General Terms & Conditions - MMV Reisen
- 2003/ 2004
valid from 01.11.03
We all know what a properly run and relaxing holiday means to
you. That's why we have established in these general business
terms and conditions the necessary prerequisites for clear legal
rules. So please spend some time reading through these comprehensive
travel conditions as they form an integral part of your travel
agreement with us.
The travel and payment conditions are based on the General Travel
Conditions for Travel Agreements established by the Deutscher
Reisebüro und Reiseveranstalter Verband (DRV- German Association
of Travel Agents and Tour Organisers), and have been agreed
by consumer protection organisations and by the Federal Office
of Fair Trading.
The following general business terms and conditions are valid
for all products offered by MMV Reisen. Some travel offers may
include services with specific conditions. These may be found
in the appropriate current on-line catalogue.
An important request: once you have made your reservation, please
quote your booking number in any correspondence or for any enquiries.
1. Completion of travel agreement
1.1.
By completing the information fields in the non-binding enquiry
form you are requesting us to check whether your chosen trip
is still available within the period indicated. We will process
your enquiry promptly and you will receive an answer as soon
as possible.
In order to complete the travel agreement (based on our on-line
catalogue) for your choice of travel service, we require your
written instructions (by e-mail or fax). The travel agreement
is only established once we have received your booking registration.
We will inform you of receipt by sending you a tour confirmation/invoice.
Please note that you can send your booking by any of the usual
methods. You are also required to register all other persons
listed in the booking for whom you are contractually responsible
in addition to yourself, where you have expressly accepted such
responsibility by means of a separate signature.
1.2.
Should you not have a copy of our general terms and conditions
available when booking by telephone we will send them to you
with the tour confirmation/invoice. If you do not reject these
conditions within 10 days of receipt - for late bookings ie.
within 10 days of commencement of travel, immediately - then
the travel agreement is thereby established under the stated
conditions.
1.3.
Any data provided to us is protected according to the Federal
Data Protection Law.
1.4.
Where there is a difference between the content of the tour
confirmation/invoice and the content of the booking, we are
bound by this offer for 10 days. The agreement is established
on the basis of this new offer if you notify us of your acceptance
within this period of time. This acceptance may take the form
of a payment.
1.5.
Please inform us immediately if you are the person who has made
the booking and you have not received your travel documents
at the latest 10 days before commencement of the journey. In
this case we will send you the documents immediately providing
payment has been made. If you do not inform us and do not begin
the tour because you do not have the correct travel documents,
then we must consider that to be a chargeable withdrawal.
2. Payment
2.1.
Payments towards the tour price before the end of the tour can
only be made on presentation by the operator of the risk coverage
certificate as per §651 K par.3 BGB.
2.2.
You are requested to send us within a week of receipt of the
tour confirmation/invoice the deposit as indicated on the tour
confirmation/invoice. This amount is 20% (rounded up to complete
euros however at least 25 euros per person) of the total price
of the invoice. The remaining amount should be paid six weeks
before commencement of the journey without further reminder.
When making payments please indicate the booking number as given
on the travel confirmation.
If you have given written permission for direct debit payments
then the transfers from your account will take place at the
same times. Where payment by credit card is offered and you
choose this option then the same procedure is followed. In any
case, you will be sent the risk coverage certificate before
a payment/transfer since your payments towards the cost of travel
are protected against insolvency according to §651 k par 3 BGB.
The risk coverage certificate will be sent to you with the tour
confirmation/invoice.
2.3.
If the cost of the tour has not been paid in full before commencement
of travel, we are entitled, once we have sent you a reminder
to pay within a given period, to cancel the travel agreement
and to the calculation of damages according to the corresponding
cancellation charges, except where there is at this point a
fault in the tour service which entitles you to cancel. Where
payment is not made in full there can be no entitlement to fulfilment
of travel services.
3. Tour services, prices
3.1.
