General Terms
Part A: General terms and conditions as a tour operator of own tours
Part B: General terms and conditions as a travel agent
The General Terms & Travel Conditions govern the legal relations between the contracting parties (customer and P.T.A. TOURS GmbH) and are based on a respective booking. Primarily apply the supplemented travel conditions in the respective travel advertisement.
Part A: Activity as Tour Operator of own tours
Terms and conditions Tour Operator
1. Conclusion of the travel contract
1.1. With the travel registration offers the traveler (hereafter: travel customer) the P.T.A. TOURS GmbH makes the conclusion of a travel contract binding. The registration can be made in writing, electronically, verbally or by telephone. The contract comes with the acceptance by P.T.A. TOURS GmbH. The acceptance takes place with sending of the travel confirmation or the invoice by mail or by post to the travel customer.
1.2. If the content of the declaration of acceptance deviates from the content of the application, then a new offer from P.T.A. TOURS GmbH, to the P.T.A. TOURS GmbH is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the customer declares acceptance within the period of commitment or if the journey commences without contradiction.
1.3. The customer must be responsible for all contractual obligations of fellow travelers, for whom he makes the travel registration, as well as for his own, provided he has undertaken this obligation by an explicit and separate declaration.
1.4. Arranging a travel / travel component
1.4.1. Mediates P.T.A. TOURS GmbH expressly in foreign name travel programs of foreign tour operators or individual third-party services such as flights, rental cars, insurance etc. in connection with the journey, the conclusion and content of such contracts shall be governed by the relevant statutory provisions and any terms and conditions of the external contracting party, insofar as these were included.
1.4.2. In case of mediation P.T.A. TOURS GmbH only for the proper mediation, not for the contractual service provision in the mediated contract itself.
2. Payment
2.1. Payments on the travel price before the end of the journey may only be demanded or accepted upon delivery of a security note to the travel customer.
2.2. After the conclusion of the contract and handing over of the security note, a down payment of 20 % of the travel price is due.
2.3. For booked and issued flight tickets the complete ticket price is due within 10 days of invoicing.
2.4. The balance of the tour price is due 28 days prior to departure at the latest, unless the tour can be cancelled by P.T.A. TOURS GmbH according to section 5.
2.5. Payment by credit card is subject to a fee of currently 2.8 % of the invoice amount. Another free payment option is bank transfer. Travel documents will be sent after receiving full payment, at the earliest 10 days before traveling.
2.6. If the customer falls behind with the down payment or the final payment, P.T.A. TOURS GmbH after reminder with deadline entitled to withdraw from the travel contract and claim damages.
3. Performance and price changes
3.1. Changes to individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and before the start of the journey, and those of P.T.A. TOURS GmbH have not been brought against good faith, are only permitted, as far as the changes are not significant and do not affect the overall layout of the booked trip. P.T.A. TOURS GmbH will inform travelers in advance about any changes. Specified transfer and flight times are, unless unreasonably intervened in an agreed night's sleep, subject to a change. For air travel, the airlines named by name are subject to change.
3.2. Substantial changes to the contract are only permitted with the consent of the travel customer. For travel contracts concluded from 1 July 2018, an offer from P.T.A. TOURS GmbH for significant contract change will not be declared after departure. P.T.A. TOURS GmbH may require the customer to travel within one of P.T.A. TOURS GmbH specific and reasonable period, the offer accepts a substantial contract change or its withdrawal from the contract. After the expiry of P.T.A. TOURS GmbH certain period, the offer for substantial contract modification is considered accepted. P.T.A. TOURS GmbH can offer the travel customer with the offer of a substantial contract change optionally also the participation in a replacement travel. Reference is made to § 651g BGB (version from 1 July 2018).
