General Terms and Conditions

GENERAL TERMS AND CONDITIONS (GTC) General Terms and Conditions (GTC) of Mediengruppe Neuer Weg GmbH

§ 1 Scope of Application

For the business relationship between People to People, a brand of Mediengruppe Neuer Weg GmbH (hereinafter: the Seller) and the purchaser, the following General Terms and Conditions shall apply.

§ 2 Reservation of Non-Availability

We reserve the right to refrain from executing your order if we do not have the ordered title in stock, the title that is not in stock is out of print at the publisher, and the ordered goods are therefore not available. In such case, we will inform you immediately of the non-availability and refund without delay any purchase price you may already have paid.

§ 3 Reservation of Price Adjustment by the Book Trade

We reserve the right to pass on to the customer price changes due to the statutory fixed book price system.

In this case, we will inform you immediately of the changed price determination. If you do not wish to purchase the affected item at the changed price, we will refund without delay any purchase price already paid.

If it is a price increase, a corresponding price correction shall be made in the case of payment by invoice or by direct debit. For payment methods with immediate payment (e.g., PayPal, credit card, Google Pay), the price difference must be paid before delivery of the goods.

§ 4 Retention of Title

Until the purchase price claim has been fully satisfied by the purchaser, the delivered goods shall remain the property of the Seller.

§ 5 Warranty

The statutory law on liability for defects shall apply.

§ 6 Applicable Law and Place of Jurisdiction

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the purchaser is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be the court competent for our registered office in Essen.

(Status: 13 June 2014)

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Overview of the applicable General Terms and Conditions of People to People Reisen, Owner: Marlies Schuhmann (hereinafter “People to People”)

A) Preliminary remark

Principles

Dear Travel Customer, PEOPLE TO PEOPLE – which roughly means friendship between peoples – offers a unique travel program: holiday homes and apartments in various regions of Germany and worldwide, group tours, and coach tours. With our trips, we want to enable and promote getting to know people and exchanging experiences and culture, and to combine this with relaxation and fun. The following travel conditions are intended to form part of the best possible joint preparation for your trip.

Some explanations of important terms frequently used below:

The organizer of a (package) tour is, as a rule, whoever offers at least two pre-determined individual travel services as a whole (§ 651a German Civil Code – BGB), for example hotel and flight in a pre-determined bundle. The contracting parties are the traveler and the tour organizer. A security certificate must be issued (§ 651k BGB). In exceptional cases, the travel agency can also be the organizer of the trip.

The intermediary of a (package) tour is the party who arranges travel services between the traveler and the tour organizer (§§ 675, 631 BGB). As a rule, the travel agency is an intermediary of the trip.

Service provider is the party who provides a service within the travel contract relationship, i.e., the hotel, the airline, etc.

Travel contract law is consumer protection law pursuant to § 651a et seq. BGB for the initiation and execution of a (package) tour and regulates the relationship between the traveler and the tour organizer. For individual travel services, travel contract law applies if holiday accommodation, hotel rooms, motorhomes, etc. are offered in a manner equivalent to that of an organizer. If you book a package tour, the General Terms and Conditions of the tour organizer with whom you booked the trip must be observed. If the booking was made via a travel intermediary, the intermediary’s General Terms and Conditions must also be observed for the brokerage. If you book individual services such as transportation or accommodation separately, please note the General Terms and Conditions of the respective service provider. If you book a package tour via this website, please note our brokerage conditions. If you wish to book a package tour offered by us, please note our general travel conditions. The General Terms and Conditions of other organizers, service providers or suppliers will be made available to you in the respective booking process.

B) User relationship for the use of this website

Please also note the terms of use for this website, which include general principles of website use and the privacy policy and apply in addition to the provisions below.

Below you will find:

C) our brokerage conditions for cases in which we act as intermediary for the trip or service, and

D) our travel conditions for cases in which we ourselves are the organizer of the trip.

