General Travel Conditions for Package Tours

The following General Terms and Conditions of Travel (GTCT), if effectively agreed, become part of the package travel contract between the customer (= traveller) and the tour operator Traveliccted. The ARB supplement the statutory provisions of §§ 651a et seq. BGB and Articles 250 and 252 of the EGBGB and fill them out. When booking a package tour, the traveler becomes a contractual partner of Traveliccted. Here it is irrelevant whether the traveler takes the package tour himself or he concludes a contract for other travel participants.

These General Terms and Conditions expressly do not apply if the traveler does not book a package tour in the sense of § 651a ff. BGB, but only individual travel services (e.g. hotel, rental car, excursion) with Traveliccted. This applies also and in particular if the traveler, despite the absence of a package tour, a security certificate to secure the paid travel price is handed over or if Traveliccted expressly acts as an agent for individual travel services or a combined travel service within the meaning of § 651w BGB and the traveler before booking separately and clearly pointed out.

1. Conclusion of the package travel contract/ Obligation for fellow travellers

1.1 The following applies to all booking channels (e.g. travel agency, direct, telephone, online, etc.)

1. 1. Basis of this offer are the travel description and the supplementary information of Traveliccted for the respective journey, as far as these are available to the customer at the time of booking.
   2. Employees of service providers (hotels, airlines, etc.) as well as travel agents are not authorized by Traveliccted to give assurances or information or to make agreements that go beyond the travel description, the booking confirmation or the pre-contractual information according to Art. 250 § 3 EGBGB of Traveliccted, contradict these or change the content of the package travel contract confirmed by Traveliccted.
   3. The traveller is liable for all contractual obligations of travellers for whom he makes the booking as for his own, insofar as he has assumed this obligation by express and separate declaration.
   4. If the content of the travel confirmation by Traveliccted differs from the content of the booking, a new offer by Traveliccted exists, to which Traveliccted is bound for a period of ten days. The contract is concluded on the basis of this new offer, insofar as Traveliccted has pointed out the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the customer declares acceptance to Traveliccted by express declaration or down payment within the binding period.
   5. The pre-contractual information given by Traveliccted about essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees (according to Article 250 § 3 number 1, 3 to 5 and 7 EGBGB) will only then not become part of the package travel contract, if this is expressly agreed between the parties.

1.2. For booking made verbally, by telephone, in writing, by e-mail or SMS:

1. 1. With the booking (travel registration), the customer offers Traveliccted the binding conclusion of the package travel contract.
   2. The contract is concluded with the receipt of the travel confirmation by Traveliccted. At or without delay after the conclusion of the contract Traveliccted will send the customer a travel confirmation in accordance with the legal requirements on a durable medium (which allows the customer to keep or store the declaration unchanged so that it is accessible to him within a reasonable period of time, e.g. on paper or by email), unless the traveler is entitled to a travel confirmation in paper form pursuant to Art. 250 § 6 para 1 sentence 2 EGBGB because the contract was concluded in the simultaneous physical presence of both parties or outside business premises.

1.3. In the case of bookings in electronic business transactions (e.g. internet, app, telemedia), the following applies to the conclusion of the contract:

1. 1. The process of electronic booking is explained to the customer in the corresponding application.
   2. The customer has a corresponding correction option available for correcting his entries, deleting or resetting the entire booking form, the use of which is explained.
   3. The contract languages offered for the execution of the electronic booking are indicated.
   4. As far as the contract text is stored by Traveliccted, the customer will be informed about this and about the possibility to retrieve the contract text later.
   5. By pressing the button (the Schaltfläche) “zahlungspflichtig buchen” or with comparable wording, the customer offers Traveliccted the conclusion of the package travel contract binding.
   6. The customer will receive an electronic confirmation of receipt of his travel registration without delay (confirmation of receipt).
   7. The transmission of the travel registration by pressing the button does not constitute a claim of the customer to the conclusion of a contract.
   8. The contract is only concluded upon receipt by the customer of the travel confirmation from Traveliccted, which is made on a durable data medium. If the travel confirmation is made immediately after pressing the button “book payment” by corresponding direct presentation of the travel confirmation on the screen, the package travel contract is concluded with the presentation of this travel confirmation. In this case, there is also no need for an interim notification of receipt of the booking in accordance with letter f) above, insofar as the customer is offered the option to store the booking on a durable medium and to print out the travel confirmation. However, the binding nature of the package travel contract is not dependent on the customer actually using these options for storage or printing.

