Terms and Conditions
The following travel conditions apply to package travel contracts to which the provisions of §§ 651 a ff BGB (German Civil Code) on the travel contract apply directly. The provisions, insofar as effectively agreed, become the content of the package travel contract concluded between the customer and the tour operator. They supplement and fill out the statutory provisions of §§ 651 a to y, BGB and Articles 250 and 252 EGBGB (as of 30.04.2021)
1. Registration and confirmation
1. Registration and confirmation
With the travel registration (booking), the traveller offers the tour operator EAST OF WALLACE TOURS the binding conclusion of a travel contract. The booking can be made verbally, in writing, by telephone, fax or electronically (e-mail, internet). In the case of electronic booking, EAST OF WALLACE TOURS will confirm receipt of the booking electronically; this confirmation of receipt does not constitute acceptance of the booking.
The traveller is responsible for all contractual obligations of fellow travellers for whom he/she makes the booking, as for his/her own obligations, insofar as he/she has assumed this obligation by express and separate declaration.
The travel contract comes into effect with the travel confirmation from EAST OF WALLACE TOURS, which does not require any particular form. EAST OF WALLACE TOURS will send the traveller a travel confirmation in accordance with the legal requirements on a durable data carrier, unless the traveller is entitled to a travel confirmation in paper form in accordance with Art. 250 § 6 Para. 1 Sentence 2 EGBGB (Introductory Law to the German Civil Code), because the conclusion of the contract took place in the simultaneous physical presence of both parties outside business premises.
If the travel confirmation deviates from the content of the booking, this constitutes a new offer by EAST OF WALLACE TOURS, which will inform the traveller of the deviation. EAST OF WALLACE TOURS remains bound to the changed offer for 10 days. The contract will be concluded on the basis of this new offer if the customer declares acceptance to EAST OF WALLACE TOURS within the binding period, either expressly or by implication, such as by down payment or final payment.
In deviation from the above sentences, the following applies in the case of individual offers that deviate from the invitation to tender: At the request of the customer, EAST OF WALLACE TOURS will prepare an individual, customised travel offer for the customer. EAST OF WALLACE TOURS is bound to this offer for 10 days. The contract is concluded on the basis of this offer if the customer declares acceptance within the binding period, either expressly or impliedly, e.g. by down payment or final payment.
The pre-contractual information obligations given by EAST OF WALLACE TOURS concerning essential characteristics of the travel services, the travel price and all additional costs, the payment modalities and the cancellation fees (in accordance with Art. 250 § 3 No. 1,3 to 5 and 7 EGBGB) shall only not become part of the travel contract if this is expressly agreed between the parties.
It is pointed out that for all above-mentioned booking types, there is no right of withdrawal after conclusion of the contract in the case of package travel contracts concluded at a distance due to the statutory provision of § 312 g para. 2 sentence 1 no. 9 BGB. Cancellation and termination of the contract, on the other hand, is possible taking into account the provision in clause 6.
2. Description of services, reservation of right to change before conclusion of the contract, content of the travel contract
The travel contract is determined by the information in the travel advertisement of EAST OF WALLACE TOURS or corresponding individual agreements. Videos published by EAST OF WALLACE TOURS are not part of the travel description, but only serve to provide the customer with general information about the country and its people.
Local and hotel brochures as well as internet descriptions not published by EAST OF WALLACE TOURS are not binding for EAST OF WALLACE TOURS and the content of its service obligation.
Travel agents (travel agencies) and service providers such as hotels, transport companies are not authorised to make agreements or other commitments on behalf of EAST OF WALLACE TOURS that deviate from the travel confirmation or do not correspond to the content of the travel confirmation.
All subsidiary agreements and special requests should be included in the travel confirmation in order to be binding for EAST OF WALLACE TOURS.
3. Changes to services after conclusion of the contract
Changes to essential features of travel services from the agreed content of the travel contract which become necessary after conclusion of the contract and were not brought about by EAST OF WALLACE TOURS contrary to good faith are only permitted insofar as the changes are not significant and do not affect the overall nature of the trip. Any warranty claims for defects of the changed services remain unaffected.
EAST OF WALLACE TOURS undertakes to notify the traveller in a clear and comprehensible manner of any significant changes to services immediately after becoming aware of the reason for the change on a durable data medium and to state the reason for the change.
