General Terms and Conditions – GTC

1. Conclusion of the travel contract

1.1 The travel contract is concluded between Daniel Wiegand & Dominik Wiegand GbR (hereinafter referred to as “DWDW”) and the member of the European Parliament (hereinafter referred to as “MEP”) and the travel participants. DWDW offers the MEP the conclusion of a binding travel contract and is bound to it until acceptance, but no longer than 14 days after submission of the offer. The MEP can accept this offer in writing, by e-mail or verbally or by telephone. DWDW has the right to change the offer for objectively justified, significant and unforeseeable reasons within the binding period, provided that DWDW informs the MEP immediately. When the contract is concluded, the MEP receives the travel confirmation by e-mail, fax or SMS, etc., which also serves as a confirmation of the contract and corresponds to Section 651d Paragraph 3 Sentence 2 BGB. If both parties are present when the contract is concluded or if the contract is concluded outside of the organiser’s business premises, the MEP has the right to a confirmation of the contract in paper form.

1.2 The travel participants are represented by the MEP in the context of a group trip for the conclusion of the travel contract and also for all other actions within the framework of the travel contract. In addition, section 1.1 applies accordingly. Booking a group trip, i.e. H. the conclusion of a group travel contract by the MEP without the binding specification of all travel participants is only possible if the MEP expressly declares that he is responsible for the obligations arising from the group travel contract as a whole. In such a case, a corresponding declaration form is attached to the DWDW offer. This obligation expires as soon as the DWDW receives a binding list of participants. Otherwise, §§ 177, 179 BGB apply.

1.3 If the content of the acceptance by the MEP differs from the offer, the MEP has made a new offer to conclude a travel contract to which the MEP is bound for a period of ten days. The contract is concluded on the basis of this new offer if DWDW declares acceptance in writing within the binding period.

1.4 In the case of travel registrations via the Internet, the MEP or the travel participant offers the organizer the binding conclusion of the travel contract by clicking on the button “Book with obligation to pay”. Receipt of the booking (travel registration) is immediately confirmed electronically to the MEP or travel participant (only confirmation of receipt, no acceptance). Acceptance takes place through the travel confirmation within three days. In addition, the instructions for booking and travel confirmation on the website are authoritative.

2. Payment

The registered travel participants pay the travel price no later than four weeks before departure.

3. Services

3.1 The services that are contractually agreed can be found in the service description in the offer and the information relating to this in the travel confirmation sent by DWDW after the travel contract was concluded.

3.2 DWDW has to fulfill information obligations prior to travel registration, insofar as this is relevant for the planned package tour, according to § 651d Paragraph 1 BGB (in particular about essential characteristics of the trip, travel price, deposit and final payment, minimum number of participants, cancellation fees, form for package tours).

DWDW has to inform about its assistance obligations and to fulfill them according to § 651q BGB, if travel participants e.g. are in difficulty with the agreed return transport or for other reasons. In the event of travel participants’ fault, the organizer can demand reimbursement of reasonable and actually incurred expenses.

4. Changes in services and prices

4.1 DWDW has the right to unilaterally increase prices of up to 8% of the travel price only if there are reasons for the increase resulting from transport costs (fuel, other energy sources) that are higher after the conclusion of the contract, or increased taxes and other charges (tourist taxes, port or airport charges), or change of the exchange rates applicable to the package tour. If the price increase exceeds 8% of the travel price, DWDW cannot carry it out unilaterally, but only under the strict requirements of Section 651g BGB. To this extent, he can offer travel participants a corresponding price increase and demand that they accept or withdraw from them within the reasonable period set by the organizer. Details result from § 651g BGB.

4.2 This subsequent right to change prices only applies if there are more than four months between the conclusion of the contract and the start of the journey. DWDW will not make use of its right to change prices from the twentieth day before the agreed departure date.

4.3 In the event of a price increase of more than 5% of the travel price or in the event of a significant change in an essential travel service, the travel participants are entitled to withdraw from the travel contract free of charge or to request participation in a trip of at least equivalent value from the DWDW travel program, provided that DWDW is actually able to offer such a trip. The travel participants must assert these rights immediately after the declaration by DWDW about the price increase or change in the travel service to DWDW.

5. Cancellation by the traveler, rebooking, substitute participants

5.1 The traveler can withdraw from the trip at any time before the start of the trip. The decisive factor is the receipt of the cancellation notice at DWDW. The traveler is advised to declare the withdrawal in writing by registered mail. If the traveler withdraws from the travel contract or does not start the trip, DWDW can demand compensation for the travel arrangements made and for his expenses. This does not apply to the cancellation due to price increases in accordance with Section 4. 3. DWDW is entitled to charge a flat rate for the claim for compensation, taking into account the following structure according to the proximity of the date of cancellation to the contractually agreed start of the trip:

Cancellation table

up to 42 days before departure 20%

41st to 30th day before departure 50%

29th to 15th day before departure 60%

14th to 3rd day before departure 80%

2nd day until departure 90%

5.2 Changes at the request of the traveler

The travel contract will be changed at the request of the traveler (rebooking) if the desired new or changed travel service can be offered or provided by DWDW. Before the 42nd day before the start of the trip, DWDW can charge a flat-rate rebooking fee of EUR 20.00 per traveler. Changes to bookings made after the 42nd day before the start of the trip, if its implementation is at all possible, can only be made after canceling the travel contract under the conditions set out in Section 5.1 and a new registering simultaneously. The above sentence does not apply to rebooking requests that only incur minimal costs.

