General Terms / travel conditions
Travel conditions regulate the legal relationship between the parties (customer and P.T.A. TOURS GmbH) and are based on a corresponding booking. The travel conditions which have been specified in the relevant travel offer hold alternative and additional priority.
1. Registration confirmation of travel
With your travel registration you offer the P.T.A. TOURS GmbH the conclusion of a binding travel contract. Through the registration/booking, which may be in writing, verbal, by telephone or by e-mail, the contract also becomes binding for P.T.A. TOURS GmbH. Through you the booking is made for all participants listed in the registration. You are responsible for their contractual obligations as you are for your own. With the conclusion of a contract or immediately afterwards P.T.A. TOURS GmbH delivers written confirmation of travel to the registering traveller.
2. Payment, sending of travel documents
2.1 P.T.A. TOURS GmbH is only allowed to accept payment instalments for the cost for travel before the completion of the trip on delivery of a guarantee certificate as per § 651 paragraph 3 of the German Civil Code (BGB). This also applies for deposits.
2.2 Upon receipt of the confirmation and invoice a deposit to the amount specified by the respective travel advertisement is due. The entire remainder of the price must be fully received by P.T.A. TOURS GmbH within 28 days prior to departure. With bank transfers the date of credit to our account is decisive.
3. Travel formalities, responsibility of the traveller
3.1 The traveller is responsible for compliance of the passport, visa, customs, currency and health regulations. Disadvantages arising from non-compliance of these requirements are at his expense, even if these regulations changed after booking. If travellers fail to comply with the entry regulations for individual countries or should the traveller not be granted a visa in time so that the traveller is, therefore, prevented from participating the journey, P.T.A. TOURS GmbH is entitled to charge the traveller the corresponding cancellation fees. Consular fees for the processing of visa applications are not included in the tour price. All information in this regard apply to German citizens.
4. Service and price changes
The nature and scope of the contractual services result from the program and service description (brochure), subsequently referred the information in the booking confirmation.
4.1 P.T.A. TOURS GmbH is allowed to conduct deviations or changes of individual travel services and prices of the contractually agreed content of the travel contract. P.T.A. TOURS GmbH reserves the right to alter the indicated prices which have been confirmed on booking in the case of an increase oftransportation costs or of fees for particular services such as port or airport charges or changes in exchange rates. The price change takes place in the extent to which the changes related to the respective journey per person affect the tour price. P.T.A. TOURS GmbH undertakes to inform the customer of changes in the tour price or a significant alteration to a substantial travel service immediately, but at the latest within 21 days prior to departure. However, price increases are only permitted if there is a period of more than four months between the conclusion of the contract and the start of the journey.
5. Cancellation by the client, cancellation fees
5.1 The customer may withdraw at any time prior to departure. If the customer withdraws from the trip or does not take the trip, he is obliged to to pay an adequate compensation to P.T.A. TOURS GmbH. The amount of compensation is calculated according to the agreed travel price; the expenses saved must be deducted. Please refer to the respective program offers regarding cancellation fees.
5.2 Travel insurance
We recommend taking out travel cancellation insurance along with a foreign travel health insurance from "European Travel Insurance". We would be pleased to send you information on all forms of travel insurance.
6. Withdrawal and cancellation by the tour operator
The tour operator may withdraw from the travel contract prior to the start of the trip or terminate the travel contract afterthe start of the trip in the following cases:
6.1 P.T.A .TOURS GmbH may cancel the contract without notice prior to departure and also during the journey with due cause. Tour operators or local representative of P.T.A.T OURS GmbH are authorised to issue notice of termination. Due cause may exist, in particular, if the contractual partner fails to comply with the requirements which were previously known or if the journey for the other participants is significantly disrupted or endangered through his behaviour and no change has been taken place although the participant had been warned. In the event of such termination, P.T.A. TOURS GmbH reserves the right to the tour price, less the value of the expenses saved through the unused travel services.
6.2 P.T.A. TOURS GmbH is entitled to withdraw from the contract if the customer has not paid the tour price no later than 28 days prior to departure, failing to comply with his obligations stipulated in section 2.2. In this case, the customer is obligated to pay P.T.A. TOURS GmbH a fee in accordance to the provisions in section 6.1 as compensation.
6.3 Minimum number of participants
A minimum number of participants is required to carry out group trips. This number is specified in the travel description. If this number is not reached, P.T.A. TOURS GmbH may withdraw from the contract prior to departure. Should this occur, P.T.A. TOURS GmbH informs the customer immediately. The deposit of the tour price will be refunded immediately by P.T.A. TOURS GmbH.
7. Force majeure
P.T.A. TOURS GmbH may withdraw from the contract in the event of unforeseen circumstances beyond its control if the journey would be considerably more difficult, endangered or negatively affected as a result.
8. Liability for travel deficiencies
8.1 The customer's rights concerning travel deficiencies are governed by the statutory provisions, unless otherwise agreed.
8.2 If the customer terminates the travel contract due to a defect and it appears in retrospect that the termination was unlawful, he is obliged to bear the additional costs incurred by the cancellation, in particular, for the necessary transport measures.
