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GENERAL BUSINESS TERMS FOR PACKAGE TRIPS WITH PRO.TRAININGTOURS

Dear passenger, please be advised of the following terms which regulate the contract between you and us and which you acknowledge upon booking.
 
1. Conclusion of the Travel Contract
1.1 With your booking you are making a binding offer to conclude a travel contract with Pro.TrainingTours GmbH.
1.2 You may make your booking in writing or over the telephone. Your booking will also cover all passengers listed on the booking form, and you will be liable for their compliance with their contractual obligations in the same way as for your own obligations to the extent that you assumed an explicit obligation in this regard.
1.3 The travel contract will be concluded upon acceptance by us (= travel confirmation), for which no formalities are prescribed. The travel confirmation will be sent to you at once directly by us.
1.4 Where the data on the travel confirmation deviate from the data on your booking form this means that we have not accepted your offer. We will be bound to our changed offer for 10 days. The contract will be formed on the basis of this new offer if you declare acceptance to us within the commitment period.
 
2. Payment
2.1 An installment of 30% of the price will be due within 10 days after receipt of the travel confirmation, unless otherwise agreed on prior to conclusion of the contract. Payments on the travel price prior to the trip may only be effected upon presentation of a secured payment certificate. The full price will be due 30 days before departure, i.e. it must have been received by the latest by this date without another payment reminder. The travel documents will not be provided before the invoice amount has been paid.
2.2 Any cancellation fees will be due immediately.
2.3 Flights and insurance premiums booked by us at the customer’s order as well as fees for the reservation of sports facilities will be due 10 days after the invoice date.
 
3. Services/Prices
3.1 The following are binding for our contractual services:
  1. a) the information on our webpages
  2. b) the information on the written offer individually prepared for you.
However, we explicitly reserve the right to declare changes to the information on our webpages for objectively justified, relevant and unforeseeable reasons, of which we will naturally inform you prior to booking
 
4. Deviations from Range of Services/Price Changes
4.1 Deviations of individual travel services from the contractually agreed subject matter of the travel contract which become necessary after conclusion of the contract, but before the start of your trip which do not incur defects and for which we are not responsible are permitted, provided that the deviations are minor and do no negatively affect the general organization of the trip booked.
4.2 The tour operator reserves the right to change the agreed travel price in the case of an increase of the transport costs or fees for specific services such as port or airport fees after conclusion of the contract.
4.2.1 Where the transport costs increase upon conclusion of the travel contract, in particular fuel costs, the tour operator may increase the travel price in accordance with the following calculations:
  1. a) In the case of an increase for the seat price the tour operator may demand the increased amount from the passenger.
  1. b) In other cases the additional transport costs demanded per means of transport will be divided by the number of seats in the agreed means of transport. The tour operator may demand the amount of increase for the individual seat calculated on this basis from the passenger.
4.2.2 Where existing charges such as port or airport charges are increased for the tour operator upon conclusion of the travel contract the travel price may be increased by the respective share of increase of these charges.
4.2.3 An increase as set out in Items 4.2.1/4.2.2 is only permissible if there are more than 4 months between conclusion of the contract and the agreed travel date and there was no onset of the circumstances incurring the increase, nor were such circumstances foreseeable for the tour operator.
4.2.4 In the case of a subsequent change of the travel price the tour operator must inform the passenger immediately. Price increases after the 20th day before departure will be invalid. In the case of price increases in excess of 5% the passenger will have the right to rescind the contract without any fee or to demand participation in a trip of at least equal quality where the tour operator is able to offer such a trip to the passenger without extra charges from his offer. The mutual rights and duties specified in this paragraph will also apply in the case of a permissible change of an essential travel service.
4.2.5 The passenger must assert these rights immediately after the tour operator declares a price increase or change of the travel service to him.
 
5. Cancellation by the Customer, Re-booking, Substitute
5.1 You can cancel your trip at any time. For reasons of proof you should do this in writing if possible. The receipt of your cancellation notice by us will be authoritative. The date of the service first booked will be authoritative for the cancellation period.
5.2 Where you cancel the travel contract we may charge adequate compensation per passenger booked or demand compensation in accordance with the following list. In the individual case you are entitled to prove that lesser damage was incurred.
5.3 Compensation is as follows: up to 42 days before departure 20% of the travel price, but at least EUR 35,–, as from the 41st to the 30th day before departure 25%, as from the 29th to the 22nd day before departure 30%, as from the 21st to the 15th day before departure 40%, as from the 14th to the 7th day before departure 60% and after the 6th day before departure, on the date of departure and in the case of no-show 75% will be charged. You are advised to take out travel cancellation insurance.
5.4 If you want to change your booking, i.e. change the existing travel contract, we will be obligated to charge you any extra costs thereby incurred. We will charge you a minimum of 40 EUR per person.
5.5 Up until departure you may send a substitute third party to take part instead. The substitute will assume all rights and duties in the travel contract alongside you. We may refuse the substitute if the third party does not meet the travel requirements or if there are statutory provisions or official orders preventing this.
 
6. Unused Services
Where the passenger does not use all or part of the range of travel services and there is no case of force majeure, infeasibility or defective performance we reserve the right to claim the travel price. However, we will attempt to recover the expenditure thereby saved from our own service provider unless the services concerned are minor services or laws or official orders prevent reimbursement.
 
