General Terms and Conditions of Cprime UG for the portal touchthelimit.de

The following provisions regulate the legal relationship within a resulting travel contract between the customer and Cprime UG (haftungsbeschränkt), hereinafter referred to as “tour operator” or “Cprime”, which acts as a tour operator. In addition, the travel contract law §§ 651 a ff. BGB applies. The GTC apply to all trips organised by Cprime.

1 Conclusion of contract

1.1 The customer makes a binding offer to the tour operator Cprime to conclude a travel contract on the basis of the internet advertisement or an offer sent by email by bindingly confirming the booking on the website. A binding offer by the customer can also be made in written form by email and the transfer of the amount. The customer has the option of paying either by PayPal, direct debit, credit card, instant bank transfer or by direct debit.

1.2 The travel contract comes into effect with the acceptance by Cprime. Acceptance takes place through receipt of the travel confirmation by the client. The declaration of acceptance does not require any particular form.

1.3 The mutual rights and obligations based on the travel contract arise from the agreements made between Cprime and the customer, these terms and conditions and, in addition, from the statutory regulations.

1.4 The rights and obligations of the client towards external service providers are exclusively governed by the regulations of the travel contract and the travel and business conditions of the service provider. Cprime will point out the travel and business conditions of the service provider to the client before or at the conclusion of the contract and give the client the opportunity to take note of their content.

2 General contractual obligations of the tour operator

2.1 Cprime is responsible for the coordination and implementation as well as the smooth running of the trips offered by itself.

2.2 In the case of the mediation of external trips, Cprime carries out the actions necessary according to the mediation order in accordance with the booking order of the client and the corresponding advice and takes over the processing of the booking, in particular the handing over of the travel documents, insofar as these are not sent directly to the client according to the agreements made with the respective mediated travel company.

2.3 The tour operator is entitled to deviate from the booking specifications of the customer if he may assume under the circumstances that the customer would approve of the deviation. This only applies insofar as it is not possible for the tour operator to inform the customer of the deviation in advance and to ask for his decision. The tour operator shall inform the customer before a deviation from the booking specifications and await the customer’s instructions, unless the time delay caused by this endangers the performance of the travel contract unconditionally granted by the customer or makes it impossible.

2.4 When giving advice and information, the tour operator is only liable for the correct selection of the source of information and the correct passing on to the customer, insofar as the advice and information has not been expressly given in a binding manner.

2.5 A special information contract with a main contractual obligation to provide information only comes into existence with a corresponding express agreement between the tour operator and the customer.

2.6 In the absence of an express agreement, the tour operator is not obliged to determine and/or offer the cheapest provider of the requested travel service when offering external offers.

2.7 The customer is hereby expressly informed of the possibility of taking out travel cancellation insurance. Such insurance is not included in the service prices offered. If the customer takes out such insurance through the intermediary of the tour operator, the tour operator is not obliged to inform the customer about the scope, the coverage and the other insurance conditions, insofar as the customer can inform himself about the insurance conditions from the documents of the tour operator or external service provider given to him or available to him or from the insurance documents of the insurer.

3 Entry regulations, visas and certificates

3.1 The tour operator informs the customer about entry, passport and visa regulations as well as health formalities only upon explicit request of the customer.

3.2 Otherwise, a corresponding duty of clarification or information only exists if special circumstances known or recognisable to the tour operator make an express reference necessary and the corresponding information (especially in the case of package tours) is not already contained in a travel brochure, online offer or similar available to the customer.

3.3 When providing information and advice, the tour operator assumes that the customer and his fellow travellers are German nationals in whose person there are no special circumstances (e.g. dual nationality). If this is not the case, it is the responsibility of the customer to inform the tour operator of this.

3.4 Corresponding duties of the tour operator to provide information are limited to the provision of information from or via suitable sources of information, in particular from current reference works customary in the industry or the passing on of information from foreign embassies, consulates or tourist offices.

3.5 The customer is responsible for obtaining visas or other documents required for the travel unless the tour operator has expressly assumed the procurement of these documents by special agreement. In this case, the tour operator can demand reimbursement of the expenses incurred in connection with the procurement of documents (in particular telecommunications costs and, in urgent cases, the costs of messenger services and/or the costs of commissioning relevant service companies). When accepting an order for document procurement, the tour operator must inform the customer about the expected amount of the costs.

3.6 The tour operator is not liable for the issuance of visas and other documents and for the timely receipt, unless the circumstances relevant for the non-issuance or the delayed receipt have been culpably caused or contributed to by the travel agent.

4 Tour operator and transport conditions

The contractual relationship between the customer and the travel services offered by Cprime is governed exclusively by the general terms and conditions of business and carriage of Cprime and those of other named service providers.

5 Procurement of scheduled flight tickets and train tickets

When brokering a ticket for a scheduled airline or train tickets, Cprime acts exclusively as an agent for a contract of carriage. Cprime does not provide any transport services of its own and is therefore not liable for the proper performance of the transport services of the scheduled airline or railway.

