Conditions
At this point we would like to inform you about our general terms and conditions, which supplement the legal provisions of §§ 651a-y BGB and, if effectively agreed, are part of the package travel contract concluded between you and us. Please take your time and read the conditions carefully.
If you have any questions, we will be happy to answer them.
1.2. The booking can be made in writing, orally, by telephone, by SMS or electronically (e-mail, Internet).
1.3. The customer is responsible for all contractual obligations of fellow travelers for whom he makes the booking as for his own, insofar as he has accepted this obligation through an express and separate declaration.
1.4. The contract is concluded upon receipt of the booking confirmation (declaration of acceptance) by the tour operator. It requires no specific form. At or immediately after the conclusion of the contract, the tour operator will send the customer a travel confirmation on a durable medium.
1.5. If the content of the tour operator's declaration of acceptance deviates from the content of the booking, a new offer from the tour operator is available, to which he is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the customer declares acceptance to the tour operator within the commitment period by means of an express declaration or a deposit.
1.6. In the case of bookings in electronic business transactions (e.g. Internet), the following applies to the conclusion of the contract: The customer is guided through the booking process step by step. He has a corresponding correction option available to correct his entries, to delete or to reset the entire online booking form.
By clicking on the "book with obligation to pay" button, the customer makes a binding offer to the tour operator to conclude the travel contract. The transmission of the booking (travel registration) by pressing the button "Book with obligation to pay" does not justify the customer's claim to the conclusion of a travel contract in accordance with his booking (travel registration). The contract is concluded when the customer receives the booking confirmation from the tour operator, which is sent on a permanent data carrier.
2.1. Tour operators and travel agents may only request or accept payments on the travel price before the end of the trip if the security certificate has been handed over to the customer. After the conclusion of the contract, a deposit of 20% of the travel price is due for payment upon delivery of the security certificate, which must be paid within 7 days of receipt of the invoice.
2.2. The remaining payment is due 28 days before the start of the trip, provided that the security certificate has been handed over and the trip can no longer be canceled for the reason stated in Section 6. In the case of short-term bookings (less than 4 weeks before the start of the trip), the travel price is due immediately upon delivery of the travel documents.
2.3. If the customer does not make the down payment and/or the final payment in accordance with the agreed payment terms, the tour operator is entitled, after a reminder with a deadline, to withdraw from the travel contract and to charge the customer with cancellation costs in accordance with Section 4.2 sentences 2 to 4.5.
3.1. Deviations from essential travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and were not brought about by the tour operator in bad faith, are permitted as long as the deviations are not significant and do not affect the overall design of the trip.
3.2. Any warranty claims remain unaffected insofar as the changed services are defective.
3.3. The tour operator is obliged to inform the customer about significant changes in service immediately after becoming aware of the reason for the change on a durable medium.
3.4. In the event of a significant change to an essential travel service, the customer is entitled to withdraw from the travel contract free of charge or to request participation in a replacement trip if the tour operator has offered such a trip. If the customer does not respond to the tour operator or does not respond within a set period of time, the notified change is deemed to have been accepted.
3.5. If the tour operator had lower costs for carrying out the changed trip or replacement trip, the difference must be reimbursed to the customer.
3.6. The tour operator reserves the right to change the prices advertised and confirmed with the booking, in particular in the event of an increase in transport costs or charges for certain services such as port or airport fees or a change in the exchange rates applicable to the trip in question, as follows:
If the transport costs existing at the time of the conclusion of the travel contract, in particular the fuel costs, increase, the tour operator can increase the travel price according to the following calculation:
a) In the case of an increase related to the seat, the tour operator can demand the increased amount from the customer.
b) In other cases, the additional transport costs required by the transport company per means of transport are divided by the number of seats in the agreed means of transport. The tour operator can demand the resulting increased amount for the single seat from its customers.
If the charges existing at the time of the conclusion of the travel contract, such as port or airport fees, are increased for the tour operator, the travel price can be increased by the corresponding proportionate amount.