 7. Termination of the Travel Contract
7.1 Where the trip is significantly impeded, endangered or prevented due to non-foreseeable circumstances of force majeure (e.g. war, strike, internal unrest, natural disasters) upon conclusion of the contract both you as well as we may terminate the contract.
7.2 In the case of termination due to circumstances of force majeure as set out in § 651j BGB (Civil Code) the tour operator will be entitled to compensation for the services already provided; any additional return flight expenses will be shared equally between the tour operator and the passenger; any additional costs will be borne exclusively by the passenger.
7.3 Where a minimum number of participants is required for an advertised trip we may terminate the travel contract up to 4 weeks before the confirmed departure date if the minimum number of participants is not met. In this case we will inform you immediately upon onset of this circumstance and we will send you the cancellation form immediately and immediately refund the travel price already paid.
 
8. Guarantee for Our Services
8.1 We are obligated to provide our services in such a way that they fulfill the guaranteed features and are free of defects which neutralize or limit the value or suitability for the usual or contractual purpose.
In particular we guarantee
  1. a) conscientious travel preparation
  2. b) careful selection and monitoring of the service providers
  3. c) accuracy of the description of the services
  4. d) due performance of the agreed services. We will be liable for the fault of persons entrusted with the provision of the services.
8.2 Where travel services are not provided in accordance with the contract the passenger must immediately lodge a complaint with the local travel agency or headquarters in Germany, in writing if possible. We may refuse rectification if this requires disproportionate effort and expenditure. As rectification, we may also offer an equivalent substitute service.
8.3 Where you culpably fail to report a defect, there will be no entitlement to a price reduction.
8.4 Termination of the travel contract by you due to a defect which does not significantly impede the trip is only permissible if we fail to reasonably rectify the defect after you stipulate an adequate period of grace. No period of grace is required if rectification is impossible, we refuse rectification or where immediate termination by you is justified by special interests.
8.5 We explicitly reserve the right to exchange the parties specified as the service providers in the offer. We will announce these changes by the latest 4 weeks prior to departure.
 
9. Restrictions of Liability
9.1 Statutory restriction of liability: Our liability is excluded or limited where a service provider’s liability is also limited due to international conventions or due to legal provisions based on international conventions applicable to the service provider’s range of services.
9.2 Contractual liability for compensation of damage which is not personal injury will be limited to three times the travel price
  1. a) to the extent that damage to the passenger was not incurred by us willfully or gross negligently or
  2. b) to the extent that we are responsible for the damage incurred to you exclusively due to the fault of one of our own service providers.
9.3 We will not be liable for damage in connection with third party services for which we acted as an agent (e.g. excursions, bus trips) and which are expressly designated as third party services in the travel itinerary and travel confirmation, even if our tour guides participate in these extra events.
9.4 The customer will bear the risk of sending the travel documents, in particular in the case where payment is not received on time.
9.5 The tour operator will be liable for up to three times the travel price per customer and damage in the case of material damage for all damage compensation claims by the customer against the tour operator due to illegal acts which are not based on willfulness or gross negligence. The customer is advised to take out travel accident insurance, travel health insurance and baggage insurance policies in his own interest
 
10. Cooperation Duty
The passenger is obligated to cooperate within the scope of the provisions of the law in the case of impairment of services in order to prevent or control any damage. You are obligated to lodge any complaints immediately to the local travel agency. The latter must rectify the situation if possible. At your request our local travel agency must make a written record of the individual complaints. Our travel agency and its agents do not have any further authorization, in particular not to submit legally binding declarations. Where no local travel agency has been designated the complaints must be reported to us, in writing if possible, per fax or e-mail. Where you culpably fail to comply with your reporting duties you will not be entitled to a price reduction. You can reach us during regular business hours.
 
 11. Statute of Limitations
You must assert your guarantee or damage compensation claims against us within one month after the contractually stipulated end of the trip. For reasons of proof, this should be done in writing. After lapse of this deadline you can only assert claims if you are prevented from complying with the deadline due to circumstances for which you are not responsible.
 
12. Passport, Visa and Health Regulations
We assume responsibility for informing German citizens regarding passport, visa and health regulations as well as any changes thereof prior to departure.
The relevant consulate will be responsible for citizens of other countries. We will not be liable for the timely issue and receipt of the necessary visa by the diplomatic agency where the passenger assigned the tour operator to take care of this unless the tour operator is responsible for the delay. The passenger is responsible for compliance with all relevant regulations concerning the trip. He will bear all inconveniences caused by non-compliance with these regulations except where they were culpably caused by failure to provide information or by provision of wrong information by the tour operator. Should the entry regulations of individual countries not be complied with by passengers or should a visa not be issued due to the passenger’s fault, preventing the passenger from embarking on the trip, the tour operator may charge the respective cancellation fees to the passenger.
 
13. Invalidity of Individual Terms
The invalidity of individual terms of the travel contract will not imply the invalidity of the entire travel contract.
 
14. Place of Jurisdiction
The passenger may only sue the tour operator at the latter’s domicile. In the case of lawsuits by the tour operator against the passenger the passenger’s domicile will be authoritative unless the lawsuit is directed against registered merchants or persons who do not have a general domestic place of jurisdiction or against persons who relocated their domicile or habitual place of abode abroad after conclusion of the contract or whose domicile or habitual place of abode is unknown at the time of the filing of the complaint. In these cases the tour operator’s domicile will be authoritative.
 
15. Airline Flights
The terms of the respective airline will apply to flights that are not part of the package trip.
 
The travel price is secured in accordance with the statutory provisions!
as per April 2015