Terms and Conditions

Contractual terms and conditions for package tours (as of July 2016)

The following contractual terms for package tours form part of your contract with VOYAGE Reiseorganisation GmbH, hereinafter referred to as VOYAGE.

1. Contractual partner for package tours

1.1 VOYAGE only accepts bookings from companies, organisations and associations that act as the organiser towards the traveller for the purposes of travel law.

1.2 VOYAGE’s contractual partner is the company, the organisation or the association, hereinafter referred to as the Partner.

2. Booking and conclusion of the contract

2.1 By returning the signed group contract, the Partner bindingly offers VOYAGE Reiseorganisation GmbH the conclusion of a contract.

2.2 The contract shall be binding for both parties as soon as VOYAGE has accepted the group contract in writing within 2 weeks in the shape of a booking confirmation. This confirmation shall result in an obligation to perform on the part of VOYAGE.

3. Services

3.1 The scope of contractual services shall result from the description of services set out in the respective valid brochure and from the information referring to this in the group contract. Should the descriptions of services differ, the services set out in the group contract shall be owed.

3.2 Should one of the aforementioned descriptions of services state that services are only provided as third-party services, then VOYAGE shall not be liable for any services, personal injury or property damage in connection with the use of the services offered by third parties.

3.3.1 For special requests, contractual terms of the customer and the existence of verbal subsidiary agreements, the burden of proof for the conclusion of the agreement shall lie with the Partner if no written confirmation has been issued by VOYAGE.

3.3.2 At this point, VOYAGE expressly points out that VOYAGE does not authorise third parties in their role as a travel agent or as a service provider to issue information or make assurances that extend or alter the aforementioned scope of services, or directly contradict the content contractually agreed upon here.

4. Terms of payment

4.1 Upon receipt of the booking confirmation, a downpayment of 20 per cent of the price of the trip shall be due within 14 days. The balance shall be payable 30 days before departure (date of receipt) at the latest.

For the same reason, for bookings made less than 4 weeks before departure, the total price of the trip should be paid immediately upon receipt of the invoice, but no later than within 5 working days from the date of booking the trip. Travel insurance policies taken out shall fall due immediately.

Relevant payment deadlines will be stated on the invoice. The invoice shall serve as a travel document.

5. Withdrawal by the Partner

5.1 The Partner can withdraw from the contractual agreements at any time before the start of the trip. To prevent misunderstandings for both partners, the notice of withdrawal should be effected in writing.

5.2 If the Partner withdraws from the contract for reasons for which VOYAGE is not responsible or due to force majeure, or if it reduces the number of travellers agreed on in the contract, then VOYAGE shall be entitled to adequate compensation. Lump-sum compensation will be due as follows:

In the event of withdrawal from the entire contract:

up to 150 days before the start of the trip € 250 processing fee

149 – 120 days before the start of the trip 10% of the total price (but at least € 250)

119 – 90 days before the start of the trip 15% of the total price

89 – 60 days before the start of the trip 40% of the total price

59 – 30 days before the start of the trip 60% of the total price

29 – 7 days before the start of the trip 70% of the total price

6 – 1 days before the start of the trip 80% of the total price

on the day of departure 90% of the total price.

In the event of withdrawal by individual travellers from the entire contract:

up to 120 days before the start of the trip no cancellation costs

119 – 60 days before the start of the trip 5%

59 – 30 days before the start of the trip 25%

29 – 15 days before the start of the trip 60%

14 – 7 days before the start of the trip 80%

6 – 1 days before the start of the trip 90%

on the day of departure 90% of the individual trip price for each traveller withdrawing.

(It is recommended that travellers take out travel cancellation expenses insurance.)

Should the cancellation policies of individual accommodations or transport companies vary from these terms, these will be agreed on separately in the respective group contract.

In the event of withdrawal from individual services:

If the Partner withdraws from individual, contractually agreed services before the start of the trip, the aforementioned scale shall also apply for the calculation of the cancellation expenses. The percentages shall relate to the price for the respective individual service in this case.

