Dear Sir or Madam,
Please be kind to carefully read the following General Conditions of Travel (GCT) of ITERU Travel Services GmbH. The terms and conditions below are considered as an integral part of any valid travel agreement closed between you as a tour participant – hereinafter called “Customer” or “Traveller” – and ITERU Travel Services GmbH – hereinafter called “ITERU” –, the tour organiser.
Our General Terms and Conditions complement and complete the regulations for package tours included in §§ 651a et sqq. of the German Civil Code (BGB) and the information requirements for tour organisers according to §§ 4 – 11 of the BGB-InfoV (Information Regulation of the German Civil Code). If you have any questions, please feel free contact us.
1. Conclusion of the travel contract
The Customer’s registration constitutes a binding offer for closing a travel contract with ITERU. Customers are requested to preferably use the form provided by us for their registration.
The registration can be submitted in writing, orally, by phone or through other telecommunication means. The registration performed by the applicant includes all participants mentioned in the registration form. The applicant shall be liable for the participants’ contract obligations in the same way as for his/her own contract obligations, provided that he/she has assumed a corresponding separate obligation through an express and separate declaration.
The contract comes into effect upon acceptance by ITERU. The acceptance is not subject to a specified form. ITERU will provide the tour confirmation to the Customer upon closure of the contract or immediately thereafter.
If the contents of the confirmation should deviate from the contents of the registration, such differing confirmation constitutes a new offer by ITERU, to which ITERU is bound for a period of 10 days. The contract comes into effect on the basis of such new offer, if the Traveller confirms the acceptance to ITERU within the commitment period.
Payment on the travel price prior to the end of the tour may only be requested and performed upon handover of the bankruptcy insurance policy according to § 651 k, section 3 of the German Civil Code. A down payment becomes due upon conclusion of the contract, the amount of which is subject to individual agreements. In default of such agreement, the down payment amounts to 15% of the travel price and in any case at least EUR100 or the complete travel price, if the latter does not exceed EUR100. Further payments become due on agreed dates. Final payments become due upon provision of or access to the travel documents (generally 4 weeks prior to the travel date), unless the tour can be cancelled for the reasons mentioned in clause 7.b).
Notwithstanding the above provision, the complete travel price can be demanded also without providing the bankruptcy insurance policy if the duration of the tour does not exceed 24 hours, not include overnight accommodations and if the travel price does not exceed EUR75.
In case of a non-payment or delayed payment of the travel price or any part thereof by the Customer, ITERU, after a reminder and notice of default, shall be entitled to withdraw from the contract and claim the damages as specified under clause 5.1.
3. Services and brochure information
The contractually agreed services are specified in the service description included in the tour description on which the travel contract is based and/or the tour confirmation. The information included therein is binding for ITERU. ITERU expressly reserves the right to amend or modify the specified services or prices prior to the conclusion of the contract to the extent permitted by law, and will inform the Traveller about such amendments or modifications accordingly. Price adjustments prior to the conclusion of the contract can be required for the following reasons:
1. In case of an increase of the transportation costs, the duties for certain services, the port or airport fees or a change of the exchange rates applicable to the tour occurring subsequently to the publication of the tour description.
2. If the package tour requested by the Customer and specified in the tour description is only available through the purchase of additional contingents subsequently to the publication of the tour description.
Deviant services, e.g. from other brochures of the service provider, as well as special requests that alter the envisaged service scope shall only be binding if expressly confirmed by ITERU.
Individual third-party services that are not included in a package tour and are expressly offered under a third-party name, like e.g. flight-only, rental cars, excursions and other events, are no proprietary services of ITERU.
4. Service and price change
4.1 Changes of individual tour services and deviations of the latter from the agreed contents of the travel agreement that are subsequently to the conclusion of the contract and which have not been caused ITERU against the principle of good faith, shall only be admissible, if such changes and deviations are immaterial and do not impair the overall layout of the booked tour.
