General Terms and Conditions of Travel (ARB) of Umfulana GmbH

Status: September 17, 2018

The following General Terms and Conditions of Travel (ARB) become, if validly agreed, content of the package tour contract between the customer (= traveler) and the tour operator Umfulana GmbH (hereinafter referred to as Umfulana). The ARB supplement and complete the legal provisions of §§ 651a ff. BGB and Articles 250 and 252 EGBGB. When booking a package tour, the contractual partner of the tour operator is the traveler - it does not matter whether the traveler uses the package tour himself or concludes the contract for another travel participant.

These ARB expressly do not apply if the traveler does not book a package tour within the meaning of §§ 651a ff. BGB, but only individual travel services (e.g. hotel-only, rental car) through Umfulana. This shall also apply if a security certificate for the individual travel service has been issued to the traveler to secure the paid travel price or if Umfulana expressly acts as travel agent for an individual travel service or an associated travel service in accordance with § 651w BGB and informs the traveler separately and unmistakably prior to booking.

Furthermore, these ARB do not apply to travel contracts if the traveler is an entrepreneur with whom Umfulana has concluded a framework agreement for the organization of business trips pursuant to § 651a para. 5 lit. 3 BGB for the entrepreneurial purposes of the traveler.

§ 1 Conclusion of the package tour contract

1.1 The basis of this offer is the travel description of Umfulana in the catalogue or brochure, on its website, in an individual offer or other medium of Umfulana, together with supplementary information from Umfulana for the respective trip, as far as these are available to the traveler upon booking.

By registering (booking) the traveler offers Umfulana the conclusion of the package tour contract bindingly for the specified persons. Due to regulations of immigration authorities and airlines, the traveler must provide all name components contained in the computer-readable line of the passport at the time of booking. The traveler is responsible for all contractual obligations of fellow travelers for whom he makes the booking, as for his own, insofar as he has accepted this obligation by explicit and separate declaration.

1.2 The contract is concluded upon receipt of Umfulana's travel confirmation (declaration of acceptance). Upon or immediately after conclusion of the contract, Umfulana will send the traveler a travel confirmation on a permanent data medium. If the contract is concluded with simultaneous physical presence, the traveler is entitled to a travel confirmation in paper form; the same applies to a contract concluded outside business premises.

1.3 If the content of the travel confirmation differs from the original booking, this travel confirmation is considered a new offer to which Umfulana is bound for a period of ten days. The contract is concluded on the basis of this new offer, provided that Umfulana has pointed out the change and has fulfilled its pre-contractual information obligations in this respect and the traveler expressly or conclusively declares acceptance to Umfulana within the binding period by (down) payment of the travel price.

1.4 Umfulana points out that bookings of package tours in distance selling (e.g. by telephone, by e-mail) cannot be revoked in accordance with §§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB. However, there is a right of withdrawal if the contract for the package tour between Umfulana and the traveler who is a consumer has been concluded outside of business premises, unless the oral proceedings on which the conclusion of the contract is based have been conducted on the consumer's prior order.

§ 2 Payment

2.1 After conclusion of the contract, a deposit of 20% of the travel price is due, provided that the security certificate was sent to the traveler in text form in accordance with § 651r Paragraph 4 Sentence 1 BGB, Art. 252 EGBG. If the flights or accommodation services contained in the respective offer become immediately due for payment to the service provider of Umfulana or a flight ticket must be issued immediately after confirmed booking, Umfulana reserves the right to invoice a higher deposit. The traveler will be informed about this by Umfulana before booking in accordance with Art. 250 § 3 EGBGB and in the travel confirmation in a manner prescribed by Art. 250 § 3 EGBGB.

If the trip can no longer be cancelled for the reasons stated in item 7.1 and the security certificate has been sent in text form, the remaining amount is due for payment four weeks before the start of the trip. If a trip can still be cancelled for the reasons stated in Section 7.1, the remaining amount for this trip is only due at the time when the trip can no longer be cancelled by Umfulana.

2.2 In the case of short-term bookings, i.e. bookings made at such short notice that the entire travel price is already due or Umfulana can no longer cancel the trip because the number of participants has not been reached, the entire travel price is due for payment immediately after the security certificate has been transmitted in text form.

