General Terms & Conditions of Behind the Mask Travel GmbH

1.Conclusion of the travel contract

1.1 With your booking or travel booking you offer the Behind the Mask Travel GmbH (hereinafter called BTM) the conclusion of the package travel contract binding. The registration can be made in writing, verbally, by telephone, by fax or electronically (e-mail, Internet) and is considered a firm booking by the customer. BTM informs the traveler about the essential characteristics of the journey before conclusion of the travel contract in accordance with Art. 250 §§ 1, 3 to 5 and 7 EGBGB. BTM provides the traveler with a form with the essential characteristics of the booking. If the contract is concluded, the information on the form will be the content of the package travel contract, unless the parties have expressly agreed otherwise.

1.2 The application is also made by the applicant for all participants included in the application for whose contractual obligations the applicant is responsible as well as for his own obligations, provided that he has accepted a corresponding separate obligation by means of an explicit and separate declaration.

2.Payments

2.1 With contract conclusion (acceptance of the registration by BTM) 25% of the travel price are due. Diving safaris, group tours and individually designed travel programs may be subject to different regulations. Deviating terms of payment will be handed out upon quotation. BTM has taken out insolvency insurance to hedge its client funds. The security certificate will be sent to you with the travel confirmation or invoice.

2.2 The balance will be due when it is clear that your trip will be carried out as planned. Unless otherwise specified this will be 8 weeks before departure.

2.3 he amounts for arrival and final payment and, if applicable, cancellation result from the confirmation or invoice. The fees in case of cancellation (see clause 5) as well as processing and rebooking fees (see clauses 5 and 6) shall become due immediately.

2.4 If due payments are not made or are not fully paid, BTM is entitled to rescind the contract after unsuccessful reminder and setting a deadline, unless there is already a considerable travel shortage at this time. In the event of withdrawal from the contract in accordance with the previous sentence, BTM may demand compensation in accordance with sections 5.2 and 5.4

2.5 costs for ancillary services such as visas, etc., are not included in the tour price unless expressly stated in the offer.

3.Services

3.1 The scope of the contractual services results from the form (1.1) and the details in the travel confirmation. BTM reserves the right to declare any changes before conclusion of the contract and to inform the traveler.

3.2 Deviating services in own brochures or websites of the service providers as well as special requests, which change the scope of the contractual service, are only binding if they are expressly confirmed in the form and the travel confirmation or invoice of BTM.

3.3 For third-party services of other companies that are expressly conveyed in a foreign name, such as Rail & Fly tickets, flight only, rental cars, excursions and other events, BTM is not liable as a tour operator. Liability for placement errors is limited to intent and gross negligence.

3.4 In accordance with EU Regulation No. 2111/2005 of 14.12.2005, the tour operator is obliged to inform the customer about the identity of the operating airline for all air transport services to be provided in the course of the booked travel before concluding the contract. That is why BTM will tell you at the time of booking which airline company will carry out the flight.

4.Performance and price changes, cancellation

4.1 Changes and deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and have not been brought about by good faith by BTM, are permitted unless they are significant and do not affect the overall layout of the booked travel. Any warranty claims remain unaffected, in particular insofar as the changed services are subject to defects. BTM undertakes to inform the customer immediately about changes in performance or deviations, insofar as this is possible and the deviation is not only insignificant and reasonable for the customer even without special notice.

4.2 In the case of liveaboard-cruises, decisions about necessary changes to the journey time and / or routes, for example for safety or weather reasons, are made only the captain.

4.3 BTM reserves the right to change the price agreed in the travel contract accordingly in the event of an increase in transport costs, in particular fuel costs or other energy sources, or charges for certain services such as port or airport charges.

4.4 In case of a subsequent change of the travel price BTM has to inform the customer immediately. Price increases from the 20th day before departure are ineffective. For price increases of more than 8 percent, BTM offers the price increase to the customer and requires that the traveler either accept or decline the offer after a reasonable period of time. If the customer does not respond to the offer, it will be deemed accepted after the deadline. If the customer does not accept the offer, he / she may withdraw from the travel contract without fees or demand to participate in an at least equivalent trip, if BTM is able to offer such a trip from its offer at no extra cost to the customer. The reciprocal rights and obligations referred to in this paragraph shall also apply in the event of a permissible change in a significant travel service. The above does not apply to a change after departure.

4.5 The customer may request a reduction in the price of the journey if prices, duties or exchange rates are changed after the conclusion of the contract and before the start of the journey, resulting in lower costs for the tour operator. In this case, BTM refunds the customer the excess amount. BTM is entitled to deduct the actual administrative expenses incurred from the excess amount to be reimbursed. Overpaid amounts of the customer according to Section 4.4, which arise from the offer to change the contract or participation in a replacement trip, which is not at least equivalent quality, are the customer acc. §651m para. 2 p. 1 BGB.

