Terms & Conditions
In addition, the following definitions shall apply:
Organizer: Ariane Paasch, Winetour Penedés
Achievers: by the organizer commissioned providers
(Guest house, restaurants, wineries, several other service companies, ...)
The following conditions shall exclusively govern the contractual relationship between the customer and the organizer. With the completion of the booking process, the customer assigns the organizer to provide a number of services related to the implementation of the tour booked in conjunction and that are provided by third party service providers. The customer is bound to the booking order.
A contractual relationship between the organizer and the individual service providers (for example, guest house, winery, carriers, etc.) will start, when booking arise, which is not governed by the terms and conditions of the organizer. To make a booking, the customer must be at least 18 years and must not be restricted in his legal capacity.
§ 2 Subject matter and conclusion of contract
2.1 Subject of the contract is the listed service in the booking confirmation by the organizer.
2.2 By registering, the customer provides the organizer the conclusion of a travel contract. This application has to be made in writing by completing and sending the registration form to the organizer or by a written application by email or post.
It is made by the applicant for all registrated participants for that trip. The Applicant shall be liable for any resulting from the application contract obligation of persons registered by him as his own obligations.
By submitting the application (the booking order) of the customer to the organizer, the customer accepts the terms and conditions of the organizer and assures that he/she has read and understood this. The customer agrees with the use of its data as described in these terms and conditions.
2.3 The contract is concluded with the acceptance by the organizer. The customer receives from the organizer together with the invoice a written booking confirmation. At this time a binding contract between the customer and the organizer has come about.
The customer is obliged to check the booking confirmation immediately on their accuracy, in particular to ensure that the reported dates with the booking made are identical. Determines the customer discrepancies or false information, he must inform the organizers in a matter of urgency. If the content of the confirmation significantly from the content of the booking form from, the different content of the confirmation of both sides will be binding if the customer does not exercise his cancellation possibility within 7 days.
2.4 The announcement of the contract in writing (fax, online or by e-mail). If the booking order granted by a person other than the customer, the customer is liable with this person for the performance of the obligations of the registered persons.
2.5 The confirmation message about signing the contract should be distinguished from the registration confirmation. With the confirmation of the organizer merely confirms the proper receipt of the application (order to purchase the concerning. Travel). Confirmation of registration does not mean that already a contract for the booking of travel services with the organizer is concluded.
§ 3 Services
The scope of contractual services and their price is derived from the terms of reference in the package of the booking confirmation.
§ 4 Service and Price Changes
4.1 Changes and deviations of individual travel services from the agreed contents of the travel contract, which become necessary after conclusion of contract and which have not been brought about by the tour operator in bad faith, are possible if the changes and deviations are not substantial and do not impair the overall form of the tour.
4.2 The Promoter reserves price changes when service providers (for example, hotel, winery, carriers, etc.) objectively justified, substantial and unforeseeable reasons make out (e.g. changes in fuel costs, taxes, fees, duties, tariffs and the like) a price change. In case of a subsequent price change or a change of an essential travel service, the organizer has the customer immediately, not later than 21 days prior to departure, to set thereof. Price increases after this date are not allowed. Failure to use of services that are included in the price, the customer will receive no refund.
§ 5 Travel Price, Maturity and Payment
5.1 Upon receipt of the signed travel registration and the booking confirmation (confirmation message about signing the contract) the customer receives an invoice. The deposit, the advance payment of external and internal services is, per person 30% of the price and is payable on booking confirmation. The balance is due 30 days prior to departure. For bookings less than 30 days prior to departure the full amount is due immediately.
5.2 As a rule, a payment through Paypal, credit card or bank transfer is possible.
5.3 Any delay in payment of the organizer is entitled to withdraw from the contract, whereby the customer incurred under point "withdrawal" underlying charges. Beyond this, due to special cancellation policy on the part of the contractual achievers actually print costs can be invoiced separately.
§ 6 Cancellation by the customer, rebooking, replacement persons
6.1 In case of cancellation of the booked travel service principle apply the cancellation conditions of the organizer. These conditions also incurred cancellation fees vary. In case of cancellation, the organizer may additionally charged the cancellation fees an allowance in the amount of EUR 80.-. To avoid significant financial losses in case of cancellation, the customer to take out a travel cancellation insurance is recommended.
6.2 The customer can withdraw at any time prior to departure from the trip. The receipt of the cancellation by the organizers. The resignation must be in writing and must be confirmed by the organizer. If a cancellation by the customer, the organizer may demand adequate compensation for the travel arrangements and the expenses incurred. The flat rate these cost breaks down as follows:
In case of cancellation 90 days before the start of the claim is 10% of the total price, but at least 100 € per participant.
In case of withdrawal of 89 days to 60 days before departure 25%.
In case of withdrawal of 59 days to 30 days before departure 60%.
If canceled from 29 days to 0 days before departure 100%.
Beyond this, due to special cancellation policy on the part of service providers to the organizer actually print costs can be invoiced separately; this applies especially to cancellation costs associated with hotel room bookings.
If the trip includes tickets for cultural events or the like, in the case of a cancellation, the full amount can be calculated if no resale is possible. Decisive for the running of the deadlines is the receipt of the cancellation by the organizer. The reference date is the date of receipt of the cancellation message.
