Senlac Tours is committed to ensuring a trustworthy relationship with all its partners. Should a problem ever arise, Senlac Tours will always strive to reach an amicable settlement. Senlac Tours has never had to respond to a legal case, nor has it taken any legal action against others, and our aim is to keep it that way.

Status: 14.04.2021

 

1. ACCEPTANCE OF THE TRAVEL CONDITIONS - PACKAGE TOURS

1.1. The following provisions shall, insofar as effectively agreed, form part of the package tour contract established between the customer and Senlac Tours. They supplement and complete the statutory regulations of §§ 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the German Civil Code).

1.2. These travel conditions only apply to package tours. Different information will apply if the customer has not booked a package tour but instead arranged individual services or linked travel services in accordance with § 651w BGB.

1.3. Furthermore, these travel conditions do not apply to business trips where a framework agreement has been established with the customer for the organisation of the business trip.

1.4. The terms and conditions of travel shall be made available to the applicant and, on request, to registered participants (hereinafter referred to as “travellers”) prior to booking. The preparation of an individual travel proposal, along with acceptance of a group travel booking by Senlac Tours, shall be subject to the condition precedent that the applicant acknowledges the validity of these travel conditions and raises no objection either as an individual and on behalf of the travellers they represent. This also applies to the establishment of a contract.

1.5. Our terms and conditions of travel are published on our website at www.senlactours.com/booking-conditions

 

2. CONCLUSION OF THE PACKAGE TRAVEL CONTRACT & OBLIGATION FOR FELLOW TRAVELLERS

2.1. The following applies to all booking channels (e.g. via the organiser, by telephone, online, etc.):

1. On enquiry, Senlac Tours shall submit a free and non-binding offer. The conclusion of the travel contract shall only proceed upon the sending of the booking contract in written form (via post, e-mail or the website) by the person registering. After receipt of the travel booking contract, the applicant shall immediately receive a booking confirmation from Senlac Tours containing details of the booked tour and the travel services. The contract shall come into force on receipt of this confirmation by the applicant.
2. The applicant shall be liable for all contractual obligations of both themselves and all travellers for whom they make the booking, insofar as they have assumed this obligation by express and separate declaration. The applicant will make the registration in their own name. If the registration is made as a teacher of an educational institution (public or private), they act as an authorised representative of the respective educational institution or group. In doing so, the applicant is responsible for their contractual obligations as well as for the registered travellers. The applicant is liable to Senlac Tours for compensation and fulfilment. This shall also apply if the travel contract is not concluded in the absence of consent or approval by the legal representatives of underage participants.
3. In the case of package travel contracts (in accordance with §§312 Para. 7, 312g Paragraph 2 Sentence 1 No. 9 BGB) which are established by e-mail, telephone or letter, there is no right of withdrawal in accordance with §§312 Paragraph 7, 312g Paragraph 2 Sentence 1 No. 9 BGB. However, the statutory rights of withdrawal and termination exist (right of withdrawal pursuant to §651h BGB, hereinafter section 8).
4. If the content of the tour confirmation by Senlac Tours differs from the content of the booking, a new offer by Senlac Tours will be issued, to which Senlac Tours shall be bound for a period of 8 days from receipt. The contract shall be established on the basis of this new offer insofar as Senlac Tours has drawn attention to the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the applicant declares acceptance to Senlac Tours by express declaration or deposit within the binding period.
5. The data of the travellers collected in connection with the tour will be stored by Senlac Tours and used exclusively for the implementation of the tour and for customer service. It will not be passed on to third parties who are not entrusted with the implementation of the tour. You are entitled to receive information about the stored data at any time and to request deletion of your data after the end of the tour.

 

3. CHANGES TO SERVICES

3.1. Deviations in the essential characteristics of travel services from the agreed content of the package tour contract which become necessary after establishing the contract and which were not brought about by the tour operator in bad faith are permitted to Senlac Tours before the start of the tour insofar as the deviations are insignificant and do not affect the overall nature of the tour.

3.2. Senlac Tours is obliged to inform the customer of any changes to services immediately after becoming aware of the reason for the change via a permanent data medium (e.g. also by e-mail, SMS or voice message) in a clear, comprehensible and salient manner.

