Besondere Reisen - Irland, Mexiko und das rote Meer entdecken

AGBs TRAVEL


The company Blaubeerwald journeys - appears both as mediators of journeys of strange service providers, and as organizers of own journeys.

A. Travel agency

1. subject of the contract
With the order for the mediation of a travel service and the acceptance of this order by Blueberry Forest, a contract of agency between the customer and Blueberry Forest comes into effect according to § 675 BGB.

2. conclusion of contract
No specific form is required for the conclusion of an agency agreement; for reasons of proof, the agreement reached is usually signed.

3. information, references
According to § 676 BGB (German Civil Code), there is no liability for the correctness of information or advice given. This does not apply if a special information contract has been concluded.

4. obligations of the Blueberry Forest
Payments made by the customer must be used for their intended purpose without delay. Blueberry Forest is obligated to inform the customer about significant circumstances that affect the mediated service, the service provider or the tour operator, as far as Blueberry Forest can reasonably and possibly be expected to do so.

5. payment
If Blueberry Forest is entitled to accept advance payments according to the travel and payment regulations of the tour operator or service provider, it will use these payments as intended. Advance payments for travel services in the sense of § 651 a BGB may only be accepted against the issue of a security certificate.

6. remuneration
For the procurement of package tours and other services offered by tour operators, service fees may be charged. No service fees are charged for the procurement of travel services from third parties or for other services for customers (subject to change).

7. travel documents
Just like Blueberry Forest, the customer is obligated to check the received documents and information of the service provider or tour operator immediately after receipt for conformity with the placed order. The customer is obligated to inform Blueberry Forest immediately of any deviations, missing documents or other discrepancies. The travel documents will be sent to the customer immediately after being made available by the tour operator or service provider or handed over in the business premises of Blaubeerwald. The sending of the travel documents by mail is at the exclusive risk of the customer. Blaubeerwald is not obliged to replace lost or mislaid travel documents free of charge. This does not apply if he is responsible for this.

8. liability and limitation of liability
Blueberry Forest is liable for the fact that the mediation, the booking processing, the collection and the transmission of the travel documents are carried out with the care of a prudent businessman. Blueberry Forest is not liable for a contract with the tour operator or service provider corresponding to the booking order. The success of the mediation itself is therefore not owed. Blaubeerwald is only liable for its own area of responsibility within the framework of the mediation activity, i.e. for mediation errors committed by itself or its employees or its vicarious agents, such as incorrect advice or booking with third parties not in accordance with the order.

9. entry and health regulations
The customer is solely responsible for compliance with all regulations important for the execution of the trip. Unless the organizer informs the customer about passport, visa and health regulations as well as possible changes to these before the start of the trip, the customer is responsible for this himself. All disadvantages, in particular the payment of cancellation costs arising from non-compliance with these regulations, shall be borne by the customer. Blueberry Forest is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation, if the customer has commissioned Blueberry Forest with the procurement, unless Blueberry Forest is responsible for the delay.

10. preclusion period, statute of limitations
The customer has to assert all claims from the mediation contract, regardless of the legal basis, against Blaubeerwald within one month after the end of the trip as contractually agreed with the tour operator or service provider. Claims against Blueberry Forest are not void in the event of failure to meet the deadline if the timely assertion of the claim is not due to no fault of the customer. Contractual claims against Blueberry Forest expire in six months from the contractual return date. If the customer has asserted such claims in due time, the statute of limitations is suspended until the day that Blueberry Forest rejects the claims in writing.


B. Travel arrangement


1. conclusion of the travel contract
With the registration, the customer offers Blueberry Forest Travel the conclusion of a travel contract bindingly. The registration can be made in writing, orally or by telephone. It is also made by the applicant for all participants included in the registration, for whose contractual obligation the applicant is responsible as for his own obligations, provided that he has assumed a corresponding separate obligation by explicit and separate declaration. The contract is concluded with the acceptance by Blaubeerwald. The acceptance does not require a specific form. At or immediately after the conclusion of the contract, Blaubeerwald will hand over the travel confirmation to the customer. If the content of the travel confirmation differs from the content of the registration, a new offer from Blueberry Forest is available, to which Blueberry Forest is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the traveler declares acceptance within the Blueberry Forest commitment period.

