2.2
If the trip does not last longer than 24 hours, does not include overnight accommodation, and the travel price per customer does not exceed EUR 75, payments toward the travel price may be required even without handing over a security certificate.
2.3
If the customer fails to make the deposit and/or the final payment in accordance with the agreed payment deadlines, REISEfreudig shall be entitled—after issuing a reminder and setting a deadline—to withdraw from the travel contract and charge the customer cancellation fees in accordance with Sections 4.2 to 4.5.
3. Changes to Services
3.1
Changes to essential travel services from the agreed content of the travel contract that become necessary after conclusion of the contract and were not brought about by REISEfreudig in bad faith are permitted only insofar as the changes are not substantial and do not affect the overall nature of the trip.
3.2
Any warranty claims remain unaffected insofar as the modified services are defective.
3.3
REISEfreudig is obliged to inform the customer immediately upon becoming aware of the reason for any significant change in services.
3.4
In the event of a significant change to an essential travel service, the customer is entitled to withdraw from the travel contract free of charge or to demand participation in an at least equivalent trip, provided REISEfreudig is able to offer such a trip from its program at no additional cost to the customer.
The customer must assert these rights immediately after the tour operator’s declaration of the change to the travel service or cancellation of the trip.
4. Withdrawal by the Customer Before Departure / Cancellation Fees
4.1
The customer may withdraw from the trip at any time before departure. The withdrawal must be declared to REISEfreudig at the address provided. If the trip was booked through a travel agency, the withdrawal may also be declared to that agency. The customer is advised to declare the withdrawal in writing.
4.2
If the customer withdraws before the start of the trip or does not commence the trip, the tour operator loses the right to the travel price. Instead, unless the withdrawal is attributable to the tour operator or due to force majeure, the tour operator may demand reasonable compensation for the travel arrangements already made and expenses incurred, depending on the travel price.
4.3
REISEfreudig has standardized this compensation claim according to time, taking into account the proximity of the withdrawal to the contractually agreed start of the trip, expressed as a percentage of the travel price. Saved expenses and possible alternative use of travel services have been considered.
Compensation is calculated based on the date of receipt of the withdrawal declaration as follows:
Standard Fees:
Up to 31 days before departure: 20%
30 to 15 days before departure: 50%
14 to 8 days before departure: 70%
7 to 3 days before departure: 80%
On the day of departure or no-show: 90% of the travel price
The customer is always entitled to prove that REISEfreudig suffered no damage or significantly less damage than the lump-sum compensation claimed.
4.4
REISEfreudig reserves the right to demand higher, specific compensation instead of the above lump sums. In this case, the tour operator must specifically quantify and substantiate the compensation claimed, taking into account saved expenses and any alternative use of travel services.
5. Rebooking
5.1
After conclusion of the contract, the customer has no entitlement to changes regarding the travel date, destination, place of departure, accommodation, or means of transport (rebooking).
If a rebooking is nevertheless carried out at the customer’s request, a rebooking fee of EUR 15 per person will be charged.
5.2
Rebooking requests made after the applicable deadlines may—if feasible at all—only be processed by withdrawing from the travel contract in accordance with Sections 4.2 to 4.5 and simultaneous re-registration. This does not apply to rebooking requests that incur only minor costs.
6. Services Not Used
If the customer does not make use of individual travel services properly offered for reasons attributable to them (e.g., early return or other compelling reasons), they are not entitled to a proportional refund of the travel price.
REISEfreudig will endeavor to obtain reimbursement of saved expenses from service providers. This obligation does not apply if the services are insignificant or if statutory or official regulations prevent reimbursement.
7. Withdrawal Due to Failure to Reach Minimum Number of Participants
REISEfreudig may withdraw from the travel contract due to failure to reach the minimum number of participants only if:
a) the minimum number of participants and the latest date by which notice must be received by the traveler prior to the contractually agreed start of the trip are stated in the travel description, and
b) the booking confirmation clearly refers to this information.
Withdrawal must be declared to the customer no later than 14 days before the agreed start of the trip.
If it becomes apparent earlier that the minimum number of participants cannot be reached, REISEfreudig must exercise its right of withdrawal immediately.
If the trip is not carried out for this reason, all payments made toward the travel price will be refunded to the customer without delay.
8. Termination for Behavioral Reasons
REISEfreudig may terminate the travel contract without notice if the customer persistently disrupts the trip despite a warning or behaves in such a serious breach of contract that immediate termination is justified.
In this case, REISEfreudig retains the right to the travel price but must credit the value of saved expenses and any benefits obtained from alternative use of unused services, including amounts credited by service providers.
9. Customer Obligations
9.1 Notice of Defects
If the trip is not provided in accordance with the contract, the customer may request remedy. However, the customer is obliged to report any travel defects to REISEfreudig without delay.
Failure to do so culpably excludes any reduction in the travel price, unless notification was evidently futile or unreasonable.
