AGB's von Hotel und Touren (E)

General travel conditions

Posada Nena (Terms and Conditions)

These terms and conditions apply when booking a trip to Costa Rica and/or Panama with Posada Nena as the travel agent.

Room reservations at Posada Nena fall under the applicable hotel law in Costa Rica and can be canceled free of charge up to 24 hours

1. Registration/travel confirmation

1.1 By registering, the traveler makes a binding offer to the tour operator to conclude a travel contract. Registration can be made in writing, verbally, by telephone or electronically (e-mail). For electronic bookings, the tour operator immediately confirms receipt of the booking electronically. This confirmation of receipt does not constitute confirmation of acceptance of the booking order.
The traveler also registers for all participants listed in the registration, for whose obligations the traveler is responsible as for his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration. The traveler is bound to his registration until it is accepted by the tour operator, but for a maximum of 14 days from the date of registration.
1.2 The travel contract is concluded upon acceptance by the tour operator. The traveler receives a written travel confirmation from the tour operator. If the content of the travel confirmation differs from the content of the registration, this will be expressly pointed out in the confirmation. The tour operator is bound to this new offer for 10 days. The contract is concluded on the basis of this new offer if the traveler declares acceptance within ten days.
1.3 These travel conditions apply exclusively to trips organized by Posada Nena itself.
1.4 For individual services that are merely arranged as third-party services, the tour operator only acts as an agent. For these trips or services, the business or travel conditions of the respective third-party contractual partner expressly apply.

2. Payment/sending of travel documents

2.1 Upon conclusion of the contract, a deposit of at least 20% of the travel price is due no later than 7 days after receipt of the travel confirmation/invoice. In individual cases, up to 100% of the block price may be due for modules such as camps & tours on the Osa Peninsula, as these services must be paid 100% by the organizer when booking.
2.2 The deposit may be accepted by the tour operator within the meaning of Section 651k Paragraph 3 of the German Civil Code (BGB) and will be offset against the travel price.
2.3 The remaining travel price is due no later than 28 days before the start of the trip.
2.4 For bookings made less than 28 days before the start of the trip, the entire travel price is due immediately.
2.5 If the requirements for the due date of the travel price are met, the traveler has no right to the provision of the travel service without full payment of the travel price. In the case of bank transfer, receipt of full payment of the travel price on the tour operator's account is decisive.
2.6 The travel documents will be handed over or sent to the traveler at his choice upon receipt of payment in full.
2.7 The tour operator is entitled to withdraw from the travel contract and to demand compensation for non-performance from the traveler if the traveler has not paid the travel price due after a reminder and setting a reasonable deadline.
2.8 Cancellation compensation, processing and rebooking fees as well as insurance premiums are due immediately.

3. Benefits

3.1 The scope of the contractual services results from the tour operator's service descriptions and the special requests expressly agreed with the traveler as well as the related information in the travel confirmation that subsequently reflects the agreement.
3.2 The information contained on the organizer's website is binding. However, the tour operator expressly reserves the right, for objectively justified, significant and unforeseeable reasons, to declare a change to specific travel services in the travel description before the contract is concluded, of which the traveler will be informed before booking.
3.3 For the reasons mentioned, the tour operator also expressly reserves the right to declare a change to the specific travel price in the travel advertisement before the contract is concluded, of which the traveler will be informed before booking.
3.4 Travel agencies and tour guides are not authorized to give assurances that deviate from the content of the travel contract or to make amending or supplementary agreements.

