Elke Janke Reisen GmbH has been offering holiday homes and apartments on La Palma since 1985. La Palma, is ideal for hiking, swimming, and relaxing.
Hotline +49 (0)30 4743997

General and Additional Travel Conditions - Elke Janke Reisen GmbH

The following General Terms and Conditions (AGB) shall, as far as they have been effectively agreed upon, become part of the travel contract between the customer and the tour operator Elke Janke Reisen GmbH - hereinafter referred to as “EJR”. These General Terms and Conditions supplement articles 651 a-m of the German Civil Code (BGB) as well as articles 4-11 of the BGB-InfoV (Ordinance on the Requirement to Provide Information and Supporting Documents in Civil Law).

These General Terms and Conditions shall not apply for the booking of flights, rental cars, and travel offers of third party tour operators unless expressly stated in the travel description or in the quotation. In such cases, Elke Janke Reisen GmbH act merely as an agent of third party services. The respective Terms and Conditions of the organized service providers, or agents shall apply.

  1. Conclusion of the Travel agreement
  2. Payment
  3. Services and Changes to Services
  4. Cancellation by the Customer, Substitute, Rebooking
  5. Unused Services
  6. Termination by EJR
  7. Duty to Cooperate
  8. Restricted Liability
  9. Assertion of Claims: Time-limits, Addressee, Assignment Prohibition
  10. Limitations Period
  11. Passports, Visa and Health Requirements
  12. Special Provisions Concerning Holiday Apartments and Holiday Homes
  13. Applicable Law and Jurisdiction
  14. Termination due to Force Majeure
  15. Miscellaneous

1. Conclusion of the Travel Agreement

1.1 With the reservation (travel registration/booking request), the client offers EJR the conclusion of a binding contract based on the performance specification, notes, prices according to the EJR web page and other EJR media as long as these were available to the customer on booking.

1.2 1.2 Such declaration does not require a certain form and can be done verbally, on the phone, in written, or in text form.

1.3 The customer is accountable for all contractual obligations of people travelling with the customer for whom the booking was made, as the customer is accountable for her/his own, insofar as he/she has accepted this obligation by way of a clear and separate declaration.

1.4 The travel contract will become binding from the time that EJR confirms the reservation (accepts the travel registration/booking request). This confirmation does not have to be provided in any particular form. When the contract is signed or immediately thereafter, EJR will send the customer a booking confirmation/invoice either in writing or in text form together with the Sicherungsschein (Safeguarding Certificate) in accordance with article 651k of the BGB.

1.5 If the content of the booking confirmation/invoice differs from the content of the travel registration/booking request, this constitutes a new quotation on the part of EJR to which EJR is bound for a period of 10 days. The contract comes into effect on the basis of this new quotation, if the customer declares her/his acceptance within this binding period by way of an express declaration, by paying the balance, or by starting the travel. back to top

2. Payment

2.1 After the conclusion of the contract, a down payment of 20% of the travel price will become due when the Sicherungsschein (Safeguarding Certificate) in accordance with article 651k para. 3 of the BGB of EJR’s insolvency insurance, is handed out to the customer.

2.2 The final payment is due three weeks prior to scheduled departure if the Sicherungsschein (Safeguarding Certificate) has been submitted.

2.3 For short-notice bookings (bookings which are effected at a date when the whole price is due) the tour price shall be payable in full against providing a Sicherungsschein (Safeguarding Certificate).

2.4 The insurance premiums for an additionally concluded cancellation insurance, or other insurances, are due with the down-payment in full.

2.5 Travel agents are not entitled to collect payments for EJR.

2.6 If payments are not made or not made in full in line with the agreed maturities and if the customer fails to make payment even after a reminder with payment deadline, EJR may withdraw from the contract. In this case EJR will demand the payment of cancellation charges in line with this section 4.3 of these General Terms and Conditions. back to top

3. Services and Changes to Services

3.1 EJR’s obligation to perform is exclusively determined by the content of the booking confirmation in conjunction with the travel descriptions valid on the travel date on the website and other media provided by EJR or an individual quotation by EJR including all information, notes and explanations contained therein.

3.2 Employees of service providers (e. g. property managers) as well as travel agents are not authorised by EJR to make agreements, to provide information or to make assurances which alter the agreed content of the travel descriptions or the booking confirmation, go beyond the contractually promised services of EJR or contradict the content of the travel agreement.

3.3 As for the travel descriptions, EJR expressly reserves the right to change the descriptions due to significant, unforeseen material reasons before the agreement is concluded under article 4, para. 2 BGB-InfoV.

