Termes & Conditions
General Terms and Conditions (GTC) of Ulrike Rios Reise und Fotografie
(as of December 29, 2021)
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At this point I would like to inform you about my general terms and conditions, which supplement the legal provisions of §§ 651a-y BGB and, as far as effectively agreed, are part of the package travel contract concluded between you and me. Please take your time and read the conditions carefully. If you have any questions, I'll be happy to answer them.
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1 Conclusion of the package travel contract
1.1. With the travel registration, the travel customer offers me, Ulrike Rios Reise und Fotografie, hereinafter: Ulrike Rios Reise und Fotografie, the conclusion of a binding package travel contract. The registration can be made in writing, electronically, verbally or by telephone. The contract is concluded with the acceptance by Ulrike Rios Reise und Fotografie. Acceptance requires no specific form. At or immediately after the conclusion of the contract, Ulrike Rios Reise und Fotografie will provide the travel customer with a travel confirmation on a durable medium.
1.2. If the content of the travel confirmation differs from the content of the registration, then there is a new offer from Ulrike Rios Reise und Fotografie, to which Ulrike Rios Reise und Fotografie is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the traveler expressly declares acceptance or makes a down payment or the travel price within the binding period.
1.3. The travel customer is responsible for all contractual obligations of fellow travelers for whom he makes the travel booking as for his own, provided that he has accepted this obligation through an express and separate declaration.
2 payment
2.1. Payments on the travel price before the end of the trip may only be requested or accepted if there is a customer money protection contract for Ulrike Rios Reise und Fotografie, Ulrike Rios Reise und Fotografie informs the travel customer about this in accordance with § 651t BGB and the travel customer has previously received a security certificate within the meaning of § 651r para. 4 BGB is handed over.
After conclusion of the contract and handover of the security certificate, a deposit of 15% of the travel price is due.
2.3. The remaining payment of the travel price is due 4 weeks before the start of the trip, provided that the trip is no longer scheduled according to Section 5.1. can be cancelled. In the case of short-term bookings (less than 4 weeks before the start of the trip), the travel price, unless a cancellation according to Section 5.1. more can be done, is due immediately when the travel documents are handed over. If a rejection according to clause 5.1. possible, the final payment is only due upon expiry of the cancellation period, but no earlier than 4 weeks before the start of the trip.
2.4. If the customer is in arrears with the deposit or the final payment, Ulrike Rios Reise und Fotografie is entitled, after a reminder with an unsuccessful deadline for payment and the threat of withdrawal, to withdraw from the contract and to demand compensation in the amount of the agreed flat-rate compensation (see Section 4.2.). .
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3 Service and Price Changes
3.1. Changes to individual travel services from the agreed content of the package travel contract, which become necessary after the conclusion of the contract and which were not brought about by Ulrike Rios Reise und Fotografie in bad faith, are only permitted if the changes are not significant and do not affect the overall design of the booked trip.
3.2. A declaration of changes to travel services can only be made before the start of the trip. Ulrike Rios Reise und Fotografie is obliged to inform the customer about changes immediately after becoming aware of the reason for the change on a durable medium. In the event of a significant change in the contract, Ulrike Rios Reise und Fotografie will also inform you about the effects of the change on the travel price in accordance with § 651g III S. 2 BGB. Significant changes cannot be made without the consent of the travel customer, reference is made to the provisions of §§ 651f and g BGB.
3.3. In the event of a significant change in an essential travel service, the travel customer is entitled to withdraw from the contract free of charge or the travel customer can request participation in a replacement trip if Ulrike Rios Reise und Fotografie offers such a trip.
3.4. Significant changes to the contract are only permitted with the consent of the travel customer. Ulrike Rios Reise und Fotografie informs the travel customer about changes to the contract, including the reasons, immediately after learning of the reason for the change on a permanent data carrier. Ulrike Rios Reise und Fotografie can demand from the travel customer that he accepts the offer of a significant contract change or declares his withdrawal from the contract within a reasonable period of time determined by Ulrike Rios Reise und Fotografie. After the period set by Ulrike Rios Reise und Fotografie has expired, the offer to make a significant change to the contract is deemed to have been accepted. Ulrike Rios Reise und Fotografie can also offer the travel customer the option of participating in a replacement trip by offering a significant contract change.
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4 Cancellation by the travel customer, substitute traveler and important insurances
4.1. The travel customer can withdraw from the trip at any time before the start of the trip. The receipt of the declaration of withdrawal by Ulrike Rios Reise und Fotografie is decisive. The customer is recommended to declare the cancellation in writing.
