General and Additional Travel Conditions

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 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.

2. Payment

Upon conclusion of the contract, 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. Important: 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 travel brochure and the prices of the attached price list, which are valid for the travel period.

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 before the start 20 % of the travel price, 29 to 15 days before the start 30 % of the travel price 14 to 8 days before the start 50 % of the travel price 7 to 1 day before the start 80 % of the travel price

If the traveller does not appear or cancels the trip on the travel date, the full price is charged. Short-term offers and scheduled flights are subject to special cancellation and alteration conditions and are settled in compliance with the relevant rate conditions. The traveler is free to proof that no or a substantially lower damage has arisen. 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.

5. Default in Performance due to Force Majeure

Both contracting parties may terminate the contract, if realization of the trip is impeded, endangered or impaired 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. If transport by scheduled traffic is carried out in relation or in addition to a trip and a relevant transport ticket is issued to the traveller, the tour operator renders external services as a negotiator. Therefore, it shall not be liable for rendering the transport services itself. The possible liability shall be based on the transportation terms and provisions of such companies, which are notified and made accessible to the traveller at his/her request.

7. Restricted Liability

We shall not be liable for any default in performance in connection with services, which are only negotiated as external services (e.g. excursions, rental cars, etc.) and which are expressly identified as external service in the travel conditions. 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 its travel conditions, which are printed in the brochure or available from us.

8. Warranty

If the trip does not take place as agreed in the contract, the traveller may request relief. 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. 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.

9. Duties 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. Reconfirmation Abroad

The passenger must have his return flight reconfirmed abroad at the earliest three working days, at the latest one working day before the return flight date printed on the ticket. We expressly emphasize the possibility of flight times being modified subsequently in the case of charter, scheduled and special flights. If the passenger misses the return flight date due to a proper reconfirmation, the performance has lapsed without reimbursement.

11. 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 after three years.

12. Insurance

For security reasons, we recommend effecting travel cancellation insurance. Such 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.

13. Place of Jurisdiction

The place of performance shall be the travel operator's registered seat. The place of jurisdiction shall be Offenbach/Main, insofar as permitted by law.

14. Disclaimer

In compliance with a judgment of the Hamburg district court of 12.05.1998, under which the operator of a Web site might also be responsible for the contents of a linked site, we dissociate ourselves expressly from the form and contents of any Web sites connected with our Web site through links or banners and declare that their contents are not within our range of responsibility.