Terms & Conditions
The traveller’s registration legally constitutes the offer to conclude a travel contract. This only comes into effect upon receipt of a travel confirmation in text form by TAŞ TEPELER TRAVEL (hereinafter referred to as “TTT”).
1.1 The travel registration can be made in writing or by e-mail. The travel contract is to be concluded using the tour operator’s forms (travel registration and travel confirmation), including all agreements, subsidiary agreements and specifications of the traveller. After conclusion of the contract, the traveller shall receive the travel confirmation, which shall also serve as confirmation of the contract.
1.3 The traveller is bound by the travel booking for 10 days, or 5 days in the case of travel booking by e-mail. TTT will confirm the trip within this period.
1.4 A travel confirmation that deviates from the travel booking or is not received in time is a new contract application to which TTT is bound for 10 days and which the traveller can accept within this period.
1.5 Promises described in the invitation to tender as “opportunity”, “possibility” or “extra tour” are not themselves part of the contractual services, and any costs associated with them are not included in the tour price.
1.6 Service providers and travel agents are not authorised by TTT to give assurances or make agreements that go beyond or contradict the travel description or travel confirmation of TTT or change the confirmed content of the travel contract.
2.1 If TTT expressly arranges travel programmes of third-party tour operators or individual third-party services such as flights, rental cars, etc. on behalf of third parties, the conclusion and content of such contracts are governed by the relevant statutory provisions and any terms and conditions of the third-party contractual partner, insofar as these have been included. In the case of mediation, TTT is only liable for the proper mediation, not for the contractual provision of services in the mediated contract itself.
2.2 In the case of additional ancillary services (attendance at events etc.) which are described as arranged in travel advertisements, travel documents and other declarations, TTT is not the organiser but only the agent. In this respect, the agent is generally only liable for the mediation (including booking errors), but not for the mediated services themselves.
2.3
The offers of TTT are offered without flights. The trip starts in the respective travel country or meeting place, the trip is carried out individually. For round trip and return trip offers, the transfer from/to the airport of the respective travel country is included and part of the travel contract. Ultimately, the agreements in the respective offer apply here and must be included. Deviating agreements can be made. TTT requires a private international health insurance worldwide or Europe-wide in the destination country as well as a travel cancellation insurance. The transfer services must only be provided in the agreed travel period. If a trip is individually extended before or after the travel period, then these agreements do not apply
3 Passport, visa and health formalities
3.1 TTT informs the traveller before departure about general passport and visa requirements as well as the approximate deadlines for obtaining visas and health formalities.
3.2 After fulfilling the duty to provide information pursuant to section
3.1, the traveller himself must create the conditions for participation in the trip and carry the necessary travel documents with him, unless TTT has expressly undertaken to procure the visas or travel documents, certificates, etc.
3.3 If the trip cannot be commenced due to a lack of personal requirements, the traveller is responsible for this if this is solely due to his/her culpable conduct (e.g. invalid visa, lack of vaccination protection). In this respect, Clause 9 (Cancellation) shall apply mutatis mutandis.
4 Payment/Travel documents
4.1 After receipt of the travel confirmation, a deposit of 50% or 25% is due. The remainder of the tour price is due 21 or 10 days before the start of the tour in return for handing over the complete travel documents.
4.2 The conclusion of the contract two weeks before the start of the tour obliges the traveller to immediately pay the entire tour price step by step against handover of the complete travel documents.
5 Services and obligations of TTT
5.1 The individual contractual services owed by TTT result from the travel confirmation (see section 1, paragraph 1). The content of the contract and the services result from the information provided by TTT before the start of the trip and in particular from the agreed specifications of the traveller, unless expressly agreed otherwise.
5.2 TTT reserves the right to make changes, in particular changes to the service description and prices. This also applies to the prevention of participation by the lecturer, yoga teacher or others named in the travel confirmation due to absence due to illness. In this case TTT is entitled to name a suitable substitute teacher for the trip. TTT can declare a specific change to the travel description and price details if it informs the traveller of this before the travel booking is made.
5.3 TTT must fulfil information obligations prior to the travel booking in accordance with, insofar as this is relevant for the intended package tour.
5.4 TTT must provide information about its obligations to assist and fulfil these if the traveller is in difficulty. In the event of circumstances for which the traveller is responsible, TTT can demand compensation for reasonable and actual expenses incurred.
6.1 Insignificant changes to travel services by TTT are permitted unilaterally, but are only effective if they are explained to the traveller in writing, clearly, understandably and in a prominent manner before the start of the trip. The rights of the traveller in the event of travel defects remain unaffected by this.
6.2 Significant changes to the contract are not permitted unilaterally and only under the special conditions before the start of the trip, which TTT must expressly point out to the traveller. The traveller can withdraw from or accept the offered contract amendment or replacement journey within TTT’s acceptance period. Without a timely declaration by the traveller, TTT’s offer is deemed to be accepted.
