General terms and conditions of EG Bustouristik- und Reiseveranstaltungs GmbH
formerly Event & Groupways Travel GmbH
1.) Conclusion of the contract
a) By registering, you offer EG Bustouristik- und Reiseveranstaltungs GmbH (hereinafter referred to as EG) to enter into a binding contract. This can be done in writing, by internet booking, orally or by telephone. The contract only comes into existence through written confirmation by EG. Insofar as the applicant declares that he is responsible for the contractual obligations of all registered persons, he is liable for the obligations arising from the travel contract along with the other persons registered by him.
b) If our confirmation differs from your order, the confirmation contains a new contract application to which we are bound for 20 days. After this period has expired without a written revocation, the new contract will also become binding for you.
c) Young people under the age of 16 can only take part in the trip if they are accompanied by a parent or legal guardian. Participants who have not yet reached the age of eighteen at the start of the journey require a written declaration of consent from their legal representative. The provision and control of this declaration is the responsibility of the client and is not the subject of the contract.
For the scope of the contractual services, only the confirmation from EG according to item 1.) is decisive as well as the service description in the offer as well as in the brochures or on the website of EG, insofar as reference is made to this in the registration. Ancillary agreements that change the scope of the contractual service require express written confirmation by EG.
3.) Service and price changes
a) Changes or deviations of individual travel services from the agreed content of the contract, which become necessary after conclusion of the contract and which were not brought about by EG in bad faith, are only permitted if the changes or deviations are not significant and the overall layout of the booked trip is not affect.
b) EG can increase the agreed travel price if there are more than 4 months between the conclusion of the contract and the start of the journey. The prerequisite for this is that verifiable and unforeseen changes in costs have occurred after the conclusion of the contract. In particular, this applies to prices of railways, shipping companies, airlines and hotels, the fees for certain services such as port, airport or immigration fees or other public taxes and exchange rate changes. Such a price increase can only be requested up to the 21st day before the agreed departure date. EG will notify EG of any price change immediately after becoming aware of the reason for the price increase. In the event of a price increase of more than 5% or a change in an essential travel service, the customer is entitled to withdraw from the contract without paying a fee. The traveler must assert these rights immediately after the tour operator declares the price increase or the change in the travel service.
4.) Payment of the travel price
a) A deposit is due when the contract is concluded. It amounts to 20% of the travel price.
b) The remaining travel price is to be paid to us no later than 2 weeks before the start of the journey. If you register at short notice, the entire amount is due immediately. Delay in payment entitles EG to withdraw from the contract and to charge compensation. The travel documents will be handed over against payment of the full invoice amount or sent after receipt of payment by EG. Should individual service providers from EG claim higher advance payments for the implementation of the booked trip, EG is entitled to further charge these. Please pay attention to special agreements.
For trips that do not last longer than 24 hours, do not include an overnight stay and for which the travel price does not exceed EUR 100.00, the entire travel price must be paid with the registration.
5.) Cancellation and rebooking by the customer
The customer can withdraw from the contract at any time before the start of the journey. The receipt of the declaration of withdrawal by EG is decisive. The withdrawal must be made in writing in order to avoid ambiguity.
If the customer withdraws from the contract or does not start the trip, the organizer can demand compensation for the travel arrangements made and for his expenses. When calculating the compensation, usually saved expenses and usually possible other uses of the travel services are to be taken into account.
If the customer does not prove that EG suffered less damage, the organizer can either calculate the specific damage or, alternatively, demand the following flat-rate cancellation fees per person:
(In the following, RP is an abbreviation for travel price!)
a) bei Busreisen :
up to 6 weeks before the start of the trip: 10% of the RP
42 to 29 days before the start of the trip: 20% of the RP
28 to 21 days before the start of the trip: 30% of the RP
20 to 15 days before the start of the trip: 35% of the RP
14 to 7 days before the start of the trip: 50% of the RP
from the 6th day before the start of the trip: 75% of the RP
on the day of departure: 100% of the RP
b) for air travel:
up to the 30th day before the start of the trip: 15% of the RP
29 to 22 days before the start of the trip: 20% of the RP
21 to 15 days before the start of the trip: 30% of the RP
14 to 8 days before the start of the trip: 45% of the RP
7 to 1 days before the start of the trip: 55% of the RP
on the day of departure: 100% of the RP
c) for short trips (up to 2 nights):
up to 30 days before departure: 15% of the RP
29 to 22 days before departure: 30% of the RP
21 to 15 days before departure: 50% of the RP
from the 14th day before departure: 80% of the RP
on the day of departure: 100% of the RP
Please pay attention to separate cancellation conditions in your travel confirmation, which replace the above regulation.
Until the start of the journey, the traveler can demand that a third party assumes the rights and obligations of the travel contract. The organizer can object to the entry of the third party if there are reasons relating to the person of the third party. If a substitute takes the place of the registered participant, we are entitled to demand the costs incurred by the participation of the substitute in the amount of at least EUR 25.00. The registered participant and the substitute person are jointly and severally liable for the travel price and the additional costs arising from the entry of the substitute person.
