General Conditions for Frankfurt Weekends

1. Conclusion of Travel Contract

a) The trip contract must be concluded in writing. All sub-, ancillary agreements and special wishes must be put down in writing. Prior to conclusion of the contract we shall forward to you our unabridged General Travel Conditions. Upon conclusion of the contract or immediately thereafter we shall issue the complete trip confirmation. We are under no obligation hereto in the case of a short-term reservation made less than seven (7) working days prior to commencement of the trip. In such a case we draw attention to the obligations concerning the notice of defect and fixing of time limit prior to cancellation of a trip contract according to §§ 651 c ff BGB (Civil Code).
b) You are committed to the trip application for two weeks. During the time limit we shall confirm the arrangement. Short-term reservation two weeks and less prior to travel begin results in conclusion of the contract by the immediate confirmation.
c) Should our trip confirmation deviate from the trip application, the confirmation includes a new contract application to which we are bound for 20 days and which you may accept by returning the application within the period.

2. Payment

a) No down payment is due on contract conclusion unless our confirmation states otherwise, e.g. for certain functions and admission tickets (music performances etc.). Kindly note our confirmation.
b) The trip price is to be paid no later than three weeks prior to begin step-by-step upon issue of complete trip documents.
c) Upon contract conclusion within three weeks prior to trip begin you are obliged to immediate payment of the trip price upon issue of the complete trip documents.
d) We accept the following credit cards for payment: EUROCARD and VISA. The trip price will be debited directly from your credit card account three weeks prior to the commencement of your trip.
d)The Frankfurt Tourist+Congress Board has taken out insurance against risk of insolvency with the Reisegarant GmbH (Touristic Insurance Service Association) according to § 651 K (1)-(3) BGB (Civil Code).

3. Performances

a) Our contractual performances based upon the binding performance description (prospectus/catalogue) as well as the trip documents, especially the trip applications and confirmation of the same.
b) We reserve the right for relevant, considerable and unforeseeable reasons to announce an amendment to prospectus details prior to conclusion of contract, of which we shall naturally inform you prior to booking.
c) Ancillary agreements, special agreements, agreed special wishes are to be included in the trip application and especially in the trip confirmation. Please refer to Clause 1.a) of these conditions.
d) All prices shown include the performances listed as well as the legal rate of VAT.

4. Changes in Performance and Price

a) Changes or variations in individual trip performances from the agreed content of the trip contract, which become necessary after contract conclusion and which are not effected by us against trust and good faith, are only then permitted when the changes or variations are not considerable and when they do not affect the overall form of the trip booked. Any eventual guarantee claims are unaffected insofar as the changed performances are subject to deficiencies. We are obliged to inform you immediately of any changes or variations in performances. If applicable we shall offer you a re-booking or cancellation at no cost.
b) We are entitled to demand a price increase of up to 5% four months following contract conclusion when it is evident and unforeseen that the prices of providers have increased. We are obliged to immediately inform you of a subsequent change in the price of the arrangement or a considerable change in performance, at the latest, however, 21 days prior to the beginning of the trip. In case of price increases amounting to more than 5% or in case of a considerable change in an essential trip performance you are entitled to withdraw from the contract without charges or to demand a rebooking of an equivalent trip, if we are able to provide such an arrangement from our programme without surcharge. Your are required to assert such rights immediately following our notification of a price increase or change in performance of the arrangement, respectively.

5. Withdrawal and Rebooking by the Client

a) You may withdraw from the arrangement at any time prior to commencement of the trip. The receipt by us of the withdrawal declaration is decisive. We recommend the submission of a withdrawal in written form. Should you fail to begin the trip, we are entitled to demand compensation for the arrangements made and for our expenses. In assessing the compensation the usual costs saved and the possible further utilisation of the trip performances are to be taken into account. Under consideration of the following table based on the proximity of the withdrawal time to the contractually agreed begin of the trip we may levy the compensation claims as a lump-sum percentage of the costs of the arrangement.
b) The following cancellation charges apply:
Up to 30 days prior to commencement of the trip cancellation is possible without charge. Thereafter the following cancellation charges per registered participant may be levied:

You are at liberty to satisfactorily show that the amount of damage caused, if any, is not in excess of the lump-sum reimbursement claimed by us. Admission tickets purchased by ourselves for theatre, opera and/or other additional services cannot be returned and must be invoiced in full in any case. Kindly note separate information accompanying individual confirmations which supersedes the above stipulation. Upon discontinuation of a trip for reasons within the sphere of the participant we shall endeavour to achieve reimbursement of saved outlays from the providers. This does not apply when completely insignificant performances are concerned.
C) Trip cancellation costs insurance is not included in the price. For your own peace of mind we advise taking out such insurance.

6. Substitute Participants

a) Up to commencement of the trip the participant may be substituted by a third person insofar as he/she fulfils the requirements of the trip and if his/her substitute participation is not precluded by legislation or official decree.
b) The participant and the third party are liable as co-debtors for the trip price.
c) The participant and the third party are liable as co-debtors for additional costs incurred as a result of participation of the third party, regularly calculated and without further notice as a lump sum of EUR 15,-.

