Terms & Conditions of MUKA Travel GmbH

The following provisions shall be the content of the agreed travel contract between the customer and the company MUKA Travel GmbH , hereinafter referred to as “MUKA Travel”.

1. CONCLUSION OF TRAVEL AGREEMENT

1. CONCLUSION OF TRAVEL AGREEMENT

1.1 With the booking (registration) for a booked trip, the customer MUKA Travel offers the binding conclusion of a travel contract. When booking, the customer acknowledges these general terms and conditions. These supplement the legal requirements of §§ 651a – m BGB and the information requirements for travel organizers in accordance with §§ 4 – 11 BGB-InfoV and further define the contractual relationship between the customer and MUKA Travel as a travel agent. The basis for all bookings of the offers of MUKA Travel is the offer description by MUKA Travel. Information in tour guides or other directories which are not published by MUKA Travel are not binding for the performance of MUKA Travel.

1.2 The booking for a trip can be made verbally, in writing, by telephone, by email or by fax. The customer is bound to his contract offer until acceptance by MUKA Travel, but for a maximum of 14 days. The acceptance by MUKA Travel does not require any specific form. Upon or immediately after conclusion of the contract, MUKA Travel will send the customer a travel confirmation (declaration of acceptance). The contract is also concluded if the written confirmation of booking is not received by the customer. The customer shall be liable for any contractual obligations of other travelers for which he makes a booking, as for his own, insofar as he has assumed a corresponding obligation by means of an express and separate declaration.

1.3 If the content of the travel confirmation of MUKA Travel deviates from the content of the booking, then a new offer of MUKA Travel is available, to which MUKA Travel is bound for the duration of 10 days. The contract is concluded on the basis of this new offer if the customer declares acceptance by express declaration, down payment, final payment or the use of the travel services.

1.4 For bookings in electronic commerce (Internet), the following applies to the contract conclusion: The customer is led step by step through the process of online booking. For the correction, the deletion or the resetting of the online book form is available to him a corresponding correction possibility. By clicking on the “Post paying booking” button, the customer MUKA Travel offers the binding conclusion of a travel contract. The transmission of the booking (travel booking) by clicking on the button “Pay for booking” does not constitute a claim of the customer on the condition of a travel contract according to its booking (travel registration). The contract is concluded by accepting MUKA Travel.

2. PAYMENT

2. PAYMENT

2.1 After the conclusion of the contract, a deposit of 20% of the travel price is due after delivery of a security deposit in the sense of § 651 k para. 3 BGB. The deposit is payable within 7 days after receipt of the security deposit and will be charged to the travel price. The balance is payable 4 weeks before the start of the trip, provided the guarantee is handed over and the trip can no longer be canceled for the reason stated in section 7.a.

2.2 For bookings made less than 4 weeks prior to departure, the entire travel price is payable immediately after delivery of the security deposit.

2.3 MUKA Travel only accepts payments by transfer to our bank account at VR Bank Bergisch Gladbach, IBAN: DE84370626003411909017, BIC: GENODED1PAF.

2.4 If the customer is in arrears with the down payment or with the final payment, MUKA Travel is entitled to withdraw from the travel contract after a deadline with a deadline, and to demand damages in the amount of the agreed withdrawal costs in accordance with section 5.3. In the case of incomplete payment of the travel price, the customer is not entitled to provide the travel service.

3. SERVICES

3. SERVICES

3.1 The scope of the contractually agreed services of MUKA Travel is determined by the travel description and the individual travel confirmation. If an individual travel history is compiled by MUKA Travel, MUKA Travel’s obligation to provide services results from the specific offer made in connection with the booking confirmation.

3.2 The travel offers of MUKA Travel are binding. However, MUKA Travel reserves the right to declare a change of specific travel services for the travel offer for material reasons, considerable and unforeseeable reasons before the contract is concluded, informing the customer before the booking. For the above reasons, MUKA Travel also reserves the right to make changes to the specific price of the travel contract before conclusion of the contract, which informs the customer before booking.

3.3 Tour guides are not authorized to make any representations that differ from the content of the travel contract or to make altering or supplementary agreements.

4. CHANGE OF PRICE AND SERVICE

4. CHANGE OF PRICE AND SERVICE

4.1 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 have not been contravened by MUKA Travel in good faith, are only permitted insofar as the changes or deviations are not substantial and do not affect the overall trip of the trip ,

4.2 Any warranty claims remain unaffected as long as the amended services are subject to defects. 4.3 MUKA Travel is obligated to notify the customer immediately of any material changes or deviations.

