The tour operator airtours – a TUI Deutschland GmbH brand (hereafter referred to as ‘Tour Operator’) is working in conjunction with Porsche (operating under the name Porsche Travel Club) to provide the experience holidays described in the catalogue. Please read these terms and conditions carefully, as by making a booking you agree to accept them. They will be sent to you before you make your booking. They apply to all the holidays offered by the Porsche Travel Club, plus the additional services (e. g. green fees) that you book through the tour representative at your destination (see sections 12–14). These terms and conditions supplement articles 651a–m of the BGB (Bürgerliches Gesetzbuch – German Civil Code) and articles 4–11 BGB-InfoV (Ordinance on the Requirement to Provide Information and Supporting Documents in Civil Law).
1. Booking, confirmation
1.1 With your booking you are agreeing to enter a binding travel contract with the Tour Operator. The travel contract is binding on the Tour Operator once he has confirmed booking and price of the holiday in writing.
1.2 Your booking is for you as well as for all the people travelling with you. You are answerable for your obligations in respect of this contract as well as for those of the people travelling with you, provided you have accepted specific responsibility by signing a separate declaration.
1.3 You will receive written confirmation at the time of or directly after concluding the contract (sub-section 1.1 clause 2). The confirmation in writing will contain all important details and information on the holiday services you have booked. If the confirmation differs from your application, the operator is bound by the new offer for 10 days. The holiday contract comes into effect on the basis of the new offer if you accept the new offer within the 10-day deadline.
1.4 Advance reservations are provisional bookings for holidays not yet advertised. The Tour Operator turns them into firm bookings as soon as the brochure for the relevant season and the requested holiday are made generally available.
1.5 If you only book an additional service (e. g. green fees, admission ticket) from a third party provider without any travel arrangements, the Tour Operator is only acting as agent for the third party. The purchase of the mediated service(s) means you are entering into a contractual arrangement with the respective provider. The name of the provider in question is on the voucher that you will receive.
2. Payment
2.1 To safeguard the monies paid by customers the Tour Operator has taken out insolvency insurance cover with the German Reisepreis Sicherungsverein VVaG (DRS). You will find an insolvency insurance certificate on the confirmation.
2.2 After conclusion of the agreement, a deposit of 25 % of the total price becomes due when you receive the confirmation. The balance must be paid 30 days before the departure date (see sub-sections 2.3 and 2.5.3). No reminders will be sent. Different cancellation conditions shall apply to the tour price:
Camp4/Camp4S/ Ice-Force/Ice-Force S
25 % deposit, balance 2 months before departure.
2.3 The balance becomes due once it has been confirmed that your holiday is available as booked and the travel documents are either waiting for you at the travel agency or have been sent to you as agreed.
2.4 The amounts for the deposit and balance and any applicable cancellation charge in the case of cancellation are shown in the confirmation. The charges in the event of cancellation (cf. section 7), change to booking or handling fees (cf. section 8) as well as charges for customised holiday arrangements (cf. sub-section 3.4) are payable immediately.
2.5 Paying the Tour Operator
2.5.1 Payments to the account of the Porsche Travel Club can only be made in euros. In the case of direct debiting the Tour Operator will need details of your bank account, your address or, if appropriate, the address for sending the travel documents as well as your written authorisation to charge your account.
2.5.2 You may also pay for your holiday by credit card. In this case you will be asked to provide your credit card details on a separate form when booking. The Tour Operator will also need your address or, where relevant, the address of the person who will be receiving the documents, as well as your authorisation to charge your current account via the credit card. Please note that the TUI Card/TUI Card Gold cannot be used when making bookings with the Porsche Travel Club.
2.5.3 As a rule the deposit is debited within a week after concluding the contract and the balance 30 days before the departure date but not, in the latter case, before the conditions set out in sub-section 2.3 have been met.
2.6 […]*
2.7 Changes to the agreed method of payment can only be made up to 35 days before start of the holiday.
2.8 If you have not received your travel documents at the latest 4 days before your departure date, please contact the Porsche Travel Club immediately. In the case of short notice bookings made within 7 days of the departure date, how you receive your travel documents will be agreed with the Service Team of the Porsche Travel Club. In your own interest we ask you to check your travel documents carefully.