7. Cancellation and Withdrawal by the Organiser and Annulment of the Contract due to Extraordinary Circumstances

We are entitled to withdraw from the contract prior to commencement of the trip or cancel the contract after commencement of the trip in the following cases:
a) Without observance of a notice period when you interfere with the execution of the trip despite a warning from our side or when you infringe the contract to such an extent that immediate annulment is justified. If we cancel we retain the claim on the trip price. We account the value of performances saved as well as the benefits we derive from further use of the performances not utilised including amounts credited to us by the providers.
b) Should the trip be considerably hampered, endangered or affected by force majeure unforeseeable at time of contract conclusion, then both the organiser as well as the participant may cancel the contract. Should the contract be cancelled, the organiser may demand appropriate compensation for performances already provided or performances still to be provided to terminate the trip. In case of force majeure we are obliged to undertake all measures necessary as a consequence of contract annulment, with the exception of return transport.

8. Liability of the Trip Organiser

a) Within the scope of duty of care of a responsible business person we are liable for:
1. Painstaking preparation of the trip.
2. Careful selection and supervision of the providers.
3. The accuracy of the description of all trip performances contained in the catalogue insofar as we have not announced a change in prospectus information prior to contract conclusion according to Clause 3.
4. We are liable for the provision of the arranged travel services as previously agreed upon.
b) We are liable for any faults suffered by a representative charged with providing these services.
9. Restriction of Liability
a) Our contractual liability for damages, which are not bodily injuries, is restricted to the threefold trip price,
1. insofar as damage of the participant was not caused with intent or gross negligence or
2. insofar as we are responsible for damage incurred by a participant solely due to the negligence of a provider. In this connection we recommend taking out accident and baggage insurance.
b) Any damage compensation claim against ourselves is insofar restricted or ruled out if, due to international agreement or prevailing legislation covering services to be provided by a provider, claim for damage compensation against the provider may only be asserted under certain conditions or limitations or is excluded under certain conditions.

9. Restriction of Liability

a) Our contractual liability for damages, which are not bodily injuries, is restricted to the threefold trip price,
1. insofar as damage of the participant was not caused with intent or gross negligence or
2. insofar as we are responsible for damage incurred by a participant alone due to the negligence of a provider. In this connection we recommend taking out accident and baggage insurance.
b) Any damage compensation claim against ourselves is insofar restricted or ruled out when, due to international agreement or prefailing legislation which cover services to be provided by a provider, claim for damage compensation against the provider may only be asserted under certain conditions or limitations or is excluded under certain conditions.

10. Guarantee

a) Redress
Should the trip not be provided as agreed in contract, you may demand redress. We can refuse redress when this involves disproportionate cost.
b) Reduction of trip price
For the duration of non-contractual provision of the trip you may demand the corresponding reduction in the trip price. The trip price is to be reduced in proportion to the value of the trip in ideal condition at time of sale to the actual value. The reduction does not apply if you negligently fail to notify of the deficiencies.
c) Cancellation of the contract
If a trip is considerably impaired due to a deficiency and we have failed to supply redress within an appropriate period, you may cancel the contract under the terms of legislation - in your own interest and for preservation of evidence expediently as written declaration. The same applies if as a result of a deficiency for an important and to us apparent reason you cannot be expected to undertake the trip. The setting of the deadline for redress is not required when redress is impossible or is refused by ourselves or when the immediate cancellation of the contract due to a special interest from your side is justified. You are liable to us for that part of the trip price pertaining to the performances availed of, insofar as these performances were of interest to you.
d) Damage compensation
Regardless of reduction or cancellation you may demand compensation for damages due to non-fulfilment, unless the deficiency of the trip is due to a circumstance beyond our control.

11. Obligation to Cooperate

In the case of occurring performance disturbances you are obliged to cooperate under the terms of legislation, to avoid or keep to a minimum eventual damages. Your are specifically obliged to notify of your complaints immediately. Should you negligently fail to report a deficiency the claim for reduction is not applicable.

12. Exclusion of Claims and Statutory Period

Claims for non-fulfilment or non-contractual provision of performances must be lodged with us in writing within one month following the contractually foreseen end of the trip. Claims may be lodged after expiry of this deadline if you were prevented without blame from adhering to the deadline. Your contractual claims expire after the statutory period of one year. The statutory period begins on the day on which the trip should have ended according to contract. Should you assert such claims, the statutory period is lifted until the day on which we reject the claims in writing. Claims resulting from unauthorised action expire within three years.

13. Passport, Visa and Health Regulations

a) We are responsible for informing nationals of a country in which the trip is offered about passport, visa and health regulations and any possible changes thereto before commencement of the trip. The information will be supplied promptly so that deadlines for receiving the necessary documents can be adhered to. For nationals of other countries the consulate concerned will provide information. b) You yourself are responsible for the observance of all regulations important for the execution of the trip. All drawbacks, especially the payment of cancellation costs, resulting from the non-observance of these regulations are your responsibility, except when said drawbacks result from negligent, erroneous or non-information from our side.

14. Court of Jurisdiction

Court of jurisdiction for registered traders who are not business persons as designated by § 4 HGB (Commercial Code) is Frankfurt am Main.

15. Ineffectiveness of Individual Stipulations

The ineffectiveness of individual stipulations of the trip contract does not result in the ineffectiveness of the entire contract.

Publisher and Organiser:
Tourismus+Congress GmbH
Frankfurt am Main
Kaiserstrasse 56
60329 Frankfurt am Main
Germany
Phone: +49 (0) 69 / 21 23 08 08
Fax: +49 (0) 69 / 21 24 05 12
http://www.frankfurt-tourismus.de
eMail info@infofrankfurt.de

A corporation of the City of Frankfurt am Main

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