3.3. P.T.A. TOURS GmbH reserves the right to charge the agreed travel price in case of increased transport costs (fuel or other energy sources) or charges for certain services, e.g. To change tourist taxes, port or airport charges, or any change in exchange rates applicable to the trip in question, as follows:
a. If the transport costs increase after conclusion of the contract, P.T.A. TOURS GmbH increase the tour price as follows:
a.a. A seat-related increase can be passed on to the travel customer proportionally and calculated.
a.b. In other cases, the additional (increased) transport costs required of the transport company per means of transport are divided by the number of seats or beds or cabins of the means of transport. The incremental amount for the single seat can be calculated by P.T.A. TOURS GmbH from the travel customer.
b. Are the existing upon conclusion of the travel contract duties such as port or airport fees or tourist tax P.T.A. TOURS GmbH, this increase can be passed on to the travel customer proportionately.
c. If the exchange rates change after conclusion of the travel contract, the travel price may be increased to the extent that the travel for P.T.A. TOURS GmbH more expensive.
d. For travel contracts concluded up to 1 July 2018, a price increase is only permitted if more than 4 months have elapsed between the conclusion of the contract and the agreed start of the journey and the circumstances leading to the increase have not occurred before the contract was concluded and P.T.A. TOURS GmbH were unpredictable.
e. If there is a subsequent change of the travel price, P.T.A. TOURS GmbH inform the travel customer immediately. A corresponding change notification must be received by the travel customer by the 21st day before the start of the journey.
3.4. For travel contracts concluded from 1 July 2018, the customer may demand a reduction of the travel price, as far as the clause 3.3. have changed prices, duties or exchange rates after the conclusion of the contract and before departure, at a lower cost P.T.A. TOURS leads. P.T.A. TOURS GmbH may deduct the administration costs actually incurred from the excess amount to be reimbursed, but at the request of the travel customer, it must prove to what extent they have accrued.
3.5. In the case of a substantial contract change or a price increase of more than 5% for travel contracts concluded before 1 July 2018 and more than 8% for travel contracts concluded after 1 July 2018, the customer is entitled to withdraw from the contract free of charge. For travel contracts concluded before 1 July 2018, the travel customer may also request participation in an at least equivalent other trip if P.T.A. TOURS GmbH is able to arrange such a trip at no extra charge for the travel customer from the offer of P.T.A. TOURS GmbH. The customer has this right immediately upon receipt of the statement from P.T.A. TOURS GmbH opposite P.T.A. TOURS GmbH. For travel contracts concluded after July 1, P.T.A. TOURS GmbH offer the travel customer in an offer for a price increase, alternatively, the participation in another trip (replacement trip). For travel contracts concluded after 1 July 2018, P.T.A. TOURS GmbH from the travel customer require that he / she be within one of P.T.A. TOURS GmbH specific and reasonable period, the offer to increase the price above 8% accepts or declares his withdrawal from the contract. After the expiry of P.T.A. TOURS GmbH specified period, the offer to increase the price is considered accepted.
3.6. P.T.A. TOURS GmbH will inform the travel customer in accordance with Article 250 § 10 of the Introductory Act to the BGB on substantial changes to the contract.
4. Withdrawal by the customer (cancellation costs) and replacement traveler | Special costs | Reimbursement | Travel character and suitability
4.1. The customer can withdraw from the trip at any time prior to departure. Decisive is the receipt of the declaration of resignation at P.T.A. TOURS GmbH. Travel customers are advised to declare their withdrawal in writing.
4.2. If the customer withdraws from the travel contract (cancellation) or does not start the journey, P.T.A. TOURS GmbH the claim to the travel price. P.T.A. TOURS GmbH may demand reasonable compensation. Subject to a concrete and reasonable calculation of compensation, P.T.A. TOURS GmbH flat-rate this claim for compensation, taking into account the following structure for flat-rate fares (without component of multi-day boat trips).
The cancellation fees are
- up to 62 days prior to departure in the amount of the deposit
- from 61 to 31 days before the beginning of the trip 40 %.
- from 30 to 21 days prior to departure 60 %.
- from 20 days prior to departure 100 %
of the tour price. - Fees per person -
4.3. For flight tickets issued to the travel customer, the separate cancellation / rebooking conditions of the booked airline of the respective air carrier apply with priority. Depending on the tariff booked, these can be up to 100 %.
4.4. The customer is responsible for the completeness and correctness of the information required and requested for the booking, in particular name conformity as listed in the travel document (passport/ID card), in particular for flight ticket bookings. Deviations can lead to considerable rebooking fees or to the refusal of carriage by the booked airline/s and/or transport company/s. P.T.A. TOURS GmbH does not accept liability for any fees and expenses arising from this. The information in the travel documents / flight ticket, in particular surnames and first names, must be checked by the travel client immediately after receipt for conformity and correctness with the information in the identification documents and deviations / errors must be reported to P.T.A. TOURS GmbH immediately.
