions shall apply to the conclusion of travel contracts prior to 1 July 2018. All travel contracts which are concluded after 30 June 2018 shall be subject to new Travel Terms & Conditions on the basis of the new travel package law – to the extent that such Terms & Conditions shall have been validly agreed upon. They will be provided to the client in due course prior to the client placing his/her booking; the provisions defined in Sections 2 and 5 above in relation to prepayments, residual balance payments and cancellation fees as well as Section 14 shall remain in effect beyond 30 June 2018, thereby taking into consideration that reference to statutory provisions of the German Civil Code will have to be adjusted in accordance with the statutory provisions coming into force on 1 July 2018.

 

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©    Copyright protected; Noll & Hütten Rechtsanwälte, Stuttgart | München, 2014-2018

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Tour Operator:

 

AMICAL alpin GmbH & Co. KG

Tax-ID-No.: DE 279 193 164

Walserstr. 5

87561 Oberstdorf
Tel. 0049-(0)8322-9874788

Fax 0049-(0)8322-9874787
info@amical-alpin.com | www.amical-alpin.com