General standard terms and conditions valid for contract conclusions starting from 01.07.2018
Terms of travel of KINDERVEREINIGUNG Leipzig e.V.
Dear legal custodians and participants, KINDERVEREINIGUNG LEIPZIG e.V. organises international youth meetings, work camps and other measures of international youth work (hereinafter referred to as “travel”) as part of its activities in accordance with 11 SGB VIII (child and youth welfare). Because we offer programmes and accommodation as well as travel to and from the event, we are a travel organiser in terms of travel law. Therefore, in our General Terms and Conditions we speak of “travel” although on the homepage and in our further communication we speak of youth encounters, etc.. Because the KINDERVERVEINIGUNG Leipzig e.V. as organiser and the sponsors of our measures (ERASMUS+, city of Leipzig, and others) want to make clear that international youth exchanges, etc. are not tourist trips or holiday camps, but special educational events, at which young people from different countries meet. For this reason, we speak below of “travel price” and not of “participation fee” as in our other communication.
Your contractual partner will be the KINDERVEREINIGUNG Leipzig e.V., to whom you turn with your “binding registration” to book a trip. With your booking we ask for your trust in our offers. Confidence requires knowledge of the rights and obligations of both parties. Therefore, these TERMS AND CONDITIONS, without which it is unfortunately not possible, and the contents of the contract to be concluded with you, regulate the relationship between the participant of the trip and us as organiser.
- Participants and contractual basis
Children and adolescents may register as participants of the trips through their legal representatives in accordance with the age of travel specified in the travel description and other conditions of participation specified therein. Special arrangements may be made for individual trips. The following are decisive for the content of the contract and the execution of the trip:
- these TRAVEL CONDITIONS
- the description of the trip according to the section concerned on the homepage
- the information about the holiday requirement
- the trip-specific information sheet and the organiser’s information at preparatory meetings for individual trips.
- Registration and travel confirmation
With the registration for the journey, among other things by transmitting/handing over of the form “binding travel registration” or in other legally binding way, the participant offers the conclusion of a travel contract obligatorily to the organiser. Minor participants are represented in relation to the Tour Operator by their respective legal representative entitled to personal care (hereinafter referred to as “legal representative”), who always makes declarations regarding the contractual relationship on behalf of the participant and in his own name. If several legal representatives exist, the declaration of one legal representative alone shall be decisive for the organiser. Insofar as the participant is subsequently named with regard to his rights and obligations, the corresponding provision shall always also apply to the legal representative in his own name, unless it results from the nature of the provision that it only applies to the participant himself.
The participant is bound to the declaration of registration for the trip for 14 days.
The travel contract is only concluded when the registration for the trip has been expressly accepted by the organiser – as a rule – by issuing and handing/sending a travel confirmation to the participant. If the content of the travel confirmation deviates from the content of the registration, a new offer is available from the Organizer to which the latter is bound for a period of ten days. The travel contract comes into effect on the basis of this new offer if the traveller declares acceptance to the organiser by express declaration, or implied by making a down payment or payment of the balance.
In the case of an electronic transmission of the booking request, the Tour Operator shall immediately confirm receipt of the booking to the Participant electronically. If the booking confirmation is made immediately after confirmation of the button “Pay to book” by means of a corresponding immediate display of the booking confirmation on the screen, the travel contract is concluded with the display of this booking confirmation. In this case, no interim notification of receipt of the booking is required if the participant is offered the opportunity to store the booking on a permanent data carrier and to print out the travel confirmation.
The participant is hereby informed that, in accordance with the statutory provisions of § 312 g Para. 2 Sentence 1 No. 9 of the German Civil Code (BGB), there is no right of revocation in the case of package travel contracts concluded at a distance after conclusion of the contract for all the above booking types. A withdrawal from the contract according to § 651 h BGB, however, is possible at any time under consideration of the regulation in number 7.
