General business terms of

t+t – trade and tourism services
Oxana Jentzsch

1.) General
The customer of t+t – trade and tourism services (in the following called t+t ) offers the conclusion of a travel contract by booking a travel.
The content of the travel contracts referring to bookings which do not result from catalogue offers conform to the suppliers' current travel terms.
2.) Contractual partners
t+t is the contractual partner for all suppliers. Orderers (in the following called client) are the contractual partners of t+t.
3.) Offers
What kinds of services are contractually agreed results from the offer's desciption.
Each of the offers compiled by t+t are a subject to change, exempt from charges and not binding. The mentioned prices are not commissionable and are valid from a certain minimum number of participants. If this minimum number of participants is not reached t+t is allowed hike the prices.
4.) Booking
By his instructions the client bindingly offers the conclusion of a contract. t+t's written or oral confirmation of the booking is binding and once more confirmed by the bill's transmission. The client's booking can happen in a written or oral way and is binding for every itemized participant.
5.) t+t's duties
According to the contractual arrangements, t+t commits itself to perform the agreed services and capacities and to protect the client's rights and interests during the service realisation. This is especially affecting the involvement in the control of the cancelation time limits, the forwarding of name lists and the provision of the appropriate travel documents.
6.)The clients duties
The client commits himself to take up the contractually agreed travel services and to do everything necessary to fulfil the service realisation modalities. This is especially affecting the keeping to the predetermined cancelation time limits, to the paying modalities and also to the punctual transmission of a participant list and the entrainment of the sent travel documents.
The client commits himself to pay the agreed and current prices to t+t on time. This also applies to the done expenses to third persons and down payments.
7.) Service completion/ Cancelation
The client can cancel the travel contract any time. The contract's cancelation has to happen in written form. If not agreed differently the following cancelation conditions are valid for every travel booking:
until 35 days before travel beginning:  10 % of travel price
34.-22. day:                                    30 % of travel price
21.-15. day:                                    50 % of travel price
14.-07. day:                                    80 % of travel price
from the 6th day on:                            100 % of travel price

Rebooking fees are equated with cancelation fees or conform with assignations which are particularly agreed in the individual case. The client's task is it to control the appointment of the cancelation time limit.
8.) Paying modalities
t+t is entitled to demand an appropriate deposit or down payment. This happens in the form of bank transferals or credit card paying by the contractual partner in the time between travel declaration and the conclusion of the contract.
The bank charges are to be payed by the client.
The amount and the payment date of the down payments are declared in writing in the travel contract. Furthermore, t+t is entitled to call in anytime the demands which accrued during the stay by making out an intermediate bill.
A down payment in the amount of 10% (15% for groups) of the total amount is due immediately after the conclusion of the travel contract. Referring to bookings of fairs this can vary depending on the current regulations.
The remaining payment is due 15 days before beginning your journey (if not agreed differently) without demand of payment. After the complete payment has come in, the customer will receive all the travel documents. (Voucher, Tickets,...).
The agreed prices include, if not listed separately, the prevailing statutory value added tax.
9.) Price changes
If the time period between the conclusion of the contract and the service beginning is longer than 5 months and if the former agreed travel price increases for t+t on the part of the key players this can also affect the contractually agreed travel price of the client.
In such a case the client will immediately be notified after the changes become known and they can consequently cancel the travel contract within 2 days.
Regarding a possible increase of the value added tax t+t reserves its right to correct the prices appropriately.

10.) Cancelation by the client
The client always has the right to cancel the contract exempt from charges until the day of the agreed cancelation time limit. The client has to declare his cancelation in written form. By the cancelation in due time t+t loses its rights to the agreed travel price.
If the client does not take up the whole or particular travel services as a result of a short-term return journey or other compulsive reasons (to be proved) t+t will contact the keyplayers and go after the refunds for the saved charges /services. Afterwards, t+t will refund them to the client after a former agreement about the amount. If a decrease should not be possible the client is committed to pay 100% of the travel price, even if the travel did not happen.

Basically t+t recommends the conclusion of a travel cancelation expenses insurance.

11.) Cancelation by t+t
t+t reserves its right to cancel the contract:
a) without keeping to a time limit, if the client does not meet the demands of paying in due time. This does not release the client from paying the due cancelation fees.
b) without keeping to a time limit considering unpredictable incidents like strikes, natural catastrophes, disasters and similar incidents.
If one of these cases occurs t+t will make efforts to render an equal substitute. The customer will immediately be informed.
c) without keeping to a time limit if after trying everything possible the provision of services is not possible, provided that t+t is not responsible for the circumstances leading to such a situation.
12.) Liability/ Warranty
t+t is liable within the limits of the duty of care for the offer's correctness, for the careful choice of key players, for a careful travel preparation, for the correctness of the services' description, for a proper provision of the agreed travel services corresponding to the local traditions of the particular country or place.
A claim to a pro rata decrease of the travel price can only be asserted as far as t+t is liable for possible defects. The liability is limited to the travel price depending on its height. In any case, claims can only emerge if the defects are immediately asserted towards t+t in writing.
13.) Obligation to co-operate
Within his duty to avert, the client takes over the duty to do everything that is reasonable to him to contribute to the defect's elimination and keep the emerging damage as small as possible if an impairment of performance occurs. He's especially committed to inform t+t immediately about his complaints. t+t is committed to find an immediate remedy. The client is instructed to make a memorandum about the reclamation and to make the reclaiming traveled person sign it. Possible claims which result from a defect are to be asserted towards t+t within the cut-off period of 1 month after the contractually intended finish of the travel.
14.) Miscellaneous
If particular regulations of these business terms are not valid this doesn't affect the validity of the other regulations. In general, the contractual partners' declarations of intention are effective in law with the date of receipt to t+t.
t+t is not a travel business in terms of BGB. t+t is only liable for its medium work. The liability is limited to gross carelessness and intention.
These business terms are binding unless it is explicitly agreed differently in particular contracts.
Place of jurisdiction is Schwerin. Only German law is valid for conflicts resulting from or in connection with the travel contract which was issued by us. Place of performance is  the registered office of t+t. Referring to business connections with enterprises and juristic persons of public law the place of jurisdiction is the registered office of t+t.

Schwerin, 23rd May 2009  

 © 2013 open range Lars Nixdorf;