BSfL Charity Travel Thailand - General Terms and Conditions
General Terms and Conditions/Imprint
Beluga Travel Lounge GmbH
Teerhof 59
DE-28199 Bremen / Deutschland
Phone: +49 (0) 421 333 22 322
Fax: +49 (0) 421 333 22 319
E-Mail: info@charity-travel-thailand.de
Managing Director:
Nicolai Pasdzierny
Registry Court:
Local Court Bremen
Register no.:
HRB 24899 HB
VAT identification number:
DE 259715509
LEGAL NOTICES
Liability
All information and data on these web pages were compiled to the best of our knowledge and are regularly checked and updated. However, no legal liability or responsibility is assumed for the completeness, accuracy and timeliness of the information provided as well as its suitability for particular purposes. The use of the contents available on the website takes place at the sole risk of the user.
Security
In regard to possible e-mail contacts there are security gaps that can be exploited by knowledgeable Internet users. The confidentiality of the transmitted information can therefore not be guaranteed. We make every effort to protect your personal data, but cannot assume any liability for the security of the data transmitted by you. Transfer of data by you to us shall therefore be carried out at your own risk. After receipt of your e-mail we assume that we have the right to reply to your inquiry via e-mail. Should you prefer another form of communication, we request that you inform us of this in your message.
For service purposes we make available downloadable files. Any download is carried out at the user´s own risk. To the extent that this is legally permissible, we are not liable for damage resulting from the installation or use of software from the download section. In spite of regular virus checks, liability for damage and adverse effects due to computer viruses is ruled out within the framework of legal regulations.
External links
To provide you with optimal information, our website contains links to third-party sites. Insofar as links of this kind are not obviously recognizable, we point out that they are external links. We have no influence on the content and design of other providers' websites. Therefore, the guarantees in this data protection statement naturally do not apply to those sites.
Legal validity
This legal disclaimer shall be regarded as part of the website from which reference was made to this page.
Copyright
The contents of this website are copyright protected. This particularly applies to texts, images, graphics, audio, video or animation files, including their arrangement on the individual pages of the Internet presence. Reproduction or use of such pages or parts of them and their publication (also on the Internet) shall be permitted only after our prior written approval. The official press releases of the public relations department and the illustrations provided there for the media are excluded from this regulation.
Protection of privacy
- Anonymous data collection
In principle you can visit our websites without telling us who you are. Only the name of your Internet service provider, the website from which you visit us and the web pages that you visit on our web presence will be revealed to us. This information is evaluated for statistical purposes. You as an individual user remain anonymous.
- Collection, processing and use of personal data
Personal data will only be collected if you voluntarily supply it, for example to carry out an order or when filling in a contact form; the surrender of such data on part of the user takes place on an explicitly voluntary basis. The data provided to us are stored in compliance with the applicable data protection regulations and processed exclusively for sending the desired documents or information and/or, if applicable, for the purpose that may be explicitly stated. Subject to your revocation we are also allowed to use your personal data for advertising and market and opinion research.
Such data shall not be transmitted to third parties unless the claim for the release of data results from relevant - particularly penal - legal norms. You can, of course, withdraw your consent at any time with effect for the future.
Further information and contacts
If you have further questions, particularly regarding the issue of "data protection", please contact the e-mail address provided below. There you can inquire which of your data are stored by us. Furthermore you are welcome to send us your suggestions as well as further details, deletion and correction wishes regarding your data via e-mail at any time via the following address:
tourism@beluga-schoolforlife.com
General Travel Conditions
General Travel Conditions for Beluga Travel Lounge GmbH
Paragraph 1 Conclusion of the travel contract
(1) By booking the customer offers a binding conclusion of the travel contract to the tour operator. The basis of this offer is the travel advertising and the supplementary information from the tour organiser as far as these are available to the customer.
(2) Travel booking services (e.g. travel agencies) and service providers (e.g. carriage companies) are not authorised by the tour operator to make agreements or promises to amend the agreed content of the travel contract, to go beyond the contractually agreed services of the tour operator or to contradict the travel advertising.
(3) Local and hotel brochures that are not published by the tour operator shall not be binding for the tour operator insofar as such brochures are not an object of the travel advertising due to an express agreement with the traveller or have been made part of the contents or the obligation to perform of the tour operator.
