1. Booking and conclusion of the travel contract
By making a booking, the Client is proposing to conclude a travel contract with g4 GmbH (hereinafter called g4). This does not become binding until it is confirmed by g4 in writing. The traveller is bound to his booking for two weeks at the most, by which time he should have received confirmation from g4. Upon completion of the contract or shortly thereafter, the Client will receive comprehensive travel confirmation. Any eventual alteration to the original booking shall be clearly indicated and the offer shall be considered as a new proposal to which g4 will be bound for 10 days. If the Client declares his acceptance within 10 days, the contract comes into effect based on the details of the new offer. When bookings are made within 6 weeks or less of departure, the immediate confirmation or acceptance constitute the travel agreement.
The content of the travel contract comprises the details from the Client’s booking, the descriptions in the catalogue or prospectus and the confirmation. Any additional agreements or subsequent amendments should be documented in writing.
2. Deposit and full payment
Once the contract has been concluded, the Client shall receive a financial protection certificate in accordance with § 651k, section 3 of the German Civil Code in return for paying a deposit of 20% (but not exceeding € 1000 per person) of the total holiday cost. In exceptional cases, g4 may request a larger deposit if – at an early stage – it incurs a higher outlay for organising the services booked. The remainder of the total holiday cost shall be paid no later than 21 to 14 days prior to departure, on receipt of the travel documents. For bookings made within two weeks of the planned departure date, the total amount of the holiday costs shall be payable at once in return for travel documents and the financial protection certificate.
g4 has no obligation to issue a financial protection certificate should the service booked not exceed 24 hours, not include any overnight stays and cost less than € 75.
g4 has the right to cancel the contract should final payment fail to reach g4 by the due date, inasmuch as g4 previously set the debtor a reasonable deadline and warned him of the impending revocation of the contract (in accordance with § 323 German Civil Code). The Client shall no longer be entitled to any travel services agreed upon in the contract. g4 reserves the right to charge a fixed amount as indemnity fee according to paragraph 7 of these terms and conditions.
3. Minimum number of participants
In the event that the minimum number of 10 participants or the minimum number stipulated in any catalogue or prospectus is not reached, g4 is entitled to cancel the contract up until two weeks prior to departure. g4 shall inform the Client of this outcome without delay as soon as it becomes apparent. The Client has the right to request participation in a journey of a similar nature and at least equivalent value, if g4 is able to provide such offer without incurring any additional costs for the Client. Should the Client not wish to exercise this right, he/she shall be reimbursed in full immediately.
4. Travel formalities – Entry requirements
At the Client’s request, g4 shall endeavour – on the Client’s behalf – to obtain all the visas or entry permits required for the holiday destination. However, g4 shall not be held liable for any delays in the issuance and receipt of such documents caused by the respective diplomatic service. Obtaining such visas or entry permits from the respective diplomatic service does not form part of g4’s contractual obligation.
The Client is responsible for pointing out to g4 any characteristics peculiar to their person (foreign nationality, notes in their passport, dual citizenship etc) unless these are obvious, otherwise g4 cannot be expected to take these circumstances into consideration. There have been isolated cases in which a visa or entry permit was denied by the issuing foreign authority, for no discernible reason. In this event, g4 shall be entitled to charge a cancellation fee in accordance with section 7 (as compensation for the Client’s withdrawal).
It is the Client’s responsibility to observe all visa, passport, foreign currency, customs and health regulations. Should the Client fail to comply with any of the aforementioned and, as a consequence, suffer disadvantages, these shall be borne solely by the Client. If the Client is therefore unable to participate in the arranged journey, g4 shall likewise be entitled to charge a cancellation fee in accordance with section 7. Only if the Client is prevented from participating in the journey on account of g4 having provided erroneous information, shall the Client be able to withdraw from the contract.
g4 shall provide the Client with all necessary travel documents in due time before the planned departure, including, for example, passports holding visas and shall make use of the appropriate dispatch services to such an end. g4 does not accept liability for any unforeseeable delays on behalf of the service provider dealing with the delivery of such documents and any resulting cancellation fees.
5. Scope of services and amendments
g4 shall provide all services listed in the catalogue/prospectus description as well as in the initial booking, the confirmation and any additional arrangements.
