General Terms and Conditions Tour Operator / Agency
The ISLA PASSIÓ team will always strive to make your vacation as pleasant as possible. You should therefore know exactly what services you can expect from us and what obligations you are entering into. Please read the following travel conditions, because with your telephone or written booking (by e-mail) you accept our regulations.
1. conclusion of contract
The travel registration, which can be made in writing, verbally or by telephone, becomes binding upon receipt by ISLA PASSIÓ. As the person registering, you are liable for all contractual obligations of the participants listed by you in the registration or travel confirmation. With your travel registration on the basis of our offer, you make a binding offer to us to conclude the travel contract. The travel contract is concluded when we accept the registration. We will also inform you of the acceptance, for which no special form is required, by sending you a written travel confirmation/invoice. Please inform us immediately if you, as a travel applicant, have not received your travel documents from us at least 14 days before departure. In this case, we will send the travel documents immediately against proof of payment or hand them over one day before the day of travel at the latest, provided that you have paid. If you do not notify us and do not start the trip due to missing travel documents, we must treat this as a withdrawal with costs, unless there is already a travel defect justifying withdrawal at this time.
2. payment
After receipt of the written travel confirmation/invoice and handover of the security certificate within the meaning of § 651r BGB, a deposit of 30% is generally due, unless third-party services are involved. However, a security certificate shall only be issued if ISLA PASSIÒ acts as tour operator and several travel services are bundled into a package travel contract. When arranging individual travel services, such as a hotel booking only, ISLA PASSIÒ acts as an agent and is not obliged to issue a security certificate.
The prices charged for third-party services, which are shown separately, must be paid in full by the traveler to ISLA PASSIÒ immediately upon receipt of the invoice before the start of the trip, as otherwise the third-party provider may have a right of retention and claims for damages. Please note that different payment terms may apply when arranging other services or service providers, which will be communicated to you separately. The deposit will be deducted from the tour price. The remaining amount is due 30 days before the start of the trip against delivery of the travel documents. In the case of last-minute registrations within the 30-day period, the entire amount is due immediately and before departure.
In addition to bank transfers (free of charge), payments by credit card (2% fee) or PayPal (2% fee) are also accepted. In the event of late payment or only partial payment of the tour price, ISLA PASSIÒ may withdraw from the contract and possibly demand compensation (cf. regulation under point 5). In the event of non-payment or partial payment, ISLA PASSIÒ reserves the right to refuse access to the rental property on site or to withhold other travel services. If the rental customer fails to make payment on the agreed dates and ISLA PASSIÒ therefore has to send a reminder, we shall be entitled to charge a flat-rate reminder fee of up to € 10 per reminder as well as default interest of 8% above the prime rate of the European Central Bank on the payment claims.
ISLA PASSIÒ has taken out insolvency insurance to protect the customer's money. You will only receive a security certificate for bookings where ISLA PASSIÒ acts as a tour operator within the meaning of § 651r BGB.
3. services / prices
For the scope of the contractual services, the service descriptions in our offer/website, as they have become the basis of the contract, and the information referring to them in the travel confirmation/invoice are binding. Additional agreements that change the scope of the contractual services require express written confirmation. This also applies to any deviation from the written form clause. Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which were not brought about by ISLA PASSIÓ in bad faith, are only permitted insofar as the changes and deviations are not significant and do not affect the overall design of the booked trip. However, the tour operator expressly reserves the right to declare a change to the information in the brochure before the contract is concluded, about which the traveler will of course be informed before booking. If necessary, he will offer the customer a free rebooking or a free withdrawal. In the event of a significant change to an essential travel service, the traveler is entitled to withdraw from the travel contract free of charge or to request participation in a trip of at least equal value if the tour operator is able to offer such a trip from its range at no extra cost to the traveler. The traveler must assert these rights against the tour operator immediately after the tour operator's declaration of the change to the travel service.
