TravelWorks.co.uk » Terms & Conditions
Travel Terms and Conditions
We, TravelWorks, hereinafter abbreviated to "TW", make use of our entire knowledge and our experience in order to make your journey a success. Clear legal terms and conditions make their contribution to this. We would therefore request that you read our travel terms and conditions attentively. To the extent effectively included, they become contents of the travel contract originating between yourselves and us in the event of us confirming your booking.
1. Conclusion of the travel contract
1.1. With the booking (registration for the journey), which can only be done with the booking form to be sent to TW by mail or by fax, Customer bindingly offers conclusion of the travel contract to TW. The foundation of this offer is formed by the description of the journey and the supplementary information from TW for the journey in question, to the extent available to Customer. In the event of minors, an offer of a contract for the minor, legally represented by the parents or other guardians, and the latter themselves is made at the same time as the booking.
1.2. Travel organisers (e.g. travel agencies) and funding agencies (e.g. schools, partner organisations) have not been authorised by TW to make agreements, give information or assurances changing the agreed contents of the travel contract, exceeding the performances of TW assured by contract or contradicting the description of the journey.
1.3. School, local and accommodation brochures not issued by TW shall not be binding for TW and its duty to performance to the extent that they have not been made an object of the description of the journey or contents of the duty to performance of TW by express agreement with Customer.
1.4. Customer shall vouch for all contractual obligations of fellow-travellers for whom he makes the booking like his own, to the extent that he has assumed this obligation by express and separate declaration.
1.5. The contract shall originate upon receipt of the written booking confirmation by TW. If the booking is done by Customer less than 7 working days before the start of the journey, the booking confirmation can be bindingly provided by e-mail, by fax or by telephone.
1.6. If the booking is done by an enterprise or an institution, the enterprise or institution shall exclusively become contracting partner of TW to the extent nothing to the contrary is expressly agreed.
1.7. If a customer requests invoicing to an enterprise (in particular, for example, an employer) upon booking, the customer making the booking shall nevertheless remain contracting partner of TW and thus the party obliged to payment.
2.1. Upon conclusion of the contract (receipt of the booking confirmation by the traveller or the agent) and provision of the certificate of insurance pursuant to § 651k German Civil Code, a downpayment to the amount of 10 % of the travelling price per person, albeit a maximum of € 250 per person, which is offset against the travel price, shall be due for payment.
2.2. The residual payment shall be due 4 weeks before the start of the journey.
2.3. The travel documents shall only be sent or handed to the traveller after receipt of his payment by TW.
2.4. Insofar as TW is willing and able to render the contractual travel services and no statutory or contractual right of retention of Customer exists, there shall be no claim to making use of the travel services or handing over of the travel documents without complete payment of the travel price.
2.5. If Customer fails to make the downpayment and/or residual payment according to the agreed maturities, TW shall be entitled, following a reminder with setting of a period of grace, to withdraw from the contract and to charge the costs of withdrawal pursuant to subsection 4 of these terms to Customer.
3. Price increases
TW reserves the right to change the price agreed in the travel contract as follows in the event of an increase of transport costs or the payments for certain services such as port or airport duties or a change in the exchange rates applying to the journey in question.
3.1. An increase pursuant to the following provisions shall only be admissible to the extent that more than 4 months elapse between conclusion of the contract and the agreed date of travel and the circumstances leading to the increase had not occurred before conclusion of the contract and were also not foreseeable for TW at the time of conclusion.
3.2. If the transport costs existent at the conclusion of the travel contract, in particular fuel costs, increase, TW can increase the travel price pursuant to the following calculation:
3.3. If the charges existing at the conclusion of the travel contract such as port or airport charges are increased for TW, the travel price can be increased by a corresponding pro rata amount.
3.4. If the exchange rates are changed after conclusion of the travel contract, the travel price can be increased to the scope in which the travel has become more expensive for TW.
3.5. In the event of a subsequent change of the travel price, TW shall inform Customer of the reason for the change without delay following knowledge. Price increases shall only be admissible if received by Customer by the 21st day. In the event of price increases of more than 5%, Customer shall be entitled to withdraw from the travel contract without charge or to demand participation in a trip which is at least equivalent if TW is in the position to offer such a trip without additional costs for Customer. Customer shall claim the aforementioned rights without delay following the notification from TW about the increase in price.
4. Withdrawal by Customer before the start of the journey / cancellation costs
4.1. Customer can withdraw from the journey at any time before the start of the journey. Withdrawal shall be declared to TW under the address stated below. If the journey has been booked via a travel agency, withdrawal can also be declared to the latter. We recommend that Customer declares the withdrawal in written form.
4.2. If Customer withdraws before the start of the journey or does not start the journey, TW shall lose the claim to the travel price. Instead, TW can, if it is not answerable for the withdrawal or an incident of force majeure exists, demand a suitable reimbursement for the travel arrangements made up to the withdrawal and demand its expenditure as a function of the travel price in question.