Eventual warranty claims remain unaffected thereof as far as the altered services are defective. ITERU shall be obligated to inform the Customer immediately about any changes or deviations of the services. In case of a subsequent material change of an essential travel service, the Customer is entitled to cancel the travel agreement or to demand a participation in a similar tour, provided that IERU is able to offer such tour within its own offer range without any surcharge. The Customer will be offered a free rebooking as the case may be.
4.2 ITERU reserves the right to adjust the travel price agreed in the travel agreement in case of an increase of the transportation costs or the duties imposed on certain services, like port or airport fees or a change of the exchange rates that are applicable to the concerned tour according to the following regulation, provided that a period of more than 4 months lies between the contract conclusion and the travel start date and the events that caused the change have neither occurred nor were foreseeable for ITERU at the time of the contract conclusion.
In case of an increase of the transportation costs applicable on the date of the contract conclusion and in particular the fuel costs, ITERU is entitled to
a) demand the increased amount in case of a seat-related increase; and
b) in other cases divide the additional transportation costs per means of transportation imposed by the transportation company through the number of seats of the agreed means of transportation and demand the resulting increased amount for the individual seat.
If the duties applicable on the date of the contract conclusion, like e.g. port or airport fees should be increased towards ITERU, the travel price can be increased by the corresponding proportional amount. In case of a subsequent change of the travel price, ITERU shall be obligated to inform the Traveller immediately but in any case 21 days prior to tour start at the latest. In case of a price increase of more than 5%, the Customer is entitled to withdraw from the travel agreement or to request the participation in a similar tour, provided that ITERU is able to offer such tour within its own tour offer without surcharge.
4.3 The Traveller must assert the rights stipulated under 4.1 and 4.2 immediately after the notification of the change in the travel services or the travel price by ITERU against the latter; preferably in writing.
5. Customer’s withdrawal, rebookings, substitutes
5.1 The Customer can withdraw from the tour at any time prior to the tour start date. The date of receipt of the note of withdrawal by ITERU applies. The Customer is recommended to notify his/her withdrawal in writing. If the Customer withdraws from the travel agreement or does not start the tour, ITERU is entitled to claim an indemnification for the performed tour preparations and expenses. The indemnification shall be calculated on the basis of the travel price less the saved expenses and any other use of the travel services.
ITERU is entitled to assert this claim as a lump sum under consideration of the usually saved expenses as well as the usually possible profit resulting from any other use of the travel services according to the following structure depending on the proximity of the time of withdrawal to the contractually agreed tour departure date in a proportional ratio to the travel price.
Depending on the type of tour, the indemnification claimed by ITERU amounts to:
a) For tours including a national or international flight with charter or scheduled airlines (per person)
- up to the 60th day prior to the tour start: 15% of the total price;
- between the 59th and 30th day prior to the tour start: 30% of the total price;
- between the 29th and the 11th day prior to the tour start: 45% of the total price;
- between the 10th and the 4th day prior to the tour start: 75% of the total price;
- as from the 3rd day prior to the tour start or in case of failure to start the tour: 85% of the total price.
b) In case of ship cruises without international or national flights with charter or scheduled airlines, even if these only constitute a part of the total tour (per person)
- up to the 60th day prior to the tour start: 10% of the total price;
- between the 59th and 30th day prior to the tour start: 25% of the total price;
- between the 29th and the 15th day prior to the tour start: 50% of the total price;
- between the 14th and the 1st day prior to the tour start: 75% of the total price;
- in case of a withdrawal on the tour start date or in case of failure to start the tour: 85% of the total price.
c) In case of a tour without international or national flights with charter or scheduled airlines not including a ship cruise (per person)
- up to the 60th day prior to the tour start: 10% of the total price;
- between the 59th and 30th day prior to the tour start: 20% of the total price;
- between the 29th and the 11th day prior to the tour start: 35% of the total price;
- between the 10th and the 4th day prior to the tour start: 60% of the total price;
- as from the 3rd day prior to the tour start or in case of failure to start the tour: 80% of the total price.
d) In case of tours with charter or scheduled airlines with less than 10 participants, special indemnification scales apply. Such scales are specified in the respective tour description.
e) ITERU reserves the right to claim an indemnification deviating from the scales specified above, provided that ITERU has expressly noted such deviation in the tour description.
