Standard Terms and Conditions of Travel (T&Cs of Travel) of KiteWorldWide GmbH
The following Standard Terms and Conditions of Travel (T&Cs of Travel), provided validly agreed, will form part of the content of the travel agreement established between you, as the customer, and KiteWorldWide GmbH, the tour operator, owner of the trademark Kiteworldwide – “KiteWorldWide”. The T&Cs of Travel augment and flesh out the statutory provisions contained in Sections 651 a-m German Civil Code (“BGB”) and the provisions regarding the obligations imposed on KiteWorldWide to provide information pursuant to Sections 4 to 11 German Civil Code Regulation on provision of information (“BGB-InfoV”). These T&Cs of Travel do not apply in the event that KiteWorldWide explicitly functions as the travel agent and specifically and unequivocally informs the customer of this fact prior to the booking.
- Conclusion of the travel agreement
1.1. The following applies to all booking channels:
- a) By placing the reservation (travel booking) the customer is offering KiteWorldWide the conclusion of a travel agreement based on the binding service descriptions, notes and prices set out in the catalogues, brochures and other such media – insofar as this is available to the customer.
- b) Insofar as he has assumed such an obligation by way of an explicit and separate declaration, the customer will be as equally liable for the fulfilment of obligations by all of his co-travellers for whom he is making the booking, as he is for his own.
- c) If the content of the declaration of acceptance/invoice differs from the booking content, this constitutes a new offer on the part of KiteWorldWide, to which it is bound for a period of ten days. The contract will be concluded on the basis of this new offer, if the customer explicitly declares his acceptance within the commitment period or renders a payment or commences the travel.
1.2. The following applies to bookings made orally, by telephone, in writing, by email or by facsimile:
- a) By placing the reservation (travel booking) the customer is making a binding offer to KiteWorldWide to conclude a travel agreement. KiteWorldWide recommends that bookings be made using the designated form.
- b) The travel agreement will be concluded upon the receipt of the booking confirmation (acceptance of the travel booking) by KiteWorldWide, which may be issued without any particular formal requirements. At the time of the conclusion of contract or directly after, KiteWorldWide will forward a booking confirmation/invoice to the customer in writing or text form, together with the security certificate (“Sicherungsschein”) pursuant to Section 651k German Civil Code (“BGB”).
1.3. The following applies to the conclusion of contract for bookings made by way of electronic commercial transactions (e.g. internet):
- a) The online booking procedure will be explained to the customer via the relevant website.
- b) The customer has access to an appropriate correction tool (use of which will be explained to him) for the purpose of correcting his entries, for deleting or cancelling the entire online booking form.
- c) The contract languages available for online bookings are specified.
- d) Insofar as the contractual text is saved by KiteWorldWide, the customer will be notified of this fact and informed about the possibility of a subsequent retrieval of the contractual text.
- e) By clicking on the button “book now (chargeable)“, the customer making a binding offer to KiteWorldWide to conclude the travel agreement.
- f) The receipt of the reservation (travel booking) will be promptly confirmed to the customer by electronic means (entry confirmation).
- g) The placement of the reservation (travel booking) by clicking on the “book now (chargeable)” does not create any entitlement on the part of the customer to the establishment of a travel agreement based on his reservation (travel booking). The agreement will be made upon receipt by the customer of the confirmation of booking from KiteWorldWide, which may be issued in any appropriate form. At the time of the conclusion of contract or directly after, KiteWorldWide will forward a booking confirmation/invoice to the customer in writing or text form, together with the security certificate (“Sicherungsschein”) pursuant to Section 651k German Civil Code (“BGB”).
- h) If the booking confirmation is issued immediately following activation of the „book now (chargeable)” button through the prompt display of the booking confirmation on the screen, the travel agreement is established with the display of this booking confirmation without the necessity for interim notification of the receipt of the booking. In this case the customer will be offered the opportunity to save and print-out the booking confirmation. This travel agreement will be binding, however, irrespective of whether the customer avails of these save or print-out options.
