In case of domain law, competition law or other disputes, the plaintiff is advised to contact Calima Reisen in Berlin in advance to avoid unnecessary litigation and costs. The cost note of a lawyer's warning without prior contact will in any case be rejected as unfounded in the sense of the duty to minimise damages, as we do not intentionally try to obtain any competitive advantages or any other legally prohibited advantages. If we should actually be informed of one or more legal errors made unknowingly, these will be changed immediately after a short-term examination of the information, so that the legal regulations are met.
The European Commission provides a platform for extrajudicial online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers_en Our e-mail address can be found in our imprint. We are neither obliged nor willing to participate in the dispute resolution procedure.
General Terms and Conditions of Business
Our activity concerns both the sale of transport services (such as air, rail, sea, car, etc.) and package tours and their mediation, as well as the organisation of our own trips (according to our catalogues, websites or individual elaboration). As a seller or agent (note on booking and booking confirmation), we cannot accept any liability for deficiencies in the execution of the flight or trip. These are subject to the respective conditions of the airline or tour operator. In all cases, at least also clauses 1, 2, 3, 4, 5, 6, 7, 12, 13, 14, 15 and 16 of our terms and conditions of business below shall apply. Exceptions apply to all services and trips for which we act as agents. In this case, the respective business and travel conditions of the tour operator/service provider brokered by us apply. As far as we ourselves act as a tour operator, the content of the contract is the following:
1. conclusion of the travel contract
1.1 With the registration the customer offers the travel agency the conclusion of a binding travel contract.
1.2 The registration can be made in writing, orally or by telephone. It is also made by the applicant for all participants listed in the registration, for whose contractual obligations the applicant is liable as for his own obligations, provided that he has assumed a corresponding separate obligation by means of an express and separate declaration.
1.3 The contract comes into effect with the acceptance by Calima Reisen. Acceptance does not require a specific form. At or immediately after conclusion of the contract, the tour operator will provide the customer with the travel confirmation.
1.4 If the content of the confirmation differs from the content of the registration, a new offer from Calima Reisen is available to which we are bound for a period of 10 days. The amended contract will only be concluded if you give your consent within 10 days. The period of 10 days mentioned here can change according to circumstances. However, the customer will be informed of this by Calima Reisen. Please note that if you do not respond in this case (in writing, verbally or by telephone), you will have to reckon with a cancellation of the booking.
The scope of the contractual services results from the service description of the respectively valid brochure (website) and from the information in our travel confirmation. The information contained in the brochure (website) is binding for us. However, we expressly reserve the right to declare changes to the information in the brochure prior to conclusion of the contract, of which the customer will of course be informed before booking.
3. withdrawal and rebooking
3.1 You can withdraw from the trip at any time before the start of the trip. The date of receipt of the declaration of withdrawal by the Tour Operator is decisive. Withdrawal can be made without any formality. However, we recommend written withdrawal for reasons of proof.
3.2 If you withdraw from the travel contract or do not commence the journey, we can demand reasonable compensation for our travel arrangements and expenses. When calculating the compensation, normal saved expenses and usually possible other uses of the travel services are to be taken into account.
3.2.a For the calculation of cancellation costs for booked flights, the cancellation conditions of the respective flight organiser are decisive, irrespective of the settlements mentioned in points 3.3.a and 3.3.b. These depend on the time of the cancellation and the fare booked.
3.3 We are entitled to make a lump-sum compensation claim, taking into account the following classification, according to the proximity of the time of cancellation to the contractually agreed start of travel in a percentage ratio to the travel price (c + d):
(a) flight package tours and
b) Flight bookings only
We would like to point out that we act exclusively as an intermediary travel agency for all package tours of other tour operators booked through our office and for all flight bookings. The cancellation conditions and general terms and conditions of the respective tour operator or airline apply.
In most cases, the cancellation costs of the airlines' savings tariffs amount to 100% of the total price. Calime Reisen has no influence on this.
c) Holiday flats, houses/apartments, also for bus and train journeys
- up to 70 days before departure 25% of the tour price
- from the 70th - 51st day before the start of the trip 50% of the trip price
- from the 50th - 31st day before the start of the trip 70% of the price of the trip
- from 30 days before departure 90% of the tour price
- in case of no-show on the day of arrival 95% of the travel price
(d) Car rental
- until the 8th day before departure 20%.
from the 7th day before departure until the day of departure 30%.