In the event of a significant change to an essential characteristic of the booked trip, the traveller is entitled, within a period set by EAST OF WALLACE TOURS at the same time as notification of the change, either to accept the change or to withdraw from the travel contract free of charge or to demand participation in a trip of at least equivalent value, if EAST OF WALLACE TOURS is able to offer such a trip for the traveller from its range. The traveller has the choice to respond to the notice or not. If the traveller does not respond to EAST OF WALLACE TOURS or does not respond within the statutory period, the notified change will be deemed accepted. The traveller must be informed of this in a clear and comprehensible manner in connection with the notification of change.
EAST OF WALLACE TOURS reserves the right to change the itinerary due to road and weather conditions.
4. Price change after conclusion of the contract
If the transport costs, in particular the fuel costs, increase, EAST OF WALLACE TOURS can demand the increase amount from the traveller in the case of an increase related to the seat, in other cases the pro rata increase amount attributable to the individual seat of the respective means of transport.
If existing taxes, such as port or airport charges, increase at the time of conclusion of the travel contract, the tour price may be increased proportionately.
If the exchange rate for the booked trip changes after the conclusion of the travel contract, EAST OF WALLACE TOURS can pass on the resulting increase to the travel price. In this case, EAST OF WALLACE TOURS must inform the traveller of the price increase and its reasons, as well as the calculation of the price increase, in a clearly understandable and highlighted manner on a permanent data carrier immediately after becoming aware of the reason for the increase. The notified price change shall be deemed accepted if the traveller does not respond or does not respond within the set period. The tour operator undertakes to pass on travel price reductions resulting from the aforementioned costs to the traveller in accordance with Section 651 f (4) of the German Civil Code (BGB) at the traveller’s request. The traveller may demand such a price reduction in particular if and insofar as the above-mentioned costs, which may also lead to a price increase, have changed after conclusion of the contract and before the start of the tour and this has resulted in lower costs for the tour operator. This is only possible on the part of the traveller until the time of departure. In this case, EAST OF WALLACE TOURS is entitled to deduct the administrative expenses actually incurred from the additional amount to be refunded.
In the event of a subsequent change in the price of the holiday, EAST OF WALLACE TOURS must inform the traveller immediately and explain the reason for the price increase. This notification of change must be received by the traveller by the 21st day before the date of departure. In the event of price increases of more than 8% of the travel price, the traveller is entitled to the rights stated above in section 3 – paragraph 3.
5. Payment
EAST OF WALLACE TOURS may only demand or accept payment of the tour price before the end of the tour if an effective customer money protection contract exists and the traveller has been given the protection certificate with the name and contact details of the customer money protection company in a clear and comprehensible manner within the meaning of Section 651r (4) of the German Civil Code (BGB) and Article 252 of the Introductory Act to the German Civil Code (EGBGB). After conclusion of the contract, a deposit of 30% of the tour price is due against handing over of the security certificate. The remaining payment shall be made up to 30 days before the start of the tour, insofar as the chattel paper has been handed over and the tour operator’s right of withdrawal can no longer be exercised for the reason stated in clause 11.
Payments with debt-discharging effect can only be made to EAST OF WALLACE TOURS.
The travel documents will only be sent after full payment of the travel price, whereby receipt of payment by EAST OF WALLACE TOURS is decisive. If the customer does not pay the deposit and/or the balance according to the agreed payment terms, EAST OF WALLACE TOURS is entitled to withdraw from the travel contract after sending a reminder with a deadline and to charge the customer with withdrawal costs according to clause 6.
6. Cancellation by the traveller before the start of the trip/cancellation costs
The traveller may withdraw from the tour at any time before the start of the tour. The withdrawal must be declared directly to EAST OF WALLACE TOURS. It is recommended that the declaration of withdrawal is made on a durable data carrier. It becomes effective upon receipt by EAST OF WALLACE TOURS.
