General Business and Travel Conditions for VIATORIA GmbH
These Travel Terms and Conditions are based on the statutory provisions of the German Travel Contract Law in §§ 651 ff BGB (German Civil Code) and they complement them. Please read the following terms carefully, because by confirming your booking, you acknowledge the conditions of VIATORIA GmbH.
1 Registration/Conclusion of Contract
At the moment of registration (booking), which may be accomplished in writing, verbally, by telephone, by fax or by electronic means (by e-mail, etc.), the travelling representative, hereafter referred to as the 'Traveler', offers the conclusion of a travel contract with VIATORIA GmbH in their capacity as a tour operator under German law for private purposes. Constituting a basis of this offer, are the VIATORIA GmbH itineraries and the respective complementary information regarding each travel in their latest version (on the Internet at www.viatoria.de). Once they confirm the reservation, the Traveler thereby recognizes the exclusive application of the German law and the jurisdiction of the German courts (see paragraph 13), as well as the application of the travel conditions of VIATORIA GmbH. In addition, at the moment of the registration for the duration of the trip booked with the Viatoria GmbH, the Traveler undertakes to conduct themselves in such a manner that would not consciously or deliberately influence the travel experience of the other fellow travelers (valid for group trips).
The travel contract is deemed concluded with the booking acceptance by VIATORIA GmbH, represented by its Managing Director.
All participants listed by the Traveler in his registration shall be his responsibility, as part of his own contractual obligations, if he has taken on a commitment by means of an explicit and separate statement.
During or immediately after the conclusion of the contract, the VIATORIA GmbH will provide the Traveler with a written travel/booking confirmation. The Traveler receives this confirmation together with the insurance policy, the invoice and the service description of the booked journey.
Should the declaration of acceptance / travel/ booking confirmation deviate from the content of the registration, this means that a new offer of VIATORIA GmbH is in existence, which has been binding the offer for 10 days. If the Traveler does not object to the travel and / or payment terms within this period (for bookings, immediately within 30 days prior to departure), the travel contract is considered as concluded under these conditions. Alternatively, a deposit shall be regarded as consent of the Traveler.
2.1 Invoice and Down Payment
Upon receipt of the invoice, which is annexed to the trip confirmation or which is provided to the Traveler immediately following the confirmation, a down payment of 20% of the total travel price is due. It will be asked to make the deposit immediately after receipt of the invoice. Payments towards the travel price prior to the commencement of the trip may only be made upon the production of the risk coverage certificate (cf. point 2.3).
2.2 Remaining Payment
The payment of the remaining balance is payable 30 days prior to the commencement of the trip, if no separate regulation to a later payment or installment between the Traveler and the VIATORIA GmbH has been agreed on.
In the particular case of short-term travel booking made within a 30-day period prior to the commencement of the trip, the total price shall become due immediately upon the receipt of the invoice.
The agreement to ensure a correct sending of the entire travel documentation must be preceded by the payment of the total price. Excepted from this is the explicit agreement of above-mentioned later payments / installments.
2.3 Travel Security Note
The payments of the travel price are secured according to § 651 k BGB (German Civil Code). Together with the booking confirmation, each Traveler receives evidence of the required insurance coverage for the payments to be rendered for the booked travel services (so-called security note). In an insured event takes place, the Traveler producing the insurance policy or the travel security note shall have a direct claim against the insurer.
2.4 Outstanding Receivables, Special Costs
In case of a cancellation of the entire booking, the charges incurred shall become due immediately. Should a service fee remain unpaid in spite of its maturity, so the VIATORIA GmbH shall be entitled (following a reminder with a deadline under imposition of a fixed dunning cost fee in the amount of €10) to withdraw from the travel contract and to charge the Traveler with the cancellation costs in accordance with section 5.1.
In the event that unexpected down payments be claimed according to the type and extent of travel services rendered by the service providers responsible for ensuring the travel service, VIATORIA GmbH shall be entitled to demand these amounts be disbursed by the Traveler before the due date of the remainder of the price in the form of reimbursement of expenses against a production of the insurance certificate.
The cost of additional services, such as the provision of visas etc., is not included in the tour price, unless otherwise agreed.
The cost of insurance mediated by VIATORIA GmbH will be billed upon their completion directly to the Traveler (acting therein as the policyholder) from the insurance company in question.
3 Prices / Services
The contractually agreed services of VIATORIA GmbH and their prices arise in particular from the service description and the details of the tour confirmation, as provided by VIATORIA GmbH.
