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E-Mail: info@ekaterina-voyage.de

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Tour Agency Ekaterina-Voyage > Our Terms & Conditions

General Terms and Conditions of the agreement of tourist mediation and providing tourist services between the company

Name: Ekaterina - Voyage
Owner: Ekaterina Garkun-Krakhmalova
Street: Hoffmannstr. 11C
Zip code, town: 1289 Berlin
Country: Germany
Tel. / Fax: +493053797135
E-mail: info@ekaterina-voyage.de
(Hereinafter: Company)

and the client

(for 31 March 2012)

Introduction

The Company and the Client, as a rule, sign not an agreement for providing

travel services, but one or several legally independent tourist mediation agreements with the exception of cases when the client is only informed about the final cost (total cost) of the tour, or if the final cost is calculated based on individual costs.

1. Conclusion of a agreement

1.1 When applying for the selected tour, the Client sends to the Company a proposal for an agreement. The Client can book a tour in writing, by fax, online from the Company’s website, in person or by e-mail. In case of on-line booking (from the site or via e-mail) the Company immediately sends a booking confirmation to the e-mail specified by the Client. The confirmation can only be considered valid if it was marked as “Booking confirmation”.

1.2 The proposal for an agreement is based on familiarizing oneself with the description of a tour in the catalogue or on the Company’s website, as well as on obtaining additional information at the Company’s office.

The Client cannot withdraw their offer within 10 days.

1.3 Within the frame of distribution, cooperation, or liability to provide services the Company does not authorize the trusted third party to conclude agreements, to provide warrants or guarantees changing the description of the tour or the content of the agreement. This provision primarily concerns the booking from a third party, from travel agencies or service providers, such as organizations providing accommodation or transportation services.

1.4 The information concerning the area, hotels et.c. in the leaflets and on the websites of the third parties may include the details of the services provided by the Company only in case it was stipulated in a written agreement with the Client defining the scope of work for the Company.

1.5 After accepting the proposal for concluding an agreement the Company sends the tour confirmation to the Client. If the details in the confirmation differ from those in the tour application, the Company sends to the Client a new proposal which it cannot withdraw within 10 calendar days. The agreement is concluded on the basis of the new proposal, unless the Client rejects it within 10 calendar days.

1.6 If the Client shall also register other participants on the tour, they are responsible for the other registered participants’ fulfilling the contractual obligations, if the acceptance of these obligations was clearly stated in the tour application.

2. Terms of payment

2.1 After receiving a written (or a different type of) confirmation of the tour and, in some cases, an insurance policy, the Client makes a deposit of 25% of the total cost of the tour as a prepayment. The remaining sum is to be paid within 30 calendar days prior to the first day of the tour in case the insurance policy was handed to the Client the tour cannot be canceled by the Company in accordance with Section 8 of this document. After the total amount of the tour payment was received by the Company, all the required documents are sent to the Client.

2.2 If the advance payment and/or payment of the residual amount is not made in maturity, the Company has the right to refuse to fulfill the obligations under the agreement at the written request. In this case, the Client must pay a penalty for cancellation in accordance with Section 6 of this document.

2.3 Given that the period  between the tour booking and the tour date constitutes less than 30 days,  the Client has to pay the full cost of the tour immediately after getting a written confirmation and, if necessary, insurance policy.

2.4 Until the cost of the tour is not paid in full, the client does not have the right to demand the execution of travel service obligations.

3. Services

The amount of services provided under the agreement follows from the description of services that are the subject of the agreement.

Special requirements of the Client are not necessary to perform, unless they were directly accepted by the Company in written form.

4. Changes in the content and cost of the services provided.

4.1 The company has the right to make minor changes to the description of the services specified in the agreement, as well as its basic services, if it becomes necessary after signing the agreement, and if the changes do not violate the general content.

4.2 In case of a significant change in the basic services the Client has the right to urgently terminate the agreement in writing without penalty.

4.3 The company has the right to increase the cost of the tour even after the conclusion of the agreement in case of an increase in transport costs or the cost of additional services such as airport and port fees, fuel surcharge - or in case of changes in the corresponding currency exchange rate.

Such an increase in costs is permissible only if the period between the date of the agreement and the tour date constitutes more than 4 months and if the circumstances relevant to the cost increase did not occur prior to the agreement and, therefore, could not be foreseen.