3.3. In the event of a significant change to an essential characteristic of a travel service or a deviation from a customer's special requirements which have become part of the package tour contract, the customer shall be entitled, within a reasonable period set by Senlac Tours at the same time as notification of the change, to

• accept the change, or
• withdraw from the package tour contract free of charge, or
• request participation in a substitute tour if the tour operator has offered such a tour

The customer is not obliged to respond to a notification of change sent by Senlac Tours. If the customer does respond to the tour operator, they may either agree to the change of contract, request participation in a substitute tour (if such a tour has been offered to them) or withdraw from the contract free of charge.  If the customer does not respond to the tour operator or does not react within the set period, the notified change is considered to be accepted.  This must be communicated to the customer in a clear, understandable and salient manner in the declaration according to section 3.2.

3.4. Any warranty claims remain unaffected unless as the changed services are defective. If the tour operator had lower costs for the implementation of the changed trip or replacement trip with equivalent quality, the difference is to be reimbursed to the customer in accordance with § 651m paragraph 2 BGB.

 

4. TERMS OF PAYMENT

4.1. Within four weeks of receiving the booking confirmation, a down payment of a minimum of €50.00 per participant, but at least 20% of the total tour price is due. The balance must be paid four weeks before the start of the tour without further request. In the case of group bookings, all payments are to be made by the contracting party for the entire group in no more than two instalments.

4.2. If the deposit and/or the balance is not paid on time, Senlac Tours shall be entitled to withdraw from the contract after setting a reasonable deadline and to demand compensation for the claims for damages. The travel documents will only be handed over to the applicant once the invoice amount has been paid in full and therefore the applicant and the tour participants will have no claim to the use of the travel services until this time.

4.3. Individual transfers are possible for a fee per person, the current price will be sent with the offer. The school is the contractual partner and will therefore be informed regularly about the payment status. In the event of outstanding payments, it is the duty of the contractual partner to send reminders for these payments. Therefore, Senlac Tours does not accept any addresses or contact details of the travellers, unless these are required for the purposes of accommodation with host families.

4.4. Security: In accordance with the legal requirements of a tour operator, all travellers are insured. The payments received from the tour price are insured with tourVERS Touristik-Versicherungs-Service GmbH - Borsteler Chaussee 51, 22453 Hamburg in accordance with § 651 t BGB.

 

5. PRICE CHANGES

5.1. Prices for group bookings are calculated based on the number of participants, as stated in the tour application and booking confirmation. As groups usually have a coach at their sole disposal, Senlac Tours reserves the right to re-calculate the individual price of participants in the event of more than one cancellation.

5.2. Price increases after establishment of the travel contract are possible up to 31 days before departure for factually justified and unforeseeable reasons (increase in the class of carriage, taxes, fees, charges, tariffs, change in exchange rates applicable to the tour in question or similar) to the extent justified by demonstrable facts. Price increases thereafter are not permitted. In the event of a necessary price increase of more than 8% of the tour price, the tour participant may withdraw free of charge within 10 days. The price increase shall be deemed accepted if the registrant does not object within this period. Senlac Tours may also offer an alternative tour.

 

6. SERVICES NOT USED

If the traveller does not make use of individual travel services which Senlac Tours is willing and able to provide in accordance with the contract for reasons attributable to the traveller, the traveller shall not be entitled to a pro rata refund of the tour price, insofar as such reasons would not have entitled the traveller to withdraw from or terminate the travel contract free of charge in accordance with the statutory provisions. The tour operator will endeavour to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the expenses are completely insignificant.

 

7. NOTICE OF DEFECTS, REMEDY AND REDUCTION

The applicant must notify Senlac Tours immediately of any defects. This can be done in person, by e-mail or by telephone. The authorised representative of Senlac Tours on site is responsible for receiving the notice of defects. Senlac Tours will offer an appropriate replacement service. Should the defect not be reported immediately and the possibility of remedy thereby created, no reduction in the tour price can be demanded. Senlac Tours may refuse to provide a remedy if this would involve disproportionately high costs. The applicant may demand a reduction in the tour price or compensation for damages. However, this claim shall lapse if the damage or defect was caused by the traveller or third parties through their own fault or negligence. For damage that has no physical injury, Senlac Tours shall be liable with a limitation up to three times the tour price.

