Terms and Conditions
Below you will find the General Terms and Conditions of itravel Inc., 3500 Dupont Highway, Dover, Delaware, 19901. Please read them carefully as they contain important information for the relationship between you and itravel.
Section 1: General Provisions
(1) The Internet-based travel portal itravel.com (hereinafter "We") is operated by the Delaware based itravel Inc. We see ourselves as a tourism service provider for customized travel with an emphasis on the premium segment.
(2) Our website provides primarily the services of a travel agent, i.e., individual transportation services (e.g., flights, transfers, etc.) and other individual tourist services (such as hotel stays, car rentals, excursions, etc.) of various tour operators and airlines ("Service Providers"). We do not provide any travel services ourselves, but act only as a travel agent between you and the Service Provider.
(3) We do not act as a Service Provider (tour operator) until we state and explain to you clearly that we expressly take responsibility for the tourist services offered, while individual components of various main tourist services are combined into a single price.
(4) These General Terms and Conditions apply to all services provided by us. They apply in addition to individual contractual agreements and to the exclusion of contrary or deviating terms and conditions that may arise from your person or third parties involved.
(5) No later than upon receipt of the services, these General Terms and Conditions ("GTC") shall be deemed accepted specifically for all registered travelers. You, as the person registering for the trip, agree to indemnify us for any claims that may arise if the individual travelers retroactively deny having accepting the GTC.
Section 2: Conclusion of the Travel Contract for Bookings Made through our Travel Consultants
(1) The contract for travel services is usually not with us, but only with the relevant Service Provider (tour operator), while we act merely as a travel agent. Only in exceptional circumstances within the meaning of Section 1 (3) do we operate independently as a Service Provider and/or operator.
(2) Routine scenario: we act as a travel agent
(a) The travel contract between the respective Service Provider and you shall be subject to the GTC and other conditions of the Service Provider, which will be handed to you by the time you book the trip or if you request them from our staff. Changes to the Service Provider's GTC shall also apply exclusively to the direct relationship between the Service Provider and you.
(c) Where you contact us by phone, e-mail, fax or other means of communications in connection with our website, you will be given non-binding preliminary information regarding the eligible individual travel services of the different Service Providers in accordance with your individual needs and wishes. After you have specified and identified your specific travel services from such preliminary information, we will prepare for you a travel offer regarding the services in question. With such offer, we invite you to submit a written binding booking order to enter into a contract regarding the respective travel services. If you submit a booking order, we will pass it on immediately to the respective Service Provider and check availability as well as the current pricing. Upon receipt of the written booking – your offer – by us for entering into a contract regarding the respective travel services, a binding order is created for us at the same time to book on your behalf specific travel services from the respective Service Providers.
(c) The acceptance of the booking offer by the respective Service Providers is expressed to you through us. You will receive from us an order and/or booking confirmation. The resulting travel contract exists solely between you and the relevant Service Provider. We are not involved in this contract as a party to the travel contract.
(d) The scope of the contractual (travel) services, as well as the remuneration arising therefrom, shall be derived from the service specification in conjunction with the travel booking and from information contained in the order confirmation.
(e) Our and your rights and obligations shall be derived from the contractual agreements, in the alternative from the statutory provisions regarding agency for consideration under the applicable law, the object of which is the facilitation of tourist services.
(3) Exception: We ourselves act as a Service Provider and/or operator in exceptional circumstances within the meaning of Section 1 (3).
(a) In specific cases in exceptional circumstances within the meaning of Section 1 (3) where we act as a Service Provider, you will receive from us non-binding preliminary information in accordance with your request. Subsequently, by formally accepting the non-binding offer, you make us a binding offer to enter into a contract for the respective travel services. The acceptance of this offer is given by us. This is not subject to any formal requirements. Typically, after checking availability and the specific individual pricing during the travel period, you will receive from us a booking confirmation.
