Voorwaarden voor DJH-Go2City Aanbiedingen & Programma's


1. Organiser

Programmes offered are organised by DJH-Landesverband Rheinland e.V., Düsseldorfer Str. 1a, 40545 Düsseldorf (“Landesverband/Organiser”). DJH Go2City is the authorised representative of “Landesverband” and enters into contracts on its behalf. All correspondence is handled by DJH Go2City.

DJH Go2City is hereafter called “Representative” .

 

 

2. Eligibility - Area of Application for Terms and Conditions

Only those members of the DJH (Deutsches Jugendherbergswerk – German Youth Hostel Association) or those members of another IYHF association (International Youth Hostel Federation) who carry a valid DJH corporate membership are eligible.

 

The applying school, group, or corporation (Applicant/Client) documents its membership to Representative or youth hostel by showing its DJH Group Membership Card. Membership must be purchased no later than the programme beginning date. These terms and conditions only apply to named members with corporate membership. They do not apply to individuals or consumers.

 

 

3. Agreement Signing

3.1 Signed registrations must be provided in writing, by fax, or electronically to Representative. The registration must include the name of the

person responsible for the group; it must also include the number of all other participants, grouped by male and female.

The registration must also include all other participants for which Applicant/Client assumes the same contractual responsibilities as his own, as expressed by a separate statement of liability.

 

3.2 By submitting a registration, the Applicant/Client agrees to a travel contract based on the proposal, its travel details and terms

and conditions received from Representative. Applicant/Client enters the contract when Representative accepts registration on behalf of Organiser. Representative sends the official contract confirmation.

 

 

4. Payment

4.1 Following deposits are due at contract signing or no later than 8 weeks prior to Group arrival:

School groups: 50%

of total programme cost

Individual travellers, families, leisure and conference groups: 100% of total programme cost International school and other groups: 100% of total

programme cost .

The deposit will be applied to programme cost.

Payment dates is equal to the date of credit on Organiser’s account.

 

4.2 In the event the Applicant/Client does not pay deposit and/or balances according to contract terms, the Organiser or Representative is entitled – after issuing a warning and final deadline – to withdraw from contract and to charge Applicant/Client with related charges, according to paragraph 7.2.  

 

5. Services and Programme Changes prior to Contract Signing

The amount the Applicant/Client owes for services provided by Organiser is determined by the outline of services in the Organiser’s proposal and the subsequent data in the Programme confirmation. In respect to the Programme description, the Organiser reserves the right (according to § 4 Abs. 2 BGB-InfoVO) to change the Programme description based on justified, substantial, and unforeseen reasons prior to contract signing, of which the Applicant/Client will be informed prior to booking.

 

6. Changes in Service and Price, Applicant/Client

Rights

6.1 Programme and service changes: Programme and service changes which have become necessary after contract signing and which are not brought about by the Organiser against good faith, are only permitted if the changes are not substantial and do not affect the overall programme format.

 

6.2 Price Adjustments: Organiser is entitled to price adjustments after contract signing if the cost for some services increased substantially between contract signing and Programme start due to new circumstances that could not be foreseen at time of contract signing (e.g., cost of electricity, gas, water, auxiliary services, cost of living, etc.). Price adjustments are permissible to the extent of the actual increase of costs per person, as long as there are more than four months between the contract signing and programme start.  

 

Price adjustments

are always based on the Organiser’s current list prices, which are available from the Organiser or Representative. A Price increase is not valid if made 20 days or less prior to programme start.

 

6.3 In case of a price increase of more than 5% or of a significant change in a substantial service, the Applicant/Client is

entitled to withdraw from contract without penalty, or Applicant/Client is entitled to a programme of at least equal value, provided that Organiser is

able to offer such alternative programme based on standard service offers without additional cost.

 

Client must assert the aforementioned rights immediately after he receives the Organiser’s Statement about changes in services and/or pricing.