Special requests and specifically agreed-upon services are not listed in the travel confirmation. They shall be regulated separately between the Traveler and VIATORIA GmbH.
No supplementary insurance is included in the price, such as, for instance, travel cancellation insurance, baggage insurance, travel health insurance and international health insurance. However, VIATORIA GmbH strongly recommends obtaining such insurance and they are happy to submit an individual offer thereof to the Traveler upon his request (see paragraph 11).
4 Price / Service Changes
Prior to the conclusion of the contract, VIATORIA GmbH may at any time choose to make a change of the travel description for objectively justified, significant and unpredictable reasons, of which they must inform the Traveler before booking.
Especially with regard to urgent changes deviating from the agreed contents of the travel contract of individual travel services, VIATORIA GmbH reserves the right thereto (due to flight time changes, schedule changes, necessary change of hotel, etc.).
If travel services are not rendered wholly or partly by VIATORIA GmbH due to reasons for which they bear no responsibility, or when the Traveler does not make use of the travel services as a result of an early return or any other compelling reasons, then, in turn, they shall not be entitled to a pro-rata refund of the tour price.
VIATORIA GmbH reserves the right to change the prices advertised and confirmed with the booking in case of an increase of transport costs or charges for certain services, such as harbour or airport fees, or rental vehicle fees, etc..
In the event of a shift in the exchange rates following the conclusion of the travel contract, the tour price may be increased to the extent to which the travel has become more expensive for VIATORIA GmbH.
An increase is allowed only if the circumstances leading to such an increase did not occur prior to the conclusion of the contract and could not have been foreseen by VIATORIA GmbH at the moment of the contract conclusion.
In the event of a subsequent amendment of the price, VIATORIA GmbH has to notify the Traveler thereof immediately. Price increases within a 20-day period prior to departure shall be ineffective.
Following the conclusion of the contract, there shall be no entitlement to any reservation change requests which would imply a change of the travel date, destination, departure place, accommodation or the mode of transport. Should a rebooking be made, however, upon the request of the Traveller, VIATORIA GmbH shall be entitled to charge a corresponding rebooking fee, in addition to any extra costs resulting and price differences.
5 Cancellation on the Part of the Traveler, Rebookings, Substitute Participants
5.1 Cancellation by the Traveler and the Consequences of the Withdrawal
The Traveler may withdraw from the trip at any time prior to the departure date. The resignation is to be submitted in writing to VIATORIA GmbH. The date decisive for the timely receipt of the cancellation statement shall be a receipt of such written declaration of intent at the below-specified address:
In the case of withdrawal or in the case of non-commencement of the travel, VIATORIA GmbH may demand a reasonable compensation. Its amount depends on the tour price, after deduction of the value of the expenses saved by VIATORIA GmbH and the amounts which they can acquire by repurposing the travel service. The latter applies only to a booking load of the particular journey by 100%.
In the event of their resignation, the Traveler shall receive a request for payment, if necessary, with a separate account of the damage suffered by VIATORIA GmbH.
The organization and implementation of the exclusive tours of VIATORIA GmbH entail a significant planning and organizational effort. This accounts for the total basic cost of the trip and thus the expenses already incurred prior to the commencement of the trip. That being said, the following staggered cancellation packages shall be applicable between the Traveler and VIATORIA GmbH in the event of cancellation by the Traveler:
In the Event of a Cancellation
From day 11 after the booking of the journey up to 121 days prior to the commencement of the trip - 30% of the travel price
120 to 90 days prior to the commencement of the trip - 50% of the travel price.
89 to 60 days prior to the commencement of the trip - 60% of the travel price.
59 to 30 days prior to the commencement of the trip - 75% of the travel price.
30 to 1 day prior to the commencement of the trip - 95% of the travel price.
VIATORIA GmbH reserves the right to - in case of a cancellation from the 11th day after a successful registration / booking confirmation - to retain the deposit of 20% of the travel price as a down payment of the compensation to be paid by the Traveler.
5.2 Rebooking, Modification of the Travel Conditions
Should any changes be made after the booking - at the request of the Traveler - with regard to the date of travel, travel destination, or the mode of transport, then they shall equate a cancellation by the Traveler with the consequences described under 5.1.
Changes with regard to the place of departure, the accommodation, or the class of carriage which are made upon the request of the Traveler after the booking (e.g. the aircraft class, type of vehicle) shall constitute a contract amendment, requiring the consent of VIATORIA GmbH. The additional costs incurred by VIATORIA GmbH shall be invoiced separately to the Traveler and, if necessary, capped with a reasonable fee.
