Travel Terms & Conditions of ITST Individualreisen GmbH & Co. KG
Dear Travel Customers,
These Terms and Conditions, (if and to the extent same have been validly agreed upon), become part of and shall govern the contractual relationship concluded between you, the travel Customer, and ITST Individualreisen GmbH & Co. KG (hereinafter referred to as "ITST". These conditions complement the legal provisions of Sections 651a to–y BGB (Bürgerliches Gesetzbuch – German Civil Code) and the statutory information obligations applying to tour operators according to Articles 250 and 252 EGBGB (Einführungsgesetz zum BGB – Introductory Code to the German Civil Code). Please read these Terms and Conditions carefully before submitting your travel booking!
1.Conclusion of Contractual Relationship / Travel Customers’ Obligations
1.1. The following shall apply in relation to all booking methods: a) The offer of ITST and the Travel Customer's booking shall be based on the published description of the travel package offered as well as any supplementary information as provided by ITST (such as classification specifications e.g.) and available to the Travel Customer at the time of his/her booking. b) Any information provided in hotel guides and similar directories which have not been published by ITST, shall have no binding effect for ITST and its contractual obligations, unless expressively agreed otherwise. c) If the booking confirmation communicated by ITST differs in any way from the booking placed by the Travel Customer, such confirmation shall constitute a new offer by ITST. ITST is bound on this offer for a period of 10 days. The travel package contract shall be concluded on the basis of this new offer, provided. ITST has indicated such amendments to the Travel Customer and has duly fulfilled its pre- contractual information duties in relation thereto and provided moreover, the Travel Customer has accepted same, either expressively or tacitly by way of effecting payments in this regard. d)Any and all information provided by ITST prior to conclusion of the travel package contract in relation to material specifics of the travel services, the travel package price and any additional costs, the conditions of payment, the minimum number of travel participants and standard cancellation fees - in accordance with Article 250 Subsection 3 numbers 1, 3 to 5 and 7 EGBGB (Introductory Code to the German Civil Code) – shall not become subject to the travel package contract only if this has been explicitly agreed upon by and between ITST and the Travel Customer. e) In relation to any Travel Customer bookings made not only for the Travel Customer him/herself but also for and on behalf of fellow travelers, the Travel Customer shall be liable for the contractual obligations of such fellow travelers in the same way as for its own contractual obligations, provided the Travel Customer has expressly undertaken to assume such fellow travelers’ obligations by way of a separate declaration to this effect. 1.2. The following applies to bookings made in writing, by e-mail or by fax: a) By way of placing a booking (travel booking), the Travel Customer - in a contractually binding manner - furnishes an offer to ITST to enter into a travel package contract. The Travel Costumer is bound to this booking for a period of 14 days. b) The corresponding travel package contract is concluded upon the Travel Customer receiving ITST’s acceptance which is given by way of ITST’s booking confirmation. Upon or immediately subsequent to the conclusion of the travel package contract, ITST shall provide the Travel Customer with a corresponding booking confirmation document which shall be compliant with the statutory provisions defining such a booking confirmation’s necessary contents. The booking confirmation document shall be issued on a pre- servable medium, i.e. in such a manner which shall allow for the Travel Customer to keep or store the booking confirmation document as provided by ITST, in order to access same at any moment within an adequate period of time (e.g. on paper or by way of an email attachment), provided the Travel Customer is not entitled to a booking confirmation document on paper in accordance with Article 250 Section 6 Subsection (1) second sentence EGBGB (Introductory Code to the German Civil Code) which applies in cases where the travel package contract is concluded in the physical presence of both parties or in cases where it is concluded outside business premises as defined in Section 312b BGB (German Civil Code). 1.3.ITST advises the Travel Customer herewith that, according to the applicable statutory provisions (Section 312 Subsection (7) BGB – German Civil Code), the Travel Customer shall not be entitled to any right of revocation in relation to travel package contracts which according to Sections 651a and 651c BGB (German Civil Code) have been concluded remotely (i.e. by way of letter, brochure, telephone, telefax, E-Mail, mobile phone, mobile text message, as well as by radio broadcast, television and online services). The Travel Customer’s statutory rights to cancellation, especially his/her cancellation rights according to Section 651 h BGB (German Civil Code) (see also Clause 7 below) shall remain unaffected. The Travel Customer shall however be entitled to revocation if the travel package contract has been concluded outside of business premises, unless the oral negotiations on the basis of which the travel package contract was subsequently concluded were conducted due to the Travel Customer’s respective request in which case, in turn, the Travel Customer shall have no right of revocation.
