Standard terms of contract
The Incoming Department of Studiosus Reisen Muenchen GmbH, General Manager Peter Mario Kubsch, (hereinafter referred to as Studiosus Incoming or we/us) organises tourist package deals for business customers and agents (hereinafter called Clients) in the form of country tour programmes, and also provides individual tourist services like flight and hotel reservations. Unless otherwise contractually agreed, the following Standard Terms of Contract apply to all GMC transactions involving Studiosus Incoming and the services thereby provided:
1. CONCLUSION OF CONTRACT
1.1 As a first step Studiosus Incoming will normally prepare a non-binding programme proposal based on the Client¿s declared wishes and needs. Please note that no reservation has yet been made and prices and availability have not been checked at this stage.
1.2 The prices quoted in any firm programme offer subsequently submitted by us will be firm for the dates stated in the programme. Studiosus Incoming guarantees that the prices or rates quoted to the Client/Agent are correct at date of submission. All prices will be quoted in EURO.
Studiosus Incoming reserves the right to make amendments to offers already submitted at any time prior to conclusion of contract.
1.3 All contracts must be concluded in writing and duly signed by authorised signatories of the contracting parties. Any subsequent amendments and/or additions must be mutually agreed and also be in writing. Studiosus Incoming also reserves the right to adjust rates or prices in accordance with the provisions of Clause 4 after date of conclusion of contract (e.g. if suppliers¿ prices are increased).
2. PERFORMANCE/SPECIAL REQUESTS
2.1 Studiosus Incoming always endeavours to do everything reasonably possible to provide the best service to its Clients, but disclaims responsibility for disruptions of travel arrangements resulting from flight or train cancellations, delays or postponements occurring for any reason whatsoever. Studiosus also disclaims liability for claims of tour participants for reimbursement of additional expenses or losses arising through delays, accidents, natural disasters, political unrest or illness. While Studiosus Incoming will make every reasonable endeavour to provide assistance in such cases, the Client shall bear sole liability for all such expenses, except where it can be shown these arose through fault of Studiosus Incoming.
2.2 In cases where changes in a contractually agreed programme are unavoidable, e.g. through climatic conditions, official or other third party actions, Studiosus Incoming will make every reasonable endeavour to minimise adverse effects of such actions and to maintain the remainder of the tour programme.
2.3 Studiosus Incoming must be notified in writing of any special requests, (e.g. non-smoking hotel rooms, etc.) at time of booking. Although Studiosus Incoming will make every endeavour to fulfil all reasonable special requests, it cannot guarantee compliance and disclaims liability for failure to comply.
2.4 Most hotel prices will include breakfast (B). In individual cases Half Board and/or Full Board may be included in the price. This will be confirmed by the letters (L) lunch and/or (D) dinner against the relevant items in the tour itinerary. The lunch and/or dinner will then be provided either in the hotel itself or in a suitable local restaurant. Please note that transport costs for evening visits to restaurants in vehicles provided by Studiosus Incoming or its agents are charged extra, except where the dinner is included in the itinerary.
3. PAYMENT/ PAYMENT METHOD
3.1 Unless otherwise contractually agreed, all payments for services to be provided by Studiosus Incoming shall be remitted by bank transfer to the bank account stated in the Studiosus Incoming invoice. Each party shall be responsible for settlement of transfer fees charged by its own bank.
3.2 The agreed advance payment shall be due and payable upon receipt of the invoice/confirmation. Further advance payments shall be due and payable at the dates stated in the invoice/confirmation. In cases where the total tour price is increased, e.g. through increase in size of tour group, the amounts of the advance instalments shall increase pro rata and the differences from the amounts already remitted shall become due and payable immediately.
3.3 The final payment must be remitted not less than 30 days before the tour starts (tour commencement date). In the event of default, we reserve the right to suspend provision of services or to cancel all bookings.
3.4 Expenditure incurred in excess of the contractual price after completion of the tour programme will be invoiced to the Client by Studiosus Incoming and shall be due and payable within 14 days of date of invoice without deductions or charges.
4. PRICE CHANGES
4.1 Large tour groups often yield economies of size and any subsequent significant reduction in numbers will inevitably increase the price per participant.
4.2 Studiosus Incoming reserves the right to amend tour prices after conclusion of contract to allow for cost increases that were unforeseeable at date of offer or beyond its control, e.g. fluctuations in exchange rates, increases in or introduction of new taxes, other official levies or suppliers¿ prices. Studiosus Incoming shall be permitted to increase the contractually agreed tour price, subject to the proviso that any such increase shall not exceed the actual cost increases payable by Studiosus Incoming for the specified items in performance of the tour program. Studiosus Incoming undertakes to notify any such tour price increase to the Client without delay and to furnish supporting documentation on request. If the overall tour price increase exceeds the original offer by more than 25%, the Client shall be entitled to withdraw from the contract without further payment. Any such withdrawal must be notified to Studiosus Incoming in writing within 10 days from receipt of notice.
Studiosus Incoming will then repay all remittances received to date from the Client for the cancelled tour, with the exception of any deposits defined in the contract as non-refundable.
5. CANCELLATION POLICY
5.1 Unless otherwise contractually agreed, changes in travel dates and services to be provided that are requested by the Client after conclusion of contract shall be treated as cancellations and new reservations.
5.2 Cancellation more than 60 days prior to tour commencement date: No cancellation fees. Non-refundable deposits paid by Client will not be reimbursed.
