Terms and Conditions
COMPLETION OF TRAVEL CONTRACT
By the signed registration, the customer provides the tour operator (Herrgottsgarten - Berges-Kitzer & Schneider GbR) a binding travel agreement. This application and reservation form has to be completed in writing and sent to the tour operator or a written confirmation by email. The contract becomes binding by the acceptance of the tour operator. The customer receives from the travel agent a written confirmation together with the invoice. If the content of the travel agents confirmation substantially differs from the booking form and the customer does not make use of its cancellation option within 7 days, then the altered content of the confirmation becomes binding to both parties.
SERVICES
The extent of the contractual benefits and the price is derived from the description of services in the service package of the travel documents. In particular the travel booking and the booking confirmation including special services that may be listed and binding in the travel confirmation.
SERVICE & PRICE CHANGES
Changes and deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and were not caused by the tour operators in bad faith, are possible if the changes and deviations are not significant and do not affect the overall character of the tour. Exceptions to this are weather-related service points, such as harvesting or general activities in the vineyard. If, due to unforeseen weather conditions, the harvest cannot take place on the committed date, the customer will be offered an attractive alternative program, for example, with the theme "wine at the estate."
We reserve the right to change the price, if the service provider has to make price amendments for factually legitimate, significant and unforeseeable reasons (changes in fuel costs, taxes, fees, duties, tariffs, and the like). In the event of a subsequent price change or a change in an essential travel service, the tour operators have to notify the traveler without delay and no later than 21 days prior to departure. Price increases after this date are not allowed. By not making use of services that are included in the price, the customer will receive no refund
CANCELLATION BY THE CUSTOMER, BOOKING CHANGES, SUBSTITUTE PERSONS
The Customer may at any time prior to departure withdraw from the trip. Decisive is the receival date of the resignation statement. The withdrawal must be made in writing and must be confirmed by the tour operator. Upon cancellation by the customer, we can require appropriate compensation for the travel arrangements and the expenses incurred. The breakdown of the lump sum of these cost is as follows:
up to 30 days prior to departure 25% of the travel price, min. € 25,- per Person,
up to 22 days prior to departure 40% of the travel price,
up to 15 days prior to departure 50% of the travel price,
up to 07 days prior to departure 65% of the travel price,
up to 03 days prior to departure 75% of the travel price,
up to 02 days prior to departure 90% of the travel price,
When unable to make the trip 100% of the travel price
Beyond that, owing to special cancellation policy on the part of our service providers we can invoice actual print costs separately.
In times of the peak season in wine-growing areas (September / October) cancellation of the trip 8 weeks prior to departure - incurred costs will be100%. The reference date is in each case the date of receipt of the cancellation notification.
The traveler can be replaced by a third party up to the start of the journey, providing this meets the travel requirements and its participation does not conflict with legal regulations or administrative orders. Deviating regulations of the aforementioned cancellation conditions will be pointed out by the tour operator. These individual cancellation conditions are then described in the binding offer. If the trip includes tickets for cultural events or the like, in case of cancellation, the full amount can be calculated if no resale is possible. Decisive for the running of deadlines, is the receipt of the cancellation notice by the organizer.
PAYMENT
Upon receipt of the signed travel registration, the customer receives an invoice, which is considered as a written confirmation at the same time. The deposit for pre-financing of own and external services is, per person 10% (min 25, -. €) of the price and is payable on receipt of invoice. The balance is due at the latest 30 days prior to departure. For bookings less than 30 days before arrival date, the full invoice amount is due immediately. In the event of late payment the Herrgottsgarten is entitled to withdraw from the travel contract, whereby the applicant under item "resignation" incurred underlying charges. Beyond that, owing to special cancelation conditions from our service providers, actual costs incurred could be invoiced separately.
MEDIATION OF JOURNEYS WITH INDEFINITE GIFT VOUCHERS DATES
Vouchers expire after one year from the date of invoice.
LIABILITY
We are liable in the context of duty of care required for the conscientious travel preparation, careful selection and monitoring of service providers, the accuracy of the specifications and the proper provision the contractually agreed travel services.
LIMITATION OF LIABILITY
The active undertaking of travelling is taken at your own risk. A considerable amount of discretion and care is expected of each traveler. The tour operator accepts no responsibility for accidents, damage or other irregularities arising in the context of the active part of a journey. This is confirmed by the tour participants with his/her application. In this regard and in the own interest of the customer it is advised to take out a travel accident- and luggage insurance. The tour operator is not liable for third-party services, which are only mediated by us and are marked as such.
WARRANTIES
If the tour is not executed according to the contract, then the traveler may demand a compensation. The tour operator can provide a compensation where he provides an equivalent service. The tour operator may refuse the compensation if it requires a disproportionate effort. For the duration of a non-conforming provision of travel services by us, the traveler may require an appropriate reduction of the travel price. The price can be reduced to the value what the ratio would have been standing at the time of the booking and as long as the tour is in a faultless state and of the actual value. Claim for reduction shall not apply if the culpably omits to report the defect of the participants trip. If the trip is considerably constricted due to a deprivation and the problem cannot be solved within a reasonable time, the traveler can under the statutory provisions terminate, in his own interests by affidavit and written evidence, the travel contract. The same applies if the traveler, due to an important reason which is clearly recognizable by the tour operator, cannot continue. A deadline for the redress is only then not required, if a solution is impossible or is refused by us or if the immediate cancellation is justified by a particular interest of the traveler. The traveler owes us that part of travelling costs which corresponds to the services used, if these services were of interest for him/her. The traveler can claim, notwithstanding the reduction or cancellation, compensation due to non-fulfillment, unless the deficiency is based on circumstances which the tour operator are not responsible for.
EXCLUSION OF CLAIMS AND LIMITATION
Claims for the trip not being in accordance with the contracted services have to be made within one month after the contractually agreed end of the trip to the tour organizer by the traveler. After the deadline, claims can only be invoked if the traveler has been hindered through no fault of keeping the deadline. Contractual claims of the participant expire after 6 months. The limitation period begins with the day on which the tour should end according to the contract. Should the traveler has done such claims, so will the limitation period be suspended until the date on which we reject the claim in writing.
SEVERABILITY CLAUSE
The ineffectiveness of single regulations of the travel agreement including our travel conditions does not invalidate the entire travel contract.
JURISDICTION
Jurisdiction is Mainz (Seat of the tour operator)
RESPONSIBLE TOUR OPERATORS:
HERRGOTTSGARTEN
Berges-Kitzer & Schneider GbR
Augustinerstraße 31 | 55116 Mainz