Travel conditions of INTI Tours

Terms and conditions of INTI Tours e. K. for bookings made after 26.01.2022

Read here the travel conditions of the company INTI Tours e. K. for bookings from 26.01.2022. You can also download them as pdf.

Dear customers and travelers,
we, the company INTI Tours e. K., hereafter abbreviated IT, use our experience and our skills to carefully prepare your trip and make it run as smoothly as possible. Clear agreements about your and our rights and obligations, which we make with you in the form of the following travel conditions, also contribute to this. The following provisions, insofar as effectively agreed, become the content of the package travel contract concluded between you and us upon conclusion of the contract. They supplement and fill out the statutory provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the German Civil Code).
Therefore, please read these travel conditions carefully before booking!

AGB's to download and print (pdf)

1. conclusion of the package travel contract, obligations of the customer

1.1 The following applies to all booking channels:

a) Basis of the offer of IT and the booking of the customer are the travel advertisement and the supplementary information of IT for the respective trip, as far as these are available to the customer at the time of booking.
b) Travel agents and booking offices are not authorized by IT to make agreements, provide information or make assurances that change the agreed content of the package travel contract, go beyond the travel description or the services contractually promised by IT or contradict them.
c) Information in hotel guides and similar directories that are not published by IT are not binding for IT and IT's obligation to perform, unless they have been made the content of IT's obligation to perform by express agreement with the Customer.
d) If the content of the travel confirmation by IT differs from the content of the booking, a new offer by IT exists, to which IT is bound for a period of 7 days. The contract is concluded on the basis of this new offer, insofar as IT has pointed out the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the customer declares acceptance to IT by express declaration or down payment within the binding period.
e) The pre-contractual information provided by IT regarding essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees (pursuant to Article 250 § 3 number 1, 3 to 5 and 7 EGBGB) shall not become part of the package travel contract only if this has been expressly agreed between the parties.
f) The customer is liable for all contractual obligations of fellow travelers for whom he makes the booking as for his own, insofar as he has assumed a corresponding obligation by express and separate declaration.

1.2 The following applies to bookings made verbally, by telephone, in writing, by e-mail or by fax:

a) With the booking, the customer offers IT the binding conclusion of the package travel contract. The client is bound to the booking for 7 working days.
b) The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) by IT. Upon or without delay after the conclusion of the contract, IT will send the Customer a travel confirmation that complies with the legal requirements on a durable data carrier (which enables the Customer to keep or store the declaration unchanged in such a way that it is accessible to him within a reasonable period of time, e.g. on paper or by email), unless the traveler is entitled to a travel confirmation in paper form pursuant to Art. 250 § 6 para. (1) sentence 2 EGBGB (Introductory Act to the German Civil Code) because the conclusion of the contract took place in the simultaneous physical presence of both parties or outside business premises.

1.3 In the case of bookings in electronic commerce (e.g. Internet, app, telemedia), the following shall apply to the conclusion of the contract:

a) The process of electronic booking shall be explained to the Customer in the corresponding application of IT.
b) The customer has a corresponding correction option available for correcting his entries, deleting or resetting the entire booking form, the use of which is explained.
c) The contractual languages offered for the execution of the online booking are indicated. Only the German language is legally authoritative.
d) Insofar as the text of the contract is stored by IT in the online booking system, the customer will be informed of this and of the possibility of retrieving the text of the contract at a later date.
e) By pressing the button (the button) "book with obligation to pay", the Customer offers IT the binding conclusion of the package travel contract. The Customer shall be bound by this contractual offer for three working days after sending the electronic declaration.
f) The Customer shall receive electronic confirmation of receipt of his booking without delay.
g) The transmission of the booking by pressing the button "book with obligation to pay" does not constitute a claim of the customer to the conclusion of a package travel contract according to his booking information. Rather, IT is free to decide whether or not to accept the customer's contractual offer.
h) The contract comes into effect through the receipt of the travel confirmation from IT by the customer.
i) If the travel confirmation is made immediately after the Customer has made the booking by pressing the button "book with obligation to pay" by corresponding direct display of the travel confirmation on the screen (booking in real time), the package travel contract is concluded upon receipt and display of this travel confirmation by the Customer on the screen, without the need for an intermediate notification of receipt of his booking according to f), insofar as the Customer is offered the option to store it on a permanent data carrier and to print out the travel confirmation. However, the binding nature of the package travel contract is not dependent on the customer actually using these options for storage or printing. IT will additionally send the customer a copy of the travel confirmation in text form.