4.5. Special, contrary regulations of the cancellation conditions are expressly indicated in the respective travel program / description.
4.6. The deadline for the calculation is the receipt of the declaration of withdrawal. The travel customer remains at liberty, P.T.A. TOURS GmbH to prove that P.T.A. TOURS GmbH no or much less damage has been incurred than the required lump sum.
4.7. For travel contracts concluded up to 1 July 2018, reference is made to the possibility of termination of the contract due to force majeure pursuant to § 651j BGB (version until 1 July 2018). For travel contracts concluded from 1 July 2018, P.T.A. TOURS GmbH shall not claim compensation if the resignation is due to unavoidable, exceptional circumstances occurring at or near the place of destination which materially affect the conduct of the journey or the carriage of persons to the place of destination. Reference is made to § 651h III BGB (version from 1 July 2018).
4.8. Until the start of the journey, the customer may demand that instead of a third party enter into the rights and obligations of the travel contract, if no air tickets are issued. P.T.A. TOURS GmbH may object to the entry of the third party if it does not meet the contractual travel requirements. In the case of the contract transfer, the originally registered customer and the substitute participant are jointly and severally liable for the travel price and the additional costs arising from the third party's entry. The customer receives proof of the amount of additional costs incurred by entering the third party.
4.9. It is recommended to take out travel cancellation insurance and insurance to cover the costs of repatriation in the event of accident, illness or death. The conclusion of a foreign health insurance - if necessary. including mountain rescue - is also strongly recommended.
4.10. At this point we would like to point out that the hiking tours of P.T.A. TOURS GmbH are not suitable for people with restricted mobility or with health or physical handicaps due to their rice character. Please ask for a possible participation possibility in individual cases.
4.11. Special costs incurred during the trip as a result of changes/cancellation/exclusion of the planned itinerary for reasons related to the person of the customer shall be borne by the customer and shall be paid to the respective claimant as soon as they arise. Special costs are e.g. costs for late arrival for departure or for the prepared journey; exclusion of the customer after the start of the journey, e.g. due to physical/health suitability, especially in the case of hiking tours e.g. due to lack of surefootedness, lack of fitness or bad constitution, general state of health or wrong and/or defective equipment. The assessment of the accompanying hiking guide after consultation with the participant is decisive. The further participation of the client in the trip is excluded for the benefit of the group and the safety of all.
4.12. If the customer is excluded from further travel for reasons for which he/she is responsible, the travel costs will not be reimbursed, even proportionately.
4.13. In case of cancellation the premiums for insurance policies concluded, e.g. travel cancellation costs insurance, travel health insurance, etc., are not refundable. P.T.A. TOURS GmbH is only an intermediary for the insurance provider.
5. Resignation P.T.A. TOURS GmbH (minimum number of participants)
P.T.A. TOURS GmbH can only withdraw from the contract if it has not reached an advertised minimum number of participants
a. the minimum number of participants is stated in the travel announcement and the time up to which the traveler must have received the declaration before the contractually agreed start of travel is indicated; and
b. in the travel confirmation clearly legible to this information. A resignation must be made to the customer at least 28 days before the agreed date of travel.
If P.T.A. TOURS GmbH retire from the trip, the customer receives back payments made on the travel price immediately. Any further compensation is excluded.
5.1 Termination and exclusion of the customer by P.T.A TOURS GmbH for behavioral, physical or mental reasons.
P.T.A. TOURS GmbH points out the character of the trip, especially the suitability for persons with handicap, in the respective travel descriptions.
5.1.1 P.T.A. TOURS GmbH may terminate the travel contract without notice if the customer, notwithstanding a warning by P.T.A. TOURS GmbH, persistently disturbs or if he behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified.
5.1.2 If the customer is recognizably physically or mentally not up to the requirements stated in the respective travel description, the tour management is entitled to exclude the customer from the travel program in whole or in part.
5.1.3 In the case of cancellation or exclusion, P.T.A. TOURS GmbH retains the right to the tour price; however, it must take into account the value of the saved expenses as well as those advantages that it gains from another use of the unused service, including the amounts credited to it by the service providers.