2.3 Premiums for insurance and other expenses such as cancellation and rebooking fees are due in full after invoicing.

2.4 If the traveler does not pay the deposit or the balance despite the security certificate received on the respective due date, Umfulana is entitled, after issuing a reminder, to withdraw from the contract by setting a deadline and to debit the traveler with the cancellation costs regulated in Section 4.1 ff.

§ 3 Services and changes in services

3.1 The service obligation of Umfulana results exclusively from the content of the booking confirmation in connection with the catalogue or prospectus valid at the time of the trip, the Umfulana website, an individual offer or any other medium of Umfulana subject to all information, advice and explanations contained therein as well as the pre-contractual information relevant for the booked package tour according to Art. 250 § 3 EGBG.

3.2 Employees of service providers (e.g. airlines, hotels) and travel agents are not authorized by Umfulana to give assurances or information, nor to make agreements that go beyond the travel description, the booking confirmation or the pre-contractual information pursuant to Art. 250 § 3 EGBG of Umfulana, contradict them or amend the confirmed content of the package tour contract.

3.3 Changes or deviations of individual travel services from the agreed content of the package tour contract, which become necessary after conclusion of the contract and which were not caused by Umfulana in bad faith, are only permitted if the changes or deviations are not significant and do not impair the overall design of the booked package tour. In addition, these changes must be explained before departure. Umfulana must inform the traveler of the change clearly, comprehensibly and in a prominent manner on a durable data medium.

3.4 In the event of a significant change in an essential characteristic of a travel service in accordance with Art. 250 § 3 No. 1 EGBGB or a deviation from a special specification of the traveler which became the content of the package tour contract, the traveler is entitled, within a reasonable period of time set by Umfulana 

a) to accept the notified change of the travel service or deviation of the special specification,

b) to withdraw from the contract without cancellation costs, or

(c) to declare participation in any substitute package tour offered by Umfulana.

If the traveler does not react at all or within the set reasonable period, the change or deviation shall be deemed to have been accepted. The traveler shall be informed by Umfulana immediately after becoming aware of the reason for the change together with the notification of the traveler's rights together with a time limit for declaration on a durable data medium in a clear, comprehensible and highlighted manner.

3.5 Possible warranty claims remain unaffected, as far as the changed services are afflicted with defects. If the replacement package tour or changed package tour carried out is not of at least equivalent quality to the originally owed package tour, the travel price is to be reduced in accordance with § 651m para. 1 BGB; if Umfulana incurs lower costs in an equivalent quality, the difference in accordance with § 651m para. 2 BGB is to be reimbursed to the traveler.

§ 4 Cancellation by the traveler before departure, transfer of the contract (substitute person)

4.1 The traveler can withdraw from the package tour contract at any time before the start of the trip. The withdrawal is to be declared to Umfulana under the contact details given at the end of the ARB. If the trip was booked through a travel agent, the cancellation can also be declared to the agent. The traveler is recommended to declare the cancellation on a permanent data medium.

4.2 If the traveler withdraws before the start of the trip or does not commence the trip, Umfulana loses the right to the tour price. Instead, Umfulana can demand appropriate compensation from the traveler. This shall not apply if Umfulana is responsible for the withdrawal or if unavoidable exceptional circumstances occur at or in the immediate vicinity of the place of destination which significantly impair the performance of the package tour or the transport of persons to the place of destination; circumstances are unavoidable and exceptional if they are not subject to the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.

4.3 Umfulana has specified this right to compensation in the following cancellation fees. The calculation takes place under consideration of the time remaining between the cancellation declared by the traveler and the contractually agreed travel beginning, the expected saving of expenditures and the expected gain by another use of the travel services.

The compensation is calculated as follows depending on when the cancellation notice was received by Umfulana or the travel agent:

a) General cancellation fee:

Up to 31 days before departure: 20% of the tour price,
30-21 days before departure: 30 % of the tour price,
20-11 days before departure: 40 % of the tour price,
10 days until the day of departure and in case of no-show: 60% of the tour price.

b) special cancellation fee:

Special offers, individually prepared package tours and group tours may be subject to special cancellation conditions, which are expressly referred to in the respective service description or travel description/offer and the travel confirmation in accordance with Art. 250 §§ 3, 6 EGBG.