8.3 Obligation to cooperate
Should disruptions occur, the traveller is required to participate in avoiding or minimising any damage to the extent stipulated by law (§ 254 BGB). In this context he is, in particular obliged to inform the local tour manager or P.T.A. TOURS GmbH using the provided contact addresses about the risk of damage and to undertake everything necessary and reasonable to prevent the occurrence of damage or minimise its consequences. A breach of his obligation to minimise damages results in the traveller's loss of claims due to defects, to the extent of the violation being the (contributing) cause for the damage occurring.
P.T.A. TOURS GmbH is liable as per its due diligence obligations as a prudent businessman for the conscientious travel arrangements, the careful selection of intermediaries and the accuracy of the descriptions. A claim for damages against us is excluded as long as our arranged service provider is also excluded from any liability or granted with limited liability based on legal stipulations and regulations. Our liability is limited to twice the price, except for cases in which we may be accused of intentional or grossly negligent behaviour.
9.1 External services
P.T.A. TOURS GmbH is not liable for service disruptions, personal injury and property damage in connection with services which are merely arranged as external services. These are generally those services which the traveller directly books and pays from another organiser on site as well as those which are explicitly marked in the itinerary as external services and are recognisably not part of our travel services. However, the liability disclaimer does not apply in any cases to the central travel services as stipulated by the contract such as transportation to the various destinations and accommodation.
9.2 Exclusion of claims and limitation period
The traveller gives notice of contractual claims for defects of the travel service to the tour organiser within one month of the contractual end of the journey. After the deadline, the traveller can assert claims if he has been prevented from meeting the deadline through no fault of his own. Contractual claims made by the traveller for incorrect travel services (§ 651 c to 651 f BGB) are limited to one year. The period begins on the next business day following the day on which the journey should have ended according to the contract.
10. Information requirements for the identity of the operating air carrier
P.T.A. TOURS GmbH commits to provide information - according to the EU regulation on informing passengers of the identity of the airline - on the identity of the operating carrier of all air transportation services to be provided as part of the booked trip to the customers when booking. If the carrier has not yet been determined upon booking, P.T.A. TOURS GmbH is obliged to inform the customer about the airline or airlines which will probably operate the flight. If the operating airline, as announced to the customer, changes, P.T.A. TOURS GmbH must inform the customer about the change. The blacklist of airlines is available online.
11. Choice of law
The contractual relationship between the customer and P.T.A. TOURS GmbH is governed exclusively by German law. This also applies to the entire legal relationship.
12. Final clauses
The invalidity of any provisions of the contract does not invalidate the entire contract. Viersen is is the place of jurisdiction for all legal action from the traveller against P.T.A. TOURS GmbH.
Jurisdiction Viersen, all information: Version 12.08.2008
General Terms and Conditions Newsletter
for the use of a Newsletter of P.T.A. TOURS GmbH.
1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to the subscription of a newsletter of P.T.A. TOURS GmbH. P.T.A. TOURS GmbH offers the interested party the opportunity to register on various websites (including competition websites) by means of a subscription form provided there.
1.2 The terms and conditions are accepted by the subscriber with the sending of the registration.
1.3 The subscriber can access, print out, download or save these terms and conditions with the link 'AGB'.
1.4 Notifications to the P.T.A. TOURS GmbH will be sent to the following e-mail address: firstname.lastname@example.org.
2. Consent, activation of the newsletter
2.1 All persons who are at least 18 years of age at the time of their registration are authorized to register.
2.2 The registration process for P.T.A. TOURS GmbH is carried out via the so-called double-opt-in procedure: After sending the appropriate registration form, an automated e-mail is sent to the specified recipient address. In this e-mail, the recipient is prompted to confirm his newsletter subscription via the returning of this automated mail as an answer mail. Only with this confirmation is the entry in the distributor activated and the recipient will receive the desired newsletter in the future.
2.3 By registering for the newsletter and returning the reply mail, the subscriber grants the express consent for the periodical, unspecified transmission of the subscribed newsletter. The object of the newsletter is generally travel information, in particular information on travel / travel events and travel offers of the P.T.A. TOURS GmbH. Information on travel and travel offers, or necessary for exercise / participation or useful things and objects, e.g. Equipment may also be the object of the newsletters.
2.4 The subscriber can revoke his consent at any time by e-mail to email@example.com.
3. Data Protection, Right of Withdrawal
Insofar as the subscriber does not give any additional consent for the further processing and use of his data, including his personal data, made during the use of the newsletters, these are exclusively sent to the P.T.A. TOURS GmbH is electronically stored, processed and used in machine-readable form. P.T.A. TOURS GmbH shall store the data only for as long as it is necessary and permitted by law.
P.T.A. TOURS GmbH shall not be liable for incorrect information provided by subscribers and / or third parties, including the cooperation partners of P.T.A. TOURS GmbH, which are connected with the sending of information about the newsletter. In particular, P.T.A. TOURS GmbH does not guarantee, if e-mails or data input (eg in online participant forms of the newsletter) do not correspond to the technical requirements defined in these terms and conditions or the technical requirements set for the website and are therefore not accepted and / or accepted by the system.
5. Final clauses
5.1 Deviations from these terms and conditions require the written form to be effective. The same applies with regard to the waiver of the requirement for the written form.
5.2 If individual provisions of these General Terms and Conditions are or become unenforceable and / or unenforceable, the validity of the General Terms and Conditions shall remain unaffected.
5.3 Place of fulfillment and jurisdiction for legal persons and merchants is Viersen, as long as an agreement is permitted by law.
Version: March 15th, 2017