Dear Customer,

Please read these General Terms and Conditions carefully before booking your package tour, as by making your booking, you acknowledge them as binding. The following notices and conditions govern - where effectively agreed - the contractual relationship between you and INTERCONTACT Gesellschaft für Studien- und Begegnungsreisen mbH (hereinafter referred to as INTERCONTACT), in addition to the statutory provisions of §§ 651 a – y of the German Civil Code (BGB) and Articles 250 and 252 of the Introductory Act to the Civil Code (EGBGB). These General Terms and Conditions supplement and complete those provisions. They apply to all bookings made from July 1st, 2018 onwards.

Before concluding a package travel contract, we are required to inform you both about essential details of your package tour and about your rights under EU Directive 2015/2302. Information about your package tour can be found in the general and specific service descriptions of the trips and in these General Terms and Conditions. Information on your rights under EU Directive 2015/2302 is provided via the standardized information form, which we have included in our travel advertisements, travel offers, flyers, registration forms, and on our website.

Furthermore, for scheduled flights with international airlines, the respective terms and conditions of carriage of the operating airline apply. These terms are available on our website.

We recommend that every traveller take out travel cancellation insurance, travel interruption insurance, as well as travel health insurance including coverage of repatriation costs in the event of a medical transport.

1. Registration and Confirmation

By submitting your registration, you are making a binding offer to INTERCONTACT to conclude a package travel contract and at the same time confirm that you have taken note of the aforementioned pre-contractual information. Registration may be submitted in writing, by fax, or electronically. The registration is made by the person registering / group leader also on behalf of all participants listed in the registration. The basis for your travel registration is the travel offer as described in the travel brochure or on our website www.ic-gruppenreisen.de.

The package travel contract comes into effect with INTERCONTACT's acceptance. INTERCONTACT will declare its acceptance as soon as possible by sending a written travel confirmation. The electronic confirmation of receipt of the travel registration does not constitute acceptance of the package travel contract. If the travel confirmation is displayed immediately on screen after pressing the button "Book with obligation to pay", the package travel contract comes into effect with the display of this travel confirmation. The validity of the package travel contract does not depend on whether you make use of the option to save or print the travel confirmation or whether you receive the travel confirmation in paper form (by post). This means that a package travel contract has come into effect between you and INTERCONTACT, including all travellers listed in your registration.

If the content of the travel confirmation differs from the content of the travel registration, INTERCONTACT has made a new offer to conclude a contract. You then have the right to accept this offer within 7 days. INTERCONTACT is bound to this offer during that time. If you declare acceptance of the amended offer expressly in writing within these 7 days, or implicitly (by making a deposit or paying the travel price), the package travel contract is concluded on the basis of this amended offer.

According to statutory provisions, package travel contracts concluded via distance communication (e.g., by letter, telephone, email, telemedia, or online services) are not subject to a right of withdrawal. Only the legal rights of withdrawal and termination apply.

A right of withdrawal does, however, exist if the contract for travel services pursuant to § 651a BGB is concluded outside of business premises, unless the negotiations on which the conclusion of the contract is based were conducted on the consumer's prior request; in the latter case, no right of withdrawal exists.

2. Payment / Security Certificate

After receiving the travel confirmation/invoice, a deposit of 20% of the travel price is due immediately in accordance with §651 r BGB in conjunction with Art. 252 EGBGB. If you choose the payment method "bank transfer", INTERCONTACT expects the funds to be received by the agreed due date. Provided that we are willing and able to properly perform the contractual services, have fulfilled our legal information obligations, and no legal or contractual right of retention exists on your part, we are entitled, in the event of non-payment of the deposit, to withdraw from the package travel contract after issuing a reminder with a set deadline and to charge you withdrawal fees in accordance with section 5. Upon payment of the deposit, the full premium for any insurance arranged through INTERCONTACT also becomes due.

The remaining balance is due 30 days before the start of the trip without any further request for payment. Please be sure to observe the payment due date specified by date on your travel confirmation, as a delayed payment may result in the cancellation of your trip. If the agreed travel price has not been paid in full by the due date, INTERCONTACT is entitled to terminate the package travel contract and to claim compensation in the amount of the applicable cancellation fees, provided that at that time there is no travel defect justifying your withdrawal. INTERCONTACT is entitled to claim damages for non-fulfilment in accordance with §§ 280 para. 1, 3, 281 BGB.

If you booked your trip only 30 days or fewer before the start of the trip, full payment must be made immediately upon receipt of the travel confirmation together with the security certificate.

