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Operating under the internet address and registered trade mark "seyvillas.com", Fincallorca GmbH offers for sale package holidays in the Seychelles as a tour operator. The provisions to follow, insofar as they may be deemed to have been agreed upon, shall become part of the travel contract between the customer and the Fincallorca GmbH, hereinafter referred to as “Seyvillas”. They complement and supplement the terms of Sections 651a to m of the German Civil Code (Bürgerliches Gesetzbuch ‐ BGB) as well as the duties of tour operators to disclose information as set out in Sections 4 to 11 of German regulations under Civil Law on disclosure of information and notification (BGB-InfoV). For this reason, we request that you read the Terms and Conditions of travel to follow very carefully.
Please note: this translation of our travel regulations serves merely to assist you. The agreement is concluded solely on the basis of the German version.
1.1. By making a booking (or travel registration) the customer is making a legally binding offer to conclude a travel contract with Seyvillas. This offer is based exclusively on the travel tender and the additional information provided about the holiday by Seyvillas in the booking basis for the trip, insofar as such information has been provided to the customer at the time of booking.
1.2. Travel agencies and service providers (e.g. hotels, transport companies) are not authorised by Seyvillas to make any agreements or give any information or warranties that may differ from the content of the travel contract, exceed the travel tender, or rather the agreed services by Seyvillas or contradict the agreed travel tender or services.
1.3. Brochures (providing local information or details on hotels) and offers over the internet that have not been issued by Seyvillas shall not be binding to Seyvillas and shall not affect its duties unless such information has been expressly included by written agreement in the duties of performance of Seyvillas.
1.4. The booking may be made in writing by electronic means (by e-mail or telefax). Where a booking is made by electronic means, Seyvillas undertakes to confirm the arrival of the booking immediately by e-mail. This acknowledgement of receipt does not imply any acceptance of the booking.
1.5. The customer shall be responsible for ensuring the fulfilment of all contractual duties of fellow travellers on behalf of whom he or she has made the booking, insofar as he or she has assumed such responsibility explicitly in a separate declaration, as well as for his or her own duties.
1.6. The contract shall come into being as soon as the customer receives Seyvillas' written declaration of acceptance. No particular form of acceptance shall be necessary. A written confirmation of the customer's travel booking will be issued to the customer immediately upon the contract entering into force or shortly thereafter. If the booking has taken place less than 7 days before travel departure, Seyvillas shall not be obliged to issue such a confirmation.
1.7. In any case where the contents of Seyvillas' written confirmation of the customer’s booking should deviate from the contents of the booking, the confirmation shall be considered a new Seyvillas offer. A contract on the basis of this new offer shall come into being if the customer accepts it, whether he or she does so by explicit declaration, by paying either the deposit or full cost, or by using the travel services offered in the contract.
1.8. Seyvillas points out that in accordance with legal provisions (Sect 312g, para. 2, clause 1, no. 9 German Civil Code (BGB, Bundesgesetzbuch)) regarding agreements on travel services pursuant to Sect. 651a BGB (general travel agreements and agreements where Section 651a et seqq. can be applied analogously), those concluded via distance selling (letters, catalogues, telephone calls, faxes, emails, text messages and telemedia) include no right of withdrawal, but rather only the legally stipulated rights of withdrawal and cancellation, in particular the right of withdrawal stipulated in Sect. 651i BGB. A right of withdrawal does exist, however, if the agreement on travel services in accordance with Sect. 651a was concluded outside of business premises, unless the spoken negotiations upon which the agreement conclusion is based were initiated by a preceding order by the consumer; in the case of the latter, a right to withdrawal also does not exist.
2.1. After completion of contract and issuance of the certificate of trustworthiness as required by Section 651k of the German Civil Code (BGB), a deposit amounting to 30% of the total travel costs must be paid. As the provision of flights and car-rental services do not form part of Seyvillas’ travel service the full and complete cost of flights and car-rental must also be paid at the same time as the deposit. The same shall apply to travel cancellation insurance costs. The balance shall become due 5 weeks before departure on condition than the certificate of trustworthiness has been issued by that time. Either bank transfer or credit card payments (subject to a fee) will be accepted as means of payment.