Defects must be reported immediately to the tour guide at the holiday destination. If no tour guide is present, defects must be reported to the tour operator at its registered office.
The tour guide is authorized to provide remedy where possible but is not authorized to acknowledge claims.
9.2 Deadline Before Termination
If the customer intends to terminate the contract due to a defect pursuant to Sections 615c and 615e BGB or for compelling reasons due to unreasonableness, they must first grant REISEfreudig a reasonable period to remedy the defect, unless remedy is impossible, refused, or immediate termination is justified by a special interest recognizable to the tour operator.
9.3 Baggage Loss and Delay
In the event of baggage damage or delay on flights, customers are strongly advised to report this immediately on site using a Property Irregularity Report (P.I.R.) to the responsible airline. Airlines generally refuse compensation if no damage report has been completed.
Baggage loss must be reported within 7 days, baggage delay within 21 days after delivery. In addition, loss, damage, or misdirection of baggage must be reported to the tour guide or local representative.
9.4 Travel Documents
The customer must inform REISEfreudig if required travel documents (e.g., airline tickets, hotel vouchers) are not received within the specified time frame.
9.5 Duty to Mitigate Damages
The customer must prevent damage as far as possible and minimize any damage incurred. In particular, REISEfreudig must be informed of any risk of damage.
10. Limitation of Liability
10.1
REISEfreudig’s contractual liability for damages that are not bodily injuries is limited to three times the travel price if:
a) the damage was neither caused intentionally nor by gross negligence, or
b) the tour operator is solely responsible due to fault of a service provider.
10.2
The tour operator’s tort liability for property damage not caused intentionally or by gross negligence is limited to three times the travel price per customer and trip.
Claims relating to baggage under the Montreal Convention remain unaffected.
10.3
REISEfreudig is not liable for disruptions, personal injury, or property damage related to services merely arranged as third-party services (e.g., excursions, sporting events, theater visits, exhibitions, or transport to and from the advertised start and end locations), provided these services are clearly identified as third-party services in the travel description and booking confirmation.
However, REISEfreudig is liable:
a) for transportation to/from the advertised start and destination, intermediate transportation, and accommodation during the trip, and
b) if damage was caused by breach of advisory, informational, or organizational obligations.
11. Exclusion of Claims and Limitation Period
11.1
Claims due to non-contractual performance must be asserted within one month after the contractually scheduled end of the trip. Claims must be submitted exclusively to REISEfreudig at the specified address.
Late claims are only admissible if the customer was prevented from meeting the deadline through no fault of their own.
This does not apply to baggage damage, delay, or loss claims under Section 10.3, which must be reported within 7 days (loss) or 21 days (delay).
11.2
Claims under Sections 651c to 651f BGB become time-barred after one year. The limitation period begins on the date the trip should have ended according to the contract.
If negotiations are pending, the limitation period is suspended until one party refuses to continue negotiations, but expires no earlier than three months after suspension ends.
12. Information Obligations Regarding the Operating Airline
EU regulations require tour operators to inform passengers at the time of booking of the identity of the operating airline. If not known at booking, the likely airline must be named. Once known, the customer must be informed. Any change of airline must also be communicated promptly.
13. Passport, Visa, and Health Regulations
13.1
The tour operator will inform EU nationals of passport, visa, and health requirements before contract conclusion and of any changes prior to departure. For nationals of other countries, the relevant consulate provides information.
13.2
The customer is responsible for obtaining and carrying required travel documents, vaccinations, and compliance with customs and currency regulations. Any disadvantages resulting from non-compliance are borne by the customer unless caused by incorrect or missing information from the tour operator.
13.3
The tour operator is not liable for the timely issuance of visas by diplomatic authorities unless it has culpably breached its own obligations.
14. Choice of Law
The contractual relationship between the customer and the tour operator is governed exclusively by German law. This also applies to the entire legal relationship.
If foreign law applies to liability in lawsuits brought abroad, German law applies exclusively to legal consequences, particularly the type, scope, and amount of claims.
15. Place of Jurisdiction
15.1
The customer may sue REISEfreudig only at its registered office.
15.2
For claims brought by the tour operator, the customer’s place of residence applies. For claims against merchants, legal entities, or customers residing abroad or with unknown residence, the place of jurisdiction is the tour operator’s registered office.
15.3
These provisions do not apply if mandatory international agreements or mandatory EU member state provisions applicable to the customer provide more favorable terms.
Company Information
REISEfreudig – Your Travel Agency
Sole Proprietorship
Owner: Mostafa Abd Alla
Tattersallstr. 12
D-68165 Mannheim
Germany
Phone: +49 (0) 621 / 18068201-0
Fax: +49 (0) 621 / 18068201-9
Mobile: +49 (0) 176 725 422 30
Email: info@reise-freudig.de
Website: www.reise-freudig.de
Last updated: 30 May 2020