2.Payment
2.1.Prior to complete fulfilment of all services which are to be provided by ITST under the travel package contract, ITST and its agents shall only be allowed to collect Travel Customer payments in relation to the travel package price, provided that a valid contract for the purposes of insuring or guaranteeing such Travel Customer payments (Absicherungsvertrag) in accordance with Section 651r BGB (German Civil Code) exists and that the Travel Customer has been provided with a corresponding security certificate (Sicherungsschein) which clearly and comprehensibly as well as prominently displays the insuring or guaranteeing party’s name and contact information. Following conclusion of the travel package contract and upon such aforementioned security certificate having been provided to the Travel Customer, an advance payment amounting to 10 % of the travel package price shall become due for payment by the Travel Customer to ITST. Payment of the residual balance amount shall become due for payment 4 weeks prior to ITST commencing the provision of services under the of travel package contract, provided the aforementioned security certificate has been duly submitted to the Travel Customer and the travel package contract can no longer be cancelled for the reasons specified under Clause 5 below. In relation to bookings which are placed within a term shorter than 4 weeks prior to travel services commencing the entire travel package price shall be payable immediately upon booking. 2.2. If the Travel Customer fails to pay the advance payment and/or the residual balance in accordance with the agreed payment terms, despite ITST having duly fulfilled its statutory information duties and being ready and able to duly perform the contractual travel package services, and provided moreover, the Travel Customer does not hold any legal or contractual right to retain or offset such payments, ITST will submit to the Travel Customer a reminder notice defining a period within which the Travel Customer is to effect such overdue payments and announcing that, in the event of the Travel Customer continuing to fail effecting such payments, ITST will rescind the travel contract and charge to the Travel Customer cancellation fees in accordance with the provisions of Clause 5 below.
3.Amendments (other than Price Increases) of the Travel Package Contract Applied Prior to Performance
3.1. Any amendments becoming necessary in relation to material specifics of travel services after conclusion of the respectively underlying travel package contract and prior to commencing performance of the corresponding travel services shall only be allowed if such amendments are not substantial to and do not impair the overall nature of the contractually agreed travel package services. The aforementioned shall not apply if such amendments become necessary due to ITST having acted in breach of good faith. 3.2. ITST shall be under an obligation to, without undue delay, clearly, comprehensibly and prominently inform the Travel Customer by way of a pre-servable medium about any amendments relating to travel services under the travel package contract upon ITST receiving knowledge of the reasons which make such amendment necessary. 3.3. In the event of any substantial amendments becoming necessary in relation to material specifics of travel services or in case of any changes arising with respect to special Travel Customer requests, the Travel Customer shall be entitled to, within an adequate period defined by ITST, when informing the Travel Customer about the relevant amendment or change, either accept the amendment or cancel the travel package without incurring any cancellation fees or accept the provision of an alternative travel package, if ITST has offered such an alternative. If the Travel Customer fails to cancel the travel package contract within the period defined by ITST the amendment shall be deemed to have been accepted by the Travel Customer. 3.4. Any and all warranty claims remain unaffected as far as the amended travel services are deficient in any way or have not been duly fulfilled. If, in relation to the amended travel package or in relation to an alternative travel package (provided such has been offered by ITST at a quality of same value and at the same price) the costs expended by ITST in this regard are lower, ITST shall be under an obligation to refund to the Travel Customer the difference amount in accordance with Section 651m BGB (German Civil Code).
4.Increase and Decrease of the Travel Package Price
4.1. ITST in accordance with Sections 651f, 651g BGB (German Civil Code) and subsequent provisions reserves the right to increase the travel package price in the event of a) any increase in cost of carriage resulting from increased fuel or other energy source prices, b) any increase of taxes, levies or fees, payable with respect to contractual travel services such as tourism taxes, port and airport fees or c) applied in relation to the relevant travel package, directly affecting the travel package price after the conclusion of the contract. 4.2. Any increase of the travel package price shall only be admissible if ITST clearly and comprehensibly informs the traveller in written text about such price increase and its reasons, thereby informing also about the calculation of same. 4.3. Price increases shall be calculated as follows: a) As regards any increase of costs of carriage according to Clause 4.1 lit a) above, ITST may increase the travel package price as follows: In case of a seat related increase ITST may charge the respectively resulting difference amount to the Travel Customer.
