General Terms and Conditions
Dear travellers, please take note of our General Terms and Conditions of Travel, which are a component of our mutual contractual relationship and are necessary in the spirit of mutual openness.
§ 1 General
Section 1 – These General Terms and Conditions of Travel shall apply for the contractual relationships between Maranga Surf & Travel (hereinafter referred to as the “Travel Operator”), owned by Ms Cornelia Rothe, Holzhäusergasse 18, in 64409 Messel and the customer. Opposing conditions or conditions which deviate from these General Terms and Conditions of Travel are not recognised by the Travel Operator and hereby expressly contradict them.
Section 2 – In the event that travel services are brokered for other operators, the General Terms and Conditions of Travel of the respective Travel Operator shall apply in addition.
§ 2 Conclusion of the Travel Contract
Section 1 – With the travel registration (booking declaration), the customer offers to conclude a binding travel contract (offer) with the Travel Operator. The registration can take place in writing, verbally, by telephone, by fax or electronically (internet/email). In the event of electronic registrations, the Travel Operator shall immediately confirm receipt of the travel registration electronically. This receipt confirmation shall not yet represent acceptance of the offer, however.
Section 2 – The contract shall only come about if the Travel Operator accepts the customer’s registration within 10 days. At the time at which the contract is concluded, or immediately thereafter, the Travel Operator shall forward a written communication to the customer. The travel confirmation can also be forwarded by email. If there are less than seven working days between the booking declaration and the beginning of the travel, the Travel Operator shall not be obligated to forward a travel confirmation.
Section 3 – The minimum age for participating in the “Surfvilla Seignosse” travel package amounts to 16 years without the accompaniment of a legal guardian. For travel participants who have not reached the age of 18 at the beginning of the travel, a written declaration of consent from their legal guardians shall be necessary. For all other travel packages, both those organised by Maranga directly and those organised by other operators – the minimum age of 18 years shall apply.
Section 4 – The customer must be responsible for all contractual obligations of co-travellers for whom he completes the registration as he is for his own obligations, if he accepts this obligation through an express and separate declaration.
§ 3 Payment
Section 1 – After the conclusion of the contract and with receipt of the security certificate, an advance payment in the amount of 20% of the travel price shall be due. The remaining sum i.e. the travel price minus the advance payment which has been paid, shall be due 14 days before the beginning of the travel. In the event of a justified warning, the Travel Operator can charge a warning cost lump-sum in the amount of EUR 5.00 per warning.
Section 2 – If the customer does not pay the advance payment and/or remaining sum by the agreed due dates, the Travel Operator shall be entitled, in accordance with the conditions of § 323 of the German Civil Code (BGB), to withdraw from the travel contract and request withdrawal costs from the customer according to § 7 (3).
Section 3 – A deposit may be charged on-site for staying in the booked accommodation which shall be refunded in full upon departure in the event of an orderly return.
§ 4 Services
Section 1 – The service descriptions as well as the details indicated in the booking confirmation are binding for the scope of the contractual services. Subsidiary agreements which alter the scope of the contractual services require an express written confirmation from the Travel Operator.
Section 2 – If the travel offer contains transport by car, bus or train, a maximum of two suitcases per customer as well as one piece of hand luggage may be transported. Hard-shell suitcases can only be transported upon prior agreement on grounds of inflexibility.
§ 5 Sport Services / Unclaimed Services
Section 1 – The Travel Operator expressly notes that sport offers, such as surfing, can impose particular physical requirements on the customer. It is thus recommended to seek medical advice as to your suitability for the intended sports programme before the beginning of the trip.
Section 2 – If the customer does not claim individual services which were properly offered to him for reasons which are his fault, he shall not be entitled to a proportional reimbursement of the travel price.
Section 3 – The Travel Operator shall strive to have saved expenses reimbursed by the travel company. This obligation shall not apply when this involves wholly insignificant services or if a reimbursement would be contrary to statutory or official guidelines.
