Terms and Conditions of AWAYFROMITALL GmbH & Co. KG (hereafter AWAYFROMITALL)
AWAYFROMITALL is a provider of exclusive travel products. It offers customized individual trips at the highest level, especially into remote areas. The exclusivity of the hotels and other service partners in those destinations requires the acceptance of the terms and conditions of our service partners and the forwarding of these terms to our customers.
1. CONCLUSION OF THE TRAVEL AGREEMENT
1.1 By signing the enrollment document the customer offers the conclusion of a travel contract between himself and AWAYFROMITALL GmbH & Co. KG.
1.2 Enrolling requires no specific form. The applicant enrolls for all participants listed in the application. The applicant is responsible for contractual obligations as well as for his own obligations, as long as he has taken such responsibility in a separate declaration.
1.3 The travel contract is binding for AWAYFROMITALL as soon as the reservation and the price of the trip is confirmed to the customer in writing. At or immediately after the conclusion of the contract, the customer receives a travel confirmation.
1.4 If the content of the confirmation differs from the content of the application, AWAYFROMITALL has set up a new offer, which is binding for AWAYFROMITALL for a period of 10 days. The contract is concluded on the basis of this new offer if the customer declares his acceptance within the commitment period to AWAYFROMITALL.
1.5 The employees of our travel agent and agents have no authority to issue declarations, in particular to confirm inquiries or give other statements.
1.6 When booking, the customer is being informed about the identity of the operating air carrier(s) – in accordance with Regulation (EC) 2111/2005, unless the flight performance is not part of a bundling of travel services through AWAYFROMITALL. If flight arrangements have not been fixed when booking, a disclosure of the identity of the likely operating air carrier will be the next step. Once the identity is finally determined, a corresponding notification will follow. In the event of a change of operating air carrier after booking, the customer will be informed immediately. The list of air carriers that are subject to an operating ban in the EU is available at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm
2.1 Upon receipt of the written confirmation and delivery of the security note in compliance with § 651 k Abs. 3 BGB is, unless otherwise agreed in individual cases, a deposit of 20% of the price needs to be paid. The final payment is due 60 days prior to departure, unless otherwise agreed in individual cases, and that conduct of the journey has been confirmed. For bookings made less than 60 days prior to departure, the full trip cost is due, immediately after the receipt of the travel confirmation and delivery of the security note in compliance to § 651 k Abs. 3 BGB.
2.2. The travel documents will be sent to the customer after receipt of the final payment by AWAYFROMITALL.
2.3. Without full payment of the price the customer is not entitled to the benefit from any of travel services booked. If full payment has not been received by AWAYFROMITALL 5 days before departure, no delivery of the original documents is possible.
2.4. If a deposit or the final payment is not being received in time and if no payments are being made even after a deadline has passed, AWAYFROMITALL is entitled to withdraw from the contract. In case of withdrawal because of a failure to pay, AWAYFROMITALL is entitled to demand cancellation fees (see 7.2.)
2.5. Costs for additional services such as visa applications, etc., are, unless expressly stated in the specifications, not included in the price. If such costs occur, they shall be payable to AWAYFROMITALL, the travel agency or the respective tour operator.
3. TRAVEL INSURANCE
3.1 A trip cancellation insurance and a return transport insurance are not included in the tour price. A trip cancellation insurance, a return transportation insurance and further insurances (health insurance, baggage insurance, trip cancellation insurance…) are strongly recommended. By paying the deposit, the insurance premium is due as well. Any insurance agreement will only become effective upon payment of the premium.
3.2. Subsequent purchase a trip cancellation insurance is only possible within 14 days after receipt of the invoice / confirmation. Please note that if you book 14 days before the trip start date, any kind of insurance needs to be completed on the day of booking or the day after. Our partner for trip cancellation – insurance and the insurance package is KAERA corporate and private insurance AG. AWAYFROMITALL is not involved in the settlement of claims.
3.3 Booking additional insurances, except for trip cancellation – insurances and packages that include a trip cancellation insurance, are possible until the day of departure.
4.1 Services included in the trip packages can be obtained in the specifications of AWAYFROMITALL in catalogs, flyers, the internet and from any related stipulated details in the travel confirmation. However AWAYFROMITALL expressly reserves the right to declare a change services included before the contract becomes effective. Of course the customer will be informed before booking.
