Travel Terms and Conditions and Terms of Payment

1. Conclusion of your Travel Contract

1. By signing the travel registration based on our travel brochures, you are making a binding offer to us for the conclusion of a travel contract. The travel contract comes into force upon our acceptance of your registration at our headquarters at Obernzell. We will inform you about acceptance, for which no special form is required, by sending you the travel confirmation/invoice. Travel agencies will act as intermediaries only.
2. In the event that you have not been provided with our travel terms and conditions and terms of payment upon your telephone registration, we will send them to you along with the travel confirmation/invoice. If you do not object to them within 10 days of receipt - in the event of late bookings, i.e. 10 days prior to departure, immediately - the travel contract shall have been concluded on these terms and conditions.
3. The data provided to us are protected in accordance with the Bundesdatenschutzgesetz (German Federal Law for Data Protection).
4. If there is any discrepancy between the content of the travel confirmation/invoice and the content of the registration, we are bound by this offer for a period of 10 days. The contract shall be deemed concluded on the basis of this new offer if you state your acceptance within a reasonable time. This may also be done by payment.
5. Please contact us immediately if you, as the 'lead booking name', have not received your travel documents at least 5 days prior to departure. In this case, provided that you have made your payment, we will send your travel documents to you immediately. Flight trips require ticket pick-up at the airport and proof of payment no earlier than one day prior to departure. If you do not contact us and you do not commence your trip due to missing travel documents, we are required to treat this as a cancellation subject to charges.

2. Payment

1. Please transfer the deposit of 150 EUR per person as indicated on the travel confirmation/invoice and/or the attached transfer slip within one week after you have received the travel confirmation/invoice. The premium for the insurance shall be due upon payment of the deposit. The balance of the price of your travel arrangements must be paid 30 days before your departure without any further demand for payment. Provided that we offer payment by direct debit and you confirm your agreement in writing, the amount will be debited directly from your account at the same time. In any case a Certificate of Insurance will be sent or given to you before payment/direct debit, because your payments on the travel price are insured against insolvency in accordance with § 651 k BGB (German Civil Code). The Certificate of Insurance will be sent to you along with the travel confirmation/ invoice.
2. If we are unable to confirm your travel registration or if you have not accepted our alternative offer, we will immediately refund any deposit paid by you.

3. Services and Prices

1. The specifications in our brochure in the form which has become the contractual basis shall govern the scope of contractual services as well as the relating specifications in the travel confirmation/invoice. Any supplementary agreements which change the scope of the contractual services shall be explicitly confirmed.
2. Your trip shall start and end - depending on the duration of the stay which you have booked - on the departure date and arrival date indicated in our brochure respectively.
3. Flight tickets shall be valid on the indicated travel days only. If you wish to make any changes we will do our best to provide alternative carriage on account.
4. If you fail to make use of any services which you have paid for, we can only grant a partial refund if the service provider issues a voucher. However, we cannot do so for irrelevant services.
5. Prices are per person for accommodation in double rooms unless expressly stated otherwise. The booking of half a double room for one adult accompanied by a child under the age of 12 is available on request.
6. If you wish to extend your trip, please contact our local representative in good time. Such extension of your trip is only possible if your hotel room will not yet be occupied. The recall will then be made within the scope of available capacity. In the event that a change of the departure airport originally booked becomes necessary due to the extension of the trip, no claim can be made for substitute carriage. The price for the extension of your trip will be charged, unless otherwise stated, based on the seasonal price of one extra week in our catalogue.