Any warranty claims remain unaffected if the changed services are defective. If individual paid services cannot be used for attributable reasons, a partial refund can only be granted if the service provider issues a credit note, but not if the services in question are completely insignificant. Unless otherwise agreed in writing, the check-in time on the day of arrival is from 4 p.m., on the day of departure the finca/villa must be vacated by 10 a.m. at the latest. If these times are not adhered to without written permission from ISLA PASSIÓ (e.g. leaving the finca/villa after 10 am), ISLA PASSIÓ is entitled to charge the customer a fee of up to 2 days' rent plus the costs incurred by the late departure.
4. overcrowding
If the traveler accommodates more people/travelers than the maximum occupancy stated in the catalog/website without the permission of ISLA PASSIÓ, the following applies: In the event of over-occupancy, i.e. if the maximum occupancy stated in the catalog/website is exceeded, ISLA PASSIÓ may charge 80 % of the rental price per additional person as calculated from the maximum occupancy price pro rata per person.
5. resignation
Rental customers can withdraw from the trip at any time before the start of the trip. The withdrawal must be declared stating the travel order number. In the customer's interest and to avoid misunderstandings, we strongly recommend that the withdrawal is always declared in writing. The date on which ISLA PASSIÓ receives the declaration of withdrawal shall determine the date of withdrawal. If a customer withdraws from the travel contract or does not take the trip (e.g. due to missed connections), we can demand reasonable compensation for the travel arrangements made and our expenses. When calculating the compensation, expenses usually saved and other possible uses of the travel services must be taken into account. ISLA PASSIÓ as tour operator and agent expressly recommends the conclusion of a travel insurance policy. Travel cancellation insurance.
The following deadlines apply to trips organized by ISLA PASSIÓ as a tour operator:
- Cancellation up to 45 days before the start of the trip: 30% - Cancellation up to 22 days before the start of the trip: 40%
- Cancellation up to 15 days before the start of the trip: 60% - Cancellation up to 8 days before the start of the trip: 70%
- Cancellation up to one day before the start of the trip: 80% - Cancellation from the day of departure or in the case of No-show: 100% of the tour price.
In the case of finca/holiday apartment/hotel accommodation arranged by ISLA PASSIÓ, the amount depends on the price for the accommodation and the following deadlines:
As a rule, the cancellation fees that we have to charge in the event of your withdrawal from the trip are 30% up to 49 days before the agreed start of the rental period, 50% from the 48th to the 35th day before the agreed start of the rental period, 60% from the 34th to the 22nd day before the agreed start of the rental period, 90% from the 21st to the 14th day before the agreed start of the rental period and in case of no-show 100% of the rental price. For separate services such as flight tickets, which are not listed in the price list in the catalog/website and whose price is shown separately in the travel confirmation/invoice, the usual cancellation conditions of the service providers such as airlines apply, which we will inform you of on request. ISLA PASSIÓ will charge you these cancellation fees in the event of withdrawal.
ISLA PASSIÓ reserves the right to calculate the damage incurred in relation to the travel services not listed separately in accordance with § 651 i BGB. When calculating the specific compensation, expenses usually saved and other possible uses of the travel services are taken into account. You are at liberty to prove that no or significantly lower costs have been incurred than those stated in the above flat rates or in the cancellation regulations in the catalog/website.
If, at the customer's request, changes are made to the travel date, destination, place of departure, accommodation or mode of transport (rebooking) for a date that falls within the period of validity of the travel advertisement, the tour operator may charge a rebooking fee per traveler if the following deadlines are met. Any rebooking requests made by the customer after the above-mentioned deadlines have expired can only be carried out, if at all possible, if the tour operator withdraws from the travel contract under the above-mentioned conditions and makes a new booking at the same time. This does not apply to rebooking requests that only incur minor costs.
