BUSCONTACT GmbH|Storkower Str. 115a|10407 Berlin - Germany|Tel: +49-30-44356519|Fax: +49-30-4417155General travel conditions
1. Conclusion of the travel contract
a)The travel contract is to be concluded in writing with our forms (travel registration and travel confirmation). All agreements, collateral agreements and special requests shall be recorded in writing. Prior to the conclusion of the contract, we will provide the traveler with our full general travel conditions. Upon conclusion of the contract or shortly thereafter, we shall issue the passenger with full confirmation of the booked journey. We are not obliged to do this if it is a short-term booking less than 7 working days prior to departure. In this case however, we have to point out the objects for the notification of defects and the time limit before a termination of the travel contract according to §§ 651 c) ff. BGB.
b) The traveler is bound to his booking for 2 weeks. Within this period the booking will be confirmed by us. Short-term bookings, such as 2 weeks prior to the requested departure and/or shorter, lead to an immediate confirmation or admission to the trip and contract.
c) By telephone, we only make binding reservations, to which the booking customer must immediately sign the contract is signed and send it back, then the travel confirmation will be concluded. If the traveler does not return the signed travel booking within a period of seven days after receiving the travel booking, we can refrain from the reservation. Claims for compensation for non-compliance with the reservation agreement remain unaffected. For online bookings 1c is considered.
d) If the travel confirmation differs from the customers travel declaration, the travel confirmation shall include a new contract application, to which we are bound ten days and which the traveler may accept by returning the signed travel notification within this period.
a) After conclusion of the travel contract, 10% of the travel price, or a deposit of 250,00 € must be paid in return for the guarantee. The remainder of the payment must be made at no later than two weeks prior to departure. With each payment the customer receives the rest of the contractual agreement and travel information.
b) Conclusion of short notice contracts, made within two weeks prior to departure, obliges the traveler to pay the full travel price immediately, against delivery of the complete travel documents and the security deposit, in accordance with § 651 k BGB (German Civil Code).
c) The obligation to hand over a guarantee does not apply if the journey does not take more than 24 hours, does not include overnight accommodation and the travel price does not exceed 77,00 €.
3. Our services
a) Brochure and catalog details are binding for the tour operator. However, the tour organizer explicitly reserves the right to make changes to the brochure/catalog offers and prices details if factual, significant or unforeseeable circumstances arise before the conclusion of the contract. The customer must be immediately informed in writing of any changes.
4. Price changes
a) We are entitled to price increases of up to 5 % of the agreed price of the trip, four months after conclusion of the contract and up to 3 weeks before the travel date, if it is verifiable and only if after the conclusion of the contract an increase in transport costs, such as port or airport taxes or fees or a change in the exchange rates are applicable to the voyage in question. Price increases based on the aforementioned circumstances are only permissable to the extent that the increase in the price of transport, duties and exchange rates specifically affects the price of the services.
b) A price increase can only be made up until the 21st day prior to the departure date. The travel organizer must immediately notify the traveler of a change in the price (in accordance with section 4a).
c) In the case of price increases of more than 5% of the total price, the traveler can cancel the contract free of charge or instead request participation in at least a price equivalent journey, if the organizer is able to offer such a trip without additional costs to the traveler.
d) In accordance with the rights from para. 4c), the traveler must immediately confirm after the travel agent's declaration of change.
e) Price increases (including the prices agreed on in the travel agreement) due to VAT increase, even after the publication of the catalog, we have the right to reserve up to two weeks prior to departure.
