Terms & Conditions
A legal disclaimer
General Terms and Conditions for Trips of the publishing house Fischer und Gerlach GbR
Publisher Fischer and Gerlach GbR, Nagelstr. 1, 01279 Dresden, Germany
Conclusion of contract
By booking a trip, the customer makes a binding registration for a trip and accepts these GTC. The customer receives an automatic booking confirmation. The contract is then deemed to have been accepted.
Reservation of right to cancel if a minimum number of participants is not reached
If a specified minimum number of participants is not reached, the organizer may withdraw from the contract up to 90 days before the trip at the latest. The minimum number of participants stipulated for the trip also applies to any additional excursions that can be booked.
Data protection
The organizer collects and stores customer data exclusively for the processing of a trip, for contract processing with its service providers and for advertising purposes in the context of customer care. The customer can object to the use for advertising purposes at any time (Section 28 (4) of the Federal Data Protection Act). A brief written notification is sufficient, as is the exercise of other rights in accordance with Sections 34 and 35 of the Federal Data Protection Act. Data will not be passed on to third parties.
Services and changes to services
The individual contractual services of a tour are set out in the tour description. The organizer will carry out the trip with conscientious preparations, careful selection and monitoring of its service providers and the corresponding conditions of the destination country. The replacement of a booked service with another of equal value in the event that the originally planned service cannot be provided does not constitute a significant travel defect and does not entitle the customer to cancel the trip in accordance with § 651 e BGB. Reduction claims must be made to the organizer in writing.
Price changes after conclusion of contract
The tour operator is entitled to increase the confirmed tour price if unforeseeable changes in price components have occurred that were not foreseeable at the time the contract was concluded, such as changes in exchange rates for the tour; transportation costs (in particular due to increases in the price of oil); charges for certain services; entry, residence and public entry fees that have not come about in bad faith. These price increases are only permitted if there is a period of four months between the conclusion of the contract and the start of the trip. The travel price may be increased by the amount by which cost components have increased. The guest must be informed of the price increase immediately, but no later than 20 days before the trip. If the travel price increases by more than 5%, the customer is entitled to withdraw from the contract without paying compensation. Instead, he may assert his right in accordance with § 651 a para. 4 sentence 3 BGB (replacement trip). The withdrawal or the request for a replacement trip must be declared to the organizer immediately.
Payments
Upon receipt of the booking confirmation, the customer will be informed of the valid payment terms for the trip. No travel services can be used without prior full payment of the travel price. In the event of non-payment of the travel price by the customer, the organizer is entitled to withdraw from the contract and to send the customer a cancellation invoice in accordance with the applicable scale.
Cancellations
Cancellation of a trip by the customer must be made in writing. The following cancellation costs apply:
Until Feb. 6th 2025 20% cancellation fee
From Feb. 7th to Feb 21th 50% cancellation fee
From Feb 22th to March 7th 70% cancellation fee
From March 8th / no show 100% cancellation fee
The cancellation fee must be paid in any case and regardless of any waiting lists that may exist for the trips.
Reduction claims
The customer may claim a reduction in price for services not provided in accordance with the contract. The reduction shall not apply if the customer has failed to report the defect.
Liability
The contractual liability of the organizer for damages that are not physical injury is limited to three times the tour price, a) insofar as damage to the customer is not caused intentionally or through gross negligence or b) insofar as the ORGANIZER is responsible for damage incurred by the customer solely due to the fault of a service provider. 10.2 The ORGANIZER shall only be liable up to an amount of € 4,100 for all claims for damages against the ORGANIZER arising from tortious acts that are not based on intent or gross negligence. If the triple travel price exceeds this amount, the liability for material damage is limited to the amount of three times the travel price per trip and customer. The aforementioned limitations of liability do not apply to claims under the Montreal Convention for loss of luggage. The tour operator is not liable for disruptions to services, personal injury and damage to property in connection with services that are merely arranged as third-party services (e.g. excursions, sporting events, theater visits, exhibitions, transport services from and to the advertised departure and destination) if these services are expressly and clearly identified as third-party services in the travel description and booking confirmation, stating the contractual partner that arranged them, so that it is clear to the customer that they are not part of the tour operator's travel services. If, as part of a trip or in addition to it, transportation is provided on scheduled services (city buses, intercity buses, rail, ship, airplane) and the traveler is issued a corresponding transportation ticket, the tour operator shall provide third-party services in this respect, provided that it expressly refers to this in the travel advertisement and in the travel confirmation. The tour operator is therefore not liable for the provision of the transportation services themselves. Any liability in this case is governed by the transportation regulations of these companies. However, the tour operator is liable a) for services which include the transportation of the customer from the advertised point of departure to the advertised destination, intermediate transportation during the trip and accommodation during the trip, b) if and insofar as the breach of the tour operator's obligations to provide information, clarification or organization has caused damage to the customer.
Warranty
If the tour is not provided in accordance with the contract, the customer has the right to demand redress and to cooperate in this and to do everything possible to remedy the fault and minimize damage. A reduction of the travel price is only possible if the customer has reported the defect in good time.
Limitation of claims
Claims of the traveler according to §§ 651c to f BGB arising from injury to life, body or health, which are based on a negligent breach of duty by the tour operator or an intentional or negligent breach of duty by a legal representative or vicarious agent of the tour operator, expire after two years. This also applies to claims for compensation for other damages that are based on a grossly negligent breach of duty by the tour operator or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the tour operator. Claims of the customer according to §§ 651 c to 651 f BGB are subject to a limitation period of one year. The limitation period begins on the day on which the trip should end according to the contract.
Insurances
No insurance is included as part of the trip. The organizer recommends taking out appropriate insurance such as trip cancellation and interruption insurance, travel sickness insurance or luggage insurance.
Passport, visa and health regulations
The customer is responsible for complying with the passport, visa and health regulations of the destination country. All disadvantages, in particular the payment of cancellation costs arising from non-compliance with these regulations, shall be borne by the customer, unless they are due to culpable misinformation or non-information on the part of the organizer. The traveler should inform himself about infection and vaccination protection as well as other prophylactic measures.
Invalidity of individual provisions and choice of law
The invalidity of individual provisions shall not render the entire contract invalid. The contractual relationship between the customer and the organizer shall be governed exclusively by German law. This also applies to the entire legal relationship. Insofar as the organizer's liability is not governed by German law in the event of legal action by the customer against the organizer abroad, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the nature, scope and amount of the customer's claims.
Place of jurisdiction
The place of jurisdiction is the publisher's business address.
Germany, Dresden, March 2024