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General Terms and Conditions (AGB)

of Willms Touristik GmbH & Co. KG

1. conclusion of the travel contract

By registering, the customer makes a binding offer to the tour operator to conclude a travel contract. The registration can be made verbally or by telephone, but must then be confirmed in writing by the tour operator. The registration is made by the applicant for all participants listed in the registration, for whose contractual obligations the applicant is responsible as for his own obligations. Any additional agreements and special requests must be recorded in writing in the registration and in the confirmation. After conclusion of the contract, the applicant will receive the complete travel documents or ticket.

2. payment

The price agreed upon conclusion of the contract and the terms of payment negotiated on this basis shall apply.

3. services

a) Our contractual services are based on the binding service description (catalog/flyer).
b) Additional agreements, special agreements and agreed special requests of the traveler must be recorded separately in writing.

4. price changes

a) Willms Touristik GmbH & Co KG reserves the right to change the prices advertised and confirmed with the booking in the event of an increase in transport costs or the charge for certain services such as admission tickets etc. or a change in the exchange rates applicable to the trip in question to the extent that the increase in transport costs or the charge for certain services per person or seat affects the travel price, provided that there are more than 4 months between the conclusion of the contract and the agreed travel date.
b) In the event of a subsequent change to the travel price or a change to an essential travel service, Willms Touristik GmbH & Co. KG must inform the traveler immediately, but no later than 21 days before the start of the trip. Price increases after this time are not permitted.
c) In the event of a price increase of more than 5% of the total price, the traveler can withdraw from the travel contract free of charge or instead request participation in a trip of at least equal value if Willms Touristik GmbH & Co. KG is able to offer such a trip from its range at no extra cost to the traveler.
d) The traveler must assert the rights under point 4.c) immediately after the tour operator's declaration.

5. changes to services

a) Changes and deviations of individual travel services from the agreed content of the travel contract which become necessary after conclusion of the contract and which were not brought about by the tour operator in bad faith are only permitted if the changes or deviations are not significant and do not affect the overall nature of the booked trip.
b) The tour operator must inform the traveler of a permissible change to an essential travel service immediately after becoming aware of the reason for the change.
c) In the event of a significant change to an essential travel service, the traveler may withdraw from the contract or instead request participation in another trip of at least equal value if the tour operator is able to offer such a trip from its range at no extra cost to the traveler. 4. c) applies accordingly.

6 Withdrawal by the customer

Withdrawal from the contract is possible. All costs incurred up to that point will be charged to the customer. If the withdrawal occurs on the day of departure or due to the non-appearance of the traveler / group, the costs incurred up to that point will be charged. Depending on the costs incurred, this may be up to 100% of the total price. Admission tickets remain unaffected by this and are generally charged at 100%, unless the customer can prove lower damages.
b) Decisive for the running of the deadlines is the receipt of the declaration of withdrawal by us; the duration of the transmission must therefore be taken into account. The withdrawal must be made in writing, but can also be notified in advance by telephone.

7. substitute travelers

a) The traveler can be replaced by a third party up to the start of the trip, provided that this person meets the special travel requirements and his participation is not prevented by legal regulations or official orders.
b) The traveler and the third party are liable to the tour operator as joint and several debtors for the travel price.

8. trip interruption

If the trip is interrupted due to a circumstance within the sphere of the traveler (e.g. illness), the tour operator is obliged to obtain reimbursement of the saved expenses from the service providers. This does not apply if completely insignificant services are affected or if statutory or official regulations prevent reimbursement.

9. disruption by the traveler

The tour operator may terminate the travel contract without notice if the traveler continues to cause considerable disruption despite warnings, so that further participation is no longer reasonable for the tour operator and/or the tour participants. This also applies if the traveler does not adhere to objectively justified instructions. In this case, the tour operator is still entitled to the tour price, insofar as there are no saved expenses and benefits from other utilization of the travel service(s). Other claims for damages remain unaffected.

10. termination due to force majeure

a) Epidemics, sovereign orders (withdrawal of national rights, border closure), natural disasters, accidents, destruction of accommodation or equivalent cases entitle both parties to terminate the contract solely in accordance with this provision.
b) In the event of termination, the tour operator may demand compensation for services rendered or services still to be rendered in accordance with § 471 of the German Civil Code.
c) In the event of termination, the tour operator is obliged to provide return transportation if the contract includes transportation. In any case, he must take the necessary measures to carry out the cancellation of the contract.
d) The parties shall each bear half of the additional costs of return transportation, insofar as this is included in the contract; the remaining additional costs shall be borne by the traveler.

