Danza y Movimiento Reisen
(to be called DYMR consecutively)
General terms of business
This is a translation of our German General terms of Business. Our aim is to explain well the content of our General Terms. Only the German General Terms of Business are valid in case of lawsuits. In case of any queries, please feel free to contact us!
1. Completion of travel contract
The customer makes a binding offer for the completion of a travel contract or a contract concerning a single service to DYMR with their application. The application can be made in written form, verbally, by telephone or by email. With the acceptance by DYMR, the contract is binding for both parties. The acceptance does not requiere a specific form. Usually, DYMR confirm the acceptance in written form. Then DYMR confirms the booking to the travel agency involved or to the customer travelling by sending the booking confirmation in detail in written form, usually within 5 workdays. Should the content of the confirmation differ from the content of the application, DYMR are then bound to the new offer for a period of ten days starting from the sending of the confirmation. The customer is entitled to cancel his booking because of the alterations without having to pay withdrawal fees (compare paragraph 6). The travel contract or the contract concerning a single service is based on the new offer if the customer accepts this offer within the time limit of ten days. It is considered an acceptance when the customer commences travelling.
A deposit of 20% of the invoice amount falls due on completion of the contract or when receiving the confirmation of the booking of a travel package. The total invoive amount, less the deposit already paid, has to be paid 30 days before the outset of the journey. The total invoice amount has to be paid after receiving the booking confirmation when booking single services. DYMR can refuse to provide the services if the complete payment of the journey or the single services has not been made.
3.1 The extent of the contractual service is exclusively determined by the description of the service according to DYMR as set out in the brochure valid at the time of the journey or on the special offer, as well as on the information referring to this special announcement in the booking confirmation. Side arrangements which alter the content of the contractual service require a written confirmation by DYMR:
3.2 a) The descriptions of the services and the prices given in the brochures are automatically replaced by the terms in the new travel brochure as soon as the new brochure is published.
b) Brochures of hotels, locations or shipping lines are not binding for DYMR.
c) Specifications concerning class locations and teachers are not binding upon DYMR, as long as the change for the traveller is necessary because of reasons not caused by DYMR and as long as the quality of the course is not substantially influenced by the changes.
3.3 Travel agencies and booking points are not authorized to make confirmations or arrangements which differ from the travel conditions or from the information given in the brochures. Specific requests of the customer have to be explicitly confirmed by DYMR in order to become parts of the contract.
3.4 DYMR is not responsible for services which are booked by the traveller as external services with third party companies (for example sport events, excursions, round trips, exhibitions etc. ...)
4. Price increase and service modifications
4.1 Modifications of seperate travel services or deviations from the content agreed on in the travel contract which become necessary after the completion of contract and which where caused by DYMR in good faith are only allowed if the modifications or deviations are not considerable and if they do not affect the overall design of the journey.
4.2 DYMR can increase the price of the journey until the 20th day before setting out on the journey if the period of time between the completion of contract and the start of the journey exceeds more than two months and if the price increase is caused by the increasing costs of transportation, the fees for specific services, like port dues or airport taxes, or if the increase is due to a change of currency exchange rates concerning the respective journey. The extent of the price increase is determined and limited by the quantity of the mentioned external costs.
4.3 DYMR is obliged to explain the alteration of the price according to 4.2 or an acceptable modification of a substantial travel service according to 4.1 or an acceptable cancellation of the journey (according to number 8) immediately after receiving the reasons for the modifications. The travel customer can withdraw from the contract if the the price increase exceeds 5% of the total price or if the modifications are substantial. In this case, he can demand an equivalent journey also if DYMR cancels the services and given the case that DYMR is enabled to offer a journey without implying extra costs for the customer. The traveller has to assert this right against DYMR immediately after receiving the explanations of DYMR.