§ 6 Changes to Services
Section 1 – Changes or deviations of individual travel services from the agreed content of the travel contract which are necessary after conclusion of the contract and which were not carried out by the Travel Operator against the spirit of good faith, shall only be permitted to the extent that the changes and deviations are not significant and do not impair the overall arrangement of the booked travel package.
Section 2 – The Travel Operator shall be entitled to increase the travel price after the conclusion of the travel contract if an increase of the transport costs, the cost of particular services such as harbour or airport fees, or a change of the exchange rate applicable for the travel package concerned are taken into account, and if more than four months lie between the conclusion of the contract and the agreed start of the travel. Should this be the case, the customer must be informed immediately, at the latest 21 days before the beginning of the travel. Subsequent price increases are not permitted. The travel price may only be increased by the corresponding, proportional sum and assumes that the Travel Operator breaks down the calculation of the new price in such a way that it can be recalculated by the customer.
Section 3 – The Travel Operator must declare a change in the travel price, a permitted change of a significant travel service or a permitted cancellation of the travel to the customer immediately after becoming aware of the grounds for the change or cancellation.
Section 4 – In the event of an increase of the travel price by more than 5% or a significant change of a significant travel service, the customer may withdraw from the contract without having to pay any fees. Instead of this, as with a cancellation of the trip by the Travel Operator, he may request participation in another travel package which is of at least equivalent value if the Travel Operator is in a position to offer such a package from its offer without additional costs for the customer. The customer must assert this right to the Travel Operator immediately after the declaration by the latter.
§ 7 Withdrawal of the Customer/Rebooking
Section 1 – The customer may withdraw from the travel at any time before the beginning of the travel. In order to avoid any misunderstandings, the withdrawal must be declared in writing.
Section 2 – If the customer withdraws before the beginning of the travel, the Travel Operator shall lose their claim to the travel price. Instead, the Travel Operator may request appropriate compensation to the extent that the withdrawal was not caused by or him or involved a case of force majeure. The level of compensation shall be determined according to the travel price, with a deduction of the value of the expenses saved by the Travel Operator as well as those which can be achieved through an alternative use of the travel services.
Section 3 – The Travel Operator shall have this compensation claim staggered i.e. compounded with respect to the closeness of the time of withdrawal to the contractually agreed beginning of the travel in a percentual relationship, and in consideration of the expenses which are typically saved when calculating the compensation and any typical, possible other uses of the travel services. The compensation shall be calculated upon receiving the withdrawal application from the customer as follows:
in the event of own arrival, train and bus journeys
up to the 30th day before the beginning of the travel, 20% of the travel price
up to the 15th day before the beginning of the travel, 40% of the travel price
up to the 7th day before the beginning of the travel, 60% of the travel price
up to the 2nd day before the beginning of the travel, 80% of the travel price
1 day before the beginning of the travel / non-arrival, 90% of the travel price
1 Tag vor Reiseantritt / Nichtantritt 90% des Reisepreises
In any case the customer shall be free to prove to the Travel Operator that he did not suffer any damages at all or suffered significantly less damage than the sum requested by him.
Section 4 – The Travel Operator reserves the right to request higher, concrete compensation contrary to the previous lump-sums. In this case, the Travel Operator is obligated to concretely estimate and prove the requested compensation in consideration of the saved expenses and any other use of the travel services.
Section 5 – Any claim from the customer to changes of the travel date, destination, departure location, accommodation or mode of transport (rebooking) after the conclusion of the contract shall not exist. If rebooking nevertheless takes place at the request of the customer, the Travel Operator can charge a rebooking fee depending on the expenditure in individual cases after consulting the customer. In any case, however, the customer shall be free to prove to the Travel Operator that he did not suffer any damages at all or suffered significantly less damage than the sum requested by him.
