- Written by Volker Alsen
General Conditions Posada Nena (GTC)
These Conditions of Use apply when booking a trip to Costa Rica, Panama or Venezuela with Posada Nena as a travel agent. Room reservations at Posada Nena are covered by the valid hotel right in Costa Rica.
1 Registration / travel confirmation
1.1 By registering, the offers travelers the tour operator, the conclusion of a binding travel agreement. The application may be made in writing, orally, by telephone or by electronic means (e-mail). For electronic bookings, the tour operator shall acknowledge receipt of the booking immediately by electronic means. This acknowledgment of receipt does not constitute confirmation of the acceptance of the booking order.
The registration is carried out by the traveler for all participants listed in the application for whose obligations the traveler as for his own obligations, unless he has taken on a separate obligation by express and separate declaration. The traveler is bound to the registration until the adoption by the tour operator, but not later than 14 days from the date of registration.
1.2 The travel contract is concluded with the adoption by the tour operator. The traveler gets to the tour operator a written travel confirmation. Deviates from the content of the confirmation of the contents of the application, is expressly stipulated in the confirmation. To this new offer, the tour operator is bound 10 days. The contract is concluded on the basis of this new offer if the traveler declares his acceptance within ten days.
1.3 These terms and conditions apply exclusively for self-organized tours by Posada Nena travel.
1.4 For individual services, which are only obtained as external services, the tour operator acts only as an intermediary. In these trips or achievements expressed are the business and travel conditions of the foreign contracting partner.
Second payment / delivery of travel documents
2.1 Upon conclusion a deposit of min. 20% of the travel price is due no later than 7 days after receipt of the travel confirmation / invoice. In individual cases, with blocks such as Camps & Tours on the Osa Peninsula, up to 100% of the block price will be due because these services to 100% by the organizer must be paid at time of booking.
2.2 The deposit may be used by tour operators only after delivery of the chattel paper in the sense of § 651 k BGB Section 3 are received and will be deducted from the price.
2.3 The remaining holiday balance is due no later than 28 days prior to departure.
2.4 For bookings made less than 28 days prior to departure, the full price is payable immediately upon delivery of the chattel paper.
2.5 If the requirements of the due date of the tour price are met, there is no right to demand that the travel services for the traveler without full payment of the price of rice. For transfer of full payment of the price to the account of the tour operator is relevant.
2.6 The travel documents will be handed over to the passenger after his election in receipt of full payment or sent.
2.7 The tour operator is entitled to resign and claim damages for non-performance by the traveler from the contract if the latter has the overdue tour price is not paid following a warning and a reasonable time limit.
2.8 Cancellation Compensation, processing and transfer fees and insurance premiums are due immediately.
3.1 The scope of contractual services resulting from the performance specifications of the tour operator and the expressly agreed with the traveler as well as the special requirements related thereto, the agreement subsequently reproducing information in the booking confirmation.
3.2 The information contained on the website of the organizer are binding. However, the tour operator reserves the right not to be explained by objectively justified, substantial and unforeseeable reasons prior to closing a change of specific travel services in the travel brochure, of which the traveler is informed before the booking.
3.3 For the above reasons, the tour operator reserves, moreover, expressly to declare a change prior to closing of the concrete road price of the tour description, of which the traveler is informed before the booking.
3.4 Travel Agents and Tour Guides are not authorized to give the contents of the travel contract differing representations or amendments or make supplementary agreements.
4.1 Changes or deviations of individual travel services from the contractually agreed content of the travel contract, which become necessary after conclusion of the contract and which have not been brought about by the tour operator in good faith, are only permitted if the changes or modifications are not substantial and not the overall form of the tour affect. In such a case, adequate replacement services are offered.
4.2 Any warranty claims remain unaffected insofar as the altered services are flawed.
4.3 The tour operator is obliged to inform the passengers sat immediately in writing of any changes or deviations. If necessary, the tour operator will offer the traveler a free transfer or a free cancellation.
4.4 The tour operator reserves the right to the prescribed and agreed with the reservation prices in the case of increases in transportation costs, especially fuel costs, or charges for certain services such as port or airport fees and entry fees or a change in applicable to the holiday concerned exchange rates ( cost factors) according to the following calculation each change, the corresponding increase amount is added to the price.
Increase the existing at the conclusion of the travel contract transport costs, especially fuel costs, the tour operator can increase the specific amount of travelers require for an related to the raised seat.
In the other cases, the transportation enterprise per means of transport required, additional transportation costs are divided by the number of seats on the means of transport. The thus resulting, specific amount of increase may require the respective travelers, the tour operator.
If the existing at the conclusion of the travel contract charges such as port, airport fees or entry fees will be increased, the tour operator may require the proportional share, concrete increase amount by each traveler.
In case of changes in the exchange rate after the conclusion of the contract, the tour operator may require the appropriate proportionate increase amount of increase in the price of each traveler.
A price increase is only permitted if there is a period of more than 3 months between the conclusion and the agreed travel date.