The Customer is in any case entitled to provide evidence that ITERU has not incurred any or incurred less costs in relation to the withdrawal.
5.2 If, upon the Customer’s request, changes of the travel date, the travel destination, the place of departure, the accommodation or the transport type and category are applied subject to availability (rebookings), ITERU is entitled to forward the incurred additional costs to the Customer.
Change requests notified by the Customer later than 60 days prior to the tour start, can only be applied after a withdrawal from the travel agreement under the conditions according to clause 5.1 and by new registration, provided that such changes can be performed at all.
5.3 The Customer can request up to the tour start (under consideration of the time effort required for the organisation) that a third party enters into the obligations and rights arising from the travel agreement instead of him/her. ITERU can reject the entry of a third party, if such party does not meet the special tour requirements or the participation of such party violates legal provisions or administrative orders.
If a third party enters into the agreement, the third party and the Traveller (registrating person) are liable jointly and severally towards ITERU for the travel price and the additional costs caused by the entry of the third party.
6. Unused Services
If the Customer does not use individual travel services, including an early return or due to other reasons, ITERU will use its best efforts to obtain a reimbursement of the saved expenses from the service provider. This obligation shall not apply in case of completely immaterial services or if a reimbursement is impossible.
7. Withdrawal or termination by the Tour Organiser
ITERU is entitled to withdraw from the travel agreement prior to the tour start or to terminate the travel agreement after the tour start in the following cases:
a) Without notice period
If the Traveller continues to disturb the performance of the tour notwithstanding a call to order, impairs the performance of the tour or breaches the agreement in a way that justifies an immediate termination of the latter. If ITERU terminates the agreement for such reason, ITERU reserves the right to claim the travel price. However, ITERU must deduct any saved expenses as well as the benefits arising from a further use of the unused services.
b) Up to 2 weeks prior to the tour start
If the specified or mandatory minimum number of participants is not achieved and the requirement of a minimum number of participants for the respective tour is mentioned in the tour description. ITERU is obligated in any case to inform the Customer immediately after the occurrence of the prerequisite for the non-performance of the tour and forward the notice of withdrawal to the Customer immediately. Any payments with regards to the travel price will be reimbursed to the Customer.
8. Termination of the agreement due to unusual circumstances
If the tour is hindered, endangered or impaired significantly due to circumstances of force majeure which were unforeseeable at the time of the contract conclusion, ITERU and the Traveller are entitled to terminate the agreement. In case of a termination of the agreement, ITERU shall be entitled to claim a reasonable indemnification for tour services already provided or to be provided in order to complete the tour. ITERU shall furthermore be obligated to take all required measures for the return of the Traveller, provided that such return is included in the agreement. The additional costs of the return shall be borne by both parties in equal shares. Otherwise, the additional costs shall be borne by the travellers.
9. Liability of the Tour Organiser
9.1 ITERU is liable in the context of the diligence of a prudent businessman for:
a) the diligent tour preparation;
b) the careful selection and monitoring of the service providers;
c) the correctness of the description of all tour services specified in the tour description, unless ITERU has notified a change of such information prior to the contract conclusion according to clause 3; and
d) the appropriate provision of the agreed tour services.
9.2 ITERU is liable according to clause 11 for a default of the party entrusted with the service provision.
If the tour service is not provided as agreed, the Traveller is entitled to a claim for remedy. ITERU can reject the remedy, if the latter requires an unreasonable effort. ITERU can also take remedial action by providing an equivalent service.
b) Reduction of the travel price
The Traveller can demand a corresponding reduction of the travel price (abatement) for the period for which the Tour Organiser fails to provide the tour services according to the agreement. The travel price shall be reduced at the ratio at which the value of the non-defective tour would have compared to the actual value at the time of sale. The reduction shall not apply if the Traveller deliberately fails to indicate the defect.
c) Termination of the agreement
If a travel is significantly impaired due to a defect and ITERU fails to take remedial action within a reasonable period, the Traveller, to the extent admitted by law, is entitled to terminate the travel agreement in his own interest and for preservation of evidence conveniently by notice in writing. The same applies if the Traveller cannot be expected to participate in the tour due to an important reason acknowledged by ITERU. No period for remedy must be specified if remedy is impossible or rejected by ITERU or if the termination of the agreement without notice is justified by a special interest of the Traveller. The Traveller is liable towards ITERU for the proportional travel price related to the used services, unless the used services have been of no interest for the Traveller.