Otherwise, the increased costs for fuel or other energy sources demanded by the transport company for each means of transport will be divided by the number of people transported. ITST can demand from the customer the resulting increased amount for each person transported.
b) As regards any increase of taxes, levies or fees according to Clause 4.1 lit b) above, the travel package price may be increased accordingly on a pro rata basis per Travel Customer. c) As regards any increase of foreign exchange rates according to Clause 4.1 lit c) above, the travel package price may be increased according to extent that the travel package has become more expensive for ITST. 4.4. ITST shall be under an obligation to, upon the Travel Customer’s/traveller’s request, grant a reduction in relation to the travel package price, if, after conclusion of the travel package contract and prior to the provision of the corresponding travel services commencing, any changes of rates, fees or exchange rates as mentioned in Clauses 4.1 lit a), b) and c) above have occurred as a result of which ITST’s costs have decreased. If the Travel Customer/traveller has paid more than the amount accordingly owed, ITST shall refund the difference amount to the Travel Customer. ITST shall however be entitled to subtract from such difference amount the administrative expenses actually incurred by ITST in the process. In this regard, ITST shall be under an obligation to, upon the Travel Customer’s/traveller’s request, provide evidence proving the administrative expenses it has incurred. 4.5. Any increases of the travel package price shall only be admissible if received by the Travel Customer not less 20 days prior to performance of the travel package services. 4.6. In the event of any travel package price increase exceeding 8%, the Travel Customer shall be entitled to, within the period adequately defined by ITST when informing the Travel Customer about such increase, either accept the amended price or cancel the travel package without incurring any cancellation fees. If the Travel Customer fails to cancel the travel package contract within the period defined by ITST the increased travel package price shall be deemed to have been accepted by the Travel Customer.
5.Travel Customer Cancellations prior to Commencement of Provision of Travel Services / Cancellation Fees
5.1. The Travel Customer shall be entitled to cancel the contractual travel services at any time prior to commencement of their provision by ITST. Cancellations are to be notified to ITST to the address provided below or to the travel agent who on behalf of ITST has concluded the travel package contract with the Travel Customer. For evidence purposes, the Travel Customer is recommended to provide cancellation notices in written text. 5.2. In the event of a Travel Customer cancelling the booked travel package prior to commencement of their provision by ITST or if the Travel Customer fails to utilize the travel services (no show), ITST shall have no right to claim payment of the contractually agreed travel price. Instead, ITST shall be entitled to claim payment of adequate compensation in consideration of preparations made and costs incurred by ITST at the time of the cancellation being notified to it. Such adequate compensation shall be calculated on the basis of the contractually agreed travel service price. The aforementioned shall however not apply if the Travel Customer’s cancellation is caused by reasons falling into the scope of ITST’s responsibility or if the cancellation was caused by the occurrence of unavoidable, extraordinary circumstances at or in direct proximity to the Travel Customer’s destination which would materially impair the provision of travel services at or the carriage of passengers to the Travel Customer’s destination. Circumstances shall be deemed unavoidable and extraordinary, if they cannot be controlled by ITST and if their consequences remain unavoidable despite ITST having taken all reasonable measures to avoid them. 5.3. The below mentioned standard compensation charges have been calculated by way of ITST duly taking into account any and all costs which usually remain unexpended as well as any and all proceeds usually generated by way of selling unutilized travel services to other Travel Customers or making use of same otherwise. The standard compensation charges are applied as follows, depending on the date on which ITST receives notice of the Travel Customer’s cancellation:
up to the 31st day prior to commencement of the booked travel service arrangement – 20%
as of the 30th day prior to commencement of the booked travel service arrangement – 35%
as of the 22nd day prior to commencement of the booked travel service arrangement– 50%
as of the 15th day prior to commencement of the booked travel service arrangement – 60%
as of the 8th day prior to commencement of the booked travel service arrangement – 70%
asofthe2nddayprioranduptothedayof commencement of the booked travel service arrangement or in case of no-show – 80% of the contractual travel price.
