effective April 01, 2005

The company GERMAN TRAVEL NETWORK (hereinafter GTN) acts as an intermediary for individual transportation services (such as air travel), other travel services for individuals (such as hotel reservations, rental cars) and tours organized by third parties. It does business as an online service provider, primarily over the Internet.

Other terms stated in the promotional materials for a given travel package, as well as the specific terms governing such travel, take precedence.

1. Signing the travel contract

By registering, a client makes a binding offer to GTN to enter into a travel contract. This registration must be submitted in written form, via mail, fax or online services. The registration submitted by the registrant likewise extends to all other participants listed in the registration, and the registrant bears the same responsibility for their contractual obligations as for his or her own obligations, unless the registrant has undertaken a separate obligation in this regard by an express separate declaration. Any incidental agreements reached orally must be confirmed in writing; otherwise they are not legally binding.

The contract takes effect upon acceptance by GTN. Upon or immediately after the contract is entered into, GTN will issue a travel confirmation to the client. The registrant is bound to honor a submitted registration application until it is accepted by GTN, but for no more than 14 days after the submission date.

If the contents of our confirmation differ from the contents of the registration, the confirmation constitutes a new offer, which we are bound to honor for a period of 10 days. The contract will be established on the basis of this new offer. In such cases, GTN will point out clearly that the terms differ from those of the original registration.

2. Payment

a) At the time the contract is entered into, please remit 15% of the travel price for each person registered. Unless the specific instructions for the travel package indicate otherwise, the remainder of the travel price is due and payable, without further requests or reminders from GTN, no later than 21 days before travel begins. Charges for withdrawal or for changes of reservations are payable immediately.

b) A “guarantee certificate” in compliance with Sec. 651k (3) of the German Civil Code will be issued along with the travel confirmation. (This certificate, required by law, ensures protection for travelers in the event of a travel organizer’s insolvency.)

c) The trip materials will be sent or handed out to the client after payment is received. As a rule, they will not be issued earlier than 2 weeks before travel begins.
 
 

3. Contracted services

The contracted services are as indicated in the description of services in the GTN offer, and in the information referring thereto in the travel confirmation.

It is GTN’s contractual duty to arrange properly for booked transportation services or booked individual travel services. Performing the booked services as such is not among its duties.
 
 

4. Price changes

If the agreement is entered into more than 4 months before the agreed travel date, GTN reserves the right to change prices that have been publicized and confirmed with the booking, in the event that carrier tariffs or the charges for certain services (such as harbor or airport fees) are increased, or if the exchange rates in effect for the travel in question are altered. 
The change will be in the amount by which these increases affect the travel price per person or per seat, as the case may be. In the event of a change in the travel price after the booking is made, GTN must notify the client without delay, and in no case later than 14 days before travel begins. No price increases are permitted after that point. If the price increase is more than 5%, the traveler is entitled to withdraw from the travel contract free of charge, or to request transfer to a trip of at least equal value, if GTN is in a position to offer such a trip from its catalog at no additional charge to the traveler.
The traveler must notify GTN in writing without delay, after notification of the price increase is issued, that he or she is exercising
these rights.
 
 

5. Withdrawal by client, substitution

5.1. Withdrawal

The client may withdraw from the trip at any time before travel begins, provided GTN as the travel intermediary or travel organizer does not incur cancellation fees. This option is subject to GTN’s timely receipt of the written notification of withdrawal. GTN will bill the client in full for cancellation fees charged by third parties (such as airlines, hotels, agencies in destination areas), plus a processing fee of EUR 50.00 per cancellation.

If the traveler does not begin a trip and has not given prior written notice of cancellation, the travel price is due and payable in full. The travel price does not include travel insurance to cover withdrawal charges. We recommend that travelers take out such insurance coverage.

Before travel begins, the traveler may ask to transfer his or her rights and duties under the travel contract to another person.
GTN may refuse to admit such a person as a substitute if this person does not meet the special requirements for the trip or his or her participation would be contrary to terms of law or government orders. If the other person is substituted in the agreement, that person and the originally registered traveler shall be jointly and severally liable to GTN for the travel price and the additional expenditures occasioned by the substitution of the third person, amounting to not less than EUR 50.00.

