Terms and conditions travel
standard business conditions from alautentica SA
These are the general terms and conditions to book a journey or Hotel with us.
1. Registration / travel confirmation
1.1 By registering, the travelers on the tour operator, the conclusion of a binding travel agreement. The application may be made in writing, orally, by telephone or by electronic means (e-mail). For electronic bookings of tour operators acknowledge receipt of the booking immediately by electronic means. This confirmation does not constitute confirmation of the acceptance of the booking order.
Registration is made by the traveler for all participants listed in the application for whose obligations the traveler as his own obligations, if he has accepted a separate obligation by express and separate declaration. The traveler is bound to the registration until accepted by the tour operator, but not later than 14 days from the date of registration.
1.2 The travel contract is concluded with the adoption by the tour operator. The traveler gets to the tour operator a written travel confirmation. Differs from the content of the confirmation of the contents of the application, this will be explicitly stated in the confirmation. To this new offer, the tour operator is bound 10 days. The contract is concluded on the basis of this new offer, if the traveler declares his acceptance within ten days.
1.3 These terms and conditions apply exclusively for the self organized by Tica Alautentica Tours Travel.
1.4 For individual services, which are only obtained as external services, the tour operator acts only as an intermediary. During these trips or services expressly apply to the business and travel conditions of the respective third-party contractor.
2. Payment / delivery of travel documents
2.1 Conclusion With a deposit of 20% of the tour price is payable no later than 7 days after receipt of the booking confirmation / invoice.
2.2 The deposit will of course be deducted from the price.
2.3 The remaining holiday balance is due prior to departure at the latest 4 weeks (receipt).
2.4 For bookings made less than 28 days prior to arrival date, the full price is due immediately on confirmation of booking.
2.5 If the requirements of the due date of the tour price is met, there is no entitlement to provision of travel services for the traveler without full payment of the price of rice. When remitting the full payment of the price to the account of the tour operator / promoter shall prevail.
2.6 The travel documents will be sent to the traveler after receipt of full payment by email.
2.7 The tour operator is entitled to resign and claim damages for non-performance by the traveler from the contract if the latter has the tour price due is not paid after a warning and a reasonable time limit.
2.8 Withdrawal Compensation, processing and transfer fees and insurance premiums are due immediately.
3.1 The scope of the contractual services resulting from the performance specifications of the tour operator and expressly agreed with the traveler as well as the special requirements related thereto, the agreement subsequently reproducing information in the travel confirmation.
3.2 The information contained on the website of the organizer are binding. However, the tour operator reserves the right to explain objectively justified, substantial and unforeseeable reasons prior to closing a change specific travel services the travel, of which the traveler is informed before the booking.
3.3 For the above reasons, the tour operator reserves, moreover, expressly to declare a change prior to closing of the concrete road price of the tour description, of which the traveler is informed before the booking.
3.4 Travel agencies / travel agents and tour guides are not authorized to give the content of the travel contract different representations or amendments or make supplementary agreements.
4. performance / price changes
4.1 Changes or deviations of individual travel services from the contractually agreed content of the travel contract, which become necessary after conclusion of the contract and were not caused by the tour operators in bad faith, are only permitted if the changes or modifications are not substantial and not the overall form of the tour affect. In such a case, adequate replacement services are offered.
4.2 Any warranty claims remain unaffected, if the altered services are deficient.
4.3 The tour operator is obliged to put the traveler informed immediately of changes or deviations. If necessary, the tour operator will offer the traveler a free transfer or a free cancellation.
4.4 The tour operator reserves, the prescribed and agreed with the reservation prices in the case of the increase in transportation costs, especially fuel costs, or charges for certain services, such as port or airport fees and entry fees or amending existing for the journey in question exchange rates (cost factors) according to the following calculation to each change, the corresponding increase amount is added to the price.
Increase the existing at the conclusion of the travel contract transport costs, especially fuel costs, the tour operator can increase the actual amount the traveler ask for an aggregation at the raised seat.
In other cases, the carriers per means of transport required, additional transportation costs are divided by the number of seats on the means of transport. So the resultant specific amount of increase may require the traveler the respective tour operator.
If existing at the conclusion of the travel contract, such as port charges, airport charges or entry fees will be increased, the tour operator may require the proportional share of, concrete increase amount of each traveler.
In case of changes in the exchange rate after the conclusion of the travel contract, the tour operator may require the appropriate proportionate increase amount of the increase in the price of each traveler.
A price increase is only permitted if there is a period of more than 3 months between the conclusion and the agreed travel date.
4.5 The tour operator has such a price change towards the passenger or
Having to explain the change of an essential travel service immediately from the change reason. However, a price increase must be received no later than at the end of the 21st day prior to the agreed start of the traveler. Price increases after that date are not permitted.
