1. General, conclusion of contract, provision for changes in services
1.1 These general terms and conditions relate to package travel contracts between you as a customer and Mileage Tours GmbH as the organizer (hereinafter also referred to as “ Mileage Tours GmbH ” or “Organizer” for package tours) or if only individual travel services from third parties are arranged between you as a customer and Mileage Tours GmbH as an intermediary. You as a contract partner of Mileage Tours GmbH are also referred to below as “customer”, “participant” or “traveler”.
1.2 Package travel contracts are concluded by bindingly offering the reservation of the package travel contract to Mileage Tours GmbH with your travel registration and then receiving a confirmation of acceptance from Mileage Tours GmbH. Your offer is based on the travel advertisement and the additional information provided by the organizer for the respective trip, in so far as this is available to you when you book. The offer can be made in writing, orally, by telephone or online by clicking on a corresponding button. The declaration of booking does not require a specific form.
As a travel applicant, you are responsible for all contractual obligations of the travel participants for whom you are making the reservation, as for your own reservation/s, in so far as you have accepted this obligation by expressing implicitely and with a separate declaration.
Upon or immediately after the conclusion of the contract, you will receive a travel confirmation that contains all the essential information about the travel services you have booked. If the confirmation deviates from your registration contract, there is an offer to conclude a corresponding package tour contract to which Mileage Tours GmbH is bound for 10 days. The contract is then concluded on the basis of this new offer, provided that Mileage Tours GmbH’s pre-contractual information obligations have been fulfilled and you declare your acceptance to Mileage Tours GmbH within the binding period by written expression of declaration or by appropriate behavior such as the payment of the deposit.
Contract components are in particular the pre-contractual information provided by Mileage Tours GmbH on essential characteristics of the travel services as well as the present general terms and conditions.
1.3 The customer will be informed in accordance with Regulation (EC) No. 2111/2005 when booking about the identity of the operating air carrier or the operating air carrier. If these have not yet been confirmed when the booking is made, the identity of the probably operating airline is first given and information is given as soon as the identity is finally established. A change in the operating air carrier after booking will be communicated immediately. The list of airlines with an EU operating ban (“Black List”) is available on the following website: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm
1.4 Mileage Tours GmbH reserves According to § 651 f Abs. 2 BGB, change in travel services, in so far as these are insignificant changes. As soon as the change is known, the traveler will be informed of the change in a clear, understandable and highlighted manner on a durable medium. Examples of such changes are, eg. like deviations in the route or changes in the order of destinations for cruises or changes in flight times, provided that they are marked as provisional in the travel confirmation.
2. Travel price & payment
2.1 A deposit of 25% of the travel price is due upon receipt of the travel confirmation and delivery of the security certificate in accordance with § 651r BGB.
2.2 For trips which, according to the relevant information with the note “Non-refundable and non-rebookable tariff”, contain the immediate provision of non-rebookable and non-reimbursable travel services before booking, a deposit of 40% of the travel price is due.
2.3 The remaining travel price payment is due at least 35 days before the start of the trip.
2.4 For short-term bookings with a contract from the 30th day before the start of the trip, the entire travel price is due immediately.
2.5 Cancellation costs (see section 4) as well as processing and rebooking fees (see section 3) are due immediately.
2.6 If the down payment or the remaining payment is not made in accordance with the agreed payment due dates, MILEAGE TRAVEL GmbH is entitled to withdraw from the travel contract after giving a warning and to charge the travel applicant with cancellation costs in accordance with Section 4.4.
2.7 Costs for additional services such as the procurement of visas etc. are not included in the travel price unless agreed otherwise.
3. Changes of travel services at the request of the customer, rebooking, substitute passenger
3.1 Mileage Tours GmbH takes changes to the travel date, destination, departure airport, accomodation or the transport at clients request upto 45 Days before departure. There is a fee of EUR 50.00 per person for this. Additional costs incurred by the service providers will be charged separately. Mileage Tours GmbH points out that if the booked travel services are missing or limited, it may be necessary to make new bookings with correspondingly high additional costs.
3.2 According to § 651e BGB, the customer can declare to Mileage Tours GmbH on a permanent data carrier within a reasonable period of time before the start of the trip that a third party (substitute) enters into his rights and obligations from the travel contract. The declaration is in any case timely if it is received by Mileage Tours GmbH at least ten days before the start of the trip.
Mileage Tours GmbH can object to the entry of the third party instead of the registered travel participant if the third party does not meet contractual travel requirements.