5. Service changes
a) Changes and deviations of individual services form the agreed content of the travel agreement which are necessary after the conclusion of the contract, are only permitted if the changes or deviations are not significant and do not affect the overall service booked.
b) The travel organizer must immediately inform the traveler of any changes to major travel services and the reasons for these changes.
c) In the event of a significant change in a major travel service, the traveler may withdraw from the contract or may demand participation in at least another price equivalent journey/service. Corresponding with 4d).
d) In individual cases, we reserve the right to use ***-buses without the right to any compensation.
a) The customer may withdraw from the contract at any time prior to departure, however is then obliged to pay compensation. The compensation is calculated as follows:
b) Different cancellation fees apply for bookings of river cruises, flights, rail and sea voyages, trips with visa requirements, musical, opera, concert or other event tours:
Tax number: 37/146/22421
For the deadlines to be upheld and the cancellations to take their right course, the customer must submit their cancellation on time, in writing and directly to us or the booking venue.
d) The customer reserves the right to prove to the organizer that no or substantially lower costs have been incurred by the organizer than the compensation sum being claimed.
7. Changes at the request of the traveler
a) If the traveler requests changes after the conclusion of the contract, the tour operator may charge a processing fee of 20,00 €, as long as he can not prove a higher indemnity, the amount which is determined in accordance with the travel price, minus the value of the expenses saved by the tour operator, which the tour operator can acquire by means of other use of that travel service. Changes to the travel dates by the customer are not classed as rebookings and are seen as cancellation.
8. Replacement of travelers
a) The traveler may be replaced by a third party as long as the third party meets all the travel requirements and there are no legal regulations or official law orders outstanding.
b) The traveler and the third party are joint tortfeasor for the full travel price.
c) The traveler and the third party shall be liable to the tour operator as joint tortfeasor for the extra costs arising from the participation of the third party, on a regular flat-rate basis and without further proof of 20,00 €.
9. Travel termination
a) If the trip is canceled as a result of circumstances entirely due to the traveler (i.e. illness), the tour operator is obligated to reimburse expenses to the beneficiaries. This does not apply if insignificant services are affected or if a refund is contrary to legal or official regulations.
10. Interferences/troubles caused by the traveler
a) The travel organizer can terminate the travel contract without further notice if the traveler continues to distract/interfere, act unreasonable or cause trouble despite prior warning to stop. This shall also apply if the traveler does not follow the travel indications given. In this case, the tour operator is entitled to the full travel price, as long as expenses and/or advantages resulting from a different use of the travel service(s) do not occur. Indemnity claims remain unaffected.
11. Minimum number of participants
a) If the description of the trip (brochure, catalog) specifically refers to a minimum number of participants, the tour organizer can withdraw from the contract if the minimum number of participants is not reached.
b) The travel organizer must inform the traveler, in accordance with 11A), a least 2 weeks prior to the event/departure, if the minimum number of participants has not been reached.
c) The traveler is entitled to a price equivalent journey/event, if the organizer is able to offer such a trip without any additional costs occuring for the traveler.
d) The traveler must immediately make use of his right to a price equivalent journey, according to clause 11C), and declare this to the travel agent.
e) If the traveler does not exercise his/her right to a price equivalent journey/event, then the travel price is to be refunded in full without delay.
12. Termination due to force majeure
a) If the contractual agreement is threatend or significantly impaired by unforeseeable circumstances such as, natural disasters, war, strikes or similar, both contractual parties are entitled to terminate the contract.
13. Guarantee and remedy
a) If the services are not in accordance with the contract, the customer my request remedies, provided that this does not require a unreasonable effort. The remedy is to remove or repair the service fault or defect or supply equivalent substitute service.
b) The traveler can demand a reduction of the travel price if he/she notifies the travel agent, tour guide or the tour organizer directly about the service fault or defect and as long as the faults or defects do not impair the journey in any way. If the traveler culpably fails to report the defect, he is not entitled to a reduction in the travel price.
c) If the service is significantly impaired due to defect or fault and the reasonable deadline for rectificatin of the faults or defects has been granted by the customer and goes without remedy, the customer may be entitled to take remedial measures of his own and later demand to be reimbursed of the necessary expenses. The deadline is not necessary if the travel organiser refuses remedy, the remedy is impossible or is not requested within a reasonable period.
d) In the case of justified termination, the tour operator may demand compensation for services rendered or services yet to be provided till the end of the trip. The value of the travel services, the total travel price and the value of the contractually agreed travel services are decisive for the calculation (cf. § 471 BGB, German Civil Code). This does not apply if the services provided or services yet to be provided, are not of interest to the traveler. Then the tour operator must take necessary measures, as a result of the termination of the contract. If the return transport is included in the travel contract, the tour operator must also take care of the return trip and bear the extra costs.
e) The traveler is entitled to compensation for the reduction or cancellation, due to non-fulfillment, unless the defect is due to circumstances which the tour operator is not responsible for.