2.1 A down payment amounting to 20% of the tour price will be payable upon the conclusion of contract, provided the guarantee certificate has been forwarded. Travel insurance premiums will be payable in full at the time of the down payment. The remaining amount is payable without demand 29 days prior to the commencement of travel, insofar as the travel can no longer be cancelled for one of the reasons specified in No. 7.
2.2 The travel documents will be dispatched approx. 10-14 days prior to the commencement of travel, but only after full payment has been received.
2.3 If the booking is placed less than 4 weeks prior to the departure date, the tour price will be due immediately upon receipt of the confirmation of travel and the guarantee certificate.
2.4 If the customer fails to make the down payment or the payment of the balance on the due date, KiteWorldWide will be entitled to cancel the agreement having issued a reminder and stipulated a time limit for compliance. In this case, KiteWorldWide will charge the cancellation costs provided for in No. 5.2.
3.1 The services deliverable by KiteWorldWide are set out in the service specifications for the travel schedule and the general notices contained therein, as well as the details in the confirmation of travel referring to that information. Subsidiary agreements that entail a modification of the contractual services are conditional on express confirmation.
3.2 Local site and hotel brochures are for informational purposes only, and no guarantee is made with respect to their contents.
3.3 Regarding the travel service specifications, in accordance with Section 4 (2) BGB-InfoV KiteWorldWide expressly reserves the right to modify the specifications prior to the conclusion of contract for objectively justified, material and unforeseeable reasons.
- Modifications of service and price following the conclusion of the agreement
4.1 Service modifications
- a) Modifications to or variances of material travel services that become necessary following the conclusion of the agreement, and which were not caused by KiteWorldWide contrary to the principle of good faith, will only be permitted insofar as the modifications are not significant and do not compromise the overall arrangement of the travel booked.
- b) Possible warranty claims remain unaffected, in the event that the modified services contain flaws.
- c) KiteWorldWide is duty bound, to inform the customer of any modifications and variances to material services immediately after becoming aware of the reason necessitating such changes.
- d) In the event of a significant modification or variance to a material aspect of the travel services, the customer is entitled to cancel the travel agreement without incurring a penalty or to demand to be rebooked on another travel package that is at least equivalent to the value of the original, if KiteWorldWide operator is in a position to offer the customer such a travel package from its product range of without any additional charge.
- e) The customer must assert these rights against KiteWorldWide promptly following the latter’s declaration of the service modification. The customer is advised to assert his rights in writing.
4.2 Price change
- a) KiteWorldWide reserves the right to amend the price following the conclusion of the agreement in the event of an increase of the costs of carriage (especially to fuel charges) or the payments required for particular charges, such as port or airport fees or a change to the rate of exchange relating to the travel package in question. It will be changed as follows:
- aa) Increase in carriage costs: In relation to an increase relating to the seat charge, KiteWorldWide is entitled to demand that then customer pay the increase. In other cases, the additional costs of carriage demanded by the carrier for the means of transport in question will be divided by the number of seats for the agreed means of transport. KiteWorldWide is entitled to increase the agreed tour price by the resulting amount.
- bb) Increase in port and airport charges: KiteWorldWide may increase the tour price by the proportionate amount.
- cc) Change to rates of exchange: KiteWorldWide may increase the tour price to the extent that the price for the procurement of travel services has increased. KiteWorldWide must disclose to the customer the exchange rate which it originally used upon which is base its travel service specifications and at which point in time, whereby the key date for the change in the exchange rate is the day following the conclusion of contract.
- b) The increase is only permissible if there are more than four months between the conclusion of contract and the agreed date of travel, and the circumstances resulting in the increase have not already occurred and were not otherwise foreseeable upon the conclusion of contract. Price increases from the 20th day prior to the departure date are not permitted.
- c) In the event of a subsequent change to the tour price, KiteWorldWide is duty bound to notify the customer of the fact without delay. In the case of price increases in excess of 5%, the customer is entitled to cancel the travel agreement without penalty or to demand to be rebooked on another travel package that is at least equivalent to the value of the original, if KiteWorldWide is in a position to offer the customer such a travel package from its range without any additional charge. The customer must assert these rights against KiteWorldWide promptly following the latter’s declaration of the change of price. The customer is advised to assert his rights in writing.