It is expressly brought to the Partner’s attention that the agreed cancellation fees shall not apply if the Partner is able to prove in each individual case that VOYAGE has not suffered any damage or has only suffered minimal damage.

5.3 Should the conditions (minimum number of travellers etc.) for contractually agreed services/subsidiary agreements (free spaces, collection from hometown etc.) change as a result of the reduction of the number of travellers, then these agreements shall be void. They shall only retain their validity with new written confirmation from VOYAGE in the confirmation of changes/invoice.

6. Amendments

6.1 An increase in the number of travellers, inclusion of further individual services and name changes can be made at any time free of charge, provided that no legal provisions, official decrees or terms and conditions of individual service providers (e.g. transport companies) preclude this. However, the contractual partner shall not be entitled to this. You will receive relevant information about the given restrictions and time limits for the travel destination booked together with the confirmation/invoice upon request.

6.2 Changes to the travel destination/date of travel made up to 8 weeks before the start of the trip will only be charged at the amount of the costs actually incurred, but at least with a processing fee of € 60.

6.3 Changes to the travel destination/date of travel made less than 8 weeks before the start of the trip will be treated as a cancellation with a subsequent new booking.

7. Unused services

7.1 If the Partner, its tour guide or its travellers do not use individual or entire travel services due to premature departure or for other reasons, the equivalent value will not be reimbursed.

8. Withdrawal and cancellation by VOYAGE

VOYAGE may withdraw from the contract before the start of the trip, or cancel the contract after the start of the trip, or exclude travellers from individual travel services in the following cases:

8.1 Without the need to observe a notice period, if the Partner, its tour guide or its travellers seriously disrupt the trip despite having been given a warning by VOYAGE, its employees or a service provider; or if the Partner or individual travellers behave in violation of the contract to such an extent that the immediate termination of the contract or the exclusion from individual travel services is justified. VOYAGE reserves the right to the price of the trip in such cases. Should VOYAGE incur additional costs as the result of a premature departure due to an effective termination without notice, then the Partner must also reimburse these costs.

8.2 Without the need to observe a notice period, in the event of late payment by the Partner.

8.3 Up to 60 days before the start of the trip, if the minimum number of travellers (25 people per trip unless stated otherwise) is not reached. The price of the trip will be refunded in full without delay. In the event that VOYAGE is aware that the minimum number of travellers cannot be reached, VOYAGE undertakes to inform the Partner of this without delay and to make use of its right of withdrawal.

8.4 If the trip is substantially impaired, jeopardised or adversely affected as the result of circumstances not foreseeable at the time of entering into the contract (force majeure: e.g. civil unrest, war, strikes, natural catastrophes etc.), then both parties may terminate the contract without observing a notice period. VOYAGE may demand part of the price of the trip for services already provided or yet to be provided in order to terminate the trip.

9. Liability

9.1 VOYAGE shall be liable as an ordinary businessman for:

a) the conscientious preparation of the trip

b) the careful selection and monitoring of service providers

c) the correctness of the descriptions of services

d) the proper performance of the contractually agreed travel services according to the local standards of the respective destination.

9.2 VOYAGE’s contractual liability for damages except physical damage shall be limited to three times the price of the trip if damage suffered by the Partner or its travellers is not caused intentionally or through gross negligence, or if VOYAGE is solely responsible for damage suffered by a Partner or its travellers due to the fault of a service provider. Liability based on tort, for any property damage that is also based on intent or gross negligence, shall also be limited to three times the price of the trip. Any claim for damages against VOYAGE shall be excluded or limited if its liability is also excluded or limited due to international agreements or legal provisions based on these which apply to the services to be provided by a service provider.

9.3 VOYAGE shall not be liable for disruptions to services in connection with services that are provided as external services or are identified as such as the trip information, confirmation/invoice. Any costs/impairments that arise through no fault of VOYAGE, e.g. due to delays, traffic jams, technical defects, human error, border controls etc. will not be reimbursed. VOYAGE shall not be liable for damages that the traveller suffers due to force majeure.