Along with the travel confirmation/invoice, you will receive a security certificate. To protect your customer funds, INTERCONTACT has taken out insolvency insurance with HanseMerkur Reiseversicherung AG, Siegfried-Wedells-Platz 1, 20354 Hamburg. The security certificate grants you a direct claim against the insurer in the event of the insolvency or financial collapse of INTERCONTACT.

3. Travel Program and Travel Price

The scope of the contractual services results from the description in the INTERCONTACT brochure, the INTERCONTACT offer, our website, and the related information in your travel confirmation. The same applies to the travel price to be paid by you. The travel prices are based on the transportation rates and exchange rates valid at the time of the travel advertisement or the travel offer. The services included in the travel price are specified in the program available to you.

Special requests can – insofar as they can be fulfilled – be considered for an additional charge. You may extend or modify the trip individually. In addition to the cost of the extra services, INTERCONTACT may charge a handling fee of € 50 per booking. In the case of individual modifications, there is no entitlement to reimbursement of partial amounts of the travel price of the booked trip.

Entrance fees to museums, churches, or cultural events such as theatre or musical performances are not included in the travel price and must be paid on site by you, unless they are expressly listed in the service description.

The costs for ancillary services such as visa procurement shall – unless otherwise stated – be borne by you and will be charged separately.

4. Changes to the Travel Program

a) Before Contract Conclusion

The brochure information as well as the details in the offer are binding for INTERCONTACT, insofar as they have become the basis of the package travel contract. However, INTERCONTACT reserves the right to make changes to the brochure details and/or travel description or offer for objectively justified reasons prior to contract conclusion, about which INTERCONTACT will of course inform you before booking.

In the case of round trips/cruises, changes to the travel itinerary are possible at any time, for example due to official regulations, special conditions in road or ship traffic, medical emergencies, or if, for safety reasons or due to weather conditions, a different route must be taken in the interest of the travellers’ safety. The decision regarding the necessary change to the travel route and/or travel times lies solely with INTERCONTACT.

In the event of a cancellation of a scheduled flight by the airline, or for example in the event of the airline’s failure to adhere to the schedule, a change in the airline, the aircraft, or the departure or return airport may become necessary. In such cases or for similar reasons, such changes or modifications are expressly reserved.

In accordance with the EU Regulation on informing air passengers of the identity of the operating airline, INTERCONTACT is obliged to inform you, at the time of booking, of the identity of the operating airline for all flight services included in the booked trip.

b) After Contract Conclusion

INTERCONTACT expressly reserves the right to make deviations and changes to individual travel services from the content of the package travel contract agreed upon, provided that these changes are minor within the meaning of § 651f para. 2 BGB and become necessary after contract conclusion.

If, due to circumstances arising after the conclusion of the contract, INTERCONTACT can only provide the booked trip with a significant change to one of the essential characteristics of the travel services (e.g., flight routes, stopovers or connecting flights, changes to train or flight schedules, or the travel itinerary), or only with a deviation from a specific contractual agreement made between INTERCONTACT and you, INTERCONTACT is entitled to offer you a corresponding contract modification or, at your option, participation in an alternative trip (replacement trip) before the start of the journey.

In such a case, upon receipt of our change offer, you have the right within 7 days to withdraw from the booked trip free of charge, to demand participation in a replacement trip, or to accept the offer to modify the contract. We will explicitly inform you of this deadline in the change notification.

If you do not inform us within the set deadline that you wish to withdraw from the package travel contract free of charge or that you request participation in a replacement trip, the offered change to the contract is considered accepted.

The modified service replaces the originally contractually owed service. Any warranty claims remain unaffected, insofar as the modified service is deficient.

5. Withdrawal, Rebooking, Transfer of Contract, Name Changes by the Traveler

a) Withdrawal

You may withdraw from the trip at any time before the start of the journey without stating any reasons. In your own interest and to avoid misunderstandings, INTERCONTACT recommends that you declare your withdrawal in writing. The relevant time for determining the date of withdrawal is the receipt of your withdrawal declaration by INTERCONTACT.

If you withdraw from the package travel contract or do not commence the trip, INTERCONTACT may demand reasonable compensation for the travel arrangements made and expenses incurred. In calculating this compensation, INTERCONTACT usually takes into account saved expenses and the usual possible alternative use of the travel services. You are free to prove that no costs or significantly lower costs than the flat rates or cancellation rules listed below have been incurred.