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C) Brokerage conditions

1. Scope

These brokerage conditions apply to our brokerage services. The user of the website can check the availability of trips and other services according to their wishes and information and can book trips and other services. In addition, general travel information and notices are provided.

2. Brokerage of travel and other services for third parties

1. We act as intermediary between the organizer of (package) tours and other service providers and the customer (user of this website) and are not involved as a contractual partner in the provision of the service. This shall only not apply if we are named or designated as the organizer in the offer of services; in that case our travel conditions regulated in section D) apply.

2. The offers presented by us on the internet do NOT constitute a binding contractual offer by us or by the respective organizer or provider. By entering their data and submitting the online booking form, the customer makes a binding contractual offer. The contractual relationship is concluded when the customer receives a declaration of acceptance. Any acknowledgements of receipt issued by us (i.e., mere confirmation that we have received the brokerage order) do not constitute acceptance of the offer. In the case of an available trip or service, the contract with the customer is concluded with the organizer or service provider when that party declares acceptance of the customer’s offer.

3. We assume no liability whatsoever for the performance of the travel services/offers presented or booked on the website and give no assurances regarding the suitability or quality of the travel services/offers shown on the website. The responsible party is the respective organizer/provider with whom the customer concludes the contract.

3. Service fee

1. Within the framework of a contract for services (business management contract), the customer commissions us to advise them in relation to the services of the organizers/providers and to broker these services. Service fees are charged for this in part.

2. The service fee is payable in addition to the claims of the organizers/providers and is due immediately. In the brokerage of package tours, the customer must pay a service fee only for special services of the intermediary listed in the price list, unless otherwise agreed individually.

4. Inclusion of GTC of organizers and service providers

For the contractual relationship between the customer and the organizer/service provider, the agreed contractual conditions there and the General Terms and Conditions (GTC) of the respective organizer/provider and/or their service providers apply. These contractual conditions and GTC are named and made available in the respective service descriptions. They may regulate, e.g., payment conditions, provisions on due dates, liability, cancellation, rebooking and refunds, and other rights and obligations. The customer is obliged to inform themselves about the exact content of the applicable contractual conditions and GTC in the information sources offered, in particular insofar as these are offered by reproduction on the website. The customer may not invoke ignorance of contractual conditions and GTC made available to them in a reasonable manner via this route.

5. Customer obligations

Defects in our brokerage service must be reported to us immediately. We must be given the opportunity to remedy. If the customer culpably fails to make such notification, any claims of the customer arising from the brokerage contract shall lapse insofar as a reasonable remedy by us would have been possible. Claims arising from tortious liability remain unaffected.

6. Insurance

We point out the possibility and any necessity of concluding suitable insurance, in particular:

travel cancellation insurance and/or insurance to cover repatriation costs in the event of accident or illness,
travel baggage insurance,
foreign travel health insurance.

The examination of the necessity of concluding and the suitability of any of the above-mentioned or further insurance lies exclusively with the customer.

7. Payment of the price

1. Insofar as we invoice travel or other services and collect payments in this respect, this is done in the name and for the account of the respective organizer/provider. This shall not affect our rights to collect service fees owed to us.

2. The payment terms are governed by the GTC and other rules of the respective organizer/provider. Insofar as we accept payments for an organizer of a package tour, we may demand and accept payments on the tour price only after issuance of the security certificate within the meaning of § 651k (3) BGB and only before the end of the trip. In such a case, we request a down payment on behalf of the organizer only after the security certificate has been transmitted, in an amount of up to 20% of the tour price.

3. We reserve the right to pass on to the customer any chargeback fees in the event of credit card payment or bank direct debit.

8. Liability

1. We are not liable for the success of the brokerage or the provision of the service itself, but only for the fact that the brokerage is carried out with the required care. When providing notes and information within the scope of the law, we are liable for the careful selection of the information source and the correct transmission to the customer. Liability for the accuracy of information provided does not exist pursuant to § 676 BGB. This does not apply if a special information contract has been concluded.