In the event of non-arrival/non-participation in the trip 80% of the rental price;
- for scheduled flights only € 60,00 per person.
3.4 For some special dates and destinations there may be different cancellation costs. Special cancellation conditions also apply to special trips for individuals and groups. You will be informed of the deviating cancellation and withdrawal costs when booking.
3.5 The customer is at liberty to prove to us that we have suffered no damage or considerably less damage than the flat rate we have demanded.
3.6 Rebookings (e.g. changes of the travel date, destination, place of departure, transport, accommodation, etc.) are generally only possible up to the beginning of the periods mentioned in 3.3. A flat rate of € 25,- per person (€ 15,- per person for flight-only services) will be charged.
3.7 Rebooking requests of the customer, which are received after the 30 days have expired, can only be carried out, if their implementation is possible at all, after withdrawal from the travel contract under conditions according to point 3 and simultaneous new registration. This does not apply to requests for rebooking that only incur minor costs. Please note that in the case of special fares and also some "normal fares", rebooking or changes are not possible either before or after the start of the journey. Please enquire about each individual case separately.
3.8 Until the start of the journey, the customer can demand that a third party enters into the rights and obligations of the contract in his place. We can object to the entry of the third party if this third party does not meet the special travel requirements or if legal regulations or official orders of the country of travel conflict with this.
If a third party enters into the contract, he and the customer shall be liable to us as joint and several debtors for the travel price and the additional costs arising from the entry of the third party.
3.9 We are entitled to charge the customer a processing fee of 60.00 € per transaction for each rebooking, cancellation or other booking changes. This sum is charged as a lump sum, i.e. NOT charged per person.
3.10 If the trip is cancelled in whole or in part, a discount granted in advance will be cancelled without compensation.
3.11.Deviating regulations for seminar and group travel regarding cancellation and termination by Calima Reisen
Calima Reisen can withdraw from the contract up to 42 days before the start of the journey because the minimum number of participants has not been reached, provided that Calima Reisen has specified the minimum number of participants in the respective tour description, as well as the time by which the declaration of withdrawal must be received by the traveller at the latest before the contractually agreed start of the journey, and has clearly and legibly pointed out this information in the travel confirmation. If Calima Reisen withdraws, the person making the booking will immediately receive the payments already made back without any deductions.
3.12 In case of a rebooking, the cancellation cost table of the first booking made is still decisive. If a rebooking is made, for example, 40 days before the start of the trip, but the new date is postponed by whatever time, the cancellation costs are in any case the percentage rate valid at the time of the rebooking. In this example, this is 70%. However, a change to the next cancellation cost level only takes place if the trip is cancelled 30 days or less beforehand.
4. services not used
In the case of unused services, e.g. due to an early return journey or other reasons, we will endeavour to obtain reimbursement of the saved expenses from the service providers. The obligation does not apply if the services are completely insignificant or if legal or official regulations are contrary to
5. changes in services
5.1 Changes and deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not caused by us in bad faith, are only permitted if they are not substantial and do not impair the overall design of the booked trip.
5.2 Possible warranty claims remain unaffected, as far as the changed services are afflicted with defects.
5.3 We are obliged to inform the customer immediately of any changes in services or deviations. If necessary, we will offer the customer a free rebooking or a free withdrawal.
5.4 In the event of a significant change to an essential travel service, the traveller is entitled to withdraw from the travel contract without charge or to demand participation in a trip of at least the same value, if we are able to offer such a trip without additional cost to the traveller from our range of services. The traveller has to assert these rights immediately after our declaration of the change of the travel service towards us.
5.5 The lessor reserves the right to carry out alterations or other structural changes. Conversions or other structural changes always have the purpose of improving the offer. Therefore, changes will not result in a claim for a reduction of the agreed rent.
6. price adjustment
We reserve the right to amend the price agreed in the travel contract accordingly as follows in the event of an increase in transport costs or charges for certain services, such as port or airport fees, or a change in the exchange rates applicable to the trip in question
6.1 If the transport costs, in particular the fuel costs, increase, we can increase the travel price according to the following calculation:
a) In the case of an increase related to the seat, we can demand the increase amount from the passenger. In other cases, the requested increased transport costs shall be divided by the number of seats of the agreed means of transport. We can demand the resulting increase amount for the individual seat from the passenger.
6.2 If charges such as port or airport fees are increased in relation to us, the travel price can be increased by the corresponding proportional amount.
