General terms and conditions (GTC) of World Visitor
1. Conclusion of the travel contract
1.1. With the travel registration, the customer offers the tour operator World Visitor the conclusion of a binding travel contract based on the travel service that determines the travel service. The travel contract is only concluded after the customer has received the written order confirmation/invoice from World Visitor. When traveling in closed groups, the booking confirmation can be sent to the customer or the group manager in the name of World Visitor.
1.2. If the content of the travel confirmation deviates from the content of the registration or booking, then a new offer from World Visitor is available and the travel contract is concluded on the basis of this new offer if the customer expressly or conclusively accepts it – for example by making a payment on the Travel price or by departure – explained.
2. Payment of the travel price
With the conclusion of the contract and delivery of the travel price insurance certificate in the sense of § 651 k (3) BGB, a down payment of 20% of the travel price is due. The remaining payment is due no later than 28 days before the start of the journey.
For bookings made less than four weeks before the start of the trip, the entire travel price is due immediately after receipt of the booking confirmation and the security certificate.
If the agreed down payment amount is not paid in full even after a reminder and a deadline, or the entire travel price after a reminder and a deadline, World Visitor is entitled to withdraw from the contract and to demand compensation in the amount of the cancellation fees mentioned under No. 5.
3.1. Which services are contractually agreed can be found in the description of services in the brochure/offer from World Visitor and in the information relating to this in the booking confirmation. Further services can result from legally binding agreements made with the customer in writing.
3.2. Excursions that are described as “optional” are to be paid for separately and are only carried out if there is a sufficient number of participants.
3.3. Service providers (accommodation and catering companies, sports providers, ski lift operators, transport companies for ship, bus, and transport companies) are not authorized by World Visitor to give assurances or to make agreements that go beyond the travel advertisement by World Visitor, its offer or booking confirmation contradict this or change the confirmed content of the travel contract.
3.4. Local, hotel, or house brochures that are not published by World Visitor are non-binding for them unless they have been made part of the contractual services of World Visitor by express agreement with the customer.
4. Service and price changes after conclusion of the contract/rebooking
4.1. Changes and deviations from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not brought about by World Visitor in bad faith, are permitted, provided that the changes or deviations are not significant, do not lead to a significant change in the travel service and do not affect the overall layout of the booked trip. Any warranty claims remain unaffected insofar as the changed services are defective. World Visitor is obliged to inform the customer immediately about changes in services and deviations from services.
4.2. In the event of a significant change in essential travel service, the customer is entitled to withdraw from the travel contract free of charge or to request participation in a trip of at least equivalent value, if World Visitor can offer one. The customer has to assert this right immediately after the declaration by World Visitor about the change of the travel service or the cancellation of the trip.
4.3. World Visitor can change the advertised prices confirmed with the conclusion of the contract in the event of an increase in transport costs or taxes for certain services such as port or airport charges or a change in the exchange rates applicable to the trip in question as follows: If the price increases when the travel contract is concluded existing transport costs, in particular the fuel costs, the travel price can be increased according to the following calculation:
a) In the case of an increase related to the seat, the passenger can be asked to pay the increased amount
b) In other cases, the additional transport costs required by the transport company for each means of transport are divided by the number of seats on the agreed means of transport. The resulting increased amount for the single-seat can be requested by the customer. If the duties such as port or airport charges for World Visitor existing when the travel contract is concluded, World Visitor can increase the travel price by the corresponding proportionate amount.
4.4. If the exchange rate changes after the travel contract have been concluded, the travel price can be increased to the extent that the travel has become more expensive for World Visitor. An increase is only permitted if there are 4 months between the conclusion of the contract and the start of the journey and the circumstances leading to the increase did not yet occur at the time the contract was concluded and were not foreseeable. World Visitor will inform the travel participant immediately. Price increases from the 20th day before departure are ineffective. In the event of price increases of more than 5%, the customer can withdraw from the contract free of charge or rebook it free of charge if an equivalent trip can be offered. Up to 5 days before the start of the journey, the customer can be replaced by another suitable person after notifying World Visitor. The processing fee is € 25 per person. For changes that are made after the travel documents have already been prepared, AWorld Visitor is entitled to charge the additional costs incurred, but at least € 25 per person. In all cases of rebooking as well as service and price changes, the travel customer is free to provide evidence of costs that were not incurred or that were significantly lower.