The scope of the contractually agreed services is laid out in
the description of services in the on-line catalogue and in
the details given in the tour confirmation, which are based
on the on-line catalogue. Details, which appear in the on-line
catalogue, are binding for us as they have formed the basis
of the travel agreement. Additional agreements, which alter
the scope of contractually, agreed services require specific
confirmation. We expressly reserve the right, however, to declare
a change in catalogue details before completion of the agreement.
In this case we will naturally inform you of any changes before
booking.
3.2.
Your journey begins and ends - depending on the length of stay
you have booked - at the departure and arrival times detailed
in the brochure.
3.3.
Flight or excursion tickets are only valid for those times and
days specified on the tickets. If you wish to make any changes
we will endeavour to provide alternative transport in return
for a charge.
3.4.
If for compelling reasons you are unable to make use of specific
services paid for by you then we are only able to provide a
partial refund if the service provider issues a credit note,
not however where such services are completely immaterial.
3.5.
Where not otherwise indicated prices are per person for accommodation
in two-bed rooms or for the holiday flat type booked by you.
The booking of half a double room for an adult accompanying
a child under 12 is not possible.
3.6.
Any costs which arise at the hotel for children under age 2
should be paid directly at the hotel. The age taken into account
for any reductions is that at commencement of travel. Irrespective
of this, you should give details of accompanying children and
their ages at the time of booking. The level of child reductions
may be found in the on-line catalogue specification.
We are entitled to check the age of accompanying children by
means of their personal documents where appropriate. Where age
details do not correspond to those given in the booking we are
entitled subsequently to charge the correct travel price in
addition to an administration fee of 25 euros. Your remain free
to prove that lower administration costs were incurred.
3.7.
If you wish to extend your trip please advise your tour leader
in good time. An extension is only possible if your room or
holiday accommodation is not otherwise taken. The cost of the
extension is calculated in line with the seasonal cost of the
extension period in our on-line catalogue. The extension costs
should be paid at the location.
3.8.
Where a customer is not able to make use of individual tour
services on account of an early return journey or for other
compelling reasons, we will endeavour to obtain a refund from
the service providers of those expenses not incurred. This is
not required where the services are completely immaterial or
where a refund is prevented by legal or official regulations.
Normally we are entitled to retain 20% of the refunded amount
to cover our additional efforts and costs. You remain free to
prove that lower or no costs were incurred.
3.9. Air transport
We select reliable air charter companies for our flights. Most
of our flights are non-stop. On direct flights we reserve the
right to make stop-overs for technical reasons pertaining to
the flight or the programme. Flight accommodation with scheduled
airlines is in economy or tourist class. Where a journey is
made by scheduled travel and the passenger has been issued with
a corresponding travel ticket, then this is regarded as an outside
service as long as we have expressly brought your attention
to this in the tour specification and in the travel documents.
Travel is in accordance with the conditions of the corresponding
carrier. These conditions can be provided upon request.
3.10. Special requests
Travel agencies may only agree to special requests where these
are described as non-binding. Where possible, we will endeavour
to meet your requests for specific arrangements which are not
specified in the on-line catalogue. Travel agencies are not
permitted to make undertakings or agreements which do not conform
to those detailed in the on-line catalogue without our written
confirmation, unless they are authorised to do so.
3.11. Special notes for holiday flats / holiday homes
Any additional costs which are optional or which depend on consumption
are not usually included in the tour price. Such costs should
be paid immediately at the location where no other arrangement
for payment is specified in the catalogue. The holiday flat
/ holiday home may only be occupied by the maximum number of
adults and children as specified in the catalogue and the tour
confirmation. Pets may only be taken where this is specifically
permitted in the online catalogue and specifically authorised
by us. The published arrival and departure dates and times are
binding. You accept responsibility for maintaining the accommodation
together with contents and any communal areas in proper condition.
You are in addition required to make good any damages arising
and caused during your stay either by you or accompanying persons
or guests. When picking up the keys, you may be required to
leave a reasonable amount by way of deposit as security for
any damages which may arise.
Return of the deposit or charging will take place at the end
of your stay once the accommodation together with contents have
been returned in a clean and tidy condition.
4. 4 Changes in tour services and prices
4.1.
