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Stadt Celle
General Business Terms and Conditions
Our general terms and conditions for tours are supplementary to §§ 651a ff. BGB.
They are exclusively used for tour agreements in accordance with §§ 651a ff. BGB made with the Tourismus Region Celle GmbH as the tour operator. These terms do not apply if hotel rooms or private rooms, holiday flats or holiday houses have merely been arranged by the reservation service of the Tourismus Region Celle GmbH.
As far as the above-mentioned reservations are concerned, we refer expressly to the Agent’s Terms and Conditions on page 5 in this brochure.
1. Booking and Confirmation
1.1 Your booking constitutes a binding offer to enter into a contract with us.The booking can be in writing or by telephone.
1.2 The booking agent is jointly responsible with the tour participants for theobligations of the person booked by him/her.
1.3 The tour agreement, with the reservation of the following terms regarding price, becomes binding for us once we have confirmed tour booking and tour price in writing.
1.4 Should the contents of the tour confirmation deviate from those of the booking, the deviating contents of the confirmation become binding for both the traveller and us,if you do not withdraw from the contract within 10 days.
2. Payment
2.1 Payment of the tour price prior to the tour commencement may only be demandedand accepted against the issue of a Security Certificate according to § 651 k BGB.The Security Certificate will be sent or handed to you together with the tour confirmation/invoice. 2.2 A payment of 100 % of the tour price is due within at least 21 days prior to the scheduled day of arrival payable into our business account as stated.
3. Service and Price
3.1 The extent of the contractual service is as stated in the catalogue or as stated in thetour confirmation.
3.2 The tourist is not automatically entitled to a reimbursement.
If a tourist does not make use of certain tour services due to premature departure or other important reasons,we will attempt to have the service provider make a refund of unexpended costs. If official, legal or tarif regulations preclude a refund, or if the service is immaterial, no refund will be made. We are entitled to 20% (at least M 25,-) of the refunded amount as a processing fee.
4. Change of Service and Price
4.1 Should it become impossible to perform certain essential services, we will inform you of the changes immediately if possible, provided that changes are not merely of a minor nature.
4.2 Deviations of certain tour services from those stipulated in the tour agreement are permissable if they prove to be necessary after the contract becomes effective and are initiated by the service provider in good faith, to the extent that the changes do not diminish the total tour concept. The changed service will replace the originally stipulated service.
4.3 We reserve the right to increase the price as stipulated in the tour agreement in accordance with increases in transport costs or additional charges such as port or airport taxes or a fluctuation in exchange rates for the tour concerned. An increase is only admissible if more than 4 months have elapsed between the completion of contract and the commencement of the tour and the circumstances responsible for the increase did not occur prior to the tour agreement, or were not foreseeable by us at the time of the agreement. In the case of a price alteration after the agreement, you will immediately be informed of the details regarding the calculation of the new tour price. Price increases from the 20th day prior to the tour commencement are ineffective. If the price increase is more than 5 %, you are entitled to withdraw from the tour agreement without charge or to ask for an alternative tour corresponding at least in price to the tour agreed, providing we are able to offer such a tour without extra charge. Claims must be made immediately after being notified of the price increase.
5. Withdrawal by the Customer
5.1 You may withdraw from the tour at any time. For your own protection and to avoid any misunderstanding we recommend withdrawal in writing. Withdrawal notification must be received within usual business hours (Monday to Friday).
5.2 Cancellation fee: If we are not responsible for the withdrawal,the following cancellation fees apply:
- 43 days or more before tour commencement 10 % of the tour price,
- from 42nd to 29th day before tour commencement 40 % of the tour price,
- from 28th to 7th day before tour commencement 50 % of the tour price,
- from 6th day to one day before tour commencement 80 % of the tour price
In the case of a tour cancellation, the tourist is allowed to prove minor damage or damage that has not ocurred in comparison to the claimed cancellation fee.