- Travel price, handover of travel documents and terms of payment
The travel price is determined by the travel description valid for the respective holiday period. Reductions require the express written agreement or confirmation of the tour operator. Any other personal grants, subsidies, etc. used by the participant for the trip as well as the amount of the deposit to be paid shall not be affected by the above provisions.
After receipt of the travel confirmation and the delivery of the security certificate, the participant must make a down payment of 20% of the travel price within 14 days.
The remaining amount is due four weeks before the start of the trip against handing over of all further travel documents, if the trip can no longer be cancelled according to section 13. or the travel advertisement or if no other agreements have been made.
If the contract is concluded within 4 weeks before the start of the trip, the full travel price is due upon receipt of the travel confirmation and the security certificate.
If the participant is partially or completely in arrears with the payment of the tour price, the tour operator is entitled to withdraw from the contract after a reminder and setting a deadline and to demand compensation in accordance with Clause 11.
- Services of the organizer
The service obligation of the organizer results from the contents of the travel description and the travel confirmation as well as the handed over travel documents under consideration of the national custom with foreign journeys.
The employees of the Tour Operator and the youth group leaders are not entitled to make any declarations or promises that deviate from the service descriptions and other travel information in the Tour Operator’s travel documents.
Service obligations of the Tour Operator deviating from the standard services mentioned below and special travel features will be stated in the travel description or travel confirmation. These shall be deemed to have been agreed.
As a rule, the tour price includes the following services of the Tour Operator and the contractually bound service providers:
- Outward and return journey
- Catering according to line description
- Supervision by trained youth group leaders
- Group offers according to travel description
- Changes in services and prices
Changes to essential travel services in relation to the agreed content of the travel contract, which become necessary after conclusion of the contract and which are not brought about by us in bad faith, are only permitted if the deviations are not substantial and do not impair the overall layout of the booked trip.
Price changes are permitted after conclusion of the travel contract under the following conditions:
- If the transport costs, in particular the fuel costs, existing at the time the contract is concluded increase, we shall be entitled to
- a) demand the increase amount in the event of a price increase related to the seat.
- b) in other cases, divide the additional transport costs demanded by the transport undertaking for each means of transport by the number of seats of the agreed means of transport and demand the resulting increase for the individual seat.
- If the charges such as port or airport charges existing at the time of conclusion of the travel contract are increased vis-à-vis us, the travel price may be increased by the corresponding pro rata amount.
- In the event of a change in exchange rates after the conclusion of the travel contract, the travel price may be increased to the extent that the trip has become more expensive for us as a result.
A price increase as mentioned above requires that there are more than four months between the conclusion of the contract and the agreed commencement of the journey and that the circumstances leading to the change neither occurred nor were foreseeable for us when the contract was concluded. We will inform you immediately after becoming aware of the circumstances justifying the change. Price changes can no longer be demanded after the 21st day before the start of the journey.
If a price increase permitted according to the above provisions exceeds 5%, you are entitled to withdraw from the travel contract without compensation. In this case we will immediately refund the payments made to us. Instead of withdrawing, you may also demand participation in an equivalent tour if we are in a position to offer you such a tour from our offer at no extra cost. You must assert these rights immediately after our declaration of the price increase.
- Passport, visa and health regulations/travel documents/travel documents
In the travel description and travel documents, the tour operator informs about passport, visa, customs, currency and health regulations that are valid for the respective country of travel. It is assumed that the participant is a German citizen and that no special circumstances exist. For citizens of other countries the responsible consulate gives information.
The participant is responsible for compliance with all regulations important for the execution of the trip.
All additional travel documents and documents required by the organiser, such as the holiday profile to be completed and signed in full by the legal representative, proof of necessary health insurance, proof of payment, must be brought/taken along to the trip or presented to the persons/youth group leaders appointed by the organiser on request.
The organiser is not obliged to take the participant on the trip if necessary travel documents are missing. All disadvantages and claims for damages, including those of third parties, resulting from non-compliance with the above provisions (e.g. incomplete, missing or incorrect information in the holiday profile or missing other documents required by the organiser) shall be borne by the participant, unless the organiser has set the cause.
