To ensure the travel services you book are as enjoyable as possible, you need to be aware of exactly what services we perform, the extent to which we accept liability if anything goes wrong, and what you need to pay particular attention to. Therefore, please read our terms and conditions carefully as they are part of the contract between you, the customer, and us, Tourismusverein Leipziger Neuseenland e.V. (Leipzig New Lakeland Tourism Association).
1. Conclusion of the travel contract:
Advance reservations can be made personally, by telephone or in writing. By applying on the basis of our brochure or a quotation drawn up in accordance with your requirements, you make us a binding offer to conclude a travel contract with you. This travel contract shall come into effect upon confirmation in writing by Tourismusverein Leipziger Neuseenland e.V. Should the content of the confirmation differ from that of the original offer or quotation because for example we can no longer fulfil your booking request, this shall constitute a new offer which shall remain binding on us for a period of 10 days. The contract shall come into effect on the basis of this new offer if you declare your acceptance to us in writing within this time.
The cost of travel shall be due and payable following the receipt of your travel documents. A tour operator insurance certificate need not be issued if the trip does not exceed 24 hours, does not include accommodation, and the price is below €75.
3.1 Solely the descriptions of services in our own brochures and offers as well as the details contained in the confirmation of booking governing the scope of contractual services are binding on us. When determining the scope and adequacy of individual services, local standards and any special circumstances at the destination concerned must always be taken into account. We cannot accept any liability for the accuracy of hotel or resort brochures used by service providers to advertise themselves.
3.2 Supplementary oral agreements exceeding the scope of our contractual services shall not be valid unless confirmed by us in writing.
4. Changes to services
4.1 Any deviations in individual travel services from the content of the travel contract which become necessary following the conclusion of contract and which were not brought about by us in bad faith are permissible as long as such deviations are minor and do not impair the overall nature of the tour/excursion booked.
4.2 We undertake to inform the customer of such changes to services without delay whenever possible and the changes are not merely minor.
5. Customer cancellations, changes to bookings, alternative travellers
5.1 Cancellation by the customer: You may cancel at any time before commencing the tour or excursion. In your own interests and to avoid misunderstandings, are you are urgently advised to submit notice of cancellation in writing. Please note that we reserve the right to claim compensation for the travel arrangements already made and the work performed. Compensation amounts to 50% of the travel price for cancellation until 15 days before the start of travel, 85% for cancellation until 4 days before the start of travel, and 100% thereafter. The customer reserves the right to prove that the losses incurred by Tourismusverein Leipziger Neuseenland e.V. were lower than the compensation claimed. In the event of cancellation a month or more before the start of travel, you will not be charged.
5.2 Changes to bookings: Should you request changes to a booking already placed (e.g. different travel dates, destination, accommodation, etc), we shall demand reimbursement for the additional costs incurred as a result. A service charge of €10 without additional verification shall be charged for alterations to half-day and one-day trips requested until 14 days before commencing travel, and for alterations to tours lasting more than one day requested 30 days or more before commencing travel. Changes to bookings after these periods, if at all possible, can only be made by cancelling the original travel contract at the conditions specified in 5.1 and rebooking. However, this shall not apply if the costs of booking alterations are minor.
5.3 Alternative travellers: Until the start of travel, you may nominate someone else to travel in your place. You will be charged for any additional costs incurred in this respect. We reserve the right to reject the replacement of travellers if the person nominated does not meet the particular travel requirements or if this will result in the contravention of legal or official regulations.
6. Unclaimed services:
If a customer fails to claim individual travel services (e.g. due to injury during the tour), we reserve the right to retain the full tour price. Although we may issue credit notes at our discretion for unused services, the customer shall not be entitled to claim the return of all or part of the tour price. We recommend that you take out travel cancellation insurance.
7. Withdrawal and cancellation by the tour operator:
We may withdraw from the travel contract or cancel it following the start of travel in the following circumstances:
7.1 We are entitled to cancel travel contracts without notice if the traveller repeatedly disrupts the tour despite being warned by us or if the traveller breaches the terms of the contract such that the immediate cancellation of the contract is justified. The same shall apply if the participant is not physically up to a specific activity, having overestimated their abilities. In the event of cancellation by us, we reserve the right to retain the full tour price. However, you will be reimbursed any expenditure saved owing to unclaimed services.
7.2 Until 3 days before the start of travel, we shall be entitled to withdraw from the contract if the minimum number of participants stated by us in the tour description or officially required has not been reached.
8. Liability, limitation of liability, exclusion of liability:
8.1 We shall perform the contractually agreed travel services with due care and diligence. Unless legal provisions state otherwise, we shall only accept liability in cases of intent and gross negligence by ourselves or our agents.
8.2 Irrespective of its legal basis, our liability for loss or damage not involving personal injury shall be restricted to three times the tour price unless the loss or damage suffered by the traveller was caused through intent or gross negligence. The same shall apply if we are responsible for loss or damage incurred by the traveller merely by virtue of a service provider being at fault. Section 651(h), para. 2 BGB/German Civil Code shall also apply.
8.3 We cannot be held liable for any default in services that relates to external services by third parties for which we only acted as broker and which were clearly identified as external services within our travel description.
9. Passport, visa, currency and health regulations:
Customers are personally responsible for complying with passport, visa, customs, currency and health regulations. Any detriment suffered owing to failure to comply with this rule shall be borne by the customer, even if such regulations were changed following booking.
10. Additionally applicable law
10.1 Unless agreed otherwise or conclusively above, this contract shall be governed by the provisions of the BGB/German Civil Code, especially Sections 651a–k.
10.2 If any provisions of this travel agreement are or become null and void, this shall not affect the validity of the travel contract as a whole. Instead, we shall be entitled to replace the invalid provision with a permissible one which comes closest to its intended purpose.
11. Court of jurisdiction:
The court of jurisdiction for any legal action taken by the traveller against the tour operator shall be Borna Local Court. In the event of legal action taken by the tour operator against the traveller, the court of jurisdiction shall be Borna Local Court for traders, individuals without general inland jurisdiction or who since the conclusion of the travel contract have relocated their domicile or normal place of residence abroad or whose domicile or normal place of residence is unknown at the time legal proceedings are instituted.