These Travel Conditions, which are accepted by you upon reservation, shall regulate the legal relationship between you and Elke Janke Reisen GmbH. They shall apply in addition to §§ 651a et seq. of the German Civil Code.
1. Registration, Travel Confirmation
The written, electronic, or oral registration is deemed to be a binding offer to the tour operator for the conclusion of a travel contract. This travel contract becomes binding, if the operator confirms the travel reservation and price in writing to the traveller or his/her representative.
Upon conclusion of the contract and receipt of the risk coverage certificate (Sicherungsschein) of REISEGARANT according to §651k of the German Civil Law, an advance payment of 20 %, but no more than € 260.00 per person, is to be made. The advance payment is due immediately, the remaining amount three weeks before the start of the trip. The documents are sent to the customer after the receipt of his/her payment or, at his/her request, handed over against payment in the travel agency. If the payment has not been received by ten days before the start of the trip, the travel agency shall be entitled to send the documents through cash on delivery. The price of scheduled flights, for which tickets are to be issued immediately, is payable immediately. Tickets for scheduled flights are sent immediately after receipt of payment by registered mail. Any delivery costs incurred shall be borne by the customer.
Any banking fees (own and others) incurred for money transfers from foreign countries are also to be borne by the customer. Fees charged to our account are invoiced subsequently.
3. Services and Price Changes
Scope and type of the mutual services shall exclusively be subject to the descriptions and pictures of the Internet pages of Elke Janke Reisen GmbH and the prices which are valid for the travel period. top
4. Cancellation and Changes Requested by the Customer
The traveller may cancel the travel contract at any time before the start of the trip. Each registered traveller shall pay lump-sum compensation in this case as follows:
|-||up to 30 days||prior to departure||20 % of the tour price,||at least € 30|
|-||between 29 and 15 days||prior to departure||30 % of the tour price|
|-||between 14 and 8 days||prior to departure||50 % of the tour price|
|-||less than 8 days||prior to departure||80 % of the tour price|
|-||on travel date*||95 % of the tour price|
*does not appear or cancels the trip
Flights are subject to special cancellation and alteration conditions and are settled in compliance with the relevant rate conditions.
The traveller is entitled to prove that the organizer has sustained no loss or only an insignificant loss as a result of the cancellation.
The same charges as for cancellations are invoiced for changes in reservations. This shall not apply to change requests causing minor costs only. The most cost-efficient solution shall be realized. top
5. Default in Performance due to Force Majeure
Both contracting parties may terminate the contract, if the realization of the trip is impeded, endangered or impaired by force majeure and if this was not foreseeable when entering into the contract. The same right is granted in the event of strikes and/or lockouts, unless attributable to the tour operator.
6. Liability of the Tour Operator
The tour operator shall be liable within the limits of the due care and diligence of a prudent businessman for conscientious travel preparations, the diligent selection and control, correct service descriptions and proper performance of the agreed travel services. Our liability is excluded, if the trip is impaired or cancelled due to force majeure and other circumstances beyond our control. Any costs incurred shall be borne by the traveller. top
7. Restricted Liability
The liability of the tour operator according the travel contract is limited to three times the travel price, if a) the damage of the traveller has not been caused by intent or gross negligence or b) if the tour operator is responsible for a damage incurred by the traveller, solely due to the fault of a party rendering any services.
We are also not liable for impairment of performance in connection with services that are only brokered as third party services (e.g. rental cars), and which are expressedly marked as external services in the travel descriptions.
We shall not be liable for travels of other operators, which organise the travels in their own name and on their own account. We are only the negotiating travel agency of such offers. The relevant tour operator shall be liable in compliance with his/her travel conditions, which are written down in the tour operator's brochure.top
If the tour is not executed as laid down in the agreement, the traveller may demand redress. Complaints must be notified immediately to the local independent contact person. Such person has the express instruction to initiate the removal of notified defects. However, the person is not entitled to make a binding declaration for the operator and is not its vicarious agent.
Very important: Complaints notified to the operator without delay will be processed by the operator immediately in the interest of a regulation in compliance with the contract. If the operator is not notified of a complaint at the earliest possible date and if it has therefore, totally or partially, no possibility of removing the damage or defect, the operator may exclude a liability in the event of the culpable failure to provide such notification.
In the case that the journey is deficient and the tour operator does not provide remedial action within the appropriate deadline determined by the travelling person, the travelling person has the right to provide for relief himself/herself and require compensation for the necessary expenses. There is no need for setting a deadline if the tour operator refuses relief or a particulat interest of the travelling person justifies immediate self-help. top
9. Obligation to cooperate
In the event of defaults in performance, the traveller is obliged to undertake all acceptable efforts to contribute to the removal of a default and to minimize the possible damage. If the traveller fails to fulfil these obligations through his/her own fault, he/she shall have no claims in this respect.
10. Exclusion of Claims and Period of Limitation
All claims arising out of this travel contract are to be made in writing to ELKE JANKE REISEN GmbH, Klaustaler Str. 5, 13187 Berlin within one month after the contractually agreed return date. All claims for damages due to personal injury or death of the traveller shall be statute barred three years after the contractually agreed return date.top
We recommend effecting travel cancellation insurance. If it is directly booked with Elke Janke Reisen GmbH, the insurance must be effected jointly with the reservation, but no later then within 5 days of receipt of the reservation confirmation. The insurance policy is invoiced with the advance payment.
12. Reconfirmation of Flight Departure Times
Even though the airlines don't expressly request it anymore, we recommend you to check the departure times one to two days prior to the booked flight date printed on the ticket. top