Mileage Tours GmbH is entitled to charge a flat fee of EUR 50.00 for the processing costs incurred by the participation of the third party. Additional costs actually incurred by service providers will be charged separately. The customer is free to prove that the third party has not incurred or has significantly lower costs.
The originally registered travel participant and the entering third party are jointly and severally liable for the travel price and the costs arising from the entry of the third party.
4. Cancellation by the traveler before the start of the trip / not starting of the trip / cancellation costs
4.1 The customer can withdraw from the package travel contract at any time before the start of the trip. The withdrawal must be declared to Mileage Tours GmbH in writing. If the trip was booked through a travel agent, the cancellation can also be declared to the latter. It is recommended to explain the withdrawal by writing.
If the customer withdraws before the start of the trip, Mileage Tours GmbH loses its claim to the travel price. As far Mileage Tours GmbH is not responsible for the withdrawal or leading to the withdrawal circumstances or any exceptional circumstances occur at the destination or in its immediate vicinity which substantially affect the implementation of the trip or the transportation of passengers to their destination, Mileage Tours GmbH can demand reasonable compensation.
Circumstances are inevitable and exceptional if they are not under the control of Mileage Tours GmbH and if the consequences could not have been avoided if all reasonable precautions had been taken.
The compensation in the form of cancellation fees is without prejudice to the regulations in sections 4.3 and 4.5 and as in section 4.4. stated, it is flat-rate and is determined according to the travel price minus the value of the expenses saved by Mileage Tours GmbH and less what Mileage Tours GmbH acquires through alternative use of the travel services. In this respect, the period between the start of the trip and the cancellation notice is taken into account, so that an earlier cancellation can result in lower compensation.
4.2 Compensation must also be paid to Mileage Tours GmbH in the event that the travel participant does not arrive/ report at the respective departure airport in time for check-in or departure or if the trip cannot be started due to a lack of travel documents, and that Missing travel documents are not the responsibility of Mileage Tours GmbH.
4.3 Mileage Tours GmbH can compile the trip requested by the customer according to the principle of dynamic packaging. This means that particularly low tariffs of the service providers can be used, which are limited or non-rebookable and only limited or non-refundable. Appropriate provisions or restrictions are clearly indicated in the booking process before the booking is completed.
4.4 In the event of a cancellation of the trip or if the trip is not started, the following flat-rate compensation applies regardless of the provision under section 4.5:
a) Package tours without reference to special provisions regarding rebookability and reimbursement
b) Package tours with limited rebookability and reimbursement (the note on the booking confirmation reads “limited reimbursable and limited rebookable tariff”):
c) Package tours with non-rebookability and non-reimbursement (the note on the booking confirmation is “non-reimbursable and non-rebookable tariff”):
d) Individual services outside of a package travel contract with non-existent rebookability and non-reimbursement (the note on the booking confirmation is “non-reimbursable and non-rebookable tariff”):
4.5 Mileage Tours GmbH reserves the right within the meaning of section 651h (2) sentence 2 of the German Civil Code to request a higher, individually calculated compensation instead of a flat-rate compensation. In this case, Mileage Tours GmbH is obliged to give specific reasons for the compensation, taking into account the saved expenses and any other use of the travel services.
4.6 If Mileage Tours GmbH is obliged to partially or completely reimburse the travel price as a result of a cancellation, Mileage Tours GmbH must do so immediately, but in any case within 14 days after receipt of the cancellation notice (Section 651h (5) BGB).
4.7 The right of the customer according to § 651e BGB (German Civil Code) to provide a substitute participant within a reasonable period before the start of the trip by declaration on a permanent data carrier remains unaffected by the above conditions. Such a declaration is always timely if it is received by the tour operator no later than seven days before the start of the trip.
5. Cancellation by Mileage Tours GmbH
5.1 If an expressly advertised minimum number of participants is not reached, Mileage Tours GmbH is entitled to cancel the trip in accordance with Section 651h (4) No. 1 BGB. In this case, a travel price already paid will be refunded immediately.
5.2 If Mileage Tours GmbH is prevented from fulfilling the contract due to unavoidable, exceptional circumstances, Mileage Tours GmbH can declare the withdrawal from the travel contract. The declaration must be made immediately after becoming aware of the reason for withdrawal.