4. Service/price changes

4.1 Changes or deviations of individual travel services from the contractually agreed content of the travel contract, which become necessary after conclusion of the contract and which were not brought about by the tour operator in bad faith, are only permitted if the changes or deviations are not significant and do not affect the overall design of the booked trip affect. In such a case, adequate replacement services will be offered.
4.2 Any warranty claims remain unaffected if the changed services have defects.
4.3 The tour operator is obliged to inform the traveler immediately of any changes or deviations in services. If necessary, the tour operator will offer the traveler a free rebooking or a free cancellation.
4.4 The tour operator reserves the right to change the prices advertised and agreed upon booking in the event of an increase in transport costs, in particular fuel costs or taxes for certain services, such as port or airport fees and entry fees, or a change in the exchange rates applicable to the trip in question ( Cost factors) according to the following calculation, whereby the corresponding increase amount is added to the travel price.
If the transport costs existing at the time the travel contract is concluded, in particular the fuel costs, increase, the tour operator can demand the specific increase amount from the traveler in the event of an increase based on the seat.
In other cases, the additional transport costs required by the transport company per means of transport are divided by the number of seats in the means of transport. The tour operator can demand the resulting specific increase amount from the respective traveler.
If the taxes existing at the time of conclusion of the travel contract, such as port, airport fees or entry fees, are increased, the tour operator can demand the respective proportionate, specific increase amount from the respective traveler.
If the exchange rate changes after the travel contract has been concluded, the tour operator can demand the corresponding proportional increase in the price increase from the respective traveler.
A price increase is only permitted if there is a period of more than 3 months between the conclusion of the contract and the agreed travel date.
4.5 The tour operator has to inform the traveler of such a price change or
to declare the change to an essential travel service immediately after becoming aware of the reason for the change. However, a price increase must be received by the traveler no later than the 21st day before the agreed start of the trip. Price increases after this point are no longer permitted.
4.6 In the event of price increases of more than 5% or a significant change to an essential travel service, the traveler is entitled to withdraw from the travel contract without incurring any fees or to request participation in a trip of at least equivalent value if the tour operator is able to arrange such a trip without additional charge to offer travelers from its offering.
4.7 The traveler must assert these rights immediately after the tour operator's declaration.

5. Cancellation by the traveler, rebooking, replacement persons

5.1 The traveler can withdraw from the trip at any time before the start of the trip. The decisive factor is the receipt of the declaration of withdrawal by the tour operator or the person responsible for receiving it. The tour operator expressly recommends that you declare your withdrawal in writing.
5.2 If the traveler withdraws from the contract or does not start the trip, the tour operator can demand appropriate compensation. The amount of compensation is determined by the travel price, deducting the value of the expenses saved by the tour operator and what he can acquire by using the travel service elsewhere.
5.3 The tour operator can set compensation for each type of trip, taking into account the expenses usually saved and the acquisition usually possible through other use of the travel services as well as the proximity of the time of withdrawal to the contractually agreed start of the trip, in a percentage ratio of the travel price, taking into account the structure below (flat rate ):
For all trips organized by the tour operator, a compensation (processing fee) of 125 euros per person is incurred up to the 212th day before the start of the trip
from the 120th to the 96th day before departure 5%
from the 95th to the 46th day before departure 15%
from the 45th to the 29th day before departure 25%
from the 28th to the 15th day before departure 45%
from the 14th to the 7th day before departure 75%
from the 6th day before departure 90% of the travel price.
5.4 The traveler has the right at any time to prove that the tour operator's damage was actually lower or that the expenses saved were higher or that no damage occurred at all.
5.5 Until the start of the trip, the traveler can request that a third party take over the rights and obligations from the travel contract instead. The tour operator can object to the third party's entry if they do not meet the special travel requirements or if their participation is contrary to legal regulations or official orders. If a third party enters into the contract, he and the traveler are jointly and severally liable to the organizer for the travel price and the additional costs arising from the third party's entry.
5.6 After conclusion of the contract, with the consent of the traveler, a change to the services of the travel contract or the travel price is possible at any time within the time period of validity of the travel advertisement. If the traveler requests a rebooking with regard to the travel date, the travel destination, the place of departure, the accommodation or the transport contract, a rebooking fee of €30.00 per traveler will be charged, provided the request is granted.
5.7 The traveler's requests to rebook after the cancellation deadline can only be carried out after withdrawing from the travel contract and simultaneously re-registering for the changed trip. The regulations according to Section 5 of these General Terms and Conditions apply.
5.8 All additional costs that arise during the trip as a result of or in connection with changes to the planned itinerary for reasons relating to the customer's personal responsibility will be borne by the customer and must be paid to the respective claimant immediately as they arise. These additional costs include, for example, expenses that arise from the customer arriving late for the departure or the prepared trip or costs for an early return from a hike or excursion due to indisposition, illness or accident (e.g. helicopter return transport, hospital and hotel stay). for the accompanying person). If the tour operator makes a presentation to meet an acute emergency, the amounts paid by the tour operator must be reimbursed immediately after the trip has been completed.
5.9 Travel insurance:
The travel participant can insure himself against risks that may arise in connection with a trip, in particular in the event of cancellation or termination of the trip. We strongly recommend such insurance and take it out for the customer if they instruct us to do so when booking.

