General Terms and Conditions for Travel with New Perspectives Travel
- Booking/Conclusion of the travel contract
1.1. By making the booking, the customer bindingly agrees to enter into a travel contract with the tour operator New Perspectives Travel (Elers & Elers GbR) (hereinafter the “Operator”).
1.2. The booking can be made in writing, by fax or in electronic form (e-mail, internet) by sending the booking form duly completed and signed by the booking customer.
1.3. A travel contract is generally concluded upon acceptance by the Operator. The acceptance does not need to be in any special form. Upon or immediately after conclusion of the contract, the Operator will send the customer a written booking confirmation by e-mail (and in the post upon request) with the Certificate of Insurance.
1.4. If the content of the booking confirmation is different from the content of the original booking request, the Operator will issue a new offer which is binding for the Operator for a period of 10 days.
2.1. Payments of the travel price before the end of the trip may only be made against delivery of the Certificate of Insurance within the meaning of Section 651 r BGB (German Civil Code). A travel deposit of 20% (maximum EUR 500 per person) is due upon receipt of the travel confirmation and the Certificate of Insurance, which must be paid within 10 days of the date printed on the invoice.
2.2. If the Certificate of Insurance has been provided, the remaining payment on the travel price is due and payable no later than four weeks prior to departure. In the case of an advertised trip with a minimum number of participants, the final payment will only become due 19 days before the start of the journey if it is clear that the trip will take place and can no longer be cancelled due to failure to meet the minimum number of participants. The final payment must be received by the Operator with no payment reminders. The payment must be credited to the Operator’s account by the due date.
2.3. In the case of bookings made less than four weeks prior to departure, the total travel price is due for payment to the Operator immediately after receipt of the Certificate of Insurance.
2.4. If the customer does not pay the deposit and/or settle the remaining balance in accordance with the agreed payment terms, the Operator is entitled to withdraw from the travel contract and charge cancellation fees to the customer following a reminder with a payment deadline set by the Operator.
- Tour Arrangements and Services
3.1. New Perspectives Travel is responsible for the provision of the agreed travel arrangements and services. The contractually agreed arrangements and services are specified in the tour description in the booking confirmation and/or on the Operator’s internet portal.
3.2. The Operator expressly reserves the right to announce changes to the details of the service for objectively justified, substantial and unforeseeable reasons (including force majeure) prior to conclusion of the contract, whereby the customer will be informed about any such changes prior to the conclusion of the contract.
3.4. The aim of the offered travel is to get to know and understand the political, economic and social situation in the country in question. As also described on the Operator’s website, changes may occur during the period between the marketing of the trip and departure date due to the nature of these types of trip. Our trips are unconventional and our travel programme will inevitably change or adapt to the local conditions at the time of travel and the availability of official representatives, e.g. politicians, analysts, speakers and other individuals, to whom we are unable to guarantee access, in addition to other factors beyond our control. The Operator’s tours are therefore dynamic and we aim to provide the customer with up-to-date information and make use of new opportunities. This flexibility is an integral part of our trips.
The Operator expressly reserves the right to make insignificant changes or variations to the tours or individual travel arrangements and services agreed in the original travel contract, even after conclusion of the contract, if such changes become necessary and are not contrary to good faith on the part of the Operator and if these changes are justified in light of the nature of the trips offered by the Operator.
3.4. The Operator reserves the right to subsequently increase the agreed travel price up to 20 days before departure only in cases where the price for the transportation of individuals has in fact unforeseeably increased at a later date due to higher costs for fuel or other energy sources, tax or other duties for agrees travel services, such as tourist taxes, port or airport charges or changes to the exchange rates applicable to the package holiday concerned. The customer can demand a reduction of the travel price if these costs are reduced.
The calculation is performed as follows:
a. Transport costs increase as a result of a rise in the cost per seat, in proportion to the amount which each seat increases in price, otherwise the total amount of the increase for additional costs associated with the relevant means of transport, divided by the number of seats. This proportional amount will then be charged to the individual customers.
b. Duties such as port or airport and tourist taxes are calculated according to the actual increase relevant to the respective customer.
c. If the exchange rates change after conclusion of the travel contract, the travel price may increase by the amount which the purchase of travel services has become more expensive for the Operator.