5.1.4 If the customer is responsible for additional costs beyond the tour price, these costs are to be paid directly to the respective service provider by the customer. A set-off with possible reimbursements by P.T.A. TOURS GmbH is excluded.
6. Warranty
6.1. If travel services are not provided in accordance with the contract, the travel customer may request a remedy. Corresponding defects must be reported immediately to the local tour guide or P.T.A. TOURS GmbH are displayed. P.T.A. TOURS GmbH can u.a. remedy the situation by providing an equivalent replacement.
6.2. For the duration of a non-contractual provision of the travel, the customer may demand a corresponding reduction (reduction) of the travel price. The reduction does not occur if the customer negligently fails to report the lack of travel.
6.3. If the journey is significantly impaired as a result of a defect, the customer may terminate the travel contract. A termination of the travel contract by the travel customer is only permitted if P.T.A. TOURS GmbH does not provide a reasonable remedy after the customer has set a reasonable deadline for this. It is not necessary to set a deadline if P.T.A. TOURS GmbH is denied or if the immediate termination is justified by a particular interest of the travel customer.
6.4. Travel-/ Round trip programs around / to external events of third party providers / organizations / associations / exhibitions, etc.): P.T.A. TOURS GmbH is not the organiser / promoter of the events and related services. Changes or cancellations in the schedule and/or program of the event are the responsibility of the respective organisation / organiser of the event. In this case the travel price, even proportionately, cannot be refunded or credited. Likewise, current events on site may lead to changes in the programmes schedule, which may require adjustments to the travel/round trip programmes. The travel price cannot be refunded, even proportionately, or credited in this case also.
7. Limitations of liability and exclusions
7.1. For travel contracts concluded until July 1, 2018, the contractual liability of P.T.A. TOURS GmbH for damages that are not personal injury, limited to the triple travel price, as far as damage is not caused willfully or grossly negligent. The same applies if P.T.A. TOURS GmbH is responsible for the damage solely because of a fault of a service provider. For travel contracts concluded from July 1, 2018, the liability of P.T.A. TOURS GmbH for damages that are not personal injury, limited to the triple travel price, if the damage is not culpably caused.
7.2. The tortious liability of P.T.A. TOURS GmbH for property damage that is not based on intent or gross negligence, is limited to the triple travel price. This maximum liability is valid per trip and journey. Possible further claims based on international regulations remain unaffected by the restriction.
7.3. From the local tour guide in own organization or from other persons in own organization in the travel country offered and locally booked excursions, transport services, sportive activities and rented car are not part of the travel contract content between the travel customer and P.T.A. TOURS GmbH; P.T.A. TOURS GmbH no liability. This also applies to excursions organized by P.T.A. TOURS GmbHS in the travel announcements only as worth suggesting.
7.4. A claim for damages against P.T.A. TOURS GmbH is limited or excluded to the extent that under international conventions or statutory provisions applicable to the services to be provided by a service provider, a claim for damages against the service provider can only be made under certain conditions or restrictions certain conditions is excluded.
7.5. For travel agreements concluded from July 1, 2018, a limitation of liability (offsetting) from § 651p III BGB may result.
8. Obligation to cooperate
The travel customer is obligated to cooperate within the framework of the legal provisions in the event of service disruptions. In particular, the travel customer is obliged to immediately inform the local tour guide or P.T.A. TOURS GmbH in writing of any complaints or deficiencies. If the customer neglects to indicate a defect, a claim for reduction and contractual claims for damages does not arise. This only applies if the ad is visibly hopeless or unreasonable for other reasons. Damages or delays of checked baggage during a flight should be reported to the relevant airline without delay on the spot by means of a notice of damage.
9. Registration of claims (time limits), statute of limitations and assignment ban
9.1. In the case of travel contracts concluded up to 1 July 2018, the customer must claim for non-contractual provision of the travel within one month after the contractually provided end of travel to P.T.A. TOURS GmbH at the address indicated in point 15. It is recommended that the claim application be made in writing. A claim application or the filing of the application with the travel agent (travel agency) is not sufficient for compliance with the deadline. After expiry of this period, the travel customer can assert claims if he was prevented from observing the deadline through no fault of his own. For travel contracts concluded from 1 July 2018, the one-month period is no longer valid, however, the traveler is advised to submit his claims immediately after the end of the journey at P.T.A. TOURS GmbH. For the registration of baggage damage and delays of luggage in the context of an air transport special time limits apply. Luggage damage must be reported within 7 days, delay damage within 21 days after delivery of the baggage.