4. Amendment of Services and Prices

1. Any changes or variations of individual elements of the travel services from the arranged travel contract which become necessary after the conclusion of the contract and which have not been caused by us in bad faith, are only permitted if such changes or variations are not major and do not affect the overall character of travel arrangements. Any warranty claims shall remain unaffected if the services changed contain any errors or faults. Please obtain information on the exact flight itinerary from our local representative between 48 hours and 24 hours before your return flight. If you fail to do so and you miss your flight you will be charged any additional costs caused thereby.
2. If a flight must be re-routed to an airport or destination other than that which has been confirmed in the arrangements at our instance or the instance of a transport company, we will bear the cost of the substitute carriage - up to the amount of a second class rail ticket or more - to the airport/destination originally arranged.
3. We reserve the right to change the price agreed in the travel contract as required in the event of an increase in carriage costs or the charges for certain services, such as airport charges. Such price increases shall be made as follows: should the current carriage costs, especially fuel costs, increase upon conclusion of the travel contract, we may increase the price for the travel arrangements according to the following calculation:
   1. We may charge the additional costs in the event of a seat-related increase in costs of carriage.
   2. In other cases the additional costs charged by the transport company per means of transport will be divided by the number of seats of the agreed means of transport. We may charge the additional costs calculated in this manner for the individual user.
      Should any costs existing upon conclusion of the travel contract such as airport charges increase for us, we may increase the price for the travel arrangements on a pro-rata basis accordingly.
      An increase is only permitted if there is a maximum period of 4 months between the conclusion of the travel contract and the contractual travel date and if the circumstances causing the increase had not occurred upon conclusion of the travel contract and were not predictable for us at that time.
      In case of a subsequent change of the travel price we will inform you immediately. Any price increases as of the 20 th day before departure shall be ineffective. In the event of any price increase in excess of 5%, you may cancel the contract free of charge or you may request participation in a trip of at least the same value if we are able to offer such a trip to you from our range without charging additional costs. You are required to assert these rights promptly after being notified of the price increase.
4. You are entitled to the rights stated above even in the event of major changes of your travel arrangements and they shall also be asserted immediately after notification of such major changes.

5. Cancellation of the Contract, Change of Reservation, Substitute Customers

1. You may cancel your travel arrangements at any time before commencement of your trip. Your travel order number must be indicated in your cancellation of the contract. In your own interest and to avoid any misunderstanding, we urgently recommend that you state the cancellation in writing. The date when Patricio Travel GmbH receives your written cancellation shall be regarded as the date of your cancellation.
2. If you cancel your travel contract or do not commence your holiday, e.g. because you missed your connection, we may charge an appropriate compensation fee for travel arrangements provided and expenses incurred. When we calculate the compensation fee, we usually take into consideration other possible uses of the travel services.
3. The precise amount of the refund is determined by the travel price. These charges are based on how many days before your booked departure we receive your cancellation notice. These charges are a percentage of the total cost of the booking for each traveller, charged per person or accommodation unit.
   1. Air travel

      Period before departure within which written notice of cancellation is received	% of total booking price
      30 days or more before departure	25%
      29-15 days before departure	40%
      14-7 days before departure	65%
      less than 6 days before departure	80%
      on departure day or if you do not commence your holiday	90%

   2. Car travel

      Period before departure within which written notice of cancellation is received	% of total booking price
      22 days or more before departure	20%
      21-15 days before departure	30%
      14-7 days before departure	45%
      less than 6 days before departure	55%
      on departure day or if you do not attend	75 %

   3. These charges are rounded up to full Euros
   4. In case of differing cancellation conditions and rebooking conditions for offers and special services, these will have priority.
   5. You are free to prove that no costs were actually incurred or the cost incurred were considerably lower than shown in the aforesaid charges or cancellation regulations shown in the catalogue. The tour operator may claim higher damages, if applicable.
4. We kindly ask you not to request any changes of your travel arrangements until you have received our travel confirmation/invoice. When asking for changes please indicate your travel order number. If any changes are requested after the booking (concerning travel date, destination, accommodation, mode of transportation or departure airport) we will charge appropriate rebooking fees. The change from a confirmed booking to an advance booking is not possible.
5. If the 'lead name' is replaced by any third party we are authorised to charge the additional costs incurred for this reason per party and substitute customer as applicable. The 'lead name' and substitute customer are liable as joint and several debtors to pay the travel price. We may object to the change in the 'lead name' if he or she does not comply with the requirements of the trip or this conflicts with any legal regulation or official order.
6. If two or more persons have booked a double, twin or other shared room and there is no substitute customer for a 'lead name' who has cancelled the trip, we may demand the full price for the room or, if possible, accommodate the remaining parties elsewhere.

6. Travel Insurance

• No travel cancellation insurance is included in the booking price. We strongly recommend that such an insurance is taken out when the trip is booked. For your own safety we recommend a package travel insurance or, as appropriate, our basic insurance. We have concluded a frame contract with EUROPEAN TRAVEL INSURANCE AG, branch office in Germany , on favourable conditions. For further information please see the advertisements in our catalogue. When an insured event occurs, you are required to inform us immediately so that we can send you the appropriate documents. We are not concerned with the adjustment of claims.

7. Cancellation of the Contract by the Tour Operator

1. If a minimum number of customers is expressly indicated and this number is not achieved, we reserve the right to cancel the holiday no less than 4 weeks before departure date. In this event you will promptly receive a refund of all payments made.
2. If it is unacceptable for us to realise the booked travel arrangements although we have done our utmost to make it possible, for example, because the number of travellers booked for a particular trip is so small that our travel arrangement costs would not be covered, we reserve the right to cancel the holiday no less than 4 weeks before the date of departure, provided that we offer you suitable alternative arrangements. We are not entitled to cancel the contract if we are responsible for the circumstances which led to cancellation or we cannot prove such circumstances. If you do not make use of our alternative offer, all payments will be promptly refunded.