The Company must immediately inform the Client about the subsequent change of the tour price.

The increase in cost can only be made not later than 21 days before

the tour date. In case of more that 5% increase in cost the Client has the right to terminate the agreement in writing without penalty.

5. The set of required documents

5.1 The Client must inform the Company if some of the required documents were not provided within the period indicated by the Company.

5.2 The Client must immediately check the provided documents for allegiance and completeness, especially on the conformity of the booking details, and promptly inform the Company about any occurring errors. Otherwise, the client assumes responsibility for any consequences.

6. Client’s refusal from the tour before the tour date. Cancellation penalty

6.1 The Client may refuse from the tour at any time before the tour date.

The waiver must be submitted to the Company’s address stated below. The Company recommends to report about the refusal in written form.

6.2 If the Client refuses from the tour before the tour date or does not go on the tour, their payment obligation to the Company remains effective.

6.3 In such cases, the Company in the absence of binding requirements from the part of service providers, of which the Client must be informed before the conclusion of the agreement, establishes the amount of penalty depending on the time remaining until the tour date and correlating with the price of the tour, taking into account the Company’s expenses as well as other possible charges for services. The total amount of penalty depends on the date of receiving the termination of the agreement:

up to 31 days prior to tour date: 25% of tour cost

from 30 days prior to tour date: 40% of tour cost

from 24 days prior to tour date: 50% of tour cost

from 17 days prior to tour date: 60% of tour cost

from 10 days prior to tour date: 80% of tour cost

3 days prior to tour date: 90% of tour price.

The company has the right to demand a larger amount of penalty in case it can provide the evidence of expenses significantly exceeding each applicable total. In each such case the Company must calculate the amount of penalty taking into account all the costs incurred, as well as other possible service expenses, and be ready to provide documentary proof upon request.

6.4 The Client has the right to offer proof that the Company did not incur any costs or made significantly lower expenses in comparison with the required amount of compensation.

6.5 According to § 651 of German Civil Code the Client has the right to provide a substitute participant.

7. Making changes to the reservation

Starting from the 30th day before the tour date all the proposals concerning making changes to the booking can only be accepted through the termination of the agreement in accordance with sections 6.2 and 6.5 of this document and simultaneously submitting a new booking application. This provision does not apply to changes to the agreement, leading to low costs.

8. Termination of the agreement in case of failure to collect a minimum acceptable number of participants

The Company may terminate the agreement due to the failure to collect  a minimum number of participants specified in the agreement, if the description of the tour included the information about the required number of participants and the deadline for the termination of the agreement before a specified tour date.  The tour confirmation also must specify the required number of participants and the deadline for the termination of the agreement or else include a link to the corresponding information in the tour description.

The Client must be informed about the termination of the agreement not later than 21 days before the tour date.

If it becomes evident that collecting the minimum number of participants is impossible, the Company can urgently execute its right to terminate the agreement.

If that becomes the reason for the tour cancellation, the Client receives back all the previously made payments for the tour.

9. Unused services

If the Client fails to use the services provided for them as a part of the tour for personal reasons, he has no right to claim a partial refund. In such cases the Company demands a reimbursement of the incurred expenses from the service providers. This provision does not extend to the cases when the services in question are absolutely insignificant or if there are some agreement, legal or governmental provisions precluding the compensation.

10. Termination of the agreement by the Company

The Company may terminate the travel agreement at any time, if the delay in payment significantly hinders the organization or tour or if the Client performs some actions contradicting the agreement, which justifies its immediate termination. If the agreement is terminated by the Company, it is entitled to demand the payment for the tour, but in this case the amount of costs incurred and other expenses for the unused services including those contributed by the service providers must be calculated.

11. Provision of services under the agreement

11.1 Notification of the unsatisfactory quality of the services provided

In case of the discrepancy of the service provided with its description in the agreement , the Client has the right to have the flaws in the service eliminated, if the Company was notified of the respective flaws. The Client must immediately notify the director of the tour company or any other regional representative of the Company of the flaws in the service provided. The information about the ways to contact the director of the tour company or any other regional representative of the Company could be found in the description of the service, the tour confirmation or the set of documents for the tour. If it is impossible to contact the above-mentioned persons, the Client reports all the possible flaws in the tour to the Company to the address below.