 

 

7. Cancellation or Rebooking by Client, Change of Client

7.1 The Applicant/Client

may cancel at any time prior to programme start. It is recommended that Applicant/Client send cancellation, including reservation number, in writing to Organiser.

 

7.2 If Applicant/Client cancels before Programme start, the Organiser is no longer entitled to the agreed-up Programme price. The Organiser can, however, demand from Applicant/Client fair compensation for arrangements and provisions which have already been made, according to § 651i Abs. 2 BGB. The compensation amount is determined by the Programme cost minus saved expenses and possible alternate use of the travel

services. Organiser may charge for the damages a lump-sum compensation or calculate the amount based on actual figures. A lump-sum compensation may be: 50% of programme cost if cancelled

between 60 and 14 days before programme start;

60% if cancelled between 13 and 7 days before programme start;

and 90% if cancelled between 6 and 0 days before programme start.

The Applicant/Client is free to demonstrate that the damage to Organiser was either non-existent or substantially lower than the lump sum.

The Organiser reserves the right to demand a higher compensation than the lump-sum, in which case Organiser will provide documentary evidence for the actual figures which will take into consideration saved expenses and possible alternate use of travel services.

 

 

7.3 We (the Organiser) expressly states that the programme cost does not include Travel Cancellation Insurance. We recommend to our Applicant/Clients to purchase travel cancellation insurance for their programmes (offered by Organiser).

 

 

7.4 If Applicant/Client makes changes to an existing booking, such as travel dates, destination, or accommodations (rebookings), these change are only possible if Applicant/Client first withdraws from the travel contract, according to the conditions listed in 7.2, and simultaneously enters into a new contract. Client does not have the right to rebooking.

 

7.5 If  Applicant/Client is not able to commence the travel programme, they can – Prior to programme start – find a third-party replacement (e.g., another school or travel group) to enter into the contract on Applicant/Client’s behalf after Applicant/Client has announced the replacement to Organiser.

 

Organiser is entitled to refuse the third-party replacement, if the replacement (e.g., different school or travel group) does not meet the particular programme requirements or does not conform to legal or administrative regulations. The third party entering the contract and the original Applicant/Client are jointly liable for the entire programme cost and any additional cost arising from the third-party participation.

 

 

8. Cancellation by Organiser

 

8.1 If the Terms  of the travel programme expressly state a minimum number of participants, and if this number is not reached, the Organiser is entitled to withdraw from the contract – provided that Organiser has stated the minimum number of participants in the materials and indicated in the programme confirmation the exact deadline prior to programme start by which the statement of withdrawal must reach the Applicant/Client. Organiser must state withdrawal from contract no later than 28 days (up to 28 days Prior to) before programme start. Any deposits made towards programme costs must be returned to Applicant/Client immediately.

 

8.2 If the Applicant/Client or the Applicant/Client’s travel group members behave during the programme in a disruptive manner or against contract terms and in spite of warnings by the Organiser or its Representative, so that a continuation of the programme and/or contract terms is  nreasonable, the Organiser is entitled to cancel the programme contract without notice.

 

The Organiser remains entitled to programme cost, minus any saved expenditures, reimbursements, or any other benefits the Organiser might receive from Services not rendered. The disruptive party is responsible for any additional costs such as transportation.

 

 

9. Applicant/Client Obligations, Notice of Defects, Remedy, Formal

Notice before Termination, Duty of Cooperation

 

9.1

Applicant/client is required to report any defect immediately to the Organiser or its Representative, and to request a remedy within a reasonable

period . If Applicant/Client fails to report defects, a reduction in programme cost cannot be made.

 

9.2 The Organiser or its Representative may refuse remedy if it requires disproportionate expenditures. In that case, the Organiser can provide remedy by providing a substitute service of equal or higher value.

