General Businessconditions

Terms and conditions of the B & V Envents GmbH & Co. KG


(status of 11.05.2011)

Dear Customer, Thank you for your interest in the offers of the BV Events GmbH & Co. KG. We are pleased that you have chosen one of our offers. For the protection of your interests as a customer and our interests are suppliersthere are the general Terms and Conditions. Please read these carefully before booking. If you have any questions or anything is unclear, please contact us.

§ 1 Area of application- Contract

(1) Our general terms and conditions are valid for the provision of travel services in accordance with the contract finalized between us and the passenger.
(2) Exclusively our General Terms and Conditions are valid.

We do not accept any conflicting terms and conditions of our customers unless we have expressly agreed upon their validity in writing. Our general terms and conditions apply even if we provide services to the customer unconditionally even though we are aware of conflicting or differing terms and conditions of the customer. Deviating agreements and verbal agreements are only effective when we confirm them in writing or by fax or email.

 (3) Our terms and conditions apply both to consumers and to companies, unless a distinction is made ​​in the relevant clause.

 § 2 Offer and contract conclusion


The contract comes by the traveler's reservation request and appropriate booking confirmation by us.

 

§ 3 Prices and Payment


(1) The participant is obliged to pay the agreed prices for booked travel services.
(2) Conclusion of the contract will be delivered against an acknowledgment of a security certificate and a deposit of 20% of the total price   payable.The deposit willbe credited on the travel price.The remaining fee is payable when it is clear that the journey is booked - either the other travel documents are carried out and ready to be delivered to the traveller or the travel agency has sent its agreement.The balance must be paid at the latest 30 days before arrival.
(3) The prices includes the applicable VAT.If the period between the conclusion and performance of the contract is more than four months and the transportation costs or charges for certain services such as port or airport fees increase, then the price agreed in the scope may change, such as the increase per person or per seatover the rating impac.About a change of the price we will inform the traveler immediately. A price change is possible only until 21 days before the departure. If the price of the travel increases more than 5% the traveller is entitled, without charge, to cancel his travel contract, or to require the participation to another equivalent travel from our program if we are able to propose such offer.The traveller shall assert his rights against the Tour Operator immediately after being notified by the Tour Operator about the price increases and/or the change to the holiday service.

(4) if up to thedeparturethetrip priceis not paid in full, after due notice anda reasonable periodtopay thefull price, thecontractwill be dissolved.
Asdue to cancellation of the traveler, a compensation is then payable (see (1) of these Terms and Conditions), except if, at that point, it already exists a considerable shortage of time to the travel.

§ 4 Changes to travel servicesand prices

(1)  Changes and alterations to individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and were not caused by us in good faith, are only permitted if they are not substantial and do not affect the overall nature of the tour booked.

(2) A change of the travel servicesis to be explained to the passenger immediately afterour knowledge.

(3) In case of a significant change of an essential service, the traveler is entitled to request to participate to another trip at least equivalent to the trip of our program if we are in a position to offer one, without resigning fees of the trip contract. The traveler shall assert the aforementioned rights against us immediately after being notified by us about the change of the travel service.

§ 5 Liability for defects


(1) We are liable for defects in accordance with the travel regulations.
(2) Our tour guide is not authorized to accept claims.
(3) The traveler does not receive guarantees in the legal sense by us.
(4) Claims for defects expire in a year starting with the date of the end of the journey to the contract.

(5) Fordamagesdue to a defect§ 6 applies.

 

§ 6 Liability for damages



(1) Our liability for breaches of contract and in tort is limited to intent and gross negligence. This does not apply to injury to life, body and health of our community, and claims for breach of contractual obligations, that is, of obligations arising from the nature of the contract and the breach of the purpose of the contract is endangered. In that regard, we are liable for any degree of fault.

(2) If we are liable for other damages due to the travel contract, our liability shall be limited to three times the price. This limitation applies even if the occurrence of the damage was caused by the fault of a service provider.

(3) Our contractual liability is generally limited or excluded to the extent. Due to international agreements or the statutory regulations that apply to a service provider of services to be provided, the liability also excluded or limited

(4) For all claims for damages in tort, are not based on intent or gross negligence, we shall each passenger on each trip to € 4,100.00 for damage to property or to the amount of three times the tour if it exceeds € 4,100.00.

(5) If the liability for damages that are not based on injury to life, body and health of our community, not for ordinary negligence is excluded, such claims shall expire within one year, starting with the origin of the claim.