The amount is based on the travel price. As a rule, the following cancellation fees, which INTERCONTACT must charge in the event of your withdrawal from the trip, apply per registered participant as a percentage of the travel price:

• Up to the 60th day before departure: 20% per person
• From the 59th to the 30th day before departure: 30% of the travel price
• From the 29th to the 22nd day before departure: 50% of the travel price
• From the 21st to the 15th day before departure: 70% of the travel price
• From the 14th to the 7th day before departure: 85% of the travel price
• From the 6th day before departure or in case of no-show: 90% of the travel price

For flight tickets without additional travel arrangements, 100% of the ticket price will be charged as cancellation fees in the event of withdrawal or no-show. Taxes and fees on the flight ticket will be refunded.

INTERCONTACT reserves the right to demand a higher, specifically calculated compensation instead of the flat rates stated above, if INTERCONTACT can prove that it incurred significantly higher expenses than the applicable flat rate. In such cases, INTERCONTACT is obliged to itemize and justify the requested compensation.

Notwithstanding section 5.a), INTERCONTACT may not claim compensation if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity that significantly affect the performance of the package trip or the transportation of persons to the destination.

b) Rebooking

Rebookings are excluded. Any change to the travel date, travel destination, departure location, hotel/cruise/tour program, or mode of transportation is considered a rebooking and is treated as a withdrawal followed by a new registration.

c) Transfer of Contract Pursuant to § 651e BGB

Up until the start of the trip – allowing for a reasonable period for organizational measures, which must be acceptable for INTERCONTACT – you may request that a third party assume your rights and obligations under the package travel contract. INTERCONTACT may object to the entry of the third party if that person does not meet the special travel requirements or if legal regulations or official orders oppose their participation.

If a third party enters into the contract, both they and you shall be jointly and severally liable to INTERCONTACT for the travel price and for any additional costs incurred due to the third party’s entry into the contract, in particular for changes to flight tickets and fees charged by service providers. These additional costs are only payable if they have actually arisen and are proven to you by INTERCONTACT. INTERCONTACT will charge a handling fee of EUR 150 per person.

Declarations of withdrawal, rebooking, and contract changes should, in your interest and for evidentiary reasons, be made in writing whenever possible.

d) Name Change

At the time of booking, INTERCONTACT must be provided with your full name, including all first and last names, as well as the full names of all co-registered travellers, exactly as stated in their valid passports. After travel confirmation by INTERCONTACT, name changes are only permitted for a processing fee of € 50 per person.

Name changes for scheduled flights are only possible in exceptional cases and upon request; after ticket issuance, INTERCONTACT charges a name change fee of € 100 per person. Depending on the availability of flight seats, additional airfare supplements may apply.

6. Withdrawal and Termination by INTERCONTACT

INTERCONTACT may withdraw from the package travel contract before the start of the trip or terminate the package travel contract after the start of the trip in the following cases:

a) Up to 31 days before the start of the trip

If the minimum number of participants is not reached, provided that a reference to a minimum number of participants was included in the INTERCONTACT description for the respective trip. The withdrawal declaration will be sent to you without delay, and any deposit will be refunded immediately.

b) Without adherence to a deadline

If you, despite a warning from INTERCONTACT, persistently disrupt the conduct of the trip or behave in such a seriously non-contractual manner that the immediate termination of the contract is justified. INTERCONTACT retains the right to the travel price but will deduct the value of saved expenses as well as any benefits obtained from the alternative use of unused services, including any refunds received by INTERCONTACT from service providers.

c) Due to behaviour

If you are found to be carrying or attempting to carry weapons, ammunition, explosive or flammable substances or similar; furthermore, if you consume or possess drugs, or commit criminal offenses during the trip. A justified termination also applies in cases where an attempt of such acts is established.

d) In case of false personal information

If you have booked under false details regarding your identity, address, and/or identification documents, or if your name appears on relevant anti-terror lists of the EU or OFAC (Office of Foreign Assets Control).

7. Termination of the package travel contract due to unavoidable, extraordinary circumstances

If INTERCONTACT is prevented from carrying out and fulfilling your package travel contract before the start of the trip as a result of unavoidable, extraordinary circumstances, INTERCONTACT may declare its withdrawal from the contract to you immediately after becoming aware of the reason for withdrawal.

In such a case, INTERCONTACT will refund the travel price paid within 14 days.

INTERCONTACT reserves the right to demand reasonable compensation for travel services already rendered or still to be rendered.

8. Warranty

a) Notification of Defects / Remedy

If the trip is not provided in accordance with the contract, you must notify INTERCONTACT of the defect without undue delay. If you culpably fail to report the defect, you are no longer entitled to assert your rights to a price reduction or compensation.

You must allow INTERCONTACT a reasonable period to provide a remedy, unless immediate remedy is necessary or is refused by INTERCONTACT. INTERCONTACT may remedy the situation by providing an equivalent or higher-value substitute service.