9.2 Claims of the travel customer under the travel contract law (§§ 651a ff BGB) expire in two years. The limitation begins on the day of the contractually provided end of travel.
9.3 Prohibition of assignment - The assignment of claims of the travel customer against P.T.A. TOURS GmbH to third parties is excluded. This prohibition does not apply to a family trip among accompanying family members.
10. Passport, visa and health regulations
10.1. P.T.A. TOURS GmbH advocates that nationals of a state of the European Union in which the travel is offered be informed of passport and visa requirements and any changes that may be made to them prior to travel. The responsible consulate provides information for nationals of other states. Special health regulations of the travel destination are indicated by P.T.A. TOURS GmbH in the travel announcement. The traveler should obtain timely information about infection and vaccination measures for the agreed destination. It is on the possibility of obtaining information from the health authorities, doctors (travel medicine) and tropical institutions u.a. pointed.
10.2. The traveler is responsible for complying with all passport, visa and health regulations that are important for the travel. All disadvantages, in particular the payment of cancellation fees, resulting from non-compliance with these regulations shall be borne by him, except in the case of culpable incorrect or non-information of P.T.A. TOURS GmbH are conditional.
11. Information about airlines
EU Regulation No 2111/2005 on the information of passengers about the identity of the operating air carrier obliges P.T.A. TOURS GmbH, to inform the travel customer about the identity of the operating airline of all in the context of the booked travel to be provided air transport services at the time of booking. If the operating airline is not yet known at the time of booking, P.T.A. TOURS GmbH undertakes to provide the Travel Customer with the airline (s) that are likely to conduct the flight (s). Once P.T.A. TOURS GmbH has knowledge of which airline performs the flight, the customer must be informed. If the named airline changes, P.T.A. TOURS GmbH inform the travel customer about the change. P.T.A. TOURS GmbHmust immediately take all reasonable steps to ensure that the customer is informed immediately of the change. A list of unsafe airlines with no flights in the EU is e.g. on the following website: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm, or via the website of the Federal Aviation Office: www.lba.de
12. Choice of law and jurisdiction
12.1. On the travel contract and on the legal relationship between the travel customer and P.T.A. TOURS GmbH applies exclusively German law. Insofar as in the case of travel customer complaints against P.T.A. TOURS GmbH abroad is used for the liability reason other than German law, applies to the legal consequences, such as the nature, extent and amount of claims of the travel customer, exclusively German law.
12.2. The place of jurisdiction of P.T.A. TOURS GmbH is the company headquarters in Viersen.
12.3. For actions of P.T.A. TOURS GmbH against the travel customer is the domicile of the travel customer, unless the action is directed against registered traders or persons who have no general jurisdiction in Germany, or against persons who relocated after conclusion of the contract their domicile or habitual residence abroad or whose domicile or habitual residence is not known at the time the action is brought. In these cases, the registered office of P.T.A. TOURS GmbH authoritative.
13. Other provisions
The invalidity of individual provisions of these conditions does not result in the ineffectiveness of the entire conditions. Reference is made to § 306 BGB.
14. Dispute settlement proceedings before a consumer arbitration board
P.T.A. TOURS GmbH is not obliged to participate in dispute settlement proceedings before a consumer arbitration board and does not participate in a dispute settlement procedure before a consumer arbitration board.
15. Address and registered office of P.T.A. TOURS GmbH (Tour Operator):
P.T.A. TOURS GmbH
Kaiserstrasse 66, D-41747 Viersen
Phone +49 (02162 / 359000
Fax +49 (0)2162 / 359002
info@ptatours.de
Amtsgericht Mönchengladbach, Handelsregister B, HRB 10111
CEO.: Andrea Baumeister
www.ptatours.de
The status of these conditions is April 2018.