(b) The scope of the contractual (travel) services and the amount of the remuneration arising therefrom shall be derived from the service specification in the offer in connection with the travel booking as well as from the information in the order confirmation. You shall notify us immediately of any discrepancies in the confirmation documents that you receive from us following the booking. Content in the confirmation that deviates from the content of the booking shall constitute a new offer. The contract is created on the basis of such new offer if you accept it by expressly stating your consent.
(c) The contract is concluded between you and us directly. The booking is also for all travelers listed in the registration for whose contractual obligation you shall be responsible, as you are responsible for your own obligations, if you have accepted a relevant and separate obligation by way of an express and separate declaration.
Section 3: Conclusion of the Travel Contract when Booking Online through the Website
(1) For trips that are characterized as "direct bookings", you order us to book the featured travel services by completing the information fields and completing the booking process. In this context, we act as an operator or travel agent in accordance with Sections 1 (2) and (3) of these General Terms and Conditions.
(2) You shall be bound by the booking order that you submit. Prior to the completion of the booking, you can discontinue the booking process at any time and/or recognize and correct any input errors.
(3) To make a booking, it is necessary that the applicant is at legal age in the applicant’s State. A binding contract with persons at minor age is possible only with the prior consent or subsequent approval of the parent or legal guardian.
(4) If you place the booking order online via the website, we will pass on the booking orders immediately to the respective Service Providers and check availability as well as the current pricing of the specific trip.
(5) Acceptance of the booking offer on the part of the respective Service Providers, vis-à-vis the customer, is realized through us also in connection with online bookings. In the meantime, prior sale and price changes shall be reserved.
(6) You will receive order and/or booking confirmations for your trip through us. This is not subject to any formal requirement.
Section 4: Transfer, Cancellation, Change to Booking
(1) General provisions
The agreed travel services shall essentially be binding for you and us, and cannot be modified after conclusion of the contract subject to any special provisions in the travel booking or in these General Terms and Conditions or under the law. If at the start of the trip you transfer it to a third party ("transfer"), withdraw from it ("cancellation") or request a change to the date, destination or starting point of the trip, as well as to accommodation or mode of transportation ("change to booking"), such request for a change to booking, transfer or cancellation shall be communicated to us immediately in writing. The time period for a transfer, change to booking or cancellation shall be subject to the point of time at which such request is received.
(a) If you withdraw from the travel contract, or you do not commence the trip at all, the Service Provider will lose its claim to the price of the trip. Instead, the respective Service Provider can claim compensation for any travel preparations and expenditures already undertaken or incurred, as well as additional costs (cancellation). Please note that the cancellation fee might be up to 100% of the booking price and depends on the individual terms and conditions of the respective service provider.
(b) We point out that the Service Providers, at their discretion, can claim the actually incurred additional costs or a lump-sum amount. You are free, as is the replacement person, to prove that no or significantly lower costs have been incurred than those claimed (or claimed under the lump-sum amount).
(c) The amount of the compensation claim is set out in Section 4 (5) (b) and (c) as well as Section 4 (6) of these General Terms and Conditions.
(d) In connection with a possible cancellation, we urge you to take out travel cancellation insurance. This is not included in the general price of the trip.
(3) Change to booking
The agreed travel services such as travel dates, destination and location, accommodation or mode of transportation, etc. can be rendered only through a notice of cancellation of the travel contract together with a new booking at the same time. The provisions regarding cancellation shall apply accordingly. As a rule, this creates the same costs as in the case of a cancellation. We have to charge you the costs in the same amount as would have applied to a cancellation at the time of the booking change. In addition, a new booking is made.
(a) The option to provide a substitute traveler is generally not affected by the above terms. However your Service Provider may object to the admission of third party if such third party does not meet the special requirements of the travel or if the participation of such third party contravenes statutory or regulatory provisions.
(b) In the case of a transfer, you and the substitute shall have joint and several liability for the costs arising from the transfer as well as the price of the trip.
(5) If we act as a travel agent:
(a) Our travel consultants will immediately pass on the request for a transfer, change to booking or cancellation to the respective Service Providers and subsequently share with you their response, costs and other terms and conditions.
