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TRAVEL CONDITIONS
(Valid from 01.07.2023)
As M&M Reien acts as a tour operator for package tours, the following General Terms and Conditions of Travel apply - in addition to the statutory provisions of §§ 651 a-y of the German Civil Code (BGB) (in the version that comes into force on 1.7.2018) - between you as the traveller (hereinafter referred to as ‘guest’) and us. These become the content of the contract concluded between us. The travel conditions for packages and individual services of other organisers mentioned in the brochure are available directly from the organisers concerned. They only form an integral part of the contract if they are included in the contract at the time of booking.
1.2. The travel contract is concluded upon receipt of the declaration of acceptance from M&M Reisen. It does not require any particular form. After conclusion of the contract, M&M Reisen shall send the guest a written travel confirmation. If the content of the travel confirmation deviates from the booking content, this constitutes a new contractual offer to which M&M Reisen is bound for a period of 10 days. The contract shall be concluded on the basis of this new offer if the guest confirms it by express declaration of acceptance or accepts it by implied behaviour, such as making the down payment or final payment.
2.2. In accordance with Section 651 f of the German Civil Code (BGB), M&M Reisen reserves the right to alter contractual conditions other than the price of the trip, provided that the alteration is insignificant for the customer. Any changes will be explained to the customer before the start of the trip. If the change is substantial and is due to circumstances arising after the conclusion of the contract, but is necessary for the performance of the trip in accordance with Section 651 g of the German Civil Code (BGB), the customer may accept the change or a replacement trip offered by M&M Reisen or withdraw from the contract free of charge.
2.3. When booking full or half board, customers are informed that the menu at this establishment may be limited by certain dishes.
2.4. The price of the trip does not include cancellation insurance.
1. Contract conclusion
1.1. The arrangements shown in the travel documents and on the M&M Reisen website merely provide an overview. Upon non-binding enquiry by the guest, M&M Reisen will submit a non-binding offer to the guest. If the guest accepts the offer, he/she will receive a confirmation from M&M Reisen, subject to availability. Acceptance shall also be made by the guest for all participants listed in the registration, for whose obligations arising from the contract the guest shall be liable in the same way as for his own obligations, provided that he has assumed these obligations by means of an express declaration.1.2. The travel contract is concluded upon receipt of the declaration of acceptance from M&M Reisen. It does not require any particular form. After conclusion of the contract, M&M Reisen shall send the guest a written travel confirmation. If the content of the travel confirmation deviates from the booking content, this constitutes a new contractual offer to which M&M Reisen is bound for a period of 10 days. The contract shall be concluded on the basis of this new offer if the guest confirms it by express declaration of acceptance or accepts it by implied behaviour, such as making the down payment or final payment.
2. Services
2.1. The services provided by M&M Reisen are based in particular on the description of services in the current brochure and on the information provided on the M&M Voyages website (hereinafter referred to as the ‘travel description’).2.2. In accordance with Section 651 f of the German Civil Code (BGB), M&M Reisen reserves the right to alter contractual conditions other than the price of the trip, provided that the alteration is insignificant for the customer. Any changes will be explained to the customer before the start of the trip. If the change is substantial and is due to circumstances arising after the conclusion of the contract, but is necessary for the performance of the trip in accordance with Section 651 g of the German Civil Code (BGB), the customer may accept the change or a replacement trip offered by M&M Reisen or withdraw from the contract free of charge.
2.3. When booking full or half board, customers are informed that the menu at this establishment may be limited by certain dishes.
2.4. The price of the trip does not include cancellation insurance.
3. Pricing
3.1. The prices indicated in the travel documents / on the M&M Reisen website are final prices and include the legally applicable VAT. They do not include any local taxes, such as tourist taxes, or any variable ancillary costs, such as telephone charges.3.2. Prices quoted are per person for packages and service modules.
4. Payment
4.1. On receipt of the booking confirmation and the travel insurance certificate in accordance with § 651 r BGB, a deposit of 20% of the total price of the trip, up to a maximum of €300.00, is payable. This is payable within 7 calendar days and is deducted from the price of the trip. The balance is due, provided the safety certificate has been submitted and unless otherwise agreed on a case-by-case basis, 12 calendar days before the start of the trip, if it is established that the trip can no longer be cancelled for the reasons mentioned in point 6.1.4.2. For bookings made less than 28 calendar days before the start of the trip, the full price of the trip is payable immediately upon delivery of the safety certificate.
