General Travel Conditions Yaguar Tours
The following General Terms of Travel (GTT) are the basis for the initiation and conclusion of one or more travel services (= travel contract) between Yaguar Tours and the customer (hereinafter referred to as traveller / co-traveller).
1. Conclusion of a contract for package holiday
1.1 General
1.1.1 The basis for the contract and the customer booking are the travel advertisement and any additional information communicated by Yaguar Tours to the customer before booking. Third-party information not issued by Yaguar Tours does not create a Yaguar Tours service obligation. Third parties (such as travel agents, booking agencies) are not authorised to make any statements on behalf of Yaguar Tours (such as travel contracts, travel contract amendments).
1.1.2 A deviation from the travel confirmation is to be understood as a new offer. Yaguar Tours will point out relevant changes in the travel confirmation. Yaguar Tours will remain bound by this offer for 7 days. The contract is concluded when Yaguar Tours has fulfilled its pre-contractual information obligations, the customer has been informed of the changes and the customer expressly accepts the new offer within the binding period or implicitly declares their acceptance by paying the deposit for the total travel price.
1.2 Contracts for individually arranged trips
1.2.1 The customer may approach Yaguar Tours with the desire to plan an individually arranged trip, informing them of the key data and their own ideas where applicable.
1.2.2 Yaguar Tours will create a travel proposal, taking the customer’s wishes into consideration, and send it to the customer. This is not an offer aimed at concluding a travel contract.
1.2.3 When the customer is satisfied with the planned journey and no further changes are required, the customer notifies Yaguar Tours that he wishes to book the trip according to the proposal. Yaguar Tours accepts this as the proposal to conclude a travel contract. The customer receives an acknowledgment of receipt of his booking.
1.2.4 If the customer requests changes, he will inform Yaguar Tours. Yaguar Tours will design a revised proposal and send it to the customer. The amended proposal does not constitute an offer to conclude a travel contract.
1.2.5 The contract is concluded upon receipt of the travel confirmation (= declaration of acceptance) by the customer.
1.3 Contracts for pre-planned travel
1.3.1 A pre-planned trip is a trip given by Yaguar Tours. It is not designed exclusively around the individual wishes of the customer. If a pre-planned trip is changed at the customer’s request, the conclusion of the contract is based on section 1.2 of the General Travel Conditions (GTC).
1.3.2 The customer informs Yaguar Tours of the journey he wishes to book. The customer promptly receives acknowledgment of his/her booking (= offer) by electronic means.
1.3.3 The travel contract is only concluded upon receipt of the travel confirmation by the customer on a durable data storage medium (= declaration of acceptance).
1.4 No right of withdrawal
Yaguar Tours points out to the customer that there is no right of revocation according to the legal regulations (§ 312 Abs. 7 BGB) in the case of package travel contracts concluded through distance selling pursuant to § 651a BGB and § 651c BGB. Only the statutory rights of withdrawal and termination apply. Pursuant to § 651a BGB package travel contracts are only subject to a right of withdrawal if the contracts were concluded outside a business premises, except when the oral proceedings on which the conclusion of the contract was based were themselves based on a previous order by the consumer.
2. Payment
2.1 Yaguar Tours is only entitled to demand and accept payment of the travel price before the end of the trip if there is an effective purchase money security agreement in place and the customer is clearly and understandably provided with the name and contact details of the purchase money insurer.
2.2 After the conclusion of the contract and upon handing over of the security certificate, a down payment of 20% of the total travel price shall be due for the simultaneous fulfilment of the obligation specified in clause 2.1.
2.3 The remaining balance of the travel price is due 30 days prior to departure. This only applies if the right of withdrawal of Yaguar Tours according to section 6.1 can no longer be exercised and the customer has received the security certificate.
2.4 Payment will be made by bank transfer to the account named by Yaguar Tours in the invoice.
2.5 If the customer does not make the due down payment and / or the due final payment despite a reminder with a deadline, this shall entitle Yaguar Tours to withdraw from the travel contract and to charge the customer with cancellation costs in accordance with Section 8 ARB. This shall only apply if Yaguar Tours is willing and able to fulfil the contract in a proper manner, has fulfilled its statutory information obligations and has no legal or contractual right of retention by the customer.
3. Other duties of the customer
3.1 The customer must inform Yaguar Tours if he/she does not receive the necessary travel documents within the deadline communicated by Yaguar Tours.
3.2 It is the customer’s responsibility to obtain the health certificates and identity papers that may be required for entry to the country in question. Information regarding the required documents will be provided by Yaguar Tours as per Section 15 below. If necessary, Yaguar Tours will assist in obtaining necessary documents.
3.3 The customer shall observe the travel dates. The customer shall behave in such a way that fellow passengers are not disturbed.
4. Unilateral changes in service by Yaguar Tours
4.1 After the conclusion of the contract and before departure, Yaguar Tours is entitled to deviate from the contractual travel services (e.g. departure times, means of transport, booked hotel), insofar as the deviations are insignificant and do not present a noticeable impairment of the whole. The changes must be essential and must not contravene regulations governing good faith by Yaguar Tours.