- Cancellation by customer, substitutes, changing reservations
5.1 The customer may cancel the travel agreement any time prior to the start of travel. The notice to cancel will become effective at the time it is received by KiteWorldWide. For proof-related reasons, customers are advised to submit the cancellation notice in writing.
5.2 If the customer cancels prior to the start of travel or does not appear on the departure date, KiteWorldWide loses its claim to the cost of the travel package. Provided it is not responsible for the cancellation or the case does not concern an instance of force majeure, KiteWorldWide may instead demand reasonable compensation for the travel arrangements already made and for its costs depending on the respective cost of the travel package.
KiteWorldWide claims to compensation are based on a scale depending on the time of the cancellation, i.e. claims are calculated based on the time between the date of cancellation and the date of travel and charged as a flat-rate percentage of the cost of the travel package, with any customary savings in costs and customary reallocation of travel services taken into account.
Based on receipt of the cancellation notice the cancellation fees are calculated as follows:
- a) General cancellation conditions
up to the 30th day prior to departure date 20 %
from the 29th to the 22nd day prior to departure date 30 %
from the 21st to the 15th day prior to departure date 50 %
from the 14th to the 3rd day prior to departure date 75 %
from the 2nd day prior to departure date: 90 %
on the departure date and in the case of a failure to appear 95 % of the tour price.
- b) Special cancellation conditions
Special offers, flight with Condor to Brazil, individual travel components as group tours are subject to special cancellation conditions, and are explicitly referred to in the relevant service specifications or travel service specifications.
5.3 The customer remains entitled to demonstrate that no actual costs were incurred or were less than those indicated in the general or special cancellation conditions.
5.4 KiteWorldWide reserves the right to demand a specific sum higher than the aforementioned flat-rate cancellation fees, if it is able to show that it incurred costs significantly greater than the relevant flat-rate cancellation fee. In this case the tour operator will specifically itemise and bill the compensation charged, taking into account the costs saved and any reallocation of travel services.
5.5 KiteWorldWide explicitly advised customers to arrange travel cancellation expenses insurance.
5.6 In accordance with Section 651b German Civil Code (“BGB”), the traveller may demand that a third party assumes his rights and duties under the travel agreement (substitute). An administrative charge of 30.00 Euro will be payable in such cases. KiteWorldWide may object to the accession to the contract by a third party if said third party does not satisfy the specific travel requirements or if the participation of the third party is contrary to statutory regulations or official orders. If a third party takes over the contract, then the third party and the traveller are liable to KiteWorldWide as joint and several debtors for the travel price and any extra charges incurred by the third party taking over the contract.
5.7 There is no legal entitlement to a reservation change. If it is nevertheless possible to fulfil the customer’s request to make changes to a booking (such as changes to the travel date, the destination, the place at which the travel commences, the accommodation or the means of transport), KiteWorldWide may charge a rebooking fee of 30.00 Euro. The customer is entitled at any time to show that no loss was incurred or that the actual loss was less than the rebooking charge. Rebookings are only permitted up to the 30th day prior to the departure date. After that time changes to bookings are only permitted – if at all possible – by the customer first cancelling the travel agreement in accordance with the conditions in No. 5.2 and then directly making a new booking. This does not apply in respect of rebooking requests where the costs entailed are insignificant.
- Unused services
If the traveller fails to avail of travel services duly offered to him by KiteWorldWide for reasons for which he, the traveller, is responsible (e.g. early return journey), he is not entitled to a proportional reimbursement of the tour price. KiteWorldWide will use its best efforts to seek reimbursement from the travel service provider for the costs saved. This obligation is not applicable in relation to wholly insignificant services or if any reimbursement is precluded by statutory or public regulations.
- Cancellation due to failure to achieve minimum number of travellers
7.1 KiteWorldWide may cancel the travel agreement in the event of a failure to achieve the minimum number of travellers if
- a) the minimum number of travellers is specified in the tour details and it has stated the point in time at which the relevant declaration must be received by the Customer prior to the agreed start of travel and
- b) the confirmation of travel states to the minimum number of travellers and the latest date of cancellation, or reference is made to the applicable details in the travel service specifications.