4.5 The tour operator has such a price change towards the passenger or
Having to explain the change of an essential travel service immediately from the change reason. However, a price increase must be received no later than the end of the 21st day prior to the departure date, the traveler. Price increases after this date are no longer permitted.
4.6 If the price increases by more than 5% or a substantial change in an essential travel service the traveler is entitled, without charge withdraw from the contract or to demand participation in an equivalent hotel, if the tour operator is capable of such a trip at no extra cost offer the traveler from his offer.
4.7 The customer must assert these rights immediately after the declaration of the tour operator against the same.
5 Cancellation by the tour, transfers, replacement people
5.1 The traveler can withdraw at any time prior to departure of the trip. The date of receipt of the cancellation with the tour operator or his receiving competent people. The tour operator expressly recommends declaring the withdrawal in writing.
5.2 If the traveler from the contract or does not take the trip, the tour operator may charge a reasonable compensation. The amount of compensation is determined by the travel price less the value of any savings from the tour operator expenses, and of what he may acquire by other use of travel services.
5.3 The tour operator can for each trip type, taking into account the usual savings of expenses and the date and departure date set by other use of travel services usually possible acquisition, and near the time of the resignation compensation in a percentage of the tour price in accordance with the following structure (flat-rate ):
In all organized by the tour operator Travel arises until 212 days prior to departure compensation (processing fee) from 50, - Euro per person and
from the 120th to the 96th day before departure 5%
from the 95th to the 46th day before departure 15%
from the 45th to the 29th day before departure 25%
from 28 to 15 days before departure 45%
from 14 to 7 days prior to departure 75%
From the 6th day prior to departure 90% of the price.
5.4 The traveler is at any time entitled to prove that the damage of the tour operator in reality little or saved expenses are higher or damage did not occur.
5.5 Until the start of the journey, the traveler may demand that his place a third party enters into the rights and obligations arising from the travel contract. The tour operator may object to the entry of the third party, if it does not meet the travel requirements, or his participation in statutory provisions or official ordinances. If a third party enters into the contract, so he and the passenger liable to the organizer as joint debtors for the travel price. Due to the entry of the third additional costs incurred
5.6 Once this Agreement is subject to the approval of the traveler within the temporal scope of the tour a change in the services of the travel contract or the travel price at any time. For rebooking wishes of the traveler to the travel date, the destination, the place of departure, the property or the contract of carriage, a rebooking fee per traveler in the amount of 30,00 € will, if the request will be levied.
5.7 rebooking wishes of the traveler after the cancellation deadlines can only be done by canceling the travel contract and simultaneous registrations to the changed travel. It grab the rulings in § 5 of these Terms and Conditions.
5.8. Any additional costs incurred as a result of or in connection with alterations to the planned itinerary from lying in the client's personal reasons during the voyage, shall be borne by the customer and must be paid immediately to the respective claimants with emergence. These additional costs include, for example, Expenses arising from the delayed arrival of customers to the departure or prepared travel or costs for an early return from a hike or excursion because of ailment, illness or accident (p.e. helicopter trip transport, hospital and hotel stay also for the accompanying person) . If the tour operator to meet an acute emergency, in submission, as the expenditure incurred by tour operators amounts after completion of the travel must be reimbursed immediately.
5.9 Travel insurance:
against risks that may occur in connection with a trip, especially in trip cancellation or discontinuation, the traveler can insure. We strongly recommend such insurance and close it off to the customer when he commissioned us when booking it.
6 Cancellation by the tour operator
The tour operator may resign in the following cases before the voyage from the contract or cancel the contract after commencement of travel:
6.1 The tour operator may cancel the contract for cause without notice. Tour leader or local representative of the organizer is authorized to explain the cancellation. One important reason may be in particular, if the traveler does not meet the previously announced special travel requirements or if it interferes with its conduct the itinerary sustainable or endangered and is the even after a warning has not been remedied or can be remedied. In the event of such termination, the tour operator reserves in principle the right to the tour price, but the value of the saved expenses and benefits must be credited, which are obtained from any other use of the unutilized services, including any amounts refunded by the service providers .
6.2 Failure to comply with an advertised or officially stipulated minimum number of tour operators may withdraw from the contract if it is pointed in the tour for the corresponding travel on a minimum number of participants. In any case, the tour operator is obliged to inform the traveler immediately after the onset of the condition for the non-implementation of the travel occur and shall send him the notice of withdrawal immediately. The tour operator may withdraw from the trip up to the 21st day prior to departure, if the concrete in the tour announced minimum number of participants is not reached. The traveler receives the monies paid back immediately. Further claims of the customer do not exist.
7 Force Majeure
7.1. The tour operator may cancel the contract at an unpredictable, force majeure, if made more difficult the journey, endangered or would be impaired. In this case also the traveler is the termination permitted. If the contract is canceled, the tour operator may charge a reasonable compensation for the services or for the completion of the journey still to be provided travel services.