2.9 If payments that are due are not paid or not fully paid and you do not pay even after receiving a reminder with payment deadline, the Tour Operator can cancel the contract except in the case that a serious deficiency to the holiday has already become apparent. In the event of cancellation of the travel contract in the context of the sentence above, the Tour Operator can demand payment of cancellation charges as compensation in line with sub-sections 7.2 and 7.5. If you do not effect payments despite being in arrears, the Tour Operator reserves the right to charge a fixed dunning cost fee of €10 for the second reminder. Your right to prove that substantially lower or no costs were incurred remains unaffected.
2.10 Costs for additional services, such as visa applications, etc., are not included in the holiday price unless expressly itemised in the brochure write-up. If such costs are incurred, they will be invoiced separately.
3. What you get and the price of your holiday
3.1 The contractually agreed travel services are found in the documentation (e. g. brochure, flyer, internet). The relevant details are found in the confirmation (cf. sub-section 1.1 clause 2). Before the contract is concluded the Tour Operator can modify the descriptions of holiday services at any time. Of course the traveller will be informed accordingly before making the booking.
3.2 Air carrier for the flight/EU Blacklist The Tour Operator is obliged in line with EU Regulation 2111/2005 of 14.12.2005 to inform you of the identity of the air carrier(s) for the flight(s). If the air carrier has not yet been conclusively established at the time of the booking, you will be informed as to the air carrier that will probably perform the flight. As soon as the identity has been conclusively established, you will be informed accordingly. In the event that a change occurs to the air carrier performing the flight after the booking has been made, you will be informed accordingly as soon as possible. The list of air carriers subject to an operating ban within the EU (EU Blacklist) can be found at www.lba.de.
3.3 Flights
The flights will be with scheduled airlines. Travellers will be carried in economy class; a transfer to First Class or Business Class is possible on payment of the appropriate supplement. Transportation is provided on the basis of the terms and conditions of transport of the respective transport provider. These can be furnished if so requested. We strongly recommend that money, valuables, technical equipment and medication be carried exclusively in your hand baggage.
3.4 Special requests, customised holidays
3.4.1 The Porsche Travel Club may only accept the handling of special requests if they declare them to be non-binding. The Tour Operator will do his best to accommodate the request for special arrangements that are not described in the write-up, e.g. neighbouring rooms or rooms in a certain location or setting.
3.4.2 […]*
3.4.3 Porsche Travel Club à la carte service
In addition to the services described in the write-up, the Porsche Travel Club will be happy to cater to your personal travel requests (à la carte service). We offer the à la carte service for selected destinations starting from a minimum price of €1,000 per person (for the additional services). In addition, starting from a total price of €5,000 per booking, you are entitled to use the à la carte service for bookings already made. For this we charge a service fee of €150 per booking. The service fee is per person and is added to the price of holidays costing more than €5,000. It is not refunded in the event that a booking is not made. This à la carte service refers to all travel components that do not conform to the description of travel services according to the brochure.
3.4.4 If travellers already at the destination request changes to flight or hotel arrangements, the Tour Operator reserves the right to charge a €50 handling fee per person in addition to the extra costs that may arise.
3.5 […]*
3.6 Prolong the holiday stay
If you would like to prolong your holiday stay, please inform the travel representative or the Porsche Travel Club team as soon as possible. We are only too happy to extend your stay if the relevant accommodation and return transport options are available. The costs for extending the stay are payable at the destination. Please have a close look at the applicable rates and conditions for your return transport as well as the period of validity of your travel insurance and any possible visa requirements.
3.7 Travel representative services, support and assistance
For the holidays on offer you will be looked after at the destination by travel representatives of the Porsche Travel Club. Please consult the travel documentation for details, addresses and phone numbers. In the event of complaints, please refer to the special notes in sub-section 13.7.2.
4. [...]*
* Not applicable to the Porsche Travel Club.
5. [...]*
* Not applicable to the Porsche Travel Club.
6. Changes to travel services and prices
6.1 Any changes in or deviations from individual holiday services specified in the original travel contract that may become necessary after conclusion of the contract and are not due to actions on the part of the Tour Operator involving a breach of good faith are permissible only to the extent that they are of minor significance and do not impair the overall nature of the holiday booked. Flight times are as shown on the flight ticket. For reasons related, for instance, to air traffic congestion occasional delays or postponements to flights as well as route changes cannot be ruled out. Weather conditions may sometimes mean that the route specified in the schedule cannot be flown. The customer will be notified of any diversions by the local travel representative.
