Terms of Service
Dear customer,
please read these travel conditions of Sommer's Travel carefully. They supplement or fill in §§ 651 ay BGB (German Civil Code):
1. Registration and travel confirmation
1.1
With your travel registration you offer us the binding conclusion of the travel contract. This must be done in writing or text form, i.e. by letter, fax or e-mail.
1.2
The registration is carried out by you as the registrant for all participants listed in the registration, for whose contractual obligations you are responsible as for your own obligations, provided that you have taken on a corresponding separate obligation through an express and separate declaration.
1.3
The travel contract becomes binding for us when we confirm the booking and the travel price in writing or in text form. The travel confirmation is also the invoice from Sommer's Travel.
1.4
If the content of our confirmation deviates from the content of the registration, there is a new offer to which we are bound for a period of 10 days. The travel contract is concluded on the basis of this new offer if you declare your acceptance to us within these 10 days.
2. Payment
2.1
Upon receipt of the travel confirmation / invoice, a deposit of 20% of the travel price is due. The deposit will of course be deducted from the travel price.
The costs for an insurance brokered by Sommer'Travel are due in full together with the down payment and are in no case to be reimbursed by us - not even on a pro rata basis according to the cancellation scale in Section 4.1.
The remaining travel price is due 28 days before the start of the travel and if the travel confirmation / invoice is received later, provided that it is certain that your travel will be carried out as booked and the travel documents are available at Sommer's Travel or at your travel agency.
In your own interest, we ask you to carefully check the travel documents upon receipt.
2.2
We are only entitled to demand or accept payments from you on the travel price before the end of the package tour if it is ensured that in the event of failure of services due to insolvency or insolvency, the travel price paid and the necessary expenses for the return journey will be reimbursed to you (§ 651 r BGB). In this case, the security certificate certifies your direct claim against the insurer.
You will receive the security certificate together with your travel confirmation / invoice. The travel documents will be sent to you immediately upon receipt of the invoice amount.
2.3
Cancellation and rebooking fees are due immediately. When handing over a rental car or a holiday apartment, the service provider may request an appropriate deposit for the additional costs to be paid by you and any damage that may arise.
2.4
If, despite a reminder with a grace period, you fail to make payments or not make them in full, Sommer ' s Travel is entitled to withdraw from the contract and to demand withdrawal fees as compensation in accordance with Section 4.1. This does not apply if there is already a significant lack of travel at this point in time.
3. Services and any changes
3.1
Service descriptions are exclusively the information in the "offer / travel registration" on our website (Sommers-Travel.de), in the travel confirmation / invoice, as well as in our current catalog and flyers.
3.2
Sommer's Travel reserves the right to make changes to the service descriptions before the contract is concluded. For current information, please refer to our website, www.sommers-travel.de The services that result from the service descriptions on this website at the time of sending your travel registration and the information relating to this in the travel confirmation / invoice are contractually agreed. It is up to you to prove the impossibility of reading the service descriptions on the Sommer's Travel website at this point in time. In this case, the service agreements of Sommer 's Travel, which you have actually taken note of, are deemed to have been agreed.
3.3
Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which were not brought about by Sommer 's Travel in bad faith, are only permitted if the changes or deviations are not significant and the overall layout of the booked Do not interfere with travel.
Any warranty claims remain unaffected insofar as the changed services are defective.
3.4
It goes without saying that Sommer's Travel will inform you immediately of any changes in services or deviations. If necessary, Sommer ' s Travel will offer you a free rebooking or a free cancellation.
3.5
Regulation (EC) No. 2111/2005 obliges Sommer ' s Travel to inform you about the identity of the operating airline (s) of all air transport services to be provided in the context of the booked trip when booking. If an operating airline has not yet been determined at the time of booking, you must first be informed of the identity of the likely operating airline. As soon as the identity is finally established, you will be informed accordingly. If you change the operating airline after booking, you must be informed of the change as soon as possible. The list of air carriers that are subject to an operating ban in the EU (Community list) can be found here.
