LEHR'S-REISEN Günter Lehr operates with the travel portal lehrs-reisen.de a travel information, communication and booking system on the Internet, which offers you offers, information and services around the topic of travel. The following terms and conditions govern the use of the travel portal LEHR'S-REISEN Günter Lehr (hereinafter referred to as LEHR'S-REISEN).
The following terms and conditions shall, where effectively agreed, be the content of the package travel contract concluded between you and LEHR'S-REISEN Günter Lehr Inh. Alexandra Lehr, hereinafter referred to as LEHR'S-REISEN, in the event of a booking from 01.07.2018 onwards. They supplement and complete the statutory provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 252 EGBGB (Introductory Act to the German Civil Code).
Please read these travel conditions carefully before booking!
1. Conclusion of the package tour contract, obligations of the customer; deviating booking confirmation
1.1 For verbal, written, by e-mail, by fax or booking enquiries via the Internet:
a) With the booking (travel registration) the customer offers LEHR'S-REISEN the binding conclusion of the travel contract.
b) The contract comes into effect when the customer receives the booking confirmation from LEHR'S-REISEN. It does not require any particular form. LEHR'S-REISEN will send the customer a written travel confirmation upon or immediately after conclusion of the contract.
c) Bookings made by telephone less than 7 days before the start of the trip are binding for the customer and lead to the conclusion of the binding travel contract through the telephone confirmation of LEHR'S-REISEN.
d) Bookings via the Internet: With confirmation of the button (of the button) "book with payment" the customer offers LEHR'S-REISEN the binding conclusion of the travel contract. The receipt of the booking is confirmed to the customer in the form of a travel registration.
e) The transmission of the booking (travel registration) by clicking on the button "book with payment" does not entitle the customer to the conclusion of a travel contract according to his booking (travel registration). The contract only comes into effect upon receipt by the customer of the written booking confirmation from LEHR'S-REISEN, which is sent to the customer by post together with the security certificate.
1.2 This applies to all booking channels:
a) If the content of the booking confirmation deviates from the content of the customer's booking, a new offer from LEHR'S-REISEN is available, to which LEHR'S-REISEN is bound for a period of ten days. The contract is concluded on the basis of this new offer if the customer declares acceptance within this period by express declaration, down payment or payment of the balance.
The customer shall be responsible for all contractual obligations of fellow travellers for whom he makes the booking as for his own, provided that he has assumed this obligation by express and separate declaration.
2. Contractual bases, services, travel agents, external brochures
2.1 The contractual obligation of LEHR'S-REISEN to provide services is determined by the travel advertisement in conjunction with the booking confirmation and all supplementary information from LEHR'S-REISEN for the respective trip.
2.2 Travel agents (e.g. travel agencies) and service providers (e.g. hotels, transport companies) are not authorised by LEHR'S-REISEN to make agreements, provide information or make assurances which change the agreed content of the travel contract, go beyond the contractually agreed services of LEHR'S-REISEN or are in contradiction to the travel advertisement.
2.3 Local and hotel brochures as well as Internet tenders which are not published by LEHR'S-REISEN are not binding for LEHR'S-REISEN and its service obligation unless they have been made the subject of the travel tender or the content of the service obligation of LEHR'S-REISEN by express agreement with the customer.
3. Changes in services
3.1 Changes to essential travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and were not brought about by LEHR'S-REISEN against good faith, are only permitted insofar as the changes are not substantial and do not impair the overall layout of the trip.
3.2 Any warranty claims shall remain unaffected if the changed services are defective.
3.3 LEHR'S-REISEN is obliged to inform the customer about essential changes in services immediately after becoming aware of the reason for the change.
3.4 In the event of a substantial change in an essential travel service, the customer is entitled to withdraw from the travel contract free of charge or to demand participation in a trip of at least equal value if LEHR'S-REISEN is in a position to offer such a trip from its offer without additional charge for the customer. The customer must assert these rights against LEHR'S-REISEN immediately after LEHR'S-REISEN has declared the change in the travel service or the cancellation of the trip.
4.1 LEHR'S-REISEN may only demand or accept payments for the tour price before the end of the package tour if an effective customer money protection contract exists and the customer has been provided with the security note with the name and contact details of the customer money insurer in a clear, understandable and highlighted manner. After conclusion of the contract, a down payment of 10% of the travel price shall become due for payment against handing over of the security certificate in accordance with § 651k BGB (German Civil Code). The remaining payment shall be due 14 days prior to commencement of travel, provided that the security note has been handed over and the trip can no longer be cancelled for the reason stated in section 9. If bookings are made less than 14 days before the start of the trip, the entire tour price is due for payment immediately.