1.4 IT points out,

that according to the statutory provisions (§§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB) there is no right of withdrawal for package travel contracts according to § 651a and § 651c BGB, which were concluded in distance selling (letters, catalogs, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting, telemedia and online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal according to § 651h BGB (see also section 5). However, there is a right of withdrawal if the contract for travel services has been concluded outside business premises in accordance with Section 651a of the German Civil Code (BGB), unless the oral negotiations on which the conclusion of the contract is based have been conducted at the consumer's prior order; in the latter case, there is also no right of withdrawal.

2. Payment

2.1.

IT and travel agents may only demand or accept payment of the travel price prior to the end of the package tour if an effective customer money protection contract exists and the customer has been handed over the protection certificate with the name and contact details of the customer money protector in a clear, comprehensible and highlighted manner. After conclusion of the contract, a deposit of 20% of the tour price is due for payment against delivery of the security certificate. The remaining payment is due 4 weeks before the start of the trip, provided that the security certificate has been handed over and the trip can no longer be canceled for the reason stated in paragraph 9. For bookings made less than 4 weeks before the start of the trip, the entire tour price is due for payment immediately.

2.2.

If the Customer does not make the down payment and/or the final payment in accordance with the agreed payment due dates, although IT is ready and able to properly provide the contractual services, has fulfilled its legal information obligations and there is no legal or contractual right of set-off or retention on the part of the Customer, and if the Customer is responsible for the delay in payment, IT is entitled, after issuing a reminder with a deadline, to withdraw from the package tour contract after the deadline has expired and to charge the Customer with withdrawal costs in accordance with Section 5.

3. Changes to the contents of the contract before the start of the trip that do not affect the price of the trip.

3.1.

Deviations of essential characteristics of travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and which were not caused by IT against good faith, are permitted to IT before the start of the trip, insofar as the deviations are insignificant and do not affect the overall nature of the trip.

3.2.

IT is obligated to inform the Customer about changes in performance immediately after knowledge of the reason for the change on a durable data medium (e.g. also by email, SMS or voice message) in a clear, comprehensible and highlighted manner.

3.3.

In the event of a significant change in an essential characteristic of a travel service or the deviation from special requirements of the customer, which have become part of the package travel contract, the customer is entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period set by IT at the same time as notification of the change. If the Client does not expressly declare his withdrawal from the Package Travel Contract to IT within the period set by IT, the amendment shall be deemed to have been accepted.

3.4.

Any warranty claims remain unaffected insofar as the changed services are defective. If IT had lower costs for the implementation of the changed trip or a possibly offered substitute trip with equivalent quality at the same price, the difference is to be reimbursed to the customer in accordance with § 651m para. 2 BGB.

4. Price increase; price reduction

4.1. IT reserves the right, in accordance with § 651f, 651g BGB (German Civil Code) and the following regulations, to increase the travel price agreed upon in the package travel contract, insofar as an increase in the travel price after the conclusion of the contract is due to

a) an increase in the price for the transportation of persons due to higher costs for fuel or other energy sources,
b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or
c) a change in the exchange rates applicable to the package tour in question directly affects the tour price.

4.2.

An increase in the travel price is only permissible if IT informs the traveler clearly and comprehensibly in text form about the price increase and the reasons for it and at the same time informs the traveler of the calculation of the price increase.

4.3. The price increase is calculated as follows:

a) In the event of an increase in the price for the carriage of persons pursuant to 4.1a), IT may increase the tour price in accordance with the following calculation:
- In the case of an increase related to the seat, IT may demand the amount of the increase from the customer.
- Otherwise, the increased costs for fuel or other energy sources demanded by the transport company per means of transport shall be divided by the number of persons transported on a pro rata basis by IT. IT may demand from the Customer the amount of the increase thus resulting for each person transported.
b) In the event of an increase in taxes and other duties in accordance with 4.1b), the travel price can be increased by the corresponding, proportional amount.
c) In the event of an increase in exchange rates pursuant to 4.1c), the tour price may be increased to the extent that the tour has become more expensive for IT as a result.