7.2 Any cancellation must be notified to the customer no later than the 30th day prior to the agreed departure date. KiteWorldWidemust exercise its right of cancellation without delay, if it is already apparent at an earlier juncture that the minimum number of travellers will not be achieved.
7.3 If the travel is cancelled for this reason, the customer will be promptly reimbursed with all payments already made.
- Cancellation for reasons relating to behaviour of customer
KiteWorldWide may cancel the travel agreement without notice if the traveller, despite having received a warning from the tour operator, persistently causes a disturbance or if his actions in breach of the agreement are so severe as to justify an immediate termination of the agreement. If KiteWorldWide cancels the agreement in this way it retains its claim to the tour price; it must however set-off any costs saved along with any other benefits accrued from any reallocation of the non-utilised services, including the amounts credited to it by the travel service providers.
9.1 KiteWorldWide’s liability for damage, not including death or personal injury is limited to three times the cost of the tour package.
- provided the damage/loss sustained by the traveller was not caused deliberately or through gross negligence or
- insofar as KiteWorldWide is solely liable for damage/loss sustained by the customer for which a travel service provider was responsible. Other possibly farther-reaching claims under the Montreal Convention, the Warsaw Convention or the German Civil Aviation Act are not affected by this restriction.
9.2 KiteWorldWide is not liable for flaws in services, personal injury and property damage in connection with services which are purely arranged as third-party services (e.g. excursions, sporting events, theatre visits, exhibitions, shuttle services to and from the specified points of departure and destination), if these third-party services are expressly indicated as being such in the tour details and the confirmation of booking, with the inclusion of the details of the mediated service provider, in a manner so unambiguous that that they are readily apparent to the customer/traveller as being separate and distinct from the travel services provided by the KiteWorldWide.
9.3 KiteWorldWide is however liable
- for services relating to the transport of the traveller from the specified point of departure to the specified destination and for the intermediate carriage during the travel package as well as for accommodation services provided during the travel package;
- if and to the extent that the damage/loss sustained by the customer is attributable toKiteWorldWide’s breach of its duties to inform, notify and organise.
9.4 KiteWorldWide is not liable for services utilised by the traveller during the travel package, and not mediated or organised by KiteWorldWide or its vicarious agents, but instead, for example, by the hotel or other persons or firms and for which these other entities are responsible.
- Traveller’s duties of cooperation
10.1 Travel documents
The customer must inform KiteWorldWide if he has not received the requisite tour documentation (e.g. flight ticket, hotel vouchers) within the period specified by KiteWorldWide.
10.2 Flaws in the travel package
The traveller may demand recourse if he is of the opinion that the travel package was not rendered in accordance with contract. The traveller is obliged to promptly report the fault to KiteWorldWide’s designated local tour representative. If no tour representative is on hand and the availability of a representative was not contractually agreed, KiteWorldWide itself will note the fault. Information on how to contact the tour representative or KiteWorldWide will be provided to the traveller no later than with the provision of the travel documents. The traveller will not be entitled to a reduction in the tour price if he culpably fails to report the fault without delay. This will not apply only if the notification has no discernible prospects of success or cannot be reasonable expected for other reasons. The tour representative is responsible for remedying the situation insofar as this is possible. However, they are not entitled to acknowledge the claims of the traveller.
10.3 Notice period prior to cancellation
If a customer/traveller wishes to cancel a tour package significantly flawed due to a fault of the type described in Section 651c German Civil Code (“BGB”), and wishes to do so on the grounds of untenability the cause of which is recognised by KiteWorldWide, the traveller must first grant KiteWorldWide a reasonable period of time in which to provide relief. This will only not apply if relief is impossible or is refused by KiteWorldWide or if the immediate termination of the agreement is justified on the basis of a particular interest of the customer recognisable to KiteWorldWide.