4. Travel cancellation, rebooking, replacement persons
4.1
You have the right to withdraw from the contract at any time. If you withdraw from the travel contract, which essentially includes air transport and accommodation, or if you do not commence the journey, Sommer ' s Travel can demand for the travel arrangements made and its expenses. The claim for compensation is lump-sum based on the scale below, taking into account the expenses usually saved and possible other uses. You are free to provide evidence of lower or non-incurred costs. The cancellation fees are (per person in% of the respective travel price):
up to the 30th day before departure 20%
up to the 22nd day before departure 25%
up to the 15th day before departure 35%
up to the 8th day before departure 50%
up to one day before departure 80%
on the day of the start of the trip or if the trip is not started 95%.
At your request, we are obliged to justify the amount of the compensation claim. We are entitled to request reimbursement of expenses either according to the graduation indicated in percent or according to the travel price less the value of the expenses we have saved and less what we acquire through other use of the travel services.
The above scale of charges applies subject to different, individual contractual agreements, which are referred to as "special cancellation conditions" or "special cancellation conditions".
Our claim for compensation does not exist if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity that significantly impair the implementation of the package tour or the transport of people to the destination. Circumstances are unavoidable and extraordinary if they are not subject to the control of the party who invokes them and their consequences could not have been avoided even if all reasonable precautions had been taken (see Section 651h (3) BGB)
4.2
As a tour operator, we are entitled to withdraw from the contract,
a)
if we are prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; we are obliged to inform you immediately after becoming aware of the reason for the withdrawal; if we withdraw from the contract, we lose the right to the agreed travel price. In the event of an obligation to reimburse the travel price, payment must be made immediately, at the latest within fourteen days of withdrawal.
b)
if the execution of the trip is permanently disrupted by the traveler despite a corresponding warning from Sommer's Travel. In this case, Sommer ' s Travel retains the right to the travel price. Any additional costs for the return transport are borne by the troublemaker himself. However, Sommer's Travel must offset the value of saved expenses as well as those advantages that are obtained from another use of unused services, including any reimbursements by service providers.
4.3
If, at your request, after booking the trip, changes should be made to the travel date, the travel destination, the place of departure, the accommodation or the type of transport, the same costs will usually arise as if you withdraw. The cancellation conditions / fees may apply to rebooking. In the case of other, minor changes, however, Sommer's Travel only charges a processing fee of EUR 50.00.
4.4
Up to 10 days before the start of the journey, each registered participant can be replaced by a third party if you notify us in writing. Sommer's Travel, however, object to the change in the person of the traveler if the third party does not meet the special requirements of the booked trip or if legal regulations or official orders - especially in the respective destination countries - conflict. If a substitute takes the place of the registered participant, you are obliged to pay the additional costs incurred, which we have to prove, to Sommer ' s Travel.
4.5
Cancellation, rebooking and change declarations can be informal, but should be made in writing in your own interest and for reasons of evidence.
5. Unused services
If you do not use individual travel services as a result of an early return trip or for other reasons for which we are not responsible, there is no entitlement to reimbursement. However, we will endeavor to reimburse the saved expenses with the service providers, provided that these are not completely insignificant services.
6. Warranty and Compensation
6.1
If our travel services show deficiencies, you are required to notify us of the deficiencies immediately - i.e. without culpable delay - in order to protect your rights (see § 651 o Paragraph 1 BGB). To do this, please contact your tour guide first. If a tour guide is not part of the contract or the local representative cannot be reached at short notice, please contact us immediately. You know the contact details - as a precaution:
Telephone: +
E-mail:
6.2
If you culpably fail to report the defect and as a result we are not able to take remedial action, you are not entitled to demand a reduction in price in accordance with Section 651 m and compensation for damages in accordance with Section 651 n of the German Civil Code (BGB).