Up until the start of the trip, the traveler may request that a third party assumes the rights and obligations arising from the travel contract in their place. The tour operator may object to the entry of the third party if the third party does not meet the special travel requirements or if legal regulations or official orders prevent their participation. If a third party enters into the contract, he and the traveler are jointly and severally liable to the tour operator for the tour price and the additional costs incurred by the entry of the third party.
In the event of a withdrawal, the tour operator may demand the additional costs actually incurred from the customer.
6. service not utilized
If the traveler does not make use of individual travel services due to premature return or for other compelling reasons, the tour operator shall endeavor to obtain reimbursement of the expenses saved from the service providers. This obligation does not apply if the services in question are completely insignificant or if statutory or official regulations prevent reimbursement.
7. travel cancellation insurance
Due to the strict cancellation conditions and the associated high costs in the event of a risk, it is in your interest to take out travel cancellation insurance (RRV) when booking. ISLA PASSIÓ has concluded a framework agreement with Europäische Versicherung (ERV) on favorable terms and will take out RRV on your behalf at your request. The exact insurance conditions can be found in the policies enclosed with the travel documents.
8 Cancellation and termination by the tour operator
As the tour operator, ISLA PASSIÓ may withdraw from the travel contract before the start of the trip or terminate the travel contract after the start of the trip in the following cases:
Without notice: If the traveler persistently disrupts the performance of the tour despite a warning from ISLA PASSIÓ as the tour operator or if he/she behaves in such a manner contrary to the contract that the immediate cancellation of the contract is justified. If ISLA PASSIÓ as the tour operator terminates the contract, it shall retain its claim to the tour price; however, it must offset the value of the expenses saved as well as the benefits it obtains from any other use of the service not used, including the amounts credited to it by the service providers.
Up to 2 weeks before the start of the trip: If a minimum number of participants is not reached as advertised or specified by the authorities, if a minimum number of participants is stated in the travel advertisement for the trip in question. In any case, ISLA PASSIÓ as the tour operator is obliged to inform the customer of this immediately after the conditions for the non-performance of the tour have arisen and to forward the declaration of withdrawal to the customer without delay. The customer will be refunded the paid tour price without delay. If it becomes apparent at an earlier stage that the minimum number of participants cannot be reached, ISLA PASSIÓ as tour operator must inform the customer accordingly.
Up to 4 weeks before departure: If, after exhausting all possibilities, it is not reasonable for the ISLA PASSIÓ as tour operator to carry out the tour because the number of bookings for this tour is so low that the costs incurred by the ISLA PASSIÓ as tour operator if the tour were to be carried out would mean exceeding the economic sacrifice limit in relation to this tour. However, ISLA PASSIÓ as the tour operator shall only be entitled to withdraw from the contract if it is not responsible for the circumstances leading to this (e.g. no miscalculation) and if it can prove the circumstances leading to its withdrawal and if it has made the traveler a comparable alternative offer. If the trip is canceled for this reason, the customer will be refunded the paid travel price immediately. In addition, the customer will be reimbursed a lump sum for his booking expenses if he does not make use of an alternative offer from ISLA PASSIÓ as the tour operator.
9. termination of the contract due to exceptional circumstances
If the trip is made considerably more difficult, endangered or impaired as a result of force majeure unforeseeable at the time the contract was concluded, both ISLA PASSIÓ as the tour operator and the traveler may terminate the contract. If the contract is terminated, the tour operator may demand reasonable compensation for the travel services already provided or still to be provided at the end of the trip.
Furthermore, ISLA PASSIÓ as the tour operator is obliged to take the necessary measures, in particular, if the contract includes return transportation, to transport the traveler back. The additional costs for the return transportation shall be borne equally by the parties. Otherwise, the additional costs shall be borne by the traveler.
10 Liability of the tour operator
ISLA PASSIÓ as tour operator is liable within the scope of the duty of care of a prudent businessman for: 1. the conscientious preparation of the trip; 2. the careful selection and monitoring of the service provider; 3. the accuracy of the description of all travel services stated in the catalogs, unless the tour operator has declared a change in the brochure information prior to the conclusion of the contract in accordance with Clause 5; 4. the proper provision of the agreed travel services.