4.6 If the price increases by more than 5% or a substantial change in an essential travel, the traveler is entitled without charge to withdraw from the contract or to demand participation in an equivalent hotel, if the tour operator is capable of such a trip without additional cost to offer the traveler from his offer.
4.7 The customer must assert these rights immediately after the declaration of the tour operator against the same.
5. Cancellation by the traveler changes substitutes
5.1 The Traveler may withdraw at any time prior to departure of the trip. The receipt of the cancellation with the tour operator or his receiving competent persons. The tour operator strongly recommends to declare the withdrawal in writing.
5.2 If the traveler from the contract or fails to participate in the trip, the tour operator may charge a reasonable compensation. The amount of compensation is determined by the travel price less the value of any savings from the tour operator and expenses of what he may acquire by other use of travel services.
5.3 The tour operator can for each trip type, taking into account the usual expenses saved and the contractually agreed arrival date set by other use of travel services usually possible acquisition, and near the time of the cancellation compensation in a percentage of the tour price in accordance with the following structure (flat-rate ):
In all organized by the tour operators trips generated by the 212th day prior to departure compensation (processing fee) from 125, - Euro per person and an additional
from the 120th to the 96th day before arrival: 5%
from the 95th to the 46th day before departure: 10%
from 45 to 29 days before departure date: 25%
from 28 to 15 days before departure: 45%
from 14 until 7 days before departure: 75%
from 6 days before departure: 90% cancellation fee.
Already booked domestic flights flights (about 2 months prior to travel) must be paid at 100%, unless a timely opportunity in booking being (max. 12 months from the beginning of the trip).
5.4 The traveler is at any time entitled to prove that the damage of the tour operator in reality little or saved expenses are higher or damage did not occur.
5.5 Until the start of the journey, the traveler may request that instead its a third person in the rights and obligations arising from the travel contract. The tour operator may object to the entry of the third party, if it does not meet the travel requirements or his participation in statutory provisions or administrative ordinances. If a third party in the contract, then stick it and the travelers to the organizers and severally liable for the tour price and the. By the occurrence of extra-costs
5.6 Once this Agreement is subject to the approval of the traveler within the temporal scope of the travel a change in the services of the travel contract or the travel price at any time. For rebooking wishes of the traveler to the travel date, destination, place of departure, the property or the contract of carriage, a rebooking fee per traveler in the amount of 30,00 € will, if the request will be levied.
5.7 Requests by the traveler after the cancellation deadlines may be performed only by canceling the travel contract and simultaneous registrations for changed travel. It grab the provisions of para. 5 of these Terms and Conditions.
5.8 Any additional costs incurred as a result of or in connection with alterations to the planned itinerary of in-person customer reasons during the voyage, shall be borne by the customer and must be paid immediately to the respective claimants with emergence. These additional costs include, for example, Expenses arising from the delayed arrival of the customers departure or prepared travel or costs for a premature return from a hike or excursion because of ailment, disease or accident (eg helicopter repatriation, hospital and hotel stay for the accompanying person) , If the tour operator to meet an acute emergency, in submission, as the amounts incurred by the tour operator after completion of the travel must be reimbursed immediately.
5.9 Travel insurance:
against risks that may occur in connection with a trip, particularly in case of cancellation or discontinuation, the traveler can insure. We strongly recommend such insurance and close it off to the customer when he instructed us when booking it.
6. Cancellation by the tour operator
The tour operator may withdraw in the following cases before the voyage from the contract or cancel the contract after commencement of travel:
6.1 The tour operator can cancel the contract for cause without notice. Tour leader or local representative of the organizer is authorized to explain the termination. One important reason may be given in particular if the traveler does not meet the previously announced special travel requirements or if it interferes with his behavior the itinerary sustainable or endangered and is the even after being advised not remedied or can be remedied. In the event of such termination, the tour operator reserves in principle the right to the tour price, but the value of the saved expenses and benefits must be credited, which are obtained from any other use of the unutilized services, including any amounts refunded by the service providers ,
6.2 Failure to comply with an advertised or officially stipulated minimum number of tour operator may withdraw from the contract if it is pointed in the tour for the appropriate travel on a minimum number of participants. In any case, the tour operator is obliged to inform the traveler immediately after the onset of the condition for the non-implementation of travel thereof, and to send him the resignation immediately. The tour operator may withdraw from the trip up to the 21st day prior to departure, if the concrete in the tour announced minimum number of participants is not reached. The traveler receives the tour price paid back immediately. Further claims of the customer do not exist.
7. Force Majeure
7.1 The tour operator may cancel the contract at an unpredictable, force majeure, if hampered the journey, endangered or would be impaired. In this case also the traveler is allowed the termination. If the contract is canceled, the tour operator may charge a reasonable compensation for the services or to end the trip still to be provided travel services.
