1. registration and confirmation
With your registration you offer us the conclusion of a binding travel contract. The registration is also binding for the other participants identified by you in the order, for whose contractual obligations you are also responsible.
The contract is concluded with the acceptance by us. You will receive a written confirmation and invoice from us.
If the content of our confirmation/invoice deviates from the content of the registration, a new offer is made to which we are bound for a period of 7 days. The contract is concluded on the basis of this new offer if you declare acceptance to us within these 7 days; otherwise there is no travel contract between you and us.
2. payment
Upon conclusion of the contract, please pay 50% of the tour price per person. This deposit will be credited to the tour price. The remaining amount of also 50% to be paid no later than 01.12.2019. The deposit must be paid within 7 working days after delivery of the invoice. If we have not received a deposit at this time, there is no right to a travel place. We do not issue reminders for the deadlines. Cancellation and rebooking fees are due immediately. For bookings made on or after December 01, 2019, the full tour price is due in one sum and must be credited to our account within 7 business days.
2.1 Payment with credit card
When paying by credit card, the entire tour price plus. charged a processing fee to the credit card. Partial payments are not possible with this payment method.
2.2 Payment via PayPal
When paying via PayPal, the entire tour price will be debited from your PayPal account. Partial payments are not possible with this payment method.
2.3 Payment by instant bank transfer
When paying by instant bank transfer, the entire travel price will be debited from your account. Partial payments are not possible with this payment method.
3. travel program and services, right to own image
The scope of the contractual services results from the service description on the website and from the corresponding information in the travel confirmation. We expressly point out that with regard to the parties listed in the application, we reserve the right to make changes regarding the DJs, the time and the locations.
Our trips are often accompanied by the press. The traveler agrees that he/she may be photographed, filmed or recorded. The traveler agrees to the free publication of the audio or visual recordings made.
4. service and price changes
Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not caused by us against good faith, are permitted, provided that the changes or deviations are not significant and do not affect the overall nature of the booked trip.
Any warranty claims shall remain unaffected insofar as the modified services are defective.
We reserve the right to change the advertised prices confirmed with the booking in the event of an increase in transport costs or charges for certain services, such as airport taxes, any increases in the price of kerosene or a change in the exchange rates applicable to the trip in question, to the extent that their increase per person or per seat affects the price of the trip, provided that there are more than 5 working days between the conclusion of the contract and the agreed date of travel.
In the event of a subsequent change in the travel price or a change in an essential travel service, we will inform you immediately, but no later than 5 working days before departure. Price increases after this date are not permitted. In case of price increases of more than 5% or in case of a significant change of an essential travel service, you are entitled to withdraw from the travel contract without any fees. Please assert the aforementioned rights in writing immediately after our declaration of the price increase or change in the travel service. This does not apply to changes in the program due to governmental, official or religious regulations of the destination country.
5. withdrawal of the customer, written form
5.1. Resignation
If you withdraw from the travel contract or do not start the trip, we can demand compensation for the travel arrangements made and our expenses. Our claim for compensation is lump-sum, taking into account the usually saved expenses and possible other use. The amount of the claim for compensation can be found in section 18 of these travel conditions.
5.2. Written form
Cancellation, rebooking and change declarations are in principle informally possible, but should in your interest for reasons of proof in any case in writing.
6. services not used
If you do not make use of individual travel services as a result of an early return journey or for other compelling reasons, we shall endeavor to obtain reimbursement from the service providers for the expenses saved. This obligation shall not apply if the services are completely insignificant or if reimbursement is precluded by statutory or official provisions.
7. withdrawal and cancellation by the tour operator
We can withdraw from the travel contract before the start of the trip or cancel the travel contract after the start of the trip in the following cases:
a) without observing a period of notice, if the traveler disturbs the execution of the trip in spite of our warning or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If we terminate the contract, we retain the right to the travel price; however, we must take into account the value of the saved expenses as well as the advantages we gain from other use of the services not used, including the amounts credited to us by the service providers;
b) up to two weeks before the start of the trip, if the advertised or officially determined minimum number of participants is not reached, if a minimum number of participants is indicated in the travel advertisement for the respective trip. In any case, we are obliged to inform you immediately after the occurrence of the condition for the non-implementation of the trip and to send you the cancellation notice without delay. You will receive the paid travel price back immediately. If it becomes apparent at an earlier stage that the minimum number of participants cannot be reached, we will inform you of this;
c) up to four weeks before the start of the trip, if the execution of the trip after exhaustion of all possibilities is not reasonable for us because the booking volume for this trip is so low that the costs incurred by us in the event of the execution of the trip would mean exceeding the economic sacrifice limit related to this trip, unless we are responsible for the reasons leading to this.