ISLA PASSIÓ as tour operator is liable for the fault of the person entrusted with the provision of the service.
11. warranty
Remedy: If the tour is not provided in accordance with the contract, the traveler may demand remedy. As the tour operator, ISLA PASSIÓ may refuse to remedy the situation if this would require disproportionate effort. As the tour operator, ISLA PASSIÓ may also remedy the situation by providing an equivalent substitute service. As the tour operator, ISLA PASSIÓ may refuse to remedy the situation if this requires disproportionate effort.
Reduction of the travel price: The traveler may demand a corresponding reduction of the travel price (reduction) for the duration of a non-contractual provision of the trip. The travel price shall be reduced in the same proportion as the value of the trip would have been at the time of sale in a defect-free condition to the actual value. The reduction shall not apply if the traveler culpably fails to report the defect.
Termination of the contract: If a trip is significantly impaired as a result of a defect and ISLA PASSIÓ as the tour operator fails to remedy the situation within a reasonable period of time, the traveler may terminate the travel contract within the framework of the statutory provisions - in his own interest and for reasons of preserving evidence, it is advisable to do so in writing. The same applies if the traveler cannot reasonably be expected to continue the trip as a result of a defect for an important reason recognizable to the tour operator. It is only not necessary to set a deadline for remedial action if remedial action is impossible or is refused by the tour operator or if the immediate termination of the contract is justified by a special interest of the traveler. The traveler shall owe ISLA PASSIÓ, as the tour operator, the portion of the tour price attributable to the services used, insofar as these services were of interest to the traveler.
Compensation: The traveler may demand compensation for non-performance, without prejudice to reduction or termination, unless the deficiency of the trip is due to a circumstance for which ISLA PASSIÓ as tour operator is not responsible.
12. limitation of liability
The contractual liability of ISLA PASSIÓ as tour operator for damages other than bodily injury is limited to three times the tour price,
1. insofar as damage to the traveler is caused neither intentionally nor through gross negligence, or
2. to the extent that ISLA PASSIÓ as tour operator is responsible for damage incurred by the traveler solely due to the fault of a service provider.
The organizer is liable for all claims for damages against the organizer in tort, which are not based on intent or gross negligence, for property damage up to EUR 4,100; if the triple travel price exceeds this amount, the liability for property damage is limited to three times the travel price. These maximum liability amounts apply per traveler and trip.
A claim for damages against ISLA PASSIÓ as the tour operator is limited or excluded insofar as a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions on the basis of international agreements or statutory provisions based on such agreements that are applicable to the services to be provided by a service provider.
If the tour operator has the status of a contractual air carrier, liability is governed by the provisions of the Air Transport Act in conjunction with the International Conventions of Warsaw, The Hague, Guadalajara and the Montreal Convention (only for flights to the USA and Canada). These agreements generally limit the carrier's liability for death or personal injury and for loss of or damage to baggage. If the tour operator is the service provider in other cases, it is liable in accordance with the provisions applicable to them.
If the tour operator has the status of a contractual shipowner in the case of cruises, liability is also governed by the provisions of the German Commercial Code and the Inland Navigation Act.