4.4.

IT is obligated to grant the Customer/Traveler a reduction in the travel price at his request if and insofar as the prices, duties or exchange rates mentioned in 4.1 a) - c) have changed after the conclusion of the contract and before the start of the trip and this results in lower costs for IT. If the Client/Traveler has paid more than the amount owed hereunder, the additional amount shall be reimbursed by IT. However, IT may deduct the administrative expenses actually incurred by IT from the additional amount to be reimbursed. At the request of the Client/Traveler, IT shall provide the Client/Traveler with evidence of the amount of administrative expenses incurred.

4.5.

Price increases are only permissible up to the 20th day before the start of the trip received by the customer.

4.6.

In the event of price increases of more than 8%, the Customer is entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period set by IT at the same time as notification of the price increase. If the Client does not expressly declare his withdrawal from the package travel contract to IT within the period set by IT, the change shall be deemed accepted.

5. Cancellation by the customer before the start of the trip/cancellation costs

5.1.

The customer can withdraw from the package travel contract at any time before the start of the trip. The withdrawal is to be declared to IT at the address given below, if the trip was booked through a travel agent, the withdrawal can also be declared to him. The customer is recommended to declare the withdrawal in text form.

5.2.

If the customer withdraws before the start of the trip or if the customer does not start the trip, IT loses the claim to the travel price. Instead, IT may demand reasonable compensation insofar as IT is not responsible for the withdrawal. IT may not claim compensation insofar as unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the performance of the package tour or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.

5.3.

IT has determined the following flat rates for compensation, taking into account the period between the notice of cancellation and the start of the trip, as well as the expected savings in expenses and the expected acquisition through other uses of the travel services. The compensation is calculated according to the time of receipt of the cancellation notice as follows with the respective cancellation scale:

Flight package tours
up to 30 days before departure 10%
from the 29th to the 22nd day before departure 20%.
from 21st-15th day before departure 30%
from 14-7 day before departure 50%
from the 6th day to the day before departure 80%
on the day of departure and in case of no-show 90%.

Bus and train travel
up to 45th day before departure 10%
from 44th to 22nd day before departure 30%
from 21-15th day before departure 50%
from 14-7 day before departure 75%
from 6 days before departure 90

Sea and river cruises
up to 50. day before departure 5 %
from 49th to 30th day 10
from 29. to 22. days 30
from 21. to 15. days 50
from the 14th day 75

Rental cars and campmobiles
up to 30. day before departure 20 %
from 29th day to 22nd day 35 %
from the 21st day to the 15th day 50 %
from the 14th to the 1st day 75
on the day of departure and in case of no-show 90 %.

5.4.

In any case, the Customer shall be at liberty to prove to IT that IT has not suffered any damage at all or that the damage suffered is significantly lower than the lump sum compensation demanded by IT.

5.5.

A compensation lump sum according to clause 5.3 shall be deemed not to be fixed and agreed upon, insofar as IT proves that IT has incurred significantly higher expenses than the calculated amount of the lump sum according to clause 5.3. In this case, IT shall be obligated to specifically quantify and justify the requested compensation, taking into account the saved expenses and the acquisition of any other use of the travel services.

5.6.

If IT is obliged to refund the travel price as a result of a withdrawal, Section 651h (5) BGB remains unaffected.

5.7.

The statutory right of the Customer to demand from IT, in accordance with § 651 e BGB (German Civil Code), by means of notification on a permanent data carrier, that a third party take over the rights and obligations arising from the package travel contract, shall remain unaffected by the above conditions. Such a declaration is in any case timely if it is received by IT 7 days before the start of the trip.

5.8.

The conclusion of a travel cancellation insurance as well as an insurance to cover repatriation costs in case of accident or illness is strongly recommended.

6. Transfers

6.1.