If the traveller withdraws before the start of the trip or does not commence the trip, EAST OF WALLACE TOURS will lose the right to payment of the price of the trip, but EAST OF WALLACE TOURS may instead demand reasonable compensation insofar as it is not responsible for the withdrawal or exceptional circumstances arise at the destination or in its immediate vicinity which significantly affect the performance of the trip or the carriage of persons to the destination. The amount of compensation is determined according to the price of the trip after deduction of saved expenses and what EAST OF WALLACE TOURS acquires through other use of the travel services. EAST OF WALLACE TOURS has set the following compensation rates taking into account the period between the cancellation notice and the start of the trip, as well as the expected saving of expenses and the expected acquisition through other use of the travel services. EAST OF WALLACE TOURS calculates the compensation as a lump sum according to the time of receipt of the cancellation notice as follows:
a) Up to and including 46 days before departure, 30%,
b) From the 45th to the 31st day before departure, 50%,
c) From the 30th to the 16th day before departure 60%,
d) from the 15th to the 8th day before departure 70%,
e) from the 7th day before departure 80%,
f) On the day of departure or in the event of no-show: 90% of the total tour price of the withdrawn participant.
This information applies to our tours (without flight arrangements) from/to the place of the start/end of the tour. The date of receipt of the declaration of withdrawal shall be the cut-off date for calculating the deadline. In the event of a declaration of cancellation by the traveller, a refund of arranged and bindingly booked ferry or flight tickets or similar by EAST OF WALLACE TOURS is excluded in any case. It is recommended to take out travel cancellation insurance.
In any case, the traveller is at liberty to prove to EAST OF WALLACE TOURS that no damage at all has occurred or that the damage is considerably less than the requested cancellation fee.
EAST OF WALLACE TOURS reserves the right to claim a higher, individually calculated compensation in the amount of the specific damage instead of the above flat-rate cancellation costs, insofar as EAST OF WALLACE TOURS proves that it has incurred significantly higher expenses than the applicable flat-rate compensation. In this case, EAST OF WALLACE TOURS is obliged to explain and prove to the traveller in detail the compensation claimed, taking into account the expenses saved and less what it acquires through other use of the travel services.
EAST OF WALLACE TOURS is obliged to reimburse the travel price as a result of a cancellation immediately, but in any case within 14 days of receipt of the cancellation notice.
7. Rebookings
After conclusion of the contract, the traveller has no right to change the date of travel, the destination, the place of departure, the accommodation or the mode of transport. As EAST OF WALLACE TOURS usually incurs the same costs at the time of rebooking as in the case of cancellation, EAST OF WALLACE TOURS may charge the same amount of costs. In case of other rebooking requests that only cause minor costs, EAST OF WALLACE TOURS is entitled to charge a rebooking fee of Euro 35 € per person. This does not apply if the rebooking is necessary because EAST OF WALLACE TOURS has provided no, insufficient or incorrect pre-contractual information to the traveller in accordance with Art. 250 § 3 EGBGB, in which case the rebooking is possible free of charge. The traveller is strongly advised to take out travel cancellation insurance.
8. Substitute participant
The traveller may, within a reasonable period of time before the start of the tour, request on a durable data medium that a third party take his/her place in the rights and obligations arising from the travel contract, provided that this third party meets any special travel requirements or his/her participation does not conflict with statutory regulations or official orders. The declaration is in any case on time if it is received by the tour operator no later than seven days before the start of the tour. The processing fee is € 35 per person and rebooking. If a third party enters into the contract, the withdrawing traveller and the substitute participant are jointly and severally liable to EAST OF WALLACE TOURS for the tour price and for the additional costs arising from the entry of the third party. EAST OF WALLACE TOURS is obliged to provide the participant with proof of the amount of costs incurred by the entry of the substitute participant. Flight services are excluded from this. Costs in this respect can neither be credited nor refunded. 9.
9. Services not used
If the traveller does not make use of individual travel services, which were duly offered to him/her, in whole or in part for reasons for which he/she is responsible (e.g. because of an early return journey or for other reasons), he/she has no right to a proportional refund of the travel price. EAST OF WALLACE TOURS will endeavour to obtain reimbursement of the expenses saved by the service providers. This obligation does not apply if the services are completely insignificant or if a refund is opposed by legal or official regulations.