3.4 Any changes and deviations of individual services from the agreed contents as specified in the travel contract which may become necessary after conclusion of the contract and are not due to actions on the part of EJR involving a breach of good faith are permissible only to the extent that they are of minor significance and do not impair the overall nature of the travel booked. Any warranty claims remain unaffected, insofar as the changed services are subject to deficiencies. EJR shall be obliged to inform the customer immediately concerning changes in or deviations from the services.

3.5 In the case of a substantial change of the travel service, the customer shall be entitled to withdraw from the contract or to request the participation in another travel that is at least of the same value as the travel in question, provided that EJR is able to offer such travel at no extra cost for the customer from his offer range. The customer shall assert his/her rights immediately towards EJR after being notified by EJR the change to the service or cancellation of the travel. The customer is recommended , to do that in writing. back to top

4. Cancellation by the Customer, Substitute, Rebooking

4.1 The customer may cancel the travel at any time prior to the travel start. The customer is obliged to submit the cancellation to EJR via the contact data attached at the end of these General Terms and Conditions. If the travel was booked via a travel agent, the customer can also submit the cancellation to the travel agent. The customer is recommended to submit the cancellation in writing.

4.2 If the customer cancels the travel or fails to take part in the travel, EJR loses the entitlement to the travel price. Instead, EJR can, as long as EJR is not responsible for the cancellation or the failure to undertake the tour and a case of force majeure does not exist, demand reasonable compensation for the making of the tavel arrangements and their costs depending on the respective travel price.

4.3 EJR has devised a flat-rate for reimbursements based on the proximity of the cancellation to the contractually defined beginning of the travel and calculated in relation to the total travel price. Such calculation will take into account any normally saved expenditure and customary possible alternatives for using the services.

The cancellation charges are calculated by EJR as follows:

- up to 30 days before departure   20% of travel price  
- up to 15 days before departure   30% of travel price
- up to 8 days before departure   50% of travel price
- up to 1 day before departure   80% of travel price
-
 
at the day or departure or no show
  95% of travel price

The customer is free to evidence to EJR that no or significantly lower costs were incurred than the costs imposed by the EJR when implementing the flat-rates applicable in the individual case.

4.4 EJR reserves the right to request a higher concrete reimbursement, in deviation from the above-mentioned flat-rates, if EJR can prove that the expenses were significantly higher than the applicable flat-rate. In this event, EJR shall be obliged to specify and prove a concrete number for the requested compensation, taking into account any saved expenditure and any possible alternative use of the service.

4.5 The statutory right of the customer in accordance with article 651b BGB to provide a substitute participant remains unaffected by the above provisions.

4.6 The customer is strongly recommended to take out a cancellation insurance as well as an insurance covering the cost of assistance, including repatriation, in the event of accident or illness.

4.7 The customer has no statutory right for a rebooking. If EJR changes the travel dates, the destination, the starting location or the holiday accommodation at the customer's request (rebooking), EJR is entitled to charge the customer a rebooking fee of 30.00 EUR per transaction up to 30 days prior to the travel start. Requests for a rebooking by a customer can, if possible, only be carried out after the cancellation of the travel contract in accordance with the provisions of section 4.3 and a simultaneously executed new registration of the travel. This shall not apply to change requests causing minor costs only. The customer’s right to furnish proof to EJR that substantially lower or no costs were incurred for EJR shall remains unaffected. back to top

5. Unused Services

If the customer fails to use part of EJRs services that were properly provided for reasons for which the customer is responsible (e. g. due to an early return), the customer shall have no right to claim partial reimbursement of the travel price. EJR shall endeavour to obtain reimbursement of the expenses which the service providers have saved. This obligation is not applicable when the efforts which have yet to be taken are fully insignificant or when the reimbursement contradicts any statutory or official regulations.

6. Termination by EJR

EJR can terminate the contract without notice if the traveller continues to disturb the travel despite proper admonishment by EJR or if the traveller’s conduct violates the contract to an extent that an immediate termination of the contract is justified. In the event that EJR terminates the contract, EJR still has the right to retain the travel price. However, EJR must make due cost adjustments to take into account the value of any saved expenditures as well as those benefits profited from for services not availed of by the traveller and put to other use, including any refunds received from the service provider. back to top

7. Duty to Cooperate

7.1 Travel Documents
The customer shall inform EJR, when he/she has not or not completely received the necessary travel documents (e. g. the accommodation voucher, or the travel informations including a contact person) within the deadline assigned by EJR.