4.2 If the deviations in relation to the travel services owed are substantial or concern special requirements specified by the customer, the customer is entitled to
a) withdraw from the contract free of charge
or
b) to accept the amendment within a period set by Yaguar Tours. If no declaration is made by the customer within the specified period, the change is deemed to have been accepted by the customer.
4.3 If Yaguar Tours offers the customer a replacement trip, the customer must explicitly agree by the deadline set. In this case, a new travel contract is considered to have been concluded.
4.4 The customer shall be informed by Yaguar Tours of any changes in service, without undue delay upon Yaguar Tours becoming aware of this necessity, stating the reasons for the change, on a durable data storage medium in a clear and understandable manner.
4.5 If a modified journey of equivalent quality results in lower costs for Yaguar Tours, the customer shall be reimbursed the difference according to § 651m BGB.
4.6 Any warranty claims of the customer remain unaffected by the changes in service.
5. Change of reservation
5.1 After conclusion of the contract, the customer has no claim to changes in travel services (travel date, destination, place of travel, accommodation, mode of transport), unless Yaguar Tours has provided inadequate or false pre-contractual information according to Art. 250 § 3 EGBGB and the change is made for this reason. In such a case the customer will incur no charge for the change in reservation.
5.2 A rebooking or change of reservation constitutes – insofar as this is possible and only incurs minor costs – a withdrawal from the travel contract and includes compensation thereby triggered in accordance with Section 8 with a simultaneous new application.
6. Withdrawal by Yaguar Tours
6.1 Failure to reach the minimum number of participants
6.1.1 Yaguar Tours is entitled to a right of withdrawal for pre-planned trips (Section 1.3), provided that the minimum number of participants specified in the travel advertisement and travel confirmation has not been reached.
6.1.2 The following terms apply for the declaration of withdrawal:
a) 20 days before departure for a journey of more than six days,
b) Seven days before the start of a journey of a minimum of two and a maximum of six days,
c) 48 hours prior to departure for a journey of less than two days.
6.1.3 Yaguar Tours makes use of the right of immediate withdrawal, as soon as it is foreseeable that the journey cannot be carried out due to the minimum number of participants not being reached.
6.2 Special circumstances
Yaguar Tours has the right to withdraw as far as Yaguar Tours is prevented from fulfilling the contract due to unavoidable, exceptional circumstances. The withdrawal will be declared without delay as soon as a reason for withdrawal becomes known to us.
6.3 Withdrawal consequences
If Yaguar Tours withdraws from the travel contract, it has no further claim to the agreed travel price. The customer will be refunded payments already made without delay and at latest within 14 days after receipt of the notice of withdrawal.
7. Termination for behavioural reasons
7.1 Yaguar Tours is entitled to terminate the travel contract if, in spite of Yaguar Tours’ obligation under clause 4.3 and despite being warned by Yaguar Tours, the customer persistently disrupts tours or behaves in breach of contract to a degree that justifies the immediate cancellation of the contract. Termination is excluded if a breach of duty by Yaguar Tours is the cause of the breach of contract by the customer.
7.2 If Yaguar Tours cancel travel arrangements for the aforementioned reason, Yaguar Tours may still claim the full travel price minus any saved expenses and benefits obtained, for example, as a result of the use of different travel services.
8. Withdrawal by the customer before departure, and non-commencement of the journey; compensation package (cancellation fees)
8.1 Before the start of the journey, the customer can withdraw from the travel contract at any time. The withdrawal must be explained to Yaguar Tours.
8.2 Due to the withdrawal of the customer or the non-commencement of the journey by the customer, Yaguar Tours loses its claim to payment of the travel price. Yaguar Tours may demand adequate compensation instead. This shall not apply if Yaguar Tours is responsible for the withdrawal or if unavoidable, extraordinary circumstances occur at the destination or in the immediate vicinity of the destination which significantly affect the execution of the journey or the transport of persons to the destination.
8.3 The following compensation packages apply. The lump sums take into account the period between the declaration of withdrawal and the start of the journey, the expected savings as well as any expected profits through the other use of the travel services. As a rule, the following lump sums apply to each person upon withdrawal:
a) standard compensation rates:
– up to 31 days before departure 20%
– from 30 days before departure 30%
– from 22 days before departure 40%
– from 15 days before departure 50%
– from 8 days before departure 75%
– from the day of departure or non-commencement 90%
of the travel price.
b) Compensation rates for cruises:
– up to 31 days before departure 20%
– from 30 days before departure 40%
– from 22 days before departure 50%
– from 15 days before departure 70%
– from 8 days before departure 80%
– from the day of departure or non-commencement 90%
of the travel price.
Any flat rates deviating from this in the travel advertisement shall have priority.
The customer has the opportunity to insure himself against the financial consequences of a withdrawal for specific reasons by taking out travel cancellation insurance.