(b) We expressly point out that the costs of a booking change, transfer and cancellation are subject only to the travel contracts and GTC of the respective Service Providers, which are beyond our control and which might also be affected by statutory or regulatory provisions.
(c) At any rate, we charge for a cancellation – even if the respective Service Providers do not charge cancellation fees – an administrative fee of $50. For transfers and rebookings, we charge – independent of the regulations of the respective Service Providers – a processing fee of $100 per traveler.
(6) If we act as a Service Provider/operator:
(a) You shall be liable to reimburse the additional costs arising from the cancellation, transfer or change to booking.
(b) In the case of a cancellation, unless otherwise agreed, and unless we calculate the specific appropriate compensation (we expressly reserve our discretion to choose between a lump-sum amount and a specific amount), the following flat-rate costs shall apply, depending on the type of travel and period between the notice of cancellation and start date of the trip:
The cancellation-fee depends on the respective service provider. We will inform you on the respective fees upon request of termination or at any earlier stage upon request.However the minimum cancellation fee is $ 50.00.
(c) You are free, as is the replacement person, to prove that no or significantly lower costs have been incurred by us than those claimed (or claimed under the lump-sum amount).
(d) We reserve the right, in deviation of the lump-sum amount mentioned in Section 4 (6) of these terms and conditions, to demand a higher, specific compensation, provided that we can prove that we incurred significantly higher costs than the applicable lump-sum amounts. In this case, we are required to quantify and document the required compensation, taking into consideration the cost savings and any other alternative use of the travel services.
(e) Cancellation fees shall be paid even if a traveler does not arrive in time at the airport or departure location at the times stated in the travel documents, or if the trip is not commenced due to the lack of travel documents, such as passports or necessary visas, which is beyond the control of the Service Provider.
(f) If you fail to take advantage of travel services properly offered to you due to an early return home or for other compelling reasons, you shall have no claim to a pro-rated reimbursement of the trip price. However, in such circumstances, we attempt to request from the local Service Providers that the expenditure saved be reimbursed. But you are not entitled to such reimbursement. In connection with a possible premature termination of a trip, we recommend that you to take out travel cancellation insurance.
Section 5: Name Change
We expressly point out that a change of name or a name correction for already booked travel services represents a significant cost to us and other Service Providers – especially airlines – which, therefore, must be billed to you. Consequently, when making a booking, make sure to enter your full name as it appears in your personal identification documents (e.g., passport, personal ID, etc.) at the time of the trip.
Section 6: Terms of Payment
(1) The amount of the remuneration and the terms of payment are derived from the travel booking in conjunction with our booking confirmation. The remuneration for our agency services is already included therein and will not, as a rule, be billed separately.
(2) We will bill our fees separately in cases reflected in Section 4 (2) (c) of these General Terms and Conditions.
For most bookings, you can pay with Visa, MasterCard, American Express, A "bill me later" payment option is not offered at this time because most reservations require payment at the time of booking. When booking your reservation, please make sure you have sufficient daily spending limits so your credit card company/bank will not block your account. Call the bank ahead of time if you're making a large payment with your credit card.To make your payment, you have the following options:
Flight bookings require full payment when you make your reservation.
Generally, hotel bookings require full payment when you make your reservation.
When you book your flight and hotel together, you have two payment options:• Pay for your package with one credit card
• Split the payment between two credit cards
In some packages, you can make a deposit on your package and pay off the remainder within a designated time before you start your trip. If available, you'll see the deposit option on the Trip Summary page. Start booking your Vacation Package.
Activities require full payment when you make your reservation.
For your cruise, you can make a partial deposit if your cruise departs more than 60 days in the future. If you pay a deposit, your confirmation email will list the due dates of the remaining payment. Please keep in mind that if you miss a payment, the cruise line can cancel your reservation and may not refund you for any payments you've already made. In addition, Expedia will charge you a cancellation penalty per cabin. Trip insurance is also nonrefundable. Find out more about
(5) Where we act as a travel agent, we shall be entitled to demand a deposit and final payment in accordance with the travel and payment terms of the Service Providers for which we act in such capacity, provided that such terms have been agreed by you and the Service Providers effectively and contain legally valid down payment provisions.
