unforgettable journeys is a brand of GEOBUCH GmbH. The company GEOBUCH GmbH acts through its brand unforgettable journeys (hereinafter always referred to as unforgettable journeys) both as an agent for trips by third-party organizers and individual services by third-party service providers and as an organizer of their own trips. For trips and services mediated by unforgettable journeys, the booking conditions listed under “A” below, for trips and sports courses organized by unforgettable journeys itself, the travel conditions listed under “B” are agreed. For both types of business activity of mavia, the general terms and conditions printed under “C” also apply.
A - Booking conditions for trips and travel services mediated by unforgettable journeys
I. Registration / travel confirmation
unforgettable journeys arranges trips that are organized by external companies as well as individual travel services (e.g. rental cars, follow-up programs, sports courses and excursions) from external service providers. In all cases, the third-party organizers or service providers (hereinafter referred to as LT) are named when the booking or the travel offer is made. As a rule, the customer's travel contract for the individual travel services does not come into being with unforgettable journeys, but exclusively with the respective LT through the mere mediation of unforgettable journeys. The customer is bound to his written offer to conclude the booking contract for a period of 14 days. The booking is only made with a written confirmation by unforgettable journeys.
II. Content of the contract
The content of the brokered contract is based on the respective agreements with the LT as the contractual partner of the travel participant. For this travel contract between the respective LT and the customer, only the GTC and the other conditions of the LT are authoritative. The terms and conditions are made upon request
handed over or sent.
III. Liability of unforgettable journeys as an intermediary
With these brokered services, unforgettable journeys is not liable for the provision of services by LT, but only for the proper provision of the brokerage of the trip or individual travel services. Information about services mediated by LT are based exclusively on the information provided to unforgettable journeys. They do not represent unforgettable journeys's own assurance to the travel participant. This also applies to the prices and travel dates stated by LT. However, unforgettable journeys strives with the care of a prudent businessman to ensure that the information about services, prices and travel dates of LT are up-to-date, complete and correct. Should unforgettable journeys violate this obligation through gross negligence or intent, it is liable for the damage resulting from the incorrect information.
IV. unforgettable journeys as representative of the organizer and service provider
1. unforgettable journeys is the delivery address for the respective LT if it is based outside of the Federal Republic of Germany. All complaints, resignations and other declarations of intent
can be handed over to unforgettable journeys as the delivery address for the foreign LT.
2. Rebooking / withdrawal
Rebooking a brokered travel service can only be made by withdrawing and subsequently concluding a new contract for a travel service, unless the rebooking takes place within the program of the same LT and the latter has made special arrangements for the rebooking.
3. Cancellation costs for travel agencies (flight, bus, rental car, accommodation of all categories, sports courses, etc.) When arranging trips by LT, the applicable cancellation conditions always apply.
4. Scheduled flights
Special cancellation rates apply to all-inclusive flights with scheduled airlines. There is a fee of at least € 150.00 for a cancellation. Otherwise the general cancellation rates apply. We charge a fee of € 150 for rebooking to a replacement person.
B - Travel conditions for travel organized by unforgettable journeys itself
I. Booking the trip
The booking of the trip only becomes binding for unforgettable journeys if it has been confirmed in writing to the travel participant by unforgettable journeys. The travel participant is bound to his registration until acceptance by unforgettable journeys, but no longer than 14 days from the date of registration. The mere confirmation of receipt of the registration does not constitute an acceptance of the contract by unforgettable journeysa.
II. Price Changes
1. unforgettable journeys is entitled to increase the travel price if, for unforgettable journeys and after conclusion of the contract, the price components named below increase or arise again due to circumstances for which unforgettable journeys is not responsible: foreign exchange rates; Transport tariffs and prices (in particular due to the rise in energy prices); government fees and other government charges for certain services. However, the price increases are only permitted if there is a period of more than four months between the conclusion of the contract and the start of the trip. In order to be effective, a price increase must be communicated immediately, at the latest three weeks before departure.
