General Terms and Conditions
Please read the small print.
Dear guest, the following notes and conditions will – to the extent legally enforceably included in the travel contract – govern the contractual relationship between you as the holidaymaker taking advantage of the services rendered by Touristic Service as your holiday organizer.
With your booking you bindingly offer the organizer, Touristic Service, Reisebüro & Flugreisen GmbH (hereafter TS) the conclusion of a travel contract. The booking can be made orally, in writing or by phone. The booking shall be binding for the booking person and all persons covered by this booking, for the fulfilment of the contractual obligations of whom the booking person shall be liable as for his/her own. Declarations on behalf of TS made to the booking person are considered to be serviced to all persons referred to in the booking. Within a reasonable period of time after booking they will receive a confirmation including all relevant details of the travel services booked by you – provided these can not be taken from the brochures.
Should the contents of the aforementioned confirmation deviate in contents from the booking the deviating contents of the confirmation shall become binding for both the guest and TS unless the guest does not exercise his/her right to cancellation within 10 days!
Payment: Upon booking a deposit of Euro 30% per person becomes due. The reMayning amount is to be paid without any further call for payment until 35 days before the beginning of the travel at the latest. Should the holiday be booked on short notice, i.e. within less than 35 days before the beginning of the travel, the complete amount shall become immediately due. Partial payments on the travel price before the beginning of the travel are only permissible against delivery of a trust letter within the meaning of § 651 k par. 3 BGB (German Civil Code). Any cancellation or rebooking fees become immediately due.
If no flight arrangement is booked, we charge a compensatory fee of EUR 40,00 per person.
For payments with credit card the following fees will be charged :
Travel price Fee
0-500€ 5€
501 - 750€ 7.50€
751 - 1000€ 10€
1001 - 1250€ 12.50€
1251 - 1500€ 15€
1501 - 1750€ 17.50€
1751 - 2000€ 20€
2001 - 2250€ 22.50€
2251 - 2500€ 25€
2501 - 2750€ 27.50€
2751 - 3000€ 30€
3001 - 3250€ 32.50€
3251 - 3500€ 35€
3501 - 3750€ 37.50€
3751 - 4000€ 40€
4001 - 4250€ 42.50€
4251 - 4500€ 45€
4501 - 4750€ 47.50€
4751 - 5000€ 50€
5001 - 5250€ 52.50€
5251 - 5500€ 55€
5501 - 5750€ 57.50€
5751 - 6000€ 60€
ab 6001€ on request.
We accept Mastercard and Visacard
Contractual performance: Kind and scope of services exclusively ensue from the services described in the brochure valid for the period of travel. Any collateral agreements, modifications, and other understandings – regardless of their kind – shall only form part of the contract if having been confirmed in writing by TS. Any extension of the stay at your destination is only possible if our agency is timely notified and the respective accommodation is available. Modifications of the individual travel services forming part of the travel contract and becoming necessary after the travel contract has been entered into are permissible provided them not being of substantial nature and not impairing the overall design of the travel booked. TS is entitled to provide reasonable services of equal standard in replacement. TS covenants to immediately notify the traveller about any modification of performance - provided this is possible. In case of any modifications in performance significantly affecting the overall design of the travel, the guest is entitled to rescind from the contract in its modified form unless the conduct of the travel is reasonable. If the traveller rescinds from the contract TS shall immediately reimburse any payments made so far. Any further reaching claims are expressively excluded. We reserve the right to make any necessary changes of the airline, the type of airplane, the airport of departure or return. TS shall not be liable to any delays resulting therefrom. The same applies to modifications to the flight schedule. TS reserves the right to modify the advertised and confirmed prices due to important, unforeseeable reasons, provided the travel is made more than 4 months after the conclusion of the contract.
Right to rescind: Right to rescind
The traveller may rescind from the contract in writing at any time before the start of the travel. The date of receipt of the statement of rescission at TS's is decisive.
Should the traveller rescind from the travel contract or not
begin the travel without prior statement of rescission, he/she is to bear the following costs: up to 45 days before start of travel 30%, from day 44 to 30 before the start of travel 40% of the travel price per person; from day 29 to 22 before the start of travel 50% of the travel price per person, from day 21 before the start of travel 60% of the travel price per person, from day 8 before start of the travel 80% of the travel price per person, on the departure day 100% of the travel price per person. For rebookings made until 45 days before the start of travel, a rebooking fee of 50 Euro per person shall be charged. Any later modifications shall be considered as a rescission from contract and subsequent booking. Should you rescind from the contract you may name a substitute provided you accordingly notify TS. In case of a substitute a fee of 55 Euro plus any expenses incurred in telephone calls, faxes, telegrams shall be charged. TS may rescind from the travel contract before the start of the travel or terminate the travel contract after the start of the travel in any of the following cases: without notice, if the traveller is in breach of the contract or repeatedly disturbs despite warning. If TS terminates the contract, TS is entitled to the full travel price minus the value of the services not having been rendered.