4.2 If the journey does not last longer than 24 hours, does not include an overnight stay and does not exceed the travel price per customer € 75, -, then deposit and balance payment become due with contract conclusion without delivery of a safety note.
4.3 If LEHR'S-REISEN is willing and able to provide the contractual travel services and there is no legal or contractual right of retention on the part of the customer, there is no entitlement to use the travel services or hand over the travel documents without complete payment of the travel price.
4.4 If the customer does not make the down payment and/or the remaining payment in accordance with the agreed payment due dates, even though LEHR'S-REISEN is prepared and able to properly provide the contractual services, has fulfilled its legal information obligations and there is no legal or contractual right of retention for the customer, LEHR'S-REISEN is entitled to withdraw from the package tour contract after issuing a reminder with setting a deadline and to charge the customer with cancellation costs in accordance with Item 6.
5. Price increase
5.1 LEHR'S-REISEN reserves the right, in accordance with § 651f, 651g BGB (German Civil Code) and the following regulations, to increase the travel price agreed in the package travel contract to the extent that it does so:
a) an increase in the price for the carriage of passengers due to higher costs for fuel or other energy sources,
(b) an increase in taxes and other charges on agreed travel services, such as tourist taxes, port or airport charges; or
(c) a change in the exchange rates applicable to the package in question has a direct impact on the travel price.
5.2 An increase in the travel price is only permissible if LEHR'S-REISEN informs the traveller clearly and comprehensibly in text form about the price increase and its reasons and, in so doing, communicates the calculation of the price increase.
5.3 The price increase shall be calculated as follows:
a) If the price for the carriage of persons is increased in accordance with 5.1a, LEHR'S-REISEN may increase the travel price in accordance with the following calculation:
b) In the event of an increase in taxes and other levies in accordance with 5.1b, the travel price may be increased by the corresponding pro rata amount.
c) In the event of an increase in exchange rates pursuant to 5.1c, the travel price may be increased to the extent that the trip has become more expensive for LEHR'S-REISEN as a result.
5.4 LEHR'S-REISEN is obliged to grant the customer/traveller a reduction in the travel price at his request if and insofar as the prices, taxes or exchange rates stated in 5.1 a) - c) have changed after conclusion of the contract and before commencement of the journey and this leads to lower costs for LEHR'S-REISEN. If the customer/traveller has paid more than the amount owed hereafter, the additional amount shall be refunded by LEHR'S-REISEN. LEHR'S-REISEN may, however, deduct from the additional amount to be refunded the LEHR'S-REISEN actually incurred administrative expenses. LEHR'S-REISEN must prove to the customer/traveller at his request the amount of administrative expenses incurred.
5.5 Price increases shall only be permissible up to the 20th day before the start of the journey, when they reach the customer.
5.6 In the event of price increases of more than 8 %, the customer is entitled, within a reasonable period set by LEHR'S-REISEN at the same time as notification of the price increase, either to accept the change or to withdraw from the package travel contract free of charge. If the customer does not expressly declare the withdrawal from the package tour contract to LEHR'S-REISEN within the period set by LEHR'S-REISEN, the change shall be deemed accepted.
6. Cancellation by the customer before commencement of travel/cancellation costs
6.1 The customer may withdraw from the trip at any time before the start of the trip. Cancellation must be made to LEHR'S-REISEN at the address stated in these conditions. If the trip was booked through a travel agency, the cancellation can also be declared to this agency. The customer is advised to declare the cancellation in writing.
6.2 If the customer withdraws before the start of the journey or does not commence the journey, LEHR'S-REISEN loses its claim to the travel price. Instead, LEHR'S-REISEN can demand appropriate compensation if the cancellation is not its fault or if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which considerably impair the execution of the package tour or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are not subject to the control of LEHR'S-REISEN and their consequences could not have been avoided even if all reasonable precautions had been taken.
LEHR'S-REISEN has determined the following compensation lump sums taking into account the period between the notice of withdrawal and the commencement of the journey as well as the expected saving of expenses and the expected acquisition through other uses of the travel services. Taking into account the time of receipt of the customer's notice of withdrawal from LEHR'S-REISEN, the flat-rate compensation is calculated as follows with the respective cancellation scale.