5.4. In any event, the Travel Customer shall retain the right to positively prove that ITST has incurred no damages or damages which are substantially lower than the standard charge claimed in accordance with the above mentioned standard compensation charges. 5.5. A compensation according to Section 5.3. is deemed not to have been specified and agreed if ITST proves that ITST has incurred significantly higher expenses than the calculated amount of the compensation in accordance with Section 5.3. In such event, ITST shall be obliged to concretely specify and substantiate the accordingly claimed higher compensation amount, by way of duly taking into consideration any unexpended costs as well as any and all proceeds generated by way of selling the unutilized travel services to another Travel Customer or by way of making use of same otherwise. 5.6. In the event of ITST being obliged to refund the travel package price due to the Travel Customer’s cancelation, section 651 h Subsection (5) BGB (German Civil Code) remains unaffected. 5.7. The Travel Customer's legal right pursuant to Section 651 e BGB (German Civil Code), to, on a pre-servable medium, demand that instead of the Travel Customer a third person is to enter into the travel package contract, remains unaffected by the above provisions. Provided such demand is received by ITST within 7 days prior to commencement of the provision of travel package services it shall be deemed to have been made timely. 5.8. Insurance covering cancellation costs up to a specified deduction amount as well as accident insurance cover is included in ITST’s travel offers as specified in the published travel offer. The Travel Customer is advised of the possibility to minimize deductions by way of the Travel Customer taking out additional insurance coverage.
6.Rebookings
6.1. After the conclusion of the contract, the customer is not entitled to changes with regard to the travel date, the travel destination, the place of departure, the accommodation, the type of catering, the type of transport or other services (rebooking). This does not apply if the rebooking is necessary because ITST has given the traveler no, insufficient or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; in this case, the rebooking is possible free of charge. If, in the other cases, a rebooking is nevertheless made at the request of the customer, ITST can, if the following deadlines are observed, charge the customer a rebooking fee for each traveler affected by the rebooking. Unless otherwise agreed in individual cases before the rebooking is approved, the rebooking fee is €30 per affected traveler up to the time the second cancellation scale begins for the respective type of trip in accordance with the above regulation in Section 5. 6.2. The customer's rebooking requests, which are made after the deadlines have expired, can only be implemented after withdrawal from the package travel contract in accordance with Section 5 of the Conditions and simultaneous new registration, provided that their implementation is at all possible. This does not apply to rebooking requests that only cause minor costs.
7.Unused Travel Services
In the event that, for reasons that fall into the traveller’s scope of responsibility and, in relation to which the traveller holds no statutory right to cancel the travel package contract free of charge, the traveller fails to utilise individual travel services despite having been duly offered the provision of same (e.g. due to early return or due to the Travel Customer failing to maintain the pre-conditions defined in Section 1 above or for other compelling reasons), the traveller shall not be entitled to a pro-rata refund of the contractually agreed travel package price. ITST shall apply reasonable endeavours to obtain refunds of any accordingly unexpended costs from its suppliers. Such obligation shall not apply if the respectively unused services are absolutely insignificant or if a refund in relation to same may constitute a potential conflict with any statutory or official regulations.
8.Cancellation due to Falling Short of Minimum Number of Booked Participants
8.1. ITST shall be entitled to cancel the travel package contract due to failing to generate a minimum amount of participant bookings in accordance with the following rules: a) The minimum number of participants and the latest time at which a booking may be cancelled by ITST has been accordingly mentioned within the information provided by ITST prior to concluding the travel package contract. b) The minimum number of participants and the latest time at which a booking may be cancelled by ITST must be mentioned also in ITST’s booking confirmation or the booking confirmation. c) ITST shall be obliged to without undue delay, notify travel Customers of any cancellations becoming necessary once it has been ascertained that the travel package contract will not be performed due to not reaching the minimum number of bookings. d) Any such cancellation by ITST that is notified later than 4 weeks prior to commencement of the affected travel package contract shall not be allowed. 8.2. If no travel service under the travel package contract is performed for aforementioned reasons, the Travel Customer shall be fully refunded any and all payments previously paid to ITST without undue delay. Clause 5.6 above applies accordingly.
9.Termination on Grounds of Conduct
9.1. ITST shall be entitled to cancel the travel package contract with immediate effect if, despite ITST’s explicit warning, the traveller continues to interrupt the provision of travel services or if the traveller violates the contract to an extent, sufficiently substantial to justify ITST’s summary cancellation of the contract. This shall not apply if the traveller’s violation of the contract was caused due ITST’s failure to duly fulfil its information duties prior to concluding the travel package contract. 9.2. If ITST cancels the contract for the above reasons it shall remain entitled to demand full payment of the travel package price. However, any unexpended costs as well as any and all proceeds generated by selling unutilised travel services to other travel Customers or any refunds received from travel suppliers in this respect are to be deducted from ITST’s respective claims.