2. payment
Payments on the travel price before the end of the journey may only be made against the handing over of the security certificate in the sense of § 651 k para. 3 BGB. With the conclusion of the contract a down payment can be demanded. Further payments are due on the agreed dates, the remaining payment is due at the latest when the travel documents are handed over or received, provided that the trip can no longer be cancelled for the reasons stated in 7.b) or 7.c). If the trip does not last longer than 24 hours, does not include an overnight stay and does not exceed EUR 75,-, the full price of the trip may be demanded even without handing out a security certificate.

3. services
Which services are contractually agreed upon, results from the service descriptions in the brochure and from the information referring to this in the travel confirmation. The information contained in the brochure is binding for Blueberry Forest. However, Blueberry Forest expressly reserves the right to make changes to the information in the brochure prior to the conclusion of the contract, of which the traveler will of course be informed before booking.

4. changes in services and prices
Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not caused by Blueberry Forest against good faith, are only permitted if the changes or deviations are not significant and do not affect the overall design of the booked trip. Possible warranty claims remain unaffected, as far as the changed services are defective. Blaubeerwald is obliged to inform the customer immediately about changes or deviations in services. If necessary, Blaubeerwald will offer the customer a free rebooking or a free withdrawal. Blueberry Forest reserves the right to change the advertised prices confirmed with the booking in the event of an increase in transportation costs or charges for certain services, such as port or airport fees or a change in the exchange rates applicable to the relevant trip, to the extent that their increase per person or per seat affects the price of the trip, provided that more than 4 months have passed between the conclusion of the contract and the agreed date of travel. In the event of a subsequent change in the travel price or a change in an essential travel service, Blaubeerwald must inform the traveler immediately. Price increases from the 20th day before the start of the trip are not permitted. In case of price increases of more than 5% or in case of a substantial change of an essential travel service, the traveler is entitled to withdraw from the travel contract without any fees or to demand participation in a trip of at least equal value, if Blaubeerwald is able to offer such a trip without any additional costs for the traveler from its offer. The traveler has to assert these rights immediately after the declaration of Blueberry Forest about the price increase or change of the travel service to this.

5. rescission by the customer, rebooking, replacement persons

5.1: The customer can withdraw from the trip at any time before the start of the trip. Decisive is the receipt of the declaration of withdrawal by Blaubeerwald. The customer is recommended to declare the withdrawal in writing. If the customer withdraws from the travel contract or does not start the trip, Blueberry Forest can demand compensation for the travel arrangements made and for its expenses. When calculating the compensation, usually saved expenses and usually possible other uses of the travel services are to be considered. Blueberry Forest can lump sum this claim for compensation in a percentage ratio to the travel price, taking into account the following structure according to the proximity of the time of withdrawal to the contractually agreed upon beginning of the travel:
Flight package tours with demand airlines (charter) and with scheduled airlines: 
until 35th day before departure: 15% of the travel price
from the 34th day to the 21st day before the start of the trip: 40 % of the price of the trip
from the 20th day until the 14th day before the start of the trip: 60% of the trip price
from the 13th day until the 7th day before the start of the trip: 80 % of the price of the trip
from 6th day before departure: 90 % of the travel price 
The types of travel not mentioned will be treated in accordance with the principles developed in these travel conditions with regard to the consequences of withdrawal. The traveler is at liberty to prove to Blueberry Forest that he/she did not suffer any damage or that the damage was significantly less than the flat rate he/she demanded.

5.2: If, at the request of the customer, changes are made after the booking of the trip for a date that lies within the temporal scope of the travel advertisement with regard to the date of travel, the destination, the place of departure, the accommodation or the mode of transportation (rebooking), Blaubeerwald can charge a rebooking fee per traveler if the following deadlines are met.
I. For package tours with charter airlines:
up to 60th day before departure 10% of the travel price.
II. for flight package tours with scheduled airlines:
until 60th day before departure 10% of the travel price.
Rebooking requests of the customer, which are made after the expiry of the deadlines, can, if their implementation is possible at all, only be carried out after withdrawal from the travel contract under the conditions of section 5.1 and simultaneous new registration. This does not apply to requests for rebooking that only incur minor costs.

5.3: Until the beginning of the travel the traveler can demand that a third party enters into the rights and obligations of the travel contract instead of him. Blueberry Forest can object to the entry of the third party if the third party does not meet the special travel requirements or his participation is contrary to legal regulations or official orders. If a third party enters into the contract, he and the traveler Blueberry Forest are jointly and severally liable for the travel price and the additional costs arising from the entry of the third party.