4.4 In any case, the traveler is at liberty to prove to Umfulana that Umfulana can only demand a substantially lower appropriate compensation due to the cancellation of the contract.

4.5 Umfulana reserves the right to demand a higher, specifically calculated compensation instead of the above cancellation fees, insofar as Umfulana can prove the occurrence of significantly higher expenses than the respective applicable cancellation fee. In this case Umfulana is obliged to give a specific figure for the compensation claimed, taking into account the expenses saved and less any gains by using the travel services elsewhere, and to justify this at the request of the traveler.

4.6 Umfulana expressly recommends taking out travel cancellation insurance.

4.7 If Umfulana is obliged to reimburse the tour price as a result of a cancellation, the reimbursement must be made immediately, but in any case within 14 days after the cancellation.

4.8 The legal right of the traveler to declare a contract transfer to another traveler on a permanent data carrier in accordance with § 651e BGB (provision of a replacement participant) remains unaffected by the above provisions, provided that this notification reaches Umfulana no later than seven days before the start of the trip.

§ 5 Rebooking by the traveler before departure

5.1 The passenger has no legal claim to a change with regard to the travel date, the destination, the place of departure, the accommodation, pre-booked activities or the mode of transport (rebooking). This does not apply if a rebooking is necessary due to incomplete or incorrect pre-contractual information according to Art. 250 § 3 EGBG; such a rebooking will be carried out free of charge for the traveler.

5.2 If Umfulana makes a rebooking according to clause 5.1 sentence 1 at the traveler's request, a rebooking fee of € 25.00 per service is due up to 21 days before the start of the trip, which must be paid by the traveler in addition to any additional cost arising out of the changed service/s; the traveler will be informed of any new travel price resulting from the rebooking before the rebooking. Any necessary telephone calls, faxes or telegrams arising for the desired rebooking can be charged additionally on the basis of concrete proof.

5.3 Rebooking requests by the traveler 20 days or less before the start of the trip can only be carried out, if it is possible at all, after cancellation of the travel contract in accordance with Clause 4.3 and simultaneous new registration. This does not apply to rebooking requests that incur only minor costs.

§ 6 services not used

If the traveler does not make use of individual travel services that Umfulana has duly offered for reasons for which the traveler is responsible, he is not entitled to a proportionate reimbursement of the travel price. Umfulana will seek reimbursement of the expenses saved from the service providers. This obligation does not apply if the services are completely insignificant or if a refund is contrary to legal or official regulations. Umfulana recommends taking out travel cancellation insurance.

§ 7 Withdrawal due to failure to reach the minimum number of participants and termination by Umfulana

7.1 Umfulana can only withdraw from the package tour contract for not reaching a minimum number of participants, if

(a) in the pre-contractual information concerning the package booked, Umfulana has specified the minimum number of participants and the date by which the declaration of withdrawal has to be made before the contractually agreed start of the journey, and

b) Umfulana has indicated in the travel confirmation the minimum number of participants and the latest cancellation date.

Cancellation must be declared to the traveler no later than the day indicated in the pre-contractual notification and confirmation of travel. Should it become apparent at an earlier point in time that the minimum number of participants cannot be reached, Umfulana must immediately exercise its right of withdrawal.

If the trip is not carried out for this reason, Umfulana must immediately, but in any case within 14 days after the declared cancellation, refund payments made by the traveler.

7.2 Umfulana may terminate the package tour contract without notice if the traveler, despite a warning by Umfulana, permanently disrupts the execution of the tour or behaves contrary to the contract to such an extent that the immediate termination of the contract is justified; this does not apply if conduct contrary to the contract has arisen due to a breach of pre-contractual information obligations. If Umfulana terminates the contract, Umfulana retains the right to the travel price, but must take into account the value of the expenses saved as well as those gains that Umfulana obtains from using the services not used elsewhere, including the amounts credited to it by its service providers.