2. If the travel price increases by more than 5%, the travel participant is entitled to withdraw from the contract without paying any compensation. Instead, the travel participant can request participation in another trip of at least equivalent value from unforgettable journeys, provided that unforgettable journeys is able to offer one from its range at no extra cost for the travel participant. The withdrawal or the request for a replacement trip must be declared to unforgettable journeys immediately in order to be effective.
III. Cancellation costs before the start of the journey / rebooking
1. If the travel participant withdraws up to the 61st day before the start of the journey, unforgettable journeys 30 % will charge cancellation compensation (cancellation costs) per travel participant.
2. If the travel participant withdraws from the 60th day before the start of the journey, unforgettable journeys will charge the following graduated fees: up to the 46th day before the start of the journey 50%, up to the 31st day before the start of the journey 75% and from the 30th day before the start of the journey or in the event of no-show 100% Travel price.
3. The key date for determining the cancellation compensation is the receipt of the declaration of withdrawal. When determining the deadline, the day of departure is not counted. However, there is always € 50 per person. These conditions also apply to a change in the booking (travel destination, departure airport, accommodation, date, etc.) or a change of name or provision of a replacement person. Any additional costs incurred will be borne by the customer. The organizer can object to the change in the person of the traveler if the third party does not meet the special travel requirements or if there are legal regulations or official orders to the contrary. When calculating the compensation, usually saved expenses and usually other uses of the travel services are to be taken into account.
IV. Withdrawal / termination by unforgettable journeys, minimum number of participants
1. If a minimum number of participants is specified in the travel advertisement or in other documents that have become part of the contract, unforgettable journeys can withdraw from the travel contract up to 14 days before the start of the journey
withdraw if the minimum number of participants is not reached. In this case, unforgettable journeys will immediately inform the travel participant that the minimum number of participants has not been reached and send him the declaration of withdrawal without delay. The travel participant will immediately receive the paid travel price back.
2. The contract can also be terminated if, after conclusion of the contract, unforeseeable force majeure (e.g. weather conditions, such as the risk of avalanches on ski tours) makes the trip considerably more difficult, endangered or impaired. The participant will be informed about this immediately and the declaration of withdrawal will be forwarded to him immediately. The travel participant receives the paid travel price back.
3. unforgettable journeys is also entitled to terminate the travel contract without observing a period of notice if the travel participant disrupts the implementation of the journey despite a warning or if he behaves in such a way that it is contrary to the contract that the immediate cancellation of the contract is justified. In this case, unforgettable journeys retains the right to the travel price, but unforgettable journeys must offset the value of the saved expenses as well as those advantages that unforgettable journeys obtains from other use of the unused service, including the amounts credited by the LT.
V. Limitation of liability of unforgettable journeys as a tour operator
1. The liability of unforgettable journeys for damages from tortious acts, unless it is based on intent or gross negligence, for personal injury is limited to € 76,700 per participant and trip. Liability for property damage is limited to three times the travel price, insofar as
the damage amount exceeds € 4,100.
2. The liability of unforgettable journeys towards the tour participant for damages due to contractual claims from the travel contract is limited to three times the travel price, provided that no physical injury is involved and
a) the damage is not caused by gross negligence or intent, or
b) unforgettable journeys is responsible for any damage suffered by the tour participant solely due to the fault of a service provider.
VI. Notification of defects, request for remedy, termination due to force majeure
1. Notices of defects and requests for remedial action are to be sent to the tour guide or the local representative of unforgettable journeys at the travel location, which are specified in the travel documents. Tour guides or local representatives are commissioned to provide remedial action, if this is possible and necessary. If a tour guide or local representative is not available or available, notifications of defects or requests for remedial action are to be sent directly to unforgettable journeys, provided this is reasonable for the travel participant.
2. However, tour guides and local representatives are not authorized and not authorized to recognize claims for price reduction or compensation with effect against unforgettable journeys.
3. Tour guides and local representatives of unforgettable journeys are authorized to terminate the travel contract for mavia in the event of force majeure.