6.2 Any warranty claims remain unaffected, especially as far as the changed services are subject to defects. The Tour Operator undertakes to inform the customer immediately concerning changes in or deviations from holiday services. If appropriate, the Tour Operator will offer the customer the opportunity of rebooking or cancelling the contract free of charge. If a changed flight also involves a change in the airport, any Rail & Fly ticket in your holiday documents is still valid.
6.3 […]*
6.4 After conclusion of the holiday contract, if there is a hike in transport costs or duties levied for certain services, such as port or airport taxes, the Tour Operator reserves the right to change the holiday price agreed on in the contract on the basis below:
6.4.1 If transport costs, in particular, fuel costs, rise above the costs at the time of concluding the contract, the Tour Operator can increase the price of the trip according to the following formula:
a) In the case of cost increases charged to the Tour Operator on a seat basis, the Tour Operator can charge the traveller the relevant increase.
b) In other cases the additional transport costs charged by the transport provider per means of transport are divided by the number of seats for the contractual means of transport. The Tour Operator can charge the traveller the resultant increase per seat.
6.4.2 If charges or levies, such as port or airport taxes, that the Tour Operator has to pay are increased above the costs at the time of concluding the travel contract, the price of the holiday can be increased by the corresponding pro-rata amount.
6.4.3 Charging increased costs in accordance with sub-sections 6.4.1 and 6.4.2 is only permitted if the interval between conclusion of the holiday contract and the agreed travel date is more than 4 months and the circumstances leading to the increase had not occurred nor could be foreseen before the contract was concluded.
6.4.4 In the case of a retrospective change of the price of the holiday, the Tour Operator shall inform the traveller immediately. Price increases within the last 20 days before start of the holiday are not permitted. In the case of price increases of more than 5 %, the traveller is entitled to cancel the contract free of charge or request transfer to another holiday that is at least the equivalent of the holiday in question on the condition that the Tour Operator is able to offer such a holiday to the traveller at no extra cost from his programme. The mutual rights and duties referred to in this clause also apply in the case of permitted change to a main holiday service or component.
6.4.5 The traveller shall assert his rights against the Tour Operator immediately after being notified by the Tour Operator about the price increases and/or the change to the holiday service.
7. Cancellation by traveller before the start of the holiday/cancellation charges
7.1 You can cancel your holiday at any time prior to travelling. The date of receipt by the Tour Operator of the notice of cancellation is definitive (see section 17 below for the relevant address). We recommend that you submit your cancellation in writing.
7.2 If you cancel your holiday or fail to undertake the holiday, the Tour Operator loses the entitlement to the holiday price. Instead, the Tour Operator, as long as he is not responsible for the cancellation or the failure to undertake the tour and a case of force majeure does not exist, can demand reasonable compensation depending on the actual holiday price for making the travel arrangements and his costs and time spent (cancellation charges). The scaled, flatrate cancellation charges as itemised in sub-section 7.5 are worked out on a pro-rata basis according to the proximity of the date of cancellation to the date of the contractually agreed start of the holiday taking due account of normally saved expenditures and customary possible alternative use of the unused holiday services and components.
7.3 Cancellation charges are also due if a traveller does not appear punctually (no show) at the times specified in the travel documentation at the relevant airport or place of departure or if the holiday cannot be commenced for failure to possess the relevant travel documents such as valid passport or necessary visa for a reason the Tour Operator is not responsible for.
7.4 You are entitled to provide proof that no or significantly lower costs were incurred in the context of the cancellation or no-show than the costs imposed by the Tour Operator when implementing the flat rates (cf. next sub-section 7.5).
7.5 The flatrate cancellation charges are normally applied per person/per accommodation unit:
7.5.1 […]*
7.5.2 […]*
a) […]*
b) Travel with the Porsche Travel Club more than 30 days before departure 25%,
from 30th day before departure 40%,
from 24th day before departure 50%,
from 17th day before departure 60%,
from 10th day before departure 80%,
from 3rd day before departure until day holiday starts or no-show of 90% of the price of the holiday.
c) […]*
d) Flight-only on scheduled flights per person more than 30 days before departure €50, from 30th day before departure €150. This provision only applies to cancellation of flight-only routes on scheduled flights and not to cancellation of combined journeys. Sub-sections [7.5.1], 7.5.2 item b) apply in this case.
e) The cancellation provisions of the respective provider apply only in the case of additional services, e.g. green fees, admission tickets for musicals, where the Tour Operator acts as agent (cf. sub-section 1.5). You are advised accordingly when making the booking.
f) […]* Differing cancellation provisions apply to the following holidays:
Camp4/Camp4S/Ice-Force/ Ice-Force S
Camp4/Ice-Force/Ice-Force S: Cancellation before 01.11.12:
75% of the holiday price.