5.3 Until the start of the trip, the traveler can demand that a third party instead enters into the rights and obligations arising from the travel contract. DWDW can object to the entry of the third party if the third party does not meet the special travel requirements or if its participation precludes legal regulations or official orders. If a third party enters into the contract, he and the replaced traveler are jointly and severally liable for the travel price and the additional costs resulting from the entry of the third party.

5.4 The traveler has the right to prove to DWDW that DWDW has actually incurred no or lower costs than the flat-rate cancellation costs (section 5.1). In this case, the traveler is only obliged to compensate for the costs actually incurred.

5.5 Insofar as DWDW incurs costs in individual cases that are not covered by the above-mentioned flat-rate cancellation costs, DWDW has the right to demand higher compensation from the traveler. The higher costs have to be quantified and documented to the traveler.

6. Withdraw and cancellation by DWDW

DWDW can withdraw from the travel contract or cancel the travel contract after the start of the journey in the following cases:

6.1 Without observing a deadline:

If the traveler permanently disrupts the implementation of the trip despite a warning from DWDW or if he behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If DWDW cancels for this reason, DWDW retains the right to the full travel price.

6.2 Up to 5 weeks before departure:

If the DWDW’s offer expressly refers to a minimum number of participants, DWDW can withdraw from the travel contract up to five weeks before the start of the journey if the minimum number of participants is not reached, including through withdrawals of individual travelers in accordance with section 5.1. The declaration of withdrawal must be sent to the travelers immediately. The payments already made by the travelers are to be reimbursed immediately.

7. Cancellation of the contract due to exceptional circumstances

If the trip is made significantly more difficult, endangered or impaired as a result of force majeure that was not foreseeable at the time the contract was concluded, both DWDW and the traveler can cancel the contract. If the contract is canceled, DWDW can demand appropriate compensation from the traveler for the travel services that have already been provided or for the travel services that have yet to be provided to end the journey. Furthermore, DWDW is obliged to take the necessary measures, especially if the contract includes the return transport, to transport the traveler back. The parties bear half of the additional costs for the return transport. In all other cases the traveler is responsible for additional expenses.

8. Failure to reach the minimum number of participants

Insofar as the DWDW has indicated in the offer for a group trip that the group trip can only be carried out if a specified minimum number of participants has been reached, the MEP must inform DWDW immediately as soon as it becomes apparent that this minimum number of participants will not be reached. If the minimum number of participants is not met, DWDW has two options:

a) DWDW can carry out the group trip at the agreed price (maintenance of the travel contract). The travelers are still bound by the travel contract.

b) Alternatively, DWDW can offer the travel group to carry out the trip at the initially agreed price plus the additional costs arising from the smaller number of participants (cancellation of the old and conclusion of a new travel contract). In this case, travelers are entitled to refuse to conclude the new travel contract with the higher price. The old contract is then canceled, whereby the MEP has to reimburse DWDW for the evidenced expenses for travel planning as well as any cancellation costs that are demanded by service providers.

9. Mediation of external services

In the case of additional ancillary services expressly and clearly designated as mediated in the prospectus, the travel documents and in the other declarations (attendance of events, etc.), DWDW is not the organizer, but merely an agent within the meaning of § 651v BGB. As an intermediary, DWDW is only liable for the mediation (including booking errors for which DWDW is responsible according to § 651x BGB), but not for the mediated services themselves (see §§ 675, 631 BGB). A contractual liability as an agent is excluded, as long as there is no physical injury, intent or gross negligence, main obligations from the travel agent contract are affected, a reasonable possibility to take out insurance or an agreed quality is missing.

10. Warranty

10.1 Remedy

If the trip is not performed in accordance with the contract, the traveler can request remedial action. DWDW can refuse the remedy if it requires disproportionate effort. DWDW can also remedy the situation in such a way that DWDW provides an equivalent replacement service.

10.2 Reduction of the travel price

For the duration of a non-contractual provision of the trip, the traveler can request a corresponding reduction in the travel price. The travel price is to be reduced in the ratio in which, at the time of the sale, the value of the travel in a defect-free condition would have been at the actual value. The reduction does not occur if the traveler culpably fails to notify the defect immediately. If DWDW could not remedy due to the culpable omission of the notification by the traveler, the traveler cannot demand a reduction in price according to § 651m BGB or compensation according to § 651n BGB.

For the duration of the lack of travel, the travel price is reduced according to § 651m BGB.

10.3 Cancelation of the contract

If a trip is significantly impaired as a result of a defect and DWDW does not remedy the situation within a reasonable period of time, the traveler can terminate the travel contract in his own interest and for reasons of preservation of evidence by means of a written declaration. The same applies if the traveler cannot be expected to travel due to a defect for an important reason that can be demonstrated to DWDW. There is no need to set a deadline for remedial action only if remedial action is impossible or is refused by DWDW, or if the immediate cancelation of the contract is justified by a special interest of the traveler. He owes DWDW the part of the travel price for the services used, provided these services were of interest to him.

