This text is a translation and it is intended only for information purposes. Should any doubts or disputes occur, the original version in German is applicable.
2. Contract Scope
The Chic Holiday GmbH General Commercial Terms and Conditions herein below govern the contractual relation between You, as traveler (hereinafter Customer) and Chic Holiday GmbH as travel services organizer (hereinafter organizer). Any clauses included by the Customer which contradict the ones given herein below are only permissible on a case-by-case basis, provided that a prior consent is given thereto
2.1 The Travel Contract can be concluded without the need for any special form requirement to be met. If the reservation is concluded electronically such as by e-mail or via internet, the Organizer acknowledges the reception thereof immediately. This acknowledgement of receipt shall not be deemed to be an acceptance of the Customer’s application for a Travel Contract.
2.2 Travel Contracts are concluded as soon as the Organizer accepts the Customer’s request. As soon as the Contract is concluded or immediately thereafter, the Organizer sends the confirmation of the reservation to the Customer.
2.3 The Customer is pledged to meet all obligations stipulated in the Travel Contract for the reserved travel, if and to the extent assumed thereby in a written statement.
The Organizer’s obligations result from the confirmation of the reservation and the legal agreement concluded with the Customer, exclusively.
4. Changing Services
Should after the conclusion of the Contract changes or deviations from the various contractually agreed services become necessary, the Organizer is pledged to immediately notify the Customer about the same and shall request the Customer’s consent thereto. In cases where obtaining the Customer’s consent jeopardizes or makes impossible the progress of the travel, the Organizer may implement the said change however only provided that the same are not essential and do not affect the general structure of the reserved travel. The Organizer shall notify the Customer in due time about any such change or deviation which became necessary. Any possible warranty claims remain unaffected by this regulation.
5. Compensation, Travel Price, Price Increases
5.1. The Travel Price shall be paid directly to the Organizer. The Customer is pledged to pay for the travel only provided that the Organizer issued a Warranty Certificate for the Customer. As soon as the Warranty Certificate is issued, the Customer shall pay 20% of the Travel Price. Payment of the balance amount to the Travel Price is due 4 weeks before the travel date.
Subsequently to the Travel Contract conclusion, the Organizer is entitled to increase the Travel Price only provided that thereby, the exchange rate variations valid for the said travel are met and the time period within the Contract Conclusion and the actual start of the contracted travel is in excess of four months. Under such circumstances, the Customer shall be notified immediately, at least 21 days before the actual start of the travel. No other price increases are permissible, in any other conditions whatsoever. Price increases shall be calculated taking onto account the official EUR/RON exchange rate variation applicable for the time period within the Travel Contract conclusion and the date when the price increase is made known. Price increases are permissible only provided that the actual travel service with at least one of the suppliers is to be paid in RON by the Organizer.
Should a price increase be justified however in excess of 5% of the Travel Price, the Customer may terminate the Contract without additional charges or may request to participate in another travel which is at least equivalent thereto, if the Organizer is capable to offer such a travel without additional costs for the Customer, as such travel is part and parcel of the Chic Holiday GmbH offer. As soon as the Organizer makes known the price change, the Customer shall request the termination of the Contract and the wish to participate in another travel.
6. Termination, Cancellation Fee
6.1. The Customer may terminate the Contract at any time point before the actual start of the travel. What actually bears relevance is the time moment when the Organizer receives the Termination Notice. It is recommended to submit the Termination Notice in writing.
6.2. Whenever a travel is cancelled, the Organizer is entitled to claim damages for the already effected payments. The so claimed damages may be higher than the lump sums listed herein below, as the case may be. The following lump sums and cancellation fees are applicable in cases where damages are claimed:
up to 31 days before the actual start of the travel – NO cancellation fees are to be paid
within 30 – 15 days before the actual start of the travel – 25 % of the Travel Price
within 14 – 8 days before the actual start of the travel – 50 % of the Travel Price
within 7 – 0 days before the actual start of the travel – 100 % of the Travel Price
6.3. The Customer is entitled to prove that the Organizer’s damage caused by the cancellation is less or none.
6.4. It is strongly recommended to take out an insurance for the costs of withdrawal from the Travel Contract as well as an insurance for any possible forced returns due to sickness or accidents.
6.5. The Customer’s right to appoint a replacement person within the framework of the contracted travel as provided by article 651b of the Civil Code (Germany) remains unaffected.
6.6. The Organizer may terminate the Travel Contract in cases where at most within 31 days before the planned date of the actual start of the travel, the minimum number of participants as specified in the travel offer and in the confirmation of the reservation has not been attained. Should at any time moment before the aforementioned deadline become expectable that the minimum number of participants is not going to be attained, the Organizer shall immediately make use of the Organizer’s right to terminate the related Travel Contracts
7.1. Should the travel fail to take place in keeping with the Contract, the Customer is entitled to claim damages. Any such claim may be rejected in cases where the compensation involves unreasonably too high expenditures. Equivalent services shall be deemed to be a proper compensation.
7.2. The Customer shall claim any deficiencies noticed in any place whatsoever, namely from the Organizer’s representative at that very site.
7.3. If a deficiency is not claimed immediately, the Customer is not entitled to claim damages from the Organizer on grounds of the said deficiency.
7.4. If the services are provided poorly for a certain period of time, the Customer is entitled to request a lower cost (price reduction).
7.5. Should the travel be substantially compromised by a deficiency or the Customer cannot participate in the travel due to reasonable grounds acknowledged by the Organizer and the Organizer fails to find a suitable solution within an acceptable period of time, the Customer is entitled to terminate the Contract in keeping with the legal provisions in force.
All deadline-related provisions concerning claims for damages are null and void in cases where the deficiencies involved therein are impossible to be corrected by remediation or where the Organizer refused the remediation or where the termination of the Contract by the Customer is justified by a special situation in the Customer’s interest.
7.6. Under the circumstances of such a termination, the Customer may request beyond price reduction also damages for failure to fulfill the Contract, provided that the deficiency which occurred during the travel may be attributed to the Organizer.
7.7. The Customer shall claim compensation for damages due to failure to fulfill the services within a month after the planned Travel Completion Date. Exceeding this deadline does not affect the Customer’s right to claim compensation for damages, if the Customer was prevented from expressing its claims due to objective reasons.
If the Customer failed to mention it explicitly, the Organizer presumes that such Customer is citizen of one of the EU member states.
9. Warranty, Warranty Restrictions, Extinction
9.1. By virtue of articles 651c – 651f to the Civil Code (Germany), the Customer’s claims are extinguished after a 2 years’ lapse.
9.2. In terms of damages which are not related to the human body, the Organizer is legally responsible up to three times the Travel Price, if:
a) the damages produced to the detriment of the Customer are not intentional or due to a gross negligence;
b) the Organizer is responsible for the damages produced to the detriment of the Customer due to a third party supplier.