If the exchange rates change after the conclusion of the travel contract, the travel price can be increased to the extent that the travel has become more expensive for the organizer.
3.7. An increase is only permitted if there are more than 4 months between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase did not occur before the conclusion of the contract and were not foreseeable for the tour operator at the time the contract was concluded.
3.8. In the event of a subsequent change in the travel price, the tour operator will inform the customer immediately. Price increases from the 20th day before departure are ineffective. In the case of price increases of more than 8%, the customer is entitled to withdraw from the travel contract without fees or to request participation in a trip of at least the same value if the tour operator is able to offer such a trip from its range at no additional cost to the customer. The customer must assert these rights immediately after the price increase has been declared.
3.9. The customer can request a reduction in the travel price if the prices, charges or exchange rates mentioned under 3.6 lead to lower costs for the tour operator after the conclusion of the contract and before the start of the trip. If the customer has paid more than the amount owed hereafter, the excess amount must be reimbursed by the tour operator. Administrative expenses actually incurred, which must be proven to the customer upon request, can be deducted from the additional amount to be reimbursed.
4.1. The customer can withdraw from the trip at any time before the start of the trip. The cancellation must be explained to the tour operator. If the trip was booked through a travel agent, the cancellation can also be declared to them. The customer is recommended to declare the withdrawal on a durable medium.
4.2. If the customer withdraws before the start of the trip or if he does not start the trip, the tour operator loses the right to the travel price. Instead, the tour operator can, insofar as he is not responsible for the cancellation or unavoidable extraordinary circumstances, demand reasonable compensation for the travel arrangements made up to the cancellation and his expenses depending on the respective travel price.
4.3. The amount of compensation is determined by the travel price less the value of the expenses saved by the tour operator and less what he acquires through other use of the travel services, which must be justified by the tour operator at the customer's request. The tour operator has set the following compensation flat rates, taking into account the time of cancellation and the start of the trip at the contractually agreed start of the trip. The compensation will be calculated as follows after receipt of the declaration of withdrawal:
Flight packages
up to 46 days before departure: 20% of the travel price,
from the 45th to 30th day before departure: 25% of the travel price,
from the 29th to the 15th day before departure: 35% of the travel price,
from the 14th to the 7th day before departure: 50% of the travel price,
from the 6th day before departure: 70% of the travel price,
on the day of departure or in the event of non-attendance (no-show): 90% of the travel price.
Package tours with own travel
up to 46 days before departure: 20% of the travel price,
from the 45th to 15th day before departure: 30% of the travel price,
from the 14th day before departure: 80% of the travel price,
on the day of departure or in the event of non-attendance (no-show): 90% of the travel price.
The key date for the calculation is the receipt of the declaration of withdrawal.
4.4. In any case, the customer is at liberty to prove to the tour operator that no damage or a significantly lower damage than the flat rate requested by him has occurred.
4.5. The tour operator reserves the right to demand a higher, individually calculated compensation instead of the above flat rates, provided the tour operator can prove that he incurred significantly higher expenses than the applicable flat rate. In this case, the tour operator is obliged to specifically quantify and document the compensation requested, taking into account the expenses saved and any other use of the travel services.
4.6. The legal right of the customer to provide a substitute participant in accordance with § 651 e BGB remains unaffected by the above conditions.
4.7. If the travel customer withdraws because of unavoidable, extraordinary circumstances at the destination or in its immediate vicinity that significantly affect the implementation of the package tour or the transport of people to the destination, Petit Prince Reisen cannot claim any compensation and will pay the travel price immediately the customer back. Reference is made to § 651h III BGB.
4.8. It is recommended to take out travel cancellation insurance and insurance to cover the costs of assistance including repatriation in the event of accident, illness or death.
5.1. After the conclusion of the contract, the customer is not entitled to changes with regard to the travel date, the travel destination, the place of departure, the accommodation or the mode of transport (rebooking). If a rebooking is nevertheless made at the request of the customer, the tour operator can levy a rebooking fee per traveler if the following deadline is observed. Up to 31 days before the start of the trip, this consists of the concrete costs to be individually quantified plus a service fee of 50 euros.