11 Warranty and remedy

a) If the travel services are not in accordance with the contract, the traveler may demand remedy, provided that this does not require a disproportionate effort. The remedy consists of the elimination of the travel defect.
b) The traveler can demand a reduction in the travel price if he reports the travel defect(s) to the tour guide or, if a tour guide is not available, to the tour operator directly, unless considerable difficulties make it unreasonable to report the defect to the tour operator.
c) If the trip is defective and the tour operator fails to remedy the defect within a reasonable period set by the traveler, the traveler may also remedy the defect himself and demand compensation for the necessary expenses. There is no need to set a deadline if the tour operator refuses to remedy the defect or if a particular interest of the traveler justifies immediate self-help.
d) If the trip is significantly impaired by a defect, the traveler may set a reasonable deadline for remedy. If the deadline expires in vain, the traveler may terminate the travel contract. There is no need to set a deadline if the remedy is impossible, is refused or the immediate termination is justified by a special interest of the traveler. This applies accordingly if the traveler cannot reasonably be expected to continue the trip due to a defect for an important reason that is recognizable to the tour operator.
e) In the event of justified termination, the tour operator may demand compensation for services rendered or for travel services still to be rendered at the end of the trip. The value of the travel services provided as well as the total price and the value of the contractually agreed or to be provided travel services are decisive for their calculation (see § 471 of the German Civil Code). This does not apply if the travel services provided or to be provided are of no interest to the traveler. The tour operator must take the necessary measures required as a result of the termination of the contract. If return transportation by the tour operator is part of the travel contract, the tour operator must also arrange for this and bear the additional costs.
f) Notwithstanding the reduction or termination of the contract, the traveler may demand compensation for non-performance, unless the defect is due to a circumstance for which the tour operator is not responsible.

12 Obligation of the traveler to cooperate

The traveler is obliged to take reasonable steps to minimize any damage. Clauses 9 and 11 must be observed.

13 Limitation of liability

a) The contractual liability of the tour operator for damages that are not physical injuries is limited to three times the tour price, insofar as damage to the traveler is not caused intentionally or through gross negligence, or if the tour operator is responsible for damage incurred by the traveler solely due to the fault of a service provider.
b) If international conventions or statutory provisions based on them apply to a travel service to be provided by a service provider, according to which a claim for damages can only be asserted under certain conditions or restrictions, the tour operator may invoke these conventions and the statutory provisions based on them vis-à-vis the traveler.
c) Explicitly arranged third-party services - not affected by limitations of liability for bodily injury in tort.

14. preclusion period and limitation period

a) The traveler must assert claims for defective tour management in accordance with §§ 651 c to 651 f BGB against the tour operator within one month of the contractually agreed end of the tour. After this period has expired, claims can only be asserted if the traveler was unable to meet the aforementioned deadline through no fault of their own.
b) Claims by the traveler as defined in section 14. a) are generally subject to a limitation period of one year after the contractually agreed end of the trip, with the restriction that this limitation period of one year does not begin before the traveler notifies the tour operator of a defect. In the event of gross negligence, the claims affected in clause 14. a) shall lapse after two years.
c) Otherwise, the regular limitation period of three years shall apply, in particular in the event of fraudulent concealment of the defect.

15. place of jurisdiction

a) The traveler may sue the tour operator at its registered office. German law applies exclusively.
b) For actions brought by the tour operator against the traveler, the domicile of the traveler is decisive, unless the action is brought against registered traders or persons whose domicile or usual place of residence is unknown at the time the action is brought after conclusion of the contract. In these cases, the tour operator's registered office shall be decisive.

16. invalidity of individual provisions

The ineffectiveness of individual provisions does not justify the ineffectiveness of the rest of the travel contract.

17. travel insurance

a) The traveler is insured against the transport risk during the journey, insofar as he books corresponding transport services, within the framework of the statutory provisions.
b) For your own safety, we recommend that you take out travel cancellation, baggage, travel accident and travel liability insurance. You can obtain the insurance policies individually or as a package according to your wishes from your travel agency.

18. pricing

The prices stated in our invitations to tender are based on the tariff regulations and rates valid at the time of printing. We reserve the right to change prices in the event of deviations. We reserve the right to correct errors as well as printing and calculation errors.