Travel People GmbH is a travel agency and arranges travel services whereby a contract between the traveler and the tour operator, named in the confirmation/invoice, is issued.
Separate flight services will always be arranged by Travel People GmbH as an intermediary only. In this case the airline is the contract partner with the traveler.
In cases where Travel People GmbH sells two or more services as a package it acts as a tour operator and the following terms and conditions apply:
When making a reservation in writing, per email or verbally by phone, the traveller is submitting a binding offer to us concluding in a travel agreement. The travel agreement shall become effective upon our acceptance.
The reservation made by the person placing the order shall also apply to all parties listed therein; the person making the reservation shall be responsible for compliance with the contractual obligations by such persons, to the extent that he/she has expressly declared willingness to do so in a separate agreement to this effect.
The contract becomes binding upon the acceptance of the tour operator. Following finalization of the contract the tour operator will issue the travel confirmation.
Should the contents of the confirmation of reservation differ from those of the reservation, a new offer will be made on the tour operator's part, which shall remain binding for a period of 10 days. The agreement shall come into existence on the basis of this new offer, if the traveller accepts the latter within this period.
A deposit of 20% of the tour price and optional insurance rate becomes payable upon receipt of the confirmation of reservation. For special marked Top-Offers,special last minute or greatly reduced prices and saving travels a deposit of 50% of the tour price is payable. The tour operator has taken out insolvency insurance cover with R&V Insurance Company in order to protect customer monies. The insurance certificate will be sent together with the invoice and confirmation of reservation. The remaining tour price will be payable 4 weeks prior to the departure date. The travel documents will be sent out upon receipt of the remaining amount by the tour operator.
The deposit and remaining payment can be found in the confirmation of reservation. Payment must be made by bank transfer or debit advice procedure and reach our bank account free of charge.
Payment may also be effected by credit card. If the tourpackage is less than Euro 2000 the whole amount is due immediately after booking confirmation is received and will be deducted from the credit card account. Payments made by Visa Credit Card or MasterCard will incur an additional fee of 1%.
The scope of the contractual services can be ascertained from the description of services and the details within the confirmation of reservation and/or brochure.
Although the tour operator, as a general principle, is bound by the information provided in the brochure, the tour operator reserves the right to declare amendments to such information prior to conclusion of the agreement. Amendments shall of course be communicated to the traveller prior to the reservation.
Any changes in or deviations from individual travel services specified in the original travel agreement are permissible only to the extent that they are of minor significance and do not impair the overall nature of the tour booked.
In the event of the period between conclusion of the agreement and the agreed departure date not exceeding 4 months, and in cases in which transport costs or the fees for certain services, e.g. harbor or airport fees, are raised or exchange rates applicable to the tour change, the tour operator reserves the right to amend the tour price quoted and confirmed in the confirmation of reservation to an amount that corresponds to the resultant increase per person/seat in travel costs.
In cases involving post-reservation changes in the tour price or an essential travel service, the tour organizer must inform the party who has made the reservation without delay, but at the latest 3 weeks before departure. Price increases after this date are impermissible. In cases involving price increases of more than 5% or a major change in an essential travel service, the party who has made the reservation is entitled to withdraw from the agreement without a fee or to demand participation in a journey of at least equivalent nature, to the extent that we are in a position to offer him/her such a journey at no extra cost. The latter must assert such rights immediately upon receipt of the tour organizer's communication regarding the price increase or change in travel service.
If the traveler cancels the travel arrangement or fails to undertake the journey, the tour operator may demand compensation for the travel preparations effected and for expenses that have been incurred. When such compensation is calculated, customary savings on expenses and other normally available alternative ways of utilizing the travel services must be taken into account.