1.4 Traveliccted points out that according to the legal regulations (§§ 312 Abs. 7, 312g Abs. 2 Satz 1 Nr. 9 BGB) for package travel contracts according to § 651a and § 651c BGB, which were concluded in distance selling (letters, catalogues, telephone calls, telecopies, e-mails, short messages sent via mobile phone (SMS) as well as broadcasting, telemedia and online services), there is no right of withdrawal, but only the legal rights of withdrawal and termination, especially the right of withdrawal according to § 651h BGB (see also Ziff. 5). However, there is a right of withdrawal if the contract for the package tour between Traveliccted and the traveller, who is a consumer, has been concluded outside business premises, unless the oral negotiations on which the conclusion of the contract is based have been conducted at the prior order of the consumer; in the latter case, there is no right of withdrawal.

2. Payment

2.1.  Traveliccted has taken out a deposit insurance policy with … to secure customer funds for package tour bookings. A security certificate is attached to the confirmation in these cases.

2.2. Irrespective of whether a package tour or an individual service has been booked, the amounts for down payment and final payment and, if applicable, the method of calculating the amounts due in the event of cancellation, result from the booking confirmation. After conclusion of the contract and after transmission of the security certificate to the traveller in text form in accordance with Section 651r (4) sentence 1 of the German Civil Code (BGB), Article 252 of the Introductory Act to the German Civil Code (EGBGB), a deposit of 20% of the tour price becomes due for payment if the traveller books the package tour without international travel/flight. If the traveller books the package tour with international arrival/flight, the deposit is 25%. For certain types of travel, such as safari tours, the deposit may be higher. In this case, Traveliccted will inform the traveler of the details prior to booking in a manner consistent with Art. 250 § 3 EGBGB and in the travel confirmation in a manner consistent with Art. 250 § 3. The balance is due 30 days before the start of the trip, provided that Traveliccted’s right of withdrawal can no longer be exercised for the reason stated in Ziffer 7. If the trip can still be cancelled for the reasons stated in clause 7, the balance for the trip is only due at the time when the trip can no longer be cancelled by Traveliccted.

2.3.  In the case of bookings made at such short notice before the start of the tour that the entire tour price is already due or Traveliccted is no longer able to cancel for the reasons stated in clause 7, the entire tour price is due immediately after the security note has been sent to the traveller in text form.

2.4. If the customer does not pay the deposit and/or the balance according to the agreed payment terms, although Traveliccted is ready and able to properly provide the contractual services, has fulfilled its legal information obligations, has provided the security certificate and there is no legal or contractual right of retention of the customer, Traveliccted is entitled to withdraw from the package tour contract after a reminder with a deadline and to charge the customer with withdrawal costs according to clause 4.2 sentence 2 to 4.4.

3. Changes to the contents of the contract before the start of the trip that do not affect the price of the trip

3.1.  Deviations of essential characteristics of travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and were not brought about by Traveliccted against good faith, are permitted to Traveliccted before the start of the trip, as long as the deviations are insignificant and do not affect the overall nature of the trip.

3.2.  The tour operator is obliged to inform the customer about changes in services immediately after knowledge of the reason for the change on a permanent data carrier (e.g. also by e-mail, SMS or voice message) in a clear, understandable and highlighted manner.

3.3.  In the event of a significant change to an essential characteristic of a travel service or the deviation from special requirements of the customer, which have become part of the package travel contract, the customer is entitled, within a reasonable period of time set by Traveliccted at the same time as the notification of the change, to

3.3.0. either accept the amendment
3.3.1. or to withdraw from the package travel contract free of charge
3.3.2. or to request participation in a substitute trip, if Traveliccted has offered such a trip.