4.2. It is expressly noted that AWAYFROMITALL takes no responsibility for the accuracy of references submitted by its partners.
4.3 If a trip with half or full board is advertised, the specified boarding starts with the first dinner in the destination country and ends with breakfast on the last day in the destination country, unless otherwise advised.
5.1 Changes or deviations in individual travel services from the agreed contents of the travel contract, which become necessary after conclusion of contract and which have not been brought about by AWAYFROMITALL in bad faith, are only permitted if the changes and deviations are not substantial and do not impair the overall shape of the tour. Possible warranty claims remain unaffected, especially if the amended services are defective.
5.2 AWAYFROMITALL is obliged to inform the customer about service changes or deviations immediately. If necessary, AWAYFROMITALL will offer the customer change in booking free of charge or a free cancellation.
5.3 In the event of a substantial change to an essential travel service, the customer is entitled, without charge, to withdraw from the contract or to request a comparable service, if AWAYFROMITALL is able to offer such a service without additional cost to the customer. The customer has to assert these rights immediately after the declaration by AWAYFROMITALL on the amendment of the travel service against the same.
6. PRICE REVISION
AWAYFROMITALL reserves the right to change the agreed price in the contract in case of an increase of transportation costs, charges of the cost of certain services (such as airport fees etc.), exchange rates etc. after the conclusion of the contract accordingly as follows:
6.1 If the transportation costs increase after the conclusion of the travel contract, especially fuel costs, AWAYFROMITALL can increase the tour price according to the following calculation:
a) if the increase is a ‘by seat’ increase, AWAYFROMITALL may demand the customer to pay increase amount.
b) In other cases, additional transportation costs (as a whole) are divided by the number of seats in the agreed means of transport. AWAYFROMTALL may demand the resulting increased amount for individual seats from the individual customer.
6.2 If duties, such as port or airport charges against AWAYFROMITALL increase after the conclusion of the travel contract, the travel price may be increased by the appropriate proportionate amount.
6.3 If a change in exchange rates after conclusion of the travel contract occurs, the travel price can be increased to the extent in which the travel has become more expensive for AWAYFROMITALL.
6.4 Price increases may be required only 6 to 21 days prior to departure to the foregoing provisions of this paragraph. An increase is only permissible if more than 4 months lie between the conclusion of the contract and the agreed travel date is more than 4 months and the circumstances that are leading to the increase had not occurred nor could be foreseen when the conclusion of the contract by AWAYFROMITALL.
6.5 In the event of a subsequent change of the travel price, AWAYFROMITALL has to inform the customer immediately after its discovery. In case of increase of the price by more than 5%, the customer has the right to withdraw from the contract. He may instead require the participation in an equivalent other trip, if AWAYFROMITALL is able to offer such a trip without additional cost to the customer. The customer has to assert these rights immediately after the declaration of AWAYFROMITALL against the same.
7. CANCELLATION BY THE CLIENT, CHANGE IN BOOKING, STAND-BY
7.1 The customer can withdraw from the contract prior to departure. It is of substantial importance at which point in time cancellation reaches AWAYFROMITALL. The customer is recommended to declare the cancellation in writing. The customer is obliged to return any travel documents that should already be in his possession. If the customer withdraws from the travel contract or fails to participate in the journey, AWAYFROMITALL may demand compensation for the travel arrangements made and for its expenses. When calculating the necessary compensation, services saved and the potential stand-by use of travel services are taken into account. If a payment has been made by credit card, the disagio of 2% for the pre-paid amount will not be refunded.
7.2. AWAYFROMITALL can calculate this compensation either in compliance with § 651 I, 2 sentence 3 BGB or make an estimate or a lump sum that is subject to the following breakdown (that depends on the time of the cancellation to the contractually agreed beginning of the trip) as a percentage of the travel price as follows:
• Until 31 days before departure 30% of the total price
• from the 30th day before departure 30% of the price
• from 22 days before departure 35% of the price
• from the 15th day before departure 50% of the price
• from 7th day prior to departure 75% of the price
• from the 3rd day before departure 90% of the price
• until the day of departure or non-arrival (no-show) 90% of the price.