5.4: In the case of a withdrawal, Blueberry Forest can demand from the customer the additional costs actually incurred.

6. services not used
If the traveler does not use individual travel services due to early return or other compelling reasons, Blueberry Forest will seek reimbursement of the saved expenses from the service providers. This obligation does not apply if the services are completely insignificant or if a refund is contrary to legal or official regulations.

7. rescission and termination by Blaubeerwald
Blueberry Forest can withdraw from the travel contract before the start of the trip or cancel the travel contract after the start of the trip in the following cases

7.1: Without notice: If the traveler disturbs the execution of the trip despite a warning from Blueberry Forest lastingly or if he behaves in such a way contrary to contract that the immediate cancellation of the contract is justified. If Blueberry Forest terminates the contract, Blueberry Forest retains the right to the travel price; however, Blueberry Forest must have the value of the saved expenses as well as those benefits that Blueberry Forest obtains from any other use of the unused services, including the amounts credited by the service providers.

7.2: Up to 2 weeks before the start of the trip: If a minimum number of participants is not reached, if the travel invitation for the respective trip refers to a minimum number of participants. In any case, Blueberry Forest is obligated to inform the customer immediately after the occurrence of the prerequisite for the non-execution of the trip and to forward the declaration of withdrawal to the customer immediately. The customer will receive the paid travel price back immediately. Should it become apparent at an earlier point in time that the minimum number of participants cannot be reached, Blaubeerwald must inform the customer of this.

7.3: Up to 4 weeks before the start of the trip: If the execution of the trip after all possibilities have been exhausted is not reasonable for Blueberry Forest because the booking volume for this trip is so low that the Blueberry Forest costs incurred in the event of the execution of the trip would mean an excess of the economic sacrifice limit, related to this trip. A right of withdrawal of Blueberry Forest exists, however, only if Blueberry Forest is not responsible for the circumstances leading to it (e.g. no calculation error) and if Blueberry Forest proves the circumstances leading to its withdrawal and if Blueberry Forest has made a comparable substitute offer to the traveler. If the trip is cancelled for this reason, the customer will be refunded the paid travel price immediately. In addition, he will be reimbursed for his booking expenses as a lump sum if he does not make use of a replacement offer from Blaubeerwald.

8. cancellation of the contract due to extraordinary circumstances
If the tour is considerably complicated, endangered or impaired as a result of force majeure not foreseeable at the time of contract conclusion, both Blueberry Forest and the traveler can cancel the contract. If the contract is terminated, then Blueberry Forest can demand appropriate compensation for the travel services already provided or still to be provided for the termination of the trip. Furthermore, Blueberry Forest is obliged to take the necessary measures, especially if the contract includes the return transportation, to transport the traveler back. The additional costs for the return transport are to be borne by the parties half each. Otherwise, the additional costs shall be borne by the traveler.

9. liability of Blueberry Forest

9.1: Blueberry Forest is liable in the context of the due diligence of a prudent businessman for
- 1. the conscientious travel preparation;
- 2. the careful selection and supervision of the service provider;
- 3. the correctness of the description of all travel services stated in the catalogs, unless Blaubeerwald has declared an alteration of the information in the brochure prior to the conclusion of the contract in accordance with clause 1;
- 4. the proper provision of the agreed travel services.

9.2: Blaubeerwald is liable for any fault of the person entrusted with the provision of services.

9.3: If within the scope of a trip or in addition to this, a transport in regular service is provided and the passenger is issued a corresponding ticket for this purpose, then Blueberry Forest provides external services to this extent, provided that Blueberry Forest expressly refers to this in the travel invitation and in the travel confirmation. Blueberry Forest is therefore not liable for the provision of the transport service itself. In this case, any liability is regulated by the transport regulations of these companies, to which the traveler must be referred to in detail and which must be made available to him/her upon request.

10. warranty

10.1: Remedy
If the trip is not provided in accordance with the contract, the traveler can demand redress. Blueberry Forest can refuse the remedy if it requires a disproportionate effort. Blueberry Forest can also remedy the situation in such a way that it provides an equivalent substitute service. Blueberry Forest can refuse the remedy if it requires a disproportionate effort.

10.2: Reduction of the travel price
For the duration of a non-contractual provision of the tour, the traveler can demand a corresponding reduction of the tour price (reduction). The travel price is to be reduced in the proportion in which the value of the trip would have been in a defect-free condition to the actual value at the time of sale. The reduction does not occur if the traveler culpably fails to report the defect.