VII. Limitation period / statute of limitations
Claims due to non-contractual provision of a package tour organized by unforgettable journeys itself must be asserted against unforgettable journeys within one month after the contractually stipulated end of the trip. The date of receipt of the complaint is decisive for compliance with the deadline. After this period has expired, the tour participant can only assert claims if he was prevented from observing the period through no fault of his own. The aforementioned claims of the tour participant expire in 6 months. The statute of limitations begins on the day on which the trip should end according to the contract. If the traveler has asserted such claims, the statute of limitations is suspended until the written rejection of the claims by unforgettable journeys or its liability insurance.
C - General conditions for trips mediated or organized by unforgettable journeys
I. Terms of payment
1. When the travel contract is concluded, a deposit on the travel price is due. This amounts to 30% of the travel price per person.
2. The remaining travel price is due 60 days before the start of the travel. For bookings made less than 60 days before the start of the trip, the entire travel price is due immediately and payment by credit card is no longer possible.
3. Deviating from the regulation in section 2, for events that cost less than € 75 per person, do not include an overnight stay and last less than 24 hours, the travel price is due 14 days before the start of the journey against delivery of the travel documents.
4. Withdrawal, processing and rebooking fees are due immediately. If there is no earlier due date, the travel price is due on the day after the end of the trip.
5. Separately booked flights to and in the destination area are always due for payment immediately. The cancellation and rebooking conditions according to the airline apply to the flights. Flight times are always subject to change.
II. Insurance
unforgettable journeys urgently recommends taking out the following travel insurance policies, insofar as these are not included in the travel price: luggage, travel accident, travel liability and travel health insurance including an ambulance flight from abroad and cancellation insurance.
III. Passport, visa, customs, foreign exchange and health regulations
1. The notification of the above provisions when booking a trip or travel service to the traveler refers to the status at the time of booking. It is generally assumed that the travel participant is a German citizen. Personal circumstances justified in the person of the travel participant cannot be taken into account unless they have been expressly communicated by the travel participant.
2. It is expressly pointed out that the state authorities can change these provisions at any time. unforgettable journeys will, within the scope of its possibilities, inform the traveler of any changes as soon as possible. The travel participant is advised, however, to follow the news media about changes in the regulations in his travel destination in order to be able to adjust to the changed circumstances in good time. unforgettable journeys is only liable for a breach of the obligation to notify a change in the provisions after the conclusion of the travel contract in the event of gross negligence or willful misconduct.
3. The travel participant is solely responsible for his or her health suitability with regard to the requirements of the booked service (eg high mountain tours, ski tours, diving courses). Incidentally, mavia points out to the tour participant that technical and sanitary facilities abroad do not always meet German standards.
IV. Warranty / termination
1. If the trip is not performed in accordance with the contract, the tour participant must immediately request redress in order to safeguard his warranty and termination claims and set unforgettable journeys a reasonable deadline for redress. The tour operator can refuse the remedy if it requires a disproportionate effort.
2. For the non-contractual provision of the travel service, the travel participant can request a corresponding reduction in the travel price (reduction). There is no entitlement to a reduction in price if the tour participant culpably failed to report the defect.
3. If the trip is significantly impaired as a result of a defect and the organizer does not provide a remedy within a reasonable period set by the tour participant, the traveler can terminate the travel contract within the framework of the statutory provisions.
4. Please note that flight times / numbers / routes and airlines are subject to change. The travel participant is obliged to check the aforementioned data in good time before starting the journey.
V. Data protection
unforgettable journeys protects all personal data of the travel participant against improper use in accordance with the Federal Data Protection Act. The personal data that the travel participant makes available to unforgettable journeys is only processed or used to the extent that it is necessary for the execution of the contract.
VI. Place of jurisdiction
In the event that the travel participant relocates their domicile or usual place of residence abroad after conclusion of the contract or the domicile is unknown at the time the action is brought, the place of jurisdiction for claims by unforgettable journeys against the travel participant is Munich.
VII. Ineffectiveness
The ineffectiveness of individual provisions of these general terms and conditions does not result in the ineffectiveness of the remaining provisions. In place of the ineffective provision, the statutory regulation applies.
VII. Miscellaneous
The law of the Federal Republic of Germany applies exclusively to the brokerage or travel contracts concluded between the travel participant and unforgettable journeys.