§ 8 Travel Insurance
The conclusion of travel cancellation, travel luggage and travel medical insurance is highly recommended. The customer shall have the possibility to conclude such insurances through the Travel Operator with Europäische Reiseversicherung AG, Vogelweidestraße 5, 81677 Munich.
§ 9 Withdrawal and Termination by the Travel Operator
Section 1 – The Travel Operator may only withdraw from the travel contract due to not reaching the minimum number of participants if
a) the minimum number of participants is given in the respective travel description along with the latest deadline by which the traveller must have received the declaration before the contractually agreed beginning of the travel and
b) there is a clearly legible reference to this information in the travel confirmation.
Section 2 – A withdrawal must be declared to the customer at the latest on the 15th day before the agreed start of the travel. Should it already be clear at an earlier time that the minimum number of participants cannot be achieved, the Travel Operator must immediately assert his withdrawal right. If the travel does not take place for this reason, the customer shall immediately receive any payments made on the remaining price back.
Section 3 – The Travel Operator may terminate this travel contract without adhering to a notice period if the customer, irrespective of a warning from Travel Operator, continuously disrupts the trip or behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If the Travel Operator terminates, he shall have a claim to the travel price. He must, however, have the value of the saved expenses and any advantages which he received from any other use of the unclaimed services, taken into account.
§ 10 Force Majeure
In order to terminate the travel contract due to force majeure, reference is made to § 651j BGB. This states:
“(1) If the travel package is substantially obstructed, jeopardised or impaired as the result of force majeure not foreseeable when the contract was entered into, then both the travel organiser and the traveller may terminate the contract merely under this provision.
(2) If the contract is terminated under subsection (1), then the provisions of § 651 e (3) sentences 1 and 2 and (4) sentence 1 apply. Extra costs for return transport are to be borne by the parties one-half each. Apart from this, extra costs are borne by the traveller.”
§ 11 Warranty /Obligations of the Customer
Section 1 – Should a travel service not be contractually performed, the customer may request remedial action.
Section 2 – The customer is obliged to immediately highlight any defects in the travel package to the travel management at the holiday location or the Travel Operator. In order to avoid any misunderstandings, the notice must be declared in writing. At the end of the travel, the customer may apply for a reduction of the travel price if travel services were not performed according to the contract and the customer failed to give notice of this through no fault of their own.
Section 3 – The Travel Operator is entitled to provide remedial action by providing a replacement service of an equivalent or a higher value. The Travel Operator may, however, refuse to provide remedial action if this would require a disproportionate expense.
Section 4 – The customer may terminate the travel contract if the travel is significantly impaired due to a defect of the type noted in § 651 c BGB or the travel is not reasonable as a result of such a defect for significant, good cause of which the Travel Operator is aware. The termination shall, however, only be permitted if the Travel Operator has allowed a grace period imposed on him by the customer to expire without providing any remedial action. The determination of a grace period shall not be required if the remedial action is impossible or is refused by the Travel Operator or if the immediate termination of the contract due to a particular interest of the customer is justified.
§ 12 Cooperation Obligation
In the event of default in performance, the customer is obliged to cooperate in order to avoid any damage or minimise such damage as per the statutory provisions. The customer is obliged in particular to immediately disclose his complaints to the travel management on site or the travel manager.
§ 13 Liability, Expiration, Exclusion of Claims
Section 1 – The Travel Operator’s liability from the travel contract for damage which is not damage to the body is limited to three times the amount of the travel price,
a) if damage was caused neither intentionally nor negligently by the customer or
b) the Travel Operator alone is responsible for damage occurring to the customer due to culpability of a service provider.
Section 2 – The liability of the Travel Operator is excluded or limited to the extent that international conventions or statutory provisions based on such conventions are applicable to the services to be performed by the service provider, the liability of which is equally excluded or limited.
Section 3 – The tortious liability of the Travel Operator for property damage which is not based on intent or gross negligence shall be limited to three times the travel price. Possible, further claims according to the Montreal Convention in connection with travel luggage shall not be affected by this limitation.