2.2. In case of the customer failing to pay the deposit and/or the final payment by the agreed payment dates, although Seyvillas may willing and able to satisfactorily deliver the contracted services and the customer shall have no legal or contractual right of retention, Seyvillas shall be entitled to withdraw from the contract after issuing written notices detailing new time limits and to charge the travel cancellation fees detailed in Section 5 to the customer.
3.1. After conclusion of the contract, modifications that may need to be made to the significant travel services as stated in it and that have not been required by bad faith on the part of Seyvillas shall only be permitted if the changes are not substantial and the overall design of the trip is not affected.
3.2. Any possible warranty claims shall be unaffected in any case where the modified services have become deficient.
3.3. Seyvillas undertakes to inform the customer of the grounds for any such substantial modifications in services, as well as of the modifications themselves, immediately upon becoming aware of them.
3.4. In case of a substantial modification being made to a travel service, the customer shall be entitled to withdraw from the contract without any charge or to demand its replacement by a package of at least equal value if Seyvillas is in a position to offer such a trip to the customer at no extra charge. The customer must exercise such rights against Seyvillas immediately upon receiving notice from the latter of the change.
4.1. Seyvillas reserves the right to increase the price agreed in the contract in the case of increases in transport costs or in such charges as harbour or airport fees or where exchange rates have affected the destination in accordance with the following terms:
4.2. Any increase of travel costs shall only be permissible on condition that there is a period of more than 4 months between conclusion of the contract and departure and that the circumstances leading to the increase were not present and could not have been foreseen by Seyvillas at the time of concluding the contract.
4.3. In case of any increase of transport costs originally agreed upon in the contract, especially in relation to fuel costs, Seyvillas may increase the travel price in accordance with the following calculations:
4.4. In case of an increase in expenses incurred by Seyvillas at the time of conclusion of the contract such as harbour or airport fees, the price of the trip may be raised in proportion to the amount of that increase.
4.5. In case of any change in foreign exchange rates, the travel price may be raised to the extent to which the journey has become more expensive for Seyvillas.
4.6. In case of any post-contract modification to the travel price, Seyvillas agrees to inform the customer immediately of the reasons for the change. Price increases shall only be permitted if they have been received by the customer at least 21 day before departure. In case of any increase of more than 5% the customer shall be entitled to withdraw from the contract without incurring any charge or to demand its replacement by a package of at least equal value if Seyvillas is in a position to offer such a trip to the customer at no extra charge. The customer must exercise such rights against Seyvillas immediately upon receiving notice from the Seyvillas of the price increase.
5.1. The customer may withdraw from the contracted holiday at any time before departure. This withdrawal must be explained to Seyvillas at the address listed above/below. Where the holiday has been booked via a travel agent, the grounds for cancellation may also be explained to the latter. It is recommended that the customer make his or her withdrawal in writing.
5.2. In case of cancellation of the holiday prior to departure, Seyvillas shall lose any right to claim travel costs. Seyvillas may instead claim reasonable compensation from the customer for the costs arising from the travel and preparation services delivered until the point of cancellation, depending on the total travel costs insofar as the cancellation has not been caused by Seyvillas or by force majeure.
5.3. When calculating compensation, Seyvillas has taken into account expenditures ordinarily saved and other uses ordinarily made of travel services. The amount of compensation is calculated at the time of cancellation by the customer as follows:
5.4. The customer shall have the right in any case to prove to Seyvillas that no or considerably less damage was suffered than the standard amount claimed.
5.5. Seyvillas reserves the right to claim a higher, specific amount of compensation in place of the fees noted above, provided that Seyvillas can prove that it has incurred substantially more costs than the amount applicable as standard. In such cases, Seyvillas shall be obliged to prove their claim to compensation, taking into account expenditures saved and any alternative uses of the travel services, giving concrete amounts and proofs.