6. Withdrawal and termination by the tour operator

The tour operator can withdraw from the travel contract before the start of the trip or terminate the travel contract after the start of the trip in the following cases:
6.1 The tour operator can terminate the travel contract for good cause without observing a notice period. Tour guides or local representatives of the organizer are authorized to declare termination. An important reason may be given in particular if the traveler does not meet the previously announced special travel requirements or if his behavior disrupts or endangers the travel process in the long term and this is not or cannot be remedied even after a warning. In the event of this termination, the tour operator generally retains the right to the travel price, but must be credited with the value of the saved expenses as well as the benefits that are obtained from other use of the services not used, including the amounts credited to him by the service providers .
6.2 If an advertised or officially stipulated minimum number of participants is not met, the tour operator can withdraw from the contract if a minimum number of participants is indicated in the travel advertisement for the corresponding trip. In any case, the tour operator is obliged to inform the traveler immediately after the condition for the trip not being carried out and to send him the declaration of withdrawal immediately. The tour operator can withdraw from the trip up to the 21st day before the start of the trip if the minimum number of participants specified in the travel announcement is not reached. The traveler will receive the paid travel price back immediately. The customer has no further claims.

7. Force Majeure

7.1 The tour operator can terminate the travel contract in the event of unforeseeable force majeure if this would make the trip more difficult, endangered or impaired. In this case, the traveler is also permitted to terminate the contract. If the contract is terminated, the tour operator can demand appropriate compensation for the travel services provided or still to be provided to end the trip.
7.2 Furthermore, the tour operator is obliged to take the necessary measures to transport the traveler back, especially if the contract includes return transport. The additional costs for the return transport must be borne equally by both parties. In all other cases the traveler is responsible for additional expenses.

8. Liability of the tour operator

8.1 The tour operator is liable within the scope of the duty of care of a prudent businessman
- conscientious travel preparation;
- the careful selection and monitoring of service providers;
- the accuracy of the description of all specified travel services, unless the tour operator has declared a change to the travel information in accordance with Section 1 before conclusion of the contract;
- the proper provision of the contractually agreed travel services, provided that he is the organizer himself.

In the event that the tour operator is only an agent of travel services, he must exercise the care of a prudent businessman
- to procure the travel service provided and to make efforts to conclude the contract for this purpose;
- to provide the necessary advice and information and
- to do everything possible to carry out the main contract properly.