Cancellation between 60 and 31 days prior to tour commencement date: Cancellation fee: 30% of total tour price less deposit already remitted.
Cancellation between 30 and 16 days prior to tour commencement date: Cancellation fee: 35% of total tour price less deposit already remitted.
Cancellation between 15 and 9 days prior to tour commencement date: Cancellation fee: 50% of total tour price less deposit already remitted.
Cancellation between 8 and 2 days prior to tour commencement date: Cancellation fee: 75% of total tour price less deposit already remitted.
Cancellation less than 48 hours before tour commencement date: Cancellation fee: 90% of total tour price less deposit already remitted.
5.3 Unless otherwise contractually agreed, the terms of Clause 5.2 shall also apply to any reduction in number of persons in the tour group, subject to the proviso that the cancellation charge will in that case not be calculated on the full tour price, but on the amount relating to the persons who have cancelled. The tour price for the remaining members of the tour group will then be recalculated in accordance with Clause 4.1.
6. LIMITATION OF LIABILITY
6.1 Liability of Studiosus Incoming for material damage/loss or pecuniary loss, but not for bodily injury, is limited to 300% of contractual price, except where intent or gross negligence can be shown. This also applies to liability of Studiosus Incoming for actions performed by it as agent of a third party.
6.2 Liability for pecuniary loss and/or material loss or damage suffered by tour participants through Studiosus Incoming¿s fault shall be limited to a maximum amount of 300% of contract price, except where intent or gross negligence can be shown. This shall not apply to liability for death or bodily injury.
7. PROVISIONS RELATING TO PASSPORTS, VISAS, CUSTOMS, FOREIGN CURRENCY A ND HEALTH
7.1 The Client bears sole responsibility for communication and explanation of these Standard Terms of Contract to tour participants.
7.2 All information on these Standard Terms of Contract provided to the Client by Studiosus Incoming relates to their status and to the situation applying as of date of contract. Any special personal circumstances affecting all or individual tour participants must be notified to Studiosus Incoming at time of first enquiry, otherwise normal circumstances shall be deemed to apply.
7.3 We hereby expressly emphasise that changes in laws and regulations may necessitate amendment of these Standard Terms of Contract at any time. Although Studiosus Incoming will endeavour to forward information on such amendments to the Client as quickly as possible, we recommend the Client to obtain earliest possible warning of such developments by following the news media.
7.4 General information on protection against infections, vaccinations as, other prophylactic measures and advice on health risks can be obtained from the health authorities, doctors experienced in travel medicine, travel medicine information services or from the Federal German Centre for Health Education (¿Bundeszentrale für gesundheitliche Aufklärung¿).
7.5 In the case that from the aforesaid provisions or information difficulties arise for the client which prevent or affect a participation in the trip, the Client shall not be entitled to cancel the contract free of charge provided that Studiosus Incoming is able to render the applicable services and is not responsible for the aforesaid difficulties.
Studiosus Incoming strongly recommends all tour participants to take out comprehensive insurance cover for personal injury, medical expenses, cost of repatriation to home country, compensation for loss of luggage, and expenses arising from cancellation, postponement, or delay of the tour.
9. TERMINATION OF CONTRACT BY CLIENT OR STUDIOSUS INCOMING
9.1 In cases where good cause exists, Studiosus Incoming shall be entitled to terminate the travel contract pursuant to Section 314 of the German Civil Code (BGB). Good cause shall be deemed to exist if the tour group or member(s) thereof fails to fulfil official or other essential requirements for participation in the tour, if the behaviour of the tour group or member(s) thereof repeatedly disturbs, impairs or jeopardises completion of the tour programme, and fails to remedy this behaviour after due warning or has behaved in such a way that remedy is no longer possible. This also applies to cancellations by individual members of the tour group or of the complete tour in cases where no good cause exists.
9.2 Either party can give notice of termination of contract if performance of the programme is substantially hindered, jeopardized or impaired through force majeure, for example war, terror, epidemics, natural disasters, official action, which were not foreseeable at date of conclusion of contract.
Clients wishing to submit a complaint relating to a holiday or tour should first raise the matter with their local representative or directly with Studiosus Incoming. All claims for compensation must be submitted in writing within 30 days of completion date of tour services offered by Studiosus Incoming. Complaints received after that date will be rejected.
11. DATA PROTECTION
Studiosus Incoming will collect and record data of tour participants solely for the purposes of organising and performing the tour programme and subsequently for maintaining the supplier/customer relationship. Tour participants not wishing to receive further communications from us (Art. 28 (4) of the Federal German Data Protection Act (BDSG) are requested to serve notice to the address stated below. Studiosus Incoming also draws the attention of tour participants to their rights under Art. 34 and 35 of the BDSG.
12. PLACE OF PERFORMANCE/GOVERNING LAW
12.1 Places of performance and jurisdiction for all disputes between the Client and Studiosus Incoming arising from this contract shall be Munich.
12.2 The Client and Studiosus Incoming have agreed that the contract shall be governed by German law, except in cases where other law is mandatory.
Studiosus Reisen GmbH
Riesstrasse 25, 80992 Munich
Tel.: +49 89 500 600, Fax: +49 89 50060-100
Registration Chamber of Commerce: Munich B 40171
VAT-No: DE 129467972
General Manager: Peter-Mario-Kubsch