GENERAL TRAVELLING TERMS AND CONDITIONS
of M & C Music Contact Ltd.
01. Conclusion of the travel contract
With the booking, whether in writing, oral or per telephone, the customer
offers the tour operator, M & C Music Contact GmbH represented by the
manager Mr Stefan Bohländer, the conclusion of a travel contract in a
binding manner. The booking is effected also for all the other
participants, for whose contractual obligations the booker assumes
liability as s/he does for her/his own obligations. The contract has legal
force with the written confirmation of Music Contact. If the content of the
booking confirmation differs from the content of the booking application,
then this is to be treated as a new offer by M&C Music Contact which
shall be firm and binding for M&C Music Contact for the duration of 10
days. A contract made on the basis of such a modified offer shall come
into effect only under the condition that the traveller declares his/her
acceptance within the above-mentioned period of time. The acceptance
also occurs, if the booker pays the full amount of, a deposit on the
journey or starts it.
02. Prices and payment
Prices and payment agreed on in the conclusion of the contract are
binding. Special services (single rooms, excursions, extension of the
holiday) will only be considered, if they are booked and expressly
confirmed in writing. The booker has to pay a deposit of 10 %, yet not
more than 250 Euro per person. Fees that do not concern the travel
price such as visa fees, premiums etc. are to be paid additionally to the
deposit at the same time as the deposit. The payment of the deposit as
well as the balance are only possible after handing over the protective
certificate in accordance with § 651 k clause 4 of BGB (German Civil
Code). The balance of the payment is due 30 days before starting the
travel or when the travel documents are handed over. If the booker pays
late and the travel documents have to be sent by express delivery, we
will reserve the right to charge for incurred costs. Travel documents are
sent in principle not before the total payment. (Payment at M & C Music
Contact in Fernwald).
03. Services, changes of services
a) The contractual services result from the description of the services,
the brochure as well as from the information in the confirmation of
the travel. Further arrangement made orally or additional regulations
require a written form. Changes or deviations of travel services from
the agreed subject-matter of the tourist travel contract which are and
are not acts in breach of good faith committed by M & C Music
Contact necessary after conclusion of the contract are only
permissible provided they are not considerable and do not restrict
the overall characteristics of the booked holiday. This does not affect
any warranty claims if the modified services are found incomplete or
defective. The tour operator will inform the customer immediately
about any changes of the services. If necessary, we will offer the
customer a free change of booking. If the transportation costs or
fees for particular services such as port and airport charges rise or
the exchange rates of the holiday concerned change, the tour
operator will reserve the right to alter the indicated prices confirmed
on booking to the extent to which this increase will have an effect on
the price of travel per person or per seat, provided there will be at
least 4 months in between the conclusion of the contract and the
agreed date of travel. The calculation of the new prices must be
transparent. In the case of a subsequent alteration of the price of the
holiday or of the travel services on the whole the tour operator must
inform the customer accordingly without delay, at the latest,
however, 21 days before setting out on the journey. Price increases
shall not be permissible after this point of time. If the prices increase
more than 5%, the traveller will be entitled to withdraw from the
tourist travel contract or to claim for an equal travel as substitution.
The traveller must assert these rights immediately against the tour
operator after the latter’s explanation about the price increase.
b) A handling fee of 15 Euro per traveller will be charged for changes
made by the tour operator upon the traveller’s demand or by order of
the traveller which are not only minor in character and which are
arranged for the traveller up to 30 days before start of travel. If
higher travel costs for the traveller and other travellers
accompanying him/her which are not compensated for by fees for
cancellation or changes are the consequences of such changes, the
difference between the new and the old price shall be borne by the
traveller.
04. Withdrawal or change of booking by the customer
Prior to start of travel, every traveller can cancel their travel in
accordance with § 651 i BGB at any time. In order to avoid
misunderstandings, it is recommended to give always written notice of
your cancellation quoting your contract number. In case of a cancellation
by the traveller, M & C Music Contact shall have the right to an adequate
compensation under consideration of those costs saved through usually
possible commercial use of these cancelled travel services for other
travellers. M & C Music Contact shall rightfully charge a cancellation fee
in form of a cancellation flat rate (if the booking is not transferred to
another person named by the cancelling person in accordance with §
651 b BGB), which is calculated, as described below, in form of a
percentage of the travel price for the person making the cancelling:
a) Minimum 10% of the total amount until 61 days
before arrival
maximum 50 Euro per person at the most
b) 20% of the total amount from 60th to 31st day before arrival.
c) 30% of the total amount from 30th to 21st day before arrival.
d) 40% of the total amount from 20th to 15th day before arrival.
e) 50% of the total amount from 14th to 7th day before arrival.
f) 80% of the total amount from 6th to 1st day before arrival.
g) 100% of the total amount on the arrival day (or no show).
In case of cancellation, the traveller is obliged to return all travel
documents, vouchers and other tickets that have been handed over to
him/her. If flight tickets, train or bus or similar tickets are not returned,
M & C Music Contact shall have the right to charge the full price.