2. To the extent reasonable for us, we endeavor to ensure that the information, software and other data available on the website, in particular with regard to prices, restrictions and dates, are up to date, complete and correct at the time of publication.

3. We assume no warranty whatsoever for the accuracy, completeness and reliability as well as permissibility of third-party content, unless statutory grounds of liability apply to us in this respect.

4. We are not liable for the loss, destruction or damage of documents in connection with shipping where such loss, destruction or damage is not attributable to us.

The individual details of (package) tours and services are based on the information provided by the organizers/providers. This does not constitute any assurance on our part. All services presented on the website are available only to a limited extent. We are not liable for the availability of a service at the time of booking. This does not apply insofar as incorrect or inaccurate information was known to us or should have been known to us by applying customary commercial and industry care. In this respect, our liability for “should have known” is, however, limited to cases of intent or gross negligence.

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D) Travel conditions

Preliminary remark:

Please note that the travel conditions below apply only in cases in which we are the organizer of the trip you booked within the meaning of § 651a (1) BGB. Please also read the explanations in section A) as to the conditions under which a (package) tour exists.

1. Conclusion of the travel contract

1. By registering, the customer offers us, as organizer, the conclusion of a travel contract on a binding basis. Registration takes place using the booking routine provided on the internet. Only in cases where this is expressly stated in the travel description, the booking routine, the catalog or the brochure, may the registration also be made in the form specified there in writing, orally, by telephone, by fax or by email.

2. The offers shown by us on the internet or in other descriptions underlying the booking do NOT constitute a binding contractual offer. By entering their data and submitting the online booking form, the customer makes a binding contractual offer. The registration is made by the customer also for all participants listed in the registration, for whose contractual obligations the customer is liable as for their own obligations, provided the customer has assumed a corresponding separate obligation by an express and separate declaration.

3. Any acknowledgements of receipt issued by us (i.e., mere confirmation that we have received the brokerage order) do not constitute acceptance of the offer.

4. The contract is concluded upon acceptance by us. Acceptance does not require a particular form, but in the case of internet bookings is generally made by an electronically transmitted declaration of acceptance. At or immediately after conclusion of the contract, we provide the travel confirmation.

2. Services and changes of services

1. The service description on the internet and the content of the travel confirmation are solely decisive for the service owed by the organizer. Other descriptions of travel services including the price information there become part of the contract only insofar as the service description published on the internet expressly refers to them. Additional agreements effectively made with the customer remain unaffected.

2. Changes and deviations of essential travel services from the agreed content of the travel contract that become necessary after conclusion of the contract and that were not brought about by us contrary to good faith are permitted only insofar as they are not significant and do not impair the overall character of the booked trip.

3. Any warranty claims remain unaffected insofar as the changed services are defective.

4. We are obliged to inform the customer immediately of changes or deviations of services.

5. In the event of a change of an essential travel service, the customer is entitled to withdraw from the travel contract free of charge or to demand participation in at least an equivalent trip if we are able to offer such a trip from our program without surcharge for the traveler. The traveler must assert these rights to us immediately after our declaration about the change of the travel service.

3. Payment of the price and handing over of travel documents

1. Before the end of the trip, we may demand and accept payments on the tour price only after issuance of the security certificate within the meaning of § 651k (3) BGB. We request a down payment only after transmission of the security certificate in an amount of up to 20% of the tour price. The down payment is credited against the price. The remaining payment is due to be received by us four weeks before departure, provided the security certificate has been handed over and the trip can no longer be cancelled for the reason stated in clause 8.2.

2. If the trip does not last longer than 24 hours, includes no overnight stay, and the tour price does not exceed EUR 75, the full tour price may also be demanded without handing over a security certificate.

3. You will receive all travel documents in good time before departure. If the dispatch of the original documents is not possible for time reasons, we will transmit the vouchers or your proof of entitlement by fax, email, orally, or in another suitable manner.