If the trip is cancelled for this reason, you will be refunded the paid travel price immediately.
8. cancellation of the contract due to force majeure
If the trip is significantly impeded, endangered or impaired as a result of force majeure not foreseeable at the time of conclusion of the contract, both you and we may terminate the contract. This is based on an explicit travel warning issued by the German Foreign Office. If the contract is terminated, we may demand reasonable compensation for the travel services already provided or still to be provided for the termination of the trip.
We are obliged to take the necessary measures, in particular, if the contract includes return transportation, to transport you back. The additional costs for the return transport are to be borne by you and us in equal parts. For the rest, the additional costs will be charged to you.
9. liability of the tour operator
9.1. Own services
We are liable within the scope of due diligence of a prudent businessman for:
– the conscientious preparation of the trip;
– the careful selection and monitoring of service providers;
– the accuracy of the description of all travel services indicated, unless we are not liable pursuant to sec. 3 have declared a change in the information before the conclusion of the contract, but not for the information in local, hotel or other brochures not published by us, which have been issued by our booking offices or are enclosed with your travel documents;
– the proper provision of the contractually agreed travel services.
9.2. Vicarious agents
We are liable for any fault of the persons entrusted with the provision of services.
9.3. Third-party services
If, as part of a trip or in addition to it, transportation is provided by scheduled transport and you are issued with a corresponding transportation pass for this, we will provide third-party services in this respect, provided that we expressly refer to this in the travel description. We are therefore not liable for the provision of the transport service itself. Any liability in this case is governed by the transport regulations of these companies, to which you are expressly referred and which we will make available to you upon request. We are also not liable for service disruptions in connection with other services that are merely arranged as third-party services (e.g. congresses, concerts, sports, theater events, excursions) and which are also expressly identified as third-party services in the travel description.
Some transfers, if not explicitly included in the tour description, are not part of the tour and will be organized by us using means typical for the country (e.g. shared cabs without seatbelts or motorboats). The traveler can use the means of transport organized by us. The contracting party here is only the transport operator (e.g. cab operator). Any liability on our part for damages incurred by such transfers is excluded. Any claims for damages are to be directed against the respective carrier.
10. warranty
10.1. Remedy and obligations to cooperate
If the trip is not provided in accordance with the contract, you can demand redress. This requires your cooperation – without prejudice to our primary obligation to perform. Therefore, you are obligated to do everything reasonable to contribute to the elimination of the malfunction and to keep any resulting damage as low as possible or to avoid it altogether. We can refuse the remedy if it requires a disproportionate effort. In particular, you are obliged to report your complaints immediately. To do so, please first contact our local representatives in the destination area (see travel documents). If the travel documents do not contain a reference to a local representative, please contact us directly!
You can reach us at the telephone number shown at the end of these travel conditions. during normal business hours. Or send us an e-mail or fax. In any case, please indicate the trip number, destination and travel dates mentioned in the documents.
10.2. Reduction of the travel price
For the duration of a non-contractual provision of the trip, you can demand a corresponding reduction of the tour price (reduction). The reduction does not occur if you have culpably omitted to report the defect.
10.3. Termination of the contract
If the trip is significantly impaired as a result of a defect and we do not provide a remedy within a reasonable period of time, although you have requested it, you may terminate the travel contract within the framework of the statutory provisions.
10.4. Damages
Notwithstanding the reduction or termination, you can claim damages for non-performance, unless the defect of the trip is due to a circumstance for which we are not responsible.
11. passport, visa, customs, foreign exchange and health regulations.
