General terms and conditions for travel.
Conditions générales du contrat de voyage
These general conditions of the travel contract entered into between the tour operator and the travelling clients relate to the products and travel packages published in this brochure.
All the indications, descriptions and information of this brochure and any possible changes or corrections that may be notified to travellers by their travel agent, are also part of the travel contract between the organiser and the travelling clients. However, the tour operator is not responsible for the texts, descriptions, brochures and flyers of third parties, such as hotel providers and/or local tourist organizations.
Trips published in this catalogue and marked with the logo of another tour operator are subject to the general terms and conditions of that tour operator.
Registration for the trip by the travelling client is part of the travel contract and implies the travelling client’s express acceptance of these general terms and conditions and their obligation to comply with them. Oral agreements that are not confirmed in writing are considered null and void. These general terms and conditions also apply to special programmes that are not included in this brochure, subject to specific conditions related thereto.
I. Registration, travel confirmations and travel documents
Booking a trip is subject to the acceptance of the terms and conditions of the above-mentioned trip.
1. Booking and down-payment
Registration for the trip by the travelling client is carried out in writing, either via the Internet or by e-mail, or by phone or in person with a retailer of the tour operator. After written confirmation from the tour operator, this registration shall bind the tour operator and the traveller. When booking online via the Internet, confirmation of the online travel contract is binding.
After registration, the travelling client agrees and undertakes to pay the tour operator a down-payment no later than 7 (seven) days following receipt of the confirmation.
The deposit to be paid is 30% of the travel price (min. EUR 25). For day trips, the deposit is 100% of the price. For special services (concerts, exhibitions, etc.), the amount of the deposit will be set on a case-by-case basis and indicated on the travel confirmation.
For last minute bookings, i.e. less than 14 (fourteen) days before the departure date, the full amount of the trip is due.
Requests “outside a quota” (reservation upon request) are available upon request and are binding following confirmation by the service provider.
If there are other participants, the client who made the registration is jointly liable for the contractual obligations of the other participants.
2. Written confirmation
1. A written confirmation indicating the price and the payments to be made is sent to the travelling client after registration, along with the general terms and conditions of the travel contract. The travelling client is obliged to check the data contained on the travel contract (e.g. travel dates, spelling of names, etc.) and communicate any change from the information they provided to the retailer. The travelling client is also obliged to disclose the names of the participants according to the information stated on their passport or identity card. Costs may incur as a result of any change made after confirmation of the reservation.
2. About a week before the trip but no later than 4 (four) days before it, each participant in the trip receives a list of hotels through the post along with a specific programme with important and practical information for the trip. The travel confirmation also serves as a travel document. For individual trips, travel documents (flight ticket, hotel voucher, etc.) are available one week prior to departure from the retailer, subject to payment of the balance.
II. Travel rates and payment terms
1. Travel rates only include the services that are specifically listed in the catalogue as part of the price for the various trips. All services that are not included can be booked and paid as a supplement to the retailer or on site.
2. Travel rates include all taxes, fees or remuneration, as well as any possibly due tax.
3. The tour operator reserves the right to REVISE RATES. Price increases that do not exceed 8 (eight) percent of the total trip cost are possible if they are the direct result of an evolution: a) passenger transport prices resulting from the cost of fuel, b) the level of fees or charges on the travel services included in the contract, imposed by a third party who is not directly involved in the execution of the trip, including tourist taxes as well as landing, embarkation and disembarkation taxes in ports and airports or c) the rate of exchange prevailing during the trip or stay in question.
4. A price increase is possible only if the travelling client has been informed thereof in a clear and understandable manner at least 20 (twenty) days before the start of the trip. The notification shall include the amount of the increase, its justification and its calculation.
5. The travelling client is entitled to a price reduction corresponding to any reduction in costs referred to in paragraph 3 (a), b) and c), which occurs after entering into a travel contract and before the start of the trip. In this event, the tour operator is entitled to deduct its actual administrative expenses of the refund due to the traveller. At the request of the travelling client, the tour operator shall provide proof of its administrative expenses.
6. If the tour operator proposes to increase the price by more than 8 percent of the total price of the trip, the traveller may – within 7 (seven) days – accept the proposed change or terminate the contract without having to pay a termination fee.
DISCOUNTS FOR GROUPS are given upon specific request.
DISCOUNTS FOR CHILDREN, insofar as they are not already mentioned, are also given upon specific request.