4.2. If the travel customer withdraws from the package travel contract (cancellation) or does not start the trip, Ulrike Rios Reise und Fotografie loses the right to the travel price, but can demand flat-rate compensation in accordance with Section 651h II BGB. The compensation claim is calculated taking into account the following compensation flat rates. The cancellation costs per customer are:
- up to 30 days before departure 25% of the travel price
- from 29 to 20 days before departure 30% of the travel price
- from the 19th to 10th day before departure 50% of the travel price
- from the 9th to the 2nd day before departure 75% of the travel price
- 90% of the travel price from the 1st day before the start of the journey or in the event of no-show
The key date for the calculation is the receipt of the declaration of withdrawal. The travel customer is at liberty to prove to Ulrike Rios Reise und Fotografie that Ulrike Rios Reise und Fotografie has suffered no or significantly less damage than the flat-rate cancellation costs. If the damage suffered by Ulrike Rios Reise und Fotografie is less or if the flat rates are not applicable, Ulrike Rios Reise und Fotografie will calculate the damage specifically by calculating the compensation according to the travel price minus the value of the expenses saved by Ulrike Rios Reise und Fotografie and minus the , which Ulrike Rios Reise und Fotografie acquires through other use of the travel services. In the event of withdrawal, Ulrike Rios Reise und Fotografie is obliged to immediately refund the travel price minus the claim for compensation.
4.3. If the travel customer withdraws because of unavoidable, extraordinary circumstances at the destination or in its immediate vicinity that significantly affect the implementation of the package tour or the transport of people to the destination, Ulrike Rios Reise und Fotografie cannot claim any compensation and will pay the travel price immediately back to the customer. Reference is made to § 651h III BGB.
4.4. Until the start of the trip, the travel customer can request that a third party take over the rights and obligations arising from the package travel contract; reference is made to the provisions of § 651e BGB. Ulrike Rios Reise und Fotografie can object to the entry of the third party if they do not meet the special travel requirements or their participation is contrary to legal regulations or official orders. In the event of a contract transfer, the original traveler and the substitute participant are jointly and severally liable for the travel price and the additional costs incurred through the entry of the third party. Ulrike Rios Reise und Fotografie must provide the travel customer with proof of the amount of additional costs incurred as a result of the replacement traveller.
4.5. We recommend taking out travel cancellation insurance (e.g. ERV, www.reiseversicherung.de) and insurance to cover the costs of support including return transport in the event of accident, illness or death (e.g. ERV, www.reiseversicherung.de).
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5 Cancellation by Ulrike Rios Reise und Fotografie (not reaching the minimum number of participants etc.)
5.1. Ulrike Rios Reise und Fotografie can only withdraw from the contract if the advertised minimum number of participants is not reached
a. the minimum number of participants is specified in the pre-contractual information and travel description and the time by which the traveler must have received the declaration before the contractually agreed start of the travel is specified and
b. this information is clearly and legibly referred to in the travel confirmation. A withdrawal must be declared no later than on the day that was named to the travel customer in the pre-contractual information and the travel confirmation. Reference is made to the regulations on the withdrawal periods in accordance with § 651h IV BGB. If Ulrike Rios Reise und Fotografie withdraws from the trip, the customer will be reimbursed payments made towards the travel price immediately.
5.2. It is pointed out that Ulrike Rios Reise und Fotografie has the right to withdraw from the contract due to unavoidable, extraordinary circumstances in accordance with § 651h IV No. 2 BGB.
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6 Warranty
6.1. If travel services are not provided in accordance with the contract, the travel customer can request remedial action. The defect must be reported immediately to Ulrike Rios Reise und Fotografie.
6.2. For the duration of a non-contractual provision of the trip, the travel customer can demand a corresponding reduction in the travel price. The reduction does not occur if the travel customer culpably fails to report the travel defect and Ulrike Rios Reise und Fotografie cannot remedy the situation as a result.
6.3. If the trip is significantly impaired as a result of a defect, the travel customer can terminate the package travel contract in accordance with § 651l BGB. However, a cancellation of the package travel contract by the travel customer is only permissible if Ulrike Rios Reise und Fotografie does not remedy the situation after the travel customer has set a reasonable deadline for this. There is no need to set a deadline if the remedy is impossible, is refused by Ulrike Rios Reise und Fotografie or if the immediate termination is justified by a special interest of the travel customer.
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7 Liability
7.1. The contractual liability of Ulrike Rios Reise und Fotografie for damage that is not bodily harm is limited to three times the travel price, insofar as Ulrike Rios Reise und Fotografie is not culpable for causing damage.
7.2. Excursions (including visits to the theatre, sporting events, etc.), transport services, sporting activities and rental cars (including motorcycles) offered and booked on site by travel customers or other people organized at the holiday destination are not part of the package travel contract between the travel customer and Ulrike Rios Reise und Fotografie; Ulrike Rios Reise und Fotografie assumes no liability for such services.