Section 4 – Claims due to non-contractual performance of travel must be asserted by the customer within one month after the contractually intended end of the travel to the Travel Operator, Maranga Surf & Travel, owned by Ms Cornelia Rothe, Hohenzollernring 65 in 22763 Hamburg. The customer may only assert claims after the expiration of this period if the customer was prevented from adhering to the deadline through no fault of his own.
Section 5 – Claims from the customer according to §§ 651 c to 651 et seq. BGB shall expire in one year, beginning with the day on which the travel should end according to the contract.
§ 14 Liability for Brokerage Services
The liability of the Travel Operator for contractual breaches of duty as well as from tort for the brokerage of external services is limited to intent and gross negligence if these services are so expressly highlighted in the travel description and the travel confirmation, which gives details of the contracting party for the external services, that it was clear to the customer that this was not a component of the Travel Operator’s travel services. Damages based on injury to life, limb or health shall be excluded from any liability exclusion or limitation. Claim as a result of damage due to delays, under the German Product Liability Act (Produkthaftungsgesetz), from warranties or the breach of significant contractual obligations (so-called cardinal obligations, i.e. obligations whose fulfilment was vital for properly implementing the contract and compliance with which the contractual partner may reasonably expect) are also excluded. The Travel Operator shall be responsible in this respect, regardless of the degree of fault.
§ 15 Passport, Visa and Health Provisions
Section 1 – The Travel Operator is obligated to inform the customer of passport, visa and health provisions for the respective holiday country. However, the customer alone shall be responsible for adhering to these provisions. All disadvantages which result from non-adherence to information from the Travel Operator shall be the responsibility of the customer unless the Travel Operator did not inform the customer or did so incorrectly.
Section 2 – The above information obligation of the Travel Operator shall not apply for non-German citizens. Non-German citizens must obtain information regarding passport, visa and health provisions themselves from the appropriate consulate and must adhere to the necessary deadlines. Upon request, the Travel Operator shall gladly assist with obtaining such information.
§ 16 Data Protection and General Conditions
Section 1 – The collection and processing of all personal information shall take place according to the German statutory data protection conditions. Such personal information shall only be collected and exclusively distributed to partners who require this for processing the travel package.
Section 2 – A transfer of information to governmental agencies or authorities shall only take place as per the applicable legal guidelines.
§ 17 Other Agreements
Section 1 – The General Terms and Conditions of Travel shall not be saved by the Travel Operator after the conclusion of the contract. The customer can print these or save them on his PC through the browser’s menu or using the keyboard combination.
Section 2 – Input fields can be corrected before sending the travel registration using the usual keyboard and mouse functions.
Section 3 – The language of the contract is German.
§ 18 Choice of Law and Place of Jurisdiction
Section 1- All disputes from this legal relationship are subject to the law of the Federal Republic of Germany. In addition, if the customer is a consumer, the compulsory consumer protection provisions are applicable which apply in the state in which the customer has his usual residence, to the extent that these offer the customer further protection.
Section 2 – If the Customer is a businessman, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes resulting from this contract shall be the Travel Operator’s place of business. The same shall apply if the customer has no general place of jurisdiction in Germany or their residence or usual abode at the time of the legal action is unknown.
§ 19 Severability Clause
In the event that individual provisions of this contract are invalid or impracticable or become invalid or impracticable after conclusion of the contract, this shall not affect the validity of the rest of the contract. In place of the invalid or impracticable provision, a valid and practicable provision should appear whose effects best approximate the economic aim pursued by the contracting parties with the invalid or impracticable provision. The above conditions shall apply in the event that the contract proves to contain omissions. § 139 BGB shall not apply.
§ 20 Contact Information
Telephone: +49 (0) 172-7507707
The above address is both the summons address and the business address.
Rechtsanwälte Salchow & Matzek