10.4 Loss of luggage and late arrival of luggage
KiteWorldWide strongly recommends that damage to luggage or the late arrival of luggage be promptly notified there and then to the airline in question by using a Property Irregularity Report (PIR). Airline companies usually reject to pay compensation if such a Property Irregularity Report has not been completed. After receiving the Property Irregularity Report, it must be submitted within 7 days in the case of loss of luggage of damage to property and within 21 days in the cause of delayed arrival. The loss, damage or misdirection of luggage must also be reported to the local tour representative or to KiteWorldWide if no tour representative is available or contractually agreed.
- Assertion of claims, notification time limits, prohibition on assignment
11.1 Warranty claims must be asserted by the traveller/customer within one month of the contractually scheduled end of the travel. Such claims may only be raised directly against KiteWorldWide and should be submitted to the address contained in the T&Cs of Travel below. Customers are advised to do this in writing.
11.2 Following the expiry of this one-month period, the traveller/customer may only assert claims if he was impeded from complying with the said period at no fault of his own.
11.3 This time limit also applies to reporting damage to luggage or the delayed arrival of luggage in connection with flights pursuant to No. 10.4, if warranty claims are established under Sections 651c (3), 651d, 651e (3) and (4) German Civil Code (“BGB”). A compensation claim for damaged luggage must be submitted within 7 days following issue, a compensation claim for delayed luggage with 21 days.
11.4 The time limit commences on the day after the day on which the travel package contractually ends. If the final day of the time limit falls on a Saturday, Sunday or a public holiday recognised at the place at which KiteWorldWide has its registered address, the applicable final day will be the next working day.
11.5 Claims against KiteWorldWide may not be assigned to other parties who are not party to the travel package.
- Limitation period
12.1 Claims of the traveller/customer pursuant to Sections 651 c-f German Civil Code (“BGB”) in relation to death or personal injury resulting from a deliberate or negligent breach of duty on the part of KiteWorldWide or one of its lawful representatives or vicarious agents are subject to a limitation period of two years. This applies equally in respect of claims for compensation of other damage/loss etc. resulting from the deliberate or grossly negligent breach of duty on the part of KiteWorldWide or one of its lawful representatives or vicarious agents.
12.2 All other claims pursuant to Sections 651 c-f German Civil Code (“BGB”) are subject to a limitation period of one year.
12.3 The limitation period commences on the day the tour package is to end according to the agreement. If the final day of the time limit falls on a Saturday, Sunday or a public holiday recognised at the place at which KiteWorldWide has its registered address, the applicable final day will be the next working day.
12.4 The said limitation period will be suspended for the time that negotiations are conducted between the customer/traveller and KiteWorldWide in relation to the claim or the grounds underlying the claim. It will begin to run again once the customer/traveller or KiteWorldWide breaks off these negotiations. The limitation period will recommence no earlier than 3 months following the end of the suspension.
- Duties to provide information in relation to the identity of the contracted airline company
The EU Regulation on informing air transport passengers of the identity of the operating air carrier obliges KiteWorldWide to inform the customer at the time of booking of the identity of the operating airline responsible for performing all air transport services connected with the booked travel package. If the operating air carrier is not determined at the time of booking, KiteWorldWide is obliged to inform the customer of the airline or airlines that will most likely provide the air transport services. It must inform the Customer as soon as it knows which airline will provide these services. If there is a change to the airline named to the customer as the operating air carrier, KiteWorldWide must inform the customer as soon as possible about the change. It must initiate all reasonable steps without delay to ensure that the customer is notified of the change as quickly as possible. The “Black List” can be viewed on the following web page: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm
- Passport, visa and health regulations
14.1 KiteWorldWide will inform citizens of a State of the European Union in which the travel package is offered, about the regulations pertaining to passports, visas and health as well as any amendments thereto prior to departure date. Citizens of other states can obtain the necessary information from the relevant consulates. KiteWorldWide assumes that there are no special circumstances pertaining personally to the traveller/customer (e.g. dual nationality, absence of citizenship).
14.2 If KiteWorldWide has duly fulfilled its duties to provide information, the traveller/customer is personally responsible for complying with all the regulations relevant to the performance of tour package. He is responsible for obtaining and holding the officially required travel documents and must personally ensure that their periods of validity are sufficient to cover the time of travel. The traveller/customer is also responsible for ensuring he has received any necessary vaccinations, and for complying with the customs and foreign exchange regulations. The customer/traveller will bear any negative effects (e.g. refusal of permission to board) resulting from his failure to observe such regulations. The provisions contained in No. 5.2 will correspondingly apply in such cases.