8. Force Majeure

• In case of considerable complications, endangerments or impairments by events of Force Majeure unforeseeable upon conclusion of the travel contract, either party is entitled to cancel the contract according to § 651 j German Civil Code.

9. Warranty

1. In the event that any travel service is not performed at all or is not performed as provided in the contract, you may demand corrective actions within an acceptable period of time. We reserve the right to render a substitute service of the same or higher value by way of corrective action. However, we may refuse such corrective action if it requires disproportionate expenses. After your return from the trip you may assert a claim for reduction of the purchase travel price if any travel services were not performed as provided in the contract and you did not culpably fail to report them on-site in time.
   You may cancel the travel contract subject to the terms of the contract if a trip is considerably impaired because of any deficiency and if we do not take corrective action within an appropriate period of time. You may also cancel the travel contract or if there is no requirement to set a deadline because corrective action is impossible or is refused or if the cancellation of the contract is justified because of any special interests on your side. Please do so in written form in your own interest.
2. If an impairment of service occurs, you are required to take all actions subject to the terms of contract to help eliminate the impairment and to keep the damage minor. If your luggage is lost or damaged during air travel, you are required to report such loss immediately on the premises (Property Irregularity Report = P.I.R.) to the airline which has carried out the carriage. According to the airlines' Conditions of Carriage, the said loss report is usually a precondition for the assertion of your claims. In any other cases our tour operator shall be notified. We are not liable for the loss or damage of any valuables or money in your checked luggage.
3. Our tour agencies are not authorised to admit any claims.

10. Liability and Limitation of Actions

1. According to the Warsaw Convention the air carrier only assumes limited liability (also for loss or for damage of the luggage) and only based on fault. Carriage shall take place on the basis of the terms and conditions of the particular transport company, which can be made available upon request. Our rights and obligations subject to the Reisevertragsgesetz (German act governing travel contracts) and these conditions shall not be limited by the conditions of the particular transport company. We shall not be liable for any impairment of services, injury to persons and damage to property in connection with services that are only rendered as external services (i.e. sport events, excursions, rental cars etc.) and which are explicitly identified as external services in the travel publication and in the confirmation, even if the local representative attends these special events.
2. Our liability resulting from the travel contract for any losses incurred, excluding injuries to persons, shall be limited to a maximum of three times the costs of your travel arrangements
   1. provided that the loss incurred by a traveller was unintended and not grossly negligent or
   2. we are responsible for any loss incurred by a traveller only due to any fault of a service provider.
3. Our liability is excluded or limited if the service provider's liability is also excluded or limited according to any international agreement or statutory provisions based upon them.
4. In case of property damage we are liable for claims for damages, if resulting from unlawful acts that are not based upon intent or gross negligence, per customer and per travel for losses of property up to a maximum of 4000 EUR or three times the cost of the travel arrangement. Possible claims exceeding this amount remain unaffected according to the Montreal Convention relating to travel luggage. In this context we recommend the conclusion of a package travel insurance and/or basic insurance.
5. Travel agencies are not authorised to admit claims.
6. Any contractual claims made by the traveller are subject to a limitation period of one year, beginning on the day on which the trip should finish according to the travel contract. If any negotiations about claims raised by you are pending, the limitation of time is suspended until you or we refuse the continuation of the negotiations. The limitation of time shall come into effect no earlier than 3 months after the end of the suspension of the limitation period. Claims for damages resulting form unlawful acts concerning injuries to persons or killing are subject to a limitation period of 3 years.

11. Passport, Visa and Health Regulations

• Please note the information provided by us on passport, visa and health instructions of your destination, as you are solely responsible to fulfill any such requirements. Any disadvantages arising from non-compliance will be at your expense. The said information applies to citizens of the Federal Republic of Germany (FRG), holding a passport or identification card issued by the FRG.

12. General Terms and Conditions

1. All brochure specifications are published subject to legal or official approval. Details of this brochure are valid as of press date.
2. Upon publication of a new brochure, all previous information about identical destinations and dates will become invalid.
3. We shall not assume liability for misprints or miscalculation.
4. Should any part of these terms and conditions be ineffective, this shall not affect the effectiveness of the remaining provisions.