10. Cancellation due to failure to reach the minimum number of participants
EAST OF WALLACE TOURS can withdraw from the travel contract because the minimum number of participants has not been reached, if
a) the minimum number of participants and the time by which the customer must have received the declaration before the contractually agreed start of the tour are stated in the respective tour description and
b) the minimum number of participants and the latest cancellation deadline are clearly stated in the travel confirmation and reference is made to the corresponding information in the travel brochure.
If the minimum number of participants per tour is not reached, EAST OF WALLACE TOURS can ensure that the tour is carried out with a smaller number of participants at an additional cost if EAST OF WALLACE TOURS and the traveller reach a contractual agreement on this. Alternatively, EAST OF WALLACE TOURS reserves the right to withdraw from the contract no later than 35 days before the agreed date of departure.
In the event of withdrawal, the traveller will immediately be reimbursed for any payments already made on the tour price. Further claims are excluded.
11. Termination for reasons of conduct
EAST OF WALLACE TOURS may terminate the travel contract without notice if the traveller is persistently disruptive despite a warning or if he/she behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified.
In the event of termination for these reasons, EAST OF WALLACE TOURS retains the claim to the travel price, but must take into account the value of the saved expenses as well as those advantages which are gained from an alternative use of the service not used, including the amounts credited by the service providers.
12. Notice of defects, duty of the traveller to cooperate
If the agreed travel services are not provided in accordance with the contract, the traveller may demand redress. The traveller is obliged to cooperate within the framework of the statutory provisions in order to avoid or minimise any damage in the event of service disruptions.
The traveller may demand a corresponding reduction of the tour price for the duration of the non-contractual provision of the travel service.
The traveller is obliged to immediately notify the tour guide, EAST OF WALLACE TOURS or the travel agent of any defects in travel services. If a travel service has not been agreed or if the travel service is not available, the deficiency must be reported to the local agency or EAST OF WALLACE TOURS in Frankfurt using the communication data specified in the invitation to tender and the travel confirmation.
If the notification is culpably omitted, a reduction of the travel price does not occur.
The tour guide and the local agency are instructed to take remedial action. However, they are not authorised to recognise claims of the traveller. EAST OF WALLACE TOURS can also provide a remedy by offering a substitute service of at least equal value.
EAST OF WALLACE TOURS can refuse the remedy if it requires a disproportionate effort.
13. Cancellation of the Travel Contract due to Travel Defect
The traveller may terminate the travel contract if there is a defect which significantly impairs the trip or if the traveller cannot reasonably be expected to continue the trip due to such a defect for an important reason recognisable to EAST OF WALLACE TOURS. Termination is only permissible if EAST OF WALLACE TOURS has allowed a reasonable period of time set by the traveller to remedy the situation to elapse. There is no need to set a deadline if the remedy is impossible or refused by EAST OF WALLACE TOURS or if the immediate termination is justified by a special interest of the traveler. Without prejudice to reduction or termination, the traveller may claim damages for non-performance, unless the defect in the tour is due to a circumstance for which EAST OF WALLACE TOURS is not responsible. In the event of theft or robbery, a report must be made immediately to the nearest police station and confirmation requested. If the traveller fails to comply with these obligations, any claims will be forfeited.
14. Air Travel
The stated latest permissible time for check-in at the airline counter must be observed without fail, as otherwise the entitlement to transport services shall lapse. The offered trips always start from the airport/location advertised in the trip. EAST OF WALLACE TOURS can arrange suitable domestic Indonesian feeder flights. These are expressly not part of the travel service. EAST OF WALLACE TOURS is not liable for any delays or cancellations and the consequences thereof. The choice of train connection or a self-selected flight journey is the responsibility of the traveller, who is responsible for arriving at the airport on time. With regard to possible train and flight delays, it is recommended to choose a connection that ensures that the traveller arrives at the departure desk at least four hours before departure. EAST OF WALLACE TOURS is not liable for train and flight delays and the consequences thereof.
15. Limitation of liability
The contractual liability of EAST OF WALLACE TOURS for travel contract claims due to damages which are not bodily injuries and were not culpably caused is limited to three times the travel price of the respective traveller. Possible further claims according to international agreements or legal regulations based on such agreements remain unaffected by the limitation.