5.3 In the case of booking alterations, we reserve the right to pass on to you all costs charged to us from a third party plus a processing fee. For booking alterations or other changes up to 30 days before tour commencement, M 25,- will be charged per person (package bookings: € 50,-).
5.4 Furthermore, a withdrawal on our part is permissable in unusual cases, if unforeseeable, extraordinary circumstances (e.g. strikes, natural catastrophes, act of God and the like) would render performance of the tour difficult, dangerous or impaired.
6. Liability
6.1 We are responsible for careful tour preparation, selection and monitoring of service providers, the accurate description of the tour services listed in the catalogue and the proper service performance consistent with the ordinary care obligations of a regular merchant.
6.2 We are liable for faults of the person responsible for the performance of the service. Our liability is limited according to 6.3.
6.3 Our contractual liability is limited to three times the tour price if the damage (except physical damage) to the tourist was caused neither deliberately nor through gross negligence, or if we are liable for the damage to the tourist caused solely through the fault of a service provider.
6.4 The claim for damages against us is excluded or restricted if due to national or foreign legal rules which are applicable to the performance of the service provider, the liability of the latter is also excluded or restricted.
6.5 We are not liable for disruption to service in the care of service providers arranged by us. The carrier is responsible, we are not. 6.6 We are not liable for damages caused by delays.
7. Guarantee
7.1 In the case of performance disruption the tourist is obliged to do everything possible to contribute to the rectification of the disruption and to limit damages that may occur. Should you have against all expectation reason to complain, you should notify the local tour guide immediately. If a local tour guide or a commissioned local agency is not available or cannot be reached, or the tour guide or the agency are unable to mitigate the disruption, please contact the service provider (hotel operator etc.) and finally us, in case we are the tour organizer. We can be reached on workdays by telephone on +49 (0)5141/1212.
7.2 Should a traveller not fulfill this obligation, he cannot claim any damages in this respect. Tour guides and agents are not entitled to recognize any kind of claims.
8. Exclusion of Damage Claims, Statute of Limitation
8.1 Any potential damage claims should be made within one month of the scheduled termination of the tour to the organizer or the service provider in accordance with § 651g BGB. The notification should be made in writing by registered mail for your own protection.
8.2 Any damage claims for non-performance are subject to a six-month statute of limitation. The six months begin with the scheduled last day of the tour as stipulated in the agreement.
9. Passport, Visa, Customs, Currency and Health Regulations
The traveller is solely responsible for the compliance with passport, visa, customs, currency and health regulations.
10. The Traveller
is responsible for all disadvantages which may arise from not complying with the regulations, even if the regulations have been changed after the booking of the tour.
11. General
11.1 We reserve the right to correct errors, misprints and miscalculations.The current print is effective for all information.
11.2 Should certain provisions of the agreement be ineffective, this does not render the entire agreement ineffective. The same applies for the present business terms and conditions.
11.3 For your own protection we recommend a travel cancellation insurance.
12. Jurisdiction
12.1 Celle is the jurisdiction for merchants, for persons without a general jurisdiction in Germany, as well as for persons who change their residence or their usual abode to a place abroad or whose residence or usual abode at the time of filing the action is not known.
12.2 Place of performance is also Celle.
12.3 All declarations required in accordance with tourism regulations before the tour begins or after it ends should be dressed to: Tourismus Region Celle GmbH, Markt 14 – 16, 29221 Celle
© 2004 Tourismus Region Celle GmbH
Agent’s Terms and Conditions
The accommodation service for hotel rooms and private rooms as well as for holiday flats and holiday houses is carried out by the reservation service of the Tourismus Region Celle GmbH. The Tourismus Region Celle GmbH is neither a tour operator according to §§ 651a ff. BGB nor party to the tour or accommodation contract.
The contract is directly with the accommodation provider.
The Tourismus Region Celle GmbH is only responsible for its intermediary services.
Liability is restricted to cases of intent and gross negligence. Court of jurisdiction is Celle.
You can find our General Business Terms and Conditions on page 162
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