13. liability mediation
We are not liable for contractual claims for service disruptions, personal injury and property damage in connection with services which are merely arranged as third-party services (e.g. flights, RRV etc.) and which are expressly shown separately from the travel price of the vacation home in the travel description and confirmation and therefore represent third-party services. Our liability arising from the travel contract for damages that are not physical injuries is limited to the amount of three times the travel price, 1. insofar as damage to the traveler is not caused intentionally or through gross negligence or 2. we are responsible for damage incurred by the traveler solely due to the fault of a service provider. Our liability is excluded or limited insofar as the liability of a service provider is also excluded or limited due to international agreements or statutory regulations based on such agreements that are applicable to the services to be provided by a service provider. We are liable for all claims for damages in tort that are not based on intent or gross negligence and only relate to material damage, up to €4,100 per customer and trip for material damage or up to three times the travel price if this exceeds €4,100. Any further claims under the Montreal Convention in connection with baggage remain unaffected. In this context, we recommend taking out complete or basic cover via ISLA PASSIÓ. You must assert claims against us, if possible in writing, within one month of the contractually agreed end of the trip for failure to perform the trip in accordance with the contract. After this period has expired, you can only assert contractual claims if you were prevented from complying with the deadline through no fault of your own. Claims of the traveler according to §§ 651 c BGB to 651 f BGB expire after one year. The limitation period begins on the day on which the trip should have ended according to the contract.
14. duty to cooperate
The traveler is obliged to cooperate in the event of service disruptions within the framework of the statutory provisions and to avoid or minimize any damage. All complaints must be made immediately in writing in accordance with the travel confirmation: ISLA PASSIÓ, Carrer la Marina 29, 07659 Cala Figuera, Illes Balears, Spain also by e-mail: info@isla-travel.de. You can reach us by phone: +49 (0)4131 2201150, from Monday to Friday from 9.00 am to 6.00 pm (CET). Outside of these times and on all Sundays and public holidays, an emergency cell phone is available 24 hours a day, which is also listed in the travel documents and in the house book, as is the local tour guide. Please state your name, location, accommodation at the start of your trip and the travel number stated in the travel confirmation. If you culpably fail to make a complaint, there will be no reduction in the travel price. This only does not apply if the complaint is clearly futile or unreasonable for other reasons. We are also entitled to remedy the situation by providing a substitute service of equal or higher value. Remedy may also be refused if it requires disproportionate effort. If you wish to terminate the travel contract due to a travel defect of the type described in § 615 c BGB in accordance with § 615 e BGB or for an important, recognizable reason due to unreasonableness, you must first set us a reasonable deadline for remedial action. This shall only not apply if remedial action is impossible or is refused by us or if the immediate termination of the contract is justified by a special, recognizable interest on your part.
15 Exclusion of claims and limitation period
The traveler must assert claims against the tour operator for non-contractual provision of the tour within one month of the contractually agreed end of the tour. After expiry of the deadline, the traveler may assert claims if he was prevented from meeting the deadline through no fault of his own.
Claims of the traveler according to §§ 651 c to 651 f BGB are subject to a limitation period of one year. The limitation period begins on the day on which the trip should end according to the contract. If negotiations are pending between the traveler and the tour operator regarding the claim or the circumstances giving rise to the claim, the limitation period shall be suspended until the traveler or the tour operator refuses to continue the negotiations. The limitation period shall commence at the earliest 3 months after the end of the suspension.
16 Passport, visa and health regulations
As the tour operator, ISLA PASSIÓ is responsible for informing nationals of the country in which the tour is offered about passport, visa and health regulations and any changes thereto prior to departure. For nationals of other countries, the relevant consulate will provide information.
ISLA PASSIÓ as tour operator is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation if the traveler has commissioned ISLA PASSIÓ as tour operator to obtain them, unless the tour operator is responsible for the delay.
The traveler is responsible for complying with all regulations that are important for the execution of the trip. All disadvantages, in particular the payment of cancellation costs arising from non-compliance with these regulations, shall be borne by the traveler, unless they are due to culpable misinformation or non-information on the part of ISLA PASSIÓ as tour operator.
17. mobility restrictions
Depending on the type of restriction, the trips offered may only be suitable to a limited extent for people with reduced mobility. The customer undertakes to inform ISLA PASSIÓ as the tour operator of any mobility restrictions before concluding the contract in order to verify participation in the tour.
18. price adjustment
We reserve the right to subsequently change the price agreed in the travel contract in the event of an increase in transportation costs or charges for certain services such as port or airport fees or a change in the exchange rates applicable to the trip in question in accordance with the statutory provisions.
