Service » Travel Conditions

Content

1) Conclusion of travel agreement
2) Payment
3) Services
4) Changes in services and prices
5) Cancellation by the tour participant, changes in reservations, substitute persons
6) Cancellation and termination by the tour operator
7) Warranty rights
8) Limitation of liability
9) Obligation to provide assistance
10) Exclusion of claims and statutory limitation thereof
11) Legal venue

8. Limitation of liability

The tour operator’s contractual liability for damage that is not personal injury is limited to three times the tour price,

(1) to the extent that damage incurred by the participant is due neither to willful conduct nor gross negligence, or
(2) to the extent that the tour operator is responsible for damage caused to the participant only through the fault of a service provider.

In cases involving personal injury the tour operator’s liability for all customer claims in tort against the operator, insofar as they are not due to willful conduct or gross negligence, amounts to € 75.000,00 per customer and tour. Liability for damage to property is limited to € 4.000,00 per customer and tour. If the tour price exceeds € 4.000,00 liability is limited to three times the tour price. In this connection, customers are advised to take out travel-accident and baggage insurance in their own interest.

The tour operator shall not be liable for defective services within the context of third-party services that are merely negotiated and are expressly characterized as third-party services in the tour description.

The tour operator’s liability is limited or excluded to the extent that such liability on the part of the service provider is also limited or excluded under international agreements or statutory provisions based thereon which govern the services provided by the service provider.

If the tour operator should act as a 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 (for flights to the USA and Canada only). These conventions generally limit the air carrier's liability for death or personal injury as well as loss of and damage to baggage. To the extent that the tour organizer is a service provider in other cases, the latter's liability will be governed by the relevant provisions.