Terms & conditions for packages from
EMG - Essen Marketing GmbH
Dear Guest,
please read the following terms & conditions for package offers carefully. These tour conditions are, as far as they are effectively included, part of the tour contract that you - subsequently referred to as "the customer" - conclude with EMG - Essen Marketing GmbH, Am Hauptbahnhof 2, 45127 Essen, subsequently abbreviated to "EMG", as the tour operator. The tour conditions apply exclusively to EMG packages. They do not apply to the provision of external services (e.g. guest tours and entrance tickets) and not for contracts for accommodation services or their provision.
1. Concluding the contract
1.1. The customer can communicate his interest in a booking verbally, in writing, by fax or by e-mail to EMG. This signal of interest does not represent a binding offer by the customer to conclude a tour contract.
1.2. Rather EMG will make a binding offer to the customer to conclude a tour contract on the basis of the customer's signal of interest. The basis of this contractual offer is the content of the offer, these tour conditions and all supplementary information forming the basis of the booking (catalogue, list of accommodation, Internet), as far as these are available to the customer.
1.3. The tour contract comes into being when the customer accepts the offer from EMG within the time period given in the offer and in the form given in the offer without amendments, limitations or supplements.
1.4. EMG will confirm receipt of the acceptance declaration to the customer. However, the contract only comes into effect legally with the receipt of the acceptance declaration of the customer by EMG, so that the binding character of the tour contract is not subject to the receipt of the corresponding confirmation of receipt of EMG.
1.5. The customer carrying out the boooking is liable for the contractual obligations of fellow travellers for whom he carries out the booking to the same extent as his own insofar as he takes on the corresponding obligations in an express and separate declaration.
2. Services, amendments to services
2.1. The services owed by EMG result exclusively from the contents of the booking confirmation in connection with the description of the respective package on which these are based and in accordance with all information and explanations in the documents that form the basis of the booking.
2.2. Travel agents and service providers, particulalry accommodation companies, are not authorised by EMG to give assurances or make agreements that go beyond the tour description or the booking confirmation or that are in contradiction to it or that amend the contents of the tour contract.
3. Deposit / Outstanding balance
3.1. On concluding the contract (receipt of the customer's acceptance declaration at EMG) and after the transfer of a Certificate of Insurance in accordance with Para. 651k BGB (German Civil Code) a deposit is to be paid that will be offset against the tour price. It shall amount to 10% of the tour price, insofar as no other agreement has been made and noted in the booking confirmation in individual cases.
3.2. The outstanding balance is due for payment 3 weeks before the start of the tour, as long as no other payment deadline has been agreed in individual cases and that the Certificate of Insurance has been transferred.
3.3. In divergence from the regulations in Figures 3.1 and 3.2 the obligation to transfer a Certificate of Insurance lapses
a) If the package tour does not last more than 24 hours, does not include an overnight stay and the tour price does not exceed € 75 per person
b) If the contractual services do not include carriage to and from the holiday location and if it is agreed and noted in the booking confirmation that the total tour price shall be paid only on site or after the end of the tour or on account after return from the holiday.
3.4. If EMG is prepared and is in a position to provide the contractual services and if the traveller does not pay the deposit or outstanding balance or does not pay them in full by the agreed due date, without any contractual or statutory right of withdrawal of the customer exisiting, EMG shall be entitled to cancel the contract, after issuing a reminder setting a deadline, and to charge the traveller cancellation costs in accordance with Figure 4 of these conditions.
4. Cancellation by the customer, rebooking
4.1. The customer can cancel the tour at any time until the start of the tour. To avoid any misunderstandings it is recommended that a cancellation is made in writing. The effective date is the receipt of the cancellation declaration at EMG.
4.2. In every case of cancellation by the tour participant, EMG is entitled to compensation for the tour arrangements and expenditure made by EMG as follows, whereby expenditure usually saved and the usual possible alternative utilisation of tour services are taken into account:
a) Up to the 31st day before the start of the tour 10 % of the tour price
b) From the 30th to the 21st day before the start of the tour 20 % of the tour price
c) From the 20th to the 12th day before the start of the tour 40 % of the tour price
d) From the 11th to the 3rd day before the start of the tour 60%
e) From the 3rd day and in the event of failure to travel 90 % of the tour price
4.3. We strongly receommend that you take out holiday cancellation insurance.
4.4. The customer retains the right to prove to EMG that EMG has incurred no or lower costs than for the preceding packages. In this case the customer is obliged to pay only the lower costs.
4.5. EMG retains the right, in divergence from the preceding packages and in individual cases, to demand higher, specific compensation whereby this shall be specifically itemised and documented to the customer.
4.6. The statutory right of the customer to substitute a participant in accordance with Para. 651b BGB (German Civil Code) remains unaffected by the preceding regulations.
4.7. If amendments to the tour date, the accommodation, the catering or any other services (rebookings) are carried out at the customer's request after the conclusion of the contract EMG can, without any legal right of the customer to make a rebooking, and only if this is possible at all, levy a rebooking fee of € 26.00 up to the 31st day before the start of the tour. Later rebookings are only possible on cancellation of the tour contract and a new booking in accordance with the preceding cancellation conditions. This does not apply to rebooking requests that only cause insignificant costs.