Further, minor changes shall be unaffected thereby and shall remain free of charge.
5.3 Substitute Participants
According to § 651 b of the BGB (German Civil Code), the Traveler may provide a substitute participant. In the case of a transfer of contract to a third party, then both the Traveler and that third party shall be held liable jointly against VIATORIA GmbH for the travel price and the additional costs incurred due to the entry of the third party.
The additional costs incurred by such operations as necessary name changes, flight bookings, etc., shall be invoiced separately and capped with a handling fee of €150.
Due to the specific nature of the individual and highly exclusive travels offered by VIATORIA GmbH, which allow only for a limited number of participants, and which are primarily based on the idea of a community, it is not possible for the Traveler to be represented by a third party during the booked trip offhand. Nevertheless, the Traveler is at liberty to name their substitute participant in the event of a rescission notice. VIATORIA GmbH shall then check in each case whether the named third party may indeed take part in the trip and they are further entitled to disagree with a choice of the substitute participant on valid grounds. Possible reasons to oppose to a substitute participant include the following: the person concerned does not meet the travel requirements of VIATORIA GmbH, or their participation stands in conflict with the legal provisions or governmental regulations.
6 Unused Services
If the Traveler does not accept the individual travel services which were offered to them properly as a result of an early return or for other compelling reasons, then they shall not be entitled to a pro-rata reimbursement of the travel price or to any other compensation.
7 Cancelation and Termination by the Organizer, Force Majeure, Payment of Compensation
VIATORIA GmbH shall be obliged to promptly inform the Traveler of a permissible travel cancellation due to the failure to reach the prescribed minimum number of participants or due to a force majeure or a significant change in the major travel service, as soon as they gain knowledge thereof.
7.1 Termination for Reasons of Conduct
The travel contract may be terminated by VIATORIA GmbH without the need to observe the notice of termination, if the Traveler or their travel companions for whose contractual obligations the Traveler himself or herself is held liable (cf. Section 1, Paragraph 2), sustainably disrupt the travel experience of the fellow travelers, despite having received a warning by the tour guide of VIATOIRA GmbH, or if the travel experience of the other travelers is consciously or intentionally impaired or should their conduct be otherwise contrary to the contract.
If the Traveler’s conduct constitutes a gross disturbance of the journey, a warning shall not be required. This should apply, for example, if the Traveler commits a criminal offence against physical integrity, sexual self-determination or against the assets of the employees of VIATORIA GmbH, the service providers and their staff, as well as those of the other passengers. Also posing a threat to the other passengers or the employees of VIATORIA GmbH by the Traveler shall be considered as a particularly gross disturbance of the trip. Also in this case, a termination by VIATORIA GmbH, shall require no warning.
A cancellation by VIATORIA GmbH on conduct-related grounds in reference to the Traveler lapses their claim to a partial refund of the tour price. The person responsible for the disturbance owes the full tour price to VIATORIA GmbH when VIATORIA GmbH is forced to terminate the contract for behavioral reasons. Such person guilty of the misconduct in question shall have to pay the extra cost for their return journey and to pay reimburse VIATORIA GmbH for any additional costs incurred as a result of their deliberate or intentional misconduct.
Even if - prior to the commencement of the trip- VIATOIRA GmbH becomes aware of certain important reasons that could predispose the person of the Traveler to potentially cause sustainable disturbance of the trip, then they shall be entitled to withdraw from the travel contract without delay. In this case, the Traveler shall be held liable against VIATORIA GmbH for the payment of the corresponding tour price, similarly to the case of the cancellation deadline.
7.2 Withdrawal in the event of not reaching the minimum number of participants
Until two weeks prior to the departure VIATOIRA GmbH shall be entitled to withdraw from the travel contract in the event that the prescribed minimum number of participants has not been reached, if the corresponding travel description made a reference to a minimum number of participants.
The Traveler shall receive an immediate refund of all the amounts disbursed to VIATORIA GmbH, if the trip gets cancelled due to a low booking volume.
In general, due to the exclusive nature of the VIATORIA GmbH trips, reaching the minimum number of participants does not constitute a mandatory criterion for an implementation of a trip. VIATORIA GmbH strives to also conduct those trips in groups whose minimum participant number has not been reached, as per their original travel booking.
7.3 Force Majeure
If the trip is considerably impeded, endangered or impaired due to a force majeure which was unforeseen at the moment of the contract conclusion, then VIATORIA GmbH, as well as the Traveler, shall be entitled to terminate or cancel the contract in accordance with section 651j.