We are responsible for informing nationals of the country in which the trip is offered about provisions of passport, visa and health regulations and any changes to them before the start of the trip. For nationals of other countries, the relevant consulate will provide information.
We are not liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation, even if you have commissioned us to procure them, unless we are responsible for the delay.
You are responsible for compliance with all regulations important for the implementation of the trip. All disadvantages resulting from their non-compliance shall be borne by you, except if they are caused by our culpable misinformation or incorrect information.
12. limitation of liability
12.1. Contractual limitation of liability
Our contractual liability for damages that are not bodily injuries is limited to the travel price,
1. insofar as damage to the traveler has not been caused by us either intentionally or through gross negligence, or
2. insofar as we are responsible for a loss incurred by the traveler solely due to the fault of a service provider.
12.2. Tortious limitation of liability
Claims for damages against us in tort are limited to EUR 60,000 in the case of personal injury and to EUR 4,000 in the case of property damage, provided that the damage was caused neither intentionally nor by gross negligence.
If the travel price exceeds EUR 2,666, liability is limited to the amount of the travel price. These maximum liability amounts apply per customer and trip.
12.3. Legal limitation of liability
A claim for damages against us is limited or excluded to the extent that, based on international agreements or statutory provisions based on such agreements which are applicable to the services to be provided by a service provider, a claim for damages against the service provider may only arise or be asserted under certain conditions or limitations or is excluded under certain conditions.
Insofar as we are the contractual air carrier, liability is governed by the provisions of the Air Transport Act in conjunction with the International Conventions of Warsaw, The Hague, Guadalajara and the Montreal Convention.
These agreements generally limit the carrier’s liability for death or personal injury and for loss of or damage to baggage. If we are the service provider in other cases, we shall be liable in accordance with the provisions applicable to them.
If we have the position of a contractual shipowner for ship voyages, liability is also governed by the provisions of the Commercial Code and the Inland Navigation Act.
13. exclusion of claims and statute of limitations
Claims for non-contractual performance of the trip can be asserted against us within one month after the contractually agreed end of the trip. After expiry of the deadline, you may only assert claims if you were prevented from complying with the deadline through no fault of your own. In your own interest, you should make the claims in writing.
Your claims under the travel contract become time-barred in six months. The limitation period begins on the day on which the trip should end according to the contract. If you have asserted claims, the limitation period shall be suspended until the day on which we reject the claims in writing. Claims in tort are subject to a limitation period of three years.
14. insurances
For your own safety, we recommend that you take out travel cancellation insurance in good time. In many cases, the RRV will reimburse you for most of the agreed cancellation costs if you have withdrawn from the trip for an important reason. Likewise, in the event of early or late return travel, the additional return travel costs will be reimbursed.
15. place of jurisdiction
The place of jurisdiction for fully qualified merchants, for persons who do not have a general place of jurisdiction in Germany, as well as for persons who have moved their place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is not known at the time the action is brought, is the registered office of the organizer named at the end of the travel conditions.
16 Ineffectiveness of individual provisions
The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract.
17. data protection
All personal data that you provide to us for the processing of your trip are protected against misuse in accordance with the Federal Data Protection Act.
18. flat-rate cancellation fee (cf. item 5.1)
Please be sure to note any deviating information in the individual offer! All data per person, unless otherwise stated below!
Up to 30. day before departure 50% of the tour price,
from 29th to 22nd day 55%,
from 21st to 15th day 70%,
from 14th to 7th day 85%,
from the 6th day 100%;
in all cases at least EUR 50.
19. prospectus information
The creation of this website took place in September 2019. By its very nature, the brochure / website can only give the details of the travel arrangements that are fixed at that time, such as dates and departure times. Changes in this respect are possible and remain reserved. Therefore, only the content of the booking confirmation in connection with the booking and other legally valid agreements shall be decisive with regard to dates, prices, travel times, etc.
Organizer
PARTYSAN Central GmbH
Pfuelstraße 5
D-10997 Berlin
Phone: +49 30 400567-0
Fax: +49 30 400567-19
Mail info{at}thaibreak.net
HRB 104002B / Berlin Charlottenburg Local Court
GF Thomas Kleutgen
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