Access before commencement of travel / Cancellation scale in accordance with travel advertisement / Compensation in % of travel price
6.3 In any case, the customer is at liberty to prove to LEHR'S-REISEN that it has incurred no damage at all or a considerably lower damage than the lump sum demanded by it.
6.4 LEHR'S-REISEN reserves the right to demand a higher, concrete compensation instead of the aforementioned flat rates if LEHR'S-REISEN can prove that it has incurred significantly higher expenses than the applicable flat rate. If LEHR'S-REISEN asserts such a claim, LEHR'S-REISEN is obliged to quantify and substantiate the claimed compensation taking into account any saved expenses and any other use of the travel services.
6.5 The customer is strongly advised to take out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.
6.6 The statutory right of the customer to provide a substitute participant in accordance with the provisions of § 651 b BGB remains unaffected by the above provisions.
7.1 After conclusion of the contract, the customer is not entitled to any changes to the travel date, destination, place of departure, accommodation, type of catering, mode of transport or other services (rebooking). This does not apply if the rebooking is necessary because LEHR'S-REISEN has not provided the traveller with any inadequate or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; in this case the rebooking is possible free of charge. If in the remaining cases a rebooking is nevertheless made at the request of the customer, LEHR'S-REISEN may charge the customer a rebooking fee per traveller affected by the rebooking, subject to compliance with the following deadlines. Unless otherwise agreed in individual cases prior to the confirmation of the rebooking, the rebooking fee shall amount to € 25 per affected traveller up to the time of the start of the second cancellation scale of the respective type of trip in accordance with the above provision in Item 6.
7.2 Any rebooking requests by the customer which are made after the expiry of the deadlines can only be carried out, insofar as their execution is possible at all, after withdrawal from the package tour contract in accordance with Clause 6 under the conditions and simultaneous re-registration. This does not apply to requests for changes of booking which cause only minor costs.
8. Service not used
If the customer does not make use of individual travel services which have been duly offered to him for reasons attributable to him (e.g. because of early return or for other compelling reasons), he shall not be entitled to pro rata reimbursement of the travel price. LEHR'S-REISEN will endeavour to have the saved expenses reimbursed by the service providers. This obligation does not apply if the services concerned are completely insignificant or if reimbursement is contrary to statutory or official regulations.
9. Cancellation of LEHR'S-REISEN due to failure to achieve a minimum number of parts
9.1 LEHR'S-REISEN may withdraw in the event that a minimum number of participants is not reached in accordance with the following provisions:
a) The minimum number of participants and the latest date of cancellation by LEHR'S-REISEN must be stated in the concrete travel advertisement or, in the case of uniform regulations for all trips or certain types of trips, in a general catalogue reference or a general description of services.
b) LEHR'S-REISEN must clearly state the minimum number of participants and the latest cancellation period in the booking confirmation or refer to the corresponding information in the brochure.
c) LEHR'S-REISEN is obliged to immediately declare the cancellation of the trip to the traveller if it is certain that the trip will not be carried out due to the minimum number of participants not being reached.
d) A cancellation of LEHR'S-REISEN later than 2 weeks before the start of the trip is not permitted.
e) In the event of a cancellation, the customer may demand participation in another trip of at least equal value if LEHR'S-REISEN is in a position to offer such a trip from its offer without additional charge for the customer. The customer must assert this right against LEHR'S-REISEN immediately after the declaration of cancellation of the trip by LEHR'S-REISEN.
9.2 If the trip is not carried out for this reason, the customer will immediately receive back payments made on the travel price.
10. Cancellation for reasons of behaviour
10.1 LEHR'S-REISEN may terminate the package travel contract without notice if the customer, despite a warning from LEHR'S-REISEN, persistently disturbs the contract or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified.
10.2 If LEHR'S-REISEN terminates the contract, it retains the right to the travel price; however, it must offset the value of the saved expenses as well as those benefits which it obtains from any other use of the unused service, including the amounts credited to it by the service providers.
11. Obligations of the customer/traveller to report defects during the journey; termination of the travel contract by the customer/traveller
11.1 Travel documents
The customer has to inform LEHR'S-REISEN or his travel agent, through whom he has booked the package tour, if he does not receive the necessary travel documents within the period communicated by Lehrs-Reisen.