7.2 Furthermore, the tour operator is obliged to take the necessary measures, in particular if the contract includes return transportation, return transportation to travelers. The additional costs for the return transport is by both parties ever to wear half. Other additional costs are incurred by the traveler.
8. Liability of the tour operator
8.1 The tour operator is liable under the duty of care of an ordinary merchant
the conscientious travel preparation;
the careful selection and monitoring of service providers;
the accuracy of the description of all travel services if the tour operator has not declared pursuant to paragraph 1 before concluding a change of information for travel;
the proper performance of the contracted travel services, on condition that he is the organizer.
In the event that the tour operator acts only as agent of travel services, he has with the diligence of a prudent businessman
to get the retail travel performance and to strive for that purpose to conclude the contract;
to provide the necessary advice and information and
to do everything possible to properly handle the main contract.
8.2 The tour operator is also liable for the fault of the persons entrusted with the delivery of services.
9.1 If the trip is not provided under the contract, the traveler may demand redress. The tour operator can remedy by providing an equivalent replacement. The tour operator may also refuse the redress, if they require a disproportionate effort.
9.2 For the duration of a non-conforming provision of travel, the traveler may demand an appropriate reduction of the price (reduction). The price can be reduced by the ratio would have existed at the time of sale, the value of travel in a faultless state and the real value stood. The reduction does not apply, if it culpably omits the traveler to report the defect.
9.3 If a tour is due to a defect serious, and the tour operator within a reasonable period of time does not help, then the traveler under the statutory provisions can the travel contract - by affidavit in his own interest and for the sake of preservation of evidence - terminate. The same applies if the traveler the trip due to deficiencies, the tour operator discernible reason can not be expected. A deadline for the remedy not only need it if remedy is impossible or is refused by the tour operator or if the immediate termination of the travel contract by a special interest of the traveler is justified. It owes the tour operator the amounts attributable to services used part of the tour price, provided that the benefits were of interest to him.
9.4 The traveler may require, without prejudice to the reduction or termination damages for non-performance, unless the lack of travel is based on a circumstance for which the tour operator is not responsible.
10. Limitation of Liability
10.1 The liability of the tour operator for damages other than personal injury is limited to three times the tour price, provided that damages the traveler caused neither intentionally nor with gross negligence or if the tour operator for the traveler damage incurred solely due to the fault of a service provider responsible is.
10.2 The Tour Operator is not liable for malfunctions in connection with services, which are only obtained as external services (eg sports events, theater visits, exhibitions, travel programs, etc.) and which is expressly marked in the travel description as third party services.
10.3 Apply for a service provider to be provided travel service international agreement or based on such statutory provisions under which arises a claim for damages only under certain conditions or restrictions or may be asserted or may be excluded under certain conditions, so can the tour operator towards the passenger refer to them.
11. Exclusion of claims and limitation
Claims for non-conforming provision of the journey has to be made within one month of the contractual end of the trip over alautentico SA in Santa Ana, the traveler. After this period, the traveler can make claims only if he has been prevented through no fault of meeting the deadline. Claims of the passenger after §§651c to 651f BGB become time-barred in one year. The period begins with the date on which the defect is notified to the tour operator.
12. Duty to Cooperate
The traveler is obliged to cooperate in impairment of performance in the context of the legal provisions to avoid or minimize any damage. In the case of complaints, he is obliged to give this immediately to the local tour management. This is asked to remedy, if possible. Any failure of the traveler culpably to notify a defect, a claim for reduction can not.
13. Passport, visa and health regulations
13.1 The Tour Operator undertakes to inform citizens of the country in which the tour is offered on the necessary passport and visa requirements, in particular to the period for obtaining these documents, as well as any changes prior to departure. Possibly other passport and visa requirements, about which the competent consulate will provide information apply to citizens of other states. In addition, the travel organizer is obliged to inform the traveler about the necessary health regulations and possible changes prior to departure.
13.2 The traveler is responsible for compliance with all of the travel passport, visa and health regulations.
13.3 Any disadvantages, in particular the payment of cancellation costs arising from non-compliance with this provision shall be borne. This does not include costs that are caused as a result of culpable misinformation or non-information by the tour operator.
14. Invalidity of individual provisions
The invalidity of individual provisions of the contract does not invalidate the entire travel contract.
15.1 The headquarters of the tour operator is Santa Ana in Costa Rica.
15.2 In proceedings of the tour operator to the traveler, the residence of the traveler shall prevail, unless the suit is directed against entrepreneurs or persons that do not have a general place of jurisdiction in Germany, or against persons who, after conclusion of the contract domiciled or habitually resident have moved abroad or whose domicile or habitual residence at the time of action is not known. In these cases the seat of the tour operator is decisive.
Errors and omissions excepted stay with prices and dates.
Stand in September 2014