4.3. If the customer is more than 7 days in arrears with payment of the travel price, M&M Reisen reserves the right to cancel the contract after sending a reminder and setting a deadline. In this case, a cancellation fee may be charged to the customer in accordance with § 5.
5. Annulation du voyage par le client, changement de réservation, personnes de remplacement
5.1. The customer may cancel the holiday at any time before the start of the holiday. The receipt of the cancellation notice by M&M Reisen, which should be in writing in the interests of the customer, is decisive for compliance with the deadlines.5.2. If a customer cancels the contract, M&M Voyages may claim damages at the following flat rates, taking into account the expenses usually saved and the usual use of the travel services for other purposes: For package tours, rooms and other individual services:
up to 31 days before arrival 10%.
up to 21 days before arrival 20
until the 15th day before arrival 30
until the 11th day before arrival 40
until the 8th day before arrival 45
until the 3rd day before arrival 50
from the 2nd day before arrival and in the event of a no-show
100% of the price of the trip.
The customer reserves the right to prove that M&M Reisen has suffered less damage or no damage at all.
We would like to draw your attention to the possibility of taking out travel cancellation, illness and accident insurance. We strongly recommend that you take out travel cancellation insurance!
M&M Reisen cannot claim compensation for cancellation if an explicit right of cancellation free of charge has been agreed with the customer in the contract or if there are unavoidable and exceptional circumstances at or in the immediate vicinity of the destination which considerably hinder the journey or the transport of persons to the destination. Circumstances are unavoidable and exceptional in this sense when they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.
5.3. If persons other than those who have booked wish to travel, M&M Reisen must be informed of this on a durable data medium, e.g. by e-mail, within a reasonable period before the start of the journey (cf. § 126 b sentence 2 BGB). To this extent, the customer may demand that a third party take over the rights and obligations arising from the travel contract. The entry of a substitute person may be refused if they do not meet the particular requirements of the trip. If a third party intervenes in the contract, the third party and the customer are jointly and severally liable to M&M Reisen for the price of the trip and any additional costs incurred as a result of the third party's intervention.
5.4. If, at the customer's request, changes are made after the trip has been booked with regard to dates, destination, accommodation or type of meal, a fee of €30 per booking change may be charged if the changes do not result in a reduction in the total price or a change of LT. Requests for changes to bookings made after the 30th day before the start of the trip can only be carried out, if at all possible, after cancellation of the travel contract under the above conditions and simultaneous re-registration. This does not apply to requests to change the booking, which entail only minor costs. Requests to change the booking must be discussed with M&M Reisen.
5.5. Processing, cancellation and rebooking fees are payable immediately.
M&M Reisen may also cancel the contract before the start of the trip if it is prevented from carrying out the trip due to unavoidable and exceptional circumstances. In this case, the cancellation must be communicated to the customer immediately after becoming aware of the reason for cancellation.
We would like to draw your attention to the possibility of taking out travel cancellation, illness and accident insurance. We strongly recommend that you take out travel cancellation insurance!
M&M Reisen cannot claim compensation for cancellation if an explicit right of cancellation free of charge has been agreed with the customer in the contract or if there are unavoidable and exceptional circumstances at or in the immediate vicinity of the destination which considerably hinder the journey or the transport of persons to the destination. Circumstances are unavoidable and exceptional in this sense when they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.
5.3. If persons other than those who have booked wish to travel, M&M Reisen must be informed of this on a durable data medium, e.g. by e-mail, within a reasonable period before the start of the journey (cf. § 126 b sentence 2 BGB). To this extent, the customer may demand that a third party take over the rights and obligations arising from the travel contract. The entry of a substitute person may be refused if they do not meet the particular requirements of the trip. If a third party intervenes in the contract, the third party and the customer are jointly and severally liable to M&M Reisen for the price of the trip and any additional costs incurred as a result of the third party's intervention.
5.4. If, at the customer's request, changes are made after the trip has been booked with regard to dates, destination, accommodation or type of meal, a fee of €30 per booking change may be charged if the changes do not result in a reduction in the total price or a change of LT. Requests for changes to bookings made after the 30th day before the start of the trip can only be carried out, if at all possible, after cancellation of the travel contract under the above conditions and simultaneous re-registration. This does not apply to requests to change the booking, which entail only minor costs. Requests to change the booking must be discussed with M&M Reisen.