11.2 Notification of Defects / Requests for Remedy
a) If the journey is not free from travel deficiencies, the traveller may request redress.
b) As far as LEHR'S-REISEN could not remedy the situation due to a culpable omission of the notice of defects, the traveller can neither assert claims for reduction according to § 651m BGB nor claims for damages according to § 651n BGB.
c) The traveller is obliged to immediately inform the driver/representative of LEHR'S-REISEN on the spot of his notice of defects. If a driver/representative of LEHR'S-REISEN is not present on site and is not contractually owed, any travel defects in LEHR'S-REISEN are to be brought to the attention of Lehr'S Reisen at the notified contact point of Lehr's Reisen; the availability of the representative of LEHR'S-REISEN or his contact point on site will be informed in the travel confirmation. However, the traveller can also inform his travel agent through whom he has booked the package tour about the notification of defects.
d) The representative of LEHR'S-REISEN shall be instructed to remedy the situation as far as possible. However, he is not authorised to recognise claims.
11.3 Deadline prior to termination
If the customer/traveller wishes to terminate the package tour contract in accordance with § 651l BGB due to a deficiency in travel of the type described in § 651i Para. (2) BGB (German Civil Code), insofar as it is substantial, he must first set LEHR'S-REISEN a reasonable deadline for remedial action. This only does not apply if the remedy is refused by LEHR'S-REISEN or if the immediate remedy is necessary.
12. Limitation of liability
12.1 The contractual liability of LEHR'S-REISEN for damages not resulting from injury to life, body or health and not culpably caused is limited to three times the tour price.
12.2 LEHR'S-REISEN shall not be liable for service disruptions, personal injury and damage to property in connection with services which are merely arranged as third-party services (e.g. arranged excursions, sports events, theatre visits, exhibitions) if these services have been expressly marked as third-party services in the travel advertisement and the travel confirmation, stating the identity and address of the arranged contractual partner, so clearly that they are not part of the LEHR'S-REISEN package tour and have been selected separately. §§ 651b, 651c, 651w and 651y BGB remain unaffected by this.
LEHR'S-REISEN shall, however, be liable if and to the extent that the violation of the duties of LEHR'S-REISEN to inform, inform or organise has become the cause of damage to the traveller.
12.3 The limitation of liability according to clause 12.1 does not apply to claims arising from damage to luggage in the event of accidents resulting from the use of buses and coaches. In such cases, liability is excluded if the damage exceeds €1,200 per item of luggage carried.
12.4 § 23 PBefG remains unaffected by the regulations according to numbers 12.1 and 12.2. Liability for damage to property in connection with carriage in motor vehicles is thus excluded unless the damage results from accidents during the use of a motor bus, exceeds €1,000 per item of luggage carried and is not due to intent or gross negligence. Compensation in the event of damage to wheelchairs and other mobility aids or auxiliary equipment shall always correspond to the replacement value or repair costs of the lost or damaged equipment.
Any liability of LEHR'S-REISEN due to the violation of duties as a travel agent remains unaffected by the above provisions.
13. Assertion of claims, addressee
Claims according to § 651i Abs. (3) Nr. 2, 4-7 BGB have to be asserted by the customer/traveller against LEHR'S-REISEN. The assertion can also be made via the travel agent if the package tour was booked via this travel agent. A claim in text form is recommended.
14. Passport, visa and health requirements
14.1 LEHR'S-REISEN will inform the customer/traveller about general passport and visa requirements as well as health formalities of the country of destination including approximate deadlines for obtaining any necessary visas prior to conclusion of the contract as well as about any changes thereto prior to commencement of the journey.
14.2 The customer is responsible for procuring and carrying with him the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages resulting from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the customer/traveller. This does not apply if LEHR'S-REISEN has not informed, insufficiently informed or incorrectly informed.
14.3 LEHR'S-REISEN is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if the customer has commissioned LEHR'S-REISEN with the procurement, unless LEHR'S-REISEN has culpably breached its own obligations.
15 Alternative dispute resolution; choice of law and place of jurisdiction
15.1 LEHR'S-REISEN points out with regard to the Consumer Dispute Resolution Act that LEHR'S-REISEN does not participate in voluntary consumer dispute resolution. LEHR'S-REISEN refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.
15.2 For customers/travellers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the customer/traveller and LEHR'S-REISEN. Such customers/travellers may sue LEHR'S-REISEN exclusively at its registered office.
15.3 For legal actions by LEHR'S-REISEN against customers or contractual partners of the package travel contract who are merchants, legal entities under public or private law or persons who have their domicile or habitual residence abroad or whose domicile or habitual residence is not known at the time the legal action is filed, the registered office of LEHR'S-REISEN is agreed as the place of jurisdiction.
