General Terms and Conditions (AGB)
All contracts for the provision of travel services that you conclude with us, Tanago GmbH, via the website www.tanago.de are subject to these terms and conditions.
1. contracting party
The contract for the provision of travel services is concluded with Tanago GmbH, Malplaquetstr. 10, 13347 Berlin, Phone: +49 (0)151-27 588 064, E-Mail: info(at)tanago(dot)de
2. registration and conclusion of contract
The travel brochures and/or travel advertisements presented on our website do not constitute an offer to conclude a travel contract, but are merely to be understood as an invitation to submit an offer. To register for a trip, enter the data requested online in the order form, such as your name, address and e-mail address. By clicking the button "Order subject to payment" or "Book subject to payment" you complete the order process and make us a binding offer to conclude a travel contract. If you list further participants in the order, the registration also applies to these participants, for whose contractual obligations you are responsible as for your own obligations from the order, unless otherwise agreed. You will immediately receive a confirmation of receipt of your order by e-mail. The confirmation of receipt does not constitute an acceptance of your offer, but only serves to confirm the receipt of your order by us. The contract with us is concluded as soon as you receive an order or travel confirmation on a durable data carrier (e.g. by post or e-mail).
If you receive an order/travel confirmation with deviating contents, this is to be understood as a rejection of your offer. At the same time, we will make you an offer to conclude a contract with the changed content. We are bound to this offer for ten days. The contract is concluded on the basis of this new offer if you declare your acceptance by telephone, post or e-mail within the specified period.
Before you complete your order, you have the opportunity to correct the information provided in the order form. To do so, click or touch the relevant form field and then delete the information with the delete button. You can then re-enter the information. You can cancel the order process before you submit your offer by closing your browser window.
3. payment and customer money protection
In accordance with § 651r paragraph 2 BGB (German Civil Code), your deposited funds are secured by an insurance policy in the event of our inability to pay or insolvency. You will receive the certificate of protection after conclusion of the contract together with the invoice by post or e-mail. A deposit of 20% of the travel price is due upon receipt of the invoice and the security certificate. The remaining amount is due upon receipt of the security certificate 20 days before the start of the trip (for trips lasting more than six days) or fourteen days before the start of the trip (for shorter trips).
You will receive the travel documents by post or e-mail immediately after payment of the total travel price.
Delayed receipt of payment entitles us to withdraw from the travel contract after a reminder with a deadline and to demand compensation in accordance with Item 6 of these Terms and Conditions, provided that we are willing and able to properly provide the travel services covered by the contract, that we fulfil our statutory information obligations and that you have no statutory or contractual right of retention. You can prove to us that no costs or significantly lower costs have been incurred than those shown in the compensation lump sums.
4. contract amendment and price increase
For the scope of the contractual services, the description of services in our brochure and/or our travel invitation to tender, as they have become the basis of the contract, as well as the information referring to this in the travel confirmation are binding. Additional agreements that change the scope of the contractual services require express confirmation.
Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which are not caused by us in bad faith, in particular in the selection of the scheduled airlines, aircraft types, railway vehicles, photo locations, hotels or other services specified in the programme, are permitted, provided that the change is insignificant and we inform you of this clearly and comprehensibly and in a highlighted manner on a permanent data carrier (for example by e-mail) before the start of the trip.
We are entitled to increase the tour price after conclusion of the contract if the price increase is directly attributable to
c.I.) an increase in the price of passenger transport after the conclusion of the contract due to higher costs for fuel or other energy sources, or
c.II.) an increase in taxes and other charges for agreed travel services (such as tourist taxes, port or airport charges); or
c.III.) a change in exchange rates.
In the event of a price increase in accordance with (i) above, we shall calculate the travel price by adding xxxx In the event of an increase in taxes and exchange rates (ii) or (iii), we shall increase the travel price accordingly on a pro rata basis. We must inform you of the price increase and the reasons for it on a permanent data carrier (e.g. by e-mail) and notify you of the calculation of the price increase no later than 20 days before the start of the journey.
You have the right to demand a reduction of the tour price if and insofar as the above-mentioned prices, charges or exchange rates have changed after conclusion of the contract and before the start of the tour and this leads to lower costs for us. If you have paid more than the amount owed hereunder, we shall reimburse you the additional amount. We may deduct the administrative expenses actually incurred by us from the additional amount to be refunded. If you so request, we shall provide you with evidence of the amount of the administrative expenses.
If increases exceed 8% of the travel price, we can offer you a corresponding price increase and demand that you accept our offer of a price increase within a reasonable period of time determined by us or that you declare your withdrawal from the contract. The offer for a price increase is invalid if we submit it later than 20 days before the start of the journey. In the event of your withdrawal, we shall be entitled to reasonable compensation in accordance with clause 6.
We can also make an offer in accordance with e) for other changes to the contract if we are only able to procure the trip due to a circumstance that occurred after the conclusion of the contract with a considerable change in one of the essential characteristics of the travel services (Article 250 § 3 number 1 of the Introductory Act to the German Civil Code), for example the destination, or only by deviating from special requirements on your part that have become part of the contract. We are entitled to make you an offer for such a change of contract up to the start of the journey.