The participant can or should take out insurance policies on his own responsibility and at his own expense to cover risks for which the organiser cannot assume any liability or for which he has not taken out group insurance. The possibility of taking out travel cancellation insurance is expressly pointed out.
The participant must be covered by health insurance for at least the duration of the trip, which must be proven at the request of the organiser.
Any necessary advance reimbursement of medical expenses abroad can be made in individual cases by the organiser to a reasonable extent. These costs must be reimbursed by the participant to the organiser immediately, at the latest within 14 days of the end of the trip, irrespective of any reimbursement by the participant’s health insurance.
Luggage is carried in the normal volume, this usually means one suitcase or other comparable larger piece of luggage up to max. 20 kg per participant and one additional piece of hand luggage. A claim to baggage transport in excess of this is only possible to the extent possible. Deviations require the prior written consent of the organizer, unless stated otherwise in the travel documents.
Luggage and other items taken along are to be supervised by the participant himself within the framework of the possibilities appropriate to his age. The participant is liable for damages caused by the travel items he or she carries with him or her.
Liability for price-intensive bicycles, value-intensive sports equipment or musical instruments, mobile phones as well as valuables outside the usual range of value according to the character of the trip is excluded unless the traveller has been expressly agreed to take them along.
The regulations concerning deadlines for the registration of claims in accordance with Clause 18, Paragraph 3 shall remain unaffected.
- Position of youth group leaders, behavioural requirements for participants
The participants are supervised by qualified youth group leaders from the countries of the participants. These are the local contact persons for the participants and representatives of the organisers. The contact person for the legal representatives of the underage participant who are not travelling with the participant is always the organiser at the latter’s registered office.
The participants must follow the instructions of all youth group leaders. The house rules and other object-specific regulations must be observed. The participants are obliged to cooperate and assist appropriately in the implementation of the room regulations, final cleaning, tent erection and table services – for trips with group self-catering also kitchen services – etc., insofar as this is reasonable for them and customary for the respective trip.
The tour operator expects the participant to respect the customs and traditions as well as the laws of the host country and to observe them in his actions. The legal representative undertakes to prepare the participant for the trip in accordance with the travel documents, travel conditions, etc. within the scope of his possibilities and the duty of supervision incumbent upon him, or to provide him with support in doing so.
Also during the stay in foreign destinations and during transport, the provisions of the law for the protection of young people in public (Youth Protection Act – JuSchG) of the Federal Republic of Germany shall be applied in particular for the care, welfare and supervisory duties of the youth group leaders as well as for the behaviour of the participants. If local laws for the protection of minors or those of one of the other participating countries are stricter than the laws for the protection of minors of the Federal Republic of Germany, they will be enforced for all participants regardless of their origin.
- Beginning and end of the organiser’s duty of care / end of the trip
The organiser’s duty of care begins with the handover of the participant by the legal representative or the person authorised by him in writing at the agreed departure point to the youth group leader appointed by the organiser for the trip. In the case of adult participants, the time of registration with the youth group leader applies. The youth group leaders can legitimize themselves by a youth group leader identity card.
The trip ends with the handover of the participant by the youth group leader or employees of the organiser to the legal representative or the person authorised in writing by the legal representative at the agreed place of return at the agreed time. For adult participants and participants over 11 years of age with written permission of the legal representative to “go home alone”, the trip ends with the departure of the youth group leader/employee of the organiser at the agreed place of return.
If the legal representative does not collect the minor participant at the agreed time, the duration of the travel contract shall not be extended until the participant is handed over to the custodian or authorised person. Any additional costs incurred by the organiser due to a delay in handover not caused by the organizer, including costs for accompanying persons, shall be borne by the participant or the legal representative.
- Withdrawal of the participant / cancellation fees, early departure
The participant can withdraw at any time before the start of the journey. The receipt of the notice of withdrawal by the tour operator is decisive. The participant is recommended to declare the withdrawal in writing.