(6) As a rule, we do not issue a separate confirmation for receipt of payment.
(8) You may not raise objections with us due to the passing on of the trip prices to the Service Providers – particularly in connection with warranty claims under the travel contract.
Section 7: Handover of Travel Documents
Unless otherwise stated, we provide you with the travel documents two weeks before the start of your trip upon receiving payment for the full price of the trip. Generally, the travel documents will be sent to you by email. If specifically requested, we can provide documents by mail at our discretion. In such cases, you shall bear the risk of delivery by regular mail. If so requested, you can also specify a different delivery; unfortunately, we cannot accept the postage fees for such delivery.
Section 8: Changes to Services and Pricing
(1) Changes to or deviations from individual travel services in
terms of the agreed content of the travel contract (e.g., flight
schedule changes, changes to the program, hotel changes, etc.) that
become necessary after the contract has been entered into and that
we have not made contrary to the principle of good faith shall be
permitted where the changes or deviations are not substantial and do
not affect the overall arrangement of the booked trip. Any warranty
claims shall remain intact where the changed services are defective.
We will inform you of changes to or deviations from services in due
(2) In the event of a major change to an essential service, you shall be entitled to withdraw from the contract at no charge to you or to demand participation in an equivalent trip if we can arrange for such trip from our existing offerings without any additional cost to you. You shall assert any of your rights against us immediately upon notice regarding changes to the travel services or cancellation of the trip.
(3) You are reminded that the individual Service Providers might be entitled to increase the price of the trip after entering into the travel contract if this is related to an increase in transportation costs, fees or charges for specific services such as port or airport fees or related to a change in the foreign exchange rates that apply to the trip in question.
(4) We have no control over price or rate changes affecting the travel services of other Service Providers. Where they have been effectively agreed with the Service Provider, we may claim the difference from you.
Section 9: Termination for Behavioral Reasons
We may withdraw from the travel contract, or, following commencement of the trip, terminate the travel contract without notice, if the traveler causes lasting interference with the performance of the trip despite a warning or where the traveler conducts himself in a manner contrary to the contract to such extent that the immediate termination of the contract is justified. If we terminate the contract in such event, we reserve the right to claim the price of the trip. In such event, we only need to accept credit for the value of the cost savings and the benefits that we obtain from an alternative use of the unclaimed services, including any amounts refunded by the Service Providers.
Section 10: Right of Refusal
We reserve the right to reject any booking/placement orders without
giving reasons, in particular
- if the customer is not creditworthy
- for customers whose credit rating upon presentation of a credit card cannot be guaranteed.
Section 11: Obligations of the Customer
(1) Independent of the method of payment, upon receipt of the
confirmation of payment, you shall examine its accuracy and
completeness thoroughly. Discrepancies shall be reported to us
immediately and in writing. Failing that, it eliminates the right to
withdraw from the contract due to a non-reported discrepancy if you
were specifically informed thereof in the booking confirmation.
(2) You shall immediately examine the completeness, accuracy and, in particular, compliance with the booking and placement order of the booking confirmations of any Service Provider, airline tickets, hotel and rental car vouchers, visas, insurance certificates and other travel documents handed to you.
(3) You shall notify us of any discrepancies and report defects in writing immediately. Otherwise, the travel documents will be deemed valid even in the event of apparent defects. The same shall apply, upon expiration of a period of 30 days following receipt, to non-apparent defects where you were specifically informed thereof at the time of the delivery.
(4) Where we act as a travel agent, defects in the intermediary services shall be notified to us immediately. Where reasonable, we shall be granted an opportunity to remedy such defects. If defects were not reported due to negligence, any of your claims arising from the agency contract shall be void where we would have been able to remedy such defects and where such remedy would have been reasonable for us.