4.3. TW has staggered its claim to reimbursement according to time, i.e. as a lump-sum taking the proximity of the time of the withdrawal to the start of the journey agreed in the contract in a percentage relationship to the travel price into consideration and has taken expenditure normally saved and use of the travel services normally possible elsewhere into due account in the calculation of the reimbursement. The reimbursement shall be calculated as follows according to the time of the receipt of Customer's declaration of withdrawal:
4.4. In any case, Customer shall be free to prove to TW that the latter has suffered no or considerably less damage than the lump-sum being demanded by it.
4.5. Conclusion of a travel cancellation expenses insurance and an insurance for costs of returns in the event of accident or illness is urgently recommended.
4.6. TW reserves the right to demand specific reimbursement in lieu of the aforementioned lump-sums. In such a case, TW shall be obliged to prove the reimbursement demanded, taking the saved expenditure and all and any use of the travel services elsewhere into due account.
4.7. We make express reference to the fact that the participant's right of providing a replacement participant according to the statutory directives of § 651b German Civil Code is not affected by the above directives and accrues without limitation.
5.1. After conclusion of the contract, Customer shall have no claim to amendments with a view to the travel date, the destination, the place of the start of the journey, the accommodation or the means of transport (re-booking). If re-booking is possible and is nevertheless done by request of Customer, TW can charge a re-booking fee of € 30.- per person and amendment process up to the time of the first cancellation level stated in the costs of withdrawal.
5.2. Customer's wishes for re-booking made later can only be fulfilled, if at all possible, following withdrawal from the travel contract pursuant to sub-sections 4.2 to 4.5 at these terms and conditions and simultaneous re-registration. This shall not apply to wishes for re-booking only causing slight costs.
6. Services not claimed
If Customer does not make use of individual travel services offered to him properly for reasons to be ascribed to him (e.g. due to premature departure or for other cogent reasons), he shall have no claim to a pro rata reimbursement of the travel price. TW shall endeavour to reimburse the expenditure saved by the funding agencies. This obligation shall not apply if it is a question of completely inconsiderable services or if there are statutory or official directives contradicting a reimbursement.
7. Termination for conduct-induced reasons
7.1. TW can terminate the travel contract without notice if Customer, notwithstanding a caution by TW or the latter's local representative, permanently disturbs or behaves in breach of contract in such a way that immediate cancellation of the contract is justified.
7.2. Termination can in particular be considered if the participant breaches statutory provisions known to him (all told with a view to drugs, alcohol and driving of motor vehicles), rules of the language school, partner organisation or the local education institution or the accommodation providers.
7.3. The local representatives of TW, in particular the employees of the language schools, partner organisations and the accommodation providers, are authorised to declare cautions and to terminate the travel contract by attorney from TW.
7.4. TW shall further be entitled to termination of the contract without notice according to the following regulations:
7.5. In the event of a justified termination, TW's claim to the agreed overall price shall remain. However, TW shall reimburse the amount which TW itself saves in expenditure or is reimbursed to TW by local partners and payment agencies. In the event of termination, TW shall issue an audit-capable settlement for this. The right to objections against said settlement shall be reserved for the pupils and their statutory representatives.
8. Customer's duties
8.1. The obligation to notification of defects resulting from § 651 d sub-section 2 German Civil Code shall be specified as follows for journeys with TW:
8.2. Partner organisations, agencies and employees of payment agencies shall not be empowered and have not been authorised by TW to confirm defects or to acknowledge claims towards TW.
8.3. If a customer wishes to terminate the travel contract according to § 615 e German Civil Code due to a defect in travel of the nature stated in § 615 c German Civil Code or for good and sufficient reason apparent to TW because it is unreasonable, he shall grant TW a suitable period of grace for remedying. This shall not apply only if remedying is impossible or is rejected by TW or if immediate termination of the contract is justified by a specific interest apparent to TW.
8.4. Further duties and information for the traveller:
9. Limitation of liability
9.1. The contractual liability of TW for damage which is not physical damage shall be limited to three times the travel price
9.2. TW's liability from tort for property damage not based on malice aforethought or gross negligence shall be limited to three times the travel price. This maximum liability sum shall apply per customer and trip. Claims possibly exceeding this in connection with baggage pursuant to the Montreal Convention shall be unaffected by the limitation.
9.3. TW shall not be liable for disturbances of services, physical and property damage in connection with services merely arranged as outside services (e.g. excursions, sport events, visits to a theatre, exhibitions, transport services to and from the starting point and destination stated) if said services are expressly and unambiguously marked in the description of the trip and the booking confirmation stating the contract partner in question in such a way that they can be recognised by Customer as not being an integral part of the travel services rendered by TW. However, TW shall be liable
10. Exclusion of claims and barring by limitation
10.1. Claims on account of non-contractual rendering of the trip shall be made by Customer within one month of the contractual time of the ending of the trip. To comply with the period, the claim can only be made against TW under the address stated below. After the expiry of the period, Customer can only make claims if he has been prevented from complying with the period through no fault of his own. However, this shall not apply to the period for the notification of baggage damage, delays in the provision of baggage or loss of baggage in connection with flights. They shall be made within 7 days for loss of baggage and within 21 days of hand-over for delay of baggage.
