Terms of Service
In addition to the legal provisions (§§ 651a-m BGB; §§ 4-11 BGB-InfoVO), we are allowed to present the general travel conditions that apply between you as a traveler and us, Builder Travel GMBH, as a tour operator:
Registration and conclusion of the travel contract
1. With the travel registration, the customer offers us the conclusion of a travel contract on the basis of our travel description, our information on the trip, and these travel conditions. The registrant also registers for all participants listed in the registration, for whose contractual obligations the registrant is responsible as for his own obligations, provided that he has accepted this obligation by means of an express, separate declaration.
2. The travel contract comes into effect when we accept the customer’s registration, about which we inform him with the travel confirmation. With the travel confirmation, we send the travel price assurance slip, which secures all payments to us.
3. Suppose our travel confirmation deviates from the content of your registration. In that case, we have a new offer to which we are bound for 7 days from receipt of the confirmation, and which you can accept within the period by express or conclusive declaration (e.g. payment of the down payment or final payment of the travel price) can accept. The travel contract is then concluded on the basis of this new offer.
4. The minimum age for participation in our trips is 18 years without being accompanied by a legal guardian. In the case of minors, the registration must be signed by the legal guardian(s); the legal guardians’ written consent is required for every underage participant, even if this was registered via another participant as the registrant.
Payment of the travel price
1. After receipt of the order confirmation, the entire travel price is due and payable.
2. If the travel price due is not paid despite a reminder and a reasonable deadline for payment, we are entitled to withdraw from the contract (§ 323 BGB) and charge the customer with cancellation costs, which are based on Section 6.2 below, unless the traveler had a right to refuse payment.
Services, changes to the travel description, and price changes before the contract is concluded
1. Our obligation to perform results exclusively from the description of services in the brochure belonging to the trip in question, as well as the general information there in connection with the individual travel confirmation. With regard to the travel advertisement, we expressly reserve the right to declare a change in the advertisement prior to the conclusion of the contract only for objectively justified, significant and unforeseeable reasons in accordance with § 4 paragraph 2 BGB-InfoVO, about which we will, of course, inform you before booking. In particular, Builder Travel GMBH expressly reserves the right to change the travel price prior to the conclusion of the contract due to an increase in transport costs, the charges for certain services, such as port or airport fees, or a change in the exchange rates applicable to the trip in question after the publication of the brochure. He also reserves the right to adjust the travel price before the contract is concluded if the package tour requested by the customer or advertised in the brochure is only available by purchasing additional contingents after the publication of the brochure. The customer must be informed of the declared changes in good time before booking.
2. Service providers (e.g. hotels, airlines) and travel agents (e.g. travel agencies) are not authorized by us to give assurances or to make agreements that go beyond or contradict the travel description or our booking confirmation or change the confirmed content of the travel contract.
Travel cancellation/cancellation of the tour operator
If a minimum number of participants is expressly stated in the description of the trip and this is not reached, we can withdraw from the contract if we have quantified this minimum number of participants in the brochure and stated the time by which the declaration of withdrawal / our cancellation before the contractually agreed must be received at the latest at the start of the trip and must also have clearly referred to this information in the travel confirmation. We will declare such a withdrawal no later than four weeks before the start of the trip. Payments made on the travel price will be refunded to you immediately.
Service and price changes after the conclusion of the contract
1. Changes to essential travel services that become necessary after the conclusion of the contract and are not brought about by the tour operator in bad faith are only permitted if the changes are not significant and do not affect the overall design of the booked trip.
2. Price changes are only possible after the conclusion of the travel contract in the event of an unforeseeable increase in transport costs or charges for certain services, such as port or flight fees, or a change in the exchange rates applicable to the trip in question that occurred after the conclusion of the travel contract to the extent how the increase per capita or per seat affects the travel price if there are more than four months between receipt of the travel confirmation by the customer and the agreed start of the travel. If this is the case, the customer will be informed immediately. A price increase that is requested from the 20th day before the agreed departure date is ineffective.
3. In the event of a price increase of more than 5% of the travel price or in the event of a significant change in essential travel service, you can withdraw from the contract free of charge or request participation in another trip that is at least of the same value if we are able to offer such a trip from our offer without to offer you an additional price. The customer must assert these rights against us immediately after receipt of our declaration about the change in the travel service or the price adjustment.