5.5. Processing, cancellation and rebooking fees are payable immediately.
6. Cancellation and termination by M&M Reisen
6.1. *M&M Reisen may cancel the contract before the start of the trip if the minimum number of participants expressly mentioned in the trip description and booking confirmation for the trip in question has not been reached. In this case, M&M Reisen must give notice of cancellation 20 days before the start of the trip if the trip is longer than 6 days. If the duration of the trip is a minimum of 2 days and a maximum of 6 days, the cancellation must be notified seven days before the start of the trip. If the duration of the trip is less than 2 days, 48 hours must elapse between the start of the trip and the declaration of cancellation.M&M Reisen may also cancel the contract before the start of the trip if it is prevented from carrying out the trip due to unavoidable and exceptional circumstances. In this case, the cancellation must be communicated to the customer immediately after becoming aware of the reason for cancellation.
The guest will be reimbursed immediately for any deposit paid, in any case within 14 days of cancellation, or may request to take part in another trip of at least equivalent value from among those offered by M&M Reisen, immediately after becoming aware of the cancellation, insofar as this trip can be offered at no extra cost to the guest.
6.2. M&M Reisen may terminate the travel contract without prior notice if the customer persistently disrupts the performance of the trip despite a warning from M&M Reisen or behaves in such a way contrary to the contract that immediate termination of the contract is justified. In this case, M&M Reisen retains the right to the travel price. M&M Reisen must take into account any expenses saved and any benefits resulting from the crediting of other LT or the use of unused services. Any additional costs for return transport shall be borne by the customer.
7.2. If international agreements or legal provisions based on such agreements apply to a travel service to be provided by the TO, according to which a claim for damages may only arise or be asserted under certain conditions or limitations or is excluded under certain conditions, M&M Reisen may rely on this vis-à-vis the customer.
7.3. M&M Reisen is not liable for any disruption to services in connection with services that are only provided as third-party services and are expressly designated as such in the travel description.
7.4. If the customer encounters difficulties in the course of the journey, M&M Reisen shall, in accordance with § 651 q of the German Civil Code, immediately provide the customer with appropriate assistance, in particular 1. by providing the customer with adequate information on health services, local authorities and consular assistance, 2. by helping the customer to establish long-distance communication links and 3. by helping the customer to find alternative travel options.
If the customer has himself caused the circumstances requiring assistance, M&M Reisen may demand reimbursement of his expenses, if and insofar as these are reasonable and he has actually incurred them.
Insofar as M&M Reisen is unable to remedy the situation due to a culpable omission in the notification, the customer is not entitled to claim a price reduction pursuant to § 651 m BGB or damages pursuant to § 651 n BGB.
6.2. M&M Reisen may terminate the travel contract without prior notice if the customer persistently disrupts the performance of the trip despite a warning from M&M Reisen or behaves in such a way contrary to the contract that immediate termination of the contract is justified. In this case, M&M Reisen retains the right to the travel price. M&M Reisen must take into account any expenses saved and any benefits resulting from the crediting of other LT or the use of unused services. Any additional costs for return transport shall be borne by the customer.
7. Liability and duty to assist
7.1. M&M Reisen limits its liability to three times the price of the trip for such damage that 1. is not personal injury and 2. is not caused by fault.7.2. If international agreements or legal provisions based on such agreements apply to a travel service to be provided by the TO, according to which a claim for damages may only arise or be asserted under certain conditions or limitations or is excluded under certain conditions, M&M Reisen may rely on this vis-à-vis the customer.
7.3. M&M Reisen is not liable for any disruption to services in connection with services that are only provided as third-party services and are expressly designated as such in the travel description.
7.4. If the customer encounters difficulties in the course of the journey, M&M Reisen shall, in accordance with § 651 q of the German Civil Code, immediately provide the customer with appropriate assistance, in particular 1. by providing the customer with adequate information on health services, local authorities and consular assistance, 2. by helping the customer to establish long-distance communication links and 3. by helping the customer to find alternative travel options.
If the customer has himself caused the circumstances requiring assistance, M&M Reisen may demand reimbursement of his expenses, if and insofar as these are reasonable and he has actually incurred them.
