| General
Terms and Conditions
TERRA LU TRAVEL is a division of "Die Wilde 13 GmbH", Kupferstrasse 18a , 34225 Baunatal, Germany (hereinafter: TERRA LU TRAVEL). 1. Contract
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2. Payment / insurance
cover notice
Upon signature of the contract TERRA LU TRAVEL will send the client a
confirmation/invoice. This requires a deposit payment amounting to 20%
of the agreed travel costs based on the contract information. The remaining
amount is to be paid in full 8 weeks prior to travel. Any subsequent additional
costs/discounts, e.g., caused by changes to participant numbers or additional
services, shall be billed separately. In accordance with German travel
law, all payments made by the client prior to travel are covered by insurance
in the event that TERRA LU TRAVEL should become insolvent. The notice
of insurance cover is sent to the client upon signature of contract.
3. Description
of services
The services provided are based solely on the services described in the
contract. Any alteration to this must be confirmed in writing.
4. Changes to
services
4.1 No compensation liability is accepted for changes made by TERRA LU
TRAVEL, where these changes are brought about by Acts of God, third parties,
journey alterations, cancellations or disruptions which are beyond the
control of TERRA LU TRAVEL..
4.2. TERRA LU TRAVEL reserves the right to use selected partner companies
to provide certain services.
4.3 Client alterations.
Alterations to the travel itinerary once travel has commenced (e.g. regarding
route and journey duration) are possible, providing that these do not
contravene legal or operational regulations. The driver shall decide whether
this is the case.
4.4 Changes to participant numbers must be communicated to TERRA LU TRAVEL
in writing and may lead to price alterations.
5. Cancellation
5.1 Cancellation by the whole group.
In the case of cancellation by the group, TERRA LU TRAVEL shall not be
entitled to the agreed travel price. However, the group shall be liable
to pay an appropriate cancellation fee. The set rates are as follows:
up to 84 days prior to departure, a minimum of 20 % of total cost
83 to 35 days prior to departure, a minimum of 40 % of total cost
34 to 14 days prior to departure, a minimum of 60 % of total cost
13 to 7 days prior to departure, a minimum of 80 % of total cost
6 days or less 95 % of total cost.
TERRA LU TRAVEL also reserves the right to seek further compensation for
any losses arising. This includes cancellation fees for ferries, hotels
etc. We strongly recommend that clients take out appropriate cancellation
insurance cover.
5.2 The client is entitled to cancel the contract after departure if exceptional
circumstances mean that the services cannot be provided. If the contract
is cancelled, TERRA LU TRAVEL is entitled to payment for services provided
hitherto and for any services necessary to bring the journey to an end.
TERRA LU TRAVEL also reserves the right to seek further compensation for
any losses arising.
6. Cancellation
by TERRA LU TRAVEL
TERRA LU TRAVEL is entitled to cancel the contract prior to or subsequent
to departure in the following cases:,
a) where exceptional circumstances beyond the control of TERRA LU TRAVEL
make it impossible for TERRA LU TRAVEL to perform the services agreed,
b) where the driver is not able or willing to continue with the journey
due to circumstances described in 7c.
Upon cancellation during the journey, TERRA LU TRAVEL shall undertake
to return the group to the point of departure within Europe, provided
that the reason for the cancellation does not render this impossible.
Any costs saved by TERRA LU TRAVEL, due to services not used, shall be
refunded.
7. Passenger conduct
a) The travel group shall bear the costs of any damage/mess caused to
our vehicles by them.
b) Children are the responsibility of the group supervisor. Compensation
may be sought for damages arising from inadequate supervision.
c) We expect all passengers to respect the cultures and values of the
countries and peoples they visit. We reserve the right to cancel the journey
at any stage if passengers do not comply with this (see 6b).
8. Liability
8.1. TERRA LU TRAVEL shall take reasonable care to provide the services
agreed, subject to the conditions and restrictions set out in 8.2 and
8.3.
8.2 The coaches used carry liability insurance as per legal requirements.
TERRA LU TRAVEL is not liable for damages caused by the passengers themselves
or other passengers.
8.3 Limitation of liability:
The maximum liability of TERRA LU TRAVEL is limited to three times the
cost of travel per person, provided the damages are not caused deliberately
or due to gross negligence, and provided that TERRA LU TRAVEL is liable
for the acts of a service provider. No liability for damages shall be
accepted if the damage is due to minor negligence or misconduct by the
service provider in executing contractual services.
8.4 Non-liability
8.4.1.Liability of TERRA LU TRAVEL is limited or excluded in the event
that legal clauses apply to the services provided by a service provider
which, in turn, limit or exclude their liability.
8.4.2. TERRA LU TRAVEL is not liable for service disruptions relating
to clearly defined third party services for which TERRA LU TRAVEL acts
solely as a sales agent.
8.4.3. Any information concerning offers by other service providers which
is passed on by TERRA LU TRAVEL is done so purely as an extra service
and does not render TERRA LU TRAVEL open to any further liabilities or
obligations.
8.4.4 Each group is responsible for their own luggage. TERRA LU TRAVEL
is not liable for any damage caused to or caused by luggage which is under
the supervision of the group (including theft on board).
8.4.5 TERRA LU TRAVEL is not liable for any damages arising from the loading,
unloading or transport of musical instruments, bicycles, skis, canoes
etc.
8.4.6 Coach journey times are based on average travel conditions and cannot
be guaranteed. TERRA LU TRAVEL is not liable for any delays nor any associated
consequences or costs.
8.4.7 Since TERRA LU TRAVEL has no control over flight timetables and
other travel schedules, no liability is accepted for any difficulties
or delays which may arise, nor for any subsequent rescheduling or additional
costs.
8.4.8 It is hereby agreed that the contracted services will also be deemed
to have been executed in full in the event that named hotels are not available
and accommodation is provided in other hotels of the same price category.
If, for these reasons, additional services cannot be provided, customers
are only entitled to a refund of any monies paid for the additional services
concerned. No further liability is accepted in this regard.
8.5 Obligatory co-operation
Groups must inform TERRA LU TRAVEL of any service problems in writing
without delay. Failure to do so by the group without good reason will
mean the group is not entitled to claim any refund.
9. Claim period
/ exclusion
Claims regarding non-execution of services or failure to execute services
as per the contract must be made in writing to TERRA LU TRAVEL within
one month of the contractually agreed date of journey's end. After this
period, claims will only be permitted if it can be proven that for reasons
beyond the control of the claimant, the claim could not be made earlier.
Claims regarding the contract must be made within 6 months of journey's
end, all other claims within 2 years of journey's end. If TERRA LU TRAVEL
states that any claim or complaint is being investigated, then this exclusion
period is extended from this time forth, until such time as TERRA LU TRAVEL
publishes the results of the investigation and makes a decision regarding
the claim.
10. Passport,
Visa, Customs, Currency and Health Regulations
The group is responsible for ensuring that it is aware of, and complies
with, any Passport, Visa, Customs, Currency or Health Regulations. The
group is responsible for any consequences or costs arising from failure
to comply with these regulations.
11. Miscellaneous
Each customer accepts and is subject to these general conditions of carriage
upon signature of the contract. The right to correct any errors as well
as any misprints or miscalculations is reserved. The invalidity of individual
clauses in the contract or conditions of carriage does not invalidate
the entire contract. Place of jurisdiction, service and fulfilment regarding
any disputes, that will hopefully not occur, is the registered address
of "Die Wilde 13 GmbH." This also applies to merchants.
TERRA
LU TRAVEL
Copyright
2006
TERRA
LU TRAVEL, Germany. All Rights reserved.
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