10.3: Termination of the contract
If a trip is significantly impaired as a result of a defect and Blueberry Forest does not provide any remedy within a reasonable period of time, the traveler can terminate the travel contract within the framework of the legal provisions - in his own interest and for reasons of preservation of evidence, expediently by written declaration. The same applies if the traveler cannot be expected to accept the trip as a result of a deficiency for an important reason recognizable to Blueberry Forest. The determination of a deadline for the remedy is only not necessary if remedy is impossible or is refused by Blueberry Forest or if the immediate termination of the contract is justified by a special interest of the traveler. He owes Blueberry Forest the part of the travel price for the services used, if these services were of interest to him.

10.4: Compensation
The traveler can demand compensation for non-performance without prejudice to the reduction or termination, unless the deficiency of the trip is due to a circumstance for which Blueberry Forest is not responsible.

11. limitation of liability

11.1: The contractual liability of Blueberry Forest for damages, which are not personal injuries, is limited to three times the travel price:
- I: as far as a damage of the traveler is caused neither intentionally nor grossly negligent or
- II. as far as Blueberry Forest is responsible for a loss incurred by the traveler solely due to the fault of a service provider.

11.2: The organizer is liable for all claims for damages against the organizer in tort, which are not based on intent or gross negligence, for property damage up to EUR 4.100,-; if the triple tour price exceeds this amount, the liability for property damage is limited to the amount of the triple tour price. These maximum liability sums apply per traveler and trip.

11.3: Blueberry Forest is not liable for service disruptions in connection with services, which are merely mediated as external services (e.g. sporting events, theater visits, exhibitions, etc.) and which are expressly marked as external services in the travel invitation to tender.

11.4: A claim for damages against Blueberry Forest is limited or excluded to the extent that due to international agreements or legal regulations based on such, which are applicable to the services to be provided by a service provider, a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions.

11.5: If Blueberry Forest has the position of a contractual air carrier, liability is regulated according to the provisions of the Air Traffic Act in connection with the International Agreements of Warsaw, The Hague, Guadalajara and the Montreal Agreement (only for flights to the USA and Canada). These agreements generally limit the Carrier's liability for death or personal injury and for loss of and damage to baggage. If Blueberry Forest is a service provider in other cases, Blueberry Forest is liable according to the regulations applicable to them.

12. obligation to cooperate
The traveler is obligated to cooperate within the framework of the legal regulations in the event of service disruptions, to avoid possible damages or to keep them low. The traveler is especially obliged to immediately inform the local tour guide of his complaints. The local tour guide is instructed to provide remedy, if this is possible. If the traveler culpably omits to report a defect, a claim for reduction does not arise.

13. exclusion of claims and limitation of time
Claims due to non-contractual provision of the trip must be made by the traveler within one month after the contractually agreed termination of the trip to Blaubeerwald. After the expiration of the deadline, the traveler can assert claims if he or she was prevented from meeting the deadline through no fault of his or her own. Claims of the traveler in accordance with §§ 651 c to 651 f BGB expire in one year. The statute of limitations begins with the day on which the trip should end according to the contract. If negotiations are pending between the traveler and Blueberry Forest about the claim or the circumstances justifying the claim, the limitation period is suspended until the traveler or Blueberry Forest refuses to continue the negotiations. The statute of limitations occurs at the earliest 3 months after the end of the suspension.

14. passport, visa and health regulations
Blueberry Forest is responsible for informing citizens of the country in which the tour is offered about passport, visa and health regulations as well as any changes to these regulations before the start of the tour. For citizens of other countries, the responsible consulate provides information. Blueberry Forest is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation, if the traveler has commissioned Blueberry Forest with the procurement, unless Blueberry Forest is responsible for the delay. The traveler is responsible for the compliance with all regulations important for the implementation of the trip itself. All disadvantages, in particular the payment of cancellation costs resulting from the non-compliance with these regulations, are at his expense, except if they are caused by culpable misinformation or non-information by Blueberry Forest.

15. invalidity of individual provisions
The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract.

16. place of jurisdiction
The traveler can sue Blueberry Forest only at its seat. For actions of Blueberry Forest against the traveler, the residence of the traveler is decisive, unless the action is directed against registered traders or persons who have moved their residence or habitual abode abroad after the conclusion of the contract, or whose residence or habitual abode is unknown at the time of the filing of the action. In these cases the domicile of Blaubeerwald is decisive.

 

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