5. Withdrawal by the travel customer
5.1 The travel customer can withdraw from the journey at any time before setting out on the journey by addressing DYMR in if possible written form. If the participant withdraws from the travel contract or does not commence the journey, DYMR may demand reasonable compensation for the travel arrangements made and for the expenses, which are based on the travel price minus the value of the expenses saved by DYMR and what might be aquired by any other possible use of the travel-
service. DYMR reserves the right to calculate this claim at its own discretion or flat rate. A lump-sum compensation as a percentage of the travel price can be demanded, based on the time of the cancellation of the travel participant, as follows:
a) until day 30 before departure 20 % of the travel price
b) from 29th - 22nd day before departure 30 % of the travel price
c) from 21st - 15th day before departure 50 % of the travel price
d) from 14th - 8th day before departure 60 % of the travel price
e) 7th day before departure or if not appearing on the day of departure 90% of the travel price.
The effective day is the receipt of the written declaration of withdrawal. The traveler is free to prove that DYMR did not incur damage at all or only at a much lower level than the calculated flat rate. DMYR reserves the right to demand a higher, specifically calculated compensation instead of the above flat rates and will in this case specifically quantify and substantiate the required compensation, taking into account the saved expenses and any other use of the travel services.
6. Traveller replacement/ Changes in booking
6.1 The traveller can replace himself by a third person before starting out on the journey. The resulting extra costs have to be covered by the defaulters: the traveller and the third person. If the third person does not correspond with the particular travel circumstances, DYMR can refuse the change of person. If DYMR does not refuse the change, then the third person acquires the rights and duties of the original traveller according to the travel contract. The third person, together with the original traveller, is liable to pay the costs for the travel and the extra costs due to the changes when entering into the contract.
6.2 DYMR can charge a change of booking surcharge per person within a period of time of 29 days in case of changes of booking within the validity of the travel arrangement. These changes in booking can concern the travel dates, the travel destination, the location, the departure, the accomodation, the type of transport or other services booked by the traveller. Changes of booking by the customer after the expiry of the time limit can only be made if the traveller withdraws from the booking in accordance with the terms of number 5 of the general terms of business and on the condition of a new booking.
7. Services not used by the traveller
The traveller does not have any right of compensation if he does not use particular travel services because of reasons unclear to DYMR. DYMR will pass on reimbursements by the organization providing the service or incomes resulting from different utilization of the service to the customer.
8. Withdrawal or cancellation by DYMR
The following cases allow DYMR to withdraw from the contract before the beginning of the journey or to cancel the travel contract after the beginning of the journey:
8.1 Without time limitation
- if the traveller undermines the realization of the journey despite having been requested to cooperate by the travel organizers or if he behaves in contrary to the contract to an extent which allows the immediate cancellation of the contract. In this case it is justified to refuse the refund of the travel price except for the value of the services spared as well as the advantages resulting from a different usage of the services which have not been needed by the customer. Potential extra costs for the return journey have to be covered by the traveller.
8.2 Until 30 days before the start of the journey
- if the necessary minimum number of participants is indicated explicitely by DYMR in the description of the journey, DYMR has the right to advise that the minimum number has not been achieved, that the journey cannot take place and that hence the travel contract has to be cancelled. DYMR will inform the traveller at the latest 30 days before the outset of the journey, as soon as it becomes evident that the minimum number of participants cannot be achieved. The traveller has the right to demand the participation in an equivalent journey if DYMR is able to offer that journey without additional costs for the traveller. The traveller is obliged to immediately register his complaint after having received the information. If the traveller does not inforce this right, the amount paid has to be refunded without delay.
8.3 Until 30 days before the start of the journey
- if the realization of the journey, despite all efforts, is not reasonable for DYMR, because the number of bookings is so small that it would signify an impossible economic sacrifice for DYMR to realize that journey. The right of withdrawal, though, is only valid for DYMR if DYMR is not responsable for the reasons leading to the cancellation. Besides, DYMR has to give an explanation of the circumstances and DYMR has to make an equivalent offer to the traveller. Given this case, the customer will be refunded the price paid.
9. Cancellation of contract due to extraordinary circumstances
DYMR as well as the traveller can cancel the contract in case unexpected external forces which complicate, endanger or influence the journey at the moment of signing the contract. If the contract is cancelled, DYMR is entitled to demand a compensation for the services already rendered or for the services necessary for terminating the journey. Besides, DYMR is obliged to take the necessary actions, especially if the contract includes the return journey. The resulting extra costs are to be paid by the traveller.