4.4 MUKA Travel reserves the right to change confirmed prices, in particular with increases in transport and fuel costs, entry fees, charges for certain services such as airport charges or changes in exchange rates, in accordance with the following provisions:

  1. In case of an increase in transport and / or fuel costs: In the case of an increase in the seat, MUKA Travel may demand the increase amount from the customer. In other cases, the additional transport costs required by the carrier for each means of transport are divided by the number of seats of the agreed means of transport. MUKA Travel can demand the resulting increase for the individual location from its customers.
  2. If the taxes existing upon conclusion of the travel contract, such as airport fees or entry costs MUKA Travel are increased, the travel price can be increased by the corresponding pro rata amount.
  3. In the case of a change in the exchange rates after the conclusion of the travel contract, the travel price can be increased to the extent that the journey has become more expensive for MUKA Travel.

4.5 An increase is only permissible if there is more than 4 months between conclusion of the contract and the agreed travel date and the circumstances leading to the increase have not yet occurred before conclusion of the contract and were not foreseeable at the time the contract was concluded for the tour operator.

4.6 In the event of a subsequent change in the travel price, MUKA Travel will immediately inform the customer of the change reason. However, a price change must be received by the customer at the latest at the end of the 21st day before the departure date. Price increases after this date are not permissible.

4.7 In the case of price increases of more than 5% or a substantial change in a major travel service, the customer shall be entitled to withdraw from the travel contract free of charge or to demand participation in an at least equivalent trip if MUKA Travel is able to arrange such a trip without surcharge for the Customers from its offer. The customer must assert the aforementioned rights against MUKA Travel immediately after explaining the price increase or the change of the travel service.

5. CANCELLATION POLICY

5. CANCELLATION POLICY

5.1 The customer can withdraw from the trip at any time before the start of the trip. It is essential to have a written declaration of withdrawal at MUKA Travel. It is recommended to declare the rescission in writing.

5.2 If the customer withdraws from the travel contract or if he does not accept the travel, MUKA Travel will be entitled to the travel price. Instead, insofar as the rescission is not the responsibility of the company itself or a case of force majeure, MUKA Travel can demand an adequate compensation for the travel arrangements made up to the rescission and its expenses depending on the respective travel price.

5.3 MUKA Travel has staggered this compensation claim, H. Taking into account the proximity of the date of withdrawal from the contractually agreed start of travel as a percentage of the travel price and taking into account the usual expenses and the usual possible other uses of the travel services when calculating the compensation. The lump-sum compensation is calculated as of the date of receipt of the withdrawal declaration as follows:

  • Up to 61 days before arrival: 10%
  • From the 60th to the 41st day before the start of the trip: 20%
  • From 40th to 31st day before arrival: 25%
  • From the 30th to the 21st day before the start of the trip: 30%
  • From the 20th to the 15th day before the start of the journey: 40%
  • From 14th to 7th day before departure: 75%
  • From 6 to 1 day before arrival: 80%
  • On the day of commencement of the trip or during the non-arrival of the trip: 90%

5.4. The customer shall at all times reserve the right to prove that MUKA Travel did not incur significantly or substantially lower costs in connection with the cancellation of the travel than the remitted cancellation price.

5.5 MUKA Travel reserves the right to demand a higher, concrete compensation instead of the aforementioned cancellation fee as long as MUKA Travel proves that considerably higher expenses than the respective lump sum have been incurred. In this case, MUKA Travel is obliged to quantify the required compensation in a concise manner, taking account of the expenses saved and of any other use of the travel services.

5.6. The customer has the right to place a substitute instead of his own. The participant and the customer are liable to MUKA Travel as jointly and severally liable for the travel price and the additional costs incurred by the participant. MUKA Travel may object to the participant’s entry if he does not meet the travel requirements or if his / her attendance is contrary to legal requirements or official regulations.

5.7 The conclusion of a travel cancellation insurance is recommended.

6. SERVICES NOT INCLUDED

6. SERVICES NOT INCLUDED

If the customer does not make use of individual travel services that MUKA Travel has duly offered to him, he is not entitled to any reimbursement of the travel price.

7. CANCELLATION AND TERMINATION BY MUKA TRAVEL MUKA

7. CANCELLATION AND TERMINATION BY MUKA TRAVEL MUKA

Travel may withdraw from the travel contract prior to commencement of the trip or terminate the travel contract upon commencement of the trip if the following cases are present:

A. Less than the minimum number of participants

MUKA Travel can withdraw from the travel contract up to 4 weeks before departure, if the minimum number of participants is not reached. If the voyage is not carried out for this reason, the customer will immediately be informed about this and will receive payments made on the travel price. MUKA Travel does not accept refunds for third-party services, such as flights purchased by the customer outside MUKA Travel’s range of services. The minimum number of participants depends on the details of the respective travel description. MUKA Travel will endeavor to provide alternative travel arrangements in the event of failure to meet the minimum number of participants.