7.2.1 Cancellation fees for bookings of heli-ski packages of all kinds:
• Until 61 days before departure 20% of the total price
• from 60 days prior to departure or non-arrival (no-show) 90% of the price booked for the customer
Helicopter flights booked for AWAYFROMITALL clients are subject to strict cancellation policies of helicopter flight providers imposed against AWAYFROMITALL.
7.3 The customer may choose to proof, that AWAYFROMITALL had no or a significantly smaller financial loss than the demanded compensation or lump sum. Should the financial loss of AWAYFROMITALL, incurred by the cancellation of the client, be higher than the standard amounts under point 7.2, this higher amount is payable by the customer.
AWAYFROMITALL strongly recommends a travel cancellation insurance (see point 3). These insurances can cover the cancellation costs in accordance with their policies for insured risks.
7.4 Cancellations of parts of a trip (if possible at all) are regarded as a change of booking. However, only a one-time processing fee of 15 euros will be charged for the cancellation of insurance packages. Excluded from this is the trip cancellation insurance.
7.5 In case of a cancellation of the entire travel contract, the insurance packages can also be canceled. However, this does not apply to the travel cancellation insurance, which remains in effect in any case.
7.6 If a customer requests changes for a trip (changes to the travel date, the destination, the place of departure or place of return, the hotel, the airline booking (rebooking) etc., AWAYFROMITALL will charge a rebooking fee of 50 Euros per person if this change is made up to 60 days before departure. Booking changes that take place later than 60 days before departure, may, provided that its implementation is possible at all, only be done after the withdrawal from the existing travel contract to conditions described in 7.2 and 7.3..
This does not apply to rebooking requests causing only minor costs. The cost of an change in booking at that time will be at least 100 Euros extra per person.
7.7 until the day of departure a customer can demand that a third party enters into the rights and obligations of the existing travel contract. AWAYFROMITALL may deny the entry of the third party, when he/she does not meet the travel (also physical) requirements or his participation transgresses legal regulations or administrative orders. If a third party enters into the contract, the third party and the customer are mutually responsible to pay AWAYFROMITALL the total price of the trip and any extra cost that arises because of the entry of the third party into the contract.
7.8 In case of cancellation AWAYFROMITALL may require the customer to pay any additional costs actually incurred.
8. WITHDRAWAL AND TERMINATION BY AWAYFROMITALL
In the following cases AWAYFROMITALL may withdraw from the contract or cancel the contract after commencement of the journey:
8.1 Without notice
If the customer disrupts the execution of the trip despite a warning by AWAYFROMITALL, or if he/she violates the contract to such an extent that immediate cancellation of the contract is justified. If AWAYFROMITALL pulls this option, it retains its claim to the travel price; AWAYFROMITALL must, however, credit the value of the saved expenses and the benefits they may accrue through alternative utilization of unused capacities, including their refunds paid by the respective service providers.
8.2 Until 60days before departure
AWAYFROMITALL is entitled to withdraw from the travel contract, in case of failure to achieve the minimum number of participants, if
a) in the respective travel description the minimum number of participants is mentioned and the date up to which the customer must have received the cancellation, has been given and
b) in our acceptance (booking confirmation) the minimum number of participants and the latest cancellation deadline clearly is stated or has been referred to in the relevant information of the tour.
8.3 The withdrawal is to the customer to the 60 at the latest. to declare days prior to departure. 8.4 If the trip is due to failure to achieve the minimum number of participants not carried out, the customer will receive the already paid to the travel price payments without delay provided that he does not use a spare supply of AWAYFROMITALL.
9. EXCEPTIONAL CIRCUMSTANCES – ACTS OF GOD
9.1 If the trip is becoming very difficult to conduct, due to unforeseeable force majeure (for example, war, civil unrest, natural disasters, etc.) then both AWAYFROMITALL and the customer can terminate the contract. If the contract is canceled, AWAYFROMITALL can demand reasonable compensation for the services already provided or for services that are necessary for the completion of the journey. In case of a cancellation before the tour start by AWAYFROMITALL, the customer is entitled to demand participation in another trip of equal shape, if AWAYFROMITALL is able to offer such a journey without additional cost. The customer has to indicate if he/she wants to pull that option immediately after the announcement of the cancellation by AWAYFROMITALL. If the customer does not pull the option to participate in an equivalent trip, he/she is being re-embursed the full amount of the trip.