5.6. The customer's right according to Section 651 b of the German Civil Code to provide a replacement traveller shall be unaffected by the above-mentioned conditions.
5.7. Seyvillas strongly recommends that customers take out travel cancellation insurance, as well as insurance to cover repatriation in case of accident or illness.
6.1. The customer shall not be entitled to change ("rebook") the travelling dates, destinations, place of departure, accommodation, catering options, the means of transportation, or any other services after the contract has been concluded. If the customer should wish to change the booking regardless, Seyvillas shall be entitled to claim a rebooking fee from the customer for each traveller affected by the rebooking where the time restrictions listed below are respected. Insofar as no individual agreements have been made prior to the rebooking being agreed, the fee for any change of booking up to the beginning of the second period in the cancellation schedule for the relevant journey type as listed in Section 5 shall be €50 per traveller affected by the rebooking.
6.2. In cases where the customer wishes to change the booking after the expiry of the time limits and where such changes are at all possible, they can only be carried out after the cancellation of the travel contract under the conditions described in Points 5.2 to 5.5, accompanied by a simultaneous new registration. This term shall not apply if the change the booking involves only minor costs.
7.1. Where the traveller does not use any particular contracted travel services on grounds that can be attributed to him or her (e.g. due to an early return from the holiday or for some other compelling reason) the customer shall not be entitled to any partial refund of the travel price. However, Seyvillas shall make every effort to ensure the refund of any expenses saved by the service provider. This obligation shall not be applicable if the services in question are not substantial or if a refund would contravene legal or administrative regulations.
8.1. Seyvillas reserves the right to cancel the travel contract immediately and without notice if the customer is consistently disruptive despite being warned not to behave is such a manner by Seyvillas or if the customer is guilty of conduct in breach of contract to such an extent that the immediate termination of the contract is justified.
8.2. If Seyvillas should terminate the contract it shall have the right to retain the full travel price, though it must provide compensation for any expenditure saved and for the benefits arising from alternative use of the unused services, including any money refunded by other service carriers.
9.1. The duties to report deficiencies arising from Section 651d Para. 2 of German Civil Code (BGB) concerning deficiencies are specified as follows for Seyvillas:
9.2. Neither tour guides, travel agents nor the employees of service providers shall be authorised or empowered by Seyvillas to acknowledge any deficiencies or to recognise any claims against Seyvillas.
9.3. In cases where a holiday is severely affected by a deficiency, the customer/traveller shall be entitled to withdraw from the contract. The same shall apply if, on grounds that Seyvillas may consider reasonable, the traveller cannot reasonably be expected to travel due to such a deficiency. Such a cancellation shall be valid only if the Seyvillas representative (travel guide or agent) mentioned in the contract has not acted and resolved the problem within a reasonable time limit set by the customer/traveller. It shall not be necessary to set such a time limit where the deficiency cannot be corrected or where Seyvillas or its representative has refused to make such a correction, or immediate termination of the contract is justified by a particular interest of the traveller.
9.4. In cases of lost, damaged or delayed luggage, damage or delayed delivery must be reported immediately and on the spot to the relevant airline using the official lost luggage report. Airlines may refuse compensation if no lost luggage report has been made. In case of damage to luggage, the report must be made within 7 days and in case of delayed luggage within 21 days of delivery. Any such loss, damage or misdirection of luggage must also be reported to the tour guide or the designated local representative of Seyvillas (as per section 9.1.2 and 9.1.3).
9.5. The customer is required to inform Seyvillas if they do not receive their travel documents (e.g. plane ticket, hotel voucher), or receive only partial travel documents, within the time period communicated to the customer by Seyvillas.
10.1. The contractual liability of Seyvillas for any damages, with the exception of damages to life, bodily harm, or damages to health is limited to three times the amount of the travel price
Any potential claims which may arise in accordance with the Montreal Convention or the Air Traffic Act (Luftkehrgesetz) remain unaffected by these limitations.