7.2 Notice of Defect
The traveller is obliged to immediately inform the local agency or the respective property manager about defects and ask for redress; the traveller is advised of the contact information by EJR in the travel documents. If the local agency or the respective property manager are not available, the traveller shall inform EJR as detailed at the end of these General Terms and Conditions about the defects. If the traveller culpably omits to report a defect, he/she shall not have any right to assert claims. The local agency or the respective property manager is ordered to provide redress, insofar as this is possible. They shall, however not be authorised to accept claims.

7.3 Formal notice before termination
If a customer/traveller wishes to terminate the travel contract on the grounds of unreasonableness because of a defect of the type described in article 651 c BGB in accordance with article 651e BGB for a significant reason recognizable to EJR, the customer/traveller must set a reasonable period of notice for remedial action. This shall not apply, if remedy is impossible or refused by EJR or if the immediate termination of contract is justified by any particular interest of the customer/traveller recognized by EJR. back to top

8. Restricted Liability

8.1 EJR’s contractual liability for damages other than loss of life, bodily injury or damage to the health is limited to three times the amount of the travel price, as far as

a) the damage suffered by the traveller was not caused by EJR intentionally or by gross negligence, or

b) insofar as EJR is only responsible for a damage caused to the traveller because of the fault of the service provider.

8.2 EJR shall not be liable for interruptions of the service, personal injury and property damage related to services for which he acted merely as agent for external services, e.g. trips, hiking tours and other leisure activities, if these services were explicitly designated in the travel description and the booking confirmation as external services in such a way that they are discernible to the traveller as not being part of the service rendered by EJR.

8.3 EJR is, however, liable for services if and insofar as the damage suffered by the traveller was caused by EJR breaching their obligations to inform, advise and organise.

8.4 EJR shall not be held liable for services used by the traveller in context of the travel which are not organized or mediated by EJR but by any third person (e. g. the property manager or other persons or companies) under his/her/their own responsibility. back to top

9. Assertion of Claims: Time-limits, Addressee, Assignment Prohibition

9.1 Claims in accordance with articles 651 c-f of the BGB must be asserted by the customer/traveller with EJR within one month after the end of the travel as specified in the contract. The time-limit begins with the day that follows the day on which the contractual travel ends. If the last day of this time-limit falls on a Saturday, a Sunday, or a statutory public holiday in the country where the contractual declaration is made, such day will be replaced by the following working day.

The timely enforcement can only be made against EJR to the contact data set out at the end of these General Terms and Conditions. An enforcement in writing is recommended. After the expiration of the time-limit the customer/traveller can only enforce his/her claims, if, through no fault of his own, he was prevented from meeting the time-limit.

9.2 The assignment of claims against EJR to third parties, who are not travel participants or family members, is excluded. back to top

10. Limitations Period

10.1 Claims of the customer/traveller under articles 651 c-f of the BGB arising from fatal injury, bodily harm or damage to health which were caused by a wilful or negligent breach of duty on the part of EJR or a legal representative or vicarious agent of EJR will lapse after 2 years. This also applies to claims for compensation for other damages that arise from a wilful or grossly negligent breach of duty of EJR or a legal representative or vicarious agent of EJR.

10.2 All other claims under articles 651 c-f of the BGB lapse after 1 year.

10.3 The determining date for the lapse of claims is based on the day that follows the day on which the travel ends. If the last day of this deadline falls on a Saturday, a Sunday, or a statutory public holiday in the country where the contractual declaration is made, such day will be replaced by the following working day.

10.4 If there are ongoing negotiations between the customer/traveller and EJR regarding the claim or the circumstances underlying the claim, the period after which the claims will lapse will be suspended for as long as until the customer/traveller or the Tour Operator refuse to continue the negotiations. The claims will lapse 3 months after the end of the suspension, at the earliest. back to top

11. Passports, Visa and Health Requirements

11.1 EJR will be responsible for notifying nationals of the country in which the travel is offered of any requirements concerning passport, visa and health regulations, as well as any amendments to such regulations before travel start. Nationals from other countries should contact the respective consulate responsible for them. EJR assumes that there are no special circumstances attaching to the travelling persons (e. g. dual citizenship, statelessness). 11.2 The traveller is responsible for obtaining and carrying any necessary travel documents, any necessary immunizations and for adhering to customs and exchange control regulations. All disadvantages, e. g. the payment of cancellation charges arising from the non-compliance with these regulations, shall be at the expense of the traveller with the exception of consequences due to culpably incorrect or deficient information provided by EJR. back to top

12. Special Provisions Concerning Holiday apartments and Holiday Homes

12.1 Deposit
A deposit shall be paid to the local agent or the property manager in cash before the hand-over of the keys. The amount of the deposit is indicated in the respective travel description. The deposit will cover potential damages caused by the customer/traveller, or consumption-based costs payable on site. The deposit will be refunded when the keys are given back to the local agency or property manager at the end of the travel, provided that the accommodation including all its inventory are left in normal condition. If the final cleaning is contractually to be done by the customer/traveller, the performance of the final cleaning is also a requirement for the refunding of the deposit.