You may also direct your request for remedy directly to INTERCONTACT at:

INTERCONTACT Gesellschaft für Studien- und Begegnungsreisen mbH
In der Wässerscheid 49
53424 Remagen
Germany

Tel.: +49 (0)2642 2009-0
Fax: +49 (0)2642 2009-38
Email: info@ic-gruppenreisen.de

Please note that if you report a defect to your travel agent outside their business hours, immediate forwarding to INTERCONTACT for prompt handling of your remedy request cannot be guaranteed.

Tour guides, agencies, and employees of service providers are not authorized and have not been empowered by INTERCONTACT to confirm defects or to acknowledge claims against INTERCONTACT.

b) Reduction of the Travel Price, § 651m BGB

You may request a reduction of the travel price proportionate to the value of the deficient service (reduction) if, despite your request for remedy (see 8.a), the travel services or substitute services accepted by you were not provided in accordance with the contract.

c) Termination of the Package Travel Contract, § 651l BGB

If INTERCONTACT fails to provide a remedy within a reasonable period or declares that remedy is not possible, and if the trip is significantly impaired as a result of the non-conforming performance of services, you may terminate the package travel contract. If the contract is subsequently terminated, you retain the right to return transportation if the contract included transportation. The additional costs of return transportation must be borne by INTERCONTACT.

Cases involving unforeseeable, extraordinary circumstances that do not relate to services provided by INTERCONTACT do not entitle the customer to withdraw from the package travel contract free of charge.

d) Compensation, § 651n BGB

If INTERCONTACT culpably breaches obligations under the package travel contract, INTERCONTACT is obligated to compensate you for any resulting damages. If the trip is thereby frustrated or significantly impaired, you may—after unsuccessfully requesting remedy (see 8.a)—also demand reasonable monetary compensation for wasted vacation time.

9. Limitation Period

Your claims arising from the non-conforming provision of the trip become time-barred after 2 years. The limitation period begins on the day the trip was contractually scheduled to end (§ 651j BGB). Claims based on tort (unlawful acts) become time-barred after three years.

10. Liability of INTERCONTACT

INTERCONTACT is liable, within the scope of the duty of care of a prudent merchant, for:

• a) the conscientious preparation of the trip,
• b) the careful selection and supervision of service providers,
• c) the accuracy of the service descriptions, but not for information contained in local brochures, hotel brochures, or other brochures not issued by INTERCONTACT that may be included in your travel documents by INTERCONTACT,
• d) the proper provision of the travel services contractually agreed upon.

11. Limitation of Liability

a) Contractual

INTERCONTACT’s contractual liability is limited to three times the travel price for damages that are not bodily injuries (this also includes liability for the violation of pre-contractual, collateral, or main contractual obligations), provided that the damage was not caused intentionally or by gross negligence on the part of INTERCONTACT. This limitation of liability also applies insofar as INTERCONTACT is solely responsible for a damage incurred by you due to the fault of a service provider.

b) Statutory

A claim for damages against INTERCONTACT is limited or excluded insofar as, due to statutory provisions applicable to services to be rendered by a service provider, the liability of that provider is also excluded or limited. Insofar as INTERCONTACT acts as a contractual air carrier, liability is governed by the relevant provisions of the German Aviation Act (Luftverkehrsgesetz) in conjunction with the international conventions of Warsaw, The Hague, Guadalajara, and the Montreal Convention. These generally limit the liability of the air carrier for death or bodily injury as well as for loss or damage to baggage.

c) For Third-Party Services

INTERCONTACT is not liable for service disruptions in connection with services that are arranged by INTERCONTACT as third-party services only (e.g., sports events, theatre visits, exhibitions, excursions, etc.) and are expressly identified as third-party services in the travel description (optional services).

12. Passport, Visa, Currency, Customs, and Health Regulations

INTERCONTACT is responsible for informing you about passport, visa, and health requirements, as well as any possible changes to these regulations prior to the start of the trip. This information may also be provided by your travel agent (§ 651v para. 1 sentence 1 BGB).

Every traveller (including children) from EU countries and Switzerland must carry a machine-readable passport (ePassport) that is valid for at least six months after the end of the trip; this also applies to travel within Europe.

INTERCONTACT is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic mission, even if INTERCONTACT was tasked by the traveller with obtaining them – unless INTERCONTACT is responsible for the delay.

You are responsible for complying with all regulations important for carrying out the trip. Any disadvantages, especially the payment of cancellation fees, resulting from non-compliance with these regulations are at your expense, except where caused by culpable incorrect or missing information from INTERCONTACT.