10.2. Seyvillas does not accept liability for disruptions in service, personal and material damages relating to services rendered by service providers that the former has merely facilitated (e.g. day trips, sport events, visits to the theatre, exhibitions, transportation services to and from a designated start point and final destination) where such services have been clearly indicated in the holiday description and the travel confirmation to be third-party services and where the service provider is named and contacts details are provided, with the result that it is clear to the customer/traveller that such services are not included in the travel services provided by Seyvillas.
10.3. However, Seyvillas shall be liable
11.1. Claims pursuant to Sections 651c to f German Civil Code (BGB) must be submitted by the customer/traveller within a term of one month following the end of the trip as stated in the agreement. The term starts on the day following the day stated in the agreement as the final trip day. If the final day of the term falls on a Sunday, on a public holiday in the country in question or on a Saturday, the final day shall be deemed to be the next working day.
11.2. Claims may only be made against Seyvillas within the set term, and to the address indicated below. Claims may not be made within the set term to other service providers, especially accommodation companies. It is strongly recommended to make a written claim. After the term has expired claims may only be admitted if the customer has been preventing from reporting within the term through no fault of his/her own. This term shall also apply to reports of damage to or delayed delivery of luggage in relation to flights as per 9.4 where such claims are being made in accordance with Sections 651c Para 3, 651d, 651e Paras 3 and 4 of the BGB. In cases of damage to luggage, any claim for compensation due to damage to luggage must be made within 7 days and any claim due to delayed luggage within 21 days of delivery.
11.3. SeyVillas indicates that, regarding the law on consumer dispute resolution settlements, SeyVillas will not take part in a voluntary consumer dispute settlement. If a consumer dispute should arise against SeyVillas after printing of these terms of travel, SeyVillas will inform the consumer of this term in appropriate format. SeyVillas refers all consumers who have taken out an electronic travel contract to the European Online Dispute Resolution Centre platform, http://ec.europa.eu/consumers/odr/
12.1. Claims made by the customer/traveller pursuant to Sections 651c to f of German Civil Code for damage to life, limb or health based upon a deliberate or grossly negligent breach of duty by the Seyvillas or one of Seyvillas' lawfully assigned representatives or service providers shall lapse after 2 years. This shall also apply to any other compensation claims for damages based on a deliberate or negligent breach of duty by Seyvillas or one of Seyvillas' lawfully assigned representatives or service providers.
12.2. Any other claims shall lapse after one year in accordance to Sections 651c to f of the German Civil Code.
12.3. The periods of limitation referred to in Points 12.1 and 12.2 shall start on the date upon which the journey ends according to the contract. If the last day of this period of limitation is a Sunday, a bank holiday or a generally recognised holiday, or a Saturday, the next business day shall be regarded as the last day.
12.4. If negotiations should be ongoing between the customer/traveller and Seyvillas in relation to the claim or the circumstances surrounding the claim, then the period of limitation shall be frozen until such a time as the customer or tour operator declines to continue with such negotiations. The period of limitation shall end at the earliest three months after the end of such a delay.
13.1. In accordance with EU regulations concerning information to passengers, Seyvillas shall inform the customer of the identity of the airlines carrying out all flight transportation services booked on the particular trip either before or at the latest at the time of booking.
13.2. In cases where the airline to carry out the service has not yet been identified at the time of booking, Seyvillas shall inform the customer of the name of the airline or airlines most likely carry out the flight. Seyvillas shall inform the customer as soon as it has ascertained the identity of the company.
13.3. Where the airline to perform the service changes, Seyvillas shall immediately inform the customer of the change using the most appropriate channels.
13.4. The "black list" compiled pursuant to EU regulations (listing airlines that are not permitted to enter the air space of EU Member States) can be accessed directly at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm. It can also be viewed at the Seyvillas office.
