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General Terms and Conditions
Modes of Payment
The invoice total is to be paid into the Wavetours account. Bank details: Sparkasse Darmstadt, IBAN: DE 32 5085 0150 0009 0032 07 or SWIFT/BIC: HELADEF1DAS. After the receipt of a reservation all travelling documents will be sent to each participant immediately. The customer will also receive an insurance policy with his invoice. This insurance covers the insolvency of the travel agent.
1. Conclusion of a Travel Agreement
The contract is closed with the confirmation by Wavetours.
2. Amendments to Services
Out of legitimate, substantial and not foreseeable reasons, Wavetours expressly reserve the right to make changes in the specification of services prior to the conclusion of a travel agreement.
3. Cancellation by the Customer
The customer may withdraw at any time prior to the journey. All cancellations must be sent in writing and will be effective on the date they are received by Wavetours. If the customer cancels the travel agreement or does not go on the journey, Wavetours may demand compensation for any travel arrangements or expenditures made. When calculating compensatory payments any expenditure usually saved and any possible other use of travel services must be taken into account. Wavetours can assert its claim for compensation according to the following classification:
i. Cancellation 25 days or more before scheduled departure – €30.- will be forfeited by the client
ii. Cancellation between 14 – 24 days before scheduled departure – 30% of total cost will be forfeited by the client
iii. Cancellation between 4 – 14 days before scheduled departure – 80% of total cost will be forfeited by the client
iv. Cancellation between 0 – 3 days before scheduled departure – 100% of total cost will be forfeited by the client.
Apartments in Seignosse, France, can be compensated as follows:
i. Cancellation 21 days or more before scheduled departure – 25% of total cost will be forfeited by the client
ii. Cancellation between 10 – 20 days before scheduled departure – 50% of total cost will be forfeited by the client
iii. Cancellation between 0 – 9 days before scheduled departure – 80% of total cost will be forfeited by the client
We will allow for you to change your booking, if available, for a rebooking fee of €30. -. It will be treated like a charged withdrawal from the original contract and a simultaneous booking of your desired journey. You are not entitled to claim rebooking. Prior to your scheduled departure you can decide to allow a third person to take over all rights and obligations from your travel contract. If there is a valid reason, Wavetours can bar the admittance of a third party. If a third party joins the contract, you will both be liable to pay the journey’s cost and any additional costs produced by the admittance of a third party. You will be at liberty to prove that, owing to your withdrawal from the journey, there have been no costs for Wavetours or substantially lower costs than the lump sum Wavetours accounted for.
4. Cancellation by Wavetours
Under the following circumstances Wavetours can choose to withdraw from the travel agreement before scheduled departure or cancel the travel agreement after scheduled departure. If, having been warned by Wavetours or their representatives, the customer keeps substantially disrupting the journey’s realization (e.g. by not complying with the head instructor’s directions), or acts contrary to the agreement to such an extent that an immediate cancellation of the agreement is justified, Wavetours can cancel the agreement without further notice. In this case there will be no refund, unless Wavetours will incur lower costs or receive refunds from other service providers owing to your absence.
In case a minimum attendance was established in the journey description beforehand, Wavetours can cancel a travel agreement until 2 weeks prior to scheduled departure due to low subscription of a particular journey.
5. Cancellation of Travel Agreement due to Force Majeure
If, for reasons that were not foreseeable when the agreement was concluded, the journey is considerably complicated or compromised, both parties can cancel the agreement. If the contract is cancelled, Wavetours can claim compensation appropriate for the already performed services or for services still to be performed until the end of the journey. Moreover Wavetours is obliged to take appropriate measures to transport the customer back home, especially if this service is included in the travel agreement. Additional costs for the transport will be equally shared by the two parties. In any other case any additional costs will have to be paid by the customer.
6. Liability of the Travel Agency Wavetours
If, in the context of a journey or in addition to it, customers are transported by regular transport services and respective transport documents are issued to the customer, Wavetours only arranges for external services. Hence, Wavetours will not be liable for those transport services. The liability will be held by the respective transport company according to their regulations and conditions of transportation. These regulations must be pointed out to the customer expressly and made available on demand.
7. Restricted Liability
The contractual liability of Wave Tours for damage to property is limited to the triple amount of the travel cost: 1. as long as the damage has not been caused deliberately or grossly negligently; 2. as long as Wavetours is only responsible for a damage caused by the fault of a service provider. For all claims in tort raised against Wavetours that were not caused deliberately or grossly negligently, Wavetours will be liable for damages to property up to €4,000.- In case the triple amount of travel costs exceeds this sum, liability for damages to property is restricted to the triple amount of travel costs. This maximum compensation applies to each customer and journey. Wavetours will not be liable for services it has arranged for with external companies that have not been performed (e.g. regular flights, sportive events, theatre visits, exhibitions, etc.). These services must be highlighted accordingly in the journey description. If international conventions or laws based on international conventions that are to be applied to services performed by service providers only allow claims for damages to be lodged under certain circumstances and restrictions, or not to be lodged at all, Wavetours cannot be sued for damages.
8. Obligation to Cooperate
The customer is obliged to lodge complaints on the spot with the responsible Wavetours agent immediately. As there are no local Wavetours agents in most of the regions, any service not performed must be communicated to the Wavetours agency immediately. If a hotel is responsible for a service not performed, you will first have to contact the hotel staff. In case the hotel refuses to put things right contact Wavetours immediately.
9. Exclusion of Claims and Limitation of Time
The customer will have to lodge claims regarding services not rendered as defined in the contract against the travel agency within a month after the scheduled end of the journey. The customer’s claims become time-barred within a year § 651m German Civil Code (BGB). If the customer has lodged such a claim, the limitation of time will be blocked until the day Wavetours rejects the claim.
10. Passports, Visas, Health Regulations and Travel Insurance
It is your responsibility to ensure that you have valid passports and visas which meet the requirements of immigration and other government authorities and comply with a country’s health regulations. If you do not comply with a country’s immigration regulations or do not receive the required visa in time owing to your own fault and thus cannot make the journey, Wavetours can claim the respective cancellation fees. We strongly recommend complete and comprehensive travel insurance cover including travel cancelation insurance, travel accident insurance and travel health insurance. Please ask for full details.
11. Arranged Services by other Service Providers
Services by other service providers, highlighted accordingly in the travel description, are made subject to the terms and conditions and limitations of liability imposed by the respective service provider. Your legal recourse is against the specific provider and not against Wavetours.
12. Liability
If the customer is a merchant, Darmstadt, Germany is the place of jurisdiction. German legal regulations apply.
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