9.2 Furthermore AWAYFROMITALL is obliged to take all necessary measures, in particular, if the contract includes return transportation, to take care of return transportation to customers. The additional costs for the return transportation AWAYFROMITALL and the customer each pay half. Moreover, the additional cost of the customer has to bear.
10. REMEDY / PRICE REDUCTION / TERMINATION / DAMAGE COMPENSATION
Should the trip or parts of the trip not be conductable as stated in the contract, the customer may claim remedy. AWAYFROMITALL can choose to solve the situation by providing an equal or higher value substitute activity (or similar). AWAYFROMITALL may refuse remedy if it requires a disproportionate effort.
10.2 Reduction of the travel price
The customer may demand a reduction of the price upon return from the trip (reduction), if travel services were not provided as stated in the contract and he/she did not culpably fail to report the defect. The tour price is shall be reduced by the ratio that compares the value of travel in a faultless state at the time when the travel contract was made and the actual value.
10.3 Termination of the contract
If a trip is showing a serious defect and AWAYFROMITALL should not find a remedy within reasonable time, the customer may terminate the contract. The same applies if it is unreasonable for customer to start the trip, due to deficiencies and circumstances, that are recognizable for AWAYFROMITALL. Setting a deadline for the remedy is not necessary, if finding a remedy is impossible or is refused by AWAYFROMITALL or if the immediate termination of the contract is justified by a special interest of the customer. If the contract is subsequently canceled, the customer retains the right to return transportation. He/she owes AWAYFROMITALL the portion of the total price of the trip or services that have been consumed be the customer, if these were of interest to him/her. In the interest of the customer and for evidence reasons AWAYFROMITALL recommends to declare the cancellation in writing.
10.4 Damage restitution for non-performance
The customer may demand damage restitution for non-performance, unless AWAYFROMITALL cannot be made responsible for that defect/these defects.
11. LIMITATION OF LIABILITY
11.1 The contractual liability of AWAYFROMITALL for damages other than personal injury is limited to the triple of the travel price,
• if the damage to the customer was caused neither intentionally nor through gross negligence or
• if AWAYFROMITALL is responsible for the loss or damage incurred solely because of a service provider.
11.2 For all claims of damage restitution directed against AWAYFROMITALL because of unlawful act, that are not based on intent or gross negligence, AWAYFROMITALL bears liability for property damage to a maximum of 4100 Euro. If the triple travel price exceeds this amount, the liability for property damages is limited to the triple tour price. These maximum liability amounts apply per traveler and per trip. Additional claims relating to baggage loss remain unaffected by this limitation according to the Montreal Convention. AWAYFROMITALL highly recommends a travel accident and baggage insurance (see point 3).
The customer is also strongly recommended not to schedule important meetings directly for the day of return or the day after due to possible delays, unforeseeable changes, in particular changes in air traffic.
11.3 A claim for damage restitution against AWAYFROMITALL is limited or impossible, if – according to international agreements or statutory provisions, that can be applied to a service provider’s deliverables – a claim for damage restitution against the service provider is valid only under certain conditions or is excluded under certain conditions. AWAYFROMITALL explicitly relies on such liability limitations.
11.4. If AWAYFROMITALL takes the position of a contractual air carrier, liability is determined by the provisions of the Aviation Act in conjunction with the applicable international agreements. These agreements usually limit the liability of the air carrier for death or bodily injury, loss and damage of luggage. Unless AWAYFROMITALL acts as a service provider in other cases, it adheres to the rules of these provisions.
11.5. AWAYFROMITALL is not responsible for disturbances in connection with services which are merely arranged as external services (for example: exhibitions, excursions, theater, sporting events, etc.) and which are expressly referred to as third party services, nor is AWAYFROMITALL liable for tours and excursions that are being booked at the resort by the customer directly, even though they might be offered in one of our marketing materials.
12. OBLIGATION TO COOPERATE
12.1 The customer is obliged to cooperate in the occurrence of disruptions in the framework of the statutory provisions, to avoid possible damages or to minimize them.
12.2 The customer has the obligation to immediately report complaints to the local tour management. This is asked to take remedial action, if possible. The travel agent is not authorized to make statements to claims for damages. If no guide is available AWAYFROMITALL must be notified at its registered address.