4.8. In the event of cancellation or rebooking, costs incurred for entrance tickets booked due to their return of amendment shall be paid separately in addition to the rebooking fee or cancellation compensation insofar that EMG does not succeed in otherwise utilising the entrance tickets. In this case the total compensation shall be calculated from the tour price less the prices for the entrance tickets.
5. Duties of the travellers / customers, (notice of defects, termination, exclusion period)
5.1. The traveller is obliged to notify EMG about any defects that may occur without delay and to demand redress. Any claims of the traveller shall not lapse only if the traveller does not complain through no fault of his own. A notice of defect to a service provider, in particular to the accommodation company, is not sufficient.
5.2. If the tour is significantly impaired as a result of a tour defect or if the traveller cannot be expected to carry out the tour as a result of such a defect for a significant resaon known to EMG the traveller can terminate the tour contract in accordance with statutory provisions (Para. 651e BGB). Such a termination is admissible only if EMG or its agents allow a set, suitable period determined by the customer to expire without providing any assistance. Determination of such a time period is not required if assistance is impossible or is refused by EMG or its agents or if the immediate termination of the contract is justified by a special interest of the customer.
5.3. The traveller can enforce claims due to non-contractial provision of tour services exclusively after the end of the tour, within one month of the contractually foreseen return journey date against EMG at the address given below. Timely notification cannot be made to the service providers, in particular not to the accommodation company. We strongly recoomend that a claim is made in writing.
6. Liability
6.1. The contractual liability of EMG for damage that is not injury to the person is limited to three times the tour price insofar as the loss suffered by the traveller was neither deliberate nor caused by gross negligence or that EMG is responsible for a loss incurred by the traveller due to the fault of a service provider.
6.2. EMG is not liable for information and disruption of services in connection with services
a) That are not contractually agreed main services and that are not part of the package offered by EMG and are recognisably identified as external services in the tour description or booking confirmation or
b) External services that are merely arranged during the stay (e.g. spa services, sport events, theatre visits, exhibitions, excursions etc.)
7. Unclaimed services
7.1. If the traveller does not claim individual tour services as a result of a premature return jounrey, illness or for other reasons for which EMG is not responsible the traveller shall have no claim to a proportionate refund.
7.2. However, EMG shall, insofar as this does not concern insignificant amounts, attempt to obtain a refund from the service provider and pay the corresponding amounts back to the customer as soon as and insofar these amounts are in fact refunded to EMG by the individual service providers.
8. Limitation
8.1. Any customer claims in accordance with Paragraphs 651c to f BGB (German Civil Code) resulting from endangering life, the person or health that relate to deliberate or negligent infingements of obligations by EMG or one of its legal representatives or by vicarious agents of EMG, shall be limited in time to two years. This shall also apply to claims for any compensation for damages relating to deliberate or grossly negligent infringements of any obligations by EMG or its legal representatives or by vicarious agents of EMG.
8.2. All remaining claims in accordance with Paragraphs 651c to f BGB (German Civil Code) shall be limited in time to one year.
8.3. The time limitation in accordance with Figures 10.1 and 10.2 begins on the day on which the tour should end in accordance with the contractual agreements.
8.4. If negotiations are ongoing between the customer and EMG about a claim or the circumstances on which a claim is based, the time limitation shall be suspended until the customer or EMG refuses to continue the negotiations. The time limitation shall come into effect three months at the earliest after the end of such a suspension.
9. Choice of law and jurisdiction
9.1. German law shall apply exclusively to the contractual relationship between the customer and EMG. This also applies to the whole contractual relationship.
9.2. Insofar that claims of the customer against EMG are made abroad for EMG liability that are not based on German law, German law shall be used exclusively with reference to the legal consequences, in particular with reference to the extent and amount of customer claims.
9.3. The customer can only file a suit against EMG at its registered office.
9.4. In the event of any suits filed by EMG against a customer the place of residence of the customer shall be authoritative. For suits against customers or contractual partners of the tour contract, sales staff, corporate bodies in accordance with public or private law or persons who reside or are domiciled abroad, or whose place of residence is not known, the court of jurisdiction shall be that of the registered office of EMG.
9.5. The preceding regulations shall not apply if and insofar as contrary provisions of international agreements, from which there is no contractual derogation, to the benefit of the customer exist or if and insofar as other applicable provisions for which there is no derogation of a member state of the EU of which the customer is a citizen are more beneficial for the customer than the following provisions or the corresponding German regulations.
© Copyright; RA Noll Stuttgart, 2004-2009
The tour operator is:
EMG - Essen Marketing GmbH
Represented by MDs GF Karl-Heinz König and Eva Sunderbrink
AG Essen, HRB 12155
Am Hauptbahnhof 2
D - 45127 Essen
Tel.: +49 / (0) 201 / 8872042, Fax: +49 / (0) 201 / 8872044
E-Mail: touristikzentrale@essen.de
www.essen-marketing.de