6.3 In the event of a change in exchange rates, the tour price can be increased to the extent that the tour has become more expensive for us as a result.
6.4 An increase is only permissible if there are more than 4 months between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase have not yet occurred before the conclusion of the contract and were not foreseeable by us at the time of the conclusion of the contract.
6.5 In the event of a subsequent change in the travel price or a subsequent change in an essential travel service, we must inform the traveller immediately. A price increase demanded from the 20th day before the agreed travel date is invalid. In the event of a price increase of more than 5% or in the event of a substantial change to an essential travel service, the traveller is entitled to withdraw from the travel contract without incurring any fees or to demand participation in another trip of at least equal value, if we are in a position to offer such a trip without additional cost to the traveller from our range of services.
7. payment and delivery of the travel documents
7.1 Payments on the travel price before the end of the trip may only be made for booked package tours against delivery of the security certificate in the sense of § 651 k para. 3 BGB.
7.2 The following applies to all non-package tours: An advance payment may be requested upon conclusion of the contract. Further payments are due on the agreed dates, the balance of payment is due to us at the latest four weeks before the start of the trip. In the case of trips booked at short notice, the special agreements then made shall apply.
7.3 You will receive all travel documents in good time before the start of the journey. If the original documents cannot be sent for time reasons, we will send you the vouchers by fax. Additional costs due to special forms of dispatch (registered mail, cash on delivery, courier services, deposits etc.) are to be borne by the customer.
7.4 Deviating regulation on payment for group travel with a minimum number of participants:
After receipt of the travel confirmation and the security certificate, which secures all paid customer funds, a down payment of approx. 25% (rounded) of the travel price is due and payable. The deposit will be credited to the total tour price.
The remaining amount of the total travel price is due and payable at the latest 28 days before the start of the tour (the date of receipt of payment by Calima Reisen is decisive), provided that the security certificate has been handed over and it is certain that the tour will be carried out, in particular that Calima Reisen can no longer withdraw from the travel contract according to clause 3.11. If the deposit due or the total price due has not been paid or has not been paid in full, although the participant has received a security certificate, Calima Reisen can withdraw from the contract after unsuccessful reminder and setting of a reasonable deadline for payment (§ 323 BGB) and charge the customer with withdrawal costs.
For some seminar trips it is possible that the remaining amount for accommodation is due for payment in cash on site. The participants will be informed of this immediately after registration for the trip.
8. withdrawal and termination by us
We can withdraw from the travel contract before the start of the journey or cancel the travel contract after its commencement in the following cases
8.1. without notice
If, despite a warning, you persistently disrupt the execution of the trip or behave in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified. Despite our termination, we retain the right to the full price of the tour, but we must have the value of the saved expenses that we obtain from any other use of unused services credited to us, including the amounts credited by our service providers.
9.1 We shall be liable within the scope of the duty of care of a prudent businessman for the conscientious preparation of the trip, the careful monitoring and selection of the service providers, the correctness of the description of all travel services stated in the catalogues, unless we have declared a change in the brochure details in accordance with section 2 prior to the conclusion of the contract, and the proper provision of the contractually agreed travel services.
9.2 We shall be liable for any fault of the persons entrusted with the provision of the services.
9.3.concerning the seminar and group travel obligations of the traveller
The seminars are conducted to the best of our knowledge and belief. It is the customer's responsibility to check and have checked by himself before the trip, if necessary with the help of expert medical advice, whether participation in the courses is compatible with the respective physical condition and whether this allows the medical treatment intended by the trip.
9.4 Any illnesses must be communicated to the course leader before the beginning of the course.
9.5.The traveller is obliged to cooperate within the framework of the statutory provisions in the event of service disruptions, to avoid or minimise any damage.
If the trip is not provided in accordance with the contract, the traveller can demand redress. We may refuse redress if it requires disproportionate effort.
10.2 Reduction of the travel price
For the duration of a non-contractual provision of the tour, the traveller can demand a corresponding reduction of the tour price (reduction). The tour price is to be reduced in the proportion in which the value of the tour in a defect-free condition would have been in relation to the actual value at the time of sale. A reduction does not occur if the traveller culpably fails to report the defect.