The customer has the choice to respond or not to respond to Traveliccted’s notice. If the customer reacts to Traveliccted, then he can either agree to the contract change, demand participation in a substitute trip, if such was offered to him, or withdraw from the contract free of charge. If the customer does not react to Traveliccted or does not react within the set period, the communicated change is considered as accepted. The customer is to be pointed out to this in the explanation in accordance with number 3.2 in clear, understandable and emphasized way.

3.4. Possible warranty claims remain unaffected insofar as the changed services are defective. If Traveliccted had lower costs for the implementation of the changed trip or replacement trip with equivalent Beschaffenheit, the customer is to be reimbursed the Differenzbetrag in accordance with § 651m paragraph 2 BGB.

4. Cancellation by the customer before the start of the trip/cancellation costs

4.1.  The traveller can withdraw from the package tour contract at any time before the start of the tour. The withdrawal must be declared to Traveliccted. If the trip was booked through a travel agent, the withdrawal can also be declared to him. The customer is recommended to declare the withdrawal on a durable medium.

4.2.  If the customer withdraws before the start of the trip or does not start the trip, Traveliccted loses the claim to the travel price. Instead, Traveliccted may demand reasonable compensation insofar as it is not responsible for the withdrawal or if extraordinary circumstances arise at the destination or in its immediate vicinity which significantly affect the performance of the package tour or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond Traveliccted’s control and their consequences could not have been avoided even if all reasonable precautions had been taken.

4.3.  The amount of compensation is determined by the travel price less the expected saved expenses and the expected acquisition through other use of the travel services. Unless otherwise informed in advance and stated differently in the booking confirmation, Travelicctedthe compensation according to the date of receipt of the cancellation notice as follows with the respective cancellation rate:

For trips to the Maldives excluding international arrival/flight:

– up to 61 days before departure: 20% of the tour price
– 60 to 31 days before departure: 30% of the tour price
– 30 to 15 days prior to departure: 60% of the tour price – from the 14th day prior to departure: 70% of the tour price

For trips to the Maldives including international arrival/flight:

– up to 61 days before departure: 25% of the tour price
– 60 to 31 days before departure: 35% of the tour price
– 30 to 15 days before departure: 65% of the tour price – from the 14th day before departure: 75% of the tour price.

4.4. In any event, the Customer shall be entitled to prove that the reasonable compensation due to Traveliccted is substantially less than the liquidated damages claimed by the Customer.

4.5.  Traveliccted reserves the right to claim a higher, specifically calculated compensation instead of the above cancellation fees, insofar as Traveliccted can prove the occurrence of significantly higher expenses than the applicable cancellation fee. In this case, Traveliccted is obligated to specifically quantify the requested compensation, taking into account the saved expenses as well as minus what it acquires through other use of the travel service, and to justify it at the request of the traveler.

4.6.  If Traveliccted is obliged to refund the travel price as a result of a cancellation, it must do so without delay and in any case within 14 days of receipt of the cancellation notice.

4.7.  The statutory right of the customer to demand, in accordance with § 651e of the German Civil Code (BGB), by notification on a durable medium, that a third party take over the rights and obligations arising from the package travel contract, remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by Traveliccted 7 days before the start of the trip.

4.8.  Traveliccted strongly recommends that you take out cancellation insurance.

5. Rebooking by the traveller before the start of the journey

5.1  The traveller has no legal claim to a change with regard to the travel period, the place of departure, the accommodation, the pre-booked activities or the mode of transport. This does not apply if a rebooking becomes necessary due to incomplete or incorrect information pursuant to Art. 250 § 3 EGBGB; such a rebooking will be carried out free of charge for the traveler.

5.2  If Traveliccted makes a rebooking for the traveler at the request of the traveler in accordance with section 5.1 sentence 1, a rebooking fee of € 25.00 per service will be charged up to 21 days before departure, which must be paid by the traveler in addition to any new travel price for the rebooked service. The traveller will be informed of any new travel price arising due to the rebooking prior to the rebooking.

5.3  Requests for rebooking according to section 5.1 sentence 1 of the traveler can be carried out from 20 days before departure only after withdrawal from the travel contract by the traveler under the conditions applicable under section 4.3 and simultaneous rebooking; provided that the implementation of the rebooking requests is still possible at this time. This does not apply to such rebooking requests that only cause minor costs.