6.3 The customer may be replaced by an appropriate third party as far as the start of the journey.
6.4 The transfer of a travel service is possible only upon request and mutual agreement (for example, by cancellation of the booked and while booking another tour performance) at time acquisition from the previous contract.
§ 7 Cancellation by the tour operator
The organizer may withdraw in the following cases prior to travel from the contract or cancel the contract after commencement of the journey:
7.1 Without notice
If the customer disrupts the execution of the trip despite a warning from the organizer sustainable or if it violates the contract to such an extent that immediate cancellation of the contract is justified. If the operator cancels, it retains the claim to the travel price; but he must be credited the value of the saved expenses and the benefits it obtained from a different use of the unused services, including any amounts refunded by the service providers.
7.2 Up to 4 weeks prior to departure
Failure to achieve a minimum of 6 (six) persons of the organizer is entitled to in the said period of four weeks to terminate the contract prior to departure. In any event, the organizer is obliged to inform the customer immediately when the condition for the non-implementation of the tour occur and to send out the notice of withdrawal straightaway. The customer receives the deposited travel price immediately back. A further claim of the customer does not exist. Should already be seen at an earlier date that the minimum number of participants can not be reached, the organizer has to inform the customer.
§ 8 rules when traveling abroad
The customer is always responsible for ensuring that his person necessary for the implementation of the trip conditions are met and all legal provisions, in particular the domestic and foreign entry and exit requirements, health regulations, customs and foreign exchange regulations, passport and visa regulations , get noticed. The same applies to the procurement of necessary travel documents.
§ 9 Liability
The organizer is liable under the required duty of care for the conscientious preparation, the careful selection and monitoring of service providers, the accuracy of the specifications and the proper provision of the contractually agreed travel services.
§ 10 Limitation of Liability
The active enterprises of travel at your own risk. A considerable degree of caution expected from every customer. The Promoter assumes no responsibility for accidents, damage or other irregularities that arise in the context of the active part of a journey. This is confirmed by the customer with his application. The customer is advised in this regard in the interest of a travel accident and baggage insurance. The organizer is not liable for third-party services which are merely arranged by us and are marked as such.
§ 11 Data Protection
For the organizers, the protection of personal data is of paramount importance.
In addition to the natural adherence to statutory data protection regulations, the organizer committed to the responsible use of the data of the customer, so that its privacy is protected at all times. The organizer collects certain personal data of customers. These data are needed for the implementation of the contract on the booked by the customer travel service and used exclusively for this purpose and used. The organizer guarantees that no information will be disclosed to third parties.
§ 12 Invalidity of individual provisions (Severability Clause)
If one point of these terms and conditions of the organizer infringe applicable law or be invalid or void for any other reason, all other points and legal ideas are still valid and are an integral part of the travel contract.
The ineffectiveness of individual provisions of the travel contract including the travel conditions does not invalidate the entire travel contract and the Conditions of consequence. The customer has expressly agreed at the conclusion of the contract.
§ 13 Written form requirement
Changes to these terms and conditions or deviating agreements that are made between the organizer and the customer, in writing. Amendments to this written form requirement are possible only in written form.
§ 14 Complaints and warranty
If the customer, despite all precautions, the expending of the organizer for the planning and execution of travel, yet even have reasons for complaints, these should be notified immediately. The complaint is communicated to the tour guide on site to give the organizer the possibility of remedy. Any claims must be made in writing to the organizer within one month after the contractual end of the trip. After this date, the customer can only file claims if he was prevented through no fault of meeting the deadline (see: Exclusion of claims).
If the trip is not provided with the contract, it may require remedy the customer. The organizer can provide a remedy, it renders an equivalent service. The operator may refuse remedy if it requires a disproportionate effort. For the duration of a non-conforming provision of travel by the organizer, the customer can demand a reduction of the price. The travel price shall be reduced in the proportion which would have been the time of booking the value of the trip in a faultless state and the actual value. Claim to reduction is not, as far as the Customer fails culpably to indicate the lack. If the trip is due to a defect serious, and the Tour Operator within a reasonable time does not help, so the customer can in accordance with statutory requirements the travel contract - in his own interest and for preservation of evidence by affidavit - terminate. The same applies if the customer the trip due to a defect, for good, the organizer apparent reason can not be expected. A deadline for the remedy not only need it if remedy is impossible or refused by the organizer or if the immediate termination of the contract by a special interest of the customer is justified. The customer owes the organizer the amounts attributable to services utilized part of the price, that these were of interest to him. The customer may demand notwithstanding the reduction or termination damages for breach, unless the defect is due to circumstances which the organizer is not responsible.
§ 15 Exclusion of Claims and Limitation
After the deadline for filing claims claims can only be asserted if the customer has been prevented through no fault of meeting the deadline. Contractual claims of the customer expire after 6 months. The period begins with the day on which the journey should end according to the contract. If the customer has asserted such claims, the limitation period is suspended until the date on which the organizer zurückweiset the claims in writing.
§ 16 Final Provisions
16.1 The contract shall be the law of Spain application.
16.2 The exclusive venue for any disputes arising from the contract or in connection therewith disputes is the seat of the organizer
As of May 2016
© 2016 Ariane Paasch, Winetour Penedés