In our offer to increase the price or amend the contract, we can also offer you the participation in a substitute trip. If you do not express your opinion within the period set for you in the offer, our offer to increase the price or otherwise amend the contract shall be deemed to have been accepted in accordance with § 651g (2) sentence 3 BGB (German Civil Code), provided that we have informed you in advance in a proper manner (in accordance with Article 250 § 10 of the Introductory Act to the German Civil Code - EGBGB).
Any warranty claims shall remain unaffected insofar as the modified services are defective.
5. information on the identity of the operating air carrier
In accordance with Regulation (EC) 2111/2005, they shall be informed of the identity of the operating air carrier(s) at the time of reservation. If this is not yet known at the time of booking, information on the identity of the likely operating air carrier(s) shall first be provided. As soon as the identity has been definitively established, this information shall be provided. In the event of a change of operating air carrier(s) after booking, this shall be notified immediately. The list of air carriers subject to an operating ban in the EU is available at www.tanago.de.
6. withdrawal of the customer, rebooking, substitute participant
You can withdraw from the contract at any time before the start of the journey. If you withdraw from the travel contract or do not start the journey, we lose the claim to the agreed travel price. However, we can demand reasonable compensation; this does not apply if we are responsible for the withdrawal or the failure to commence the journey. We may also not demand compensation 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.
In calculating the following compensation lump sums, the period between your declaration of withdrawal and the start of the trip as well as expected savings of our expenses and expected acquisition through other use of the travel services by us are taken into account. The compensation lump sum is per participant:
For one-day trips or one-day events:
up to the 60th day before the start of the trip: 30% of the trip price;
from the 59th to the 30th day before the start of the trip: 70 % of the trip price;
from the 29th day to the day of departure: 100 % of the tour price (even if no-show on the day of departure).
For multi-day trips or multi-day events without additional package services such as accommodation or transfers:
up to the 60th day before departure: 30 % of the tour price
from the 59th to the 30th day before the start of the journey: 70 % of the price of the journey
from the 29th to the day of departure: 100 % of the price of the journey (even in the event of no-show on the day of departure).
For multi-day trips or multi-day events including additional package services such as accommodation or transfers:
up to the 50th day before departure: 30 % of the tour price;
from the 49th to the 30th day before the start of the trip: 50 % of the price of the trip;
from the 29th to the 8th day before the start of the journey: 75 % of the price of the journey
from the 7th day to the day of departure: 100% of the tour price (also in case of no-show on the day of departure). You are at liberty to prove that no or significantly lower costs have been incurred than those shown in the compensation lump sums. In the event of cancellation, any airline tickets, train tickets, etc. already issued to you must be returned to us. Your right to provide a replacement participant in accordance with section 6 d) remains unaffected.
If, at your request, changes are made after conclusion of the contract and before the start of the journey with regard to the start of the journey, accommodation, destination, place of departure or mode of transport, we shall generally incur the same costs as for your withdrawal. We must therefore charge you the same amount of costs as would have been incurred for a cancellation of travel in accordance with the above paragraphs at the time of the rebooking. For other, minor changes we will charge you a handling fee of 50 € per participant. You can prove to us that no or significantly lower costs have been incurred than those shown in the compensation lump sums or the processing fee.
You can have yourself replaced by a third party if you inform us of this on a permanent data carrier, for example by e-mail, within a reasonable period of time, but no later than seven days before the start of the trip. The replacement participant enters into the rights and obligations of the contract concluded with us. However, we may object to the replacement participant if the third party does not fulfil the contractual travel requirements. If a replacement person takes your place, you and the replacement person are jointly and severally liable to us for the travel price and the additional costs incurred by us as a result of the change, if and to the extent that the additional costs are reasonable in amount and have actually been incurred by us. In the event of a claim for additional costs, you will receive proof of the amount to which the costs were incurred.
7. services not used
If you do not make use of individual travel services for reasons that are attributable to you, although we are willing and able to provide the service, we will make every effort to obtain reimbursement of the saved expenses from the service providers and forward any reimbursements to you. This does not apply if the services in question are completely insignificant.
8. cancellation and withdrawal by the tour operator
We can cancel the travel contract without notice if you persistently disturb the execution of the trip despite our warning or if you behave in such a way contrary to the contract that it justifies the immediate cancellation of the contract. If we terminate the travel contract, we shall retain the claim to the travel price; however, we must have the value of the expenses saved as well as those advantages that we obtain from any other use of the services not used, including any amounts reimbursed to us by the service providers.
In the following cases we can withdraw from the travel contract before the start of the journey:
b.I.) if the minimum number of participants specified in the contract is not reached: In this case, we will notify you of the withdrawal immediately, at the latest, however, 20 days before the start of the trip for trips of more than six days or at the latest fourteen days before the start of the trip for trips of shorter duration;
b.II.) if we are prevented from fulfilling the contract due to unavoidable, exceptional circumstances. In this case, we shall notify you of the withdrawal immediately after becoming aware of the reason for withdrawal.