Withdrawal and rebooking by the customer
1. You can withdraw from the trip at any time before the start of the trip. For reasons of proof, it is recommended to declare the withdrawal in writing.
2. If the customer withdraws, we lose the right to the agreed travel price. However, we can demand appropriate compensation for travel arrangements made and expenses in accordance with Section 651i, Paragraph 2 of the German Civil Code. The amount of compensation is determined by the travel price less the value of the expenses usually saved by the tour operator and what he can acquire through other possible uses of the travel services. We can calculate this claim specifically (§ 651i Para. 2 BGB) or as a lump sum (§ 651i Para. 3 BGB) at our discretion. We can set the following percentages of the travel price as compensation as a lump sum: – up to 45 days before the start of the trip 10% – from the 44th to the 30th day before the start of the trip 20% – from the 29th to 14th day before the start of the trip 50% – from the 13th to the 7th The day before the start of the trip 60% – from the 6th day to the start of the trip 90% The customer is always free to prove when calculating the flat-rate or specific cancellation compensation that we have not suffered any damage or only a significantly lower amount than we have calculated.
3. You have the option of taking out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness.
4. If, after the confirmation of the trip, changes are made at your request with regard to the travel date, the start of the trip, the place of the start of the trip, the accommodation or the type of transport (= rebooking), we as the tour operator can charge a reasonable processing fee of up to €30. A rebooking is generally possible up to the 30th day before the start of the journey. A later change is only possible after the prior cancellation of the travel contract under the aforementioned conditions and with simultaneous re-registration by the customer. The customer has no legal claim to rebooking.
Cancellation by the tour operator
If despite a corresponding warning from us, a traveler continues to be a nuisance or if he behaves in breach of contract to such an extent that it is unreasonable to continue the contractual relationship with him until the agreed end of the trip or the expiry of a period of notice, or otherwise seriously breaches the contract, we can without compliance terminate the contract with him within a period of time. In doing so, we retain the right to the travel price less saved expenses and, if applicable, reimbursements by service providers or similar advantages that he obtains from the other use of the unused service. Any additional costs for the return transport are borne by the disruptor himself
If the trip is made considerably more difficult, endangered, or impaired as a result of force majeure that was not foreseeable when the contract was concluded, both we and the traveler can terminate the contract. The legal consequences resulting from the law (§ 651j BGB, § 651e Abs.3 BGB). According to this, as the tour operator, we can demand appropriate compensation for the travel services already rendered or for the travel services still to be rendered at the end of the trip. We are obliged to take the necessary measures, in particular, to transport the customer back if the contract includes return transport. The parties shall each bear half of the additional costs for the return transport. Otherwise, the additional costs are the responsibility of the customer.
Obligations of the customer, remedy, setting a deadline before termination by the customer
1. The customer must report any defects immediately to the local tour guide or to the address/telephone number given below and request a remedy there. If the customer culpably fails to report a defect, a claim for reduction does not arise. If the travel service is not provided in accordance with the contract, the customer can request a remedy within a reasonable period of time, whereby we can refuse the remedy if it requires a disproportionate effort. We can remedy the situation by providing a substitute service of equal or higher value.
2. If a trip is significantly impaired as a result of a defect and we do not remedy the situation within a reasonable period of time, the customer can terminate the travel contract within the framework of the statutory provisions, whereby a written declaration is recommended for reasons of proof. We inform you about the customer’s obligation to report a defect immediately and about the fact that a reasonable period of time must be set for a remedy before the cancellation of the travel contract (§ 651e BGB). It is not necessary to set a deadline if the remedy is impossible or is refused by us, or if the immediate termination of the contract is justified by a special interest of the traveler
Liability, Limitation of Liability
1. The contractual liability of us, as a tour operator, for damage that is not bodily harm is limited to three times the travel price per trip and customer, insofar as the damage to the customer was not caused intentionally or through gross negligence or insofar as we, as the tour operator, are responsible for a loss incurred by the customer damage solely due to the fault of a service provider.
2. For claims for damages from tort that are not based on intent or gross negligence, liability for property damage is limited to three times the travel price per person and trip.