5.3 Mileage Tours GmbH is entitled to withdraw from the travel contract without a specially mentioned period if, despite a warning, the traveler either disturbs the execution of the trip so significantly or behaves so contrary to the contract that the immediate cancellation of the contract is also justified for the protection of other passengers. If the organizer withdraws in this way, he retains the right to the travel price, but must have the value of the saved expenses and the advantages that he obtains from any other use of the unused service, including the amounts credited to him by the service providers, taken into account.
6.1 The liability of Mileage Tours GmbH is limited to three times the travel price for damage that is not bodily harm and was not culpably caused.
6.2 Liability for property damage is limited to three times the travel price for all claims for damages arising from tortious acts against Mileage Tours GmbH that are not based on intent or gross negligence. Claims that may go beyond this under the Montreal Agreement or the Aviation Act remain unaffected by the restriction.
6.3 Mileage Tours GmbH is not liable for performance disruptions, personal injury or property damage in connection with services that were only brokered as third party services (e.g. flight only, excursions on site, sporting events, theater visits, exhibitions, transport services to and from the advertised departure and destination). This generally only applies if the respective service was expressly identified as a third-party service or as a third-party service, in particular for package tours, if the respective service is explicitly identified in the travel advertisement/ description and/ or the booking confirmation and stating the mediated service provider in recognizable way so that it can be used for the to travelers is not part of the travel services of Mileage Tours GmbH.
6.4 Transport services are carried out on the basis of the conditions of the respective transport company, which can be made available on request. The rights and obligations of the organizer and the travelers according to the travel contract law and these detailed travel conditions are not restricted by the conditions of the respective transport company.
6.5. Each travel participant is responsible for their timely arrival to the departure airport, unless a delay is due to an intentional or grossly negligent breach of duty by the organizer.
7. Customer’s obligation to cooperate, reporting of disruptions, remedial measures, service reduction, termination
7.1 Every traveler is obliged to cooperate in the event of service disruptions within the scope of the statutory provisions in order to avoid or minimize any damage.
7.2 The traveler is obliged to immediately report any travel disruptions to Mileage Tours GmbH. The notification can be made to a representative of Mileage Tours GmbH at the holiday location if such a representative is contractually owed, & available. The notification can also be made by phone, fax and email. Information about the availability of the contact persons and the contact details (telephone number, fax number, email address) is provided in the service description, but at the latest with the travel confirmation. Mileage Tours GmbH can refuse the help if it is impossible or would involve disproportionate costs.
Insofar as Mileage Tours GmbH was unable to provide remedies against the situation as a result of a culpable omission of the notification of defects, no reduction claims in the sense of § 651m BGB or claims for damages in the sense of § 651n BGB can be asserted.
7.3 In the event of damage, delays or no return of baggage on air travel, Mileage Tours GmbH strongly recommends that the relevant airline be notified immediately with a written confirmation on the spot. The damage report is to be made within 7 days in the case of baggage damage and in the case of delay within 21 days after receipt of the baggage.
7.4 The tour guide or representatives of Mileage Tours GmbH on site are authorized to receive notification of defects and requests for remedial measures, as well as to offer and organize remedial services. However, they are not authorized to recognize claims.
7.5 If the package tour is significantly impaired by a lack of travel and Mileage Tours GmbH does not rectify the situation within a reasonable period set by the traveler, the traveler can terminate the travel contract. It is not necessary to set such a deadline if Mileage Tours GmbH refuses to rectify the situation or if immediate remedy is necessary. If the contract included transportation, the traveler retains the right to return transportation. He owes Mileage Tours GmbH only the part of the travel price that is attributable to the services used or to be performed to end the package tour.
8. Passport, Visa and Health Regulations
8.1 Mileage Tours GmbH informs the customer about general passport and visa requirements as well as health-related formalities in the country of destination, including the approximate deadlines for obtaining the visas required before the contract is concluded and, if necessary, will notify you of any changes until the start of the trip.
8.2 The travel participants are responsible for complying with all regulations that are important for the implementation of the trip. All disadvantages, in particular the payment of cancellation costs, which arise from the non-compliance with these regulations, are borne by them, unless they are due to culpable incorrect or non-information by Mileage Tours GmbH.
9. Travel insurance
Mileage Tours GmbH recommends that you take out comprehensive travel insurance, in particular travel cancellation and travel disruption insurance, as well as travel health insurance that covers repatriation costs in the event of an accident or illness.
11. Severability clause
The ineffectiveness of individual provisions of the travel contract or these general terms and conditions do not result in the ineffectiveness of the entire travel contract.