Without prejudice to the right of reduction or termination, the Traveller is entitled to claim an indemnification for non-performance, unless the deficiency of the tour is caused by circumstances for which ITERU is not responsible.
11. Limitation of liability
11.1. ITERU’s contract liability for damages other than personal damages is limited to the triple travel price
a) to the extent that damages incurred by the Traveller have not been caused deliberately or due to gross negligence; and
b) to the extent that ITERU is solely responsible for a damage incurred by the Traveller due to a default of a service provider.
11.2 ITERU’s liability for damage claims of the Customer against ITERU for tort not resulting from wilful intent or negligence with regards to property damages per Customer and tour is limited to the triple amount of the travel price. The Customer is recommended to take out a travel accident and traveller’s baggage insurance in this regard and in his/her own interest. Clause 11.4 remains unaffected by the aforementioned provision; also in case of a liability exceeding the limitation specified above.
11.3 Any damage claim against ITERU is insofar limited or excluded as a damage claim against the service provider can only be asserted under certain conditions or limitations or is excluded under certain conditions due to international conventions or legal regulations based on the latter and which are applicable to the services to be delivered by the service provider.
11.4 If ITERU assumes the position of a contractual air carrier, its liability is subject to the provisions of the Air Traffic Act in connection with the international conventions of Warsaw, The Hague and Guadalajara as well as the Montreal Convention. These conventions usually limit the air carrier’s liability for death or personal injuries as well as baggage losses and damages. As far as ITERU acts as a service provider in other cases, its liability is subject to the applicable regulations. If ITERU acts as a contractual ship-owner with regards to ship cruises, its liability is subject to the provisions of the Commercial Code and the Inland Navigation Act.
11.5 ITERU is only liable as an agent with regards to third-party services that are not included in a package tour and which are expressly offered in the name of a third party (like e.g. flight-only, rental car, excursions, sports and cultural events, etc.). The liability for defective agency offers is limited according to the principles stipulated under clause 11.1 and 11.4.
12. Obligation to co-operate
In case of occurred service interruptions, the Traveller is obligated to co-operate and avoid or minimise eventual damages as provided for by legal regulations.
The Traveller is obligated in particular to notify his/her complaints immediately to the local tour agency, which is instructed to take remedial action, if possible. If no local tour agency is available, complaints and requests for remedy must be notified to the registered office of ITERU. If the Traveller deliberately fails to notify a defect, any claim for reduction and/or indemnification expires.
ITERU can be contacted as follows:
ITERU Travel Services GmbH
Hohe Leuchte 20, 35037 Marburg
Phone: +49 (0) 6421 96 86 603 (Germany) or: +20 (0) 1000 30 3006 (Egypt)
Fax: +49 (0) 6421 407 590
13. Exclusion of liability and statutory limitation
Claims due to a non-contractual delivery of the tour services must be asserted by the Traveller within one month after the end date of the tour as specified in the agreement against ITERU. Upon expiry of this period, the Traveller can assert claims if he or she has been unable to observe the period without a default of the Traveller. By way of derogation, baggage losses must be notified within 7 days and baggage delays must be notified within 21 days after the date of handover.
Contractual claims of the Traveller according to §§ 651 c-f of the German Civil Code with the exception of claims aimed for indemnification in case of a personal injury or damage due to a defect for which ITERU is responsible or gross negligence of ITERU or its vicarious agents become time-barred after a period of 12 months. The limitation of actions begins on the end date of the tour as specified in the agreement. If the Traveller has asserted such claims, the limitation of action is impeded up to the date, on which ITERU or ITERU’s liability insurer objects the claims in writing. Other claims are subject to legal limitation periods.