If the conduct of travel is aggravated, endangered or impaired due to circumstances not foreseeable at the time the travel contract was entered into – such as but not limited to: war, riots, strike, epidemics, governmental decrees, catastrophes, defect of transport means – TS shall be entitled to cancel the travel. In turn, the guest shall be entitled to the same provided he/she furnishes a document confirming any such statement issued by the responsible body or governmental authority. When rescinding from the travel for any of the aforementioned reasons before the day of travel, the travel price paid will be repaid to the guest. The traveller is not eligible to any further compensation. Should the aforementioned reasons arise after the start of the travel, both parties are entitled to terminate the contract. TS will take any measure necessary to bring the guest back home provided the reasons having led to the termination of contract do not prevent TS from doing so. If the contract is terminated for the aforementioned reasons any claim for compensation shall be limited to the reimbursement of the expenses incurred in the services rendered. Any additional costs resulting from actions having become necessary are to be borne by the traveller up to a maximum amount of 30% of the travel price but minimum 260 Euro. An insurance covering the costs of the cancellation of a journey is not included in the travel price. TS highly recommend taking out such insurance when booking the travel.
Liability on behalf of TS:
We shall be liable to the extent of the diligence of a responsible businessman for:
1. the careful and thorough preparation and processing of the travel,
2. the careful selection and monitoring of the service providers,
3. the accuracy of the performance specifications,
4. the diligent rendering of the services contractually agreed on to the extent common in the country and city/village of destination,
5. eany failure to meet the contractual obligations on behalf of the person entrusted with the performance under this contract at the destination to the extent prescribed by the regulations applicable at the place of performance.
In the event of special flights we shall be liable for the proper rendering of the air carriage service together with the contractual airline to the extent defined by the civil aviation act and the respective international liability agreement (Warsaw, Guadelarja). This liability shall, however, be limited to the amount stipulated by the German Law. Our liability shall be excluded or limited to the extent it has been excluded or limited by law for services to be rendered by our contractual performer. Any claims resulting from this travel contract expire 6 months, claims for damages resulting from unauthorized acting 3 years after the contractually agreed on end of travel.
Warranty: If a travel service is not rendered or not rendered in the contractually agreed on form, the traveller is entitled to claim remedy. Should the non-contractual performance be attributable to circumstances having arisen after the contract has been entered into and should these circumstances not have been caused by TS in breach of good faith, TS is entitled to grant relief by rendering services of equal or higher value. The guest is entitled to refuse the replacing service if the service is unreasonable for good and comprehensible reasons, especially, if the overall design of the travel would be substantially impaired. If we, upon your petition for relief, fail to render the travel service or do not render it to extent the contractually agreed on, any possible redhibition shall be calculated on the difference in value between the booked and received travel service. Should the non-performance render the conduct of the travel unreasonable, you are entitled to terminate the contract by written notification of TS. The termination of contract does not represent a waiver of your right to be returned and you shall liable to compensate us for all services employed, provided any such service was not completely invaluable for you. Should we culpably infringe any obligation entered into under this contract, we covenant to compensate you for any damages resulting from any such infringement. Should the conduct of the travel be rendered impossible or considerably impaired, you are entitled to reduce the travel price or terminate the contract and you are eligible to compensation of the damage incurred in the travel.
Duty to cooperate: The traveller covenants to do whatever reasonable to eliminate any possibly arising deficiencies in performance and to limit any damage resulting therefrom to an absolute minimum. In case of any justified claims for which we are to assume liability, please contact our agency immediately: Viajes de la Luz, S.A., Avda Miramar, 118, 07871 Es Pujols, Formentera, phone ++34 - 9 71 - 32 19 94, fax ++34 - 9 71 - 32 19 95. The agency has been instructed to immediately provide relief to the extent possible. It is, however, not entitled to accept any claims for damages or redhibitions. Should our local agency be not contactable or should it be unable to eliminate the deficiency in performance any claims must be immediately reported in writing to TS already at the holiday location. To protect your rights, any damages to the luggage must be reported to the transport company immediately after assessment. The transport company is obliged to issue a certificate confirming the damage. Should the traveller fail to meet these obligations, he/she waives his/her claims. Claims against TS must be brought forward within 1 month after the contractually agreed on end of travel. The date of receipt of any such written claim at TS's is decisive.
Passport, visa, customs, currency, and health regulations:
The traveller covenants to comply with all regulations on passport, visa, customs, currency, and health issues. Should you be a foreigner or own an alien passport, you may be required to comply with different regulations. Please inform yourself on any such regulations by contacting the respective embassy or consulate. We will inform you to the best of our knowledge assume, however, no guarantee for the correctness of any such information. All costs and disadvantages attributable to the non-compliance with these regulations are to be borne by you even if the emerging provisions are met after booking your travel or if a visa is not issued in due time this is treated as a withdrawal from the travel contract with costs.
General: We reserve the right to correct any processing or calculation errors. The information was correct at the time the side was published in October 2010. The voidness of individual provisions of this travel contract do not result in the voidness of the reMayning provisions. The same applies to the present Terms and Conditions of travel. Oral understandings shall be exclusively valid if having been confirmed by us in writing. Information of any kind is provided to the best of our knowledge; we assume, however, no guarantee for any such information provided. By publishing the content included becomes binding. Düsseldorf is the place of provision and performance.
A travel security insurance is included in the prices. We highly recommend taking out an insurance covering the costs of the cancellation of a journey and/or a travel protection package of the Europäischen Reiseversicherung AG.
As of September 2010