 

9.3 If a Programme is affected substantially by a defect, and if the Organiser or is representative does not provide remedy without a reasonable timeframe, the Applicant/Client is entitled – within the scope of legal provisions – to cancel the travel contract. For the purpose of proof, a written explanation is advisable. The definition of a timeframe (deadline) is not required only when the remedy is impossible or is refused by the Organiser

or if an immediate cancellation of the contract for a particular reason by the Applicant/Client is justified.

 

9.4 In case of defects, the Applicant/Client has a legal obligation to minimise losses.

 

10. Organiser Limited Liability

The Organiser’s contractual liability for damages which are not bodily damages is limited per Programme and Applicant/Client to triple the amount of the programme price, provided that  damages were not caused intentionally or due to gross negligence, or that damages to Applicant/Client are caused solely through the fault of a supplier.

 

For all liability claims against the Organiser arising from unauthorised actions not due to intent or gross negligence, the Organiser is liable for property damage up to EUR 4,100. If the tripled Programme cost supersedes this amount, the Organiser’s liability for property damage is

limited to triple the amount of the programme cost per programme and Applicant/Client.

 

 

11. Exclusion of Claims, Notification Periods, Statute of Limitations for Claims, Statutory Limitation

 

11.1 Programme

contractual warranty claims to the Organiser must be made by the Applicant/Client within one month after the programme end date as dated in the contract.

 

The Applicant/Client can make claims after one month only if the contracting party has not been able to meet the time limit without fault of their own.

 

11.2 Applicant/Client’s programme contractual warranty claims for property damage expire after one year, according to §§ 651c - 651f BGB, provided that damage to the Applicant/Client was not due to intent or gross negligence on the Organiser’s or Representative’s part.

 

The statute of limitation begins on the day on which the programme was to end according to the contract. In case of on-going negotiations between the Applicant/Client and the Organiser about the claim or the claim’s circumstances, the period of limitation is suspended until either party terminates the negotiations. The statute of limitation commences at least three months after the end of the suspension. Claims from unauthorised

actions and claims for bodily damage are subject to the legal statute of limitations.

 

 

12. Non-assignability

The transfer of claims against the Organiser is prohibited; this does not apply to Family members.

 

13. Data Protection

The responsible handling of personal data is common practice for DJH Go2City. Data processing and use are subject to the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). Personal data include: Name, address, email, and phone numbers. We make these data

available only to DJH Germany and its partners, who handle the data according to our instructions and in compliance with the BDSG. Moreover, data is not given to third parties. At any time, the Applicant/Client is entitled to inquire about their data stored with the Organiser, or to change

or delete the data. Data gets deleted, if Applicant/Client revokes their consent for data storage, if the data no longer serves the original purpose for storing, or if the data storage violates law. At any time, the Applicant/Client may send a message to the DJH- Service-Centre Rhineland at service@djh-rheinland.de or to the address below to revoke the processing of personal data for marketing, advertising or research.

 

 

14. Final Provisions

14.1 Place of jurisdiction and governing law: Düsseldorf, Germany (the location of DJH Landesverband Rheinland e.V.) for Applicant/Clients that are a business or legal entities of public law, for all persons residing abroad or whose place of residence at the time of complaint is unknown.

 

14.2 The invalidity of individual provisions shall not render the entire Programme contract invalid. The entire legal and contractual relationship between the Applicant/Client and Organiser is subject exclusively to German law.

 

Organiser:

Deutsches Jugendherbergswerk Landesverband Rheinland e. V.

Düsseldorfer Str.

1a, 40545 Düsseldorf,

Represented by Executive Board: Ludwig B. Lühl, Cornel Hüsch,

Manfred Walhorn, Friedhelm Kamps

phone:+49 (0)221 778733 0 Fax: +49 (0)221 778733 10

E-Mail: info@djh-go2city.de,

Internet: www.djh-go2city.de

Officially registered association: AG Düsseldorf: VR 3972

Primary business service: Travel Management

Travel Liability Insurance: Union Versicherungsdienst GmbH, 32758 Detmold.

Area covered by insurance: Germany

Programme contract is subject exclusively to Germany Law (see 14.2).