3.5. In the case of a price increase of more than 8% of the travel price or a substantial amendment to the contract, the customer may accept the change or withdraw from the contract free of charge
3.6. The travel offered by the Operator does not include transport to and from the place of departure. The customer is therefore responsible for arriving punctually at the departure point (see Point 6.2.).
3.7. If the customer is in any difficulty, the tour operator must give him or her immediate assistance in an appropriate manner, in particular by:
a. Providing appropriate information about health services, local authorities and consular assistance,
b. Helping to establish remote communication links and
c. Assisting with the arrangement of other travel options.
- Withdrawal by the customer, cancellation, rebooking, replacement travellers
4.1. The customer may withdraw from the travel contract at any time by notifying the Operator. The notification of withdrawal must be received by the Operator to become effective. We recommend that the customer declares their withdrawal in writing.
4.2. In the event of withdrawal by the customer, the Operator is entitled to claim reasonable compensation if the withdrawal is not the fault of the Operator or if there are unavoidable exceptional circumstances that significantly affect the feasibility of the package holiday or the transportation of travellers to the destination. The compensation amount is calculated on the basis of the travel price, deducting the value of the expenses generally saved by the Operator in addition to the amount which the Operator can generate by taking the generally available opportunities to use the travel services in another way. The lump sum is calculated on the basis of the total travel price for the customer concerned and the time of receipt of the notification of withdrawal by the Operator.
4.3. The following rates apply:
The following fees apply per person in the event of cancellation:
- Up to 90 days before departure: 20% or deposit (if more than 20%)
- 89-30 days before departure: 40%
- 29-11 days before departure: 60%
- 10-2 days before departure: 90%
- 1 day before departure or no-show: 90%
4.4. The customer is entitled to prove to the Operator that they have in fact incurred no costs or lower costs than the asserted cost flat rate. In this case, the customer is only required to pay the actual costs incurred.
4.5. If the customer is unable to travel, he or she can provide a replacement person up to 7 days before departure who will accept the rights and obligations of the travel contract in his or her place. The Operator reserves the right to reject this person if they does not meet the contractual requirements for the trip. The replacement person entering the contract and the original customer are liable towards the Operator for the travel price and as joint and several debtors for all additional costs arising from the entry of the replacement person. A rebooking fee of EUR 30.00 per replacement person is charged to book a replacement person.
- Customer’s insurance
5.1. The tour operator recommends that the traveller arrange return trip cost insurance to cover the cost of the return trip. It also recommends health, travel curtailment and luggage insurance forthe trip. The corresponding insurance can be arranged, for instance, with HanseMerkur Versicherungsgruppe, Siegfried-Wedells-Platz 1, 20354 Hamburg, Tel.: 040 – 4119 – 0, E-mail: firstname.lastname@example.org or on HanseMerkur’s website at https://www.hansemerkur.de/reiseversicherungen.
5.2. The customer must have valid foreign travel insurance to cover expenses in the event of illness or accident. Please ensure that the travel insurance covers travel destinations with travel alerts issued, for instance, by the Foreign Office.
- Reimbursement of unused services/arrival/delays
6.1. If the customer does not use individual travel services as a result of an early return trip or for other compelling reasons, the Operator will endeavour to reimburse the saved expenses. This obligation does not apply if the service is insignificant or if a refund conflicts with legal or official regulations.
6.2. If the customer has arranged their own arrival and departure, they must ensure that his or her travel connections allow sufficient time to arrive at the starting point of the journey in a timely manner.
- Withdrawal and termination by the tour operator
In the following cases, the Operator may withdraw from the travel contract prior to departure or terminate the travel contract after commencement of the journey:
7.1. Extraordinary termination:
a. If the customer continuously disrupts the journey despite receiving a warning from the Operator or if he or she behaves contrary to contract to such an extent that the immediate termination of the contract is justified. This also applies if the customer expresses any political opinions to third parties in a manner which can be regarded as disrespectful, causes dangerous situations to occur or destroys third-party property. The local authorised representatives of the Operator are entitled to exercise the rights of the Operator in such cases.
b. If, during the trip, the customer participates in local political activities taking place at the travel destination in question or are associated with the political, economic and social issues addressed during the trip.
The local authorised representatives of the Operator are entitled to exercise the rights of the Operator in such cases.
The Operator may retain the travel price. However, the Operator must offset the value of the saved expenses resulting from any alternative use of the unclaimed services, including the amounts credited to the Operator by service providers.
