General Terms and Conditions (GTC) of WORLD VISITOR
1.1. With the travel registration, the customer makes a binding offer to the tour operator (hereinafter referred to as World Visitor ) to conclude a travel contract based on the travel claim 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 person responsible for the group in the name of World Visitor .
1.2. If the content of the travel confirmation differs from the content of the registration or booking, there is a new offer from World Visitor 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 the start of the trip — explained.
A deposit of 20% of the travel price is due upon conclusion of the contract and delivery of the travel price guarantee certificate within the meaning of Section 651k, Paragraph 3 of the German Civil Code. The remaining payment is due no later than 28 days before the start of the trip.
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 deposit amount is not paid in full even after a reminder and setting a deadline, or the entire travel price after a reminder and setting a deadline, World Visitor is entitled to withdraw from the contract and to demand compensation for damages in the amount of the cancellation fees mentioned under No. 5.
3.1. Which services are contractually agreed results from the description of services in the brochure/offer from World Visitor and from the information in the booking confirmation referring to this. Further services can result from written and legally binding agreements made with the customer.
3.2. Excursions marked as "optional" are to be paid for separately and will only be carried out if there are enough participants.
3.3. World Visitor does not authorize service providers (accommodation and catering establishments, sports providers, ski lift operators, ship, bus, and train transport companies) to give assurances or make agreements that go beyond the travel description of World Visitor, their offer or booking confirmation or contradict this or change the confirmed content of the travel contract.
3.4. Local, hotel or house brochures that World Visitor does not publish are not binding for them unless they have been made the subject of the contractual services of World Visitor by express agreement with the customer.
which services were rendered by World Visitor.
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 good faith, are permitted provided the changes or deviations are not significant, do not lead to a significant change in the travel service and do not affect the overall design 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 and deviations in service.
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 equal value if World Visitor can offer such a trip. The customer has to assert this right immediately after the declaration by World Visitor about the change in the travel service or the cancellation of the trip.
4.3. World Visitor can change the prices advertised and confirmed with the conclusion of the contract as follows 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: Increase the prices upon conclusion of the travel contract Existing transport costs, in particular 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 in the agreed means of transport. The resulting increased amount for the single-seat can be requested from the customer. If the charges existing at the time of the conclusion of the travel contract, such as port or airport fees, are increased towards World Visitor, World Visitor can increase the travel price by the corresponding proportionate amount.
4.4. If the exchange rates change after the conclusion of the travel contract, the travel price can be increased to the extent that the trip 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 trip and the circumstances leading to the increase had not yet occurred at the time the contract was concluded and were not foreseeable. World Visitor will inform the traveler 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 free of charge if an equivalent trip can be offered. Up to 5 days before the start of the trip, 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, World 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 prove that costs were not incurred or were significantly lower.
4.5. Rebookings by the customer (change of travel start or end, travel duration, departure point, hotel, etc.) are taken into account to the extent that they are feasible. World Visitor is entitled to charge a flat fee of 25 euros per person for rebookings made after the conclusion of the contract and up to 30 days before the start of the trip. Rebookings that are made later than 30 days before the start of the trip can only be considered a withdrawal by the customer from the travel contract with subsequent re-registration.
5.1. The customer can withdraw from the trip at any time before the start of the trip. The resignation should be 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 must also be paid if a travel participant does not arrive at the departure airport or place of departure in good time at the times stated in the travel documents or if the trip does not start due to the absence of travel documents, such as a passport or necessary visas, for which the organizer is not responsible becomes.
5.3. World Visitor can flat-rate its claim for compensation as a percentage of the travel price, taking into account the following structure, based on the proximity of the time of withdrawal to the contractually agreed start of travel.
The general entitlement to cancellation fees is as follows:
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 departure = 65% of the total price
c) 14.-8. Day before departure = 85% of the total price
d) 7th - 1st day before departure = 90% of the total price
e) 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 times, a cancellation fee of 20% of the total price will be charged 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.
6.1. World Visitor can terminate the travel contract without notice if the execution of the trip is permanently disrupted by the customer despite a warning from the organizer. The same applies if a customer behaves in breach of 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 disruptor himself. However, World Visitor must allow for the value of saved expenses and those advantages that are obtained from another use of unused services, including any reimbursements by service providers.
6.2 World Visitor can withdraw from the trip up to 5 weeks before the start of the trip (receipt by the customer) if the minimum number of participants specified in the respective service description and in the travel confirmation is not reached. 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 receive the paid travel price back immediately.
6.3 In the event of withdrawal by World Visitor in accordance with Section 6.2, the customer is entitled to request participation in another trip of at least equal value if World Visitor is able to offer such a trip from its range at no additional cost to the customer. The customer must assert this right against World Visitor immediately after the declaration of withdrawal. If the customer does not make use of his right to participate in a trip of equal value, he will receive the paid travel price back immediately.
With regard to 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 at the time 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 provision of Section 651e Paragraph 3 Clause 1 and 2, Paragraph 4 Clause 1 shall apply. The parties shall each bear half of the additional costs for the return transport. In all other cases, the traveler is responsible for additional expenses."
If the trip is not provided in accordance with the contract, the customer is entitled to demand a remedy. World Visitor can refuse to remedy the situation 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 demand 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 demand a corresponding reduction in the travel price (reduction). The travel price is to be reduced in proportion to the actual value of the trip in a defect-free condition at the time the contract was concluded. The reduction does not occur 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 remedy the situation within a reasonable period of time, the customer can terminate the travel contract within the framework of the statutory provisions.