8. Notice of defect, repair, reduction/indemnity, termination by the customer
8.1. Notification of defects: The customer is obliged to notify M&M Reisen or its representative, the local guide, immediately of any defects in the tour.Insofar as M&M Reisen is unable to remedy the situation due to a culpable omission in the notification, the customer is not entitled to claim a price reduction pursuant to § 651 m BGB or damages pursuant to § 651 n BGB.
Any loss of or damage to luggage must be reported immediately to the transport company. The transport company must provide written confirmation. Without a declaration, there is a risk of loss of rights.
8.2. Recourse: If the trip is defective, the customer may claim compensation in accordance with § 651 k BGB (German Civil Code). M&M Reisen may only refuse to remedy the defect if this is impossible or would involve disproportionate costs, taking into account the extent of the travel defect and the value of the travel service concerned. If M&M Reisen is not entitled to refuse to remedy the situation in accordance with the above provisions and does not remedy the situation within a reasonable period set by the customer, the customer may remedy the situation himself and demand reimbursement of the expenses incurred. It is not necessary to set a deadline if M&M Reisen refuses to remedy the situation or if an immediate solution is required.
8.3. Cancellation: If the trip is significantly disrupted due to a travel defect, the customer may cancel the contract. The same applies if, for an important reason, the trip cannot be required of him due to such a defect. For reasons of proof and in the interests of the guest, written form is recommended. Cancellation is only permitted if M&M Reisen or its representatives (guide) have allowed a reasonable period, set by the traveller, to elapse in order to remedy the situation without providing a solution. There is no need to set a deadline if M&M Reisen refuses to remedy the situation or if an immediate solution is required.
8.2. Recourse: If the trip is defective, the customer may claim compensation in accordance with § 651 k BGB (German Civil Code). M&M Reisen may only refuse to remedy the defect if this is impossible or would involve disproportionate costs, taking into account the extent of the travel defect and the value of the travel service concerned. If M&M Reisen is not entitled to refuse to remedy the situation in accordance with the above provisions and does not remedy the situation within a reasonable period set by the customer, the customer may remedy the situation himself and demand reimbursement of the expenses incurred. It is not necessary to set a deadline if M&M Reisen refuses to remedy the situation or if an immediate solution is required.
8.3. Cancellation: If the trip is significantly disrupted due to a travel defect, the customer may cancel the contract. The same applies if, for an important reason, the trip cannot be required of him due to such a defect. For reasons of proof and in the interests of the guest, written form is recommended. Cancellation is only permitted if M&M Reisen or its representatives (guide) have allowed a reasonable period, set by the traveller, to elapse in order to remedy the situation without providing a solution. There is no need to set a deadline if M&M Reisen refuses to remedy the situation or if an immediate solution is required.
9. Statute of limitations
The customer's claims under § 651 i Paragraph 3 BGB (customer warranty claims, e.g. rectification of travel defects in various forms, replacement services, price reduction, damages, cancellation) are subject to a limitation period of two years. The limitation period begins on the day on which the trip was due to end in accordance with the contract. Claims arising from an unlawful act are subject to a three-year limitation period.10. Privacy policy
Personal data is stored and processed to the extent necessary to fulfil the contract. The provisions of data protection law are observed.11. Consumer arbitration centres
M&M Reisen is neither willing nor obliged to participate in a dispute resolution procedure before a consumer ombudsman.The EU platform for the out-of-court settlement of disputes concerning contracts concluded online can be accessed via the following link: ec.europa.eu/consumers/odr
12. Invalidity of certain provisions, jurisdiction
12.1. If certain provisions of the travel contract are or become invalid, ineffective or unenforceable, the validity of the remaining provisions shall not be affected. The parties undertake to replace the void, invalid or unenforceable provision with a provision that comes as close as possible to the intended economic result and which the parties would have agreed had they been aware of the invalidity of the provision. The foregoing applies mutatis mutandis to regulatory gaps. The same applies to these travel conditions.12.2. German law applies. The place of jurisdiction for full merchants, legal persons under public or private law and persons who do not have a general place of jurisdiction in Germany, as well as for persons who have transferred their domicile or habitual residence abroad after conclusion of the contract or whose domicile or habitual residence is not known at the time proceedings are instituted, and for passive proceedings, is the registered office of M&M Reisen. Sentences 1 and 2 do not apply unless international agreements or European law provide otherwise.