5.2. If additional costs are incurred due to incorrect information provided by the customer (e.g. due to a necessary chargeable change to a reservation with incorrect or incomplete name information), the tour operator can charge a service fee of 25 euros plus the specific costs.
5.3. Rebooking requests by the customer, which are made after the deadline, can only be carried out after withdrawal from the travel contract in accordance with Section 4 of the Conditions and simultaneous new registration, provided that they can be carried out at all. The same applies to changes and additions to the name in accordance with Section 5.2 if these changes and additions are no longer possible.
6.1. If a minimum number of participants is specified in the travel description or other documents that have become part of the contract, the tour operator can withdraw from the travel contract up to 30 days before departure if the minimum number of participants is not reached. If the trip is not carried out for this reason, the customer will be refunded the payments made on the trip price immediately.
6.2. In the event of cancellation for the above reason, the tour operator will not accept any reimbursements for third-party services such as e.g. B. Flights that the customer has purchased outside the range of services offered by the organizer.
6.3. Attention is drawn to the tour operator's right to withdraw from the contract due to unavoidable, extraordinary circumstances in accordance with § 651h IV No. 2 BGB.
7.1. The tour operator can terminate the travel contract without notice if the customer causes persistent disruption despite a warning from the tour operator or if he behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified.
7.2. If the customer is clearly not physically or mentally up to the requirements specified in the respective travel description, the tour guide is entitled to exclude the customer from the travel program in whole or in part.
7.3. In the event of termination or exclusion, the tour operator retains the right to the travel price; however, he must allow the value of the saved expenses and those benefits that he obtains from other uses of the unused service to be credited, including the amounts credited to him by the service providers.
8.1. The contractual liability of Petit Prince Reisen for damage that is not bodily injury is limited to three times the travel price, provided that Petit Prince Reisen is not culpably responsible for the damage. Claims that may go beyond this under international agreements or statutory provisions based on such remain unaffected by the restriction.
8.2. Excursions (including visits to the theatre, sporting events, etc.), transport services, sporting activities and rental cars (including motorbikes) offered and booked locally by the local tour guide or by other people in their own organization at the holiday destination are not part of the package travel contract between the travel customer and Petit Prince Travel; Petit Prince Reisen assumes no liability for such services.
8.3. A claim for damages against the tour operator is limited or excluded insofar as a claim for damages against the service provider only arises or applies on the basis of international agreements or legal regulations based on such, which are to be applied to the services to be provided by a service provider can be made or is excluded under certain conditions.
Reference is made to the statutory provisions of § 651p II BGB.
8.4. The tour operator is not liable for service disruptions, personal injury and damage to property in connection with services that are only brokered as third-party services (e.g. brokered excursions, sporting events, visits to the theater, exhibitions) if these services have been expressly identified as third-party services in the travel description that they are not recognizable to the customer as part of the tour operator's travel services and were selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.
However, the tour operator is liable if and to the extent that the damage to the traveler was caused by the breach of the tour operator's information, information or organizational obligations.
9.1. notice of defects
If the trip is not provided free of travel defects, the customer can request remedial action.
Insofar as the tour operator was unable to remedy the situation as a result of culpable omission to report the defect, the traveler cannot assert any reduction claims under Section 651 m BGB or claims for damages under Section 651 n BGB.
The customer is obliged to notify the tour guide at the holiday destination immediately of his notice of defects. If there is no tour guide at the holiday destination, any travel deficiencies must be reported to the tour operator at his registered office. The tour guide is commissioned to remedy the situation if this is possible. However, it is not authorized to recognize claims.
9.2. Deadline before termination
If a customer wants to terminate the travel contract due to a lack of travel, he must first set the tour operator a reasonable period of time to remedy the situation. This does not apply if the tour operator refuses to remedy the situation or if immediate remedy is necessary.