6. Service not used

If the traveler does not make use of individual travel services, which Traveliccted was willing and able to provide in accordance with the contract and which Traveliccted duly offered to the traveler, for reasons attributable to the traveler, the traveler is not entitled to a pro rata refund of the travel price, insofar as such reasons would not have entitled the traveler to withdraw free of charge or to terminate the travel contract in accordance with the statutory provisions. Traveliccted will make every effort to obtain reimbursement from the service providers for any expenses saved. This obligation does not apply if the expenses are completely insignificant or if a reimbursement is opposed by legal or official regulations.

7. Cancellation due to failure to reach the minimum number of participants

7.1. Traveliccted can only withdraw from the package travel contract due to failure to reach the minimum number of participants if Traveliccted

1. 1. has specified the minimum number of participants in the respective pre-contractual information and the point in time by which the customer must have received the declaration before the contractually agreed start of the journey at the latest, and
   2. specifies the minimum number of participants and the latest cancellation deadline in the travel confirmation. A withdrawal must be declared to the customer at the latest on the day indicated to the customer in the pre-contractual information and the travel confirmation. If it is already apparent at an earlier point in time that the minimum number of participants cannot be reached, Traveliccted must immediately exercise its right of withdrawal.

7.2 If the trip is not carried out for this reason, Traveliccted must immediately, and in any case within 14 days after receipt of the cancellation notice, refund payments made by the customer on the tour price.

8. Termination for reasons of conduct

Traveliccted may terminate the package travel contract without notice if the traveler, despite a warning by Traveliccted persistently disturbs or if he behaves in such a way contrary to the contract that the immediate cancellation of the contract is justified. This is not valid, as far as the behavior contrary to the terms of the contract is causally based on a injury of information duties of Traveliccted. If Traveliccted cancels the contract for one of the reasons mentioned in this clause, Traveliccted retains the right to the tour price; however, Traveliccted must take into account the value of the saved expenses as well as those advantages that Traveliccted gains from an alternative use of the unused service, including the amounts credited to it by the service providers.

9. Obligation of the traveller to cooperate

9.1.  Travel documents
The customer must inform Traveliccted or the travel agent through whom he/she booked the package if he/she does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period notified by Traveliccted.

9.2.  Notice of defects/request for remedy
If the travel is not provided free of travel defects, the traveler can demand remedy. As far as Traveliccted could not provide remedy due to a culpable omission of the notice of defects, the traveler can neither assert claims for reduction according to § 651m BGB nor claims for damages according to § 651n BGB. The traveler is obligated to give his notice of defect immediately to the representative of Traveliccted on site. If a representative of Traveliccted is not available on site and is not contractually owed, any travel defects are to be brought to the attention of Traveliccted under the notified contact point; the availability of the representative of Traveliccted or his contact point on site is informed in the travel confirmation. However, the traveler may also bring the notice of defects to the attention of his travel agent through whom he booked the package tour. The agent of Traveliccted is instructed to provide a remedy if possible. However, he is not authorized to recognize claims.

9.3.  Notice period
If a customer/traveller wishes to terminate the package travel contract due to a travel defect of the type described in § 651i para. 2 BGB, insofar as it is significant, in accordance with § 651l BGB, he/she must first set Traveliccted a reasonable deadline for remedial action. This does not apply only if the remedy is refused by Traveliccted or if the immediate remedy is necessary.

9.4. Damage and delay to baggage when travelling by air; special rules and time limits for seeking redress

1. 1. Traveliccted does not accept any liability for damage to baggage or loss of baggage during air travel, unless this is part of the travel service offered by Traveliccted. If a flight is included in the travel booked by the traveler with Traveliccted, the following lit. 2. and 3. apply.
   2. The passenger is informed that, in accordance with air traffic regulations, loss, damage and delay of baggage in connection with air travel must be reported by the passenger to the responsible airline immediately on the spot by means of a damage report (“P.I.R.”). Airlines and Traveliccted may refuse refunds based on international agreements if the claim form has not been completed. The claim must be filed within 7 days in the case of damage to baggage and within 21 days in the case of delay.
   3. In addition, the loss, damage or misrouting of baggage must be reported immediately to Traveliccted, Traveliccted’s agent or point of contact, or the travel agent. This does not exempt the traveler from submitting the claim to the airline in accordance with letter 2. within the above deadlines.