Section 12: Warranty
(1) We act as a travel agent:
(a) We accept responsibility only for our own agency services, but not for the travel services of the respective Service Providers.
(b) The service information on our website and in promotional materials does not constitute a guaranteed quality or characteristic. Information on individual travel services of the Service Providers facilitated by us are based solely on the information that they provide to us. We guarantee neither the completeness, accuracy, nor timeliness of the information.
(c) As for instructions and information, we shall only be liable under the contractual arrangements with you, in the alternative pursuant to the statutory provisions, for the proper selection of the sources of information and the correct disclosure to you of any information obtained.
(d) We expressly point out that you can protect any warranty rights against the respective Service Providers (price reduction, compensation and reimbursement of expenses) by reporting immediately to the respective Service Provider any defects in the travel services that would be recognized as such by the Service Provider and to assert your claim against the Service Provider within 30 days of completing the trip. If so requested, we will receive your complaint and forward it to the Service Provider on your behalf.
(2) We act as a Service Provider
(a) In specific cases where we act as a Service Provider and where travel is not provided as stipulated under the contract, you can demand redress from us – should individual travel services not be in accordance with the contract. In the event, you shall grant us a reasonable period of time, as measured against the existing defects.
(b) Without prejudice to our primary obligation to remedy the situation, this requires your participation. You are obliged to do everything reasonable to help remedy the problem and limit any resulting damage to a minimum or avoid any damage entirely. In particular, you shall report your grievance immediately. We receive notices of defects and requests for remedy directly.
Phone: (415) 568-7279
The answering machine of our company is monitored regularly, of course. Please leave a phone number where we can reach you. We will get back to you to assist you and remove the defects as soon as possible.
(c) You are expressly advised that local Service Providers are not allowed to recognize claims or make decisions concerning reimbursement on our behalf. Please always contact us directly.
(d) Remedial action is taken where this is possible and necessary, and does not require a disproportionate effort, to rectify the defect or procure an equivalent replacement. For the period of non-conforming travel services, you might be entitled to claim a price reduction. You are cautioned that this does not apply where the traveler culpably neglects to give notice of the defect during the trip.
(e) If a trip is substantially compromised, and if the Service Provider fails to remedy the situation within a reasonable period of time, the traveler may terminate the travel contract in accordance with the statutory provisions.
(d) We recommend that damage or delivery delays in connection with air travel be reported to the airline company on site immediately by means of a notice of damage. Airlines usually refuse refunds if such notice was not completed. Furthermore, the loss, damage or misdirection of luggage shall be reported immediately to the local representative or to us.
(g) You are cautioned that claims due to non-conforming provision of travel services shall be raised immediately and asserted against us within one month of completing the trip in order to secure any warranty rights.
(h) Exclusion of claims
You may direct to us claims for non-conforming provision of travel within 30 days after the contractual end of the trip at the address: Itravel Inc. doing business in California as itravel Individual Travel, 148 Downey Street, San Francisco, California, 94117. Please note that shorter deadlines might apply in particular to the registration of luggage damage or luggage delivery delays in connection with flights, but also to other travel services due to the applicable contractual or legal requirements.
Section 13: Liability of itravel
(1) General provisions
(a) We shall be liable only for our own intent and gross negligence.
(b) As for minor negligence, we shall only be liable for the breach of a contractual obligation ("cardinal obligation"), if and as far as statutory or regulatory provisions do not provide for further obligations.
(c) For air travel, as a result of various factors, there may be short-notice changes in the routing, flight times and airlines; there may also be connecting requirements. Liability on the part of us shall be excluded.
(d) The liability of us for compensation for damage other than physical injury is in any case limited in terms of the sum total to the maximum amount of three times the price of the affected individual travel service.
(e) The maximum amount of liability applies per traveler and per trip.
(f) The above provisions shall apply accordingly if the damages or breach of duty have been caused by legal representatives or vicarious agents or by Service Providers facilitated by us.
(2) We act as a travel agent
We undertake to provide our own consulting and brokerage services, the booking process, collection and submission of travel documents with the diligence of a prudent business entity.