In any case of withdrawal by the participant or in the event of non-occurrence of the trip, the tour operator is entitled to appropriate compensation, taking into account usually saved expenses and the usually possible other use of the travel service, unless he is responsible for the withdrawal or there is a case of unavoidable, extraordinary circumstances which considerably impair the performance of the trip or the carriage of persons.
According to §651 h Abs. 3 S. 2 BGB, circumstances are unavoidable and extraordinary if they are not subject to the control of the tour operator and their consequences could not have been avoided even if all reasonable precautions had been taken. The existence of such circumstances must be examined on a case-by-case basis. The amount of the compensation shall be calculated on the basis of the tour price less the value of the costs saved by the tour operator and less what he acquires through other use of the travel service. The lump sums are determined taking into account the period between the notice of withdrawal and the start of the trip as well as the expected savings of expenses and the expected acquisition through other uses of the travel service. The flat-rate compensation shall be calculated as a percentage of the travel price as follows after the date of receipt of the notice of withdrawal:
- up to 30 days prior to commencement of travel: 20%.
- from 29th to 22nd day before departure 30 %.
- from the 21st day until the 15th day before departure 40 %.
- from the 14th day until the 7th day before departure 50%.
- from 6th day before departure 75 %.
- 90 % from the date of non-arrival.
In any case, the participants are at liberty to prove that the organiser has incurred no or lower costs than the flat-rate compensation. In this case the lower amount is to be paid.
The organizer reserves the right to demand a higher compensation for the concrete damage incurred, in deviation from the above flat rates, as far as the organizer can prove that he incurred significantly higher expenses than the applicable flat rate. In this case, the demanded compensation will be quantified and documented taking into account the saved expenses and any other use of the travel services.
The Tour Operator undertakes to reimburse the tour price within 14 days of receipt of the notice of cancellation at the latest if he is obliged to reimburse the tour price as a result of the cancellation.
If the participant does not make use of individual travel services, in particular in the case of early departure of the participant due to a personal decision, at the request of the legal representative or in the case of a comprehensible homesickness or other reasons, there is no entitlement to reimbursement or partial reimbursement of the travel price. However, the tour operator will endeavour to reimburse the service providers for the expenses saved. This obligation does not apply if the services concerned are completely insignificant or if reimbursement cannot be made possible.
The legal right to nominate a substitute according to § 651e BGB remains unaffected.
- Transfers, transfer of contract to a substitute person
If, as far as practicable, changes requested by the participant are made after conclusion of the travel contract, e.g. with regard to the date of travel, the destination, the itinerary, the mode of transport or the type of catering or accommodation prior to the commencement of the periods specified in section 11 (rebooking), we shall be entitled to charge € 30.00 per person. Later rebooking is only possible after withdrawal from the conditions according to clause 11. with simultaneous re-registration, unless the rebooking requests cause only minor costs.
We are entitled to charge a processing fee of € 30.00 per person for any transfer of the contract to a substitute at the request of the participant. In addition, there are such costs which arise due to the change/cancellation of flight tickets or due to service providers otherwise justifiably demanded additional costs and which must be proven by us. The participant is at liberty to prove that costs have not been incurred or are significantly lower. The participant and the substitute are jointly and severally liable for the travel price and the additional costs incurred by the replacement. We can object to the entry of the substitute if he or she does not meet the special travel requirements or if his or her participation is contrary to statutory regulations or official orders.
- Cancellation by the Organiser due to failure to reach the minimum number of participants
The tour operator is entitled to withdraw from the contract before the start of the tour if a minimum number of participants has not been reached, if a minimum number of participants and the time by which the participant must have received the declaration at the latest is stated in the tour description for the respective tour and is clearly emphasised in the travel confirmation. If no minimum number of participants is specified, the minimum number of participants shall be 15 and the date of the declaration shall be no later than 6 weeks prior to the planned commencement of the trip.
In any case, the organizer is obliged to inform the participant immediately after the occurrence of the prerequisite for the non-execution of the trip and to send him the declaration of withdrawal immediately.
Already made payments on the travel price will be refunded to the participant.