A claim of the customer after conclusion of the contract for changes regarding the travel date, the travel destination, the place of departure, the accommodation, the type of catering, the type of transport or other services (rebooking) does not exist. This does not apply if the rebooking is necessary because IT has provided no, insufficient or incorrect pre-contractual information to the traveler pursuant to Art. 250 § 3 EGBGB; in this case, the rebooking is possible free of charge. If in other cases a rebooking is nevertheless made at the request of the customer, IT may charge a rebooking fee of € 30,- per affected traveler up to 50 days before the start of the trip.

6.2.

Rebooking requests by the customer that are made later than 50 days before the start of the trip can, if their implementation is possible at all, only be implemented after withdrawal from the package travel contract in accordance with section 5 to the conditions and simultaneous new registration. This does not apply to rebooking requests that only cause minor costs.

7. Service not used

If the traveler does not make use of individual travel services that IT was willing and able to provide in accordance with the contract for reasons attributable to the traveler, the traveler shall not be entitled to a pro rata reimbursement of the travel price unless such reasons would have entitled the traveler to withdraw from or terminate the travel contract free of charge in accordance with the statutory provisions. IT will endeavor to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the services are completely insignificant.

8. Termination for reasons of conduct

8.1.

IT may terminate the package travel contract without notice if the traveler, despite a warning from IT, persistently disturbs or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. This does not apply if the behavior contrary to the contract is causally based on a violation of IT's information obligations.

8.2.

If IT cancels the contract, IT retains the right to the travel price; however, IT must take into account the value of the saved expenses as well as the advantages that IT gains from other use of the unused service, including the amounts credited by the service providers.

9.Withdrawal due to failure to reach the minimum number of participants

9.1. IT may withdraw if a minimum number of participants is not reached in accordance with the following regulations:

a) The minimum number of participants and the latest date of receipt of the cancellation notice by IT by the customer must be stated in the respective pre-contractual information.
b) IT must state the minimum number of participants and the latest date of withdrawal in the travel confirmation.
c) IT is obligated to immediately declare the cancellation of the trip to the customer if it is determined that the trip will not be carried out due to failure to reach the minimum number of participants.
d) A cancellation by IT later than 4 weeks before the start of the trip is inadmissible.

9.2.

If the trip is not carried out for this reason, the customer will be refunded any payments made on the trip price without delay; section 5.6 applies accordingly.

10. Obligations of the customer/traveler

10.1. Travel documents

The Customer shall inform IT or its travel agent through which the Customer booked the package tour if the Customer does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period notified by IT.

10.2. Notice of Defects / Request for Remedy

a) If the trip is not provided free of travel defects, the traveler can demand remedy.
b) Insofar as IT was unable to provide a remedy as a result of a culpable omission of the notice of defects, the traveler can neither assert claims for reduction according to § 651m BGB nor claims for damages according to § 651n BGB.
c) The traveler is obligated to immediately notify the IT representative on site (tour guide or local agency) of the defect. If a representative of IT is not available on site and is not contractually owed, any travel defects are to be brought to the attention of IT at the notified contact point of IT; the availability of the representative of IT or his contact point on site is informed in the travel confirmation. However, the traveler may also bring the notice of defects to the attention of his travel agent through whom he booked the package tour.
d) The representative of IT is instructed to provide remedy, if this is possible. However, he is not authorized to recognize claims.

10.3. Setting a deadline before termination

If the Customer/Traveler wishes to terminate the Package Travel Contract due to a travel defect of the type described in Section 651i Paragraph (2) BGB, provided it is significant, in accordance with Section 651l BGB, the Customer must first set IT a reasonable deadline for remedial action. This does not apply only if the remedy is refused by IT or if the immediate remedy is necessary.

10.4. Baggage Damage and Baggage Delay during Air Travel; Special Rules & Deadlines for Requesting Remedy.

a) The traveler is advised that loss, damage and delay of baggage in connection with air travel must be reported by the traveler to the responsible airline immediately on the spot by means of a notice of claim ("P.I.R.") in accordance with the provisions of aviation law. Airlines and IT may refuse reimbursement based on international agreements if the damage notification has not been completed. The damage report must be filed within 7 days in case of baggage damage and within 21 days in case of delay.
b) In addition, the loss, damage or misdirection of baggage must be reported immediately to IT, its representative or contact point or the travel agent. This does not release the traveler from reporting the damage to the airline in accordance with letter a) within the above deadlines.