14. Passport visa and health regulations
ITERU is responsible for informing the citizens of a country, in which the tour is offered about the passport, visa and health regulations and their eventual changes prior to the start of the tour. Citizens of other countries can get information from their competent consulate.
ITERU assumes no liability for the timely grant of and access to the required visa through the respective diplomatic agency, even if the Traveller has instructed ITERU to obtain such visa, unless ITERU is responsible for the delay.
The Traveller is solely responsible for the observance of all regulations that are important for performing the tour. All prejudices and in particular the payment of withdrawal costs resulting from a failure to observe these regulations shall be borne by the traveller, unless caused by a culpable incorrect or non-information by ITERU.
15. Obligation to inform about the identity of the performing airline
According to the EU-VO 2111/2005, ITERU is obligated to inform the Customer about the identity of the airline providing the air transportation services in relation to the booked tour at the time of booking the latter. If the performing airline is yet to be determined, the probable airline must be indicated first and the Customer must be informed accordingly as soon as the performing airline has been finally determined. ITERU shall be obligated to inform the Customer immediately in case of any change of the airline.
The information about the performing airline in the sense of the EU-VO 2111/2005 does not imply a contractual claim for the performance of the air transport by the specified airline and does not constitute a warranty unless a corresponding warranty is included in the travel agreement. To the extent legally agreed, the tour organiser expressly reserves the right to change the airline.
The common list of unsafe airlines published by the European Commission is available under http://ec.europa.eu/transport/air-ban/list_en.htm (follow the links provided therein to the current list) and can be submitted to you prior to booking upon request.
If any provision of the travel agreement should be or become ineffective, such ineffectiveness shall not affect the validity of the overall contract.
17. Applicable law and place of jurisdiction
The contractual and legal relationships between ITERU and the Customer are subject to the German law.
The Traveller can sue ITERU only at the company’s registered seat. The legal venue for actions filed by ITERU against the Customer is the Customer’s place of residence, unless the action is directed against general merchants or persons having moved their place of residence or usual place of residence abroad subsequently to the contract conclusion or the place of residence or usual place of residence is unknown at the time of filing the claim. In these cases, the legal venue shall be the registered seat of ITERU.
This provision does not apply, if indispensable provisions of the European Union or other international provisions are applicable and conflict the above provision.
18. Additional conditions for group tours
If ITERU performs a tour exclusively for a closed group, which has been registered with ITERU through a group Customer and/or group responsible, special liability conditions apply:
a) ITERU is only liable for the services indicated in the booking confirmations according to the above-mentioned stipulations.
b) ITERU assumes no liability for services or parts thereof that have been offered to the group Customer and/or the group responsible or a member of the group in addition to the contractually agreed travel service; irrespective of the type of additional services (e.g. arrival at or departure from the place of departure and return indicated in the travel agreement organised by the group, events before, during and after the tour, organisation of meetings before, during and after the tour, organisation of additional excursions incl. transport).
c) ITERU assumes no liability for deviations from the contractually agreed tour programme initiated solely by the group Customer and/or group responsible (e.g. instructions to the local service providers, changes of the envisaged tour programme, inclusion of additional visits, meetings or undertakings of any kind).
d) ITERU also assumes no liability for information provided and representations made by the group Customer and/or group responsible to the Customer. The group Customer and/or group responsible in particular is not entitled to acknowledge defects of the tour or claims for reimbursement of the travel price or parts thereof asserted by the Customer on behalf of ITERU. Any tour complaints must be submitted directly and immediately according to the stipulations above to ITERU or a representative of ITERU.
ITERU Travel Services GmbH
Registered office: Marburg
Legal form: Limited liability company (GmbH)
Court of registration: Local Court Marburg, HRB 5539
Dipl. Theol. Sebastian D. Plötzgen
Hohe Leuchte 20