From 02.11.12: 90 % of the holiday price.
Camp4S:
Cancellation before 01.01.13:
75 % of the holiday price.
From 02.01.13: 90 % of the holiday price.
Vouchers
If a voucher for a given value that has already been issued to you is returned, a handling fee of 5 % of the value of the voucher will be charged. You are entitled to furnish proof should the costs be lower or indeed non-existant.
7.6 Your right to provide a substitute (see sub-section 8.2 below) remains unaffected by the above provisions.
7.7 Redeeming vouchers
The voucher can be redeemed only for services available in the Porsche Travel Club catalogues. The voucher cannot be redeemed for extra services, such as flights, or for paying any rebooking or cancellation costs. The voucher can be redeemed only when booking through the Porsche Travel Club, airtours – a TUI Deutschland GmbH brand and by submitting or sending in the original voucher. The voucher can be split and used for several bookings. However, the voucher cannot be exchanged for cash and no change can be given. The voucher and its redemption are subject to the law of the Federal Republic of Germany. Vouchers shall be valid for a period of three years from the end of the year in which they are issued.
8. Rebooking, change of person
8.1 Until the 91st day before your holiday starts at your request the Tour Operator will, as far as this is feasible, amend your confirmed booking. A charge of €50 per person will be made. Changes to bookings/ amendments are deemed to include, for example, changes to travel dates, destination, place where holiday commences, accommodation or transport; in the case of scheduled flights, as soon as the ticket has been issued, change to departure time. Changes made that fall within the deadlines referred to above in this sub-section (e. g. for flight-based/standard charges from 30th day before departure) as well as amendments that go beyond the period of validity of the brochure description upon which the booking is based (sub-section 3.1) can only be made by cancelling the travel contract under the provisions in sub-section 7.5 and immediately rebooking. This also applies to flight-only travel on scheduled flights in the case of a change of carrier initiated at your request.
8.2 Until the time of departure you the traveller can request that your rights and duties in accordance with the travel contract be assigned to a third person. The Tour Operator must be notified accordingly. The Tour Operator can object to a third person substituting the traveller if the third person does not fulfil the necessary travel requirements or statutory or official regulations or directives prevent his participation. If a third person replaces the booked traveller, the Tour Operator is entitled to charge a flat-rate handling fee of €50 to cover the associated costs. Your right to prove that substantially lower or no costs were incurred remains unaffected. You as the registered person and the person taking your place are jointly liable for the extra costs of the holiday incurred as a result of the inclusion of the replacement person.
9. Travel insurance
9.1 […]*
9.2 Holidays booked through the Porsche Travel Club include an insurance package covering cancellation and accident insurance.
10. Cancellation and termination by the Tour Operator
10.1 The Tour Operator can terminate the holiday contract without notice if the traveller continues to misbehave despite proper admonishment by the Tour Operator. This also applies if a traveller’s conduct grossly violates the terms of the contract to such an extent that immediate termination of the contract is justified. The Tour Operator has the right to retain the price of the holiday. The disruptive traveller shall also bear any extra costs for repatriation. On the other hand, the Tour Operator must make due cost adjustment to take into account the value of any saved expenditures as well as such benefits profited from for components not consumed by the traveller and put to other meaningful use or any refunds received from service providers.
10.2 The Tour Operator can cancel the holiday contract up to 5 weeks (receipt by the traveller) before departure if the minimum number of participants specified in the relevant description of services and in the holiday confirmation is not reached. The Tour Operator will of course inform you as early as possible as soon as it becomes apparent that the minimum number of participants will not be reached. The notice of cancellation will be delivered to the traveller immediately and you will be immediately refunded the price paid for the holiday.
10.3 In the event of the Tour Operator cancelling the travel contract in line with sub-section 10.2, the traveller is entitled to demand his inclusion in another holiday of at least equal value provided the Tour Operator is able to offer such a holiday from his holiday programme to the traveller without burdening the traveller with extra costs. The traveller shall assert this right against the Tour Operator immediately after becoming cognisant of the Tour Operator’s notice of cancellation. If the traveller does not exercise his right to participate in a holiday of equal value, he shall be immediately refunded the price paid for the holiday.