EAST OF WALLACE TOURS is not liable for disruptions to performance, personal injury and material damage in connection with services which are merely arranged as external services, insofar as these external services are expressly named as such in the travel description. Sections 651 b, 651 c, 651 w and 651 y BGB remain unaffected by this. However, EAST OF WALLACE TOURS is liable if and to the extent that the damage to the traveller was caused by EAST OF WALLACE TOURS’s breach of its duties to inform, explain or organise.
16. Assertion of claims and information about consumer dispute resolution
Claims according to § 651 i Para. 3 No. 2 to 7 of the German Civil Code (BGB) must be asserted by the traveller against EAST OF WALLACE TOURS. It is recommended that the claim be made on a permanent data carrier.
The passenger is advised that loss, damage and delay of luggage in connection with air travel must be reported by the passenger to the responsible airline immediately on site by means of a notice of claim (P.I.R.) in accordance with the provisions of aviation law. Airlines may refuse reimbursement on the basis of international agreements if the claim notification has not been completed. These must be reported to the operating airline within 7 days in the case of baggage damage and within 21 days in the case of baggage delay. In all other cases, the loss, damage or misrouting of luggage must be reported to the tour guide or the local representative of the tour operator. This does not release the passenger from the obligation to report the damage to the airline within the aforementioned deadlines.
With regard to the Consumer Dispute Resolution Act, EAST OF WALLACE TOURS points out that EAST OF WALLACE TOURS does not participate in any voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for the tour operator after the printing of these travel conditions, EAST OF WALLACE TOURS will inform the traveller of this in an appropriate manner. EAST OF WALLACE TOURS refers to the European online dispute resolution platform ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.
17. Limitation
Contractual claims become statute-barred after two years in accordance with § 651 j BGB. The limitation period begins on the day on which the journey should end according to the contract.
18. Details of the operating air carrier
In accordance with EU regulation, EAST OF WALLACE TOURS will inform the traveller of the operating airline of all air transport services to be provided within the framework of the booked trip when the booking is made. If this is not yet known at the time of booking, EAST OF WALLACE TOURS will provide the traveller with the expected airline and inform the traveller as soon as the identity is known. If the airline named to the traveller changes, EAST OF WALLACE TOURS will immediately take all reasonable steps to ensure that the traveller is informed of the change as soon as possible. The list of airlines banned from EU operations is available on the following site: air-ban.europa.eu. It can always happen that airlines change at short notice at the airport. In this case, the traveller is obliged to take remedial action himself.
19. Passport, Visa and Health Regulations
EAST OF WALLACE TOURS informs the traveller about general passport, visa and health regulations including the approximate deadlines for obtaining any necessary visas prior to the conclusion of the contract as well as any changes to these before the start of the trip. We kindly ask you to contact us if necessary or to enquire at the respective consulate. The traveller is responsible for complying with these regulations. Any disadvantages arising from non-compliance with these regulations will be borne by the traveller. This does not apply if EAST OF WALLACE TOURS has provided no, insufficient or incorrect information.
EAST OF WALLACE TOURS shall not be liable for the timely issue and receipt of any necessary visas by the relevant diplomatic representation, even if the Traveller has instructed EAST OF WALLACE TOURS to obtain them, unless EAST OF WALLACE TOURS has culpably breached its own obligations.
20. Insurance
EAST OF WALLACE TOURS recommends that the traveller takes out travel cancellation, travel interruption, luggage, travel accident, travel health and travel liability insurance.
21. Data protection
All personal data provided to EAST OF WALLACE TOURS is protected against misuse in accordance with the law. The personal data provided to us by the customer (also online) are electronically recorded, stored and processed, also by means of automated procedures. Personal data is data that can be used to find out the identity of the customer, such as name, address, date of birth, telephone number, e-mail or IP address. Personal data are only collected and recorded by us if they are related to the booking and are necessary to ensure the processing and payment of the booking without disruption. The collection and processing of the data transmitted by the customer takes place in compliance with the German Data Protection Regulation (DSGVO). Upon request, the customer can receive information free of charge about the data stored about him and, if necessary, assert his right to correction, deletion, blocking, complaint, transferability, as well as objection and information about the duration of the storage of the data. Should a deletion be requested, it must be noted that this may possibly be opposed by legal regulations or billing/accounting purposes. The request should be sent to: info(at)eastofwallace(dot)com. A complaint can be lodged with the competent data protection authority of the federal state of Brandenburg. Please also see our privacy policy.