6.) Services not used
If the customer does not make use of individual travel services due to early return or for other compelling reasons, EG will endeavor to reimburse the saved expenses with the service providers. This obligation does not apply if the services are completely insignificant or if a reimbursement is contrary to legal or official provisions.
7.) Withdrawal and termination by EG
a) EG can withdraw from the contract before the start of the trip or terminate the contract after the start of the trip in the following cases:
a) Without adherence to a deadline if the customer disrupts the implementation of the trip despite a warning from EG or if he behaves in such a way that it is in breach of the contract that the immediate cancellation of the contract is justified. The termination can be issued by any EG employee, but also by persons whom EG uses to fulfill its contractual obligations (tour guide, bus driver). If EG cancels, we retain the right to the travel price. We settle the value of the saved expenses as well as the advantages that we gain from using the unused service for other purposes; including the amounts credited to the service providers by us.
b) If the trip is made considerably more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, both EC and the customer can terminate the contract. If the contract is terminated, EG can demand appropriate compensation for the travel services already provided or for the travel services to be provided to end the trip. Furthermore, EG is obliged to take the necessary measures, especially if the contract includes return transport, to return the customer. The additional costs for the return transport are to be borne equally by the parties. Otherwise, the additional costs are borne by the customer.
c) If a (minimum) number of participants is specified in a booking and confirmation by the tour operator of a group trip and this is not achieved by the customer, the full travel price must nonetheless be paid. If the group withdraws from the trip due to not reaching the minimum number of participants, the tour operator can demand compensation in accordance with section 5 of these conditions.
d) The organizer can withdraw if the trip is unreasonable for the tour operator after exhausting all possibilities because the booking volume for this trip is so low that the costs incurred by the tour operator in the event of the trip being carried out exceeded the economic sacrifice limit on this trip would mean. If the trip is canceled for this reason, the customer will immediately receive the paid travel price back.
8.) Liability of EG Bustouristik- und Reiseveranstaltungs GmbH
a) EG is liable within the scope of the due diligence of a prudent businessman for
- the conscientious travel preparation;
- the careful selection and monitoring of service providers;
- the correctness of the service descriptions;
- the proper provision of the contractually agreed services and
- a fault of the persons entrusted with the provision of the service
- EG is not liable for service disruptions or defects insofar as these occur in services that are expressly referred to as third-party services in the travel description. This applies in particular to additional programs during the trip. Broker duties remain unaffected.
If the defect is based on a circumstance for which EG is responsible, the customer can demand compensation.
9.) Customer's obligation to cooperate
The customer is obliged to report any defects immediately and to take reasonable steps to keep any damage to a minimum.
10.) Limitations of Liability
The contractual liability for compensation for damages that are not physical injuries is limited to the amount of three times the travel price - insofar as damage to the customer is neither caused intentionally nor through gross negligence or - insofar as EG for damage caused to the customer solely due to the fault of a service provider responsible for.
For all claims for damages by the customer against the EC from tort that are not based on intent or gross negligence, EC is liable up to a maximum of EUR 4,090.00 unless there is personal injury. If the travel price is over EUR 1,360.00, liability is limited to three times the travel price. It is strongly recommended that you take out insurance that covers the risk not assumed.
If statutory provisions apply to a travel service to be provided by the service provider, according to which a claim for damages can only be asserted under certain conditions or restrictions, EG can invoke this provision against the customer.
EG is not liable for service disruptions in connection with services that are only brokered as third-party services (e.g. bus services, sporting events, theater visits, exhibitions, etc.) and which are expressly marked as third-party services in the travel advertisement.
We are also not liable for service disruptions if we only act as a travel agent and this is expressly noted in the travel confirmation, stating the organizer.
The customer has to assert claims for non-contractual provision of the trip against EG within one month after the contractually stipulated end of the trip. After the deadline, the customer can assert claims if he was prevented from observing the deadline through no fault of his own.
Claims by the customer become statute-barred after one year. The statute of limitations begins on the day on which the trip should end according to the contract. If the customer has asserted such claims, the statute of limitations is suspended until the day on which EG rejects the claims in writing. Claims for compensation for bodily harm or death of the traveler expire 3 years after the end of the trip.
12.) Passport, visa, customs, currency and health regulations
The customer is responsible for knowing and complying with passport, visa, customs, currency and health regulations. All disadvantages that arise from non-compliance with these regulations are at his expense, even if these regulations have been changed after the conclusion of the contract.
13.) We recommend taking out travel insurance!
14.) Place of jurisdiction
Lawsuits against EG are to be brought at its seat. The place of jurisdiction for general merchants, for persons who do not have a general place of jurisdiction in Germany, as well as for persons who have moved their domicile or habitual abode abroad after the conclusion of the contract or whose domicile or habitual abode is not known at the time the action is filed, is the seat from EG.
15.) The ineffectiveness of individual provisions of the contract does not result in the ineffectiveness of the entire contract. The same applies to these terms and conditions.