 

6. Withdrawal and cancellation by GTN

GTN may withdraw from the travel contract before travel begins, or cancel the travel contract after travel has begun, in the following cases.

a) Immediately, without notice:

If the traveler persists in interfering with the conduct of the trip, despite being warned by GTN or one of its service providers, or if the traveler behaves in violation of the contract to such a degree that immediate suspension of the contract is justified. If GTN cancels in such cases, it is still entitled to be paid the travel price. However, GTN must credit the client for the value of any expenses saved and for any advantages that result from other use of the services not utilized by the original client;

b) With at least 2 weeks’ notice before departure:

If a publicized or officially imposed minimum number of participants is not attained, provided the promotional materials for the travel in question have given indication of a minimum number of participants. In any case, GTN must notify clients without delay once the condition requiring cancellation of the trip has arisen, and immediately send them notification of withdrawal. All paid portions of the travel price will be refunded to the client without delay.

7. Suspension of contract due to extraordinary circumstances

If the trip is impeded, endangered or adversely affected to a substantial extent by occurrences of force majeure that were not foreseeable at the time the contract was entered into, both GTN and the traveler may cancel the contract.

8. Liability / Guarantee

GTN as the travel intermediary assumes no responsibility for liability or guarantee claims to which clients may be entitled under their relationship with the travel organizer. This provision shall have no effect on the travel organizer’s contractual liability.

In this connection, clients are advised in their own interest to take out travel accident and baggage insurance.

9. Passport, visa and health regulations

GTN assumes responsibility for informing clients, including non-German nationals, about passport, visa and health regulations, and about any changes therein, before travel begins, provided that the client has informed GTN of his or her nationality at the time the contract was entered into. GTN is not liable for the timely granting and delivery of any necessary visas on the part of diplomatic missions or offices, even if the traveler has engaged GTN to obtain these, unless GTN is to blame for the delay. The traveler himself or herself is responsible for complying with all regulations that are of significance for the trip. Any disadvantages, particularly the payment of withdrawal charges, that result from failure to comply with these regulations shall be at the traveler’s expense, unless they are due to culpable misinformation or failure to provide information on the part of GTN. GTN will not be liable for charges that result from the client’s failure to indicate that he or she is not of German nationality.

10. Invalidity of individual provisions

The invalidity of any individual provision of the travel contract shall not invalidate the travel contract as a whole.

11. Jurisdiction

The traveler may bring action against GTN only at its principal place of business. Action by GTN against the traveler must be brought at the traveler’s place of legal residence, unless the action is directed against registered businesspeople or persons who have transferred their legal residence or customary place of abode abroad after entering into the contract, or whose legal residence or customary place of abode is unknown at the time when action is brought. In such cases the travel intermediary’s principal place of business shall be the jurisdiction.

Price information

The following price information refers to the special offers and round trips for which GTN acts as intermediary. It does not cover flat-rate offers from third parties for which GTN acts as the intermediary.
   

In general, an offered price includes the following:
  

Accommodations as described
All transfers during the trip
Domestic flights in economy class
American breakfast (some hotels offer only a continental breakfast)
German-language travel support, otherwise English or other languages on request
Pickup at hotel or airport
Support from the European management of our agency on location

Unless otherwise indicated, prices do not include the following::
 

Visa fees
Additional transfers
Additional hotel stays
Airport taxes and security fees
Personal expenses
 

The following notice is intended as a supplementary explanation. GTN is not legally bound by these terms when it does not
act as the travel organizer.
 
 

Alterations or deviations in individual travel services from the agreed contents of the travel contract, if these become necessary after the agreement is entered into and are made in good faith by the travel organizer, are permitted only if such alterations or deviations are not substantive and do not adversely affect the overall outlines of the booked trip. This shall for the most part have no effect on any guarantee claims that exist in the event that the altered services prove defective. As a rule, travel organizers are obligated to inform clients without delay as to alterations or deviations in services.
Where applicable, GTN will offer clients a change of reservation, or the option of withdrawing at no charge.
 

If the agreement is entered into more than 4 months before an agreed travel date, travel organizers reserve the right to change prices that have been publicized and confirmed with the booking, in the event that carrier tariffs or the charges for certain services (such as harbor or airport fees) are increased, or if the exchange rates in effect for the trip in question are altered. The change will be in the amount by which these increases affect the travel price per person or per seat, as the case may be. The travel organizer must notify the traveler without delay in the event of a change in the travel price or in a substantive travel service after the booking is made.
 

German Travel Network, Bahnhofstr. 22, 91126 Schwabach, Germany, Tel. ++49 - 9122 - 634 525, Fax ++49 - 9122 - 634 526