11. Extraordinary circumstances – force majeure
11.1 We refer you to article 651j BGB in the case of termination of the travel contract due to force majeure. The wording of this article is as follows:
(1) If the trip is substantially impaired, jeopardised or adversely affected as the result of force majeure not foreseeable when the agreement was entered into, then both the tour Tour Operator as well as the traveller may terminate the agreement simply under these provisions.
(2) If the contract is cancelled in line with item (1) above, the provisions of article 651e section 3 clauses 1 and 2, as well as section 4 clause 1 apply. The extra costs for repatriation are shared equally between the parties. In other cases the traveller bears the costs of repatriation.
11.2 You will find travel advisories from the German Foreign Office on the internet at www.auswaertiges-amt.de and can listen to them by calling +49 (0)30 5000-2000.
12. Redress/price reduction/termination
12.1 If a travel service or component is not fulfilled in conformity with the contract, the traveller is entitled to demand redress. The Tour Operator may deliver redress by providing equal or higher value replacement performance. The Tour Operator can refuse to provide redress if this would involve unreasonable expenditure.
12.2 After returning from holiday, the traveller is entitled to claim a reduction in the price of the holiday if the holiday services were not provided in conformity with the contract and he did not culpably omit to notify the Tour Operator of the defects immediately (without undue delay).
12.3 In line with statutory provisions if the holiday is seriously impaired as a result of a deficiency and the Tour Operator does not provide redress within a reasonable period, the traveller is entitled to terminate the holiday contract. It is recommended that the traveller in his own interest and in order to document such action put the notice of termination in writing. The same applies if the traveller cannot be reasonably expected for good cause to continue the holiday due to deficiencies acknowledged by the Tour Operator. A reasonable deadline for providing redress does not apply if redress is impossible or the Tour Operator refuses to provide redress or if the immediate termination of the contract is justified in the traveller’s interest. If the contract is terminated in this way, the traveller is entitled to be repatriated. In this case he will only owe the Tour Operator for the services and components he consumed under the proviso that these were of interest to him.
13. Liability
13.1 If a deficiency should exist, the traveller is entitled irrespective of reduction in the price of the holiday or termination to claim damages for non- performance unless the deficiency was caused by circumstances beyond the Tour Operator’s control. The traveller can also claim damages for wasted holiday time if the holiday was ruined or seriously impaired.
13.2 The Tour Operator’s contractual liability for damages other than personal injury is limited to three times the amount of the price of the holiday as far as the damage suffered by the traveller was not caused by the Tour Operator wilfully or through gross negligence. The limitation of the liability to the threefold of the price of the holiday also applies to damage suffered by the traveller other than personal injury for which the Tour Operator’s responsibility is solely due to the fault of a service provider.
13.3 Compensation claims based on tort against the Tour Operator for unlawful damages that are not due to wilful acts or acts of gross negligence are limited with respect to damage to property to the threefold of the price of the holiday. These maximum liability amounts apply per traveller per holiday. Possible further-going claims related to baggage in accordance with the Montreal Convention remain unaffected by this limitation.
13.4 The Tour Operator is not liable for interruptions to services, personal injury and damage to property related to services for which the Tour Operator acted merely as agent and only mediated services rendered by an outside party (e. g. excursions, sports events, visits to the theatre, exhibitions, transportation services from and to the advertised places of departure and destinations), if these services were explicitly designated in the holiday description and the booking confirmation as services rendered by an outside party stating the arranging contractual partner so clearly that they are discernible to the customer as not being part of the holiday performance of the Tour Operator. However, the Tour Operator is liable
13.4.1 for services which represent the transportation of travellers from the advertised place of departure of the holiday to the advertised destination, interim transport during the journey and accommodation during the journey, as well as
13.4.2 if and as far as the damage suffered by a customer was causally due to the Tour Operator breaching his obligations to inform, advise and organise.
13.5 You are fully responsible if you partake in sports or other holiday activities. You should check sports facilities, equipment and vehicles before using them. The Tour Operator is only liable for accidents that occur in the course of sports and other holiday activities if he must answer for any fault. The Tour Operator recommends that travellers take out accident insurance.