 

§ 7 Liability for third party services


(1) The Tour Operator is not liable for interruptions to services, personal injury and damage to property related to services for which the Tour Operator acted merely as agent and only mediated services rendered by an outside party (ex: trips, shows, helicopter rides, sports cars, cruises, arranging car hire, power boat trips, theatre visits, transport services to and from and to the advertised places of departure and destinations)), if these services were explicitly designated in the holiday description and the booking confirmation as services rendered by an outside party stating the arranging contractual partner so clearly that they are discernible to the customer as not being part of the holiday performance of the Tour Operator.

(2) however we shall be liable for services which represent the transportation of travellers from the advertised place of departure of the holiday to the advertised destination, interim transport during the journey and accommodation during the journey, as well as if and as far as the damage suffered by a customer was causally due to the Tour Operator breaching his obligations to inform, advise and organise.

 

§ 8 Resignation of the traveler / Cancellation


(1) Passengers can cancel his travel at any time prior to travelling by giving written notice of the contract.
(2) If the traveler cancels the contract, we can demand appropriate compensation for the travel arrangements and expenses. The retirement benefit amounts
a - flat rate packages, air travel and hotel bookings:
• Up to 30 Day before departure 20%
• 29 to 22 Day before departure 30%
• 21 to 15 Days prior to departure 35%
• of 14 to 8 Day before departure 50%
• of 7 by 1 Days prior to departure 80%
• from the date of departure and no show of the tour 90% of the price

b.- flatrateapartments:
• Up to 45 Day before departure 20%
• between 44 and up to 35 Day before departure 50%
• from 34th by 1 Days prior to departure 80%
• • from the date of departure and no show of the tour 100% of the price.
 

The traveller is entitled to provide proof that no or significantly lower costs were incurred in the context of the cancellation or no-show than the costs imposed by the Tour Operator when implementing the flat rates

 (3) We reserve the right, notwithstanding the above packages higher, to demand a concrete compensation. In this case, we are committed to the required compensation, taking into account the cost savings and a possible, other use of the travel services to be precisely measured and documented.

 

§ 9 Withdrawal of the tour operator due to not achieving the minimum number of participants


(1) We are entitled to cancel the contract if the minimum number of participants specified in the catalog or the in the confirmation is not reached.

We have to declare the cancellation to the passenger as soon as possible before the due date of the remaining travel costs, but latest 14 days prior to the departure date.
Should already be evident at an earlier time that the minimum number of participants can not be achieved, we shall immediately exercise our right of rescission.
(2) The traveller after becoming aware of the Tour Operator’s notice of cancellation will be immediately refunded the price paid for the holiday if he does not exercise his right to book a holiday of equal value that we can offer.

§ 10 Termination for Force Majeure and behavioral forms.

 

(1) If, after conclusion of the contract, the trip is substantially impaired, jeopardised or adversely affected as the result of force majeure not foreseeable, either party may terminate the travel contract. With regard to the rescission, § 651j paragraph 2 BGB.

(2) We can cancel the contract without notice if the passenger persistently disturbs despite a warning by us or if he acts contrary to the contract in such a degree that the immediate cancellation of the contract is justified.

In thiscase of cancellation, we must however, reserve the right to deduct  from the tour price, the value of the saved expenses and the benefit that we received for any other use of not obtaining unclaimed services, including the amounts refunded by the service providers to the customer.

 

 § 11 Form of statements

Relevant statements and advertisements, which the traveler must submit to us or a third party must be in written form.

 

§ 12 Place of Performance, Applicable Law, Jurisdiction


(1) Unless the contract states otherwise, payment and fulfilment place is our registered place of  business. The statutory provisions on the jurisdiction shall remain unaffected, if something else doesn’t result from the specific provisions of § 11

indicates otherwise.
(2) For the present contract is valid the right of the Federal Republic of Germany. This is not valid, if special consumer protection regulations are more favorable in the homeland of the customer (Article 6 of Regulation (EC) 593/2008).
 (3) The sole place of jurisdiction for any legal action against a contract partner to a travel contract who is a trader or merchant, a natural or legal person, whether public or private, public-owned corporations,is agreed as the place where our place of business is based.

For contracts with consumers the exclusive area of jurisdiction for all disputes arising from the present contract is our registered place of business, if the consumer does not have a general area of jurisdiction in Germany or in another European Union member state.

§ 13


(1) Where B & V Events GmbH & Co. KG  has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with B&V Events GmbK & Co.KG
 
(2) If there is any contradiction between what the original German language version of the Terms says and what a translation says, then the German language version shall take precedence.

B & V Events GmbH & Co. KG

Mananging Director: Britta Bässe und Francesca Villaggio

Südermarkt 9

24937 Flensburg

Commercial Register: HRA 7276 FL District Court: Flensburg
VAT number: 15/287/04808
Telephone: +49 (0) 461 679 091
E-mail: info@cotedazur-events.com
Web: www.cotedazur-events.com
© 2011 Events BV GmbH & Co. KG