Should the tour be significantly impaired, and Senlac Tours fail to remedy the situation within a reasonable period, the tour contract may be cancelled.

 

8. WITHDRAWAL OF A GROUP

This applies only if no separate agreement has been made.
8.1. The applicant may withdraw from the tour at any time before the start of the tour by means of a written declaration, unless other withdrawal conditions have been agreed in the booking confirmation. The date of the withdrawal will be that of the receipt of the declaration of withdrawal.

8.2. If the applicant and thus the entire group withdraws or does not start the trip for reasons (except for unavoidable, extraordinary circumstances) for which the organiser is not responsible, the organiser can demand reasonable compensation for the travel arrangements made and the associated expenses. When calculating the compensation, usually saved expenses and other usages must be considered. Senlac Tours will calculate a lump sum for this compensation according to the proximity of the time of withdrawal to the contractually agreed start of the trip in the following proportion to the price of the trip:

8.3. Cancellation for bus tours: 20% up to the 31st day before departure; 50% up to the 21st day before departure; 60% up to the 14th day before departure; 80% up to the 6th day before departure, and 92% from the 5th day before departure up to the day of departure or in the event of non-commencement of the tour.

8.4. Cancellation for rail travel: 20% up to the 31st day before departure; 50% up to the 21st day before departure; 70% up to the 14th day before departure; 85% up to the 6th day before departure; and 95% from the 5th day before departure until the day of departure or in the case of a no-show.

8.5. Cancellation in case of own arrival: 20% up to the 31st day before departure; 35% up to the 21st day before departure; 55% up to the 14th day before departure; 70% up to the 6th day before departure; and 85% from the 5th day before departure until the day of departure or in the case of a no-show.

Services already booked such as insurance packages, theatre or entrance tickets are not refundable.

 

9. WITHDRAWAL OF INDIVIDUAL PARTICIPANTS IN A GROUP

9.1. Should individual participants withdraw from a group booking with Senlac Tours, Senlac Tours will endeavour to keep the costs as low as possible. If individual participants withdraw, transport costs will always be incurred (e.g. seat on the bus, ferry) and these must be compensated in full.

9.2. For the part of the tour price not affected by transport, the following cancellation costs apply: 20% up to 28 days before departure; 25% for 27-21 days before departure; 50% for 20-15 days before departure; 75% for 14-7 days before departure, and 90% of the total tour price for 6-0 days before departure. Cancellation fees are also payable if the tour participant does not start the trip or does not start it on time. Services already booked, such as insurance packages, theatre or entrance tickets, are not refundable.

9.3. In the event of cancellation of free places, neither a refund nor a subsequent claim will be made.

9.4. Rebookings are deemed as a cancellation with subsequent re-registration. Fees shall only be charged if Senlac Tours itself incurs costs. The replacement of individual tour participants by third parties is permitted for a flat fee of € 15 per person to cover the additional costs incurred.

 

10. WITHDRAWAL AND TERMINATION BY SENLAC TOURS

Senlac Tours may withdraw from the contract before the start of the tour or terminate it after the start of the tour in the following cases: behaviour of the client in breach of contract, extraordinary circumstances such as war, civil unrest, strike, sovereign orders, epidemics or natural disasters.

If Senlac Tours is prevented from fulfilling the contract due to extraordinary and unavoidable circumstances, Senlac Tours may withdraw from the contract before the start of the tour. In this case Senlac Tours must inform the applicant immediately and explain the reason for the withdrawal. In this case Senlac Tours shall no longer be entitled to the tour price.

If the description of the tour expressly and in the booking confirmation refers to a specific minimum number of participants and the cancellation deadline, Senlac Tours may cancel the tour if the minimum number of participants has not been reached. Senlac Tours shall inform the client in writing immediately after becoming aware that the number of participants has not been reached, at the latest 91 days before the start of the tour. The amount paid by the client for the tour will be refunded immediately.