19 Invalidity of individual provisions
The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract.
20. general
We reserve the right to correct errors as well as printing and calculation errors. All information in our brochures/website corresponds to the status at the time of printing/publication. The applicability of German law is agreed. Subject to errors and changes. The same applies to the travel conditions. The place of jurisdiction and place of fulfillment is Lüneburg, as far as legally permissible.
21. organizer/ intermediary
ISLA PASSIÓ
Carrer la Marina 29
07659 Cala Figuera
Balearic Islands
Spain
Owner: Niels-Holger Teichmann
Terms and conditions for the isla magazine subscription
Formation of the contract
The subscription contract for the regular subscription to ISLA Magazine is concluded when the order is placed by telephone or in writing and confirmed by the publisher. The commencement of delivery shall be deemed confirmation.
Delivery
Delivery begins at the agreed time or no later than 7 days after receipt of the order. For subscriptions, delivery is usually carried out by Deutsche Post AG.
Subscription price
The subscription price includes the delivery fee and the applicable VAT. The price is generally payable in advance by SEPA direct debit, credit card or invoice. Changes to the payment method or payment frequency are only possible after the end of the selected period. If the publisher increases the subscription fee during the subscription period, the new subscription price is valid from the specified date. The prepaid subscription price is guaranteed for the period of prepayment and cannot be increased. The subscription price change will be announced before it takes effect. There will be no individual notification.
A reduced subscription price for students, military and civilian service is not granted.
Default of payment
As soon as and as long as the subscriber is in default of payment, the publisher shall be entitled to suspend delivery of the magazine. If the subscriber fails to pay on time, ISLA PASSIÓ shall send the subscriber a reminder setting a deadline. If the customer ignores these reminders, ISLA PASSIÓ shall be free to take further appropriate legal action and in particular to commission a debt collection agency to enforce its rights.
In addition to the overdue subscription fees, the customer shall bear all legal costs incurred (including reminder costs, costs for debt collection agencies, etc.). ISLA PASSIÓ expressly reserves the right to assert further claims. After settlement of all claims, delivery of ISLA Magazine shall be resumed as soon as possible.
Termination
Subscriptions may be canceled 7 days before the end of the month. Cancellations must be sent in writing to ISLA PASSIÓ, Carrer la Marina 29, 07659 Cala Figuera, Illes Balears, Spain. Cancellation before the end of an agreed commitment period is not possible.
Changes / Holiday redirection
Changes to the delivery address or other data must be notified to the publisher at least 6 days before they take effect. In the event of relocation, ISLA PASSIÓ must be informed of the new address.
Time of delivery
The subscriber is entitled to delivery of the magazine on the day of publication. ISLA PASSIÓ cannot guarantee delivery by a certain day/time.
Defects in delivery
A defect in the delivery must be reported immediately by telephone or in writing. In the case of late complaints, claims for the past are excluded. ISLA PASSIÓ shall only be liable for non-delivery, late delivery or material damage in the course of delivery in the event of intent or gross negligence. No compensation can be paid for copies of ISLA Magazine that arrive late or do not arrive abroad.
Force majeure / strike
In the event of force majeure, operational disruptions, strikes, lockouts or other disruptions, including in the delivery area, there is no entitlement to delivery or reimbursement of the subscription fee.
Supplements
Inserts and brochures are part of the magazine. Delivery without inserts and brochures is not possible for technical production reasons.
Online service
ISLA PASSIÓ does not currently offer an online service.
Miscellaneous
Should individual provisions of these GTC contradict the statutory provisions and be invalid, the remainder of the contract shall not be affected. The invalid provision shall be replaced by a provision that comes closest to the economic sense and purpose of the invalid provision in a legally effective manner. This provision shall apply accordingly in the event of loopholes.
Place of fulfillment
The place of performance and jurisdiction shall be the registered office of ISLA PASSIÓ if the purchaser is a merchant or a legal entity.