11. Limitation of liability

11.1.

IT's contractual liability for damages that do not result from injury to life, body or health and were not culpably caused is limited to three times the travel price. Possible claims beyond this according to the Montreal Convention or the Air Transport Act remain unaffected by this limitation of liability.

11.2.

IT is not liable for service disruptions, personal injury and property damage in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theater visits, exhibitions), if these services were expressly identified as third-party services in the travel description and the travel confirmation, stating the identity and address of the arranged contractual partner in such a clear manner that they are not recognizable to the traveler as being part of the package tour by IT and were selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.

11.3.

However, IT shall be liable if and to the extent that the damage suffered by the traveler was caused by IT's breach of its duties to inform, educate or organize the traveler.

12. Assertion of claims, addressee

Claims according to § 651i paragraph (3) No. 2, 4-7 BGB must be asserted by the customer against IT. The assertion can also be made via the travel agent if the package tour was booked via this travel agent. The contractual claims listed in § 651 i paragraph (3) BGB are subject to a limitation period of two years. The limitation period begins on the day on which the trip should end according to the contract. An assertion in text form is recommended.

13. Information requirements on the identity of the operating air carrier

13.1.

IT informs the Customer at the time of booking, in accordance with the EU Regulation on Information to Air Passengers on the Identity of the Operating Air Carrier, before or at the latest at the time of booking, on the identity of the operating air carrier(s) in respect of all air transport services to be provided as part of the booked trip.

13.2.

If the operating airline(s) is/are not yet determined at the time of booking, IT is obligated to inform the Client of the airline(s) that will likely operate the flight. As soon as IT knows which airline will operate the flight, it will inform the Client.

13.3.

If the airline named to the Client as the operating airline changes, IT will inform the Client of the change immediately and as soon as reasonably possible.

13.4.

The "Black List" (airlines banned from using the airspace above the Member States.), drawn up in accordance with the EC Regulation, is available on IT's Internet site or directly at transport.ec.europa.eu/transport-themes/eu-air-safety-list_en and can be consulted at IT's offices. Passport, visa and health requirements.

13.5.

IT will inform the client/traveler about general passport and visa requirements as well as health police formalities of the destination country including the approximate deadlines for obtaining any necessary visas before conclusion of the contract as well as about any changes to these before the start of the trip.

13.6.

The customer is responsible for obtaining and carrying the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the customer/traveler. This does not apply if IT has not informed, has informed insufficiently or has informed incorrectly.

13.7.

IT shall not be liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation if the Customer has commissioned IT to procure them, unless IT has culpably breached its own obligations.

14. Passport, visa and health requirements

14.1.

14.2.

14.3.

15. Special regulations in connection with pandemics (especially the Corona virus)

15.1.

The parties agree that the agreed travel services will always be provided by the respective service providers in compliance with and in accordance with the official requirements and conditions applicable at the time of travel.

15.2.

The traveler agrees to observe reasonable usage regulations or restrictions of the service providers when using travel services and to notify the tour guide and the service provider immediately in the event of typical symptoms of illness occurring.

16. Alternative Dispute Resolution; Choice of Law and Jurisdiction Agreement

16.1.

IT points out with regard to the law on consumer dispute resolution that IT does not participate in a voluntary consumer dispute resolution. If a consumer dispute resolution would become obligatory for IT after printing of these travel conditions, IT will inform the customer about this in an appropriate form. IT refers to the European online dispute resolution platform ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.

16.2.

For customers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive validity of German law is agreed for the entire legal and contractual relationship between the customer and IT. In this case, the Customer may sue IT exclusively at its registered office.

16.3.

For legal action by IT against customers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence is not known at the time the action is brought, the place of jurisdiction is agreed to be the registered office of IT.

Tour operator is:

INTI Tours e. K.
Sole proprietorship
HRA 541078
Tax ID No. DE 230 287470
Tax number: 62321/22206

Address:

Hauffstraße 15, 73326 Deggingen, Germany
Telephone: 07334/959741, Telefax: 07334/959745
Mail: info@inti-tours.de
Internet: www.inti-tours.de