(4) The booking can be carried out verbally, in writing, by telephone, by fax or by electronic means (email, internet). For electronic bookings the tour operator shall confirm receipt of the booking immediately using electronic means. The confirmation of receipt shall not represent a confirmation of the acceptance of the booking order. The tour operator shall indicate that it is necessary to process, save and forward personal data using EDP means for the purposes of processing the contract.
(5) The customer shall vouch for all contractual obligations of fellow passengers for whom he carries out the booking as if they were his own obligations provided he has assumed these obligations by an express and separate declaration. If a customer registers several persons the travel contract shall come about with each individual traveller.
(6) The contract shall come into effect with the admission of the declaration of acceptance by the tour operator. This does not have to be in any particular form. On or immediately after conclusion of the contract the tour operator shall forward a written travel confirmation/invoice to the customer. The tour operator is not obliged to do this if the booking by the customer is made fewer than seven working days before the commencement of the itinerary.
(7) If the declaration of acceptance from the tour operator deviates from the contents of the booking this shall constitute a new offer from the tour operator that shall be binding on it for a period of ten days. The contract shall come into effect if the customer declares their acceptance to the tour operator within this binding period by an express declaration, payment or payment of any balance.
Paragraph 2 Payment
(1) Travel operators and travel booking services may only request or accept payments made for the travel price before the end of the itinerary if a risk coverage certificate has been issued to the customer. After conclusion of the contract an advance payment of 20% of the travel price shall be due for payment on surrender of the risk coverage certificate. The payment of the balance shall be due four weeks before the commencement of the itinerary at the latest if the risk coverage certificate has been issued and the itinerary cannot be cancelled any longer for any of the reasons named in Paragraph 8.
(2) The travel documents shall be in principle be sent to the traveller two to three weeks before starting the itinerary or surrendered on payment.
(3) If the itinerary does not last more than 24 hours, does not include any overnight accommodation and if the travel price does not exceed € 75.00 per customer payment may be demanded without surrender of a risk coverage certificate.
(4) If the customer does not make the advance payment or payment of the balance according to the agreed payment due dates the tour operator shall be entitled to withdraw from the travel contract after issuing a warning that sets a deadline for payment and to charge the customer with travel cancellation costs in accordance with Paragraph 5 Section 2 to Section 5.
(5) Travel cancellation and rebooking costs shall be due immediately.
Paragraph 3 Service amendments
(1) Any amendments to the agreed contents of the travel contract concerning important travel services that are necessary after conclusion of the contract and that are made in good faith shall only be permitted if the amendments are not substantial and do not detract from the overall arrangement of the itinerary.
(2) Any possible warranty claims shall remain unaffected if the amended services are not subject to defects.
(3) The tour operator is obliged to inform the traveller without delay about any significant amendments to services after cognisance of the reason for the amendment.
(4) In the event of a significant amendment to an important travel service the customer shall be entitled to withdraw from the travel contract gratis or to demand participation in an itinerary of at least the same value if the travel operator is in a position to offer such an itinerary without an additional charge to the customer. The customer must enforce this right against the travel operator without delay after any declaration about such an amendment to the travel service or any cancellation by the tour operator.
Paragraph 4 Price amendments
The tour operator reserves the right to amend the price agreed in the travel contract in the event of an increase in the carriage costs or the dues for certain services, such as port and airport charges, or a change to the exchange rate affecting the itinerary as follows:
a) If carriage costs existing on conclusion of the travel contract increase the tour operator can increase the travel price in compliance with the following calculation:
aa) If an increase relates to a seat the tour operator can demand the amount of the increase from the customer.
bb) In any other cases the additional carriage costs required by the carriage company per means of carriage shall be divided by the number of seats or beds of the agreed means of carriage. The tour operator can demand the resulting increased amount from the customer for the individual place.
b) If dues such as port or airport charges that exist on conclusion of the travel contract are increased for the tour operator the travel price can be raised accordingly by a proportionate amount.
c) If there is any amendment to the exchange rate after conclusion of the travel contract the travel price can be increased to the extent to which the itinerary thus becomes more expensive for the tour operator.
d) An increase is only admissible if there are more than four months between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase had not yet occurred before conclusion of the contract and were not foreseeable for the tour operator on conclusion of the contract.
e) Price increases from the 20th day before commencement of travel shall not be admissible. The tour operator shall inform the customer about any price amendments without delay. In the event of price increases of over 5% the customer shall be entitled to withdraw form the travel contract without any charge or demand participation in an itinerary of at least the same value if the travel operator is in a position to offer such an itinerary from its range without an additional charge to the customer. The customer must enforce this right against the travel operator without delay after any declaration about such an amendment to the travel service or any cancellation by the tour operator.