22. Choice of law and place of jurisdiction
The entire legal relationship between the traveller and EAST OF WALLACE TOURS shall be governed exclusively by German law. The place of jurisdiction for actions brought by the traveller against EAST OF WALLACE TOURS is Frankfurt. The domicile of the traveller is decisive for legal actions of EAST OF WALLACE TOURS against the traveller. If the traveller’s domicile or habitual residence is abroad or if the domicile or habitual residence is not known at the time the action is brought, the place of jurisdiction shall be the registered office of EAST OF WALLACE TOURS.
The above provisions on the choice of law and the place of jurisdiction do not apply insofar as international agreements applicable to the travel contract conflict with this.
23. Final provisions
Should any of the above provisions be or become invalid, the validity of the remaining provisions of the travel conditions and those of the travel contract shall not be affected.
The organiser is:
EAST OF WALLACE TOURS
Kathrin Bielinski
Alexander-Diehl-Strasse 2A
55130 Mainz
Phone: +49 176 6121 0621
E-Mail: info[at]eastofwallace.com
Form
Package Travel Directive
Form for the information of the traveller for package tours according to § 651 a BGB (German Civil Code)
The combination of travel services offered to you is a package travel within the meaning of Directive (EU) 2015/2302 and therefore you are entitled to all EU rights applicable to package travel. EAST OF WALLACE TOURS is fully responsible for the proper performance of the entire package.
In addition, EAST OF WALLACE TOURS has the legal protection to refund your payments and, if transport is included in the package, to ensure your repatriation in the event of their insolvency.
For further information on your key rights under Directive (EU) 2015/2302 as transposed into national law, please visit www.umsetzung-richtlinie-eu2015-2302.de
Main rights under Directive (EU) 2015/2302:
- Travellers receive all essential information about the package before concluding the package travel contract.
- At least one trader is always liable for the proper performance of all travel services included in the contract.
- Travellers shall be given an emergency telephone number or details of a contact point through which they can contact the organiser or the travel agent.
- Travellers may transfer the package to another person – within a reasonable time and possibly at additional cost.
- The price of the package may only be increased if certain costs (for example fuel prices) increase and if this is expressly provided for in the contract, and in any case no later than 20 days before the start of the package. If the price increase exceeds 8% of the package price, the traveller may withdraw from the contract. If a tour operator reserves the right to a price increase, the traveller has the right to a price reduction if the corresponding costs decrease.
- Travellers may withdraw from the contract without paying a withdrawal fee and receive a full refund of all payments if any of the essential elements of the package, other than the price, are substantially altered. If the operator responsible for the package cancels the package before it starts, travellers are entitled to a refund and possibly compensation.
- Travellers may cancel the contract without paying a cancellation fee if exceptional circumstances arise before the start of the package, for example if there are serious security problems at the destination which are likely to affect the package.
- In addition, travellers may withdraw from the contract at any time before the start of the package on payment of a reasonable and justifiable cancellation fee.
- If, after the start of the package, essential elements of the package cannot be performed as agreed, reasonable alternative arrangements shall be offered to the traveller at no extra cost. The traveller may withdraw from the contract without paying a withdrawal fee if services are not provided in accordance with the contract and this has a significant impact on the provision of the contractual package tour services and the tour operator fails to remedy the situation.
- The traveller is entitled to a price reduction and/or compensation if the travel services are not provided or not provided properly.
- The tour operator shall assist the traveller if the traveller is in difficulty.
- In the event of the insolvency of the tour operator or, in some Member States, the travel agent, payments are refunded. If the insolvency of the tour operator or, where relevant, the travel agent occurs after the start of the package and the transport is part of the package, the repatriation of the travellers is guaranteed. EAST OF WALLACE TOURS has taken out insolvency insurance with R+V Allgemeine Versicherung AG. Travellers can contact this institution (65189 Wiesbaden, Raiffeisenplatz 1, Tel. +49 (0) 611 533 9519, e-mail: info@ruv.de) if they are denied services due to the insolvency of EAST OF WALLACE TOURS.
Website where Directive (EU) 2015/2302 as transposed into national law can be found: