|Travel conditions / Terms and conditions|
1. REGISTRATION AND CERTIFICATION?
1.1 After receipt of the travel request Klosterreisen-Tina Esch creates an offer and sends it to the customer. The contract starts to exist when the declaration acceptance of the client is received by Klosterreisen-Tina Esch within the mentioned deadline of the tender letter.
1.2 The customer receives by mail a travel certification and the Insolvency insurance policy according to §651 k Civil Code.
2. PAYMENT CONDITIONS?
2.1 With the travel confirmation and the insolvency insurance policy the customer receives the invoice. The stated payment of 10% is due immediately.
2.2 The final payment is due 4 weeks before travel beginning. After payment of the whole amount the customer receives at the latest 2 weeks before travel beginning the travel documents.
2.3 With short-term registrations within 4 weeks before the travel beginning the whole travel price is immediately due.
2.4 If a flight service was added next to the travel then the amount for the flight is immeditately due with the receival of the invoice.
3.1 Which services are agreed by contract is created by the services descriptions and the relating information in the travel confirmation.
3.2 The information for the destination area information sent with the travel confirmation to the respective journey is created with the best knowledge and conscience. Because, however, single regulations or partial aspects of the journey can change, no guarantee can be taken for the all-year validity of this information.
4. SERVICE UPDATES AND PRICE CHANGES
4.1 Change or deviations from single travel services contract end and those of cloister traveling– Tina Esch were not caused against Faithfully and belief, are only permitted, as far as the updates and deviations are not considerable and do not impair the whole cutting and character of the booked trip. Possible guarantee claims remain untouched, as far as the changed capacities with defects are afflicted. Cloister traveling– Tina Esch is obliged to inform the customer about capacity updates or capacity deviations immediately.
4.2 Klosterreisen - Tina Esch can after completion of the contract demand price increases up to 5% of the overall travel price, when it is provable and only after the completion of the contract in fact happening an increase of transport costs, the expenses for certain services such as harbour or airport fees, or a change in the for the travel concerning exchange rates to be paid. On the mentioned conditions relying price increases are only as far vaild as much the increase coming from the transport, fee or exchange rate part in fact calculated has an effect on the travel price. An increase of the travel price is only valid when there are more than 4 months between the completion of the contract and the travel date.
4.3 In case of an afterward change of the travel price or a change of an essential travel service Klosterreisen - Tina Esch needs to inform the traveller immediately about this. Price increases from the 20th day before beginning of travel are not valid. With price increases of more than 5% or in case of a considerable change of an essential travel service is the traveler entitled to withdraw from the travel contract without fees or to require the participation in an at least equivalent trip if the tour operator is able to offer such a travel without any extra charge for the traveller.
4.4 The traveler has to assert these rights immediately after the explanation of the tour operator about the price increase or the change of the travel sercvice in written form or per email.
5. RESIGNATION BY THE TRAVEL GUEST, TRANSFER POSTINGS, SPARE PERSONS
5.1 The traveler can anytime before the beginning of travel step back from the travel contract. Decisive is the access of the resignation explanation with Klosterreisen - Tina Esch. The resignation must be explained to Klosterreisen - Tina Esch in written form. All travel documents are to be added to the resignation explanation. Relevant entries on booking invoices (Paying in form, bank credit transfer.) are not valid.
5.2 If the travel steps back from the travel contract or doesn't begin the journey, then the travel operator can demand compensation for the made travel provistion and for his expense. For the calculation of the suplements are considered usual saved expenses and usual possible other uses of the travel service. The travel operator can generalise this supplement demand with regard to the following outline of the proximity of date of the resignation to the contractual agreed beginning of travel in a procentual relation to the travel price:
- until the 100th day before travel beginning: 10% of the travel price
- from 99th to 50th day before the travel beginning: 20% of the travel price
- from 49th to 30th day before the travel beginning: 45% of the travel price?
- from 29th to 15th before the travel beginning: 55% of the travel price?
- from the 14th day before the travel beginning: 90% of the travel pri
In addition the tour operator can demand from the customer in case of a resignation the factual resulted add-on costs. It is open to the customer, to prove the travel operator that no or a lower damage has arisen then the flat rate demanded by the travel operator. Klosterreisen - Tina Esch recommens the completion of a travel resignation insurance.
5.3 It is pointed out that the no show of a travel without an explicit resignation statement is noct valid as a resignation of the travel contract, but in this case the travel guest is obliged to the full payment of the travel price.
5.4 Changes (in booking) in regard to the travel date or travel destination, the place of the travel beginning, the accomodation or the means of transportation will, in case they are at all possible, be calcluated with a handling fee of 30 Euros. Wishes in the change that are carried out later than 30 days before travel beginning can only be carried out after the resignation of the travel contract in regard to the lapse condidtions and a new registration at the same time.
5.5 Until the travel beginning the traveller can demand that instead of him a third person can use the rights and duties of the travel contract and to participate at the travvel. For the upcoming additional costs through the change of booking the original traveller is responsible. In addition to the additional costs Klosterreisen - Tina Esch charges a handling fee of 30 Euros. The travel operator can disagree to the participation of a third if he is because of factual reason not able for the special travel demands or his participation is opposed to law regulations or governmental orders.
6. SERVICES NOT CLAIMED
6.1 Does the travel participant not use single travel services in case of a early return journey or other imperative reason, then Klosterreisen - Tina Esch will try from the services providers to get a refund for the spared expenses. This responsibility is not vaild when it is the case of completely irrelevant services or when a refund is opposed to law or govermental regulations.
6.2 In as far travel participant choose a different than the booked accomododation, catering or means of transportation or totally abstain from the arranged services, no refund will take place.
7. RESIGNATION OR CANCELLATION BY THE TRAVEL OPERATOR
The travel operator can in following cases resignate from the travel contract before beginning of travel or cancel the travel contract after the beginning of travel:
7.1 Without keeping the deadline out of an important reason in regard to the § 643 BGB when the traveler disturbs without noticing the warning of the travel operator the travel operation in the long term or when he displays a behaviour contrary to the contract that the immediate abolition of the contract is vaild. This applies specifically when the client does not meet the special demands of the travel according to the statement because of health impairments. The travel guide or the local representatives of Klosterreisen - Tina Esch are after a warning authorized to a declaration of a cancellation. Does the travel operator cancel because of an important reason, then he keeps the claim on the travel price, he has to have calculated though the value of the saved expenses as well as these advantages, that he receives from another service of the not used service, including the amounts of the service providers.
7.2. Until 3 weeks before travel beginning with not reaching of a stated or governmental regulated minimum number of participants when in the travel statement for the according travel a minimum number of participants is stated. The client will be informed immediately after the beginning of the vorrausetzung for the nichtdurchfuehrung of the travel and immediaetely receives the paid travel price. Further demands of the client are not accepted.
8. CANCELLATION OF THE CONTRACT DUE TO SPECIAL CONDITIONS
8.1 If the travel is made very difficult , dangered, or influenced at time of travel contract through not foreseen higher forces (for example nature catastrophes, earthquakes) so can Klosterrreisen - Tina Esch as well as the traveller cancel the contract. If the contract is cancelled then Klosterreisen - Tina Esch can require for the already realised or at the finish of the travel to be realised travel services an appropiate compensation. Furthermore Klosterreisen - Tina Esch is obliged to carry out the necessary means, especially when the contract includes the return transportation, to transport the traveller back. The additional costs for the return transport are to be paid to a half by each party. The additional costs are on the lasten of the traveller.
9. LIABILITY OF THE TRAVEL OPERATOR
9.1 The liability of Klosterreisen - Tina Esch in regard to the client is limited to damages, that are not bodily damages, on the threefold travel price, in as far the dama of the client was created neither deliberate nor grossly negligent. This also accounts for the situation when the damage of the client was caused by a sole default of a service provider.
9.2 Klosterreisen - Tina Esch isn't liable for foreign service disruptions that were arranged and in the service description stated as those, but only for the correct arrangement of these services (e.g sport events, theater visits, exhibitions, additional walks, viewing etc.).
9.3 With the arrangement of flight travels at which Klosterreisen - Tina Esch has the position of a contractual air carrier, the liability is regulated according to the regulations of the air carriers as well as the air traffic laws in connection with the international agreemnts of Warsaw, Guadalajara and Montreal. The agreements usually limit the liability of the air carrier for death and bodily injury as well as for loss and damage of baggage. In as far Klosterreisen - Tina Esch is the service provider in other cases, she is liable according to the regulations of the these agreements.
9.4 Klosterreisen - Tina Esch isn't liable for bodily or mental damages that are to be accounted for by the traveler himself due to preexisting illnesses and the disregard of the recommendation in issue 15 of the travel conditions.
10.1 If the travel service is not provided according to contract then the traveller can demand remedy. Klosterreisen - Tina Esch can deny a remedy when the traveller demands an inappropiate expense. Klosterreisen - Tina Esch can also provide remedy in such a way that an equal compensation service is carried out.
10.2 For the period of a not contractual service of a travel the traveller can demand an appropiate reduction of the travel price. (reduction). The travel price is to be reducted in the relation to which the travel value would have been at the time of sales in a state free of defects to the real value. The reduction is not carried out in as far the traveller fails culpably to report the defects.
10.3 If a travel is affected considerably by a defect and Klosterreisen - Tina Esch doesnt provide any compensation within an adequate period, then the travel can within the frame of the law regualutions cancel the travel contract - in his own interest ans for argument security by a written statement. This same is valid when the travel is not to be expected of the traveler through a defect with an important reason, not realised by the travel operator. The regulation of a deadline for the compensation is not only useless when compensation is impossible or is denied by Klosterreisen - Tina Esch or when the immediate cancellation of the contract is justified by a special interest of the traveler. He owes to Klosterreisen - Tina Esch the part of the travel price with the services that were used by him, in as far these services were of interest to him
10.4 The traveller can unharmed by the reduction or the cancellation, demand compensation because of nonperformance, with the exception that the defect is created by a condition that Klosterreisen - Tina Esch is not liable for.
11. OBLIGATION TO CO-OPERATE
11.1 The traveler is obliged to do anything possible in case of arising service disruptions, to help the elimination of the disruption and to keep marginal the created damage for all parties.
11.2 The traveller is especially obliged to report his claims immediately to the local travel service and the local representative of Klosterreisen - Tina Esch. The local representative is ordered to arrange compensation, in as far this is possible. If in case no travel service is not available on site, then the travel operator is to be contacted at his place of business.
11.3 If the traveler fails culpably to report a defect, than the demand of a reduction is not carried out.
12. EXCLUSION OF DEMANDS AND LIMITATION
12.1 The traveller has to claim demands to Klosterreisen - Tina Esch due to non contractual provision of the travel within a month after the contractual designed completion of the travel. After the expiration of the period the trveller can only claim demands, if he was hindered at observance of a time limit without his own fault. In the traveler's own interest the claim should be carried out in written form. Decisive for this is the receipt at Klosterreisen - Tina Esch. For later incoming demans any is liability is excluded.
12.2 Demans of the traveler according to the §§ 651 c till 651 f BGB are prescribed within one year. The presciption starts with the day, at which the travel according to contract should end. Are any negotiations active between the traveller and the travel operator about the demand or the demand causing conditions, than the prescription is inhibited until the traveler or the travel operator denies the coninuance of the negotiations. The prescription beginns earliest 3 moths after the end of the inhibition.
13. PASSPORT-, VISA-, AND HEALTH REGULATIONS
13.1 The travel operator is obliged to inform German citizens about the regulations of the passport-, visa-, and health regulations as well as their eventual cahnges before the beginning of travel. For citizens of other countries the responsible consulates provides the information.
13.2 For the observation of passport-, entry-, vaccination, foreign currency- and custom regulation every travel participant who posesses a valid pass (national identity card, travel passport) - in case with visa - is responsible for himself. All disadvantages, especially the payments of the cancellation that are created by the nonobservance of the these regulations are at the expenses of him, except when they are caused by the culpable mis- or non information of Klosterreisen - Tina Esch.
14. INVALIDITY OF SINGLE REGULATIONS
14.1 In as far a regulation of the travel contract or of the travel conditions should be invalid, the rest of the travel contract stays valid.
15. IMPORTANT REGULATIONS FOR THE STAY IN A MONASTERY
15.1 Bodily demands. The stay in a monastery to experience its daily life and to meditiate demands mental stability and the readiness to conform to the rules and local conditions. Persons with bodily limitations or psychical preexisting illnesses should before beginning of a meditation travel consult a physician.
15.2 The statements in the description of services and in the travel contract to the bodily demands and the behaviour regulations for the stay in a monastery are carried out to best knowledge, but without warranty.
16. JURISDICTION for claims of the client against Klosterreisen - Tina Esch is Hannover, Germany.
The published travels on these sites are operated by Klosterreisen - Tina Esch.
Contact address:Klosterreisen · Tina Esch · Geibelstr. 17 · 30173 Hannover?Hannover, Juli 2008