All payments must be made on one of the bank accounts printed on the travel confirmation.
The balance must be paid 14 (fourteen) days before the start of the trip, but no later than upon receipt of the travel documents.
THE CLIENT IS REQUIRED TO INDICATE THE REFERENCE NUMBER ON THE WIRE TRANSFER.
III. Tour operator services
1. All the information contained in the brochure and on the website correspond to the status at the time of printing (July 2018). The tour operator reserves the right to change – if needed – services and prices, and to correct any errors, misprints and miscalculations.
2. The services that are the subject of a contractual agreement are listed, firstly, in the brochure’s description of services that became the contractual basis, and secondly, in any information relating to the travel confirmation. The rates shown in the brochure that became the basis of the travel contract are, in principle, binding on the tour operator. Amendments may occur before entering into the travel contract; the travelling client will obviously be notified of any changes as soon as possible before booking. Side agreements, special agreements and special requests must be expressly stated in the travel confirmation; otherwise, they are non-binding on the tour operator.
IV. Amendment, termination or cancellation of the travel contract
Before the departure
Transfer of the travel contract from the travelling client to another traveller
1. Provided that the travelling client informs the tour operator in writing with at least 7 (seven) days’ notice before the start of the trip, the travelling client has the right to transfer the travel contract to a person who meets all the conditions applicable to the travel contract.
2. The transferor and transferee are jointly liable for the payment of the trip as well as the costs, charges and potential additional costs arising from such a transfer. These amounts are to be paid to the tour operator/retailer. Application fees amount to at least EUR 25 per person.
3. The tour operator reserves the right not to accept such a transfer if the transferee does not fulfil the conditions and obligations of the travel contract.
Minor change to the travel programme made by the tour operator
The tour operator reserves the right to make minor travel programme changes. In this event, the travelling client shall be notified of such changes as soon as possible prior to the trip.
Amendment of an essential part of the travel contract by the tour operator
1. If, before the trip, the tour operator is obliged to make significant amendments to one or more of the main features of the travel contract or if the tour operator proposes to increase the price of the trip by more than 8 percent, the tour operator shall notify the travelling client thereof within 3 (three) days. In the same lapse of time, the tour operator informs the travelling client in writing, that they have the right to accept the proposed change or terminate the travel contract within 7 (seven) days without paying termination fees and to notify the tour operator of their choice. Upon termination of the travel contract, the tour operator may also offer replacement services of equal or superior quality to the travelling client. The absence of a response from the travelling client within the deadline shall be deemed to be a tacit acceptance of the amendment proposed by the tour operator.
2.If the amendment of the travel contract or the replacement services lead to lower quality and cost, the travelling client will be entitled to an appropriate discount.
3. If the travel contract is terminated by the travelling client in accordance with the above and they do not accept replacement services, the tour operator shall refund all payments made by the travelling client within 14 (fourteen) days following the termination of the travel contract.
Termination or cancellation of the travel contract by the travelling client
The travelling client may cancel the travel contract at any time before the start of the trip.
The tour operator shall supply evidence of the amount of the cancellation fee if requested by the traveller.
If the travelling client cancels the travel contract, the following cancellation fees shall apply:
1a. Upon cancellation of COACH TRAVEL reservations, the following cancellation fees shall apply:
If cancelled up to 30 days before departure: 15% of the fixed price, minimum EUR 15 per person.
If cancelled between the 29th and the 15th day before departure: 30% of the fixed price.
If cancelled between the 14th and the 6th day before departure: 50% of the fixed price.
If cancelled between the 5th day and the day before departure: 75% of the fixed price.
Cancellation or no-show on the day of departure leads to a cancellation fee in the amount of 100% of the fixed price.
1b. In case of cancellation of a ONE DAY AUTOCARY TRAVEL, the following cancellation fees apply:
In case of cancellation up to the 15th day before departure: no cancellation fee.
In case of cancellation between the 14th and the 1st day before departure: 50% of the package price.
Cancellation or no-show on the day of departure will incur a cancellation fee of 100% of the package price.
2. Upon cancellation of AIR TRAVEL reservations, the following cancellation fees shall apply:
If cancelled up to 60 days before departure: 15% of the fixed price.
If cancelled between the 59th and the 45th day before departure: 30% of the fixed price.
If cancelled between the 44th and the 14th day before departure: 50% of the fixed price.