LIMITATIONS OF LIABILITY FOR DIFFERENT TOUR OPERATORS
In the case of the individual details on trips and individual services of different tour operators, LEHR'S-REISEN is dependent on the information which LEHR'S-REISEN receives from the respective tour operators or service providers. LEHR'S-REISEN has no way of checking the accuracy of this information. LEHR'S-REISEN therefore cannot give any guarantees or assurances with regard to the completeness, correctness or topicality of this information. The same applies to other information contained on LEHR'S-REISEN and made available by third parties.
LEHR'S-REISEN is also not liable for the availability of the trip or individual service at the time of booking or for the provision of the booked trip or individual service.
LEHR'S-REISEN shall only be liable for any damage, regardless of the legal basis, in the following cases as part of its brokerage activities:
a) Unlimited liability according to the legal regulations for assured characteristics and in case of gross negligence or intent.
b) Liability is excluded in the event of slight negligence on the part of LEHR'S-REISEN or its vicarious agents, insofar as neither an essential contractual obligation was breached nor a case of initial incapacity, impossibility or default exists. Otherwise, the liability is limited to the value of the booked trip or individual service, but in any case to foreseeable and typical damages.
THE ONLY EXCEPTION TO THIS IS THE TOUR OPERATOR (UNLESS OTHERWISE STATED):
WARRANTY ON YOUR PART
You agree to monitor any use of this Site by minors on your behalf or for your account and be liable for any use of this Site by you, including, but not limited to, minors under the age of 18 living in your household.
Any false or fraudulent reservation or reservation based on false or incomplete personal information is prohibited. You agree that the travel booking facilities on this website may only be used to make lawful bookings or purchases for you or any third party on whose behalf you may act lawfully.
If you breach any of these warranties, you will be fully liable to LEHR'S-REISEN and its suppliers for any damages you suffer as a result of your actions.
CONDITIONS FOR THE GENERAL USE OF THE LEHRS-REISEN.DE WEBSITE
lehrs-reisen.de is intended exclusively for private and non-commercial use. The use of lehrs-reisen.de by you and/or the consent to the following conditions and notices constitutes your agreement with all these regulations, conditions and notices. If you do not agree with these terms and conditions, you are not entitled to use lehrs-reisen.de.
2. Links to external websites
lehrs-reisen.de contains hyperlinks to other websites operated by other parties. Such hyperlinks serve only as references. lehrs-reisen.de cannot control the websites of third parties and is not responsible for their contents. The inclusion of hyperlinks to such websites by lehrs-reisen.de implies neither an approval of the material on such websites nor a connection with their operators. lehrs-reisen.de therefore assumes no liability with regard to these third-party websites and any damage arising in connection with their use.
3. Availability of lehrs-reisen.de
The claim to permanent availability of lehrs-reisen.de does not exist. Availability can only be guaranteed within the framework of technical conditions. A non-availability of lehrs-reisen.de does not justify any claims for damages by the user.
The offer, the software, the products and the information are based either on own research/programming of lehrs-reisen.de and/or corresponding data/supplies of third parties, i.e. the respective tour operator/service providers and data suppliers. All data, products, software, images, illustrations and information obtained through this website are protected by copyright and other intellectual property rights. You may not modify, copy, distribute, transmit, display, perform, reproduce, republish, license, create derivative works from, assign or sell them. Without the prior written consent of the entitled party, any modification of the data and information and their use on other websites as well as their use for other than personal, non-commercial purposes is prohibited as a violation of copyrights and other property rights. In the event of an infringement of copyrights, lehrs-reisen.de reserves the right to prosecute.
LEHR'S-REISEN reserves the right to change the terms and conditions under which this website is offered with effect for the future. This right does not, however, affect any existing conditions that you have accepted by lawfully booking on LEHR'S-REISEN.
3. GENERAL TERMS AND CONDITIONS
Should one of these terms and conditions not be effective, the validity of the remaining terms and conditions shall not be affected.
The law of the Federal Republic of Germany shall apply to these General Terms and Conditions.
Amendments and supplements to the contract must be made in writing and confirmed in writing by LEHR'S-REISEN in order to be effective.
LEHR'S-REISEN Günter Lehr
Owner Alexandra Lehr e.K.
Gonsenheimer Street 55
D-55126 Mainz, Germany
Status: May 2018