13.6 Transportation is provided on the basis of the terms and conditions of transport of the respective transport provider. These can be furnished if so requested. The terms and conditions of the German railway company Deutsche Bahn (DB) on the reverse of the train documents do not apply. The rights and duties of the Tour Operator and the customer in accordance with German travel legislation and these comprehensive terms and conditions of travel are not limited by the terms and conditions of the respective transport provider. In line with the description of services (sub-section 3.1) your travel documents may contain Rail & Fly tickets from DB and an additional supplement called ‘Fahren & Fliegen’ from the Association of German Transport Companies. All travellers are responsible for arriving in good time at the departure airport, unless their late arrival is the result of an intentional or grossly negligent action on the part of the Tour Operator.
13.7 Duty to cooperate, complaints
13.7.1 In the event of disruptions to services all travellers are bound in the framework of statutory provisions to cooperate in avoiding or minimising possible damage.
13.7.2 Should you contrary to expectation have grounds to make a complaint, the local travel representative or service provider must be informed immediately in line with sub-section 3.7.1 and request redress. Complaining to the service provider is often helpful, but does not relieve you of your duty to complain to the Tour Operator. You will find the applicable telephone and fax numbers as well as e- mail addresses in your travel documents or in the description of services (sub-section 3.1). In the event of damage to or delays in the delivery of baggage or goods after a flight, the Tour Operator recommends that you immediately notify the respective air carrier at the airport by completing and submitting the Passenger Irregularity Report (PIR). After discovering damage later on, in the case of baggage this should be done by completing and submitting the PIR at the latest within 7 days, and in the case of goods within 14 days after taking receipt, and in the case of delayed baggage at the latest 21 days after the baggage or goods were handed over to the traveller. As a rule airlines refuse to pay compensation if the PIR was not completed and submitted. In addition, the loss of, damage to or faulty transport of baggage should be notified to the travel representative. If a traveller culpably omits to report a defect, subsequent claims are null and void.
13.7.3 Travel representatives are not authorised to admit entitlement to any claims.
14. Exclusion of claims, limitation and assignment
14.1 All claims on account of the holiday not being provided in accordance with the contract (articles 651c–f of the BGB) must be lodged with the Tour Operator within one month (the relevant addresses can be found in section 17 below). You are recommended to do so in writing. The traveller can make a claim after the expiry of one month only if he was prevented from doing so earlier by circumstances beyond his control. The day the holiday ended is not counted in calculating the month’s deadline. See 13.7.2 for claims relating to damage to baggage, delays in the return of baggage or the loss of baggage.
14.2 Claims asserted by the traveller in accordance with articles 651c–f BGB for losses resulting from fatal injury, bodily harm or damage to health, if they arise from a deliberate or grossly negligent breach of duty on the part of the Tour Operator or one of this legal represantatives or vicarious agents, lapse according to the statute of limitations after 2 years. This also applies to claims for compensation for other damages that arise from a deliberate or grossly negligent breach of duty on the part of the Tour Operator or one of his legal representatives or vicarious agents.
14.3 All other claims asserted by the traveller in accordance with articles 651c–f BGB lapse after 1 year according to the statute of limitations.
14.4 The determining date for the lapse of claims according to sub-sections 14.2 and 14.3 above is based on the day that follows the day the holiday ends as per contract.
14.5 Claims arising from unlawful acts lapse after 3 years.
14.6 If negotiations between the traveller and the Tour Operator regarding the claim or the circumstances surrounding the claim remain unresolved, then the period after which the claim lapses will be postponed until the traveller or the Tour Operator refuses to continue with the negotiations. The period after which the claim lapses will take effect at the earliest 3 months after the end of the postponement.
14.7 Your travel agent acts only as an agent in making the travel contract. The agent is not authorised to accept any warranty or compensation claims made by the traveller after the end of the holiday.
14.8 The assignment of claims against the Tour Operator to other parties is excluded. This does not apply to cotravelling family members.
15. Passport, visa, customs, foreign currency and health requirements
15.1 The Tour Operator will notify nationals of the country in which the holiday is offered of any requirements concerning passport, visa and health regulations as well as any changes to such regulations before the start of the holiday. Nationals from other countries should contact the respective embassy/consulate of the destination country. Basic information on formalities is given in the holiday travel descriptions in the brochures (sub-section 3.1) and in the holiday documents. Please take note of this information and contact your travel agent should you require more detailed information.
15.2 If the Tour Operator was entrusted with the visa application, the Tour Operator himself is not responsible for ensuring that the visas required are issued by the relevant consular authorities in good time unless the Tour Operator was ultimately responsible for the delay. You should allow approximately 8 weeks for the processing of visa applications, etc., by the relevant authorities.