The local tourist group-leader is authorized to fix the flaws in the service to the extent possible, but not authorized to accept the alleged claims from the Client on behalf of the Company.

11.2 Setting the date of the termination of the agreement

If the client intends to terminate the agreement due to the flaws in the service outlined in § 615 c of the German Civil Code in accordance with § 615 e of the German Civil Code or based on a strong reason for a claim of which the Company is aware, they must previously set a deadline for elimination of the flaws. This does not apply to the cases when the elimination of the flaws is objectively impossible or dismissed by the Company after consideration, or if the termination of the agreement stems from the Client’s personal interest of which the Company is aware.

11.3 Damaged, delayed and lost baggage

The Client notifies the authorized Airline of any damage or delays occurring to the baggage during flights by sending a damage claim. The damage claim must be submitted not later than 7 days after the check-in in case the baggage was damaged and not longer than 21 days after the check-in in case the baggage was delayed.

The application must also be submitted to the Company or the tour group-leader.

12. Limitation of the liability

12.1 The contractual liability of the Company for damage which is not damage to health, except in cases of willfully-inflicted health damage or gross negligence, is limited to a maximum of the triple cost of the tour.

If the Company bears responsibility to the Client for the damage caused single-handedly by one of the service providers, the Company’s liability is equally limited to a maximum of the triple cost of the tour.

12.2 Liability of the Company for causing damage to the Client’s property resulting from unacceptable actions, not committed due to malicious intent or grievous dereliction of duty, is limited to a maximum of the triple cost of the tour.

This maximum amount of liability is effective for each individual tourist and each tour. Resulting from this claims to third parties may not be considered.

13. Exclusion of claims

The claims resulting from failure to provide the contractual services to the Client must be submitted during one month period after the tour end date stated in the agreement. The claims must be sent to the Company to the address below within this period. The claims submitted after the expiration of this period will only be considered if the delay was not the Client’s fault.

14. Limitation of action

14.1 Bodily injury claims under §§ 651 c to § 651 f of the German Civil Code f expire in two years.

14.2 All other claims under §§ 651 c to § 651 f of the German Civil Code f expire in one year.

14.3 The calculation of limitations for p.14.1 and 14.2 of this document starts from the tour end date specified in the agreement.

14.4 If there is a litigation going between the Company and the Client concerning the claim or the circumstances substantiating the claim, the limitation is suspended until the Client and the Company have unconditionally completed the litigation.

The calculation of limitations is to be commenced no earlier than three months after the resumption.

15. Rules of entry and sanitary standards

15.1 The Company must inform the citizen of a European Union member state, where the tour is offered, about the rules of entry and sanitary standards before the conclusion of the agreement

Other citizens or stateless persons are responsible for their compliance with the existing standards and therefore may address to the diplomatic representation of the country of destination.

15.2 The Client is responsible for obtaining and importing the necessary documents, required vaccination and compliance with the customs and exchange regulations.

16. Applicable law and place of execution, severability

16.1 The German law is effective for the legal relationship between the Client and the Company.

16.2 The client can submit a complaint to the Company only to the Company’s legal address.

16.3 If the German law is not applicable when the Client makes a legal complaint to the Company abroad, it will be exclusively applicable to all the legal consequences.

16.4 The above provisions of the choice of law and place of the execution do not apply if the resolutions of international agreements specified in the contract contain provisions acting in favor of the Client, or if the mandatory provisions of the European Union member state of the Client’s citizenship, applicable to the tourist agreement, are more advantageous for the Client than the general terms and conditions of the agreement or the applicable requirements of the German law.

16.5 If one or more provisions of this agreement fully or partially lose effect, the remaining provisions shall remain in force.

17. Changes, additions

Changes and / or additions to these terms and conditions are only legitimate in written form, which also applies to the withdrawal of the written form requirement.

18. Insurance of the tour cost in the event of refusal or the agreement termination; international travel health insurance providing international transportation

It is recommended that the Client independently and at their own expense obtains the insurance of the tour cost in the event of refusal or the agreement termination and international travel health insurance providing international transportation.

Company Address:

Street: Hoffmannstr. 11C
Zip code, town: 12489 Berlin
Country: Germany