10.Travel Customer Obligations
10.1. Travel documents
Travel Customers shall be obliged to notify ITST or the travel agent who has concluded the travel package contract with the Travel Customer on ITST’s behalf, if it has not duly received the travel documents within the time specified by ITST .< br /> 10.2. Deficiencies/Remedy
a) If the travel services performed under the travel package contract are in any way deficient, the traveller is entitled to demand remedy.
b)If and to the extent that, due to the traveller’s failure to duly report a service deficiency, ITST has been unable to remedy same, the traveller shall neither be entitled to refund in accordance with Section 651m BGB (German Civil Code) nor to compensation of damages in accordance with Section 651nBGB (German Civil Code) in this regard.
c)Travel Customers shall be obliged to, without undue delay, report to ITST’s authorised representatives onsite the occurrence of any travel service deficiencies and demand remedy of same. If there are no representatives of ITST present onsite and ITST, according to the travel package contract, is not obliged to have such a representative present onsite, any travel service deficiencies are to be reported to the contact as communicated by ITST; travellers will be informed about the availabilities of ITST’s onsite representatives or contacts within ITST’s travel booking confirmation. The traveller, may at his/her discretion, also choose to report any deficiencies to the travel agent which has concluded the travel package contract on ITST’s behalf. d) ITST’s representative is assigned with remedying any occurring service deficiencies, it is, however, neither authorized to confirm deficiencies nor to acknowledge any claims asserted against ITST. 10.3. Deadline prior to Cancellation If the Travel Customer/traveller pursuant to Section 651l BGB (German Civil Code) intends to cancel the travel package contract due to a service deficiency as defined in Section 651i Subsection (2) BGB (German Civil Code) that is substantial, the Travel Customer/traveller shall be required to first define an adequate deadline within which ITST is to remedy the reported deficiency. This shall not apply if ITST has previously refused to take adequate remedial measures in this concern or if it is necessary that immediate remedial measures are taken.
11.Special Travel Customer Obligations
11.1. It is in the nature of African travel, adventure travel, especially safari travel, that you are exposed to certain dangers in the wilderness, especially if you do not follow the instructions of your safari guide. 11.2. The safaris and mountain climbs are led by qualified tour guides. Nevertheless, the trips require a high degree of personal responsibility on the part of the traveler. In this context, particular attention is drawn to the "important information on trips with special risks". The corresponding safety-relevant instructions of the tour guide must always be followed; parents are responsible for ensuring that children traveling with them also follow the instructions of the tour guide. 11.3. Especially in the case of mountain tours, the tour guides reserve the right to change the planned tours according to the individual requirements of the tour guides or due to unforeseen circumstances within the framework of ITST's legal duty to maintain safety. The aforementioned unforeseen circumstances in the context of special dangers include, but are not limited to: extreme weather conditions, special dangers in the wilderness or a return due to the medical care of a trip participant.
12.Limitation of Liability
12.1.ITST’s contractual liability for damages which have neither resulted in fatal injury, bodily harm nor damages to a person’s health and which have not arisen due to any negligence or wilful conduct on the part of ITST and its suppliers and vicarious agents, shall be limited to an amount equalling triple the travel package price. Any claims based on the Montreal Treaty or the Luftverkehrsgesetz (German Air Traffic Code) shall remain unaffected. 12.2. ITST shall be held liable neither for any service disruptions, nor for any personal injury nor for any damages to property which arise in connection with third party services which ITST has sold acting as a mere agent (e.g. excursions, sports events, theatre tickets, exhibitions, transportation services from and to the specified places of departure and destination), if ITST, within its advertised publications and its travel booking confirmation has clearly indicated such services as third party services in a sufficiently distinct manner, thereby expressively stating the identity and address of the corresponding third party contract partner which ITST has acted as an agent for, so that it is apparent to the Travel Customer that such services are not part of the travel package contract concluded with ITST. Sections 651b, 651c, 651w and 651y BGB (German Civil Code) remain unaffected in this regard. 12.3. ITST shall however be liable in relation to damages caused to Travel Customers as a result of ITST having breached its statutory advisory or information duties towards the Travel Customer or due to any breach by ITST of its organisational duties.
13.Assertion of Claims and Addressee
13.1.Any claims asserted by the Travel Customer under Section 651i subsection (3) no. 2, 4-7 BGB (German Civil Code) must be addressed to ITST. Alternatively, they can also be addressed to the travel agent who has concluded the travel package contract on behalf of ITST. The above- mentioned claims expire within a period of 2 years. The period commences on the day on which the travel package was contractually agreed to end. It is recommended to assert claims in written text.
