GENERAL TERMS AND CONDITIONS OF BOCURON GMBH

Travel and payment conditions for trips by BOCURON GmbH
1. CONTRACTUAL PARTNER
BOCURON GmbH
Managing director: Viktoryia Ammann
Ludwigsburger Str. 276
D-74080 Heilbronn
Phone +49 (0) 7131 12745 0
Fax +49 (0) 7131 12745 199
Email info@bocuron.de

These travel and payment conditions become part of the travel contract concluded with us.

2. CONCLUSION OF THE TRAVEL AGREEMENT
2.1. With your travel registration on the basis of our offer, you offer us the conclusion of a binding travel contract. The travel contract is concluded when we accept the registration in Heilbronn. We will inform you of the acceptance, for which no special form is required, by sending you the travel confirmation / invoice. Travel agencies only act as intermediaries.
2.2. If you do not have our travel and payment conditions when you register by telephone, we will send them to you with the travel confirmation / invoice.
2.3. If the content of the travel confirmation / invoice deviates from the content of the registration, we are bound to this offer for 10 days. The contract is concluded on the basis of this new offer if you declare your acceptance within this period, which can also be done by making a payment, provided that we inform you of the change when sending it.
2.4. Please notify us immediately if you, as the travel applicant, have not received your travel documents from us at least 5 days prior to departure. In this case, provided that you have paid, we will send the travel documents immediately or, in the case of air travel at the airport of departure, provide proof of payment at the earliest one day before the day of the flight.

3. PAYMENT
3.1. Upon receipt of the written travel confirmation and delivery of the security certificate, a deposit of 50% of the travel price is due. The remaining payment must be made no later than 30 days before departure. The cost of travel insurance is due in full together with the deposit. The travel documents will be sent to you after receipt of full payment. For short-term bookings, we reserve the right to only offer payment by credit card or direct debit.
3.2. If you have given your written consent to payment by direct debit, the debits will be made from your account at the times mentioned above. If the direct debit from the direct debit or credit card account you specified is not possible, BOCURON GmbH is entitled to the resulting additional costs (chargeback fees) in the amount of 15 € to be charged.
3.3. BOCURON GmbH does not charge any fees for common means of payment (bank transfer, SEPA direct debits, Mastercard, Visa etc.). When paying in currencies other than euros or using non-standard payment methods such as American Express and the like, transaction fees may apply.
3.4. If the agreed down payment amount has not been paid in full even after the notice of default or the price of the trip is not paid in full by the start of the trip, this entitles us to dissolve the travel contract and to calculate compensation in the amount of the corresponding cancellation fee, provided that there is not already a travel deficiency at this point in time in front.

4. SERVICES, PRICES
4.1. For the scope of the contractual services, the service descriptions, as they have become the contractual basis, as well as the information referring to them in the travel confirmation / invoice are binding. Additional agreements that change the scope of the contractual services require express confirmation.
4.2. Your trip begins and ends – depending on the length of your stay – on the departure and arrival dates advertised in the offer.
4.3. Flight tickets or special travel passes are only valid for the travel days specified therein. If you want a change, we will endeavor to provide replacement transport against an invoice.
4.4. If you do not make use of individual services you have paid for reasons attributable to you, we can only grant you a partial refund if the service provider issues a credit, but not if the services are completely insignificant.
4.5. Unless expressly stated otherwise, prices apply per person for accommodation.

5. CHANGES IN SERVICE AND PRICE
5.1. Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not brought about by us in bad faith, are only permitted if the changes and deviations are not significant and do not affect the overall design of the booked trip. Any warranty claims remain unaffected insofar as the changed services are defective.
5.2 We reserve the right to change the price agreed in the travel contract in the event of an increase in transport costs or charges for certain services such as port or airport charges as follows. If the transport costs existing when the travel contract was concluded, in particular the fuel costs, increase, we can increase the travel price in accordance with the following calculation:
a) In the case of an increase related to the seat, we can demand the increase amount from you.
b) In other cases, the additional transport costs required by the transport company for each means of transport are divided by the number of seats on the agreed means of transport. We can demand the resulting increase for the single seat from you.
If the taxes that exist when the travel contract is concluded, such as port or airport fees, are increased towards us, the travel price can be increased by the corresponding, pro-rata amount. An increase is only permitted if there are more than 2 months between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase did not occur before the conclusion of the contract and were not foreseeable by us when the contract was concluded.
In the event of a subsequent change in the travel price, we will inform you immediately. Price increases from the 10th day before departure are ineffective. In the event of price increases of more than 5%, you are entitled to withdraw from the travel contract without any fees.