B. Force majeure

If the trip is severely impaired, endangered or impaired due to unforeseeable force majeure during the conclusion of the contract, both MUKA Travel and the customer may terminate the contract in accordance with § 651 j BGB. In this case, MUKA Travel must take the necessary measures, in particular if the contract covers the repatriation, to return the customer. The additional costs for the return transport shall be borne half by the parties. In addition, the additional costs will be charged to the customer.

C. Termination for important reason

MUKA Travel reserves the right to withdraw from the travel contract for important reasons before or during a trip without observing a deadline. This applies in particular if a customer has a lasting disruption to the tour group, regardless of a warning from MUKA Travel or from representatives of the company such as the tour guide on the spot, or if he behaves contrary to the contract to such an extent that immediate termination of the contract is justified. If a customer does not meet the requirements stated in the respective travel description physically or mentally, MUKA Travel or its representatives are entitled to exclude the customer in whole or in part from the travel program. In such notice, MUKA Travel retains the right to the travel price, but must allow the value of the saved expenses as well as the advantages obtained from other use of the unused services, including the amounts paid by the service providers.

8. LIMITATION OF LIABILITY

8. LIMITATION OF LIABILITY

8.1 The contractual liability of MUKA Travel for damages which are not corporate damages is limited to the triple travel price insofar as damage to the customer is neither intentionally nor grossly negligent or as far as MUKA Travel for a damage to the customer only due to a fault of a service provider responsible for. Any possible claims under the Montreal Convention or the Air Transport Act remain unaffected by the restriction.

8.2 The liability of MUKA Travel for unauthorized actions for material damage which is not based on intent or gross negligence is limited to the triple travel price per traveler and trip. In this context, the customer is recommended to take out a travel accident and travel luggage insurance.

8.3 MUKA Travel shall not be liable for performance disruptions in connection with services which are merely conveyed as external services and which are expressly marked as such in the travel offer. Excursions, promotions or activities booked by the local tour operator or the customer in their own organization are not part of the contract content between MUKA Travel and the customer. This also includes trips that have been described by MUKA Travel as merely worth seeing or optional. MUKA Travel accepts no liability for such services.

8.4 A claim for damages against MUKA Travel is restricted or excluded to the extent that claims based on international agreements or legal regulations which are based on the services to be provided by a service provider are only claimed under certain conditions or restrictions Or may be excluded under certain conditions. If the travel agent is the position of a contractual airfreight carrier, liability shall be governed by the provisions of the Air Transport Act, in conjunction with the international agreements (including Warsaw, The Hague, Guadalajara and Montreal). Such agreements shall, as a general rule, limit the liability of the air carrier for death or personal injury as well as for losses and damage to luggage. Insofar as the tour operator is a service provider in other cases, he is liable in accordance with the provisions applicable to them.

9. WARRANTY AND INDICATION

9. WARRANTY AND INDICATION

9.1 If the trip is not provided in accordance with the contract, the customer may request remedy.

9.2 The customer shall be obligated to cooperate in the event of any incidents of performance within the scope of the statutory provisions, to prevent or minimize any damage. In particular, the customer is obligated to notify the local tour guide immediately of any complaints to MUKA Travel. If the travel customer fails to report a defect, a claim for reduction does not occur. This is only valid if the display is obviously unpredictable or unacceptable for other reasons.

9.3 Damages or delays of the checked baggage during a flight promotion should be immediately reported on the spot by means of a complaint from the relevant airline. Baggage damage shall be reported within 7 days, within 21 days after the baggage has been handed over.

9.4 MUKA Travel may also remedy the situation in which an equivalent replacement service is provided. MUKA Travel can refuse the remedy if it requires a disproportionate effort. The tour guide is charged with providing assistance in case of power disturbances and deficiencies, if this is possible. However, it is not authorized to accept claims.

9.5 If a customer wishes to terminate the travel contract due to a lack of travel or for important reason, which is recognizable for MUKA Travel due to unreasonableness, he has previously set a reasonable deadline for remedying MUKA Travel. The determination of a deadline is only necessary if remedy is impossible or is refused by MUKA Travel or if the immediate termination of the contract is justified by a special interest of the customer recognizable for MUKA Travel.

9.6 The customer shall inform MUKA Travel if he does not receive the necessary travel documents within the time limit notified by MUKA Travel.