If cancelled between the 13th and the 4th day before departure: 75% of the fixed price.
If cancelled between the 3rd day and the departure date and in the event of no-show on the day of departure: 100% of the fixed price.
3. Special services such as theatre tickets, musical tickets or tours (such as helicopter flights, New York City Pass, etc.) are non-refundable. The non-use of these kinds of services gives rise to a cancellation fee of 100% of the fixed price.
4. When cancelling a GUIDED TOUR BOOKED INDIVIDUALLY, the following cancellation fees shall apply:
If cancelled up to 30 days before departure: 30% of the fixed price.
If cancelled between the 29th and the 4th day before departure: 75% of the fixed price.
If cancelled between the 3rd day and the departure date and in the event of no-show on the day of departure: 100% of the fixed price.
5. When cancelling a HOTEL SERVICE FROM THE PRODUCT RANGE, the following cancellation fees shall apply:
If cancelled up to 30 days before departure: 15% of the fixed price.
If cancelled between the 29th and the 15th day before departure: 30% of the fixed price.
If cancelled between the 14th and the 6th day before departure: 50% of the fixed price.
If cancelled between the 5th day and the day before departure: 75% of the fixed price.
Cancellation or no-show on the day of departure leads to a cancellation fee in the amount of 100% of the fixed price.
6. Upon cancellation of a CRUISE, the conditions of the ship-owner shall apply. The travelling client must request relevant information from the travel agencies.
7. As part of an individual booking of a hotel or other services outside of a Sales-Lentz trip, the conditions of the service provider or hotel shall apply. The travelling client must request relevant information from the travel agencies.
8. Bookings of scheduled flights are subject to the conditions of the airlines. The travelling client must request relevant information from the travel agencies.
9. Cancellations must be made in writing.
10. Cancellation fees provided for under this Article are not due if exceptional and unavoidable circumstances arising at destination or near it, have major consequences on the performance of the trip or the transport of passengers to said destination. In this event, the travelling client is entitled to a full refund of payments made for the trip but not to any additional compensation.
Termination of the travel contract by the tour operator
1. The tour operator can terminate the travel contract and fully refund the travelling client for the payments they made, without additional compensation, if: a) the number of people registered for the trip is below the minimum number indicated in the travel contract and the tour operator notifies the termination of the contract to the traveller within the deadline set by the contract, but no later than: 20 (twenty) days before the start of the trip for trips of more than six days; 7 (seven) days before the start of the trip for trips of two to six days; 2 (two) days before the start of the journey for trips of less than two days;
Or
b) the tour operator is unable to perform the contract due to exceptional and unavoidable circumstances and notifies the termination of the contract to the travelling client without undue delay before the start of the trip.
2. In this case, the tour operator shall refund all payments made by the travelling client for the trip within 14 (fourteen) days at the latest after the termination of the travel contract.
3. The travelling client must be informed of the cancellation in writing. Moreover, the travelling client has the choice to accept another travel package of equal or superior quality, without extra charge, instead of getting a refund for the cost of the trip, if proposed by the tour operator.
4. Accompaniment by a guide or companion is guaranteed from a minimum of 15 participants during multi-day and one-day trips, tours with a local guide are as shown in the brochure description.
5. As for a number of participants lower than 15, the tour operator reserves the right to adapt the type of vehicle.
6. The tour operator reserves the right to cancel a trip (even guaranteed) if no participant is reserved at the time of expiry of the quota.
After the departure
Obligation of the tour operator and non-compliance of the travel service
1.The tour operator is responsible for the execution of travel services included in the travel contract, regardless of whether these services are to be carried out by the tour operator on its own or via other travel service providers.
2. The travelling client informs the tour operator as soon as possible of any non-compliance found when carrying out a travel service included in the travel contract.
3. If a travel service is not performed in accordance with the package tour contract, the tour operator shall remedy the non-compliance, unless it is impossible or generates disproportionate costs, given the importance of non-compliance and the value of the travel services in question.
4. If the tour operator does not remedy the non-compliance, the travelling client can claim a discount on the price of the trip and appropriate compensation, as provided for in these general terms and conditions.
5. Without prejudice to the exceptions set out in point 3, if the tour operator does not remedy the non-compliance within a reasonable period set by the travelling client, the travelling client may remedy it and demand reimbursement of expenses to the tour operator.