6.3
The travel price is reduced for the duration of a lack of travel. In the case of a reduction, the travel price is to be reduced in the ratio in which the value of the package tour in a fault-free condition would have been to the actual value at the time the contract was concluded.
6.4
If the trip is significantly impaired by the travel deficiency, you can terminate the contract, but must have given us a reasonable deadline beforehand - in vain - to remedy the deficiency.
6.5
Without prejudice to the reduction or cancellation, you can claim damages, unless the travel defect is
a) caused by you,
b) caused by a third party who is neither a service provider nor otherwise involved in the provision of the travel services covered by the travel contract and who was neither avoidable nor foreseeable for us,
c) caused by unavoidable, extraordinary circumstances.
7. Passport, visa, customs, foreign exchange and health regulations
We are obliged to inform you about the general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas as well as their possible changes in the time between booking and departure; also on health formalities. Please note that this notification obligation can only relate to general information. If you have special features, e.g. dual citizenship, it is your responsibility to find out more in good time.
This also applies to the availability of medicines at the destination and import regulations for medicines that you may need.
We are not liable for the timely issue and access of the necessary visas by the respective diplomatic representation, even if you have instructed us to procure them, unless we are responsible for the delay. You are responsible for complying with all the regulations that are important for the implementation of the trip. You are responsible for all disadvantages that arise from non-compliance, except if they are due to culpable incorrect or incorrect information from Sommer's Travel. Sommer's Travel does not cover visa refusals or decisions made by local authorities.
8. Liability
8.1
We are liable for the due diligence of a prudent businessman
the conscientious travel preparation,
the careful selection and monitoring of service providers,
the correctness of the service descriptions included in the contract in accordance with section 3.2,
the proper provision of the agreed services,
but not for information in hotel or local brochures that you have obtained yourself from third parties.
8.2
We are liable for any negligence on the part of the persons and companies entrusted with the provision of services.
"Rail & Fly" is not a service to be provided by us, but a brokered service that the airlines provide free of charge or for a fee in cooperation with Deutsche Bahn. The service is to be understood as an offer to you to use the tickets to be issued by Deutsche Bahn and to make use of the option to travel to the airport by train. In the case of public transport, delays and cancellations can never be completely ruled out and cannot be influenced by Sommer 's Travel. You are responsible for arriving at the airport on time.
8.3
Our liability for damage is limited to three times the travel price, insofar as it is damage that
a) there are no physical injuries and
b) were not culpably brought about.
8.4
We are not liable for service disruptions in connection with services that are only brokered as third-party services (e.g. sporting events, visits to the theater, exhibitions, transport services from and to the advertised starting and destination locations) if these services are expressly stated in the travel advertisement and the travel confirmation / invoice of the mediated contractual partner are marked as external services in such a way that they are not recognizable to you as part of our travel services.
However, Sommer`s Travel is liable for services that include the transport of customers from the advertised starting point of the journey to the advertised destination, intermediate transports during the journey and accommodation during the journey, and if and to the extent that damage to the customer is caused by violation of information, Summer ' s Travel has become a duty to inform or organize.
8.5
We are only liable for accidents that occur at sporting events and other holiday activities if we are at fault. In this context, Sommer's Travel recommends taking out sports accident insurance.
8.6
If international agreements or statutory provisions based on such, according to which a claim for damages can only be asserted under certain conditions or restrictions, apply to a travel service to be provided by one of our service providers, we can refer to this.
8.7
You are responsible for your timely arrival at the departure airport. We recommend that you arrive at the airport 3 hours before departure.
9. Limitation of contractual claims
Your contractual claims due to defects in the trip, in particular the claims for reduction in price and damages, shall become statute-barred after two years. The limitation period begins on the day on which the package tour should end according to the contract (cf. § 651 j BGB).
11. Ineffectiveness of individual provisions
The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract.
Status: 2021