4. Price increase

1. We reserve the right to change the price agreed in the travel contract in the event of an increase in transportation costs or in charges for certain services, such as harbor or airport fees, or a change in the exchange rates applicable to the relevant trip, as follows:

If transportation costs existing at the time of conclusion of the travel contract increase, in particular fuel costs, we may increase the tour price in accordance with the following calculation:
a) If the increase relates to a seat, we may demand the increase amount from the traveler.
b) In other cases, the additional transportation costs demanded by the carrier per means of transport shall be divided by the number of seats of the agreed means of transport. We may demand the resulting increase amount per individual seat from the traveler.

2. If charges existing at the time of conclusion of the travel contract, such as harbor or airport fees, are increased against us, the tour price may be increased by the corresponding proportional amount.

3. An increase is permitted only if more than 4 months lie between conclusion of the contract and the agreed travel date and the circumstances leading to the increase had not occurred prior to conclusion of the contract and were not foreseeable for us at the time of conclusion of the contract.

4. In the event of a subsequent change in the tour price, we will inform the traveler immediately. A price increase is permitted only if it is demanded up to the 21st day before the agreed travel date. In the event of price increases of more than 5%, the traveler is entitled to withdraw from the travel contract free of charge or to demand participation in at least an equivalent other trip if we are able to offer such a trip from our program without surcharge for the traveler.

5. The traveler must assert these rights to us immediately after our declaration about the change in the tour price.

5. Withdrawal by the customer before departure (cancellation fees) and rebooking

1. You may withdraw from the trip at any time before departure. Withdrawal in writing is recommended. The organizer loses the claim to the tour price insofar as the customer withdraws before departure or does not commence the trip. In the event of withdrawal or non-commencement, the organizer may demand compensation for the travel arrangements made and for expenses incurred, unless the withdrawal is attributable to the organizer or a case of force majeure exists. In calculating the compensation claim, usually saved expenses and usually possible alternative use of the travel services must be taken into account. The organizer may calculate this compensation as a lump sum per person as follows, depending on the proximity of the withdrawal date to the contractually agreed departure date:

Withdrawal from the 60th to the 45th day before departure: lump sum EUR 25,
Withdrawal up to the 30th day before departure: 30% of the total tour price,
Withdrawal from the 29th to the 15th day before departure: 60% of the total tour price,
Withdrawal from the 14th day until departure: 80% of the total tour price.

2. The customer remains free to prove that no damage or a substantially lower damage was incurred than the lump sum demanded by us.

3. We strongly recommend concluding travel cancellation insurance.

4. There is no entitlement to rebookings (e.g., changes of travel date, destination, place of departure, means of transport, accommodation, etc.). If we nevertheless fulfil a rebooking request, a lump sum of EUR 25 per person (for flight-only services EUR 15 per person) will be charged.

After the start of the periods stated in clause 5.1, rebooking is generally excluded.

6. Services not taken up

In the case of services properly offered but not used due to early return journey or other compelling reasons, we will endeavor to obtain reimbursement of saved expenses from the service providers. This obligation does not apply if the services are completely insignificant or if legal or official provisions prevent it.

7. Termination by us due to the traveler’s conduct

After commencement of the trip, we may terminate the travel contract without notice if you persistently disrupt the conduct of the trip despite a warning or behave in such a manner contrary to contract that immediate termination of the contract is justified. Despite our termination, we retain the claim to the full tour price; however, we must credit the value of saved expenses and those advantages we obtain from alternative use of the services not used, including amounts credited by our service providers.

8. Withdrawal due to not reaching the minimum number of participants

1. We may withdraw due to not reaching the minimum number of participants only if

the travel description of the trip concerned stated the minimum number of participants and the point in time by which, before departure, the declaration of withdrawal must have reached the traveler, and
these details were clearly indicated in the travel confirmation.

2. Withdrawal from the trip must reach the traveler no later than the 23rd day before the agreed departure. If it is already apparent earlier that the minimum number of participants cannot be reached, the right of withdrawal will be exercised immediately. 3. If the trip is not carried out due to the withdrawal, the payment made will be refunded without delay.