6. When a large share of travel services cannot be provided as planned in the travel contract, the tour operator must provide the travelling client – at no extra cost – with other appropriate services, possibly of equal or higher quality than those specified in the travel contract, for the continuation of the trip, including if the travelling client’s return to their departure location is not provided as agreed.
7. When the other services offered give rise to a package of inferior quality than that specified in the travel contract, the tour operator must grant the traveller an appropriate discount.
8. The travelling client may only refuse the other services offered by the tour operator if they are not comparable to what was foreseen in the travel contract or if the discount granted is not appropriate.
9. Where non-compliance significantly disrupts the execution of a trip and the tour operator does not remedy it within a reasonable time frame set by the travelling client, the travelling client may cancel the package holiday contract without paying any cancellation fees and request, as the case may be, a discount, compensation or both.
10. If it is impossible to offer other services or if the travelling client refuses the other services proposed in accordance with point 8, the travelling client shall be entitled, if necessary, to a discount, compensation or both, also without termination of the travel contract.
11. If the trip includes the transport of passengers, the tour operator shall also provide the travelling client with repatriation by an equivalent means of transport, without undue delay and at no extra cost for the travelling client.
12. When due to exceptional and unavoidable circumstances, it is impossible to ensure the travelling client’s return as provided for in the travel contract, the tour operator shall bear the costs of the necessary accommodation of an equivalent category if possible for a maximum of 3 (three) nights per traveller. If longer periods are prescribed by the legislation of the European Union on passenger rights applicable to transport concerned for the traveller’s return, these periods shall apply.
13. The limitation of costs provided for under paragraph 12 does not apply to disabled people, people accompanying disabled people, pregnant women and unaccompanied minors, or to persons requiring specific medical assistance, provided that the tour operator was notified of their particular needs at least 48 hours before the start of the trip.
Reduced price and compensation for the travelling client resulting from the non-compliance of travel services
1. The travelling client is entitled to an appropriate discount for any period of non-compliance of travel services, unless the tour operator proves that non-compliance is attributable to the travelling client.
2. The travelling client is entitled to appropriate compensation from the tour operator for any prejudice suffered due to the non-compliance of services provided. Compensation shall be paid without undue delay.
3. The traveller is not entitled to any compensation if the tour operator proves that non-compliance is attributable to the traveller or to a third party unconnected with the provision of travel services in the travel contract, and is of an unforeseeable or unavoidable nature due to exceptional and unavoidable circumstances.
4. The amount of compensation is limited to three (3) times the total price of the trip. However, this limitation does not apply to personal injury or to damage caused intentionally or negligently by the tour operator.
5. The rights to compensation or a discount provided for in this Article shall not affect the rights of passengers under other European laws or international conventions. Travellers have the right to lodge complaints under this point and the said regulations and international conventions. The compensation or discount granted pursuant to this point and the compensation or discount granted under the said regulations and international agreements are deducted from each other to avoid any overcompensation.
V. Liability of the tour operator
1. Liability of the tour operator
The tour operator is responsible for the provision of contractual services under the travel contract, whether they are provided by it or other service providers.
However, the tour operator may not be held liable if it can prove that the failure or imperfect execution of the contractual provision is based on a circumstance that is the responsibility or fault of the travelling client, which was caused by an unforeseen and unavoidable act of a third party with respect to providing the services agreed in the travel contract or in the event of force majeure.
The tour operator may not be held liable for guilty, illicit and illegal acts of hotel providers and other service companies and their employees and agents prejudicing travelling clients and their wealth.
Any claims of the travelling client against service companies are not the tour operator’s area of responsibility.
The tour operator may not be held liable for damage resulting from a cancellation of the trip or stay due to unforeseen circumstances such as war, civil unrest, epidemics, sovereign decision (closure of borders), natural disasters, damages, destruction of accommodation, strikes or other similar events. Additional expenses incurred in such circumstances are borne by the travelling client.
The tour operator is not responsible for excursions, circuits, tours, and entertainment that are not part of the travel programme. Participation in the latter is at the travelling client’s own risk.
The tour operator is not responsible for hotel bookings or other services that have been booked directly by the travelling client. Such reservations are not covered by the tour operator in any way.
The tour operator will provide assistance to travelling clients in difficulty by providing them with useful information on health services, local authorities and consular assistance or helping to make long-distance calls and find other travel services. The tour operator reserves the right to charge such an intervention based on real costs if the difficulty of the travelling client is caused intentionally or negligently.