The traveller takes upon him/herself the right to show proof that no
damage or loss was incurred by M & C Music Contact or less damage or
loss than has been demanded under point 04 in form of a flat rate.
In the same way M & C Music Contact reserves the right to show proof
that the costs incurred are higher than the flat rates stated under point
04.
For your safety’s sake M & C Music Contact recommends to take out an
insurance concerning the costs of a withdrawal from a booked holiday.
Until 22 days before commencement of the holiday and upon receipt of
written confirmation, 30 Euro are charged per person for changes of
flights or dates of travel as well as for alterations of names.
05. Withdrawal and termination by the tour operator
The tour operator may withdraw from the tourist travel contract before
commencement of the holiday in the following cases:
a) without any set period if the traveller, in spite of being warned,
disturbs the implementation of the holiday persistently or if s/he does
not respect the terms of the travel contract. If the tour operator
terminates the contract, it will retain the price of the holiday; it must,
however, take into account the value of the costs saved.
b) up to 2 weeks before commencement of the holiday if the stipulated
minimum number of participants for the holiday in question is not
reached. The traveller has to be informed about the termination
immediately. The traveller gets a reimbursement of the paid holiday
price. The traveller is not entitled to any more claims.
c) up to 4 weeks before commencement of the travel if the tour
operator is by no means able to carry out the holiday because it
could risk to go into bankruptcy. Insufficient coverage of costs must
reach at least 5% of the costs of travel. This will not be applicable if
M & C Music Contact has been at fault for the circumstances that
led to this insufficient coverage of costs (e.g. miscalcalculation) or if
M & C Music Contact can not show proof to have become a victim of
circumstances causing the economic limit to be exceeded. If the
right of cancellation is exercised, the traveller will receive an
alternative offer. If s/he does not accept it, s/he will be returned the
full amount of the travel price already paid. The traveller is not
entitled to any more claims.
06. Rescindment of the contract due to exceptional circumstances
If the holiday is hindered, endangered or impeded by not foreseeable
and exceptional circumstances like war, domestic riots, epidemics,
monarchic orders, natural catastrophes, technical defects at the
transport means or by similar incidents, both contract partners will be
entitled to terminate the contract. If the contract is cancelled, the tour
operator has the right to demand an adequate compensation for travel
services already delivered or to be delivered. In this case the tour
operator can demand an overall compensation of 80%. The tour
operator as well as the traveller are free to prove a higher or lower
damage. Furthermore, the tour operator is obliged to take all necessary
action to enable the return journey of the traveller, especially if the return
journey is part of the contract. The additional costs arising from the
journey back home are to be shared equally by the parties, further costs
are chargeable to the customer.
07. Liability of the tour operator
Liability of the tour operator arising from the contract for damage which
is not bodily harm is limited to three times the amount of the travel price,
a) if damage to the traveller has been caused neither wilfully nor grossly
negligent or
 GENERAL TRAVELLING TERMS AND CONDITIONS
of M & C Music Contact Ltd.
b) if the tour operator is held responsible for the cause of damage to the
traveller only because of the negligence on the part of an agent
commissioned by the tour operator for services.
For all claims for damages against M & C Music Contact for reasons of
illicit acts which are not based on malice or gross negligence, the tour
operator will be liable for damage to property up to an amount of 4.100
Euro. If the sum exceeds three times the travel price, liability for damage
to property is limited to three times the amount of the travel price. These
liability limits shall be valid per individual traveller and travel. The tour
operator does not accept liability for disturbances in connection with
services for which the tour operator acted only as an intermediary (e.g.
sports events, theatre visits, exhibitions etc.) which have been
highlighted and marked as outside services. In case of such
intermediate agency, liability for any faults by the intermediate agent is
excluded, if it is not a case of malice or gross negligence.
If as a part of travel or in addition to it, public transport service is used
and the traveller has obtained a corresponding transport ticket, this shall
be treated as outside services delivered by the tour operator insofar as
you are expressly informed about it in the travel offer and confirmation.
Thus the tour operator can not be held liable for the performance of such
transport service itself. In such a case, any liability will be ruled as per
carriage regulations of the transport company in question, which have to
be brought expressly to the attention of the traveller, and which have to
be made available to him/her upon request.
A claim for damages against the tour operator is limited or excluded,
insofar as, owing to international laws or legal regulation based on such
laws, which are to be applied to the services to be rendered by a service
agent, it can only be enforced under certain conditions or restrictions or
is excluded at all under certain conditions. If the tour operator assumes
the character of a contract airflight operator, liability is ruled according to
the regulation of the Aviation Act in connection with international treaties
of Warsaw, The Hague, Guadalajara and the Montreal Agreement (only
for flights to the U.S.A. and Canada. These treaties as a rule restrict
liability of the airfreight carrier for death or bodily harm as well as for loss
and damage to luggage. If the tour operator is service operator in other
cases, it will be liable according to the regulation valid for these cases.
If the tour operator assumes the character of an owner and charterer
with travel by sea, liability is ruled according to the regulation of the
Handelsgesetzbuch (Commercial Code) and the Binnenschifffahrtgesetz
(Inland Waterway Regulations).