6.3 If the substantial change or substitute journey is accepted, the traveller is entitled to a reduction in the price of the journey if the substitute journey is not at least equivalent. If the change leads to lower costs for TTT, the difference must be refunded to the traveller.
7 Price increase and price reduction before the start of the trip
7.1 TTT can unilaterally increase the tour price by up to 8% of the tour price if the reasons for the increase are due to increased transport costs (fuel, other energy sources) or increased taxes and other charges (visitor’s tax, port or airport charges) or changed exchange rates for the package tour which have arisen directly and occurred after the contract was concluded. The change in the agreed and changed travel price (difference) based on this will be calculated according to the number of travellers, converted to the person and increased proportionately. If TTT does not inform the traveller clearly and comprehensibly about the price increase, its reasons and the calculation at the latest 21 days before the start of the trip, the price increase is ineffective.
7.2 If the price increase reserved in accordance with section 7.1 exceeds 8% of the tour price, TTT cannot increase the price unilaterally, but only under the narrow conditions. In this respect, it can offer the traveller a corresponding price increase and demand that the traveller accepts within the reasonable period determined by TTT or withdraws from the contract.
7.3 The traveller can demand a reduction in the tour price if and insofar as the prices, duties or exchange rates mentioned in section 7.1 have changed after conclusion of the contract and before the start of the tour and this results in lower costs for TTT. If the traveller has paid more than the amount owed hereunder, the additional amount must be refunded. TTT can deduct the administrative costs actually incurred by TTT from the additional amount to be refunded. At the request of the traveller, TTT must provide the traveller with proof of the amount of the administrative costs incurred.
8.1 The traveller can declare within a reasonable period of time, but no later than 21 days before the start of the tour, that a third party is to take over the rights and obligations arising from the package tour contract.
8.2 TTT can object to the entry of the third party if it does not fulfil the contractual travel requirements.
8.3 If a third party enters into the contract, the third party and the traveller are jointly and severally liable to TTT for the tour price and the additional costs incurred due to the entry of the third party.
9 Cancellation by the traveller before the start of the trip – failure to start the trip
9.1 The traveller can withdraw from the contract at any time before the start of the trip. The date of receipt of the written notice of withdrawal by TTT is decisive.
9.2 In this case TTT loses the claim to the agreed tour price, but can demand reasonable compensation from the traveller for the travel arrangements made and the expenses. The amount of compensation is determined by the tour price less the value of the expenses usually saved by the tour operator as well as what he can acquire through usually possible other use of the travel service. TTT can demand a lump-sum compensation as a percentage of the tour price as follows:
– up to 90 days before departure: 20%.
– from the 89th day to the 60th day before departure: 30
– from the 59th day to the 30th day before departure: 45
– from the 29th day until the 10th day before departure: 65
– from the 9th day until the 1st day before departure 90
– 100% on the day of departure.
The traveller is always at liberty to prove that TTT has not suffered any loss at all or that the loss is less than the flat rate. TTT is entitled to demand higher, specifically calculated compensation instead of the lump sum, insofar as it can prove that it has incurred significantly higher expenses than the applicable lump sum and can specifically quantify and prove the compensation demanded, taking into account the expenses saved and any other use of the travel services.
9.3 In deviation from clause 9.1, TTT cannot demand compensation before the start of the trip if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the implementation of the package tour or the transport of persons to the destination. Circumstances are unavoidable and extraordinary within the meaning of this subtitle if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.
10.1 Rebookings (e.g. of the travel date, the destination, the accommodation, the mode of transport or the air fare, in the case of air travel also the booking class and the flight connections) are in principle only possible by withdrawing from the travel contract under the travel conditions stated in section 9 and simultaneously making a new booking.
10.2 TTT can, however, take into account the wishes of the traveller insofar as this is possible, permissible and reasonable. The prerequisite for a rebooking is that the service is available.
10.3 If the traveller requests changes or rebookings after conclusion of the contract, TTT can charge a flat processing fee of 30 EURO per person and rebooking for rebookings etc., unless TTT proves a higher processing fee or compensation after explicit notification to the traveller.
11 Cancellation in the event of considerable disruption by the traveller/ duty to cooperate
11.1 TTT can terminate the travel contract without notice if the traveller causes considerable disruption despite a warning and his continued participation is no longer reasonable for TTT and/or the other travellers. This applies accordingly if the traveller does not comply with factually justified instructions. In this case, TTT retains the claim to the travel price, insofar as there are no saved expenses and benefits through an alternative use of the travel service(s). Claims for damages by TTT remain unaffected in this respect.
11.2 The traveller must take all reasonable measures (e.g. inform TTT) to avert or reduce the threat of unusually high damage.
12.1 TTT will inform the traveller of the minimum number of participants and the cancellation period before booking the trip and in the travel confirmation.
12.2 TTT can withdraw from the contract before the start of the tour if fewer people than the minimum number of participants stated in the contract have registered for the package tour.
12.3 If the minimum number of participants according to section 12.1 is not reached and TTT wishes to withdraw, TTT must declare the withdrawal within the period stated in the contract. In the case of a trip lasting more than six days, at the latest 21 days, and in the case of a trip lasting between two and a maximum of six days, at the latest 7 days before the start of the trip.
12.4 If TTT withdraws from the contract, it loses the claim to the agreed travel price and reimburses it. The refund shall be made immediately, but in any case within 14 days of the withdrawal.
13.1 TTT can withdraw from the contract before the start of the trip if it is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances and if it declares its withdrawal immediately after becoming aware of the reason for withdrawal.
13.2 By withdrawing from the contract in accordance with section 13.1, TTT loses the claim to the agreed tour price, is obliged to refund the tour price and must therefore make the refund without delay, and in any case within 14 days of the withdrawal.
14.1 It is the responsibility of the traveller to ascertain for himself/herself before the trip, if necessary with the help of expert medical advice, whether participation in the trips, courses and activities is compatible with his/her physical condition.
14.2 Notification of defects by the traveller
The traveller must notify TTT of a travel defect without delay. If TTT was unable to remedy the situation as a result of the traveller’s culpable failure to notify TTT, the traveller cannot demand a reduction in the price of the holiday.
14.3 Addressee of the notice of defects
Travel defects must be reported to the tour guide during the tour. If a tour guide or a representative of TTT is not available or has not been agreed, travel defects must be reported directly to TTT or to the contact point stated in the travel confirmation or to the travel agency.
14.4 In the event of service disruptions, the traveller is also obliged to cooperate within the framework of the statutory provisions on the duty to minimise damage, to avoid any damage as far as possible or to minimise it as far as possible.
14.5 Request for remedy and self-help
The traveller can demand a remedy. TTT must then remedy the travel defect. The addressee of the request for remedy is the tour guide, the local representative or TTT itself. If TTT does not provide a remedy within the reasonable period of time set by the traveller, the traveller can provide a remedy himself and demand reimbursement of the necessary expenses. If the remedy is refused or is required immediately, no deadline needs to be set. TTT can only refuse the remedy if it is impossible or involves disproportionate costs taking into account the extent of the travel defect and the value of the travel service affected. TTT is obliged to specifically inform the traveller about substitute services, repatriation etc. and their consequences and to fulfil its obligations to assist.
14.6 Reduction
The tour price is reduced for the duration of the travel defect. Reference is made to section 14.2.
14.7 Cancellation
If the package tour is considerably impaired as a result of a travel defect, the traveller may terminate the contract after a reasonable period of notice to be set by him has expired. If TTT refuses the remedy or if it is urgently required, the traveller may terminate the contract without notice.
14.8 Compensation
Irrespective of the reduction or termination, the traveller can demand compensation for damages.
14.9 Offsetting of damages
If the traveller has a claim against TTT for damages due to the same event or for the repayment of an excess amount paid as a result of a reduction, the traveller must allow the amount to be offset which he has received as compensation or reimbursement due to the same event in accordance with international agreements or statutory regulations based on such agreements.
15 Liability of TTT
15.1 TTT’s contractual liability for damages that are not bodily injuries is limited to three times the travel price, insofar as a damage is not caused by gross negligence or intent or TTT is responsible for a damage solely due to the fault of a service provider.
15.2 If international conventions or legal regulations 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, TTT can refer to these conventions and the legal regulations based on them vis-à-vis the traveller.
15.3 Reference is made to clause 14.9.
16 Limitation – assertion
16.1 Claims must be asserted against TTT or the travel agent.
16.2 The traveller’s claims – except in the case of personal injury – are subject to a limitation period of two years. The limitation period begins on the day on which the package tour was to end according to the contract.
17 Consumer dispute resolution and online dispute resolution platform
17.1 TTT does not participate in dispute resolution proceedings before a consumer arbitration board.
18 Miscellaneous
18.1 Data protection
TTT collects and stores data from travellers exclusively for the purpose of carrying out the trip, processing the contract, looking after travellers and, in the case of group trips, for the list of participants. The traveller can object to the use or utilisation at any time.
18.2 Vouchers
The travel vouchers issued by TTT are valid for 2 years and can be redeemed for all self-organised trips. Vouchers cannot be redeemed for trips for which TTT only acts as an agent. Vouchers cannot be combined with each other or with other discounts (e.g. early booking discount). Personalised vouchers are not transferable to other persons.
Tour operator:
Tastepeler Travels & Tours
Paul Skorpen
Pfahlweg 11, D-82346 Andechs
T.: +0049(0) 15773684838
E-Mail: team@tastepelertravels.com
internet: www.tastepelertravels.com