8.4 In lieu of the above-mentioned compensation flat rates, Yaguar Tours reserves the right to demand higher, specifically quantifiable compensation, as far as it is proven that expenses exceeding the lump sum have been incurred.
8.5 The customer has the opportunity to prove that Yaguar Tours did not incur any loss or incurred losses below the compensation flat rate or the flat rate detailed under Section 5.4.
8.6 If the cancellation results in a reimbursement of the travel price, the reimbursement must be made immediately, and certainly no later than 14 days after receipt of the declaration of withdrawal. The refund will be made to the account from which payment of the travel price was made.
8.7 § 651 e BGB remains unaffected.
9. Non-use of services
9.1 If the customer does not use individual travel services for reasons attributable to the customer, Yaguar Tours reserves the right to claim the full travel price, unless the reasons would not have entitled the customer under the statutory provisions to free withdrawal or termination of the contract.
9.2 Yaguar Tours will endeavour to reimburse expenses saved by the service providers, unless they are negligible services.
10. Limitation of liability
10.1 The liability of Yaguar Tours for damages that are not personal injury (injuries to life, limb or health) and are not culpably caused, is limited to three times the travel price.
10.2 Yaguar Tours shall not be liable for non-performance of a contractual obligation, personal injury and property damage in connection with third-party services for which Yaguar Tours only acted as mediator (e.g. excursions, sporting events, transport to and from the starting point and final destination), so long as such services are clearly marked as outsourced services in the travel advertisement and the confirmation of booking, stating the contracting party, so that the customer can clearly see that such services are not part of travel services provided by Yaguar Tours to the customer and have been selected separately.
10.3 The liability is not excluded if detriment to the customer is caused by a violation of information, clarification or organisational duties by Yaguar Tours.
11. Notification of defects and remedy
11.1 In the event of travel deficiencies, the customer may request a remedy. He is obliged to report any defects immediately to the representative of Yaguar Tours. As far as possible, the local representative will remedy the situation. If a local representative is not present and/or is not contractually required to act, complaints must be reported to Yaguar Tours at their registered office.
11.2 If Yaguar Tours is prevented from remedy by a culpable omission of any notification of defects by the customer, then the customer is not entitled to reduction claims (§ 651m BGB) and claims for damages (§ 651 n BGB) including reimbursement of expenses.
11.3 The right of remedy and withdrawal remain unaffected by a failure to report defects. The legal regulations apply.
12. Assertion of claims
Any claims according to Section 651 (i) Para. 3 No. 2, 4-7 BGB must be asserted by the customer against Yaguar Tours. A claim in written form is recommended.
13. Limitation period
Claims by the customer related to travel deficiencies may not be made later than two years from the date on which the package holiday was due to end. The general statutory limitation provisions apply.
14. Entry regulations and health regulations
14.1 Yaguar Tours will inform the customer about general visa and passport requirements as well as health formalities of the country of destination prior to the conclusion of the contract and, in case of changes, before departure.
14.2 The customer shall be responsible for ensuring they carry documents required by the authorities, that necessary vaccinations are carried out and that customs and foreign exchange regulations are adhered to. Disadvantages resulting from non-compliance will be charged to the customer, as far as Yaguar Tours has sufficiently and correctly informed the customer about the conditions.
15. Travel insurance
Yaguar Tours recommends, and can arrange, for the customer to take out travel insurance to avoid financial risks. In particular, it is recommended that the customer take out a travel cancellation / travel interruption insurance policy as well as an insurance policy to cover repatriation costs in case of accident or illness.
16. Alternative dispute resolution
The European Commission provides an online dispute resolution (OS) platform, available at http://ec.europa.eu/consumers/odr/. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online travel contracts. We are not willing or obliged to participate in dispute resolution procedures before a consumer arbitration board.
17. Choice of law and jurisdiction agreement
17.1 For customers who are not members of a member state of the European Union or Swiss citizens, the exclusive validity of German law is agreed for the entire legal and contractual relationship between the customer and Yaguar Tours. Such customers may bring action against Yaguar Tours only at its headquarters.
17.2 For actions by Yaguar Tours against customers or partners of a package travel contract that are merchants, legal entities under public or private law or persons who are domiciled or ordinarily resident abroad or whose domicile or habitual residence is unknown at the time of filing the claim, the place of jurisdiction is the location of Yaguar Tours’ headquarters.
18. Data protection
The personal data that the customer makes available to the tour operator will be processed and used electronically, as far as it is necessary for the establishment, implementation or termination of the travel contract and the care of the customer. Yaguar Tours complies with the provisions of the GDPR in the collection, processing and use of personal data. Yaguar Tours will provide the customer with a copy of the privacy policy.
19. Contractors
The customer’s contractual partner is:
Diego Gabriel Toctaquiza Yaguar
Yaguar Tours
Siebenbürgener Strasse 28
38226 Salzgitter
As of April 2019
Owner: Diego Toctaquiza Yaguar