Should it become necessary – after conclusion of the contract – to make changes or alterations to specific services mentioned in the travel agreement and these changes or alterations did not become necessary by g4 acting in bad faith, then they shall be permissible as long as they are minor and do not affect the overall concept of the booked tour.
g4 shall inform the Client without delay on acquiring knowledge of any circumstances warranting major permissible changes to the services booked.
In the event of a major change to fundamental parts of the services booked, the Client is entitled to terminate the contract or request a new booking which is at least equivalent in value to the original booking. The Client should assert this right immediately on being notified of the changes by g4.
6. Changes in prices
After conclusion of the contract, g4 reserves the right to increase prices should the time between the signing of the contract and the due departure date exceed 4 months. g4 must also be able to prove that the circumstances, causing a price increase in one of the booking components mentioned hereafter, arose after the conclusion of the contract, were unforeseeable and were not caused through any fault on the part of g4. This may apply if there is an increase in transport costs or charges for certain services such as port or airport dues or if there is an alteration to the exchange rates which apply to the specific journey.
Price increases are only permissible up until 21 days before the date of departure. g4 must inform the Client without delay on gaining knowledge of a circumstance warranting a price increase.
The Client has the right to cancel the contract, without paying compensation charges, should the price increase occur after the conclusion of the contract and exceed 5% of the total booking price. Alternatively, the Client can request participation in a substitute trip of at least the equivalent value as the original trip, if g4 is able to provide such substitute with no additional costs to the Client. The Client should assert this right immediately after being notified of the price increase by g4.
7. Cancellation by the Client before departure; booking alterations
Should the Client wish to cancel the contract before the trip commences the following cancellation fees shall apply:
- Cancellation up until 35 days prior to departure: 15% of total package
- Cancellation up until 21 days prior to departure: 25% of total package
- Cancellation up until 14 days prior to departure: 35% of total package
- Cancellation up until 7 days prior to departure : 50% of total package
- after this 70% and in case of no-show 90% of total package
Where g4 is able to prove that it has incurred higher losses, higher cancellation fees may be charged. In turn, the Client has the right to prove that lower losses or no loss was incurred.
The calculation of the scale of compensation is based on the day the cancellation is received by g4. Should the Client – after the conclusion of the contract –wish to alter the tour destination or dates, hotel bookings or any other major services, he/she shall only be able to do so through cancellation (rescission of the original contract) on the terms indicated in point 7 (cancellation fees).
Providing they can be made without undue effort, minor alterations – e.g. a different place of departure – will be implemented against a handling charge of 20 €.
8. Substitute travellers
Up until the departure date, the Client has the right to request that a third party take their place on the trip, assuming that this person meets all travel conditions linked to the booking and their participation shall not be in conflict with any legal requirements or official injunctions. Both the original Client and the substitute person are jointly and severally liable for full payment of all charges to g4.
The Client must – without delay – submit to g4 all data required for verifying that the conditions for a substitution are met.
g4 will charge a fixed amount of 20€ for any additional costs incurred through the substitution of the traveller, without needing to provide any further proof.
9. Cancellation due to exceptional circumstances
a) If the journey is affected by major complications, danger or disruptions, which were unforeseeable, such as by war, civil unrest, epidemics, governmental decree (withdrawal of landing rights, closing of the borders), natural disasters, catastrophes, destruction of accommodation etc., both parties are entitled to withdraw from the contract in accordance with this provision.
b) g4 may terminate the contract for compelling reasons before or after commencement of travel if, for example, the Client does not meet the stipulated travel conditions or if his/her behaviour endangers or disrupts the course of the journey. In this case g4 reserves the right to the full amount of the holiday price but shall reimburse the Client for any outlay not incurred.
10. Warranties, complaints and redress
Should any of the contracted travel services not be provided or performed adequately, the Client can request that this be remedied, inasmuch as this can be done without undue effort. The remedy shall consist of the elimination of the fault or provision of a comparable replacement service.
The Client may claim a reduction in the holiday price upon notifying g4 or an authorised representative of such shortcoming or shortcomings, unless considerable difficulties make this notification unfeasible. Should he be culpable of failing to report any faults, the Client shall forfeit his right to request a price reduction.