Part B: Activity as Travel Agent
Terms and Conditions Travel Agent
1. Activity as a travel agent
1.1. The following terms and conditions (GTC) govern the contractual relationship between the traveler and the travel agency P.T.A. TOURS GmbH provided mediation activities. Only the following terms and conditions of P.T.A. TOURS GmbH. The validity of any terms and conditions of the traveler is hereby expressly excluded.
1.2. P.T.A. TOURS GmbH offers the traveler all travel services of various tour operators and service providers (eg for individual travel services or related travel services) exclusively for mediation as travel agents, intermediaries of connected travel services or agents of individual travel services.
1.3. By making a booking with P.T.A. TOURS GmbH, the traveller issues the agency contract. P.T.A. TOURS GmbH accepts the agency assignment of the customer in writing, electronically, orally or by telephone.
1.4. P.T.A. TOURS GmbH can arrange special Quality Plus services with the traveler. P.T.A. TOURS GmbH offers the customer the Quality Plus services (with the exception of the Quality Plus insurance services) in their own name and for their own account. The Quality Plus Insurance Benefits (QTA Value Added Package) is provided by P.T.A. TOURS GmbH, whereby P.T.A. TOURS GmbH at conclusion of the contract on the insurance conditions including insurance certificate of the insurer points out and this is handed over to the customer.
1.5. For that of P.T.A. TOURS GmbH brokered travel contract between the traveler and the respective tour operator or service provider (hereinafter also "provider"), the terms and conditions of each provider are relevant. The terms and conditions of the respective provider are displayed or made known before the travel booking and must be expressly confirmed by the participant / traveler. If there are no general terms and conditions of a provider (for example, for scheduled flights), the respective tariff provisions of the airline are used, about which the traveler has obtained knowledge before booking.
2. Mediation order and terms of payment
2.1. With the booking, the traveler gives P.T.A. TOURS GmbH a legally binding mandate to provide the traveler with specific travel services to a particular provider.
2.2. The booking is in legal terms, the offer of the traveler to the provider on conclusion of a travel contract. This transmits P.T.A. TOURS GmbH to the supplier. The transmission by P.T.A. TOURS GmbH does not accept the offer of the traveler to conclude a travel contract with the respective provider. The provider decides on its own responsibility about the acceptance. If he accepts the offer of the traveler, the traveler receives a written travel confirmation or travel confirmation in text form.
2.3. P.T.A. TOURS GmbH as an intermediary is not obliged to pay the travel price to the provider for the traveler. Disadvantages of the traveler, which are caused by a not punctual payment of the traveler, the traveler has to carry himself.
2.4. Invoices issued by P.T.A. TOURS GmbH and collected (travel agency collection by P.T.A. TOURS GmbH), carried out in the name and for the account of the provider. Invoices are to be paid on the date shown in the invoice.
2.5. When arranging a package holiday, P.T.A. TOURS GmbH the security certificate acc. § 651r BGB handed over before payment. When arranging connected travel services, P.T.A. TOURS GmbH provide for customer protection required by § 651 w Abs. 3 BGB and hand over the corresponding security note to the traveler.
3. Travel documents
3.1. Travel documents are handed over to the traveler, sent by post or, in individual cases, deposited with the service providers of the respective provider (airlines, hotels, car rental companies, etc.). The transmission risk is borne by the traveler.
3.2. If the traveler desires the dispatch of travel documents by courier, the traveler has to bear all resulting costs. The transmission risk is borne by the traveler.
3.3. As far as the traveler arranges travel insurance by P.T.A. TOURS GmbH wishes to send P.T.A. TOURS GmbH the traveler the insurance documents by personal delivery, by mail or by mail. The insurance documents regularly consist of the insurance conditions and an insurance number.
3.4. The traveler is asked in his / her own interest to immediately check the documents provided to him by the travel agency for their correctness and to inform the travel agency or the provider of any such discrepancies immediately in order to avoid damages.