9.3. Baggage Damage and Baggage Delay
Damage or delays in delivery during air travel must be reported to the responsible airline immediately on the spot by means of a damage report (P.I.R.). The damage report must be submitted to the airline within 7 days in the event of luggage damage and within 21 days in the event of a delay. Otherwise, the loss, damage or misdirection of luggage must be reported to the tour guide or the local representative of the organiser.
9.4. travel documents
The customer must inform the tour operator if he does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period specified by the tour operator.
10.1. The customer has to assert claims according to § 651i BGB against the tour operator. The assertion can also be made through the travel agent if the package tour was booked through this travel agent. A claim on a durable medium is recommended. Claims of the customer due to travel defects become statute-barred in two years. The statute of limitations begins on the day following the contractual end of the trip.
10.2. If negotiations are pending between the customer and the tour operator about the claim or the circumstances justifying the claim, the statute of limitations is suspended until the customer or the tour operator refuses to continue the negotiations. The statute of limitations begins at the earliest 3 months after the end of the suspension.
The EU regulation on informing passengers about the identity of the operating airline obliges the tour operator to inform the customer about the identity of the operating airline of all air transport services to be provided as part of the booked trip at the time of booking. If the operating airline has not yet been determined at the time of booking, the tour operator is obliged to inform the customer of the airline or airlines that will probably carry out the flight. Once the tour operator knows which airline will operate the flight, they must inform the customer. If the airline named to the customer as the operating airline changes, the tour operator must inform the customer of the change. He must immediately take all reasonable steps to ensure that the customer is informed of the change as soon as possible. The list of airlines with an EU operating ban can be found on the website ec.europa.eu/transport/modes/air/safety/air-ban_de.
12.1. If no roommate of the same sex registers six to four weeks before the start of the trip when booking half a double room, the customer automatically receives a double room for single use or a single room. In this case, the tour operator will charge 50% of the single room supplement. If the customer does not agree to this, he has the option of either rebooking to another group trip from the tour operator's offer free of charge or canceling the booked trip free of charge.
12.2. For bookings within one month before departure, the organizer will charge the full single room supplement if no roommate is available.
13.1. When booking other third-party services such as insurance or flights that are not part of the service description, the organizer is only liable for arranging the third-party service, but not for providing the service content.
13.2. The general terms and conditions and cancellation conditions of the respective contractual partner apply.
14.1. Petit Prince Reisen is responsible for informing travel customers in advance of the contract about the provisions of passport and visa regulations (including the approximate deadlines for obtaining visas) and any changes to them before the start of the trip.
Petit Prince Reisen will inform you prior to the contract of any special health regulations (health police formalities) in the travel country. The travel customer should also find out about infection and vaccination protection measures for the agreed travel destination in good time.
Attention is drawn to the possibility of obtaining information from the health authorities, from doctors (travel medicine specialists) and tropical institutes.
14.2. The travel customer is responsible for complying with all passport, visa and health regulations that are important for the execution of the trip. All disadvantages, in particular the payment of cancellation costs, which arise from non-compliance with these regulations, are at his expense, except if they are caused by culpable misinformation or non-information from Petit Prince Reisen.
INFORMATION ON THE CONSUMER DISPUTE RESOLUTION ACT (VSBG)
With regard to the Consumer Dispute Settlement Act, the tour operator points out that it does not take part in voluntary consumer dispute settlement. If consumer dispute resolution becomes mandatory for the tour operator after these travel conditions have been printed, the tour operator will inform the customer of this in a suitable form. The tour operator refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.
TOUR OPERATOR
Meet You in Madagaskar S. A. R. L.
lot: B 527 a Bis Andavamamba Anjezika II
Managing Director: Ravakiniaina N. Samoelinanja
E-Mail: info@meet-you-in-madagascar.com
Phone / Whatsapp / Telegram / Botim: +4917630530362
www.meet-you-in-madagascar.com