10. limitation of liability

10.1. The contractual liability of Traveliccted for damages that do not result from injury to life, body or health is limited to three times the travel price, insofar as these were not culpably caused. If international agreements or legal regulations based on such apply to a travel service, according to which a claim for damages against the service provider only arises or can only be asserted under certain conditions or limitations or is excluded under certain conditions, Traveliccted can refer to this vis-à-vis the traveler.

10.2. Traveliccted is not liable for service disruptions, personal injury and property damage in connection with services that are only mediated as external services (e.g. mediated excursions, sporting events, theater visits, exhibitions), if these services were expressly and clearly identified as external services in the travel description and the travel confirmation, stating the identity and address of the mediated contractual partner, so that they are not recognizable for the traveler as part of the package tour of Traveliccted and were selected separately. The §§ 651b, 651c, 651w and 651y BGB remain unaffected. Traveliccted is liable, however, if and insofar as the breach of information, education or organizational obligations of Traveliccted was the cause of damage to the traveler.

10.3. Traveliccted is not liable for services which are used by the traveller as part of the package and which are not arranged or organised by Traveliccted or its local representatives, but for example by the hotel or other persons or companies on their own responsibility.

11. Assertion of claims; addressee, information on consumer dispute resolution

11.1. Claims according to § 651i para. 3 no. 2, 4-7 BGB have to be asserted by the customer/traveller against Traveliccted. The assertion can also be made through the travel agent, if the package tour was booked through this travel agent. An assertion on a durable data medium is recommended. The traveler’s claims under the travel contract are subject to a limitation period of two years. The limitation period begins on the day on which the package tour should end according to the contract.

11.2. With regard to the law on consumer dispute resolution, Traveliccted points out that Traveliccted does not participate in a voluntary consumer dispute resolution and is not legally obliged to do so. If a consumer dispute resolution would become obligatory for Traveliccted after the printing of these travel conditions, Traveliccted will inform the customer about this in an appropriate form. Traveliccted refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.

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

The EU regulation on informing passengers of the identity of the operating air carrier requires Traveliccted to inform the customer of the identity of the operating air carrier of all air transport services to be provided as part of the booked journey at the time of booking. If the operating airline has not been determined at the time of booking, Traveliccted is obliged to inform the customer of the airline or airlines likely to operate the flight or flights. As soon as Traveliccted knows which airline will operate the flight, Traveliccted must inform the Customer. If the airline named to the Customer as the operating airline changes, Traveliccted must inform the Customer of the change. It must immediately take all reasonable steps to ensure that the Customer is informed of the change as soon as possible. The list of airlines banned from EU operations (Community List, formerly “Black List”) is available on the following website: http://ec.europa.eu/transport/modes/air/safety/air-ba n/index_en.html

13. Passport, visa and health requirements

13.1. Traveliccted will inform the customer/traveller about general passport and visa requirements as well as health police formalities of the country of destination including the approximate deadlines for obtaining any necessary visas before conclusion of the contract as well as about any changes to these before the start of the journey.

13.2. The traveller is responsible for obtaining and carrying the travel documents required by the authorities, any vaccinations required and for complying with customs and foreign exchange regulations. Disadvantages resulting from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the traveler. This does not apply if Traveliccted has not informed the traveler, or has informed him inadequately or incorrectly.

13.3. Traveliccted is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation, if the traveler has commissioned him with the procurement, unless Traveliccted has culpably violated its own obligations.

14. Tour operator

Traveliccted
Represented by the owner Mrs. Anke Reddemann
Erich-Heckel-Ring 5
31228 Peine (Germany)
Phone: +49 (0) 175 3815868; +960 7799950 Email: [email protected]
Internet: www.traveliccted.com

15. Data protection notice

Status: 02 August 2022