Should you fail to comply with passport, visa, health, or other entry regulations of individual countries for reasons attributable to you, or should a visa not be issued in time due to your own fault, thus preventing you from participating in the trip, INTERCONTACT may refuse transport or onward travel without being liable for compensation and may charge you the corresponding compensation fees as per section 5.a) of these travel conditions.

In such cases, you have the right to prove to us that no damage occurred or that the damage incurred is significantly lower than the asserted amount.

If entry fees or similar charges are required for entering a country included in the itinerary, or if paid travel documents (e.g., visa) are required and INTERCONTACT has undertaken to obtain them for all passengers, INTERCONTACT is entitled to charge you the corresponding incurred and advanced costs.

13. Insurance

Travel insurance, including travel cancellation insurance, must be taken out by you personally, unless it is included in the travel price and explicitly stated in the service description. The general insurance conditions of the respective insurance provider apply.

14. Exclusions and Restrictions on Transportation

Minors (under 18 years of age) may only travel when accompanied by an adult (at least 18 years of age). Infants under 6 months of age will not be transported for safety reasons. Pregnant women who have reached the 24th week of pregnancy will not be transported. Pregnant women must be able to present a medical certificate confirming their fitness to travel and stating the expected due date. INTERCONTACT is not liable for any pregnancy complications that may occur during the trip.

All travel offers from INTERCONTACT are generally not barrier-free. Nevertheless, INTERCONTACT endeavors, in individual cases and after review, to enable access to travel offers for travellers with physical or medical conditions that require special care. These travellers must inform INTERCONTACT of their limited mobility when making the booking inquiry.

INTERCONTACT reserves the right to refuse passengers who, in INTERCONTACT’s judgment, should not undertake the trip due to mental or physical reasons, or who require care that INTERCONTACT cannot provide.

Any traveller with a disability must be able to care for themselves and must travel with a companion who can assist them in all matters throughout the trip. Wheelchairs must be brought by the travellers themselves and should be small and foldable.

15. Data Protection

In the course of your booking, you provide INTERCONTACT with personal data, which INTERCONTACT requires in order to process the trip. INTERCONTACT processes the booking in compliance with the applicable data protection regulations on the basis of the General Data Protection Regulation (GDPR).

INTERCONTACT uses your personal data to fulfill your orders, requests, and preferences, and, where applicable, for its own market research purposes. INTERCONTACT will only use this data for product-related surveys and marketing purposes if you have previously given your consent.

INTERCONTACT points out that it uses your personal data – such as name, address, and/or email address – for the occasional distribution of information, e.g., newsletters by email and/or postal mail. Your data will only be used for the purpose of sending such information if you have requested it via an INTERCONTACT website. You may object to the use of your data for these purposes at any time by unsubscribing from the mailing.

Personal data is only passed on to companies involved in the booking. Without your explicit consent or a legal obligation, INTERCONTACT will not disclose your data to third parties.

Further details can be found in our privacy policy at:
https://www.ic-gruppenreisen.de/data-protection.html

16. Information on Consumer Dispute Resolution

With regard to the Act on Alternative Dispute Resolution in Consumer Matters, INTERCONTACT points out that it does not participate in voluntary consumer dispute resolution procedures. Should consumer dispute resolution become mandatory for INTERCONTACT after the printing of these Terms and Conditions, INTERCONTACT will inform consumers accordingly in an appropriate manner.

For all contracts concluded by electronic legal transactions, INTERCONTACT refers to the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/

17. Jurisdiction / Applicable Law

The place of jurisdiction for legal action against INTERCONTACT is Remagen, Germany. The contractual relationship between you and INTERCONTACT is governed exclusively by German law. This also applies to the entire legal relationship.

In cases where legal action is brought against INTERCONTACT abroad and the liability of the tour operator is not governed by German law, the legal consequences – especially regarding type, scope, and amount of customer claims – shall be governed exclusively by German law.

18. Invalidity

The invalidity of individual provisions of the package travel contract does not result in the invalidity of the entire package travel contract.

Tour Operator

INTERCONTACT Gesellschaft für Studien- und Begegnungsreisen mbH
In der Wässerscheid 49
53424 Remagen, Germany

Tel.: +49 (0)2642 2009-0
Fax: +49 (0)2642 2009-38
Email: info@ic-gruppenreisen.de

Registered at: Amtsgericht Koblenz
Commercial Register: HRB 12374
VAT ID No.: DE 149271623

Managing Directors
Peter Zieger
Tim Zieger

– As of June 2018 –