4.5. Rebookings by the customer (change of start or end of the journey, duration of the journey, place of departure, hotel, etc.) will be taken into account to the extent that they can be carried out. World Visitor is entitled to charge a flat fee of 25 euros per person for rebooking after the conclusion of the contract and up to 30 days before the start of the trip. Rebookings made later than 30 days before the start of the trip can only be canceled by the customer from the travel contract with a subsequent new registration.
5. Cancellation by the customer before the start of the journey
5.1. The customer can withdraw from the trip at any time before the start of the trip. The withdrawal should be made in writing. The receipt of the declaration of withdrawal by World Visitor is decisive.
5.2. If the customer withdraws from the travel contract or does not start the trip, World Visitor can demand compensation for the travel arrangements made and for their expenses. Cancellation fees are also payable if a participant does not arrive at the respective departure airport or place of departure at the times stated in the travel documents or if the trip is not commenced due to a lack of travel documents, such as passports or necessary visas, for which the organizer is not responsible becomes.
5.3. World Visitor can generalize your claim for compensation, taking into account the following structure, according to the proximity of the time of withdrawal to the contractually agreed start of the trip in a percentage ratio to the travel price.
The flat-rate entitlement to cancellation fees is usually:
a) up to 30 days before the start of the trip = booking and processing fee of 20% of the total price (at least € 30 per person)
b) 29.-15. Day before the start of the journey = 65% of the total price
c) 14.-8. Day before the start of the journey = 85% of the total price
d) 7th – 1st day before the start of the trip = 90% of the total price
e) in the event of no-show or cancellation on the day of arrival = 95% of the total price.
5.2 For group trips of 10 people or more, which World Visitor carries out on behalf of the customer outside of the regular travel dates, a cancellation fee of 20% of the total price is due up to 30 days before the start of the trip.
5.3 The customer reserves the right to prove to World Visitor that it incurred no or significantly lower costs than the flat rates claimed.
6. Withdrawal and termination by the tour operator
6.1. World Visitor can terminate the travel contract without observing a notice period if the implementation of the trip is permanently disrupted by the customer despite a corresponding warning from the organizer. The same applies if a customer behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. However, World Visitor retains the right to the travel price. Any additional costs for the return transport are borne by the troublemaker himself. World Visitor must, however, offset the value of saved expenses as well as those advantages that are obtained from another use of unused services, including possible reimbursements by service providers.
6.2 World Visitor can withdraw from the trip up to 5 weeks before the start of the trip if the minimum number of participants specified in the respective service description and in the travel confirmation is not achieved (access by the customer). World Visitor will of course inform the customer if it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached. The declaration of withdrawal will be forwarded to the customer immediately. The customer will then immediately receive the paid travel price back.
6.3 In the event of withdrawal by World Visitor according to section 6.2, the customer is entitled to request participation in another trip of at least equivalent value, if World Visitor is able to offer such a trip from its offer at no additional cost to the customer. The customer has to assert this right immediately after the declaration of withdrawal by World Visitor. If the customer does not make use of his right to participate in an equivalent trip, he will immediately receive the paid travel price back.
7. Force Majeure
Regarding the termination of the travel contract in cases of force majeure, we refer to § 651j BGB. This has the following wording:
“(1) If the trip becomes significant as a result of force majeure that was not foreseeable when the contract was concluded
difficult, endangered, or impaired, both the tour operator and the traveler can terminate the contract solely in accordance with this provision.
(2) If the contract is terminated in accordance with Paragraph 1, the provisions of Section 651e Paragraph 3 Clause 1 and 2, Paragraph 4 Clause 1 apply. The additional costs for the return transport are to be borne equally by the parties. In all other cases, the traveler is responsible for additional expenses.”
If the trip is not performed in accordance with the contract, the customer is entitled to request remedial action. World Visitor can refuse the remedy if it requires a disproportionate effort. World Visitor can also remedy the situation by providing an equivalent replacement service (alternative accommodation in the same category, or similar).
8.2. Reduction of the travel price
The customer can request a reduction in the travel price if travel services have not been provided in accordance with the contract. For the duration of a non-contractual provision of individual partial services or the trip, the traveler can request a corresponding reduction in the travel price (reduction). The travel price is to be reduced in the ratio in which at the time of the conclusion of the contract the value of the trip in a fault-free condition would have been to the real value. The reduction does not apply if the customer culpably fails to report the defect to the tour guide on site.
8.3. Termination of the contract
If a trip is significantly impaired as a result of a defect and World Visitor does not provide a remedy within a reasonable period, the customer can terminate the travel contract within the framework of the statutory provisions.
The same applies if the customer cannot be expected to travel as a result of a defect for important reasons that can be identified by World Visitor. It is not necessary to set a deadline for the remedy if remedy is impossible or is refused by World Visitor or if the immediate termination of the contract is justified by a special interest of the customer. If the contract is then canceled, the customer retains the right to return transport. The customer owes World Visitor the part of the travel price due to the services used, provided that these services were of interest to him.
Without prejudice to the reduction or termination, the customer can demand compensation for non-performance, unless the defect in the trip is due to a circumstance for which World Visitor is not responsible.
9. Limitation of Liability
9.1. The contractual liability of World Visitor for damage that is not physical injury is limited to three times the travel price, a) as far as damage to the traveler is neither caused intentionally nor through gross negligence or b) as far as World Visitor is solely for damage caused to the customer is responsible due to the fault of a service provider.
9.2. The organizer is liable for property damage up to € 4,100.00 for all claims for damages made against World Visitor for tortious acts that are not based on intent or gross negligence. If three times the travel price exceeds this amount, liability for property damage is limited to three times the travel price. These maximum liability sums apply to each traveler and trip.
9.3. World Visitor is not liable for service disruptions in connection with services that are only mediated as external services and that are expressly marked as external services in the travel advertisement. This does not apply if World Visitor violates its selection and monitoring obligations with regard to external service providers. In this case, World Visitor assigns its claims against the external service provider to the traveler.
9.4. A claim for damages against World Visitor is limited or excluded insofar as a claim for damages against the service provider is only asserted under certain conditions or restrictions on the basis of international agreements or statutory provisions based on such, which are applicable to the services to be provided by a service provider can be or is excluded under certain conditions.
9.5. If World Visitor takes on the position of a contractual air carrier, the liability is regulated according to the provisions of the Aviation Act in connection with the international agreements of Warsaw, The Hague, Guadalajara, and the Montreal Agreement. These agreements usually limit the carrier’s liability for death or personal injury and for loss of and damage to baggage. If World Visitor is a service provider in other cases, World Visitor is liable in accordance with the applicable provisions.
9.6. If World Visitor takes on the position of a contractual shipowner for ship trips, the liability is also regulated according to the provisions of the Commercial Code and the Inland Shipping Act.
9.7. Participation in sports and other holiday activities is the responsibility of the customer. Sports facilities, equipment, and vehicles should be checked by him before use. The organizer is only liable for accidents that occur at sporting events and other holiday activities if he is at fault. The organizer recommends taking out accident insurance.
10. Duty to cooperate
10.1. The customer is obliged to cooperate in the event of service disruptions within the framework of the statutory provisions, to avoid possible damage and/or to keep it low. In particular, the customer is obliged to notify the local tour guide of his complaints immediately. This is instructed to take remedial action, if possible. The local tour guide is not authorized to recognize claims and demands. If the customer culpably fails to report a defect to the local tour guide, there is no entitlement to a reduction in price. When traveling by air, the customer is obliged to be at the airport counter for check-in at least 2 hours before the planned departure. In the case of late arrival at the airport counter, the air traveler has to accept additional costs by rebooking when the check-in process has already been completed. There is then no longer any obligation to take with you.
10.2. Travel documents
If, contrary to expectations, the travel documents (flight tickets or similar) are not received by the customer or travel participant no later than seven days before the start of the journey, they must contact World Visitor immediately.
10.3. The exact travel times will be announced when the travel documents (tickets, etc.) are sent. Should the customer book follow-up transports, the customer must take this into account as well as the fact that delays can always occur in the transport itself for a variety of reasons. The customer has to take sufficient time intervals into account for any time shifts in the transport.
10.4. In the case of air travel, the customer must inform himself about the specific flight times from the local tour guide between 24 and 48 hours before the planned return flight.
11. Time limits and statute of limitations
11.1. Claims for non-contractual provision of the trip (§§ 651c to 651f BGB) must be asserted against World Visitor no later than one month after the contractually stipulated end of the trip. After the deadline, the customer can assert claims if he was prevented from observing the deadline through no fault of his own.
11.2. Claims of the customer according to §§ 651c to 651f BGB from injury to life, limb or health, which are based on an intentional or negligent breach of duty by the organizer or a legal representative or vicarious agent of the organizer, expire in two years. This also applies to claims for compensation for other damages based on an intentional or grossly negligent breach of duty by the organizer or a legal representative or vicarious agent of the organizer.
11.3. All other claims according to §§ 651c to 651f BGB expire after one year.
11.4. The statute of limitations according to the preceding paragraphs 11.2. and 11.3. begins on the day following the day of the contractual end of the trip.
11.5. Claims from tortious acts expire after three years.
11.6. If negotiations are pending between the traveler and the organizer about the claim or the circumstances giving rise to the claim, the statute of limitations is suspended until the traveler or the organizer refuses to continue negotiations.
The statute of limitations occurs at the earliest three months after the end of the suspension.
12. Passport, visa and health regulations
World Visitor is responsible for informing the customer about passport, visa and health regulations at the time the contract is concluded. This does not apply to nationals of countries other than the one in which the trip is offered. World Visitor is not liable for the timely issuance and access of necessary visas by the respective diplomatic representation if the customer has commissioned the tour operator with the procurement unless World Visitor is responsible for the delay. The customer is responsible for compliance with all important regulations for the implementation of the trip. All disadvantages, in particular the payment of cancellation costs, which arise from non-compliance with these regulations, are at his expense. This does not apply if the non-compliance with these regulations is due to culpable incorrect information or failure to inform the tour operator.
13. Minimum number of participants
World Visitor reserves the right to cancel the trip up to 28 days before the start of the trip if the specified minimum number of participants is not reached if a minimum number of participants is indicated in the travel advertisement as well as in the travel confirmation. The travel price will be refunded immediately.
14. Travel Insurance
Travel cancellation insurance and travel interruption insurance are not included in the travel price. World Visitor recommends every customer to take out such insurance.
15.1. The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract. The same applies to the present travel conditions.
15.2. Printing and calculation errors are reserved.
15.3. Additional service descriptions from external media such as catalogs, hotel brochures, websites, etc. do not change the contractually agreed scope of services even if they are made accessible via World Visitor. In addition to the travel advertisement, only the order confirmation/invoice is decisive for the contractually guaranteed scope of services.
15.4. These conditions apply insofar as no special regulations are made in individual travel contracts.
15.5. If a partial service is not used (e.g. flight only, not hotel), the remuneration to be paid for the remaining partial service (s) is that which was requested for this partial service (s) at the time the contract was concluded, if this fee is higher than that actually agreed.