General terms and conditions
General terms and conditions of HPLUS group trips to Mass GmbH, Vor dem Wald 2, D-65207 Wiesbaden
The HPLUS Group trips to Mass GmbH is an organization which carries out group travels.
The managing director is Jürgen Fleischmann.
I. The realizing of the contract
The offers and services of the HPlus group travel to Mass GmbH are following in the base of these general terms and conditions. These are the parts of all kinds of contracts, which we close. The different regulations from the regulations of these general terms and conditions, which we agree together with you individually, have priority.
The presentation of the travel expiry, of the hotels and of the supplementary services in the prospectus and on the website www.hplus-reisen.de is not a legal offer in conformity with the § 145 BGB, because of the limited capacities of the hotels and our local providers for travels, we can’t give a guarantee, that the wished services are all the reachable time.
In case of requests on the base of prospects or through the internet enters the legally offer, if you wish to reach a request formulary for us pro post, fax or e-mail or do you want to inform us on telephone your wishes about a travel. On this declaration of intent you stay bounded fourteen days after sending or verbal through messages. The contract will be concluded if we confirm the request in this time period. Significantly for the compiling of the deadline is the time, in which our acceptance enters by us pro post, fax, or e-mail.
The wished services all or partly aren’t available and we communicate to you an alternative, then is this communicating by our side a legal offer. We are keeping us to such offers closed fourteen days after the admission to yourself. The contract will begin if you take this offer within this time period. Significantly is the moment when your acceptance enters.
We present for you outside the services which are presented in the prospect or on the internet an offer tailored to your individual wishes, then we keep us to this offer fourteen days after the sending. The contract will begin in this fall, if you accept such an offer through post, fax or e-mail. Significantly is the moment when your acceptance enters.
II. Volume of work
(1) The volume of the contracted services results from the notification time of Your actual work description on our Homepage, in the prospects or in other bidding documents and from the data referring hereupon in our confirmation of registration. Agreement supplements (modifications, addenda, specific requirements) need our explicit confirmation.
(2) Specific requirements that go beyond the content of the work description on our Homepage, in our prospects or in other bidding documents, are simply non-binding customer wishes, unless they are explicitly acknowledged in our confirmation of registration as binding services.
(3) If we pointed out explicitly in the offer or confirmation of registration that there were no hotel options dealt with, we cannot guarantee a possible booking of the offered hotel. In such case we are authorized to give as option equivalent options, respectively to book them. If You are notified in the definitive travel documents of other hotels than in our not optional offer or in the confirmation of registration, then You are authorized within five days after the receival of such a notification through written notice, to withdraw from the contract, b ut You will have to specify the reasons why You don’t accept the alternatively offered hotels.
(4) In case of other tourist services, offered by us, such as extra trips, guided tours, tastings, attendee’s liabilities or visits to special restaurants and the likes, we are authorized according to contract conclusion for little modifications, such as change of development of the contract’s time or of the supplier, until it has no effects on the overall arrangement of the travel, concerns no circumstance, which would have obvious influence on the attendees, and the modified service of the originally booked service is at least of same value, or the modification is accepted by the attendee – client.
(1) The downpayment required in our confirmation of registration has to be transferred latest in four weeks before the arrival time. We will issue a separate invoice for the downpayment. The remaining amount will be invoiced after service provision by us. You will get travel info, respectively eventual tickets only after downpayment is in.
(2) Should you be in default with the downpayment or the payment of the remaining amount and the additional grace period elapsed, we are authorized to withdraw from the travel contract. We are in this situation authorized to claim indemnity. The calculation will be made according to the allowances of clause V.
(3) You are now authorized to count for own, undisputed or established and final requirements. A retention right is allowed to You only when it is based on the same
contractual relationship, for which our claim rises.
IV. Price changes
(1) As soon as the contract has been concluded more than four months before settled date of our service provision, and fuel price rises for flights or bus rides, price should within this period up to 21 days before the settled date of our service, harbor dues, airport charges or security charges concerning transport will be increased, or domesctic or foreign sales tax shall be increased, in the following ways:
(2) We are authorized to adapt the travel price according to the increase of one of the above presented factors. When increasing fuel price, our price will be raised accordingly, so that transport price rises in comparison to the price at the time when booking was made. Costs eventually recalculated by us after booking was made, such as kerosene surcharge, will be charged directly. This is also the case when fares and security charges, such as sales tax are increased. Here increases the price with the sum, with which these prices were raised or recalculated, in comparison with the situation of booking time.
(3) Conditions for changes are that the change of the travel price should be stated in writing immediately after notification of reason for charge. In case of a travel price rise with more than 5 % of the compensation package, You will have the right to withdraw from the contract. The regulations of clause V won’t be applied in this respect. You can ask to receive instead, as far as this is possible without additional charge, a at least equivalent or similar service from our offer.
(4) The notice of cancellation or the demand for an alternative service has to be sent to us immediately after receiving our notice about the price rise.