If we withdraw from the contract, we shall lose the claim to the agreed travel price. You will receive the paid travel price back immediately, at the latest within 14 days after the withdrawal. Further claims do not exist.
9. liability
Our contractual liability for damages, which are not bodily injuries, is limited to three times the travel price, as long as a damage caused to you was not culpably caused by us or our vicarious agents.y
Claims that go beyond the limitation in clause 9 a) according to international agreements or legal regulations based on such agreements remain unaffected.
Insofar as a claim for damages against the service provider can be limited or excluded on the basis of international agreements or statutory provisions based on such agreements, this also applies to our liability.
We shall not be liable for service disruptions, personal injury and property damage in connection with services which are merely brokered by us as external services, e.g. congresses, concerts, sports, theatre events, excursions, rental cars, etc., and which are expressly marked as external services in the travel description and confirmation, stating the identity and address of the brokered contractual partner in such a way that the services are recognisably not part of our travel services, even if our tour guide participates in these special events.
We are not liable for impairments due to force majeure (e.g. strike, epidemics, war, unrest, natural disasters, official orders, landslides, derailments, unforeseeable technical defects, theft, etc.).
In the case of trips that we merely broker without being a tour operator, we owe it to ourselves to carry out the brokerage with the care of a prudent businessman.
Rail&Fly: For many journeys it is possible to travel to the airport by Rail&Fly. We would like to point out that travelling to the airport with Rail&Fly is not part of the trip we offer, but rather an offer from the airline(s), which may be subject to a fee. If you take advantage of this offer, please note that you are responsible for your own journey when planning your train connections. We cannot accept any liability for delays and train cancellations.
10. rights and obligations in case of travel defects
In the event of a travel deficiency, you can demand remedy within a reasonable period of time. You are obliged to notify us of a travel deficiency without delay. For this purpose, please first contact our local representative in the respective destination area, if possible. If this representative cannot be reached, please contact us directly. Our tour guide will accept your notification of defects, but is not authorised to accept claims. We would like to point out that in the event of loss, damage or delay of baggage and goods during air travel, a notice of damage (P.I.R.) must be submitted on the spot to the airline that performed the transport. In the event of damage, the notice of damage must be submitted immediately after discovery of the damage, in any event within seven days of acceptance in the case of checked baggage and within fourteen days in the case of goods. In the case of delay, the claim shall be made within twenty-one days after the baggage or goods have been placed at the disposal of the passenger. According to international conventions, late notification leads to the loss of the passenger's rights.
If you culpably omit to report a travel deficiency immediately and we have consequently been unable to remedy the situation, you are not entitled to reduce the travel price in accordance with § 651m BGB or to claim damages in accordance with § 651n BGB.
We may refuse to provide remedy if it is impossible or, taking into account the extent of the travel defect and the value of the travel service concerned, would involve disproportionate costs. If we refuse redress for one of the above reasons and if the travel deficiency affects a considerable part of the travel services, we must offer you redress in the form of appropriate compensation.
You have the right to cancel the travel contract if the travel is significantly impaired by the travel deficiency. The termination is only permissible if we have let a reasonable period of time set by you pass without providing a remedy. There is no need to set a deadline if we refuse to provide redress or if immediate redress is necessary.
Your claims as described in this clause 10 shall become statute-barred after two years, beginning on the day on which the trip should have ended according to the contract.
11. passport, visa and health requirements
You will be informed by us in our travel brochures/advertisements about general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas and health formalities. You yourself are responsible for complying with passport, visa and health regulations. All disadvantages resulting from non-compliance are at your expense. This does not apply if we have not informed you or have informed you incorrectly.
We are not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if you have commissioned us to procure them. This does not apply if we are responsible for the delay.
12. insurances
If a travel cancellation insurance is not expressly included in the travel invitation or travel confirmation, it is not part of our travel services. In this case, we recommend that you take out travel cancellation insurance in good time. We also recommend that you take out travel insurance for luggage, accident, liability and health insurance.
13. storage of the contract text
The text of the contract is stored by us. The order data will be sent to you by e-mail after registration together with these terms and conditions. You will receive your travel documents as well as the insurance certificate after conclusion of the contract as described above under point 3.
14. contract language
The contract language is German.
15. place of jurisdiction
If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Berlin. The same applies if the contractual partner moves its domicile or usual place of residence outside the scope of this law after conclusion of the contract or if its domicile or usual place of residence is not known at the time of filing a suit.
16. information on online dispute resolution
For the out-of-court settlement of disputes between consumers and companies arising from online legal transactions, the European Commission has set up a European platform for online dispute resolution on the Internet. You can access the OS platform via the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE
We are not obliged to take part in, and do not participate in, dispute resolution proceedings before a consumer arbitration board.
17. severability clause
Should individual provisions of these terms and conditions be invalid in whole or in part, the validity of the remaining provisions shall not be affected.
Berlin, October 2018
Tanago GmbH
Malplaquetstr. 10
13347 Berlin
Phone: +49 (0)151-27 588 064
E-Mail: info@tanago.de
Internet: www.tanago.de