Paragraph 5 Cancellation by the customer before commencement of travel/cancellation fee
(1) The customer can withdraw from the itinerary at any time before the commencement of travel. Any such cancellation shall be made to the tour operator in writing at the address given below. If the itinerary was booked through a travel agent the cancellation can be declared to the travel agent that made the booking. It is recommended that the customer makes any cancellation in writing.
(2) If the customer withdraws before commencement of travel or if the customer does not begin the itinerary the tour operator shall lose its claim to the travel price. Instead the tour operator can demand appropriate compensation for the travel arrangements made until the withdrawal and its expenditure depending on the respective travel price and if the withdrawal is not the responsibility of the tour operator or force majeure.
(3) The tour operator has scaled these claims to compensation according to time i.e. taking account of the proximity of the point in time of the withdrawal to the contractually agreed commencement of travel in a percentage relationship to the total travel price, and where a calculation of the expenditure usually saved from the compensation and possible other uses of the travel services, is taken into account. Compensation is calculated in accordance with the point in time of the receipt of the withdrawal declaration of the customer as follows:
- Up to 75 days before the commencement of travel: 10%
- 75 to 40 days before the commencement of travel: 25%
- 39 to 10 days before the commencement of travel: 60%
- From the 9th day before the commencement of travel: 80%
of the total travel price.
(4) In every case it is left to the customer to prove to the tour operator that no damage has occurred at all or significantly less damage has been incurred than the total amount required from them.
(5) The tour operator reserves the right to demand higher, specific compensation in deviation from the above total amounts. In this case the tour operator shall be obliged to itemise and document the compensation demanded taking account of any expenditure saved and any other use of the travel services.
Paragraph 6 Rebooking
(1) The customer shall have no claim to any amendments with reference to the travel date, the accommodation, the catering, a course booked, an activity etc (rebooking) after conclusion of the contract. If a rebooking is nevertheless carried out at the wish of the customer the tour operator can charge of rebooking fee of € 30.00 per customer on compliance with a period of 40 days before the commencement of travel.
(2) Rebooking requests of the customer that are made after expiry of this 40 day period can, insofar as it is possible to carry them out at all, only be made after withdrawal from the travel contract in accordance with Paragraph 5 Section 2 to Section 5 of these Conditions and with a simultaneous new registration. This shall not apply to rebooking requests that only cause small costs.
(3) Until the commencement of travel the customer can demand that a third party can access the rights and obligations from the travel contract instead of himself. The tour operator can reject the access of such a third party if this third party does not satisfy any special travel requirements or if his participation is prevented by any statutory provisions or official ordinances. If a third party accesses the contract he and the customer shall be jointly and severally liable to the tour operator for the travel price and any additional costs incurred by the access of the third party. In this case the tour operator shall be entitled to demand a minimum fee of € 30.00.
Paragraph 7 Unclaimed services
If the customer does not claim individual travel services that were offered to him in an orderly manner for reasons attributable to him (e.g. because of a premature return journey or for other pressing reasons) he shall have no claim to a proportionate refund of the travel price. The tour operator shall attempt to receive a refund of the expenditure saved from the service provider. This obligation shall be inapplicable in the case of insignificant services or if a refund is prevented by statutory or official provisions.
Paragraph 8 Cancellation because the required number of participants is not reached
(1) The tour operator can withdraw from the travel contract because the minimum number of participants has not been reached if it has:
a) Specified a minimum number of participants in the relevant travel advertising as well as the point in time by which the declaration of the traveller must have been received before the contractually agreed commencement of travel.
b) Clearly and legibly made reference to this fact in the travel confirmation.
(2) Any such withdrawal shall be declared to the customer at least one month before the agreed commencement of travel. If it can already be seen at an earlier point in time that the minimum number of participants will not be reached the tour operator shall make use of its right to withdraw without delay. If the itinerary is not carried out for this reason the customer shall be refunded any payments made for the travel price without delay.