10. EXCLUSION OF CLAIMS AND LIMITATION

10. EXCLUSION OF CLAIMS AND LIMITATION

10.1 The customer shall assert claims against MUKA Travel within one month after the contractually scheduled date of termination of the trip. Such assertion may be lodged at the address given in point 16. It is recommended to submit the claim in writing. After expiry of the period, the customer can only assert claims if he has been prevented from adhering to the deadline without fault.

10.2 The deadline also applies to the notification of baggage claims or delays in delivery of luggage in connection with flights, if warranty rights are claimed from §§ 651 c para. 3, 651 d, 651 e para. 3 and 4 BGB. A claim for compensation for baggage damage shall be claimed within 7 days within a period of 21 days after delivery.

10.3 Claims of the customer according to §§ 651 c to f BGB from injury to life, body or health, which are based on a negligent breach of duty by MUKA Travel or a legal representative or vicarious agents of MUKA Travel, lapse two years. This also applies to claims for the compensation of other damages, which are based on an intentional or grossly negligent breach of duty by MUKA Travel or a legal representative or vicarious agent of MUKA Travel. All other claims pursuant to §§ 651 c to f BGB become statute barred one year. The limitation begins with the day of the end of the contract.

10.4 If negotiations are suspended between the customer and the MUKA Travel, the limitation period shall be suspended until the customer or MUKA Travel refuses to continue the negotiations. The statute of limitations shall be served no earlier than three months after the end of the suspension.

11. ENTRY, VISA AND HEALTH REGULATIONS

11. ENTRY, VISA AND HEALTH REGULATIONS

11.1 MUKA Travel informs German nationals about the provisions of passport, visa and health regulations. For persons of other countries, other provisions may apply, which can be obtained from the customer at the relevant Embassy / Consulate.

11.2 MUKA Travel shall not be liable for the timely issuance and access of necessary visas by the respective diplomatic representatives, if the customer has commissioned the company to do so. Unless MUKA Travel has violated its own obligations culpably.

11.3 In principle, the customer is responsible for procuring the necessary travel documents, unless otherwise stipulated by contract. The customer is also responsible for carrying the travel documents, for necessary vaccinations, as well as compliance with customs and foreign currency regulations. Disadvantages, in particular the payment of withdrawal costs resulting from non-compliance with these regulations, shall be borne by him. Unless they were caused by a faulty false or non-information of MUKA Travel.

12. INFORMATION REQUIREMENTS ON THE IDENTITY OF THE EXPORTING AIRCRAFT COMPANY

12. INFORMATION REQUIREMENTS ON THE IDENTITY OF THE EXPORTING AIRCRAFT COMPANY

With reference to EU Regulation No 2111/2005 on informing passengers of the identity of the operating carrier, MUKA Travel is obliged to inform the customer of the identity of the exporting airline of all flight transport services to be provided during the booked voyage during the booking process. If the exporting airline is not yet established at the time of booking, MUKA Travel is obliged to name the customer the airline or airlines which are likely to carry out the flight (s). As soon as MUKA Travel has knowledge about the exporting airline, the customer will be informed. If the aforementioned airline changes, MUKA Travel informs the customer about the change. MUKA Travel shall take all reasonable steps to ensure that the Customer is promptly informed of the change. The EU list of EU non-air carriers published in the EU is available on the Internet at ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm.

13. LEGAL JURISDICTION

13. LEGAL JURISDICTION

German law applies to the entire legal and contractual relationship between MUKA Travel and the customer. The customer can only sue MUKA Travel at its domicile. For clients who are merchants, legal persons of private or public law or persons who are domiciled or ordinarily resident abroad, or whose place of residence or habitual residence is not known at the time of bringing the action, the place of jurisdiction shall be the seat of MUKA Travel agreed.

14. DATA PROTECTION

14. DATA PROTECTION

MUKA Travel will be electronically processed and used, as far as they are necessary for contract execution and customer support. MUKA Travel also wishes to inform customers in writing about current offers, as far as it is not obvious that the customer does not want this. The customer can at any time request information about his stored data and have it changed or deleted. He may at any time communicate that he does not wish to receive further information. Further information is available in the “Privacy Policy” section of this website.

15. OTHERS

15. OTHERS

The invalidity of individual provisions of the travel contract or these general terms and conditions does not invalidate the entire travel contract or the entire conditions.

15. OTHERS

16. THE TOUR OPERATOR

Address and registered office of the company:

MUKA Travel UG (limited liability)

Volbacherberg 7

51429 Bergisch Gladbach

Tel .: +49 2204 981434

Managing Director: Katharina Ley

District court Cologne: HRB 87805

 

Last update: August 2017

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