4. Issuing and sending airline tickets / identity of the operating airlines for booked flight services
4.1.Firstly, airline tickets are issued no later than 14 days before departure and delivered or handed over to the passenger according to the chosen mode of shipment. This only applies if the respective airline has not specified any other exhibition periods as travel provider. P.T.A. If desired, TOURS GmbH can also issue flight tickets earlier, whereby it is pointed out that from the date of issue in case of cancellation or a change of booking of the traveler, the provider may incur cancellation / rebooking fees of up to 100% of the travel price. A legal claim to delivery exists only on the day of departure. The traveler must note that after the tickets have been issued in the event of cancellation / rebooking in addition to the cancellation / rebooking fees levied by the providers, a processing fee will be charged by P.T.A. TOURS GmbH is charged.
4.2.If the airline offers an electronic ticket ("e-ticket") instead of a paper ticket, an electronic booking code will usually be sent in text form (usually by e-mail). This must be presented by the traveler at check-in together with an identification document (identity card or passport).
4.3. According to EU Regulation VO 2111/05, P.T.A. TOURS GmbH hereby expresses the travel agent's obligation to inform the passenger about the identity of the operating airline for all transport services on the return flight prior to the conclusion of the contract, provided the airline is already established prior to the conclusion of the contract. P.T.A. TOURS GmbH refers in this respect to the information in the respective specifications of the airlines used. As far as the airline is not yet known, P.T.A. TOURS GmbH the traveler before the conclusion of the contract about the airline, which is expected to perform the flight. Once the airline is established, P.T.A. TOURS GmbH ensure that the traveler receives the information about this as soon as possible. This also applies to any change in the airlines operating the service.
5. Rebooking and withdrawal
From rebooking as well as the resignation of the travel contract the traveler may incur significant costs. These regulations are based on conclusion of the contract with the provider of the relevant tourism service exclusively in accordance with the statutory provisions or the general terms and conditions of the respective provider as a contract partner of the traveler. To avoid this cost risk, P.T.A. TOURS GmbH is therefore the traveler the conclusion of a travel cancellation insurance and the conclusion of an insurance to cover the repatriation costs in case of illness or accident.
6. Information obligations of the travel agent
6.1.Since P.T.A. TOURS GmbH is a travel agent within the meaning of § 651 v Abs. 1 BGB, meets P.T.A. TOURS GmbH the legal information obligations before travel registration according to § 651 v Abs. 1 BGB and informs in particular about essential characteristics of the trip, travel price, arrival and final payment, minimum number of participants, entry requirements, cancellation fees, form for package holidays etc., as far as this information is not already from the respective Tour operators have been notified. P.T.A. TOURS GmbH will hand over the respective form to the traveler.
6.2. As far as P.T.A. TOURS GmbH is an intermediary of connected travel services within the meaning of § 651 w Abs. 1 BGB, P.T.A. TOURS GmbH inform travelers in accordance with Article 251 of the Introductory Act to the Civil Code and hand over the respective form to the traveler.
7. Obligations of the traveler / forwarding of complaints
7.1. P.T.A. TOURS GmbH expressly points out to the traveler that the GTC of the respective provider as the contracting party of the traveler usually includes special obligations for the traveler in case of occurring deficiencies of the travel services or also in case of luggage loss or the like. This includes in particular the observance and compliance with specifications of the tour operator / service provider or the respective transport company in the handling of flights.
7.2. If the traveler does not comply with the obligations arising from this, this may lead to a (partial) loss of the traveler's claims against the provider.
7.3. Deficiencies in the placement service of P.T.A. TOURS GmbH must notify the traveler immediately and P.T.A. TOURS GmbH - as far as possible - opportunity to remedy.
7.4. P.T.A. TOURS GmbH is deemed to be authorized by the tour operator to accept notification of defects as well as other explanations of the traveler regarding the provision of travel services. P.T.A. TOURS GmbH must immediately inform the tour operator of such complaints and declarations of the traveler.
8. Liability of P.T.A. TOURS GmbH
8.1. P.T.A. TOURS GmbH is not liable for the consequences of unavoidable, exceptional circumstances such as wars, civil unrest, hijacking, terrorist attacks, fires, floods, of which the services of P.T.A. TOURS GmbH are influenced.
8.2. P.T.A. Furthermore, TOURS GmbH is not liable for the provision of travel services and / or for the placement success of the application submitted to him for the conclusion of a travel contract with the respective provider, but only for the fact that the mediation is carried out with the care of a prudent businessman. P.T.A. TOURS GmbH is not liable for loss, destruction or damage to travel documents, provided they have been sent to the traveler or have been handed over. P.T.A. TOURS GmbH is not liable for the information provided by the respective provider regarding the travel desired by the traveler and also not for the availability of travel services at the time of the conclusion of the contract or for service changes of the provider after conclusion of the arranged travel contract.