3. The limitations of liability mentioned under 1 and 2 do not apply to claims based on the Montreal Convention due to the loss of luggage.
Exclusion of claims, notice periods, lost and delayed luggage, limitation periods, prohibition of assignment
1. Warranty claims under the travel contract must be asserted within one month of the contractually agreed end of the trip to the tour operator at the address given below. After the one-month period has expired, the traveler can only assert claims if he was prevented from complying with the period through no fault of his own or if the claims are tortious. Baggage damage, delayed baggage delivery, or loss of baggage in connection with flights must also be reported within 7 days in the case of baggage loss and within 21 days in the case of baggage delay after the baggage has been handed over, whereby it is recommended to immediately file a damage report with the responsible airline on the spot. Likewise, the loss, damage, or misdirection of luggage must be reported to the local tour guide or the tour operator.
2. Travel contract claims of the customer according to §§ 651c to 651f BGB expire in one year in the case of property damage and financial losses, insofar as the damage to the traveler is not based on an intentional or grossly negligent breach of duty by the tour operator, his legal representative or one of his vicarious agents. The statute of limitations begins on the day on which the trip should end according to the contract. If negotiations are pending between the customer and the tour operator about the claim or the circumstances justifying the claim, the statute of limitations is suspended until the customer or the tour operator refuses to continue the negotiations. The statute of limitations begins at the earliest 3 months after the end of the suspension. Claims based on tort and all claims for compensation for physical damage are subject to the statutory limitation period.
3. An assignment of claims of the travel participant against Builder Travel GMBH is excluded. This does not apply to family members.
Passport and visa requirements, health regulations
1. We inform nationals of the country in which the trip is offered about passport and visa requirements and health formalities (e.g. vaccinations and certificates required by the police) that are necessary for the trip and stay. The responsible consulate provides information for nationals of other countries.
2. The customer is responsible for obtaining and carrying the necessary travel documents and must ensure that his or her passport or identity card is sufficiently valid for the trip. We would like to point out that the passport for entry into Saudi Arabia must be valid for at least 6 months. Otherwise, entry will be refused by the authorities.
3. The customer is responsible for compliance with all regulations important for the implementation of the trip. In particular, customs and currency regulations abroad must be observed. All disadvantages arising from non-compliance with these regulations are at his expense unless we are responsible for not fulfilling our obligation to inform or poorly fulfilling it.
4. We are not liable for the timely issue and access of necessary visas by the respective diplomatic representation or foreign authorities if you have commissioned us as a tour operator to obtain them unless we violate our own obligations and are responsible for the delay ourselves.
Obligations to provide information about the identity of the operating air carrier
In accordance with EU Regulation No. 2111/05, we are obliged to inform the customer at the time of booking of the identity of the respective air carrier for all air transport services to be provided as part of the booked trip. If the operating airline has not yet been determined at this point in time, we must name the airline(s) that will probably carry out the flight and ensure that the customer is informed of the identity as soon as it is/are determined. The same applies if the operating airline changes. The black list of the EU (Black List) can be viewed on the website https://air-ban.europa.eu as well as on the website and in our offices. The blacklist is constantly updated by the EU.
Obligations of the traveler to cooperate
1. If the traveler does not receive his travel documents (e.g. hotel voucher, flight documents) within the period specified by us before departure, he must inform us immediately.
2. In the event of any disruptions to performance, the traveler is obliged to do everything reasonably within the framework of the statutory obligation to mitigate damage in order to help remedy the disruption and to minimize or avoid any damage that may arise.
3. Baggage and other items brought along by the traveler must always be supervised by the traveler himself when boarding, changing, and disembarking, regardless of the existing duty of care of the tour operator and the service provider
Our data protection policy applies. The personal data that the customer makes available to the tour operator is electronically processed and used to the extent that it is necessary for the execution of the contract and for customer care.
The invalidity of individual provisions does not result in the invalidity of the entire travel contract. German law applies exclusively to the entire contractual and legal relationship between the customer and the tour operator. The tour operator can sue the customer at his place of residence. If the customer is a merchant or a legal entity under private or public law, or a person who has their domicile or habitual abode abroad, or whose domicile or habitual abode is not known at the time the action is filed, the place of jurisdiction is the seat of the tour operator.