5.1 Before the start of the journey, the customer can withdraw from the travel contract at any time, as long as this cancellation is done in writing and this notification has reached BTM before the departure date.

5.2 BTM may demand reasonable compensation (see 5.4) for the travel arrangements and expenses made, as far as the resignation is not his sole responsibility. Decisive for the calculation of the replacement is the travel price taking into account the period between the declaration of resignation and the start of the journey.

5.3 Compensation is also payable if a passenger does not arrive at the respective departure airport or place of departure in time for the times stated in the travel documents, with respect to the lost costs and services delivered.

5.4 The compensation will be calculated after the date of receipt of the notice of cancellation and according to Section 5.2 as follows for each guest.

For package tours, hotel and modular packages:

• at any time before departure                      30 % of the package price
• from 3 months before departure                90 % of the package price
• one week before departure                         100 % of the package price

For Liveaboards & group travels:

• until 90 days before departure                    30 % of the total price
• from 90 days before departure                   100 % of the total price

The customer agrees that these compensations are the correct display of the delivered services by BTM between booking and departure, based on factors such as but not limited to hours performed, financial risks taken, difficulty to resell spots on late cancellation.

5.5 Insofar as the notice of a travel (travel proposal) or its confirmation or invoice refers to special cancellation conditions, the latter have priority.

5.7 Rebookings are considered as withdrawal with subsequent new registration. For transfers, a processing fee of Euro 150 per person will be charged. Additional costs incurred by service providers will be charged separately. The registered participant and the replacement person are jointly and severally liable for the travel price and the additional costs incurred by the replacement person.

6.Unused services

If the traveler does not use all or part of the travel services, there is no entitlement to refund of the equivalent value by BTM. BTM will seek the reimbursement of the saved expenses from the service providers, but is not obliged to do so.

7.Warranty

7. a) Redress, §651k BGB

If a travel service is not provided or not in accordance with the contract, the traveler can demand redress. BTM can also remedy the situation in such a way that an equal or higher value replacement is provided. BTM can refuse the remedy if it is impossible or requires a disproportionate effort.

1. b) Reduction of the travel price, §651m BGB

For the duration of a non-contractual provision of travel services, the traveler may demand a corresponding reduction of the travel price. The price of the journey must be reduced in proportion to the value at the time of sale of the value of the journey in immaculate condition. The reduction does not occur, as far as the traveler culpably fails to notify the tour operator immediately (without culpable hesitation). The rights resulting from a reduction of the travel price become time-barred pursuant to Art. §651j S.1 BGB within two years, as described in section 12.1.

1. c) Termination of the travel contract, §651l BGB

If a journey is significantly impaired as a result of a defect and BTM does not remedy the situation within a reasonable period of time, the traveler may terminate the travel contract within the scope of the legal provisions – in his own interest and in written form is recommended for reasons of evidence. The same applies if the traveler can not reasonably be expected to travel due to a lack of good BTM reasons. The determination of a time limit for the remedy does not need only if remedy is impossible or is denied by BTM or if the immediate termination of the contract is justified by a special interest of the traveler. If the contract is canceled thereafter, the traveler retains the right to be returned. He owes BTM only the portion of the travel price attributable to the services used, if these services were of interest to him.

 

1. d) Damages, §651n BGB

The traveler may demand compensation for non-performance, without prejudice to the reduction or termination, unless the defect of the journey is due to a circumstance for which BTM is not responsible. He may also claim damages for useless vacation time if the trip has been thwarted or significantly impaired.

8. Obligation of the traveler to cooperate

8.1 If the traveler has not received his own travel documents in time before departure, he must notify the tour operator immediately, as well as in case of errors.

8.2 In the event of any disruption to performance, the traveler is obliged to notify his complaints to the local travel agency or agency without delay and to write a mutual written protocol. This is commissioned to provide remedy, if possible. If a local tour guide or agency is not available or cannot remedy this performance, complaints must be reported immediately to the service providers or the headquarters of the tour operator under our 24h emergency number +49 176 55771225 or marcel@behind-the-mask.com. At the request of the traveler, the local tour guide or agency must make a record of the complaints. The tour guide or the agency is not authorized to provide legally binding explanations. If the traveler does not comply with these obligations, he is not entitled to any claims for reduction.