The per person lump-sum claim for cancellation fees is calculated as follows:
|up to 31 days before departure||25%|
|from 30th to 25th day before departure||40%|
|from 24th to 18th day before departure||50%|
|from 17th to 11th day before departure||60%|
|from 10th to 04th day before departure||80%|
|from 03rd to 1st day before departure||90%|
|day of departure||100% of tour price.|
Exception from the standard cancellation fees:
The cancelation fee for special marked Top-Offers,special last minute or greatly reduced prices and saving travels is calculated as follows:
|up to 31 days before departure||50%|
|from 30th to 25th day before departure||55%|
|from 24th to 18th day before departure||65%|
|from 17th to 11th day before departure||75%|
|from 10th to 04th day before departure||90%|
|from 03rd to 1st day before departure||95%|
|day of departure||100% of tour price.|
The traveler has the right to prove that none or a lower loss than the standardized figure has occurred.
The tour operator shall have a claim for compensation exceeding that agreed in the lump-sum cancellation costs, if he provides evidence substantiating such claim.
If the traveler wishes to change departure time, accommodation, destination and/or departure airport, a processing fee of € 25,00 per person will be charged up to the 30th day prior to departure for such changes, to the extent that they are possible.
In the case of special-offer flight fares, we would like to draw your attention to corresponding deviations such as the fact that amendments are impermissible or higher cancellation fees may apply.
Up to the commencement of the tour, the traveler may demand that a third party enter into his/her rights and obligations arising out of the travel agreement. We may object to such a substitution, if the person concerned does not meet the specific tour requirements or statutory provisions or administrative orders stand in the way of his/her participation.
If a substitute person takes the place of the participant named in the reservation, we are entitled to charge a fee of € 25,00 as reimbursement for the costs we incur in connection with participation of the substitute person.
If a third party enters into the agreement, he/she and the original traveler are jointly and severally liable to us for the tour price and additional costs arising out of such a substitution.
The tour operator is entitled to cancel the travel agreement prior to departure without due notice or to terminate it after commencement of the tour, if the participant interferes with execution of the tour over a sustained period despite being requested to desist from doing so by the organizer, or if the traveler infringes the agreement to such an extent that termination thereof without due notice is justified. If the tour operator terminates the agreement, it reserves the right to the tour price. Any additional costs incurred in connection with repatriation shall be borne by the person causing the interference. The tour operator must, however, take into account the value of any savings in expenses and any benefits that may accrue through alternative utilization of services not utilized by the person concerned, including any amounts refunded by the respective service providers.
The tour operator may cancel the agreement up to 2 weeks prior to departure, if the minimum number of participants specified in the tour offer is not reached. The tour operator is obliged to inform customers of the impossibility of carrying out the tour as soon as the above situation arises and to send them notice of termination of the agreement without delay. The tour price paid will be refunded to customers immediately.
The tour operator may cancel the agreement up to 4 weeks prior to departure, if, after all possibilities have been exhausted, it would be unreasonable to expect the organizer to carry out the tour because there are so few reservations for this tour that the costs we would thereby incur would exceed an acceptable level for this tour. The right of cancellation shall, however, only be available if the tour operator is not responsible for the causative circumstances and provides evidence thereof and submits a comparable alternative offer to the traveler.
If the tour is not executed as laid down in the agreement, participants may demand redress. The tour operator may refuse such redress, if it would involve disproportional expense. The tour operator may also provide redress in the form of an equivalent alternative service.
The participant may claim an appropriate reduction in the tour price for the duration in the event of failure to perform the tour as laid down in the agreement. The tour price shall be reduced to an extent corresponding to the ratio that would have existed at the time of sale between the value of the tour in defect-free conditions and its actual value. The reduction shall not apply if the participant fails to report the defect for reasons for which he/she is responsible.
If a tour is considerably impaired as the result of a defect, and the tour operator does not remedy the situation within a reasonable period of time set by the participant, the latter may terminate the travel agreement within the scope of the statutory provisions; in his/her own interests and in order to document such action, notice of termination should be made in writing.
This also applies if the participant cannot be reasonably expected to take part in the defective tour for an important reason recognizable for to the organizer. The assignation of a period of redress is shall apply in all cases except those in which redress is impossible or rejected by the tour organizer or immediate termination of the agreement is justified by the customer's special interest.