6 Booking procedure and travel documents

6.1 The tour operator, as well as the customer himself, are obliged to check the booking confirmations and other travel documents sent to the customer for correctness and completeness, in particular for agreement with the booking request. The customer is obliged to inform the tour operator immediately of any discrepancies, missing documents or other discrepancies. If the customer does not comply with this obligation, he may in any case be jointly responsible for any resulting damage (§ 254 BGB).

6.2 In the case of the mediation of a trip by Cprime, travel services are only mediated and their availability is not guaranteed. If only a travel service that deviates from the customer’s brokerage order can be arranged, the customer will be informed by Cprime. The customer can accept this offer, which differs in content, within a period of time set by Cprime to accept the changed offer. If no acceptance takes place, no contract is concluded. 7.

7 Withdrawal, Cancellation and Collection

7.1 The traveller is entitled to withdraw from the tour before the start of the tour. In the event of withdrawal, the tour operator is entitled to quantify and claim compensation by means of the following flat rates (in accordance with § 651 i paragraph 3 BGB). The following flat rates also take into account the period between the declaration of withdrawal and the start of the service.

Up to 30 days before the start of the tour a cancellation fee of 20% of the tour price will be charged,
from the 29th to the 22nd day 35%,
from the 21st to the 15th day 55%,
from the 14th to the 8th day 75%,
from the 7th to the 0th day 100%

of the tour price will be charged. These regulations also apply if individual travellers withdraw from a group or do not start the trip without cancellation. The traveller is at liberty to prove that no damage or less damage has been incurred. The tour operator reserves the right to demand higher, concrete compensation instead of the above lump sums, insofar as the tour operator can prove that considerably higher expenses than the applicable lump sum have been incurred. In this case, the tour operator is obliged to specifically quantify and prove the requested compensation, taking into account the saved expenses and any other use of the travel services. The legal right of the customer to provide a substitute participant in accordance with § 651 b BGB remains unaffected by the above conditions.

7.2 The Tour Operator may charge a service fee for offering the travel contract and the related services, the amount of which is variable and depends on the booked travel service. The service fee will not be refunded in the event of cancellation of the main contract, unless the cancellation is due to the fault of the tour operator and/or their vicarious agents.

7.3 In the event of cancellation of a booked travel service, the Tour Operator may demand payment of the respective cancellation costs notified at the time of booking. The client can only declare a set-off against these claims with their own claims if these are undisputed or have been legally established or are based on a culpable act by Cprime.

7.4 Cprime is also entitled to demand cancellation costs for arranged trips communicated prior to booking, insofar as the organiser has commissioned Cprime with the collection of the counter-performance. Insofar as Cprime pays fees for trips or cancellations or lump sum compensation for the client to service providers, Cprime is entitled to a claim for reimbursement of expenses against the client. The forwarding of the travel fee to the service provider is not precluded by any warranty claims of the customer or other claims of the customer against the service provider.

7.5 Insofar as Cprime arranges package tours (§ 651a BGB), Cprime must check the organiser’s security certificate for its validity. Payments are only due when the organiser’s security certificate is handed over to the customer. If the chattel paper is available, payment is due in accordance with the payment conditions of the tour operator; the dispatch of travel documents is based on the travel conditions of the tour operator or the agreement with the service provider of a travel service. In the case of internet bookings, the travel agent shall send the travel documents to the customer within five working days of the booking, but not before receipt of full payment by the customer. In the case of bookings at short notice of less than three working days before the start of the service, the documents shall be deposited for the customer at the airport or at another service location by agreement.

7.6 Up until the start of the journey, the client can request that a third party takes over the rights and obligations from the travel contract. Cprime can object to the entry of the third party if they do not meet the special travel requirements or their participation is contrary to legal regulations or official orders. If a third party enters into the contract, the third party and the traveller are jointly and severally liable for the tour price and the additional costs arising from the entry of the third party. 8.

8 Services not used

If the traveller does not make use of individual travel services as a result of an early return journey or for other compelling reasons within his or her sphere of influence, there is no entitlement to a proportional refund of the travel price. However, Cprime will endeavour to obtain reimbursement from the service providers for the expenses saved. This obligation does not apply if the services are completely insignificant or if legal or official regulations prevent reimbursement.

9 Cancellation due to failure to reach the minimum number of participants and termination by the tour operator

Cprime can only withdraw from the travel contract up to 3 weeks prior to the start of the trip if the advertised or officially stipulated minimum number of participants is not reached, if a minimum number of participants is indicated in the travel description and in the travel confirmation for the corresponding trip and this number as well as the time by which the withdrawal declaration must be received before the contractually agreed start of the trip. In any case, Cprime is obligated to inform the client immediately after the occurrence of the condition for the non-implementation of the trip and to send the client the cancellation notice and the paid trip price as quickly as possible.