14.1. Seyvillas shall inform citizens of any state belonging to the European Union in which the travel services are offered of regulations in relation to passport, visa and health issues before concluding the contract and of any changes that may be made to such regulations before departure. For citizens of other states, this information may be obtained at the relevant consulate. However, it shall be assumed that no special conditions obtain in relation to the traveller and any fellow travellers (such as dual citizenship or statelessness).
14.2. The customer shall be responsible for procuring and keeping in their possession all required travel documentation, for carrying out all required vaccinations and for obeying customs or foreign currency regulations. Any difficulties that may result from failure to respect such regulations ‐ e.g. the payment of cancellation fees ‐ shall be chargeable to the customer. This provision shall not apply if Seyvillas has not informed the customer or has done so inadequately.
14.3. Seyvillas does not accept liability for the timely issue and provision of any required visas from the relevant diplomatic bodies if the customer has entrusted Seyvillas with their acquisition, except in the case that Seyvillas has culpably failed to perform its duties.
15.1. Seyvillas' travel services generally exclude flight transfer services and rental car services. Seyvillas does not offer flight or rental car services under its own responsibility nor as part of the package trips it offers and undertakes.
15.2. Flights and rental cars are only booked by Seyvillas. The booking agreement on air transport or rental car leasing is made solely between the customer and the airline or other flight provider as contractual air carrier/rental car provider.
15.3. Seyvillas therefore is not liable for the contractual partner's prices and services, nor the service it provides. For air transport this applies in particular to cancellations, non-carriage, flight delays or delays, damage or loss of baggage.
15.4. The aforementioned stipulations do not apply if Seyvillas gives the impression of rendering contracted services on its own responsibility pursuant to Sect. 651a para. 2 German Civil Code (BGB) and the associated case law regarding the flight or rental car services offered to the customer/booked by the customer.
15.5. Seyvillas' position as an agent for flights/rental cars obliges it in particular to:
15.6. Seyvillas' liability from the agent agreement through to the arranging of flight or rental car services are unaffected by the aforementioned stipulations. Seyvillas' obligation as a travel agent with regards to information obligations pursuant to EC regulation no. 2111/2005 of the European Parliament and Council on the obligation of travel operators and agents to provide information about the identity of the booked airline also remain unaffected.
16.1. Customers/travellers who are not citizens of an EU member state or of Switzerland are advised that the entire legal and contractual relationship between the customer/traveller and Seyvillas shall exclusively be governed by the laws of Germany. Customers/travellers who fall under this category may only bring legal action against Seyvillas within this jurisdiction.
16.2. In relation to any litigation taken by Seyvillas against the customer, or customers or contract partners of the tour operator that are businesses, legal persons under public or private law, or that are registered or principally reside abroad or whose official address is not known at the time of initiating proceedings, the place of jurisdiction shall be the domicile of Seyvillas.
© Copyright: Noll & Hütten Rechtsanwälte, Stuttgart | München 2009-2016
The tour operator is:
Commercial register: HRB 41090, Bielefeld District Court
Place of business: Werner-Bock-Str. 40, 33602 Bielefeld, Germany
CEO: Ralf zur Linde, Julian Grupp, Elvira Touati
Fax: +49(0)521-44818619 (international)
e-mail: email@example.com | firstname.lastname@example.org
We have always endeavoured to deal out of court in an accommodating manner with any complaints that reach us due to their not being capable of resolution locally.
Unfortunately, court disputes sometimes cannot be avoided. In relation to such matters we would like to give you the following information, explicitly noting that it does not form of any legally binding agreement, but simply explains the current legal situation as it stands, solely for your information:
According to Article 22 of EU Regulation No. 44/2001 of the Council of the European Union on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the current legal situation in relation to any actions taken against or by us or the proprietor against you is that the court of the country hosting your holiday shall have exclusive jurisdiction. This implies that in general no action can taken through the German courts.
The application of the Regulation cited above and the consequent absence of jurisdiction of any German court seized will be tested by the court seized by you. This court will decline any action due to lack of jurisdiction insofar as the case involves rights listed in the Regulation cited above.