Tour Operator General Terms and Conditions
1. Conclusion of Agreement
With his registration, the Client bindingly offers the conclusion of a tour agreement to the Tour Operator. Registration may be undertaken in writing, verbally or by telephone.
Registration by the Client also operates on behalf of any other participants listed in the application whereby the Client agrees to be liable for the latter as well as for his own obligations provided he has assumed a corresponding separate obligation by explicit or separate declaration.
The Agreement enters into force with its acceptance by the Tour Operator. Acceptance may be informal.
On contract conclusion or promptly thereafter, the Tour Operator will issue a tour confirmation to the Client. Where the contents of the tour confirmation differ from the contents of the application, a new offer by the Tour Operator is created to which the Operator is committed for a term of 10 days. The Agreement is concluded on the basis of the new offer when the Client declares his acceptance to the Tour Operator within the term of commitment.
The contractually agreed services are defined in the tour descriptions in the catalogue, by the particulars given in the tour confirmation or in information quoted on our website www.garhammer.com.
Information quoted in the catalogue and on the Internet website is binding on the Tour Operator. The Tour Operator explicitly claims the right to make changes to printed information for material, objectively justifiable and not foreseeable reasons prior to contract conclusion which will be notified to the Client prior to booking.
3. Cancellation by Client, Alterations and Substitution
The Client may withdraw from the tour at any time prior to its commencement. The time of receipt of the cancellation notice by the Tour Operator is relevant. It is recommended that cancellations by the Client are declared in writing.
If the Client withdraws from the tour agreement or fails to commence the tour, the Tour Operator is entitled to claim compensation for travel preparations and expenses made. When computing the amount of compensation, savings of expenses and possible other uses of the tour services shall be taken into due consideration.
The Tour Operator is entitled to claim flat-rate compensation as a percentage of tour costs as per the following breakdown based on the proximity of the cancellation date to scheduled tour commencement:
– up to 30 days before start of tour
– from 29th to 22nd day before start of tour
– from 21st to 15th day before start of tour
– from 14th to 7th day before start of tour
– from the 6th day before start of tour
If at the request of the Customer, alterations are made after booking a tour within the validity term of the tour description with regard to tour date, destination, point of departure, accommodation or means of transport (rebooking), the Tour Operator is entitled to charge a rebooking fee per participant provided the following limit period is observed:
Up to 21 days before the start of the tour, the rebooking fee is € 30.
Up to the start of the tour, the Client may demand that a third party assumes his rights and obligations under the tour agreement. The Tour Operator may refuse the substitution by a third party if the latter is not up to the particular tour conditions or if participation by the latter is in breach of legal provisions or orders of authority. When a third party assumes the agreement in substitution, the Party and the Client shall be jointly liable to the Tour Operator for payments of the tour price and possible extra costs resulting from the substitution.
In the event of a cancellation, the Tour Operator may claim the reimbursement of extra costs actually incurred.
The Client is entitled to prove that no or a lesser damage has occurred. The onus of proof of lesser damage is on the Client.
4. Liability of Tour Operator
The Tour Operator is liable and under obligation to apply the due diligence of a registered merchant to ensure
1. diligent tour preparation;
2. the careful selection and supervision of service providers;
3. the accuracy of description of all tour services listed in the catalogues;
4. the proper supply of agreed tour services.
The Tour Operator is liable for any culpable blame of his agents entrusted with the supply of the services.
The Tour Operator is not liable for third-party services when attention is explicitly drawn to this fact in the tour description and tour confirmation. He is in particular not liable for the supply of possible means of transport (ski lifts, cable cars etc). A possible remuneration shall in such a case be based on the business terms of the respective operator which must be explicitly pointed out to the Client and are available on request.
5. Limitations of Liability
The liability of the Tour Operator for damage other than physical injury is limited to three times the tour cost, provided the damage to the Client is not the result of premeditation or gross negligence or when the Tour Operator is liable for damage to the Client solely on account of a fault of the respective service provider.
For compensation claims asserted against the Tour Operator out of unauthorized actions other than the result of premeditation of gross negligence, the Tour Operator shall be liable for damage to property up to €4,100; if the sum of three times the tour cost exceeds this amount, the compensation for damage shall be limited to three times the tour cost. These liability limitations apply to each participant and each tour separately.
The Tour Operator is not liable for default in connection with third-party services for which he acts merely as an intermediary and which are explicitly marked as such in the tour description.
6. Right to Exclusion
A Client may be excluded from the tour in the following cases:
– Non-observation of instructions by the Tour Operator or ski coach appointed by the latter, in particular instructions bearing on safety.
– When the Client is under the influence of alcohol or drugs.
In such a case, the tour cost will not be refunded either in whole or in part.
The statutory provisions of the (German) Civil Law Code apply.
8. Duty to Cooperate
In the case of default of performance, the Client is required to cooperate within the limits of the statutory provisions to avert or minimize possible damage.
The Client is in particular required to inform the local representative promptly of any claims. The latter shall provide a remedy whenever possible. If the Client culpably foregoes reporting a defect, no claim for a reduction will be entertained.
9. Exclusion of Claims and Period of Prescription
Claims originating in the non-contractual supply of services must be asserted by the Client vis-à-vis the Tour Operator within one month from the scheduled termination date of the tour. On expiry of this period, claims may be asserted by the Client only when he was prevented from observing the limit period without blame.
Contractual claims of the Client become time-barred after 6 months. The period of prescription enters into force on the scheduled termination date of tour. If the Client has asserted a claim, the period of prescription shall be suspended up to the date at which the Tour Operator has rejected the claim in writing.
Claims for compensation based on injury to life and limb, health or freedom of movement become time-barred irrespective of the date of their creation, knowledge or grossly negligent ignorance 30 years from the commission of the act, dereliction or other event underlying the claim.
10. Invalidity of Individual Provisions
The invalidity of individual provisions of the tour agreement shall not entail the invalidity of the tour agreement as a whole.
11. Legal Venue
The Client may take out proceedings against the Tour Operator only at the latter’s seat of business.
Proceedings of the Tour Operator against the Client may be taken out at the domicile of the Client unless proceedings are instituted against registered merchants or clients who have relocated their domicile or customary abode abroad following the conclusion of the tour agreement or whose domicile or customary abode at the time proceedings are instituted is not known. In such cases, the seat of the Tour Operator shall be relevant.