9. Warranty

9.1 If the trip is not provided in accordance with the contract, the traveler can request redress. The tour operator can remedy the situation by providing an equivalent replacement service. The tour operator can also refuse the remedy if it requires disproportionate effort.
9.2 For the duration of the trip not being provided in accordance with the contract, the traveler can request a corresponding reduction in the travel price (reduction). The travel price is to be reduced in the ratio in which the value of the trip in a defect-free condition would have stood at the time of sale to the actual value. The reduction does not apply if the traveler culpably fails to report the defect.
9.3 If a trip is significantly impaired as a result of a defect and the tour operator does not provide remedial action within a reasonable period of time, the traveler can terminate the travel contract within the framework of the legal provisions - in his own interest and for reasons of preserving evidence, expediently by means of a written declaration. The same applies if the traveler cannot be expected to travel due to a defect for an important reason that is apparent to the tour operator. There is only no need to set a deadline for remedy if remedy is impossible or is refused by the tour operator or if the immediate termination of the travel contract is justified by a special interest of the traveler. It owes the tour operator the part of the travel price attributable to the services used, provided that the services were of interest to him.
9.4 The traveler can, without prejudice to the reduction or termination, demand compensation for non-performance, unless the defect in the trip is due to a circumstance for which the tour operator is not responsible.

10. Limitation of Liability

10.1 The tour operator's liability for damage that is not physical damage is limited to the travel price, provided that the traveler's damage was not caused intentionally or through gross negligence, or that the tour operator is solely responsible for damage suffered by the traveler due to the fault of a service provider.
10.2 The tour operator's tortious liability for property damage that is not due to intent or gross negligence is limited to three times the travel price. This maximum liability amount applies per customer and trip. Possibly additional claims in connection with luggage under the Montreal Convention remain unaffected by the restriction.
10.3 The tour operator is not liable for disruptions in connection with services that are merely arranged as third-party services (e.g. sporting events, theater visits, exhibitions, travel programs, etc.) and that were expressly marked as third-party services in the travel advertisement.
10.4 If international agreements or legal regulations based on them apply to a travel service to be provided by a service provider, according to which a claim for damages only arises or can be asserted under certain conditions or restrictions or can be excluded under certain conditions, the tour operator can refer to this to the traveler.

11. Exclusion of claims and statute of limitations

The traveler must assert claims for non-contractual provision of the trip to Posada Nena SA within one month of the contractually agreed end of the trip. After this deadline has expired, the traveler can only assert claims if he was prevented from complying with the deadline through no fault of his own. The traveler's claims according to §§651c to 651f BGB expire after one year. The limitation period begins on the day on which the defect was reported to the tour operator.

12. Obligation to cooperate

If service disruptions occur, the traveler is obliged to cooperate within the framework of the legal provisions in order to avoid or minimize any damage. In the event of complaints, he is obliged to inform the local tour guide immediately. This is responsible for remedial action, if possible. If the traveler culpably fails to report a defect, there will be no claim for a reduction.

13. Passport, Visa and Health Requirements

13.1 The tour operator undertakes to inform nationals of the country in which the trip is offered about the necessary passport and visa requirements, in particular the deadlines for obtaining these documents, as well as any changes to them before the start of the trip. Citizens of other countries may have different passport and visa requirements, which the responsible consulate can provide information about. In addition, the tour operator undertakes to inform the traveler about the necessary health formalities and any changes thereto before the start of the trip.
13.2 The traveler is responsible for complying with all passport, visa and health regulations that are important for the trip.
13.3 All disadvantages, in particular the payment of cancellation costs, that arise from non-compliance with this regulation are at his expense. Excluded from this are costs resulting from culpable incorrect or non-information provided by the tour operator.

14. Invalidity of individual provisions

The ineffectiveness of individual provisions of the travel contract does not result in the invalidity of the entire travel contract.

15. Jurisdiction

15.1 The tour operator's headquarters is Santa Ana in Costa Rica.
15.2 The traveler's place of residence is decisive for legal actions brought by the tour operator against the traveler, unless the legal action is directed against registered traders or persons who do not have a general place of jurisdiction in the country, or against persons who have their domicile or usual place of abode after conclusion of the contract have moved abroad, or whose place of residence or habitual residence is not known at the time the action is filed. In these cases, the location of the tour operator is decisive.

16. Restrictions

Errors in prices and dates remain reserved.

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