6. WITHDRAWAL BY THE CUSTOMER
6.1. You can withdraw from the trip at any time before the start of the trip. The receipt of the declaration of withdrawal by us is decisive. Failure to commence the trip is generally treated as a withdrawal. If you withdraw from the travel contract or do not start the trip, BOCURON loses its claim to the travel price. Instead, BOCURON can demand appropriate compensation for the travel arrangements made and for its expenses, insofar as BOCURON is not responsible for the withdrawal or exceptional circumstances occur at the destination or in its immediate vicinity that affect the implementation of the package tour or the transport of people to the destination significantly affect. Such circumstances are unavoidable and extraordinary if they are not under the control of BOCURON and their consequences could not have been avoided even if all reasonable precautions had been taken. The amount of the compensation is determined by the travel price minus the value of the expenses saved by BOCURON as well as minus what is acquired through other use of the travel services, which is to be justified at your request. The compensation is calculated after the time of receipt of the declaration of cancellation as follows with the following cancellation scale:
Package tours with personal travel
– up to the 30th day before departure 25%
– up to the 22nd day before departure 30%
– up to the 15th day before departure 45%
– up to the 8th day before departure 60%
– up to the 4th day before departure 70%
– up to the 2nd day before departure 85%
– from the day before the start of the trip and if the trip is not started: 95%
Package flights / flight-only bookings
– up to the 50th day before departure 30%
– up to the 22nd day before departure 50%
– up to the 15th day before departure 60%
– up to the 8th day before departure 70%
– 80% up to the 4th day before departure
– up to the 2nd day before departure 90%
– from the day before the start of the trip and if the trip is not started: 100%
6.2. Your statutory right to provide a substitute participant remains unaffected by the above conditions. Such a declaration is in any case timely if we receive it in writing seven days before the start of the journey. BOCURON can object to the entry of the third party if the third party does not meet the contractual travel requirements. When naming a replacement person, we have to charge you for the additional costs. In addition, we charge a processing fee of € 30 per traveler for the additional work. In the case of the transfer of the contract, the originally registered travel customer and the substitute participant are jointly and severally liable for the travel price and the additional costs incurred by the third party.
6.3. If deviating cancellation and booking conditions are specified for offers and special services, these take precedence.
6.4. In any case, you are allowed to prove that BOCURON is entitled to reasonable compensation that is significantly lower than the required compensation fee.
6.5. If BOCURON is obliged to reimburse the travel price as a result of a withdrawal, we will pay immediately, but in any case within 14 days of receipt of the declaration of withdrawal.

REBOOKING / ADDITIONAL COSTS
6.6. After the conclusion of the contract, the customer is not entitled to change the travel date, the travel destination, the place of departure, the accommodation or the transport. If you wish to change your booking, BOCURON will charge the same amount as you would have incurred at the time of the change in booking for a cancellation according to Section 6.1. In the case of minor changes that only cause low costs, such as changing the catering or expanding the scope of services, BOCURON can waive the cancellation fee in individual cases and only charge a processing fee of € 50.
6.7. If, due to circumstances for which the customer is responsible, without BOCURON cooperating in the preparation or implementation of the trip, additional costs are incurred for contractual services (e.g. for obtaining visas), BOCURON may request the customer to reimburse the expenses. This includes, for example, additional costs due to a ticket change if the customer’s name is missing or incorrect.
6.8. Services not used
If you do not make use of individual travel services as a result of an early return trip or for other compelling reasons for reasons that are attributable to you, there is no entitlement to a proportional reimbursement of the travel price, unless you would have entitled such reasons to withdraw free of charge or to terminate according to the statutory provisions. Fit Reisen will endeavor to reimburse the expenses saved by the service providers.

7. TRAVEL INSURANCE
Travel cancellation insurance and travel health insurance are not included in the travel price. We strongly recommend that you take out this insurance.

8. CANCELLATION BY THE TOUR OPERATOR
If an expressly advertised minimum number of participants specified in the travel confirmation is not reached, we are entitled to cancel the trip up to two weeks before the start of the trip. Payments made on the travel price will be reimbursed immediately.

9. WARRANTY
9.1. If a travel service is not provided or not provided in accordance with the contract, you can request remedial action within a reasonable time. We are entitled to remedy the situation by providing a replacement service of the same or higher value. However, we can refuse the remedy if it requires a disproportionate effort. After the end of the journey, you can claim a reduction in the travel price if travel services are not provided in accordance with the contract and you have not culpably failed to report them on site. If a trip is significantly impaired as a result of a defect and we do not remedy the situation within a reasonable period of time or there is no need to set a deadline because remedy is impossible or is refused or the termination of the contract is justified by a special interest on your part, you can, in your own interest best in writing to terminate the travel contract within the framework of the statutory provisions.
9.2. In the event of any service disruptions, you are obliged to do everything within the framework of the statutory provisions to help remedy the disruption and to keep any damage that may arise to a minimum. If your baggage is lost or damaged while traveling by air, you must make a damage report (P.I.R.) on the spot to the airline that carried it out. According to the airline’s conditions of carriage, notification of the damage is usually a prerequisite for enforcing your claims. In addition, the loss, damage or misdirection of luggage must be reported to the tour guide. We assume no liability for the loss or damage of valuables or money in checked baggage.