10 Cancellation for reasons of conduct

Cprime can withdraw from the travel contract or terminate the travel contract after the start of the trip without observing a period of notice if the traveller persistently disturbs the implementation of the trip despite a warning or if he/she behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified, in which case Cprime retains the claim to the price of the trip and a handling fee of € 150 is charged. Any additional costs for the return journey shall be borne by the disruptive party itself. The value of the saved expenses and services not used, including the amounts credited to us by the service providers, will be taken into account at the highest.

11 Changes in prices and services

11.1 Changes or deviations to individual travel services from the agreed content of the travel contract (e.g. changes to flight times, changes to the programme, change of hotel) which become necessary after the contract has been concluded and which have not been brought about by Cprime against good faith are permitted insofar as the changes or deviations are not significant and do not affect the overall nature of the booked trip. Any warranty claims remain unaffected insofar as the changed services are defective. In the event of a significant change to an essential travel service, the client is entitled to withdraw from the contract free of charge or to demand participation in a trip of at least equal value if Cprime is able to offer such a trip at no extra cost to the client. The customer should assert these rights immediately after the tour operator’s declaration of the change in the travel service or the cancellation of the trip.

11.2 Cprime reserves the right to change the prices advertised and confirmed with the booking in the event of an increase in transport costs or charges for certain services, such as port or airport taxes or a change in the exchange rates applicable to the trip in question as follows: If the transport costs existing at the time of conclusion of the travel contract, in particular the fuel costs, increase, Cprime may increase the tour price in accordance with the following calculation:
In the case of an increase related to the seat, Cprime can demand the amount of the increase from the passenger.

In other cases, the additional transport costs demanded by the transport company per means of transport are divided by the number of seats of the agreed means of transport.

In the event of a change in exchange rates after the conclusion of the travel contract, the tour price can be increased to the extent that the tour has become more expensive for Cprime as a result. An increase is only permissible if there are more than 4 months between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase had not yet occurred before the conclusion of the contract and were not foreseeable at the time of the conclusion of the contract. In the event of a subsequent change in the tour price, the tour operator must inform the customer immediately. Price increases from the 20th day before departure are invalid. In the event of price increases of more than 5%, the customer is entitled to withdraw from the travel contract without charge or to demand participation in a tour of at least equal value. The client is requested to assert the aforementioned rights immediately after the declaration of the price increase.

11.3 Insofar as Cprime arranges flights, the airlines reserve the right to make changes to the agreed services due to internationally valid aviation regulations, within the framework of legal provisions. These changes are not the responsibility of Cprime.

12 Obligations of Cprime in the case of complaints by the client towards external service providers

12.1 In the case of complaints and the assertion of claims against an external service provider, the obligation of Cprime is limited to the communication of the name and address of the service provider. This does not apply if Cprime has been authorised by the service provider to receive these statements.

12.2 There is no obligation on the part of Cprime to accept and/or forward corresponding declarations or documents. If Cprime takes over the forwarding of the client’s claim letters within the deadline, it is only liable for the timely delivery to the recipient in the event of a failure to meet the deadline caused by itself intentionally or through gross negligence.

12.3 With regard to any claims of the client against the service providers, Cprime is also not obliged to advise on the type, scope, amount, conditions of entitlement and deadlines to be observed or other legal provisions.

13 Liability

13.1 The liability of the tour operator for damages of the customer, regardless of the legal reason, is excluded, insofar as the damage of the customer was caused by the tour operator or a legal representative or vicarious agent of the tour operator neither intentionally nor grossly negligently and is not based on a violation of essential contractual obligations by the tour operator or a legal representative or vicarious agent. Excluded from the above limitation of liability are damages resulting from injury to life, body or health. For these damages the tour operator is liable according to the legal regulations.

13.2 In the case of mediated trips, Cprime itself is not liable for the proper provision of the mediated service. The respective service providers are exclusively responsible for the fulfilment as well as for defects of the arranged travel service.

Cprime does not accept any liability for changes to the service provided by the service provider after the conclusion of the main contract.

14 Exclusion Period and Statute of Limitations

14.1 Claims of the customer due to non-contractual fulfilment of the travel contract must be asserted by the customer against the tour operator within a preclusion period of one month. The period begins with the contractually stipulated end of the arranged travel service (in the case of several directly consecutive travel services with the end of the last travel service), but not earlier than the time at which the customer became aware of the circumstances giving rise to the claims against the tour operator. After expiry of the deadline, the customer may only assert claims if he was prevented from complying with the deadline through no fault of his own.

14.2 Claims of the customer arising from the travel contract are subject to a limitation period of one year, beginning with the end of the year in which the claim arose and the customer became aware of the circumstances giving rise to the claim or should have become aware of them without gross negligence, unless the claims are based on injury to life, body or health or on an intentional or grossly negligent breach of duty by the travel agent.

15 Data protection

The personal data you provide us with will be electronically processed and used to the extent necessary for the performance of the contract. All your personal data will be processed in accordance with German and European data protection law.
You can find further information on the handling of your data in our data protection declaration at: https://touchthelimit.de/Datenschutz.

16 Final clause

Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. No liability is accepted for input and calculation errors.