15.3 The traveller alone is responsible for complying with all regulations necessary to participate in the holiday. Any negative consequences, especially the payment of holiday cancellation charges arising from non-compliance with these regulations, are the traveller’s responsibility, with the exception of consequences due to culpably incorrect or deficient information provided by the Tour Operator.
15.4 Consult the brochure and your travel agent to find out whether you need a passport or whether an ID card is sufficient. Please ensure the validity of your travel documents. In some countries children can be registered in the passport of an accompanying parent, in others children need their own passport.
15.5 Some countries apply very strict customs and currency regulations. Make sure that you are well informed and abide by the regulations.
15.6 Some countries demand that certain vaccination certificates may not be less than 8 days old and not more than 3 years old (smallpox) or 10 years (yellow fever). Proof of such vaccinations is required by the German authorities after returning from certain countries (e. g. from Africa, the Middle East). Please refer to the brochure and consult the Porsche Travel Club.
16. Data protection
Personal data that you give to us will be processed electronically and used as necessary in order to execute the contract. The data will be stored in a central database maintained by Dr. Ing. h.c. F. Porsche AG. airtours – a TUI Deutschland GmbH brand processes and uses your data solely in conjunction with the Porsche Travel Club.
17. Place of jurisdiction/general information
17.1 The recipient of the travel documents is obliged to check the documents received immediately to ensure they are correct (name, travel data, destination, etc.) and to notify the issuer immediately in the event of an error.
17.2 Travellers are obliged to bring a valid driving licence and a valid passport/ identity card to events. The following driving licences are accepted:
• EU driving licences
• National driving licences in German or English
• National driving licences from non-EU countries not issued in English are only acceptable if accompanied by a certified German or English translation
• International driving licences only when presented together with a national driving licence
17.3 The invalidity of individual provisions of the holiday contract does not affect the validity of the overall holiday contract. The same applies to these terms and conditions of travel.
17.4 The contractual relationship between the customer and the Tour Operator is based exclusively on German law. This also applies to the entire legal relationship.
17.5 Insofar as legal action is taken by the customer against the Tour Operator abroad and German law is not applied to the liability of the Tour Operator then as regards the legal consequences, in particular regarding the type, extent and amount of the claims of the customer, exclusively German law shall apply.
17.6 The customer can take legal action against the Tour Operator only at the place where the Tour Operator is based.
17.7 Any legal action taken by the Tour Operator against the customer must be made at the place where the customer is resident. The venue for any legal action against a customer or contract partner to a travel contract who is a trader or merchant, a natural or legal person, whether public or private, who is domiciled or has his usual place of residence abroad or his place of domicile or usual residence is unknown at the time the action is taken, is agreed as the place where the Tour Operator is based.
17.8 The aforementioned conditions about the choice of law and the legal venue do not apply: a) if and inasmuch as something else exists in favour of the customer based on contractually mandatory regulations of international agreements and which are applicable to the travel contract between the customer and the Tour Operator, or b) if and inasmuch as mandatory regulations in the member state of the European Union to which the customer belongs are applicable to this travel contract and are more favourable to the customer than the regulations in these terms and conditions or the corresponding German provisions.
* Not applicable to the Porsche Travel Club.
Travel with the Porsche Travel Club includes:
• Provision of a Porsche vehicle (including petrol) according to the travel description
• Accommodation and meals according to the travel description
• Payment of local taxes
• Accident insurance
• Vehicle insurance (including personal excess of € 2,500; the amount of the excess may vary in certain cases)
• Travel cancellation insurance
• Travel documents
• Tour guide/representative
These terms and conditions of travel and information apply to the
Tour Operator:
airtours – a TUI Deutschland GmbH brand
30620 Hanover
Trade register: Hanover, HRB 56512
Porsche Travel Club
airtours – a TUI Deutschland GmbH brand
Porscheplatz 1
70435 Stuttgart
Germany
Tel.: +49 (0) 711 911-23360
Fax: +49 (0) 711 911-23278
E-mail: info@porschetravelclub.de
Bank account:
Bank: Commerzbank Hannover
Account number: 312 030 000
Sort code: 250 400 66
IBAN: DE38250400660312030000
BIC: COBADEFF250
Travel products valid from 11/2012 to 11/2013