Paragraph 9 Termination for behaviour related reasons
The tour operator can terminate the travel contract without notice if the customer continually causes disruption, regardless of a warning from the tour operator, or behaves contrary to the contract to such an extent that the immediate abrogation of the contract is justified. If the tour operator abrogates the contract it shall retain its claim to the travel price; however it must have the value of any expenditure saved, as well as any advantages, deducted that it obtains from other use of any unclaimed services, including the amounts credited to the tour operator by service providers.
Paragraph 10 Obligations of the customer
(1) Notification of defects
If the itinerary is not carried out in accordance with the contract the customer can request redress.
However, the customer is obliged to notify the tour operator of any defects in the itinerary that occur without delay. If the customer neglects to do this no reduction in the travel price can be carried out.
This shall not apply only if any such notification is recognisably futile or is unreasonable for other reasons.
The customer is obliged to bring any notification of defects to the attention of the travel management on site without delay. If the travel management is not available at the holiday location any defects can be given to the tour operator at its registered office. The customer shall be informed about the availability of the travel management in the service description, however with the travel documents at the latest. The travel management is authorised to ensure redress as far as this is possible. The travel management is however, not authorised to recognise any customer claims.
(2) Deadline before termination
If a customer wants to terminate the travel contract because of a travel defect of the type identified in Paragraph 651 c BGB (German Civil Code) in accordance with Paragraph 651 e BGB, or for cause, recognisable to the tour operator because of unacceptability, he shall set the tour operator a suitable deadline in advance for redress. This shall only apply if redress is impossible or if this is refused by the tour operator or if immediate termination of the contract is justified by a special interest of the customer that is recognisable by the tour operator.
(3) Loss of and delays to luggage
In the event of any loss, damage to or delivery delay to luggage during air travel the tour operator strongly recommends that the airline responsible be notified on the spot and without delay using a P.I.R. (Property Irregularity Report). Airlines usually reject compensation if an irregularity report has not been completed. An irregularity report for lost luggage is to be compensated within seven days, compensation for delayed luggage twenty one days after it has been handed in.
(4) Travel documents
The customer shall inform the tour operator if he has not received the required travel documents one week at the latest before the commencement of travel. If an itinerary cannot be commenced because of absent travel documents the tour operator can demand appropriate reimbursement for the travel arrangements made and for expenditure in accordance with Paragraph 5 unless the customer is not responsible for the absence of the documents.
(5) Duty to avert, minimise or mitigate loss
The customer shall attempt to prevent occurrence of a loss and to keep any damage as low as possible. In particular, he shall bring the attention of the tour operator to any risk of damage.
Paragraph 11 Limitation of liability
(1) The contractual liability of the tour operator for damage that is not injury to the person is limited to three times the travel price.
a) As far as the damage of the customer was caused neither intentionally or by gross negligence.
b) As far as the tour operator is solely responsible for the damage incurred by the customer because of the culpability of a service provider.
(2) The liability in tort of the tour operator for damage to property that is not based on intention or gross negligence is limited to three times the travel price. This highest liability amount applies per customer and itinerary.
(3) The tour operator shall not be liable for disruption to services, injury to the person or damage to property in connection with services that are merely arranged as external services (e.g. excursions, sport events, carriage services to and from starting and destination points, particularly flights etc.) if these services are expressly and clearly identified as external services in the travel advertising and booking confirmation under specification of the contractual partner arranged so that for the customer these services recognisably do not form part of the travel services of the tour operator.
However the tour operator shall be liable:
a) For services that include accommodation during the itinerary
b) If and insofar damage to the customer was originally caused by an information, clarification or organisational obligation of the tour operator.
Paragraph 12 Exclusion of claims and limitation of actions
(1) Claims because of provision of the itinerary counter to the contract must be enforced by the customer within one month after the contractually foreseen point in time for the end of the itinerary. Such enforcement can only be made within this period to the tour operator at the address given below. After expiry of this deadline the customer can only enforce claims if he was prevented from observing the deadline without his culpability.
(2) Claims of the customer in accordance with Paragraphs 651 c to 651 f BGB (German Civil Code) shall be subject to a limitation period of one year. This limitation period shall begin on the day on which the itinerary should have ended according to the contract.