VIATORIA GmbH may claim proportioned compensation for the services already rendered or for the services yet to be rendered to ensure the completion of the journey, pursuant to section 638, para. 3 of the BGB (German Civil Code).
Furthermore, VIATORIA GmbH shall be obliged to take the measures necessary resulting from the cancellation of the contract, in particular if the contract covers the transportation to carry back the travelers. The Traveler and VIATORIA GmbH shall bear the additional costs for the return fifty-fifty. Any further costs shall be borne by the Traveler.
8 Liability and Limitation of Liability
The liability of VIATORIA GmbH for the agreed services is defined by the legal regulations and includes the conscientious travel preparation, careful selection of the service providers, the accuracy of all travel services specified in the travelogues of VIATORIA GmbH and the proper provision of the contracted travel services, taking into account the regulations of the destination country.
8.1 Limitation of Liability
The contractual liability for damages, which are of non-physical nature, shall be limited to three times the tour price, insofar as the damage in question was neither intentionally caused by VIATORIA GmbH nor brought about by their gross negligence, but rather, the party responsible for the damage was a service provider of VIATORIA GmbH.
Liability-excluding and liability-limiting legislation which is based on international conventions and which may be revoked by a service provider appointed by the VIATORIA GmbH shall also apply to the benefit of the VIATORIA GmbH.
8.2 Disclaimer for External Services
If an additional service is required outside of the travel contract concluded between the Traveler and VIATORIA GmbH (for example transport services to and from the advertised departure and destination place, excursions, taxi rides, etc.), then only those third-party services shall be yielded which have been mediated.
VIATORIA GmbH shall not be held liable for performance errors, defaults, damages to persons or property relating to those services, which are only arranged as external services (e.g. the aforementioned transport services), if it is evident to the Traveler that these are external services in accordance with the itinerary.
9 Warranty and Obligation to Cooperate, Reduction
VIATORIA GmbH shall be obliged to render each trip in such a way that all of its advertised properties are secured and to make sure that the tips are not fraught with such errors that would reduce the value of the trip.
It is the duty of the Traveler to indicate to VIATORIA GmbH or the tour guide any errors, disturbances, damages or complaints without undue delay. Excepted therefrom shall be such errors, whose pointing out is apparently impossible or futile for other reasons.
If the trip has not been rendered as stipulated in the contract, then the Traveler may demand remedy. Required therefor shall be an indication of the defect, damage or a disturbance to VIATORIA GmbH with a simultaneous granting of an appropriate a period of performance of the remedy. A deadline shall not be required, if the remedy is impossible or if it is refused by VIATORIA GmbH, as it requires a disproportionately high effort on their part, or if the immediate remedy is necessitated by a special interest of the Traveler.
VIATORIA GmbH can also remedy the situation in such a way that an equivalent replacement service is provided.
9.2 Reduction of the Travel Price
For the duration of a non-contractual rendering of the journey, the Traveler may request a corresponding reduction of the travel price (reduction). The travel price is to be minimized in the ratio in which at the time of sale, the value of the tour in a faultless condition would be compared to its effective value. The reduction will not occur unless the Traveler's culpably fails to indicate the fault on the part of VIATORIA GmbH or the tour guide.
9.3 Termination due to Faulty Service
Should the trip be substantially impaired as a result of a defect or fault and if VIATORIA GmbH fails to provide remedy within a reasonable time, then the Traveler may terminate the travel contract in the context of the legal provisions. This will require a termination submitted in writing.
However, the Traveler shall owe VIATORIA GmbH the part of the tour price attributable to the services already rendered.
9.4 Compensation for Damages
The Traveler may demand damages for non-performance without prejudice to the reduction or termination, unless the faultiness of the trip is based circumstances for which VIATORIA GmbH cannot be held responsible. Claims for a non-contractual provision of the travel services must be lodged against VIATORIA GmbH within one month after the contractually envisaged completion of the journey.
10 Passport, Visa and Health Regulations
10.1 VIATORIA GmbH shall inform the Traveler of the passport, visa and health regulations, as well as their possible changes prior to the departure. In this respect, VIATORIA GmbH assumes that there are no anomalies in the person of the Traveler or possibly the fellow travelers (such as dual citizenship, statelessness, etc.). The passport and visa regulations for travelers who do not have the German citizenship, are to be verified by the travelers themselves with the competent authorities, government offices and consulates. With the delivery of the travel confirmation and the travel documents, the Traveler shall receive the essential information about the formalities necessary for their journey. The compliance with this information is requested, whereby the Traveler is encouraged to contact VIATORIA GmbH should they require any further information.