7.2. Furthermore, the tour operator is obliged to take the necessary measures, in particular if the contract includes return transport to repatriate the traveler. The additional costs for the return transport is to be shared by both parties. Moreover, the additional costs are the traveler.
8 liability of the tour operator
8.1 The tour operator is liable under the duty of care of a prudent businessman
- The conscientious travel preparations;
- The careful selection and monitoring of service providers;
- The accuracy of the description of all travel services, provided that the tour operator has not declared in accordance with paragraph 1 before concluding a change to the information on the trip;
- The proper provision of the contracted travel services, on condition that he is the organizer.
In the event that the tour operator acts only as agent of travel services, he has worked with the diligence of a prudent businessman
- To get the retail travel performance and strive for this purpose to conclude the contract;
- To provide the necessary advice and information and
- To do everything possible to properly handle the main contract.
9.1 If the trip is not provided under the contract, the traveler may demand redress. The tour operator can remedy by providing an equivalent compensation. The tour operator may also refuse the remedy, if it requires a disproportionate effort.
9.2 For the duration of a non-conforming provision of travel, the traveler may demand an appropriate reduction of the price (reduction). The tour price shall be reduced in the proportion which would have existed at the time of sale, the value of the trip in a faultless state and the actual value stood. The reduction does not apply if it culpably omits the traveler to report the defect.
9.3 If a trip is due to a defect substantially impaired and the tour operator within a reasonable time does not help, then the traveler under the statutory provisions can the travel contract - expedient by a written statement in his own interest and for reasons of securing evidence - notice. The same applies if the traveler the trip due to deficiencies, the tour operator determinable reasons can not be expected. A deadline for redress not only need it if remedy is impossible or is refused by the tour operator or if the immediate termination of the travel contract by a special interest of the traveler is justified. It owes the tour operator, the amounts attributable to services used part of the tour price, provided that the benefits were of interest to him.
9.4 The traveler may demand without prejudice to the reduction or termination damages for non-performance, unless the lack of travel is based on a circumstance for which the tour operator is not responsible.
10 Limitation of Liability
10.1 The liability of the tour operator for damages other than personal injury is limited to the tour price, provided that the damage traveler was caused intentionally or through gross negligence or if the tour operator for the traveler incurred damage is responsible solely through the fault of a service provider.
10.2 The tortious liability of the tour operator for damage to property not based on intent or gross negligence is limited to three times the price. This maximum amount applies per customer and travel. Possible further claims in connection with luggage under the Montreal Convention remain with the restriction unaffected.
10.3 The Tour Operator is not liable for malfunctions in connection with services, which are only obtained as external services (eg sports events, theater performances, exhibitions, travel programs, etc.) and which have been expressly identified as third party services.
10.4 Apply to one of a service provider to be provided travel service international agreements or based on such statutory provisions under which he is entitled to compensation only under certain conditions or restrictions or may be asserted or may be excluded under certain conditions, so can the tour operator towards the passenger refer to them.
11 Exclusion of claims and limitation
Claims for non-contractual rendering of the journey has to be made within one month of the contractual end of the trip against the Posada Nena SA of travelers. After this period, the traveler may only be asserted if it has been prevented through no fault of meeting the deadline. Claims of the traveler to § § 651c to 651f BGB become time-barred one year. The period begins with the date on which the defect is notified to the tour operator.
12 Duty to cooperate
The traveler is obliged to cooperate in impairment of performance in the context of the legal provisions to avoid possible damage or to minimize them. In the case of complaints, he is obliged to give this immediately to the local tour guide noted. This is asked to take remedial action, if possible. Any failure of the traveler culpably to notify a defect, a claim for reduction cannot.
13 Passport, visa and health regulations
13.1 The Tour Operator undertakes to inform citizens of the country in which the tour is offered on the necessary passport and visa requirements, in particular to the period for obtaining these documents, as well as any changes prior to departure. Possibly other passport and visa requirements, of which the relevant consulate information apply to nationals of other countries. In addition, the tour operator has to inform the travelers about the necessary health regulations and possible changes prior to departure.
13.2 The traveler is responsible for compliance with all important for the passport, visa and health regulations.
13.3 Any disadvantages, in particular the payment of cancellation fees, that arise from non-compliance with this provision shall be borne. This does not include costs which are caused due to negligent false or non-information by the tour operator.
14 Invalidity of individual provisions
Invalidity of individual provisions of the contract does not invalidate the entire travel contract.
15 Place of Jurisdiction
15.1 Headquarters of the tour operator is Santa Ana, Costa Rica.
15.2 In proceedings of the tour operator against the traveler, the residence of the traveler shall prevail, unless the suit is directed against entrepreneurs or persons that do not have a general place of jurisdiction in Germany, or against persons who, after conclusion of the contract domiciled or ordinarily resident have moved abroad or whose domicile or habitual residence at the time of action is not known. In these cases, the seat of the tour operator is relevant.
Errors in prices and dates are subject.