10.3 Termination of the contract
If a trip is considerably impaired as a result of a defect and we do not provide any remedy within the appropriate period, the traveller can terminate the travel contract within the framework of the statutory provisions - in his own interest and for reasons of preservation of evidence, expediently by written declaration. The same applies if the traveller cannot reasonably be expected to take part in the tour due to a defect for an important reason that is recognisable to us. The determination of a deadline for remedy is only not necessary if remedy is impossible or refused by us or if the immediate termination of the contract is justified by a special interest of the traveller.
He owes the tour operator the part of the tour price attributable to the services used, provided that these services were of interest to him.
Notwithstanding the reduction or cancellation, the traveller can demand compensation for non-performance, unless the defect in the tour is due to a circumstance for which the tour operator is not responsible.
In many areas of the Balearic and Canary Islands, as well as by the sea in general, there may be "animal inhabitants" in rented accommodation, who, if you are from Central Europe, are often unknown to guests or take some getting used to. We cannot acknowledge a deficiency if a sudden infestation occurs. This is true for spiders, ants, geckos, flies, cockroaches (especially directly at the sea) and for the wireworms (Bichos Negros) which we only know on La Palma.
10.6 Public supply
If in our offer an internet access is described as available, neither we nor the house owner can be held responsible for the operator (Telefonica or other Spanish providers) always ensuring 100% access. In the event of an Internet failure, no claims for damages can be made, as long as the public provider is responsible for the lack of Internet access.
This regulation also applies to the water supply.
11. limitation of liability
11.1 Our contractual liability for damages, which are not bodily injuries, is limited to three times the travel price,
a) insofar as damage to the passenger is not caused intentionally or by gross negligence, or
b) insofar as we are liable for any damage incurred by the traveller solely due to the fault of a
responsible for the performance of the service providers.
11.2 For all claims for damages against us in tort, which are not based on intent or gross negligence, we are liable for property damage up to € 4,100.00; if the triple tour price exceeds this sum, the liability for property damage is limited to the amount of the triple tour price. The maximum amounts of liability apply per traveller and trip.
11.3 We shall not be liable for service disruptions in connection with services which are merely brokered as external services and which are expressly identified as external services in the tour description.
12. obligation to cooperate
12.1 You are obliged to cooperate within the framework of the statutory provisions in the event of service disruptions in order to avoid or minimise any damage.
12.2 In particular, you are obliged to inform the local tour guide immediately in case of complaints. The latter is instructed to provide remedy if this is possible. Should you culpably fail to report a defect, a claim for a reduction in price shall not arise.
Please note that you are obliged to have your return/further flight confirmed by the airline at least 72 hours before your return flight. We cannot be held liable for any disadvantages resulting from failure to comply with this measure. In the case of package tours, this reconfirmation is usually carried out by the local tour guide. However, you should have this confirmed again by your tour guide at least 4 days before the return/further flight.
14. exclusion of claims and statute of limitations
14.1 The customer has to assert claims against the Tour Operator for non-contractual performance of the tour within one month after the contractually agreed end of the tour. After the deadline has expired, the customer can assert claims if he was prevented from complying with the deadline through no fault of his own. The assertion must describe the individual complaints in detail regarding type, extent and scope in such a way that the tour operator is able to check the individual components.
14.2 The customer's contractual claims due to deficiencies of the tour (remedy by the Tour Operator or self-help by the traveller to remedy the deficiency, reduction of the tour price, compensation and termination) become time-barred in the wake of the legal authorisation (§ 651 m S.2 BGB) in one year, calculated from the day following the day of the contractually agreed end of the tour. If the last day of the period falls on a Sunday, a general holiday recognised by the state at the place of declaration or a Saturday, the next working day shall be deemed the end of the period.
15. passport, visa, customs, foreign exchange and health regulations
15.1 We vouch for the fact that the customer will be informed about passport, visa and health regulations as well as possible changes to these before the start of the journey. It is assumed that the traveller is a citizen of the Federal Republic of Germany and that there are no other special circumstances. No other circumstances can be taken into account in the person of the traveller, unless they have been expressly notified to us.
15.2 We are not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation, if the traveller has commissioned us with the procurement, unless we are responsible for the delay.
15.3 The traveller is responsible for compliance with all regulations important for the execution of the trip. All disadvantages, in particular the payment of cancellation costs arising from non-compliance with these regulations, shall be borne by the traveller, except if they are caused by culpable misinformation or lack of information on his part.
16. place of jurisdiction, miscellaneous
16.1 The invalidity of individual provisions of the travel contract and these terms and conditions of business shall not result in the invalidity of the entire contract.
16.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.