(3) We act as a Service Provider
(a) Participation in sports and leisure activities is your own responsibility. You should always check sports equipment, devices and vehicles before use. For accidents that occur during sporting events and other holiday activities, we shall not be liable. We suggest in this context that you obtain insurance to cover repatriation costs in case of accident or illness or death.
(b) Liability exclusion for external services:
We are not liable for incomplete performance, personal injury and property damage in connection with services that are facilitated as external services (for example, excursions, sporting events, theater performances, exhibitions, transport services to and from the advertised departure and destination points).
Section 14: Liability of the Customer
(1) The applicant, through the conclusion of the agency or, in some
cases, travel contract enters into a contract with us and is liable
for the total price of the trip.
(2) If you fail in your obligation to inform us immediately of any deviations, missing documents or other discrepancies in relation to the travel documents handed to you, the resulting damage arising for you shall be attributable to you.
Section 15: Claims for Loss of Income, Reimbursement of Expenses
(1) Claims for loss of income shall be excluded.
(2) Reimbursement of expenses shall be subject to Sections 12 and 13 of these terms and conditions.
Section 16: Force Majeure
(1) The travel contract might be terminated due to force majeure
(e.g., civil unrest, war, political instability, natural disasters,
etc.). Pursuant to this, you, as well as the respective tour
operator, may cancel the travel contract, if the trip is rendered
more difficult, jeopardized or impaired due to force majeure
unforeseen at the time the contract was entered into.
(2) Where the contract is terminated by the tour operator due to force majeure only after the start of the trip, the respective Service Provider shall take the required measures, especially, if necessary, repatriation of the travelers. In cases where we act as a Service Provider, the parties shall share equally the additional cost for such repatriation. Other additional costs shall be borne by the traveler himself. In cases where we act merely as a travel agent, we refer to the terms and conditions of the relevant Service Provider in the current version in effect from time to time.
(3) Travel and safety information from the US State Department is available online at http://travel.state.gov/
Section 17: Identity of Operating Air Carriers / Blacklist
Due to the EU regulation on informing air passengers about the identity of the operating air carrier, we might be obligated to provide you with the identity of the airline and all air transportation services to be performed as part of the booked trip at the time the booking is made. If the operating air carrier is not yet determined at the time of booking, we shall identify the air carrier or air carriers likely to operate the flight. Once we know which airline will operate the flight, you will be informed accordingly. If the initially identified operating air carrier is changed, we will inform you immediately. The so-called "blacklist" is available online, for example, at http://air-ban.europa.eu.
Section 18: Community-Derived Website Content
(1) You are cautioned that some of the content of our website is
derived from user feedback. Thus, the site includes customer
ratings, as well as uploaded images, videos or travel reports.
(2) All contributions (articles, reviews, photos, videos, etc.) that are marked as community-derived on our site were made by third parties exclusively. You are cautioned that the given ratings or the uploaded photos, etc., only reflect the opinion of the respective user – completely free of any influence exerted by us – and do not necessarily reflect our opinion. Holiday photos and/or videos are snapshots.
(3) It should be noted that a considerable amount of time may have passed since the date of the review of the respective product. Then, for example, it should be considered that the local circumstances may have changed.
(4) Furthermore, the quality of the contents may also depend on how many reviews have been submitted in relation to the respective product already. An individual review, a single image and/or video or a single trip report cannot give a complete picture.
(5) The reviews are always subjective, which means that they are dependent on the age, gender and personality of the user as well as on what the user's purpose of the trip was (whether, for example, he traveled as a couple, as a family or a single). The user's nationality, too, as well as his previous travel experience and knowledge of countries can influence his personal assessment. It should not be overlooked either that every vacationer has different needs and expectations with respect to the trip, hotel, the country, etc.
(6) All community-derived contributions should be used by visitors to our site only for the purpose of obtaining an unbiased, comprehensive and objective idea, as much as this is possible. The use of community-derived content is at your own risk.