9.Exclusion of claims

Warranty claims and claims of the traveler according to §§ 651k – 651n BGB from the injury to life, body or health, which are based on an intentional or negligent breach of duty by BTM or a legal representative or vicarious agent of BTM, shall lapse after two years. The period of limitation begins with the day on which the trip should end the contract. If there are any negotiations between BT and BTM about the claim or the circumstances giving rise to the claim, the statute of limitations shall be suspended until the traveler or the organizer refuses to continue the negotiations. The statute of limitations occurs at the earliest three months after the end of the inhibition.

10.Passport, visa, customs, foreign exchange and health regulations

10.1 BTM advocates that nationals of the state in which the travel is offered be informed of passport, visa and health regulations and any changes they may have prior to travel. The responsible consulate provides information for nationals of other states

10.2 BTM cannot be held liable for the punctual issuance and receipt of necessary visas by the respective diplomatic representation if the traveler has commissioned BTM, unless the delay is justified by BTM.

10.3 The traveler is responsible for the observance of all important regulations for the execution of the journey. All disadvantages, in particular the payment of cancellation fees, which arise from the non-compliance with these regulations, shall be borne by him, except if they are caused by a culpable wrong or non-information of BTM.

11.Liability of Behind the Mask Travel

11.1 In the context of the due diligence of a prudent businessman, BTM is liable for the conscientious preparation of the journey, the careful selection and monitoring of the service providers, the correctness of the service descriptions and the proper provision of the contractually agreed travel services.

11.2 The contractual liability of BTM for damage, which is not personal injury, is limited to a total amount of three times the travel price, as far as a damage of the traveler is neither intentional nor grossly negligent brought about by BTM.

11.3 Liability for damage to property is limited to the amount of three times the travel price for all claims for damages against tortious acts that are not based on intent or gross negligence. These maximum liability limits apply per traveler and journey. Any further claims under the Montreal Convention or the Aviation Act remain unaffected by the restriction.

11.4 BTM shall not be liable for performance disturbances in connection with services that are only provided as external services (eg excursions, rental cars, events, etc.), if these services in the travel description and the travel confirmation or invoice and explicitly stating the brokered contract partner as Third-party services must be marked in such a way that they are clearly not part of the travel services of BTM for the customer. In the same sense, BTM shall not be liable for travel restrictions due to the traveller’s medical, vaccination or other personal status that has not been specifically communicated to BTM before booking.

11.5 A claim for damages against BTM is limited or excluded insofar as due to international conventions or legal regulations based on the services to be provided by a service provider, a claim for damages against the service provider can be asserted only under certain conditions or restrictions or excluded under certain conditions.

11.6 The transport of the passenger is based on the conditions of the respective transport company, which are made available on request. The rights and obligations of BTM and the Traveler under the Travel Contract Law and these Detailed Terms of Travel are not limited by the terms and conditions of the respective Carrier.

11.7 If the Traveler is entitled to compensation or reimbursement of any amount overpaid as a result of a reduction, the Traveler must be credited with the amount due for the same event as compensation or reimbursement as a result of a reduction under international conventions or by on such statutory or European directives or regulations.

12.Insurance

The conclusion of a travel cost cancellation, luggage, travel accident and travel health insurance is urgently recommended, the organizer is not liable for damage caused to the traveler due to a lack of insurance. It is mandatory for divers to have a dive insurance that covers the costs incurred in the event of a diving accident (e.g. Dive Assure). We can arrange such insurance on request.

13.Health, Sports & Diving programs

By registering, the participant declares that there are no medical concerns regarding participation in the trip and participation in sports and diving programs and other activities. It is recommended to seek medical check-up before departure. During all activities and diving programs the instructors, guides and other supervisors are to be obeyed. Violations may result in immediate exclusion without any right of reimbursement. Participants who book a dive package insure with their registration that you have the corresponding diving experience.

14.Ineffectiveness of individual provisions

The ineffectiveness of individual provisions of the travel contract does not entail the ineffectiveness of the entire travel contract.

15.General

15.1 The correction of errors as well as printing and calculation errors remains reserved.

15.2 All personal data provided to the tour operator are protected under DSGVO against any misuse.

15.3 If the Behind the Mask Travel GmbH acts only as a travel broker, then in addition to our terms and conditions, the travel conditions of the mediated and named on the bill organizer apply.

 

Responsible for this content

Behind the Mask Travel GmbH

Thalbacher Str. 23 | D-85368 Moosburg a. d. Isar

Tel: +49 (0) 176 5577 1225

www.behind-the-mask.com/travel

marcel@behind-the-mask.com

Geschäftsführer: Marcel Wilpernig

Amtsgericht München HRB 252541

Umsatzsteuer-Identifikationsnummer gemäß § 27 a Umsatzsteuergesetz: DE32674590