08. Warranty
If your travel is affected by defective performance, the traveller can
reduce the travel price for the duration of the defective service
performance. If the defective performance is substantial, s/he can cancel
her/his contract. Price reduction or cancellation are only permissible,
however, if the traveller has advised the operator of the defective
performance and demanded corrective measures and if the time limit
laid down by him/her for M & C Music Contact to remedy the defect has
been exceeded. The fixing of such a deadline does not apply if remedy
is impossible or refused by M & C Music Contact on the grounds of a
special interest of the traveller. In addition, the traveller can claim for
damages for defective compliance of the contract. As a rule, however,
only if the defect is of such a substantial character that it would justify a
reduction of at least 50% of the travel price.
The tour guide is not authorized to acknowledge any claims of the afore-
mentioned kind.
09. Cooperation duty
In the case of occuring faults in services the customers are obliged to
cooperate the best way they can to remedy a fault and to reduce the
fault’s costs if possible. If the customer fails culpably to report the faults,
s/he cannot ask for a price reduction. The faults have to be primarily
reported to the local representative or the courier of the tour operator.
The tour manager or courier is obliged to take remedial measures if this
is possible. If there is no tour manager or courier present or can not be
reached, M & C Music Contact has to be advised directly of the defect
by calling the phone number + 49 (0) 6404-6974910. In case of
complaints about holiday apartments, the lessor or his/her vicarious
agent has to be informed. If they can not be reached, the traveller has to
contact directly and advise M & C Music Contact of the defect using the
above-mentioned number.
If there is damage to or loss of luggage in connection with a flight, the
traveller has to advise the airline within a period of 7 days on the spot. If
there is no notification of loss and damage report, the traveller is not
entitled to claims for damages.
10. Exclusion of claims and limitation
Claims on account of the holiday being rendered contrary to the contract
or not at all must be asserted by the customer to M & C Music Contact
GmbH, D-35463 Fernwald in writing within one month after the
scheduled end of the holiday. After expiry of this period, the traveller can
only claim for damages if s/he has been hindered from observing this
time limit without fault on the part of the traveller. In order to avoid
misunderstandings, we would like to ask you to advise us of your claim
in writing using the above-mentioned address.
The rightfulness of the traveller’s claim is subject to a period of limitation
of one year according to §§ 651 c to 651 f BGB (Civil Code). Claims
become barred by the statute of limitations on the day on which travel
should have ended according to the travel contract. If any legal
prodeedings between the tour operator and the traveller about the
claims and the circumstances being the reasons of the claims should
still be pending, limitation will be interrupted until the traveller or the tour
operator refuses to continue legal proceedings. Limitation will begin at
the earliest 3 months after the end of the interruption.
11. Passport, customs, visa, regulations concerning foreign
currencies and health
The tour operator undertakes to advise the citizens of the state in which
travel is offered of passport, visa and health regulations as well as of
possible modification or changes before the start of travel. Citizens of
other states can obtain information from the appropriate consulates.
The tour operator does not assume liability for non-performance of
issuance and receipt of visa through the corresponding diplomatic
representation in good time prior to the start of travel if the traveller has
commissioned the tour operator with this task unless a delay was
caused by a fault on the part of the tour operator.
For information on health regulations for all travellers, you are asked to
consult the corresponding travel brochure-catalogue. In addition, the
traveller should get informed on his/her own about protection against
infection and diseases as well as vaccination and other prophylactic
measures in good time prior to the start of the travel; if necessary,
please consult your medical practitioner. You are also recommended to
consult health authorities, medical practitioners experienced in travel
preparation, medical practitioners specializing in diseases of tropical
countries, medical information services for tourists and/or the Federal
Center for Health Education.
12. Courier
If M & C Music Contact publishes the name of the courier in the
brochure or in the travelling documents, this assignment will always be
without obligation, it is not a part of the travelling contract. M & C Music
Contact reserves the right to alterations, even at short notice. The
substitution of the courier is not a reason for free rescission of the
travelling contract.
13. Miscellaneous regulation
If any single clause or part of this travel contract is found to be invalid
then all other parts and the contract itself shall remain valid. The same
applies for the present terms and conditions of travel. If parts of these
terms of conditions are found to be invalid, then those regulations shall
apply, which are most similar to the regulations agreed upon, if they are
permissible. Individually made agreements must be made in writing.
Individually made agreements submitted in writing shall overrule the
present terms and conditions of travel.
Data submitted to M & C Music Contact GmbH will be processed within
the purposes of this contract by electronic data processing, saved and
passed on. Personal data will be protected in accordance with the
Federal Data Protection Law.
It is agreed that German law is to apply. Court of jurisdiction of any legal
action against M & C Music Contact GmbH shall be 35390 Gießen,
Germany.
Tour operator:
M & C Music Contact GmbH
Ruhberg 1
D-35463 Fernwald / Germany
Tel: +49 (0) 06404-6974910
Fax: +49 (0) 06404-6974929
Status: June 2013