(7) Utilization of community-generated information does not constitute consultation. We assume no responsibility for the accuracy, completeness, timeliness or other quality of the contributions submitted. The community-derived travel accounts do not form part of the contract between you and us.
Section 19: Statute of Limitations
(1) Claims pertaining to injury to life, limb or body caused by the
willful or negligent breach of obligations by us or our legal
representatives or vicarious agents shall expire within the at
latest after two years, if applicable statutory requirements do not
provide for a longer period. This also applies to claims for
compensation for other damages based on an intentional or grossly
negligent breach of duty of us or our legal representatives or
vicarious agents. All other claims shall expire in one year, if
applicable statutory requirements do not provide for a longer
(2) The limitation period begins on the date on which the trip was to be completed under the contract.
Section 20: Prohibition of Assignment
Any assignment of claims of the customer against us shall be excluded. The enforcement of customer's claims against us by a third party on its own behalf through a court of law shall also be prohibited.
Section 21: Passports, Visas, Currency and Health Regulations
(1) The procurement of passports, visas and health documents, as
well as compliance with the relevant provisions and applicable
regulations regarding foreign currencies, import and export shall
generally be solely your responsibility.
(2) Upon conclusion of a travel contract with a Service Provider, we will inform you of passport and visa requirements, including the deadlines for obtaining such documents that are required for your stay. Where a different nationality is not recognizable, we assume that you and the other travelers are American citizens, and that there are no peculiarities with respect to your person and any other persons traveling with you (e.g., dual citizenship, statelessness). You shall have an express obligation to inform us if you are not an American citizen. Since customers who are not American citizens must frequently comply with special passport, visa, customs and health regulations, it is up to the customer to obtain relevant information from the appropriate consulates.
(3) You shall be solely responsible for the quality and availability of the necessary travel documents, any required vaccinations and compliance with customs and foreign currency regulations. Disadvantages arising from non-compliance with such regulations, e.g., payment of cancellation fees, shall be your responsibility.
(4) Neither we, nor the respective Service Provider, shall be liable for the timely issuance and receipt of necessary visas on the part of the respective diplomatic mission if you commissioned it or us with the task of obtaining such visas.
(5) You are expressly reminded that the timely receipt of visas, etc. from the competent offices is not in our area of influence.
(6) You should inform yourself in a timely manner about any infection prevention and vaccination as well as other prophylactic measures. At any rate, it is recommended that prior to starting a trip, you should consult relevant and specific publications, particularly as vaccination regulations and recommendations are subject to continuous changes. In addition, it is recommended that you consult early on with a physician, information services specializing in travel medicine, health authorities and/or an institute of tropical medicine. For your own safety, you are recommended to contact, in time prior to commencing the trip, the State Department of the United States to obtain detailed information on the security situation and rules of conduct in the relevant destination and/or transit countries.
(7) We shall not be liable for damages resulting from your failure to comply with the aforementioned regulations and to obtain documents and information in a timely manner.
Section 22: Final Provisions
(1) The requirement of written form under these GTC and individual
contracts based thereupon shall be deemed met also by communications
by fax and simple e-mail.
(2) We reserve the right to amend these GTC unilaterally. Such amended GTC shall take effect if we have notified you thereof in writing and you have not objected thereto in writing within a week.
(3) If some provisions of these General Terms and Conditions should be invalid, this shall in no way affect the validity of the entire contract and its provisions.
(4) These General Terms and Conditions are subject to the laws of Delaware. Existing contractual relationships shall be governed solely by Delaware law.
(5) The place of performance is Dover/ Delaware.
(6) You can bring legal action against us only in a court of law with jurisdiction for Dover/ Delaware.
(8) The above provisions shall not apply if and to the extent that contractually mandatory provisions contained in international agreements or treaties applicable to the travel contract make different determinations in favor of the customer, or if and to the extent that mandatory provisions applicable to the travel contract in the US Federal State to which the customer belongs are more favorable for the customer than the aforementioned provisions.
(Last update: May 2012)