2. Limitations of liability
The contractual liability of the tour operator is limited to three times the price of the trip. However, this limitation does not apply to personal injury and damage caused intentionally or through negligence.
3. Objections
Any objections should be sent directly to the hotel or the tour operator’s local correspondent. In addition, objections must be sent to the tour operator in writing within 14 (fourteen) days after the return. Otherwise, it may be the case that they will not be taken into consideration.
4. Exclusion of claims and limitation period
1.All claims should be asserted in writing within 14 (fourteen) days after the end of the trip specified in the contract and sent to the tour operator’s headquarters.
2. Claims made by the travelling client regarding the reservation and the trip itself lapse two years after the end of the trip specified in the contract.
VI. Miscellaneous
1. Currencies and formalities
Travelling clients are requested to bring different currencies of the countries they will go to as part of their trip.
Information regarding formalities for the entry of travelling clients in countries that are part of the trip must be requested from the travel agencies based on the nationalities indicated by the traveller.
Travelling clients are personally responsible for the compliance with provisions regarding visa, customs, currency and sanitary requirements. Travelling clients agree to only make the trip in possession of valid identity documents to cross the border. If this is not the case, any costs incurred by the tour operator as a result of this shall be borne by the clients. Clients are requested to pay attention to the validity of their passport or identity card!
2. Luggage
For coach travel, each travelling client is allowed to carry a suitcase and a bag. For air travel, transport of free and/or paid luggage is subject to the airline’s specific conditions.
3. Vaccinations and health regulations
Travelling clients should check with their doctor or the health authorities of the State regarding mandatory or recommended preventive measures, such as vaccinations and prophylaxis. The tour operator shall not be held liable for the travelling clients’ negligence in this respect.
Before the departure, the travelling client must check the validity of the European Health Insurance card and must, as the case may be, be able to produce the “Caisse Médicochirurgicale Mutualiste”(Medical and Surgical Fund) card and/or the “Luxembourg Air Rescue” card during the trip.
VII. Travel insurance and accommodation in the event of impossibility to return
1. No travel insurance is included in the rates of this brochure. Each participant may take out an individual travel insurance policy when booking. Information relating thereto is available from travel agencies.
2. When due to exceptional and unavoidable circumstances, it is impossible to ensure the timely return of the traveller to the departure location, the tour operator bears the costs of the necessary accommodation of an equivalent category if possible for a maximum of three nights per traveller.
3. If longer periods are prescribed by the legislation of the European Union on passenger rights applicable to transport concerned for the traveller’s return, these periods shall apply.
VIII. Financial guarantee and civil liability insurance of the tour operator
Under the Luxembourg Consumer Code, the services of the tour operator are financially guaranteed by the “Mutualité luxembourgeoise du tourisme”, a mutual guarantee cooperative company (registered with the Trade and Companies Register under No. B 63569), whose registered office is located at 7 rue Alcide de Gasperi, L -1615 Luxembourg, tel. +352 439 444 700). Travellers can contact the agency or, as appropriate, the competent authority (Ministry of Economy, 19-21 Boulevard Royal, L-2449 Luxembourg, Tel. (+352) 247 74 700, e-mail: travel@eco.etat.lu) if they are denied access to some services as a result of the insolvency of SLA s.a. (public limited company)
The tour operator’s professional liability is covered by the insurance company AXA Assurances Luxembourg S.A. 1 Place de l’Etoile L-1479 Luxembourg.
IX. General points
1. All the information corresponds to the status at the time of printing in July 2018.
The tour operator is not responsible for any printing errors.
2. The tour operator reserves the right to change prices, services and programmes; this also applies in case of changes caused by possible misprints.
3. The invalidity of certain clauses does not make the travel contract null and void as to its substance.
4. The tour operator is not responsible for the information contained in brochures published by third parties.
X. Jurisdiction
Luxembourg courts have exclusive jurisdiction in the event of a dispute.
XI. The tour operator
S.L.A. s.a.
ZAE Robert Steichen
4, rue Laangwiss
L-4940 Bascharage
BP. 39 L-4901 Bascharage
Tel.:
266 511 Fax: 266 51 4388
info@sales-lentz.6513191406603.hostingkunde.de
Internet: www.sales-lentz.6513191406603.hostingkunde.de
Company Registration No. LU 16358907
Luxembourg Trade & Companies Registration No. B49878