V. Cancellation before departure
(1) You have the possibility to make cancellation of the whole contract free of charge up to 30 days before the settled date of arrival.
(2) For groups of 20 members or more is allowed to cancel free of charge even after this period, that is for a maximum of 3 group members up to 2 weeks before the date of arrival, and for a group member up to a maximum of 48 hours before the respective date of arrival.
(3) In case of cancellation of group members of smaller groups or of withdrawals of a higher number of members than stated above, we are allowed to ask for the travel price. In such cases we shall calculate our savings due to cancellation, or what we earn through displacement of our service. Our payment is calculated with charging of the saved operating expenditures or with displacement:
up to 2 weeks before the respective departure date 50 %
up to 48 hours before the respective departure date 75 %
in case of late cancellations or nonattendace 100 % of the total travel price for each member. You are given the possibility to prove that we saved higher expenditure costs, made earnings by means of displacement of our service, or made malicious ommission in order to make an earning.
VI. Rights in case of lacks
(1) If our service has a lack You are first of all authorized to ask for remedial measure. We can refuse to give remedial measure in case it requires excessive costs.
(2) Our service has lacks if it doesn’t have the guaranteed quality or
has mistakes which annul or decrease its suitability according to its normal utility or to the utility assumed by the contract.
(3) In case we don’t provide a remedial measure within the deadline specified in the notice of defects, You will be allowed to provide a remedial measure by Yourself and claim compensation for the appropriate costs. You don’t need to set a deadline if we refused unjustly remedial measure or in case when immediate remedial measure is offered. Should this lack has a strong influence on the travel or the travelers, and You don’t accept our services due to this lack, for important, for us clearly noticeable ground, You are allowed to cancel the contract instead of or next to the own remediative measure.
(4) In case of a lack travel price will be reduced proportionally for the time of the lack, taking into consideration the value ot the lacking service and the value of a satisfactory service. A decrease won’t occur if You had neglected it to notify us about it.
(5) Apart from above presented rights, You are entitled to claim for damages.
(1) As appropriate for our contractual guarantee, is our liability for damages, that aren’t physical injuries, limited to threefold travel price
a) if the damage happened, neither deliberately nor because grossly negligent, or
b) when one is solely responsible for an occurred damage due to a negligence of a service provider.
(2) If there are international agreements or legal provisions concerning them for some of the services provided by us, according to which claim for damages can be asserted only under specific requirements or restrictions, we will plead against You with this agreement and the legal provisions concerning it.
(3) Due to other legal basics, specifically delicts, we give guarantee in case of life injury, assault or health impairment only if the damage concerns simple negligence, gross negligence or willful intent.
(4) For all other damages we give guarantee only if they concern gross negligence or willful intent.
VIII. Notice of defects
(1) Notice of defects have only legal impact on us in case they are told us by Yourself
or by a person authorized by You. Notice of defects are to be addressed to our management or substitute for those colleagues of our house with whom You made the contract negotiations. A group attendance applied by us
is not authorized to accept notice of defects from You or from other travellers.
2) Notice of defects should be presented in writing. In the notice of defects the objected complaint is so exactly to be described that we have the possibility of remedial measures. We have to notice the service provider (of the hotel, restaurant, etc.) about the deficiency and be able to require focused the compliance with the contract at the same time (e.g. for hotels: room number and type of claim). The notice of defects has to be made while we have the possibility for remedial measures.
(3) The receipt of the notice of defects on the part of the travellers belongs to Your contractual responsibility. We take in this regard neither responsibility nor guarantee over.
IX. Cutoff period
(1) Claims for replacement of charges for individual remedial measures, compensation rights, requirements originating from the legal reversal relation after resignation and claims for damages are excluded if You don’t claim them from us within a month
after finalization of the travel according to contract data. This is not valid in case when it was not Your fault and You were prevented from adherence to a time limit.
(2) The requirements presented in paragraph 1 will become invalid in two years. The limitation period begins with the day when the travel should end, according to the contract.
The procurement of the necessary visa for the entry into the target country or of the eventually requested residence, permit for the stay in the target country, underlies Your responsibility. Should we give information about this, then there are indications of the respective embassies. We cannot check them for correctness. We can insofar not guarantee for the correctness and completeness of these specifications.
XI. Court of jurisdiction
The court of jurisdiction for conflicts arising from the present contract is to be found in Wiesbaden for businessmen, corporate bodies of public law, or legal separate estates, and for those who have no place of general jurisdiction in the region of the Federal Republic of Germany.
XII. Final clauses
(1) In case of ineffective contractual clause or unintended omission, this will not affect the contract’s effectiveness. The parties will replace the ineffective arrangement by an identical effective one, which is the most appropriate to the
financial result of the original settlement. A settlement deficiency will be corrected by an arrangement, which would have been made if You had considered the arrangement feedback.
(2) All data concerning the present contract and contractual relationship with personal character will be processed, saved and used electronically in scope of contract settlement.