14.3 If the customer has requested KiteWorldWide to apply for official documents on his behalf (e.g. a visa), KiteWorldWide is not liable for these documents being issued in time by the German or foreign authorities, unless it has breached its own duties and is personally responsible for the delay.
- Sports course and programmes
Participation the sports courses and programmes offered by KiteWorldWide demands mental and physical fitness. It is therefore urgently recommended that customers undergo a sports medicine examination prior to making the travel booking. The instructions issued by sports instructors and organisers must be followed during sports courses and programmes. The traveller is obliged to observe the local, national and international safety guidelines. Contraventions will result in immediate exclusion with no claim to the reimbursement of the proportional costs for the course or programme in question.
Travellers booking a sports course or sports programme must possess the level of experience described in the specifications. If the traveller does not possess the requisite qualifications, the responsible on-site sports instructor is authorised to rebook him onto a sports course or programme suitable to his capabilities.
- Applicable law, Legal venue
15.1 The contractual relationship between the customer and KiteWorldWide is governed solely by the law of Germany.
15.2 The customer/traveller may only pursue legal actions against KiteWorldWide at that court with jurisdiction for the place in which it has its registered address. KiteWorldWide’s claims against the customer will be heard by that court with jurisdiction over the customer’s place of residence. It is agreed that claims against customers which are “merchants”, legal entities under public or private law or persons who have their domicile or main place of residence in a foreign location, or the domicile or main place of residence of whom is unknown at the time that the legal action is raised, will be heard before that court with jurisdiction over the place in which KiteWorldWide has its registered address.
15.3 The aforementioned provisions do not apply,
- a) if and to the extent that the provisions of international agreements, which cannot be precluded by private contract, and applicable to the travel agreement between the customer/traveller and KiteWorldWide, provide for more favourable conditions for the customer/traveller or
- b) if and to the extent that strictly applicable provisions relevant to the travel agreement and applicable within the EU member state to which the customer/traveller belongs, are more beneficial to the customer/traveller than the preceding provisions or the corresponding German regulations.
Valid as of: 12.04.2016
Notice of termination of contract by reason of force majeure
Regarding the termination of the travel agreement, reference is made to the statutory provisions in the German Civil Code (“BGB”), which read as follows:
(1) If the travel package is substantially obstructed, jeopardised or impaired as the result of force majeure not foreseeable when the contract was entered into, then both the travel organiser and the traveller may terminate the contract merely under this provision.
(2) If the contract is terminated under subsection (1), then the provisions of section 651e (3) sentences 1 and 2 and (4) sentence 1 apply. Extra costs for return transport are to be borne by the parties one-half each. Apart from this, extra costs are borne by the traveller.”
Neustädter Neuer Weg 6
Office Germany: +49 40-2093 4509 0
Hotline Switzerland: +41 43 50 81 504
Hotline UK: +44 20 36085 777
Hotline SE: +46 85 25 00 641
Fax: +49 40 2093 4509 9
Data Protection Notice:
The personal data provided by the customer as part of the booking procedure will be electronically processed, and used and saved by KiteWorldWide GmbH and its service providers insofar as necessary for the performance of the contract. The provisions of the German Federal Data Protection Act (BDSG) apply. In accordance with U.S. anti-terrorism legislation, airline companies are compelled to provide the flight and booking details of every passenger to the U.S. Transportation Security Administration (TSA) before entry to the USA. Entry to the USA will be denied unless this data is provided – this also concerns intermediate landings and connecting flights. This data must also be provided for flights to other countries that merely enter U.S. airspace.
KiteWorldWide GmbH generally recommends that customers arrange travel cancellation expenses insurance and foreign travel medical insurance with provision of return transport.
Distance selling contracts
KiteWorldWide GmbH advises that distance selling bookings of package tours, flights, hire cars and accommodation cannot be cancelled under Section 312g (2) no. 9 German Civil Code (“BGB”).