If negotiations are in abeyance between the customer and the tour operator about a claim or about the circumstances on which a claim is based the limitation shall be suspended until the customer or the tour operator rejects the continuation of the negotiations. The limitation shall commence three months at the earliest after the end of the suspension.
(3) Travellers shall not transfer any claims or rights directed at the tour operator, either in full or in part, to third parties without the agreement of the tour operator.
Paragraph 13 Passport, visa and health provisions
(1) The tour operator shall inform nationals of a state of the European Community in which travel is offered about regulations for passport, visa and health provisions before conclusion of the contract, as well as about possible amendments to these provisions, before commencement of travel. The responsible consulate can give information to nationals of other states. For this purpose it shall be assumed that there are no peculiarities relating to the person of the customer or to any possible co-travellers (e.g. dual citizenship, statelessness).
(2) The customer shall be responsible for acquiring and carrying the necessary travel documents, any vaccinations that may be necessary as well as compliance with customs and currency provisions. Any disadvantages that accrue from non-compliance with these provisions e.g. the payment of withdrawal costs, shall be for the customer’s account. This shall not apply if the tour operator is culpable and had not, insufficiently or erroneously informed the customer.
(3) The tour operator shall not be liable for the issue and acquisition of any visas necessary from the respective diplomatic representation if the customer has commissioned the tour operator with the procurement of such visas unless the tour operator culpably infringes its obligations.
(4) The customer should inform himself in good time about protection from infection and vaccinations in good time as well as other prophylaxis measures, and if applicable medical advice about thrombosis and other health risks should be obtained. Reference is to be made to general information, in particular from health authorities, travel medicine information services or the German Federal Centre for Health Education.
Paragraph 14 Travel insurance
The traveller is advised that no travel insurance is included in the itinerary provided by the tour operator. The conclusion of travel cancellation expenses insurance (insurance to refund cancellation costs it the itinerary is not commenced) and curtailment of travel insurance (insurance that refunds the value of unclaimed services if the itinerary is curtailed) and additional insurance policies is recommended. It is advised that in principle travel cancellation expenses insurance can only be concluded within 14 days of receipt of the travel confirmation. Furthermore, it is recommended that the following insurance be taken out: traveller’s luggage insurance, travel accident insurance, travel illness insurance and travel liability insurance.
Paragraph 15 Choice of law
(1) German law shall apply exclusively to the contractual relationship between the customer and the tour operator. This shall apply for the whole legal relationship.
(2) If a lawsuit of the customer against the tour operator abroad for the liability of the tour operator is not based on German law, German law shall apply exclusively with reference to the legal consequences, in particular with reference to the type, extent and amount of claims of the customer.
Paragraph 16 Jurisdiction
(1) The customer can only file a lawsuit against the tour operator at the registered office of the tour operator.
(2) In the event of a lawsuit of the tour operator against the customer the place of residence of the customer shall be decisive. For lawsuits against customers or contractual partners of the travel contract, merchants who are legal persons under public or private law whose place of residence or usual domicile is abroad, or whose place of residence or usual domicile is unknown at the point in time the lawsuit is filed, the jurisdiction shall be agreed to be the registered office of the tour operator.
(3) The above provisions shall not apply:
a) If and insofar non mandatory contractual regulations from international agreements to be applied to the travel contract between the customer and the tour operator result in something different to the benefit of the customer.
b) If and insofar non-mandatory regulations can be applied to the travel contract in the EU member state of which the customer is a national that are more beneficial to the customer than the following regulations or the corresponding German prescriptions.
Information about termination due to force majeure
The statutory regulation in the BGB (German Civil Code) is referred to concerning termination of the travel contract as follows:
Paragraph 651 j:
(1) If the itinerary is made considerably more difficult, endangered or impaired as a consequence of force majeure that was non-foreseeable on conclusion of the contract both the tour operator and the traveller can terminate the contract alone in compliance with this prescription.
(2) If the contract is terminated in accordance with Section 1 the prescriptions of Paragraph 651 e Section 3 Clauses 1 and 2, Section 4 Clause 1 shall apply. The additional costs for return carriage shall be borne half each by the contracting parties. In remaining cases any additional costs shall be borne by the traveller.
Status: January 2010
GTC-BSfL-Charity-Travel-GmbH (.pdf 59 kb)