Furthermore, Senlac Tours may withdraw from the contract without observing any deadlines if, despite a warning, a disruption on the part of the client is not remedied. This shall also apply in the event of conduct in breach of contract on the part of the applicant and the tour participants and shall accordingly lead to immediate termination of the contract. The claim to the tour price shall remain with Senlac Tours. Costs for extra expenses and return transport shall be borne by the causer.

 

11. DATES WITH IMPLEMENTATION GUARANTEE FOR SMALL GROUPS.

Small groups that do not completely fill the bus provided by Senlac Tours can, on request, be transported together with other groups by the tour operator in one bus. If, in exceptional circumstances, Senlac Tours is unable to carry out a tour due to an insufficient number of participants or for reasons caused by the service provider, the affected group shall be entitled to compensation to the amount of €250 in form of a travel voucher. This voucher is valid for 12 months and can only be redeemed with Senlac Tours.

 

12. WARRANTY AND LIABILITY

The applicant will receive a guarantee certificate with the booking confirmation. In the event of insolvency of Senlac Tours, the insurance company named in the guarantee certificate shall be entrusted with settling the claim against presentation of the guarantee certificate.

Senlac Tours is not liable for disruptions to services or defects in connection with services that are marked as external services and are merely arranged. This applies especially to additional programmes at the destination. The basis for liability is therefore exclusively derived from the contractual conditions of these suppliers/service providers. The applicant will receive these conditions on request.

Senlac Tours undertakes to provide the tour in such a way that it has the guaranteed characteristics and is not afflicted with defects which nullify or reduce the value or suitability for the assumed use under the contract.

Senlac Tours cannot be held liable for changes to the programme due to external influences such as traffic conditions, traffic jams, weather, changes to the departure times of ferries etc. at short notice. If the travel services are not in accordance with the contract, the applicant may demand redress. Senlac Tours may refuse redress if this requires disproportionate effort. Complaints must be reported immediately to the local tour guide or their representative. Senlac Tours will endeavour to remedy the specific travel defect or provide a substitute service. In doing so, the applicant is obliged to take all reasonable steps to contribute to resolving the problem and to keeping any damage that may arise to a minimum. Any breach of the applicant's duty to cooperate may result in the loss of any further claims against Senlac Tours. The applicant may demand a corresponding reduction in the tour price for the duration and scope of a service not provided in accordance with the contract. The reduction shall not apply if the applicant fails to report the defect.

Senlac Tours shall be liable for material damage not attributable to negligence or wilful intent, limited to three times the tour price. This maximum amount of liability applies per tour and passenger.

 

13. LIMITATION PERIOD

Claims for non-contractual performance of the tour must be claimed by the applicant in writing against Senlac Tours within one month of the contractually agreed end of the tour. Claims for failure to provide the tour in accordance with the contract shall become time-barred six months after the contractually agreed end of the tour. Claims arising from unlawful acts shall become time-barred after three years. The assignment of claims of a tour participant against Senlac Tours to third parties is excluded. Likewise, the judicial assertion of the tour participant's claims by third parties in their own name is inadmissible. The client may only sue the tour operator at its registered office.

 

14. DATA PROTECTION

All information provided by the applicant necessary for the trip will be electronically processed, used, and stored. European, British, and German data protection laws apply. Further information is available at www.senlactours.com/privacy-policy/.

 

15. MISCELLANEOUS

The applicant is solely responsible for compliance with passport, visa, customs, foreign exchange, and health regulations. All disadvantages and costs arising from non-compliance with these regulations shall be borne by the applicant. Information of all kinds is provided to the best of our knowledge, but without guarantee. Current travel advice and warnings for travellers can be viewed at www.auswaertiges-amt.de/en

Senlac Tours recommends taking out travel cancellation insurance. Senlac Tours recommends taking out additional insurance to cover local medical expenses and repatriation costs in the event of illness, accident, or death. However, Senlac Tours has no further obligation to advise or inform about further insurance options and their insurance conditions, or the coverage or the scope of insurance.

The postal risk lies with the applicant. We reserve the right to make corrections in the event of printing or calculation errors. The invalidity of individual provisions of the travel contract shall not result in the invalidity of the entire contractual conditions; rather, invalid individual provisions shall be supplemented by interpretation in accordance with the contract and the law. The place of jurisdiction and fulfilment is the head office of the organiser.