Should a trip be unsatisfactory and g4 unable to remedy the situation within a reasonable timeframe set by the Client, the latter shall be entitled to seek a solution himself and request compensation for his costs. If g4 refuses to provide a remedy or the Client has a particular reason justifying his/her immediate intervention, there is no need to set a deadline.
If the holiday is seriously affected by a shortcoming, the Client is entitled to set a reasonable deadline for this to be remedied. If the deadline passes without remedy being made, the Client is entitled to cancel the travel contract. If a remedy is impossible, is refused or the Client has a particular reason for cancelling the contract immediately, no deadline need be set. The same applies when it is obvious to g4 that a fault constitutes a compelling reason why the Client cannot be expected to undertake the holiday.
Should the cancellation be justified, g4 can demand compensation for those services already rendered and those to be rendered up to completion of the holiday. The calculation of compensation is governed by the value of the services rendered, the total price of the holiday and the value of the travel services contractually agreed. g4 shall take any steps which become necessary as a result of the cancellation of the contract. If the return journey is included in the travel contract, then g4 shall organise this and pay the additional costs.
Regardless of any reduction or cancellation, the Client can claim compensation for non-fulfilment, unless the shortcoming is due to circumstances beyond g4’s control.
11. The Client’s duty to cooperate
The Client is obliged to initiate actions, which can be reasonably expected of him, to prevent or minimise potential damage resulting from defective performance of services. He/she is also obliged to draw any complaints to the attention of either g4 or the respective representative i.e. the local tour guide. The latter is responsible for remedying the shortcomings, as far as is possible. If the Client culpably neglects reporting a defect, he/she shall forfeit the right to claim a refund.
g4‘s contractual liability for claims is limited to three times the holiday price (other than claims for personal injury) if:
the Client’s loss was caused neither intentionally nor through gross negligence, or
g4 is solely responsible for the Client’s loss caused by the fault of a service provider.
Should any of the services provided by service suppliers be governed by international agreements or statutory provisions based on such agreements, according to which a claim can only be brought forward under certain circumstances and with specific limitations, the tour operator may invoke such international agreements and statutory provisions when dealing with a Client’s claim.
g4 will not be liable for any defective performance or shortcomings which affect those services which, in our travel description, were expressly declared to be delivered by independent, third party providers. This applies in particular to any extra programme activities during the course of the trip. The obligations as an agent shall remain unaffected.
The maximum liability for material damage is 4,091 € per traveller and trip. If three times the holiday price is higher than this sum, then liability for material damage is limited to three times the holiday price (per traveller and trip).
g4 strongly recommends that the Client take out adequate insurance coverage for travel cancellation, accidents, health, personal liability and luggage.
14. Submission of claims, limitation period, statutory limitation
Claims regarding the redress of shortcomings (according to section 651c of the German Civil Code), the reduction of the holiday costs according to section 651d of the German Civil Code, the cancellation of the travel agreement due to defects according to section 651e of the German Civil Code or compensation according to section 651f of the German Civil Code due to inadequately performed travel services, non-performance, subsequent impossibility of performance or breach of ancillary duties must be brought to g4’s attention by the Client within one month of the contractually agreed end of the holiday. The Client may only assert claims beyond this period of time if he was prevented from complying with this deadline through no fault of his own.
Claims pertaining to inadequately performed travel services, non-performance, subsequent impossibility of performance or breach of ancillary duties will be time-barred one year after the contractually agreed end of travel.
If the Client asserts claims within one month of the contractually agreed end of the holiday, then the statutory limitation is suspended for as long as the Client or g4 refuse to continue negotiations. Statutory limitation commences at the earliest three months after the end of suspension.
Any disputes arising from or connected with the travel contract shall be heard in the courts of Berlin which are responsible for default actions and registered merchants. Any claims the tour provider brings against the Client shall be heard in the courts of the Client’s regular place of abode unless they are general merchants or if the Client moved abroad after conclusion of the contract or the domicile or regular place of abode is unknown at the time the action is filed. In these instances, the location of g4’s registered office will determine the court of jurisdiction.
Should individual provisions be void, this will not affect the validity of the remaining provisions in the agreement. Our offers comply with the stipulations at the time of their compilation and remain in force until the booking is concluded, subject to alterations and availability. g4 reserves the right to make alterations in the event of mistakes and printing errors.
Last updated: 1st September 2017