10. LIMITATION OF LIABILITY, LIMITATION OF LIMITATIONS
10.1. We are also liable for service disruptions, personal injury and property damage in connection with services that are only brokered as third-party services (e.g. sporting events, excursions, etc.) and that are expressly identified as third-party services in the travel advertisement and confirmation, even if the tour guide participates in these special events Not.
10.2. Our liability from the travel contract for damage that is not physical damage is limited to three times the travel price.
1. to the extent that damage to the traveler is not caused willfully or through gross negligence, or
2. We are solely responsible for damage incurred by the traveler due to the fault of a service provider.
10.3. Our liability is excluded or limited to the extent that international agreements or statutory provisions based on such, which are applicable to the services to be provided by a service provider, whose liability is also excluded or limited.
10.4. For all claims for damages from tort that are not based on intent or gross negligence, we are liable for property damage up to three times the travel price for each customer and trip. Any further claims under the Montreal Convention in connection with luggage remain unaffected.
10.5. a) You must assert all possible contractual claims due to non-contractual provision of the trip in writing to us within one month after the contractually agreed end of the trip, unless you were prevented from meeting the deadline through no fault of your own. This deadline also applies to the notification of baggage damage or delays in delivery of baggage in connection with flights, if warranty rights from § 651 c Paragraph 3, § 651 d, § 651 e Paragraph 3 and 4 BGB are asserted. A claim for damages due to luggage damage must be made within 7 days, a claim for damages due to baggage delay within 21 days of delivery.
b) Claims arising from tort, insofar as it does not involve personal injury, must be submitted to us in writing within one month of the contractually agreed end of the journey, unless you were prevented from meeting the deadline through no fault of your own.
c) In the case of personal injury, claims from tort must be asserted in writing within one month of the contractually agreed end of the journey, provided that knowledge of the injuring party or damaging event exists within the contractual travel time or that knowledge should have existed. This does not apply under any circumstances if we or our vicarious agents caused damage or if you were prevented from meeting the deadline through no fault of yours.
10.6. Contractual claims of the traveler expire after one year, beginning with the day on which the trip should end according to the contract. Claims from tort, provided that there is no injury to the body, health or freedom, expire in one year, starting from the day on which the trip should end according to the contract, unless the violation was intentional. Otherwise, the statutory provisions apply. If negotiations are pending on your claims, the statute of limitations is suspended until you or we refuse to continue the negotiations. The statute of limitations occurs at the earliest 3 months after the end of the suspension. Claims for damages from tortious acts due to bodily harm or death expire after 3 years.

11. PASSPORT, VISA AND HEALTH REGULATIONS
11.1. BOCURON will inform you about general passport and visa requirements as well as health formalities of the country of destination including the approximate deadlines for obtaining any necessary visas prior to the conclusion of the contract as well as any changes to them prior to departure. Unless otherwise specified, we will assume that you have the citizenship of the country of residence; if you have another citizenship or other special features (e.g. dual citizenship), please let us know.
11.2. You are responsible for obtaining and carrying the necessary travel documents, any necessary vaccinations and compliance with customs and currency regulations. Disadvantages that arise from not following these regulations, e.g. the payment of cancellation costs, are at your expense. This does not apply if BOCURON has provided culpable, inadequate or incorrect information.

12. INFORMATION REQUIREMENTS ABOUT THE IDENTITY OF THE EXECUTING AVIATION COMPANY
The EU regulation on informing passengers about the identity of the operating airline (EU 2111/05) obliges us to inform you about the identity of the operating airline (s) of all air transport services to be provided in the context of the booked trip when booking. If the operating airline has not yet been determined at the time of booking, we will tell you the airline or airlines that are likely to operate the flight. As soon as we know which airline will operate the flight, we will let you know. If the airline named to you as the operating airline changes, we will inform you of the change. We will immediately take all reasonable steps to ensure that you are informed of the change as soon as possible.

13. DATA PROTECTION AND GENERAL PROVISIONS
13.1. When you book, we collect personal data that is necessary for the fulfillment and execution of the travel contract. These data are electronically stored, processed and – as far as this is necessary for the purpose of the contract – transmitted to third parties, e.g. service providers such as hotels and airlines. If you give your e-mail address when booking your trip, we will use this to inform you about comparable travel offers from our company. If you do not wish to receive information, you can object to this use at any time without incurring any costs other than the transmission costs according to the basic tariffs. We will point this out to you every time you use your e-mail address for this purpose. Alternatively, you can object to receiving e-mails when booking.
13.2. Recognizable printing and calculation errors entitle us to contest the travel contract.

14. DISPUTE RESOLUTION PROCEDURES BEFORE A CONSUMER ARBITRATION BODY
BOCURON GmbH is neither willing nor obliged to take part in dispute settlement proceedings before a consumer arbitration board.

15. FINAL PROVISIONS
Should a regulation of these general terms and conditions be or become ineffective, the effectiveness of the remaining regulations remains unaffected.

As of 09/29/2019