§ 8 Duties of the traveler to cooperate

8.1 Travel documents

The traveler must inform Umfulana or his travel agent with whom he has booked the package tour if he does not receive the necessary travel documents (e.g. e-ticket receipts, hotel vouchers) within the period notified by Umfulana despite payment of the tour price.

8.2 Notification of fault

Umfulana is obliged to provide the traveler with the package tour free of faults. If this is not the case, the traveler is obliged to immediately notify Umfulana of any problems. For this purpose, the traveler must immediately notify the local representative of Umfulana of any issues. If a representative of Umfulana is not present on site and is not contractually owed, the traveler must inform Umfulana directly of the problems that have occurred. The contact details of a local representative of Umfulana together with his availability and the general contact details of Umfulana for reporting a problem can be found in the travel confirmation. In addition, the traveler has the option of notifying the travel agent with whom he has booked the package tour of any problems.

The representative of Umfulana is charged with remedying the situation if possible. However, he is not authorized to recognize claims.

If Umfulana was unable to remedy the situation due to a culpable omission of the notification by the traveler, the traveler may neither assert claims for reduction according to § 651m BGB nor claims for damages according to § 651n BGB.

8.3 Setting a deadline before termination

If a traveler wishes to terminate the package tour contract due to considerable faults of the type described in § 651i BGB according to § 651l BGB, the traveler must set Umfulana a reasonable period of time in advance to remedy the situation. This does not apply if remedy is refused by Umfulana or immediate remedy is necessary.

8.4 Luggage delay and damage:

a) In accordance with the provisions of aviation law, the passenger must report any damage to his or her baggage or any loss or delay of baggage to the responsible airline immediately on the spot by means of a damage report (P.I.R.) and, for reasons of proof, have a confirmation in text form handed over to him or her. Both airlines and Umfulana generally refuse to make such claims on the basis of international agreements if the loss report has not been completed. In the event of damage to baggage, the claim must be lodged within 7 days and in the event of a baggage delay within 21 days of handover.

b) In addition, the damage, loss or baggage delay must be reported to Umfulana without delay in accordance with the statements in Section 8.2. Notification to Umfulana does not release the traveler from the obligation to notify the airline responsible in accordance with a) in due time.

§ 9 Limitation of liability

9.1 Umfulana's contractual liability for damages that do not result from injury to life, body or health is limited to three times the travel price, insofar as these were not culpably caused. If international agreements or statutory provisions based on such agreements apply to a travel service, according to which a claim for damages against the service provider arises or can only be asserted under certain conditions or restrictions,  or is excluded under certain conditions, Umfulana may also invoke this against the traveler.

9.2 Umfulana is not liable for disruptions to services, personal injury and damage to property in connection with services which are merely arranged as external services, such as excursions, sporting events, musical performances, exhibitions, if these services are expressly marked as external services in the travel description and booking confirmation, stating the identity and address of the arranged contractual partner, so clearly that they are not part of the package tour of Umfulana for the traveler. However, Umfulana is liable for these services if and to the extent that the injury to the traveler was caused by Umfulana's breach of duties of information, clarification or organization.

9.3 Umfulana is not liable for services used by the traveler within the scope of the package tour and which are not arranged or organized by Umfulana or its local representatives, but for example by the hotel or other persons or companies on their own responsibility.

§ 10 Assertion of claims, consumer dispute resolution

10.1 Claims according to §§ 651i Abs. 3 Nr. 2, 4-7 BGB must be asserted by the traveler against Umfulana. The claim can also be asserted by the traveler via the travel agent with whom he/she has booked the package tour. It is recommended to assert the claims on a permanent data carrier. 

10.2 The assignment of claims against Umfulana to third parties who are not tour participants is excluded.

10.3 In accordance with § 36 VSBG (Consumer Dispute Settlement Act), Umfulana points out that it does not participate in dispute settlement proceedings before a consumer arbitration body and is not legally obliged to do so. Should a legal obligation to participate in such a dispute settlement procedure arise after printing or should Umfulana participate voluntarily, Umfulana will inform the travelers of this on a permanent data medium.