7.2. Failure to reach the minimum number of participants
In the event of failure to reach the advertised minimum number of participants, the Operator is entitled to withdraw from the travel contract if the specified minimum number of travellers is not reached. The withdrawal must be declared to the customer no later than 20 days before departure.
In the case of withdrawal, the customer will receive a full refund.
- Termination of the contract due to exceptional circumstances
If the journey is significantly impaired due to unavoidable and exceptional circumstances at the destination, both the Operator and the customer are entitled to terminate the travel contract. If the contract is terminated, the Operator is entitled to charge the agreed payment for the travel services already provided.
- Obligations of and termination by the customer, warranty, exclusion of claims, statute of limitations
9.1. Any problems or faults are always to be reported immediately to the local tour guide or using the address/telephone number below. If the trip is not provided in accordance with contract, the customer can request remedial action. The Operator can refuse the remedial action if it is impossible or disproportionately expensive. The Operator can also remedy the situation in such a way that they provide an equivalent or higher-value replacement.
9.2. Termination due to a problem or fault is only permissible if the defect is significant and the customer has unsuccessfully set a reasonable deadline for remedial action. The deadline is to be set for the Operator in accordance with the data provided below
- Liability of the Operator and limitation of liability
10.1. The contractual liability of the Operator for damages, excluding physical damage, is limited to three times the travel price per trip and customer, apart from in the case of bodily injury and only if the damage was not culpably caused.
The Travel Operator is liable:
a.) for services which involve the transportation of the customer from the specified departure point of the trip to the specified destination, intermediate transportation during the trip and accommodation during the trip,
b.) if and to the extent that damages incurred by the customer are the result of a breach of information, clarification or organisational obligations of the Travel Operator.
10.2. The aforementioned limitations of liability for the Operator are limited or excluded to the extent that, pursuant to international conventions or statutory provisions applicable to the services to be provided by the service provider, a claim for damages can only be asserted against the service provider under certain conditions or restrictions or are excluded under certain conditions, whereby the Operator may refer the customer to these provisions.
- Passport, visa and health regulations
The Travel Operator is not liable for the timely issuance of and access to the required visas by the respective diplomatic representatives if the customer has instructed the Travel Operator to obtain such visas, unless the Travel Operator has culpably failed to fulfil their own obligations.
- Data protection
12.1. The customer is aware and agrees that the personal data necessary for the execution of the contractual relationship will be stored by the Operator on data carriers and, if necessary, passed on to affiliated companies, relevant government authorities, institutions and partners during the order processing. The customer expressly agrees to the collection, processing and use of his or her personal data.
12.2. The stored personal data will of course be treated confidentially by the customer.
12.3. The collection, processing and use of personal data takes place in compliance with the GDPR.
12.4. The customer is entitled to withdraw his or her consent at any time with future effect. In such a case, the Operator is obliged to immediately delete the personal data of the buyer. If a user relationship is currently ongoing, the deletion will take place at the end of the contract.
- Applicable law, partial ineffectiveness, place of jurisdiction
13.1. German law is solely applicable to the travel contract. If the provisions of the contract are available in another language, the version in German will apply in cases of doubt.
13.2. The customer is only entitled to bring an action against the Operator at their registered office.
13.3. In the case of legal action by the Operator against the customer, the residential address of the customer shall be the place of jurisdiction. In the case of legal action against customers or contractual partners of the Travel Operator who are merchants, corporate bodies under public or private law or individuals whose domicile or habitual place of residence is abroad, or
13.4. Whose domicile or habitual place of residence is not known when the action is filed, the registered headquarters of the Travel Operator is hereby agreed as the place of jurisdiction.
14.1. All information in brochures, the internet portal and/or other promotional materials of the Operator have been created according to the best of our knowledge and belief at the time of preparation and publication.
14.2. The ineffectiveness of individual provisions of the travel contract shall not result in the ineffectiveness of the entire travel contract. The same applies to these Terms and Conditions of Travel.
14.3. In the case of disputes, a hearing may be held before an arbitral tribunal instead of court proceedings. Settlement via the EU’s online dispute settlement platform is also possible.(https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=DE)
Version: September 2018
New Perspectives Travel
Agathe Elers and Ben Elers GbR
Potsdamer Strasse 182
Tel: +49 (0) 30 40792791
IBAN: DE50 1007 0124 0219 0601 00