Any changes or alterations to individual tour services which
become necessary after completion of the travel agreement and
which differ from those laid out in the agreement and are not
caused by us in breach of good faith, are only permitted where
the changes and alterations are not extensive and do not substantially
detract from the overall quality of the trip you have booked.
Your rights to claim under the warranty are not affected in
so far as the changes in arrangements constitute a deficiency.
4.2.
We will inform you immediately of any alterations to services.
Where appropriate we will offer you a charge-free transfer to
another tour or a charge-free withdrawal.
4.3.
Where
there is a subsequent change in the tour price or a change in
a key tour service we will notify you immediately and no later
than 21 days before commencement of travel. Price increases
within 20 days of departure are not permitted. Where a price
increase is greater than 5% or where there is a major change
in a specific tour service, then you are entitled to withdraw
from the travel agreement at no cost or to request a transfer
to another tour of equal value, as long as we are in a position
to offer such a tour from our range without an increase in price
to you. You are required to claim these rights immediately as
soon as you receive notification from us of any price increase
or change in any tour services.
5. 5 Cancellation, Transfer of booking,
Substitution of Third Party
5.1.
Naturally you may withdraw from the tour at any point before
it commences. Notification to us of your withdrawal must be
accompanied by your booking number. In your own interest and
in order to avoid misunderstandings we strongly advise you to
notify us in writing or by e-mail. The point of withdrawal is
taken to be the point at which we receive your withdrawal notification.
If you withdraw from the travel agreement or do not begin the
tour (except in established cases of force majeure as indicated
in section 8), then we may request payment of damages to cover
tour arrangements made and expenses incurred by us. In calculating
damages any expenses saved by us as a result of your withdrawal
and any possible alternative uses of the tour services will
normally be taken into account by us.
5.2.
In connection with the withdrawal or failure to begin the tour,
you remain free to prove that no costs or lower costs were incurred
than those detailed in the schedule of charges (see below).
Withdrawal charges are also applicable where the customer does
not arrive at the corresponding airport or departure point at
the correct times published in the travel documents, or if the
customer does not begin the tour because of missing travel documents,
eg. passport or required visa, where this is not due to an error
on our part.
5.3.
The level of withdrawal charges is dependent on the tour price.
The standard charges we are required to make in the case of
your withdrawal from the tour and calculated per person and
per accommodation booked are normally as follows:
A. Withdrawal charges for package tours with charter flights,
for charter flights from our Flight Only programme and for
all programmes where you make your own travel arrangements
and consisting of tour modules (hotels, round trips, etc.,
excluding vehicle hire)
30 days or more before travel 10%
Between 29 and 15 days inclusive before travel 30%
Between 14 and 3 days inclusive before travel 50%
Within 48 hours of commencement of travel or where
customer does not begin the tour 100%
Per person, % of corresponding tour price; minimum
charge of €25
Withdrawal charges for holiday flats / manor houses
45 days or more before travel 10%
Between 44 and 21 days inclusive before travel 50%
Between 20 and 8 days inclusive before travel 75%
Within 7 days of commencement of travel or where customer
does not begin the tour 100%
Per unit of accommodation, minimum charge of €25
Withdrawal charges for vehicle hire and individual bookings
For cancellation of booking €25- per booking in each
case
Withdrawal charges for Combination tours (combinations
of individual tour elements)
Charges are established and notified separately
€25- per booking in each case
5.4.
Specific withdrawal charges apply for accommodation booked at
the following hotels / holiday flats irrespective of the type
of tour:
Residence Capriccioli, Hotel Sa Mola
Charter cruises
The specific withdrawal charges are detailed in the price section
of the individual offers.
5.5.
We request that you notify us of any changes you may wish to
make only after you have received your tour confirmation/invoice
and quoting your booking number. Once the tour booking has been
made, if we make changes on your behalf up to 30 days before
commencement of travel, for example, with regard to time or
date of travel, destination, accommodation, method of travel,
departure airports, then we will charge a fee of €25 per person.
Changes after this time are only possible following prior withdrawal
from the tour you have booked.
5.6.