VIATORIA GmbH shall not be held liable for the timely issuance of and access to the necessary visas by the respective diplomatic representation, or the possibly mandatory entry/transit permits, in particular the required U.S. travel permits under the ESTA procedure, even if they were commissioned by the Traveler to procure them, unless the delay in their obtaining was caused by VIATORIA GmbH. For the obtaining of the visas, etc. from the competent authorities, an approximate period of 8 weeks must be taken into consideration. The Traveler shall be solely responsible for the compliance with all the important requirements for the trip. All disadvantages, in particular the payment of the cancellation fees arising from the non-observance of such rules shall be borne by the Traveler, with the exclusion of the instance in which they were caused by culpably wrong information on the part of VIATORIA GmbH or a lack of any information. It is pointed out that it is the Traveler’s responsibility to gather information from the authorities on whether their passport and driver's license, if necessary, which they have used to book the trip has a sufficient validity and, if further necessary, if their ID documents are machine-readable and contain any biometric data required in chip form.
Customs and foreign currency regulations are very strictly handled in various countries. We recommend the Traveler to get inform accordingly and be sure to follow the rules.
10.2 Health Regulations
VIATORIA GmbH shall inform the Traveler about the current health recommendations and regulations, which are important for their journey. In addition, we recommended that the Traveler obtain timely medical advice and, if necessary, treatment for individual infections, as well as procure vaccinations and take into consideration any preventative measures (e.g. thrombosis).
11 Insurance / Travel
There is the possibility of negotiating an offer of a travel rescission cost insurance, travel cancellation insurance, international travel medical insurance, travel liability insurance / travel accident insurance, as well as a luggage insurance by VIATORIA GmbH. In this case, VIATORIA GmbH shall only be acting in the capacity of an intermediary on behalf of the Traveler. Accordingly, the insurance conclusion and the payment always occur directly between the Traveler (policyholder) and the insuring agent.
12 Data Protection, Data Usage
12.1 Data Acquisition, Processing and Storage
The personal data which the Traveler submits to VIATORIA GmbH are electronically recorded, stored, processed, transmitted to service providers and used to the extent necessary for an execution of the contract. The Traveler expresses their consent thereto automatically in the process of the registration with VIATORIA GmbH, without having to specifically mention this.
12.2 Internal Use of Your Data
In the future, VIATORIA GmbH wants to be able to inform their travelers by telephone or e-mail about their current offers and presupposes their consent thereto, as long as it is not apparent that the Traveler does not wish to receive such information and as long as they do not use the possibility to oppose such use of their data at any time. If the Traveler does not wish to receive such information that goes beyond their journey, they need to notify VIATORIA GmbH of this intent.
About the herein explicitly specified uses of the personal information of the Traveler, there is no further use or forwarding of such data.
13. Applicable Law, Place of Jurisdiction, Partial Ineffectiveness 13.1 Applicable Law
Exclusively German law shall apply to the contractual relationship between the Traveler and VIATORIA GmbH, acting therein in the capacity of the tour operator. For claims lodged against VIATORIA GmbH, it shall therefore be irrelevant in which city and state the plaintiff is domiciled. Thus German law shall apply to all court instances.
13.2 Partial Ineffectiveness
Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby.
13.3 Statute of Limitation
Pursuant to the §§ 651c-651f, the Traveler shall have to lodge a claim against the tour operator within one month after the contractually envisaged completion of the journey.
Claims of the Traveler under the §§ 651c-651f regarding fatalities, injury to body or health, based on a deliberate or negligent breach of duty by the tour operator, have a statute of limitations of two years. This also applies to claims for other damages caused by intentional or grossly negligent breach of duty of the tour operator. All remaining claims pursuant to the §§ 651c-651f expire within a year. The statute of limitation period begins with the day on which the journey should have ended in accordance with the contract.
13.4 Place of Jurisdiction
Viatoria GmbH can only be sued in your jurisdiction (Limburg District Court). For actions brought by VIATORIA GmbH, the place of residence of the Traveler shall be decisive.
These general travel conditions and guidelines apply to the following tour operator:
VIATORIA GmbH, Diezer Strasse 48, 65549 Limburg
CEO: Matthias Jeschke
Limburg District Court, HRB 5462
VAT ID No.: DE 303325461
Status: June 2016