8.3. The aforementioned exclusions do not apply if P.T.A. TOURS GmbH incorrect and / or incorrect information was known or had to be known in the application of commercial and industry customary care. In that regard, the liability of P.T.A. TOURS GmbH for the knowledge of such circumstances to cases of intent or gross negligence.
8.4. For damage to life, body or health, as well as in cases of intent or gross negligence, upon assumption of a guarantee or in case of malice, the liability of P.T.A. TOURS GmbH unlimited. Likewise, there is an unlimited liability for booking errors in accordance with § 651x BGB or in cases of breach of insolvency insurance and / or information obligation in accordance with § 651w paragraph 4 BGB.
8.5. Incidentally, P.T.A. TOURS GmbH for damage caused by simple negligence, as far as the negligence concerns the breach of such contractual obligations, the compliance of which is important for the achievement of the purpose of the contract and on whose compliance the traveler regularly trusts or relies (so-called cardinal obligations). P.T.A. However, TOURS GmbH is only liable if these damages are typically associated with the contract and foreseeable. Liability in this case is limited to three times the value of the tourism services provided. In cases of negligent violation of non-essential secondary obligations, P.T.A. TOURS GmbH not.
8.6. The above limitations of liability also apply insofar as the liability for the legal representatives, executives and other vicarious agents of P.T.A. TOURS GmbH is concerned. Further liability is excluded regardless of the legal nature of the claim. As far as the liability of P.T.A. TOURS GmbH is excluded or limited, this also applies to the personal liability of its employees, employees, employees, representatives and other vicarious agents.
9. Privacy
9.1. P.T.A. TOURS GmbH is responsible under data protection law for the processing of the personal data of the travelers for the purpose of the contract execution acc. Art. 6 p. 1. para. 1 lit. b DS-GMO. The personal data of travelers are processed exclusively for the execution and processing of the booking. Personal data will not be disclosed to third parties for purposes other than performance of the contract without the traveler's consent. The data will be deleted as soon as they are no longer required for the purpose of their processing, unless RB has been granted a license pursuant to Art. 6 para. 1 lit. c DS-GVO is obliged to store for longer periods due to tax and commercial requirements for storage and documentation or the traveler is obliged to make further storage according to Art. 6 para. 1 lit. a DS-GVO has consented.
9.2. The current data protection law grants the traveler P.T.A. TOURS GmbH with regard to the processing of their personal data the following data subjects:
Right to information acc. Art. 15 DS-GVO, right to correction acc. Art. 16 DS-GVO, right to cancellation in accordance with Art. Art. 17 DS-GVO, right to restriction of processing in accordance with Art. Art. 18 DS-GVO, right to information acc. Art. 19 DS-GVO, right to data portability in accordance with Art. Art. 20 DS-GVO, right to revoke granted consent acc. Art. 7 para. 3 DS-GVO and the right to complain to the supervisory authority pursuant to Art. Art. 77 DS-GVO.
9.3. The traveler may contact P.T.A. TOURS GmbH at info@ptatours.de or to the address of P.T.A. TOURS GmbH Kaiserstrasse 66; D-41747 Viersen.
10. Dispute settlement proceedings before a consumer arbitration board
P.T.A. TOURS GmbH is not obliged to participate in dispute settlement proceedings before a consumer arbitration board and does not participate in a dispute settlement procedure before a consumer arbitration board.
11. Other provisions
The invalidity of individual provisions of these conditions does not result in the ineffectiveness of the entire conditions. Reference is made to § 306 BGB.
12. Address and registered office of P.T.A. TOURS GmbH (Intermediary of travel and services):
P.T.A. TOURS GmbH
Kaiserstrasse 66, D-41747 Viersen
Phone +49 (02162 / 359000
Fax +49 (0)2162 / 359002
info@ptatours.de
Amtsgericht Mönchengladbach, Handelsregister B, HRB 10111
CEO: Andrea Baumeister
www.ptatours.de
The status of these conditions is April 2018.