7.3. The customer travels in the motor vehicle on excursions at his own risk and limits his claims against the driver and owner of this motor vehicle to compensation for accident damage that is to be compensated for by insurance benefits.
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8 Duty of the travel customer to cooperate
The travel customer is obliged to cooperate in the event of service disruptions within the framework of the statutory provisions, to avoid any damage or to keep it to a minimum. The travel customer is obliged to inform Ulrike Rios Reise und Fotografie of the complaint immediately. If the travel customer culpably fails to report a defect, a claim for a price reduction (Section 651m BGB) and compensation (Section 651n BGB) does not apply if Ulrike Rios Reise und Fotografie was unable to remedy the defect due to the lack of notification. This does not apply if the notification is clearly futile or unreasonable for other reasons.
9 Duty to assist Ulrike Rios Travel and Photography
If the travel customer finds himself in difficulties, Ulrike Rios Reise und Fotografie must immediately and appropriately provide him with assistance. Reference is made to § 651q BGB. The travel customer is recommended to contact Ulrike Rios Reise und Fotografie immediately in a corresponding situation using the contact details given in Section 16.
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10 Registration of Claims and Statute of Limitations
10.1. The travel customer must assert claims for non-contractual provision of the trip to Ulrike Rios Reise und Fotografie at the address given in Section 16. It is recommended that the claim be made in writing.
10.2. Claims of the travel customer due to travel defects according to § 651i III BGB expire in two years. The limitation period begins on the day on which the package tour should end according to the contract.
11 Entry, Visa and Health Regulations
11.1. With the travel documents, the travel customer receives information about passport and entry regulations. This information generally applies to citizens of the Federal Republic of Germany. Citizens of other countries please state their nationality when booking, so that Ulrike Rios Reise und Fotografie can inform the travel customer about the relevant regulations.
11.2. If travel documents have to be issued or extended or visas have to be obtained, the travel customer is responsible for this himself. If a travel document is not available or is issued too late and the customer has to cancel the trip, the cancellation provisions apply.
11.3. The travel customer is responsible for compliance with entry, health, customs and foreign exchange regulations. It is recommended to check the completeness of the necessary documents before departure and to carry myself.
11.4. It is recommended that the traveler seek the advice of a general practitioner regarding vaccinations, health regulations and health care.
11.5. Ulrike Rios Reise und Fotografie points out that the travel customer must bear the cancellation costs if entry is refused. Likewise, Ulrike Rios Reise und Fotografie expressly points out the legal consequences of importing prohibited goods.
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12 Choice of Law and Venue
12.1. German law applies exclusively to the contract and the legal relationship between the travel customer and Ulrike Rios Reise und Fotografie. Insofar as German law is not applied for the liability reason in the case of complaints by the travel customer against Ulrike Rios Reise und Fotografie abroad, German law shall apply exclusively with regard to the legal consequences, for example with regard to the type, scope and amount of claims by the travel customer.
12.2. The place of jurisdiction for Ulrike Rios travel and photography is Sulingen
12.3. For lawsuits by Ulrike Rios Reise und Fotografie against the travel customer, the place of residence of the travel customer is decisive, unless the lawsuit is directed against registered traders or persons who do not have a general place of jurisdiction in Germany, or against persons who have their place of residence after the conclusion of the contract or have moved their habitual residence abroad, or whose domicile or habitual residence is not known at the time the action is filed. In these cases, the place of jurisdiction is Sulingen.
12.4. The provisions of No. 12.1. until 12.3. do not apply if and to the extent that contractually non-binding provisions of international agreements that apply to the package travel contract between the travel customer and Ulrike Rios Reise und Fotografie result in something else in favor of the travel customer or if and to the extent that non-binding provisions apply to the package travel contract in the EU member state to which the customer belongs are more favorable for the customer than the regulations in these terms and conditions or the applicable German regulations.
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13 Arbitration Procedures
Ulrike Rios Reise und Fotografie does not take part in a dispute settlement procedure before a consumer arbitration board. For information on package travel contracts concluded in electronic legal transactions, reference is made to the following online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE
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14 Miscellaneous Provisions
14.1. The invalidity of individual provisions of these conditions does not result in the invalidity of the entire conditions. Reference is made to § 306 BGB.
14.2. The status of these conditions is December 2021
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15 Privacy
The protection of the personal data of the travel customers of Ulrike Rios Reise und Fotografie is maintained. The detailed data protection regulations of Ulrike Rios Reise und Fotografie and the corresponding rights of the travel customer can be found at: https://www.reiseundfotografie.de/datenschutz Upon request, Ulrike Rios Reise und Fotografie will be happy to send the travel customer the data protection regulations in writing.
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16 tour operators
Ulrike Rios Reise und Fotografie, Haferkamp 6, D-27232 Sulingen
Phone: +39 353 326 0177, Mail: info@reiseundfotografie.de
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