10. Duty to cooperate

10.1 In the event of any disruptions to services, the tour guide appointed by the Partner and every traveller shall be obliged to do everything reasonable to help remedy the disruption and to keep any damage incurred to a minimum. This includes, among other things, informing the affected service provider or its agents immediately about the complaints. The local service providers are obliged to remedy the situation in cases of justified complaints, to the extent that this is possible in the short term.

10.2 If an immediate improvement/settlement is not possible, the tour guide appointed by the Partner/its travellers must make the complaint known to the responsible VOYAGE employee without delay in writing and request confirmation in writing.

10.3 If the VOYAGE employee cannot be contacted, the tour guide/traveller must contact VOYAGE directly by calling D-05237-89080. Telephone costs will be reimbursed for justified complaints.

10.4 If the appointed tour guide/traveller culpably fails to report a defect without delay or to fulfil its aforementioned duties, then any claim to a price reduction shall not be valid.

10.5 If the contractual partner wishes to terminate this contract due to a defect for the purposes of Sections 615c to 615e of the German Civil Code or for other important reasons due to unreasonableness, VOYAGE shall first be entitled to set a reasonable deadline for remedying the defect. This shall not apply, however, if a remedy is impossible or unreasonable for the Partner.

11. Duties of the Partner

11.1 The Partner undertakes to send VOYAGE the information about the group (list of travellers etc.) required for the organisation of the trip on time and in the required format with the correct number of copies.

11.2 The Partner is responsible itself for observing and adhering to all important rules relevant to the execution of the trip. All disadvantages that result from the non-observance of these provisions shall be borne by the Partner, except if they are due to a culpable failure to inform or misinformation by VOYAGE. In particular, the Partner shall be responsible for adhering to the respective passport, health and customs regulations. Relevant information for the destination country can be requested from VOYAGE.

11.3 The Partner is responsible for ensuring that every traveller observes the rules of the destination country, particularly hotel or campsite rules. Violations of the rules may result in claims being brought by VOYAGE against individual travellers. The Partner shall be liable for violations.

12. Exclusion and limitation of claims

12.1 Claims due to failure to provide the trip in accordance with the contract (Sections 651c to 651f of the German Civil Code) must be brought within one month of the scheduled end of the trip as stipulated in the contract. This should be effected in writing.
After the deadline has passed, the traveller can only assert claims if he or she was prevented from complying with the deadline through no fault of his or her own.

12.2 Claims of the Partner under Sections 651c to 651f of the German Civil Code arising from injury to life, body or health based on an intentional or negligent breach of duty by VOYAGE, a statutory representative or vicarious agent of VOYAGE, shall become time-barred after two years.
This shall also apply for claims to compensation for other damages which are based on an intentional or grossly negligent breach of duty by VOYAGE or on an intentional or grossly negligent breach of duty by a statutory representative or vicarious agent of VOYAGE.

12.3 All other claims under Sections 651c to 651f of the German Civil Code shall become time-barred after one year.

12.4 The limitation periods set out in the previous subsections shall commence on the day following the day on which the trip ends as stipulated in the contract.

The aforementioned claims must be asserted against VOYAGE Reiseorganisation GmbH, Nord-West-Ring 4, 32832 Augustdorf, Germany.

13. Ineffectiveness of individual provisions

13.1 These contractual provisions shall form part of the contract.

13.2 The ineffectiveness of individual provisions of the contract or the contractual terms and conditions shall not result in the entire contract or all of the contractual terms and conditions being deemed ineffective.

14. Place of jurisdiction

14.1 The place of jurisdiction for both parties shall be – if permissible – Detmold.

14.2 German law shall apply.

15. Provider of package tours

Unless expressly mentioned, the provider of all tours shall be: VOYAGE Reiseorganisation GmbH, Nord-West-Ring 4, 32832 Augustdorf, Germany