This shall not affect EJR's right to claim for damages to the house or the inventory caused by the customer/traveller. This also applies to damages caused by a guest of the customer/traveller.

The customer/traveller is obliged to report any damages caused by him immediately, but no later than at the return of the keys to the local agency or the property manager. If the customer/traveller fails to do so, the confirmation by the local agency or the property manager is regarded as proof of the damage caused by the customer/traveller. The customer's/traveller's right to furnish proof that the damage was not caused by himself/herself shall remain unaffected.

12.2 Additional costs
Additional consumption-based costs as well as additional services requested by the customer are not included in the travel price. Unless stipulated otherwise in the service description, the payment will be due in cash on site to the local agency or the property manager.

12.3 Number of Persons/Pets in the Holiday Accommodation
The holiday accommodation may only be occupied by the number of adults and children listed in the service description and in the travel confirmation. The same applies to the taking along of pets, provided that pets are admitted in the holiday accommodation. If the customer overcrowds the holiday accommodation or takes along any pets without permission, he/she may lose permission to move into the holiday accommodation. In this respect, EJR explicitly refers to section 6 of this General Terms and Conditions. back to top

13. Applicable Law and Jurisdiction

13.1 The contractual relationship between the customer and EJR shall exclusively be subject to German law.

The customer can take legal action against EJR only at the place where EJR has its registered office. Any legal action taken by EJR against the customer must be made at the place where the customer has its domicile. For any legal action against a customer who are merchants, legal persons under public or private law, or persons who are domiciled or have their habitual residence in a foreign country or whose domicile or habitual residence is unknown at the time the action is taken, the place where EJR has its registered office is agreed as the place of jurisdiction.

13.3 The aforementioned conditions do not apply

a) if and insofar as something else applies in favour of the customer/traveller on the basis of contractually non-modifiable regulations of international agreements which are applicable to the contract between the the customer/traveller and EJR

or

b) if and insofar as non-modifiable regulations in the member state of the EU to which the customer/traveller belongs are applicable to this contract and are more favourable to the customer/traveller than the regulations in these General Terms and Conditions or the applicable German provisions. back to top

14. Termination due to Force Majeure

We refer to article 651j of the BGB in the case of a termination of the contract due to force majeure. The wording of this article is as follows:

“(1) If the travel is substantially impaired, jeopardised or adversely affected as a result of force majeure not foreseeable when the agreement was entered into, both the tour operator and the traveller may terminate the agreement solely under these provisions.

(2) If the contract is cancelled in line with paragraph 1 above, the provi-sions of article 651e para. 3 sentence 1 and 2, para. 4 sentence 1 of the BGB shall apply. The extra costs for return transport are shared equally between the parties. Otherwise, the traveller bears the extra costs of return transport.”

15. Miscellaneous

Last updated: 01 May 2017

Tour operator: Elke Janke Reisen GmbH
Klaustaler Straße 5
13187 Berlin
Phone: +49 30 - 474 39 97
Fax: +49 30 - 474 39 96
Email: info@janke-reisen.de
Managing director: Elke Janke

Data Protection Notice:

Personal data provided by the customer in context of the booking will be processed electronically and used and stored by Elke Janke Reisen GmbH and their service providers as necessary in order to execute the contract. The regulations of the BDSG (Federal Data Protection Act) shall apply.

Travel Insurances:

Elke Janke Reisen GmbH generally recommends taking out a travel cancellation insurance and a fully comprehensive travel insurance to cover medical expenses, emergency travel with repatriation assistance and personal accident by Europäischen Reiseversicherung AG (ERV), Rosenheimer Str. 116, 81669 München.

Distance Selling Contracts:

Elke Janke Reisen GmbH note that the booking of package tours, flights, rental cars, and accommodations in distance selling cannot be revoked in accordance with article 312g para. 2 No. 9 BGB. back to top