14. Traveler participation
a) The traveler is obligated to take all steps necessary in order to minimize any damages. Points 10) and 13) of the General Terms and Conditions must be read carefully.
15. Limitation of liability
a) The contractual liability of the travel agent is limited to triple the travel price,
a1)as long as all damages to the traveler are not intentional or grossly negligent or
a2) if the travel organizer is responsible for damages to the traveler solely on the basis of a fault from a service provider.
b)Should a service provider be providing services internationally or providing a service based on international contracts, so that all damage claims can only be made based on the international legal provisions, then the travel organiser can rely on these international legal regualtions should a damage claim be made by the traveler.
c) The travel organizer is not liable for service impairments or defiencies that occur to external services as listed in the service description. This particularly goes for add-on/extra programs that occur during the course of the event or trip. The travel organisers mediation obligations remain unaffected.
d) For all damage claims from the customer made against the tour organiser from unauthorized acts, which are not based on intent or gross negligence, the travel organiser is liable for personal injury up to 76.695,00 € per customer and trip. The limitation of liability for damage to property is 4.090,00 € per customer and trip. If the travel price is more than 1.363,00 €, the liability is limited to triple the travel price. In this context, the customer is advised for his own interest to take out a travel accident or travel luggage insurance.
16. Exclusion of claims and limitation
a) Claims for inadequate services have to be made within one month of the antisapated end of the contractual agreement, after the expiration of the deadline, claims can only be made if the customer was unable to comply with the deadline without actual fault.
b) Agreed contractual claims of the traveler has a limitation period of one year. The limitation period starts on the day on which the journey antisapated to end. If the traveler has asserted such claims, the limitation period shall be suspended from the day that the organizer refused to continue the negotiations.
c) If the traveler makes claims based on the contract within a month, the limitation period shall be suspended until the travel organizer rejects these claims in writing.
17. Passport, visa and health formalities
a)The tour operator must indicate the passport and visa requirements, including the time limits for obtaining these documents and health formalities, from the brochures/documents which were issued and made available to the traveler at the time of booking or by notifying the traveler prior to booking. This includes any changes in departure time, in particular prior to the conclusion of the contract and prior to commencement of the trip. This applies to the German citizens without special features such as double citizenship etc. or special circumstances (foreign citizenship, passports, etc.) these are to be considered by the tour operator only if they are recognizable to the tour operator, were specifically mentioned by the traveler or could have been recognized by the organizer due to special circumstances.
b) If the tour operator has complied with the obligation to provide information, the traveler must comply with all conditions for the trip, unless the travel organizer has explicitly undertaken to obtain the visas or certificates, etc.
c)If, for example, the absence of documentation or vaccinations affect the commencment of the trip or participation in certain services/activities (i.e. not obtaining the required visa), the traveler can not cancel the contract free of charge or use individual travel services without consequences. Here apply the provisions 6) (cancellation) and 9) (travel cancellation due to reasons for which the traveler is responsible
18. Court of Jurisdiction
a) The traveler may take legal action against the travel agent/organiser at its registered office.
b) The courts for the travel agent/organiser to take legal action against the traveler must be the courts asigned near the travelers place of residence. Unless they are registered traders or who have moved their place of residence abroad after the conclusion of the contract or whose place of residence is unknown at the time of the complaint/legal action being taken. In these cases the asigned court will be that of the travel agent/organiser.
19. Invalidity of individual provisions
a) The invalidity of individual provisions does not justify the invalidity of the contractual agreement.
Managing Director: Kurt Herrmann
Storkower Str. 115a