10.Warranty / Liability
10.1 It is the duty of DYMR to provide:
a) Accurate journey preparations.
b) Careful selection and surveyance of the service partners (for example transport agents, hotel managements etc.).
c) Correctness of all the service descriptions published by DYMR . Yet, DYMR is not liable to the information given in the brochures of hotels, locations or shipping lines, because DYMR has no influence on the production and content of these brochures and thus cannot scrutinize them.
d) Delivery of the services stipulated contractually.
a) DYMR is not liable for interferences concerning services which have been booked and used directly by the travellers without the influence of DYMR (for example excursions, visits etc., compare numer 3.4)
b) The contractual liability of DYMR is limited to triple the price of the journey in case of impairments not concerning body damages and if the impairments have not been caused carelessly by the traveller himself or if DYMR is responsable for the impairments only because of another service agent's fault.
c) DYMR is liable to property damage up to EURO 4000,- in case of claims of compensation directed against DYMR resulting from unintentional and illicit actions that were not carried out carelessly; if the triple price of the journey exceeds this sum, then the liability is limited to the triple price of the journey. The maximum amount of liability is valid per customer and per journey.
d) DYMR can appeal to international agreements or regulations referring to them which are valid for a service agent and which imply that claims for compensation are only possible on the basis of certain suppositions and constraints.
e) The traveller is responsible himself for his participation in dance events, sports events or other vacation activities. DYMR is only liable for accidents caused by sports events or other vacation activities if DYMR can be held responsible for them.
f) DYMR only passes on the information concerning transport or tourist services procured given to DYMR by the responsible service agents. They do not signify an assurance to the travel participant by DYMR. The services procured by DYMR but provided by other service agents are not subject to DYMR's liability, but only the accurate passing on of the agent's information to the traveller. DYMR indicates services in which he acts as an agent as provided services in their travel offers.
The participant is responsible for the costs caused by illness during the journey. He also has to pay for the costs of a possible return transport. The traveller is obliged to see a doctor before going on the journey if his state of health is precarious.
12. Passport, visa, foreign exchange, health regulations
The traveller is responsible for abiding all important regulations concerning the journey. Disadvantages resulting from the non-observance of these regulations have to be borne by the traveller. If the traveller ignores the immigration regulations of certain countries and thus the traveller cannot participate in the journey, he can be obliged by DYMR to pay the costs for the cancellation of the journey.
13. Obligations of the travel customer
The customer is obliged to inform DYMR about potential deficiencies concerning the travel organization as soon as possible. The customer is also obliged to permit a reasonable time limit to DYMR in order to allow DYMR to remedy the deficiencies, if the remedy is not impossible or denied by DYMR or if the immediate cancellation of the contract is justified by a particular interest of the travel customer. If the travel customer intends to assert a claim with DYMR, he has to do so within one month of the contractually stipulated end of the journey to the following address: Danza Y Movimiento Reisen / Hütten 119 / 20355 Hamburg/ Germany. The traveller can only assert a claim after the expiry of the time limit if he is not responsible for not having met the deadline. The customer's claims lapse after 6 months. This period starts with the day which determines the end of the journey according to the contract. If the customer has asserted such claims, then the lapse is blocked from the assertment of the claim until the day DYMR rejects the claims in written form.
14. Ineffectualness of individual regulations
Should any part of this contract be uninforcable as determined by a court of competence, this shall not effect any other part of this contract nor harm the whole of the contract. Any claims arising from this contract shall be settled in the Court of Hamburg and shall be subject to German law.
15. Prohibition of assignment
The assignment of any claims of the traveller concerning the journey to third persons - including spouses - is excluded, no matter for what juridical reasons.
16. Price breakdown interdiction
The traveller is not entitled to information relating to the cost structure of any package offered by DYMR unless the counterclaim is undisputed or legally valid.
Danza y Movimiento Reisen
Kleine Rainstr. 3