The consequences of the cancelation result from § 651l Abs. 2 and Abs. 3 BGB.

10.4 Without prejudice to the reduction or cancelation, the traveler can demand compensation for non-fulfillment, unless the defect of the trip is due to a circumstance for which DWDW is not responsible.

11. Agreement in accordance with EC Regulation No. 261/2004

The traveler hereby agrees with DWDW that he shall have the rights asserted in its own name to which he is entitled under EC Regulation No. 261/2004, in particular compensation and support services in the event of denied boarding due to overbooking, cancellation or a long delay in flights, primarily against the operating air carrier, transporting the traveler. Only if and insofar as the traveler provably cannot enforce his claim for compensation against the air carrier does he reserve the right to assert these rights against DWDW. A loss of rights for the traveler is expressly excluded by this agreement; this does not result in any obligation on the part of the traveler to make a preliminary claim. At the choice of the traveler, the refusal letter of the transporting air carrier or other suitable documents (telephone note, proof of delivery of a registered letter, etc.) are sufficient to prove that the claim has not been successfully enforced.

Credit for travel price reduction:

Insofar as the traveler receives such services or other compensation services on the basis of the Warsaw Convention or Montreal Agreement or their respective additional protocols or implementing regulations, he already irrevocably agrees that these payments will be considered against possible warranty claims against DWDW acc. 10 of these terms and conditions. DWDW guarantees that the traveler will not lose any rights as a result. Since the burden of proof rests with the traveler, he is advised to assert the right to a reduction in the travel price as a precaution against DWDW in the form of § 651g BGB.

12. Limitation of liability

12.1 DWDW’s contractual liability for damage that is not physical damage is limited to three times the travel price,

a) insofar as damage to the traveler is not caused intentionally or through gross negligence or

b) insofar as DWDW is responsible for damage incurred by the traveler solely due to the fault of a service provider.

12.2 DWDW is liable for property damage up to a maximum amount of EUR 4,100.00 for all claims for damages made against DWDW for tortious acts that are not based on intent or gross negligence. If three times the travel price is above this amount, liability for property damage is limited to three times the travel price. These maximum amounts of liability apply to each participant and trip.

12.3 DWDW is not liable for service disruptions in connection with services that are only brokered as third-party services (e.g. flights, sporting events, theater visits, exhibitions) and which are expressly marked as third-party services in the travel advertisement. A claim for damages against DWDW is excluded in this respect.

12.4 If DWDW has the position of a contractual air carrier, liability is regulated in accordance with the provisions of the Air Transport Act in conjunction with the international agreements of Warsaw, The Hague, Guadalajara and the Montreal Agreement (only for flights to the USA and Canada). These agreements generally limit the carrier’s liability for death or personal injury, and for loss and damage to luggage. If DWDW is a service provider in other cases, DWDW is liable according to the provisions applicable to these.

13. Obligation to cooperate

The traveler is obliged to cooperate in the event of service disruptions within the scope of the statutory provisions, to avoid possible damage or to keep it to a minimum. In particular, the traveler is obliged to immediately report his complaints to the local tour guide. He is instructed to provide remedial action if possible. If the traveler culpably fails to notify a defect immediately, a claim for a reduction occurs in particular in accordance with para. 10.2. In this case, DWDW is still entitled to the travel price, provided that expenses and benefits that have not been saved result from another use of the travel service(s). Claims for damages by DWDW remain unaffected.

14. Exclusion of claims and limitation

Travelers have claims due to non-contractual provision of the trip acc. § 651g BGB to assert against DWDW within one month after the contractually stipulated end of the trip. This also applies to claims due to secondary or pre-contractual breaches of duty by DWDW. After the deadline, travel participants can assert claims if they were prevented from meeting the deadline through no fault of their own. The statutory limitation periods apply. The statute of limitations begins on the day on which the trip should end according to the contract. If a travel participant has made such claims, the statute of limitations is suspended until the day on which DWDW rejects the claims in writing. In the latter case, the aforementioned statute of limitations does not come into effect before three months after the end of the suspension.

15. Severability clause

Should one or more of the provisions of these provisions be or become ineffective, this shall not affect the validity of the remaining provisions. In such a case, the statutory regulation takes the place of the ineffective provision.

16. Applicable law / place of jurisdiction

16.1 These terms and conditions and the respective contractual relationships concluded on this basis are subject to the law of the Federal Republic of Germany.

16.2 The exclusive place of jurisdiction for complaints by the traveler is the seat of DWDW. For complaints by DWDW against the traveler, the place of residence of the traveler is decisive, unless the complaint is directed against general merchants or persons who do not have a general place of jurisdiction in Germany, or against persons who are domiciled or habitually resident after conclusion of the contract have moved abroad or whose domicile or habitual residence is not known at the time the lawsuit is filed. In these cases, the seat of DWDW is decisive.

As of November 10th, 2020