In case of cancellation the tour operator can demand a reasonable compensation for already supplied services or services required for the termination of the journey. This does not apply if services are of no interest to the traveler as a result of cancellation of the contract.
The tour operator's contractual liability for damage that is not personal injury is limited to three times the tour price,
(1) to the extent that damage incurred by the participant is due neither to willful conduct nor gross negligence, or
(2) to the extent that the tour operator is responsible for damage caused to the participant only through the fault of a service provider.
In cases involving personal injury the tour operator's liability for all customer claims in tort against the operator, insofar as they are not due to willful conduct or gross negligence, amounts to € 75.000,00 per customer and tour. Liability for damage to property is limited to € 4.000,00 per customer and tour. If the tour price exceeds € 4.000,00 liability is limited to three times the tour price. In this connection, customers are advised to take out travel-accident and baggage insurance in their own interest.
The tour operator shall not be liable for defective services within the context of third-party services that are merely negotiated and are expressly characterized as third-party services in the tour description.
The tour operator's liability is limited or excluded to the extent that such liability on the part of the service provider is also limited or excluded under international agreements or statutory provisions based thereon which govern the services provided by the service provider.
If the tour operator should act as a contractual air carrier, liability is governed by the provisions of the Air Transport Act in conjunction with the International Conventions of Warsaw, The Hague, Guadalajara, and the Montreal Convention (for flights to the USA and Canada only). These conventions generally limit the air carrier's liability for death or personal injury as well as loss of and damage to baggage. To the extent that the tour organizer is a service provider in other cases, the latter's liability will be governed by the relevant provisions.
In the event of impaired contractual performance, the tour participant is obliged to assist in preventing or limiting possible damage as laid down in the statutory provisions.
The participant is in particular obliged to notify the local tour manager of his/her complaints. The latter is authorized to take steps to remedy the situation, insofar as this is possible. If the participant fails to comply with the above duty of notification through his own fault, he/she may not claim a reduction in the tour price.
The traveler is responsible for the adherence of the respective entry requirements and health regulations. Further information is provided by the appropriate consulate.
The tour participant must file claims for compensation for failure to comply with tour-related contractual obligations with the tour operator:
Travel People GmbH
Christoph Selhamer Str. 2
Tel.: 0049 881 9096010
Fax.: 0049 881 9096019
within a month after the contractual tour completion date. The participant may file such claims after this deadline, if he/she was unable to observe the deadline due to circumstances beyond his/her control.
Contractual claims against the tour operator are statute-barred after 6 months. The period of limitation commences to run on the day in which the tour was scheduled to end as per the travel agreement. If the participant has filed such a claim, the period of limitation ceases to run until the tour operator repudiates the claims in writing.
Legal Venue is the registered location of Travel People GmbH in Weilheim, Germany.
Surfing Elements GmbH (SE below) offers the following services:
The extent of the contracted services can be found in the exact details set out in the booking confirmation.
Changes or modifications to particular services in the agreed content of the contract may happen, but they should be reasonable for the party to the contract and occur up to three working days (not including saturdays) before the contract begins.
|up to 30 days before the contract starts||20 %|
|from 29 to 22 days before the contract starts||25 %|
|from 21 to 15 days before the contract starts||30 %|
|from 14 to 8 days before the contract starts||45 %|
|from 7 to 1 day(s) before the contract starts||60 %|
|on the day the contract starts||100 %|
|of the booking invoice|
The conditions for this are noted above under number (1) to (3).
The parties agree to use German law.
Should particular clauses in this contract prove to be inoperative and / or unworkable, or should a gap in the total arrangement present itself, then the overall validity of contractual provisions will not be affected. If, in the place of the inoperative provisions or to fill the gap, an appropriate and legally correct arrangement be found, which suits what both parties want financially, or would have expected to be the meaning and purpose of this contract, if they had thought of the point. If required the parties are obliged to make an amendment to this contract.