§ 11 Passport, Visa and Health Regulations

11.1 Umfulana informs travelers about general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining any necessary visas, as well as health regulations prior to conclusion of the contract and any changes thereto prior to commencement of travel.

11.2 The traveler is responsible for obtaining and carrying the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages arising from non-compliance with these regulations, e.g. the payment of withdrawal costs, shall be at his expense. This does not apply if Umfulana has not provided sufficient or incorrect information.

11.3 Umfulana is not liable for the timely issue and access of necessary visas by the respective diplomatic representation if the traveler has instructed Umfulana with the procurement, unless Umfulana has culpably violated its own obligations.

§ 12 Information on the identity of operating air carriers

The EU regulation on informing passengers about the identity of the operating air carrier obliges Umfulana to inform the passenger about the identity of the operating airlines of all air transport services to be provided in the context of the booked trip at the time of booking. If the operating airline has not yet been determined at the time of booking, Umfulana is obliged to inform the passenger of the airline(s) likely to operate the flight(s). As soon as Umfulana knows which airline will operate the flight, Umfulana must inform the passenger. If the airline named to the traveler as the operating airline changes, Umfulana must inform the traveler of the change. Umfulana must immediately take all reasonable steps to ensure that the traveler is informed of the change as soon as possible.

The list of airlines banned from operating in the EU (the so-called "black list") can be found on the following website: https://ec.europa.eu/transport/modes/air/safety/air-ban_en

§ 13 Applicable law, place of jurisdiction

13.1 The contractual relationship between the traveler and Umfulana shall be governed by German law.

13.2 The Passenger may sue Umfulana only at its registered office. Legal actions brought by Umfulana against the traveler are based on the place of residence of the traveler. For actions against travelers who are merchants, legal entities under public or private law or persons, the registered office of Umfulana is agreed as the place of jurisdiction, provided that these ARB are applicable for the traveler's company due to a missing framework agreement for the handling of business trips. The same applies to travelers who are domiciled or habitually resident in a third country or whose domicile or habitually resident is not known at the time the action is filed.

13.3 The above provisions do not apply,

(a) if the provisions of international agreements applicable to the package travel contract between the traveler and Umfulana provide otherwise in favor of the traveler, or  

b) if the provisions of the Member State of the EU to which the traveler belongs, applicable to the package tour contract, are more favorable to the traveler than the above provisions or the corresponding German provisions. 

 

Tour Operator

Umfulana GmbH
Karlheinz-Stockhausen-Platz 7
51515 Kürten (Germany)
Phone: +49 (0) 22 68 / 90 98-0, Fax: -20
E-mail: info@umfulana.de
Internet: www.umfulana.de

Authorized managing director: Martin Bach, Tobias Garstka

 

Data protection notice

The personal data provided by passengers within the framework of booking the package tour will be processed electronically and used by Umfulana GmbH and its service providers (carriers, hotels, incoming agencies, database providers of entry and health regulations) and processed and stored in the AMADEUS reservation system (GDS) used worldwide, insofar as they are required for the execution of the contract. Under a US federal law on terrorist investigations, airlines are obliged to notify the US Transportation Security Administration (TSA) of each passenger's flight and reservation details before entering the USA. Without this data transfer, entry into the USA is not possible - this also applies to stopovers and transfer flights. This data must also be transmitted for flights to other countries which only affect US airspace.

The provisions of the DSGVO apply. The detailed data protection information, including the rights of travelers, is available on www.umfulana.com/dataprotection , can be requested under the contact details of Umfulana GmbH or will be made available at the time of data collection (travel enquiry/booking). 

Distance contracts

Umfulana GmbH points out that bookings of package tours in distance selling (e.g. by telephone, by e-mail) cannot be revoked according to §§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB. A right of revocation exists, however, if the contract for the package tour between Umfulana GmbH and the traveler who is a consumer has been concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based have been conducted on the consumer's previous order.

Travel Insurance

Umfulana GmbH generally recommends the purchase of a travel insurance policy to cover travel cancellation costs and a health care costs including coverage of the return travel costs in case of accident or illness.