9. Customer’s duties to cooperate

1. In the event of disruptions of services, you are obliged to cooperate within the framework of the statutory provisions in order to avoid or minimize possible damage.

2. In particular, you are obliged to inform the local tour guide immediately of your complaints. The local tour guide is instructed to provide remedy insofar as possible. If no local tour guide exists, the request for remedy must be addressed directly to us.

3. If a trip is significantly impaired due to a defect and the organizer does not provide remedy within a reasonable period, the traveler may terminate the travel contract within the framework of the statutory provisions—written form is recommended in the traveler’s own interest and for evidentiary reasons. The same applies if the traveler cannot reasonably be expected to continue the trip due to a defect for an important reason apparent to the organizer. Setting a period for remedy is unnecessary only if remedy is impossible or refused by the organizer or if immediate termination is justified by a special interest of the traveler. If the contract is terminated thereafter, the traveler retains the claim to return transportation. The traveler owes the organizer only the part of the tour price attributable to the services used, insofar as these services were of interest to the traveler.

4. Damage to or delays in delivery of baggage and goods in air travel must be reported by the organizer immediately on site, at the latest within seven days after discovery of damage to baggage, within 14 days since acceptance for goods, and in the event of delay at the latest 21 days after baggage or goods were made available to the traveler, by means of a damage report (P.I.R.) to the responsible airline. Airlines generally reject reimbursement if the damage report has not been completed. In addition, loss, damage or misrouting of baggage must be reported to the tour guide or the organizer’s local representative.

10. Exclusion of claims and limitation period

1. Claims due to travel services not provided in accordance with the contract must be asserted by the customer against the tour organizer within one month after the contractually scheduled end of the trip. After expiry of the period, the customer may assert claims only if they were prevented, through no fault of their own, from meeting the period.

2. The limitation period is suspended during negotiations about the claim until the traveler or the organizer refuses to continue negotiations. The limitation period begins at the earliest three months after the end of the suspension.

3. Claims arising from unlawful acts are subject to the statutory limitation period.

11. Passport, visa and health regulations

1. We ensure that customers who are nationals of the European Community are informed about passport, visa and health regulations before conclusion of the contract as well as about any changes before departure. For nationals of other states, the competent consulate provides information.

2. We are not liable for the timely issuance and receipt of necessary visas by the respective diplomatic mission if the traveler has commissioned us to obtain them, unless the delay is attributable to us.

3. The customer is responsible for obtaining and carrying the necessary travel documents, any required vaccinations, and compliance with customs and foreign exchange regulations. All disadvantages, in particular the payment of cancellation costs, arising from non-compliance with these regulations are borne by the customer. This does not apply if the customer was culpably not, insufficiently or incorrectly informed by the organizer.

4. The traveler should additionally inform themselves in good time about infection and vaccination protection as well as other prophylactic measures; if necessary, medical advice should be sought regarding thrombosis and other health risks. Reference is made to general information, in particular from public health authorities, travel-medicine experienced physicians, tropical medicine specialists, travel-medicine information services, or the Federal Centre for Health Education. Our statutory information duties remain unaffected.

12. Duty to inform about the identity of the operating air carrier

Pursuant to EU Regulation 2111/2005, the organizer is obliged to inform the traveler at the time of booking about the identity of the operating airline for all air transport services to be provided in connection with the booked trip. If the operating airline is not yet known, the most likely operating airline must first be stated and the traveler must then be informed accordingly as soon as the operating airline has been determined. If the operating airline changes, the organizer must inform the participant immediately. The information about the operating airline within the meaning of EU Regulation 2111/2005 does not establish a contractual entitlement to carriage by the named airline and does not constitute an assurance unless a corresponding assurance results from the travel contract. Insofar as contractually permissible, the organizer expressly reserves the right to change the airline. The “Community list” of unsafe airlines published by the European Commission on the basis of EU Regulation 2111/2005 is available at:

https://www.eu-info.de/leben-wohnen-eu/schwarze-liste-flugzeugesellschaften/