Up to the commencement of travel you may request that a transfer
of your rights and duties under the travel agreement be effected
from you to a third party. Where a third party is substituted
for a previously registered customer then we are entitled to
charge a fee of €25 per person to cover the additional expenses
incurred by us through the inclusion of the substitute. You
remain free to submit proof that lower or no charges were incurred.
Where a third party is included in the agreement then both you
and s/he are jointly liable to us for payment of the tour price
and the costs incurred by the inclusion of the third party.
We may refuse the change in the identity of the customer where
this person does not fulfil the specific requirements with regard
to the tour, or where legal regulations or official orders prevent
it.
5.7.
Where two or more people have jointly booked a double or multiple-bed
room and there is not a substitute to take the place of a customer
who has withdrawn, then we are entitled to charge the full room
price, or where possible to offer the remaining customers alternative
accommodation.
5.8.
In the case of cancellations any travel documents already sent
out must be returned. Otherwise we must charge the full price.
6. Travel Insurance
6.1.
Travel cancellation insurance is not included in the tour price.
We strongly recommend that you have such insurance and that
you take it out when booking the tour.
Failure to commence the tour, breaking off the tour or late
return can lead to considerable expense for the customer. For
your security we recommend the insurance package "RundumSorglos
eSchutz" which includes travel cancellation insurance, travel
sickness insurance with instant medical attention, and luggage
insurance. Our general agreement with the Europäische Reiseversicherung
AG, Vogelweidestr. 5, 81677 Munich offers competitive rates.
Please see our website for further information. Should an incident
occur where you may wish to make a claim then you must inform
the Europäische Reiseversicherung AG, Vogelweidestr.5, 81677
Munich without delay. We are not involved in any damage settlement.
Please take note that any corresponding insurance agreements
are only valid upon payment of the premium.
6.2.
Information regarding the insurance protection included with
vehicle hire can also be found in the on-line catalogue.
7. Withdrawal and notice of cancellation
by tour operator
7.1.
We may give notice of cancellation of the travel agreement without
a notice period should you substantially disrupt the running
of the tour despite a corresponding warning from us or should
you fail to observe the conditions of the agreement to such
an extent that the immediate annulment of the agreement is justifiable.
We reserve the right nevertheless to charge the full price.
You are personally liable to pay any additional costs for return
travel. We must however, take into account the value of any
expenses thereby not incurred as well as those benefits that
may be obtained from an alternative use of those services which
you have not utilised, including any refunds obtained from service
providers.
7.2.
We may cancel the agreement up to 4 weeks
before commencement of the tour:
Where after exhausting all possibilities it becomes unreasonable
for us to run the tour because the booking revenue for this
tour is so minimal that running it would entail costs to
us which would extend beyond the limit of loss acceptability
in relation to this tour. We are however only entitled to
withdraw from the agreement where we are not responsible
for the circumstances which lead thereto (eg. calculation
errors) and where we can demonstrate the circumstances leading
to withdrawal and have offered you a similar replacement
tour. Where the tour is refused for this reason, the amounts
paid for the tour will be refunded immediately. In addition
your complete booking expenses will be refunded, if you
do not wish to take advantage of our replacement offer.
We may withdraw from the agreement up to
2 weeks before commencement
of the tour:
where the minimum number of participants, as laid out
in the catalogue and in the tour confirmation or as officially
prescribed, is not reached. In any case we are required
to inform you immediately once the conditions for the withdrawal
of the tour are met and to send you the declaration of withdrawal
without delay. Naturally we will inform you as early as
possible as soon as it becomes apparent that the minimum
number of participants cannot be reached. In this case the
amount you have paid for the tour will be refunded immediately.
8. Exceptional circumstances - force majeure
8.1.
Where the tour is substantially disrupted, endangered or impaired
by circumstances unforeseeable at completion of the agreement
(force majeure - eg war, civil unrest, natural catastrophes,
epidemics, etc) then both you and we can give notice of cancellation
of the agreement. We will refund to you the amount paid for
the tour immediately. However, we may make a reasonable charge
for tour arrangements already carried out or for services still
required for the completion of the tour. Where notice of cancellation
is given after commencement of the tour then we are obliged
to take whatever measures are necessary, in particular to ensure
your repatriation, where that has been contractually agreed.
The additional costs of repatriation are to be shared between
the parties. You are responsible for any other additional costs
incurred.
9. Liability
9.1.
We are liable within the framework of the duty of care of a
responsible business operator for:
the conscientious preparation of the tour;
the careful selection and supervision of service providers
(eg transport companies, hotels, etc);
the accuracy of the descriptions of all tour services
which appear in the catalogue unless we have declared a
change to the catalogue details before completion of the
agreement in accordance with section 4.3.;
the proper execution of those tour services which have
been contractually agreed;
any faults attributable to persons responsible for provision
of tour services.
We are not liable for details appearing in hotel, local resort
or cruise ship brochures.
9.2.
Where within the framework of a tour or in addition to the tour
carriage is arranged with a scheduled transport service and
you have received a corresponding ticket for the journey, then
this is regarded as an outside service to which we will specifically
draw your attention in the tour specification and in the tour
confirmation/invoice. We are therefore not liable for the provision
of the transport service itself. In such cases any liability
will be decided according to the conditions of travel of these
companies. You will be specifically advised of these conditions
and at your request they will be made available to you.
10. Warranty
10.1.
Where the tour is not provided or not carried out in accordance
with the agreement then you can seek redress within a reasonable
period of time. We are entitled to offer such redress by provision
of an alternative service of equal or higher value. We may,
however, refuse the redress should it entail a disproportionately
high level of expense.
10.2.
You can claim a reduction in the tour price where tour services
have not been provided in accordance with the travel agreement
and where you have not negligently omitted to notify us of such
deficiencies where they occurred (see point 12).
10.3.
Where a fault detracts substantially from the tour and we fail
to provide suitable redress within a reasonable period, then
you may give notice of cancellation of the agreement within
the framework of the legal provisions. In your own interest
and for the preservation of evidence it is advisable that you
do so in writing. This also applies where on account of a fault
you could not reasonably be expected to join the tour for an
important and identifiable reason. The provision of a period
during which redress may be offered is only unnecessary where
such redress is impossible or is refused by us or where immediate
notice of cancellation of the agreement is justified by a particular
interest on your part.
You are liable to pay that part of the tour price which corresponds
to the services which you have utilised in so far as these were
of interest to you. 10.4.
Regardless of any price reduction or notice of cancellation
you may request payment of damages for failure to provide service,
except where such a failure in tour arrangements is due to a
circumstance beyond our control.
11. Limitation of liability
11.1.
Our contractual liability for damages other than physical injuries
is limited to three times the value of the tour,
in so far as any such damage to a customer is not caused
deliberately or through gross negligence on our part, or
in so far as we are responsible for damages to you solely
through a fault of a service provider.
11.2.
An entitlement to damages against us is limited or excluded
to the extent that, as a result of international agreements
(or legal provisions based on such) which are applicable to
the service obligations of a service provider, an entitlement
to damages against the service provider may only be claimed
under certain conditions or limitations or is excluded under
certain circumstances.
11.3.
For all damage claims against us as a result of tort, which
are not based on wilful damage or gross negligence, we are liable
for material damages up to € 4.100 per customer and per tour,
or up to 3 times the value of the tour if the latter should
exceed € 4.100.
11.4.
We are not liable for disruption in connection with services
for which we merely act as intermediary for the provider (for
example, sporting events, theatre visits, vehicle hire, etc)
and which are specifically designated as outside services in
the tour specification, even where the tour leaders take part
in such additional events.
11.5
You are personally responsible for your participation in sporting
and other holiday activities. You should check sports installations,
equipment and vehicles before making use of them. We are only
liable for accidents which result from sporting events and other
holiday activities where we were at fault. We recommend you
take out accident insurance cover.
12. Duty of Co-operation
12.1.
Should disruption to services occur you are obliged within the
framework of the legal provisions to co-operate in helping to
remove the disruption and to reduce as far as possible the extent
of any damage which may subsequently arise. Should your luggage
be lost or damaged during air travel then you must ensure that
you give a completed damage report in situ to the airline, which
provided the transport service. In accordance with airline carriage
conditions the damage report is normally a prerequisite for
the processing of your claim.
In other cases you should inform our tour leaders. We do not
accept liability for loss or damage of valuable items or money
in luggage, which has been checked in.
12.2.
You are obliged to present your complaints immediately to the
local tour leaders or agency. Where they have a complaint, guests
in holiday flats/homes/ apartments should seek redress immediately
from the contact person indicated in the travel documents. Where
redress is not then provided the customer should report the
fault to the MMV travel office in Cagliari. If redress is not
provided, the MMV travel office in Cagliari or the responsible
local agency will take up the complaint with the customer. Should
the customer culpably fail to report a fault, then his/her entitlement
to a reduction in price is lost.
12.3.
The local contact person is not authorised to accept the validity
of any claims. Only the MV travel office in Cagliari is authorised
to do so.
13. Exclusion of claims, time limitation,
transfer of claim
13.1.
You are required to present to us any claim for contractual
deficiencies in the tour within one month of the contractually
agreed end-date of the tour. Claims should where possible be
presented in writing. After expiry of this period a claim can
only be presented if you were prevented from keeping to the
time limit by circumstances beyond your control.
13.2.
In accordance with §§651c to 651f BGB, claims relating to the
agreement lapse after one year, beginning with the day on which
the tour was scheduled to end under the travel agreement. Where
negotiations regarding your claim are pending, expiry of the
claim is interrupted until such time as you or we refuse to
continue negotiations. Expiry can take effect no earlier than
3 months after this interruption. Claims for damages as a result
of tort expire in 3 years.
13.3.
The transfer of your claim against us is not permitted.
14. Passport, Visa and Health provisions
14.1.
Nationals of countries within the European Union are entitled
to stay in Sardinia for an unlimited period without a visa,
as it is an Italian region. A valid passport or identity card
is acceptable. Swiss nationals do not require a visa for a stay
of 90 days with a valid passport. You are liable for all damages
arising from failure to observe these requirements except where
we provide you with incorrect or no information in this respect.
Nationals of other states should seek advice from their consulate.
14.2.
Where you have asked us to obtain official travel permits, we
are neither liable for the punctual issue by the relevant diplomatic
authorities of visas required nor for their receipt, except
where we are responsible for the delay. You are solely responsible
for compliance with all regulations important to the operation
of the tour. You are liable for all damages arising from failure
to observe these regulations, in particular the payment of withdrawal
charges, except where such damages were caused by our culpable
failure to provide information or by our culpable provision
of incorrect information.
14.3.
The following rules currently apply should you wish to take
your dog with you on holiday: A health and vaccination certificate
from an official vet is sufficient. For the rabies vaccination
an 11 month vaccination protection with the vaccination occurring
at least 20 days before arrival is accepted. The health certificate
is valid for 30 days. You should carry a muzzle and leash.
15. Invalidity of specific conditions
15.1.
The invalidity of specific conditions within the agreement does
not entail the invalidity of the whole agreement.
16. Place of jurisdiction
16.1.
You can only take legal action against us at our head office
location (Maintal).
16.2.
The relevant place of jurisdiction for any proceedings on our
part against you as the customer is your domicile, except where
the proceedings are being taken against registered traders or
persons who moved their domicile or usual place of residence
abroad after completion of the agreement, or whose domicile
or usual place of residence at the time of the commencement
of proceedings is not known. In such cases our own head office
location will serve as the place of jurisdiction.
17. General conditions
17.1.
All details in our brochures are published subject to legal
or official approval. Individual details in the online brochures
are correct at the time of publication.
17.2.
We cannot accept liability for typing and calculation errors.
17.3.
With the publication of new brochures all our previous material
relating to identical destinations and dates become void.
MMV Reisen GmbH
Masurenstr. 10
D - 63477 Maintal
Deutschland
Handelsregister: Hanau HRB 7594
UstID: DE813762092
Stand: November 2003