13. EXCLUSION OF CLAIMS AND LIMITATION
13.1. Claims for non-contractual provision of travel components (§§ 651 c to 651 f BGB) have to be asserted within one month after the contractually agreed end of the journey towards AWAYFROMITALL (address see item 20). AWAYFROMITALL recommends a written assertion in the interest of the customer. After the deadline, the customer can only assert claims if he/she has been prevented from meeting the deadline.
13.2. Customer claims under §§ 651 c to 651 f BGB lapse after one year. However, this does not apply to contractual claims, which are directed to the compensation of body or health damages or that are based on an intentional or grossly negligent breach of AWAYFROMITALL, its legal representatives or its agents. Such claims are limited to 2 years. The period begins with the day on which the journey should end according to the contract. If negotiations between the customer and AWAYFROMITALL on the claim or the circumstances are pending, the limitation period is suspended until the customer or AWAYFROMITALL refuses to continue negotiations. Limitation shall become effective no earlier than 3 months after the suspension ends. Tort claims lapse after three years.
13.3. The assignment of claims against AWAYFROMITALL is excluded. This does not apply to accompanying family members.
14. PASSPORT, VISA AND HEALTH REGULATIONS
14.1 AWAYFROMITALL informs nationals of the country in which the tour is offered about provisions of passport, visa and health regulations as well as any possible changes. Citizens of other countries need to refer to the respective consulate
14.2. AWAYFROMITALL cannot be made liable for the timely delay and receipt of necessary visas by the respective diplomatic representation if the customer has instructed AWAYFROMITALL to get those on his/her bealf, unless AWAYFROMITALL can be made responsible for the delay. The customer is responsible for complying with all important regulations that are important for the performance of the tour him/herself. For obtaining visas etc. from the relevant sites, you must reckon with an approximate period of about 8 weeks.
14.3. AWAYFROMITALL explicitly refers to the relevant data provided in catalogs and travel documents relevant for the customer’s travel arrangements. All disadvantages, especially the payment of cancellation fees, arising from non-compliance with these regulations, are at the customer’s expense, except when they are due to culpably incorrect or deficient information provided by AWAYFROMITALL.
14.4 Check with AWAYFROMITALL whether a passport is required for your travel or if an identity card is sufficient. Ensure that the passport or ID card for travel has sufficient validity. Children can be registered in the passport of an accompanying parent. For some countries, a separate children’s pass is required.
14.5. The customer should be informed in time about infections and vaccinations and other prophylactic measures; if necessary, medical advice should be sought about thrombosis and other health risks. Please refer to general information, particularly the information of public health authorities, travel medicine information services or the Federal Centre for Health Education.
14.6. For certain countries, specific vaccination certificates are required, that may not be more recent than 8 days and not older than 3 years (smallpox) or 10 years (yellow fever). Such vaccination certificates are required by the German authorities after returning from certain countries (for example, Africa, Middle East). For relevant information, please refer to the catalog and contact AWAYFROMITALL.
15. CUSTOMS AND CURRENCY REGULATIONS
Customs and currency regulations are very strict in certain countries. Please check carefully and follow the rules strictly.
16. SEVERABILITY OF CERTAIN PROVISIONS
The ineffectiveness of individual provisions of the travel contract does not invalidate the entire travel contract, nor the provision of these conditions affect the validity of the whole of the said conditions.
All information, published by AWAYFROMITALL (service descriptions on services, programs, dates, timetables, prices and travel conditions) reflect the state at the time of printing. With the publication of new tenders (brochures, Internet, etc.) or price lists all previously published publications on identical offers and dates become invalid.
18.1 Jurisdiction for lawsuits by customers against AWAYFROMITALL is Hof / Saale.
18.2 For complaints of AWAYFROMITALL against the customer the residence of the customer is decisive, unless the action is directed against traders or those who move their domicile or habitual residence abroad after the conclusion of the contract, or whose domicile or habitual residence at the time the action is not known. In these cases, the base of AWAYFROMITALL shall prevail.
19. TOUR OPERATOR
AWAYFROMITALL GmbH & Co. KG Managing Director: Tilman Held, Am Schlegler Berg 2, 95213 Muenchberg, Germany
District court: Hof / Saale, HRA 4386, these terms and conditions were last changed on 1.2.2016