- Termination by the organizer due to behaviour-related reasons
The organiser can cancel the travel contract after the start of the journey if the participant, despite a warning, permanently disturbs the execution of the journey or if he behaves in such a way contrary to contract that the immediate cancellation of the contract is justified. This applies in particular in the event that the participant repeatedly or grossly contravenes the instructions of the youth group leader, grossly or repeatedly violates the house or object regulations, considerably and sustainably impairs the “togetherness” in the tour group or commits criminal acts.
If the Tour Operator therefore terminates the contract, he shall retain the right to the tour price, but he shall have to offset the value of the saved expenses as well as those benefits which he obtains from any other use of the service not used.
Costs incurred by the organizer in order to send the participant home, including the costs of any necessary accompanying persons, shall be reimbursed to the organizer. An immediate collection of the participant by the legal representative is possible, as far as the time span until collection is reasonable for the organizer.
- Obligations of the participant in the event of defects, setting a deadline prior to termination in the event of travel defects
If the trip is not carried out in accordance with the contract, the participant can demand remedy. The organizer can refuse the remedy if it requires a disproportionate effort. He can also remedy the situation in such a way that he provides at least an equivalent replacement service.
The participant is obliged to cooperate within the framework of the statutory provisions in the event of service disruptions in order to avoid possible damage or to keep it to a minimum. In particular, the participant is obliged to immediately notify the youth group leaders of any complaints, defects or (insurance) damage. They are instructed to take corrective action. If a local tour guide does not exist, the request for remedy must be addressed directly to the organiser. The youth group leaders are not entitled to acknowledge any claims against the organiser or to make corresponding promises.
Should the participant culpably fail to report a defect, a claim for reduction is excluded.
If a participant wishes to terminate the travel contract due to a deficiency in travel within the meaning of § 615c BGB in accordance with § 615e BGB or for an important reason recognisable to the organiser due to unreasonableness, he must first set the organiser a reasonable deadline for remedial action. This only does not apply if remedy is impossible or is refused by the organizer or if the immediate termination of the contract is justified by a special interest of the participant recognizable to the organizer.
- Data protection
With the conclusion of the contract, the participant gives his consent to the processing of the data transmitted by him via EDP. The data will only be used for the purpose for which it was collected. The data protection information is acknowledged.
- Limitation of liability
The contractual liability of the organiser for damages, which are not bodily injuries, is limited to three times the tour price,
- insofar as damage to the participant is caused neither intentionally nor through gross negligence,
- or insofar as the organiser is responsible for any damage incurred by the participant solely due to the fault of a service provider.
The liability of the organiser for damage to property per participant and trip is limited to three times the price of the trip for claims for damages by the participant against the organiser arising from an offence that is not based on intent or gross negligence. In this context, the participant is advised to take out travel accident and luggage insurance in his own interest. Further claims for damage to luggage according to the Montreal Convention remain unaffected.
The organiser shall be liable for disruptions to services, personal injury and damage to property in connection with services provided by third parties (transport services from and to the place of departure or destination according to the invitation to tender, visits to events, excursions, etc.). It is excluded, if these services are expressly marked as external services in the travel advertisement or travel confirmation and with indication of the mediated contractual partner so clearly that they are not part of the travel services of the organiser recognisably for the participant. However, the tour operator is liable,
- for services which include the transport of the participant from the place of departure of the journey as advertised to the place of destination as advertised, intermediate transport during the journey and accommodation during the journey,
- if and to the extent that the violation of the Organiser’s duties to warn, clarify or organise has become the cause of damage to the participant.
Participation in the excursions, sports-touristic activities and the use of sports facilities/equipment offered by the Organiser is voluntary and is the responsibility of the Participant beyond the scope of the general or agreed duty of care and supervision, unless the Participant is damage resulting from injury to life, body or health, which is based on a negligent breach of duty by the Organiser or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Organiser. Liability is excluded for other damages unless they are based on a grossly negligent breach of duty by the Organiser or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Organiser.