14.Obligation to provide information about the identity of the operating airline
14.1. ITST informs the costumer when booking in accordance with the EU Regulation on informing passengers about the identity oft he operating airline (EU- Verordnung zur Unterrichtung von Fluggästen über die Identität des ausführenden Luftfahrtunternehmens) before or at the latest when booking about the identity oft he operating airline(s) with regard to all air transport services to be provided as part of the booked trip. 14.2. If the operating airline(s) is/are not yet known at the time of booking, ITST is obliged to name the airline or airlines that will probably operate the flight. As soon as ITST knows which airline is operating the flight, ITST will inform the customer. 14.3. If the airline named to the customer as the operating airline changes, ITST will inform the customer of the change immediately and as quickly as reasonably possible. 14.4. The "Black List" (airlines that are prohibited from using the airspace above the member states) drawn up in accordance with the EC regulation is available on the ITST website or directly via ec.europa.eu/transport/modes/air/safety/airban/index_de.htm and can be viewed at the ITST offices.
15.Passport, Visa, and Health Regulations
15.1.Prior to concluding the travel package contract, ITST shall inform Travel Customers/travellers about general passport or visa requirements as well as about any official health regulations to be observed at the country of destination, including the time usually expected in order to obtain respectively relevant visa documents as well as about any statutory changes in this regard. 15.2. The Travel Customer shall be solely responsible for obtaining and holding the officially necessary travel documents, for having all necessary vaccinations performed on him and fellow travellers as well as for acting compliantly with any relevant customs and foreign exchange control regulations. Any disadvantages arising as a result of the Travel Customer’s failure to comply in this regard, such as e.g. any cancellation fees, shall be borne by the Travel Customer. This shall not apply if ITST has either failed to inform the Travel Customer at all or if it has informed the Travel Customer insufficiently or incorrectly in any way. 15.3. If ITST is assigned by the Travel Customer with obtaining necessary visa documents, ITST shall not be liable for the timely granting of same by the relevant embassy or consulate nor for their due receipt by the Travel Customer, unless ITST is in breach of any of its contractual duties in this regard.
16.Special regulations in connection with pandemics (in particular the corona virus)
16.1.The parties agree that the agreed travel services are always provided by the respective service providers in compliance with and in accordance with the official specifications and requirements applicable at the respective time of travel. 16.2. The traveler agrees to observe appropriate usage regulations or restrictions of the service providers when using travel services and to inform the tour guide and the service provider immediately in the event of typical symptoms of illness. 16.3. The rights of the customer from Section 651i BGB (German Civil Code) remain unaffected by the above regulations.
17.Alternative Settlement of Disputes; Choice of Law and Place of Jurisdiction
17.1.With respect to the newly introduced legislation regulating the settlement of consumer disputes (Gesetz über Verbraucherstreitbeilegung), ITST points out that it currently does not participate in any such voluntary settlement programme. In the event that the participation in such a programme became obligatory in the further course after printing and publishing these terms and conditions, ITST will duly inform its Travel Customers accordingly. In relation to all contractual relationships concluded electronically, ITST makes reference herewith to the European dispute settlement platform ec.europa.eu/consumers/odr 17.2. For Travel Customers who are not nationals of a member state of the European Union or Swiss nationals, it is agreed that the entire legal and contractual relationship between the Travel Customer and ITST shall be exclusively governed by German law. Legal suits filed by Travel Customers shall be exclusively brought before the competent court jurisdiction at the place where ITST has its registered seat. 17.3. Law suits brought by ITST against a Travel Customer shall be brought before the court of competent jurisdiction at the Travel Customer‘s residence. In relation to law suits against Travel Customers who are merchants in accordance with the German Commercial Code (HGB) or legal persons of civil or public law whose residence or registered business seat or whose usual place of stay is either abroad in a foreign country or unknown at the time when the law suit is brought, the parties agree that such law suits shall be brought before the court of competent jurisdiction at ITST’s registered seat.
————————————————————————————————
© Travel Terms & Conditions are protected by copyright; Noll | Hütten | Dukic Rechtsanwälte, München | Stuttgart, 2023
———————————————————————————————–
Tour operator is:
ITST Individualreisen GmbH & Co. KG
Tanzania Special Tours
Mühlbachstrasse 25
70794 Filderstadt
Tel +49 711 7778712
Fax +49 711 7787150
Registration court: AG Stuttgart, HRA 727526
Personally liable partner:
ITST Verwaltungs GmbH, register court AG Stuttgart, HRB 7410 84Managing directors: Annegret Veit, Richard Veit