The same applies if the customer cannot be expected to take the trip as a result of a defect for important reasons that World Visitor can identify. The determination of a period for remedy is only not required if the 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 canceled after that, the customer retains the right to return transport. The customer owes World Visitor the part of the travel price attributable to the services used, provided these services were of interest to him.
Irrespective of 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.
9.1. The contractual liability of World Visitor for damage that is not bodily harm is limited to three times the travel price, a) if damage to the traveler is not caused intentionally or through gross negligence or b) if World Visitor is solely responsible for damage suffered by 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 against World Visitor from 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 amounts 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 third-party services and that are expressly marked as third-party services in the travel description. This does not apply if World Visitor violates its selection and monitoring obligations with regard to the 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 limitations due to international conventions 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.
9.5. If World Visitor is assigned the position of a contractual air carrier, liability is governed by the provisions of the Air Traffic Act in conjunction with the international agreements of Warsaw, The Hague, Guadalajara, and the Montreal Agreement. These conventions generally limit the carrier's liability for death or personal injury and for loss of and damage to baggage. If 9.5. If World Visitor is assigned the position of a contractual air carrier, liability is governed by the provisions of the Air Traffic Act in conjunction with the international agreements of Warsaw, The Hague, Guadalajara, and the Montreal Agreement. is the service provider in other cases, 9.5. If World Visitor is assigned the position of a contractual air carrier, liability is governed by the provisions of the Air Traffic Act in conjunction with the international agreements of Warsaw, The Hague, Guadalajara, and the Montreal Agreement. is liable according to the provisions applicable to these.
9.6. If 9.5. If World Visitor is assigned the position of a contractual air carrier, liability is governed by the provisions of the Air Traffic Act in conjunction with the international agreements of Warsaw, The Hague, Guadalajara, and the Montreal Agreement. is assigned the position of a contractual shipowner for ship trips, the liability is also governed by the provisions of the Commercial Code and the Inland Waterways Act.
9.7. The customer is responsible for taking part in sports and other holiday activities. 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.
10.1. The customer is obliged to cooperate in the event of disruptions to performance within the framework of the statutory provisions, to avoid any damage, and/or to keep it to a minimum. In particular, the customer is obliged to inform the local tour guide of his complaints immediately. This is commissioned to remedy the situation if this is 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, a claim for reduction does not arise. When traveling by air, the customer is obliged to be at the airport counter for check-in at least 2 hours before the scheduled departure. In the case of late arrival at the airport counter, the passenger has to accept additional costs due to rebooking if the check-in process has already been completed. There is then no longer any obligation to take it 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 at the latest seven days before the start of the trip, the customer must contact World Visitor immediately.
10.3. The exact travel times will be announced when the travel documents (tickets, etc.) are sent. If the customer books connecting transport, the customer must take this fact into account as well as the fact that there can always be delays in the transport itself for a variety of reasons. The customer must allow sufficient time intervals for any delays in the transport.
10.4. In the case of air travel, the customer must obtain information about the specific flight times from the local tour guide between 24 hours and 48 hours before the planned return flight.
11.1. Claims for non-contractual provision of the trip (§§ 651c to 651f BGB) must be asserted against World Visitor at the latest within one month after the contractually agreed end of the trip. After the deadline has expired, the customer can assert claims if he was prevented from complying with 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, become statute-barred after 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 in one year.
11.4. The statute of limitations according to the above paragraphs 11.2. and 11.3. begins on the day following the contractual end of the trip.
11.5. Claims based on tort become statute-barred after three years.
11.6. If negotiations are pending between the traveler and the organizer about the claim or the circumstances justifying the claim, the limitation period is suspended until the traveler or the organizer refuses to continue the negotiations.
The statute of limitations begins three months after the end of the suspension at the earliest.
World Visitor is responsible for informing the customer about the provisions of 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 issue and receipt 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 regulations important for the implementation of the trip. All disadvantages, in particular the payment of cancellation costs, arising from non-compliance with these regulations are at his expense. This does not apply if the non-compliance with these regulations is due to the tour operator culpably providing incorrect or non-information.
World Visitor reserves the right to cancel the trip up to 28 days before the start of the trip if the stated minimum number of participants is not reached if the travel description and the travel confirmation refers to a minimum number of participants. The travel price will be refunded immediately.
Travel cancellation insurance and travel interruption insurance are not included in the travel price. World Visitor recommends every customer take out such insurance.
15.1. The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract. The same applies to these travel conditions.
15.2. Printing and calculation errors are reserved.
15.3. Additional service descriptions from external media such as catalogs, hotel brochures, websites, or similar. do not change the contractually agreed scope of services even if they are made accessible via World Visitor. In addition to the travel description, 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. only flight, not hotel), the fee for the remaining partial service(s) is to be paid that was requested for this partial service(s) at the time the contract was concluded, if this fee is higher than what was actually agreed.
15.6. The application of German law is agreed. The place of jurisdiction for complaints by travel customers against World Visitor is Munich. Munich is agreed as the place of jurisdiction for lawsuits against customers or contractual partners who are merchants, legal entities under private or public law or persons who are resident abroad or whose domicile or habitual abode is not known at the time the lawsuit is filed. If something else in favor of the customer results from contractually non-mandatory provisions of international agreements or provisions of member states of the EU to which the customer belongs, the aforementioned conditions do not apply.