10.2. Customer's claims pursuant to §§ 651c to 651f German Civil Code from injury to life, limb and health, including contractual claims for damages for pain and suffering to be put down to a negligent breach of duties by TW or a deliberate or negligent breach of duties by a legal representative or vicarious agent of TW, shall be barred by limitation after two years. This shall also apply to claims for reimbursement of other damages to be put down to a negligent breach of duties by TW or a deliberate or negligent breach of duties by a legal representative or vicarious agent of TW.
10.3. All remaining claims pursuant to §§ 651 c to f, German Civil Code, shall be barred after one year.
10.4. Barring by limitation pursuant to Sections 10.2 and 10.3 shall commence on the day following the one on which the trip was due to end according to the contractual agreements.
10.5. If negotiations between Customer and TW about the claim or the circumstances substantiating the claim are pending, limitation shall be inhibited until Customer or TW rejects continuation of the negotiations. Limitation shall occur no earlier than 3 months after the end of the inhibition.
11. Information on the identity of air travel companies performing
11.1. TW shall inform Customer in accordance with the EU Directive on notification of passengers about the identity of the airline(s) involved before or, at the latest, with the booking with a view to all the air transport services to be rendered within the framework of the booked trip.
11.2. If the airline(s) is/are not known at the time of the booking, TW shall be obliged to notify Customer of the airline(s) which will probably be used for the flight. As soon as TW knows the airline(s) in question, it shall notify Customer.
11.3. If the airline notified to Customer changes, TW shall notify Customer about the change without delay and as quickly as this is possible with suitable means.
11.4. The notification of the airline(s) in question within the framework of TW's duty to inform shall not substantiate a contractual claim to performance of the air transport with the airline(s) named to the extent that such a claim does not result from a contractual or statutory duty to perform on the part of TW. To the extent that this has been agreed contractually in an admissible way, TW shall expressly reserve the right to change to airline(s).
11.5. Customer's claims according to the Directive stated in sub-section (1), from other applicable EC Directives and other contractual or statutory rights shall remain unaffected by the aforementioned provisions and the notifications by TW concerning a change of the airline(s).
11.6. The "black list" produced according to the EC Directive (airlines banned from using the air space above the member states) can be seen on the TW Internet site and also on TW's business premises.
12. Passport, visa and health directives
12.1. TW shall notify nationals of a state of the European Communities in which the trip is offered about provisions of passport, visa and health directives before conclusion of the contract and about possible changes before the start of the trip. For members of other states, the responsible consulate shall give information. In this context, it is presupposed that there are no special features in the person of Customer and possible fellow-travellers (e.g. double nationality, statelessness).
12.2. Customer shall be responsible for procuring and carrying the necessary travel documents, any inoculations which may be necessary and for complying with customs and foreign currency directives. Detriments resulting from failure to comply with said directives, e.g. payment of withdrawal costs, shall be charged to Customer. This shall not apply if TW has not informed, informed insufficiently or incorrectly.
12.3. TW shall only be liable for punctual issuing and receipt of necessary visas by the diplomatic representation in question if Customer has commissioned TW with procurement if TW has culpably breached its own duties.
13. Selection of law, place of jurisdiction
13.1. The contractual relationship between Customer and TW shall exclusively be governed by German law. This shall also apply to the entire legal relationship.
13.2. Insofar as German law is not applied for plaints by Customer against TW abroad for liability of TW, German law shall be exclusively applicable with a view to the legal consequences, in particular with a view to the nature, scope and amount of Customer's claims.
13.3.Customer can only sue TW at the latter's registered office.
13.4. For plaints of TW against Customer, the latter's place of residence shall be decisive. For plaints against customers or contracting parties of the travel contract who are businessmen, public-law or private-law legal entities or persons with a place of residence or customary abode abroad or whose place of residence or customary abode is not known at the time of limitation of proceedings, TW's registered office shall be agreed as place of jurisdiction.
13.5. The aforementioned provisions shall not apply if and insofar as something to the contrary in favour of Customer results from provisions of international treaties applicable to the travel contract between Customer and TW which cannot be waived contractually or if and insofar as provisions which cannot be waived contractually in the member of state of the EU from which Customer comes are more favourable for Customer than the following provisions or the corresponding German provisions.
© These terms and conditions of travel have been protected by copyright; Attorney-at-Law Noll, Stuttgart, 2005-2010
The travel company is: TravelWorks,
Managing Directors: Tanja Kuntz, Torsten Pankok, Peter Churchus