The permits issued by the legal representative in the holiday description, e.g. for bathing, use of bicycles, riding permits, etc., are valid for the duration of the trip.
- Exclusion of claims
The participant must assert claims due to non-contractual performance of the trip within one month of the contractually stipulated date of completion of the trip.
The assertion can only be made within the time limit against the Tour Operator at the address given under item 22.
After the deadline has expired, the participant can only assert claims if he has been prevented from adhering to the deadline through no fault of his own. However, this does not apply to the deadline for the registration of damage to luggage or delays in the delivery of luggage in connection with flights. These must be reported within 7 days of baggage damage and within 21 days of baggage delay.
- Limitation of claims
Claims of the participant according to §§ 651c to 651f BGB from injury to life, body or health, which are based on an intentional or negligent breach of duty by the organizer or a legal representative or vicarious agent of the organizer, expire in two years. This shall also apply to claims for compensation for other damages based on an intentional or grossly negligent breach of duty by the Organiser or a legal representative or vicarious agent of the Organiser.
All other claims in accordance with §§ 651 c to f BGB shall become statute-barred after one year.
The statute of limitations according to paragraphs 1 and 2 begins with the day following the date of the contractual end of the trip. If this day falls on a Sunday, officially recognised holiday or Saturday, the next working day shall take the place of such a day.
If there are negotiations between the participant and the organiser about the claim or the circumstances justifying the claim, the statute of limitations is suspended until the participant or the organiser refuses to continue the negotiations. The statute of limitations shall commence at the earliest three months after the end of the suspension.
- Obligation to provide information on the identity of the operating air carrier
According to EU Regulation 2111/2005 we are obliged to inform the traveller at the time of booking about the identity of the operating airline of the air transport services to be provided in connection with the booked trip. If the operating airline has not yet been determined, the probable airline must first be named and the travellers informed accordingly as soon as the operating airline has been determined. In the event of a change in the operating airline, we must inform the passenger of this immediately.
The information about the operating airline in the sense of the EU Regulation 2111/2005 does not constitute a contractual claim to the performance of air transportation with the named airline and does not represent an assurance, unless a corresponding assurance results from the travel contract. Insofar as it is contractually agreed in a permissible manner, we expressly reserve the right to change the airline.
The “joint list” of unsafe airlines published by the EU Commission on the basis of EU Regulation 2111/2005 is available at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm (follow the links to the current list) and can also be sent to travellers on request before booking.
If there are negotiations between the participant and the tour operator about the claim or the circumstances justifying the claim, the statute of limitations is suspended until the participant or the tour operator refuses to continue the negotiations. The statute of limitations shall commence at the earliest three months after the end of the suspension.
- Choice of law and place of jurisdiction, printing errors
Should one or more provisions of these travel conditions or the travel contract be or become invalid, the remaining provisions shall nevertheless remain valid.
The relationship between the tour operator and the participant and his legal representative as well as the travel contract shall be governed exclusively by the laws of the Federal Republic of Germany with the proviso that if the traveller has his usual place of business abroad in accordance with Art. 6 Para. 2 of the Rome – I Regulation, he shall also enjoy the protection of the mandatory provisions of the law which would be applicable without this clause.
The participant may sue the organiser only at his place of business.
All information is correct at the time of going to press. No liability is assumed for printing errors. The correction of errors and misprints is reserved to the organiser.
The tour operator points out with regard to the law on consumer dispute settlement that he does not participate in a voluntary consumer dispute settlement. If a consumer dispute resolution would become obligatory for the tour operator after printing of these travel conditions, the tour operator informs the customer about this in an appropriate form. The tour operator refers to the European online dispute settlement platform http://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.
- Organiser details
KINDERVEREINIGUNG LEIPZIG e.V.
Frohburger road 33 c
Phone : 0341 / 2257442
fax: 0341 / 22574410
Chief Executive Officer: Stefan Schaller
KINDERVEREINIGUNG Leipzig e.V. is registered in the register of associations at Leipzig Local Court under VR 1291.
Status of AGB: 01.07.2018