Premium Club



General Terms and Conditions

General Terms and Conditions

All bookings are made in accordance with the terms and conditions stated below. As far as bookings are made via phone or in written form then the customer explicitly accepts these General Terms and Conditions.

§1 Conclusion

1.1 With their travel booking the customer provides Praivit with a binding travel agreement. The travel booking has to be made in written form. The travel contract is concluded with a respective written booking confirmation from Praivit to the customer. It will be sent within seven days after receipt of the registration to the tour operator.

1.2 Should the content of the booking differ from that of the confirmation then a new offer has been made by Praivit which the tour operator is bound by for seven days. Within this period the customer can confirm the offer. Should the offer not be explicitly accepted within this period (payment of due travel price) then it will be deemed that our new offer has been rejected.

§2 Payment

2.1 On conclusion of the contract an initial payment amounting to 35% of the travel price is due which is deducted from the total payable travel price. Further the tour operator is obliged at this time to provide the traveller with a security notice which corresponds with the statutory requirement of § 651k III BGB (German Civil Code).

2.2 The remaining sum will be due 6 weeks before the departure unless any other provisions have been agreed in this individual case.

2.3 Should the booking be made by the traveller less than 6 weeks before departure then the entire travel price will be due even prior to the handing over of the confirmation in accordance with § 3 Inf-VO.

2.4 Cheque payments are only accepted 14 days before departure. Afterwards only bank certified cheques or bank transfers are accepted.

2.5 The customer accepts that their data will be stored. Such data is treated with upmost confidentiality and no information is passed on to third parties unless prior consent has been obtained.

§3 Services

3.1 The services owed by Praivit can be obtained from the content stated in the booking confirmation. We reserve the right to correct any apparent mistakes (e.g. calculation or printing errors). Praivit advises the customer to ensure that any ancillary agreements reached in respect a change of contractually agreed services are confirmed in written form.

3.2 We provide only external services for procured services of third parties as far as these have been so specifically stated in the vacation description and respective confirmation. We therefore assume no liability for the performance of such services itself and are merely responsible for the proper procurement of such services. The liability in respect to external services is determined by the company who undertakes the service and on request we will gladly provide you with these terms and conditions.

§4 Service and price changes

4.1 It is permitted to amend or change individual travel services from what has been agreed upon if they become necessary after the conclusion of the contract, have not been caused against good faith by the operator and do not affect the general overall arrangement of the vacation itself. This particularly applies in the case where measures taken by authorities force alterations to be made to the travel plans.

4.2 Substantial changes to the services can be made after the contract has been concluded should unforeseeable circumstances occur which Praivit is not responsible for particularly in cases of force majeure. Such changes will be deemed appropriate if after considering the interests of the operator they are reasonable for the customer to accept.

4.3 In the case that transport costs rise (particularly fuel costs) then Praivit is entitled to increase the travel price due based on following calculations:

a) Should a seat-related increase be made then Praivit is entitled to increase the payment by this amount.

b) In other cases the transport company will divide the additional cost by the number of seats on the respective means of transport. The resulting amount for each seat can then be claimed by Praivit.

4.4 Should with conclusion of the travel contract there be a rise in airfare or port charges for Praivit then there is the entitlement to increase the travel price proportionately.

4.5 Should there be changes to exchange rates after the conclusion of the contract then the travel price can be increased up to the amount by which the vacation has increased in price for Praivit.

4.6 An increase is only permitted if the period between the conclusion of the contract and the agreed date of the start of the vacation is more than four months. Furthermore the circumstances must not have existed prior to the conclusion of the contract and were also not foreseeable for Praivit at the time of the conclusion.

4.7 If there is any change to the travel price made by Praivit then it shall be necessary to immediately inform the customer latest on the 21st day before departure of any price increase. Any price rises from the 20th day before departure is void. Should the price increase be more than 5% then the customer is entitled without subject to additional charges to withdraw from the travel contract or request to receive the option of an equivalent vacation providing Praivit is able to offer such a vacation from its offer without a further surcharge.

§5 Withdrawal by the customer, rebooking, substitutes

5.1 The customer is entitled to withdraw from the vacation any time before departure. Significant for this is the time of the receipt of the withdrawal notification by the tour operator. It is recommended that any withdrawal is undertaken in writing.

5.2 Should the customer make avail from their right of withdrawal then Praivit can claim flat rate compensation. This does not apply if the customer withdraws due to a rise of the travel price by more than 5%, there has been a substantial change made to one of the integral travel services to be rendered or the operator has withdrawn for reasons attributable to them. The amount of compensation is calculated from the travel price and depends on the time of the receipt of the withdrawal notification by Praivit which is as follows:

*** Package tours/Package holidays/Group tours ***
- Until 60th day before departure 20% of the travel price, at least though 50 Euros;
- from 59th until 30th day before departure 50% of the travel price, at least though 100 Euros;
- from 29th until 22nd day before departure 75% of the travel price;
- from 21st until 15th day before departure 85% of the travel price;
- from 14th until 7th day before departure 90% of the travel price;
- from 6th until the day of departure, non show 95% of the travel price;
per person from the total travel price due.

*** Individual services: Only hotel, transfer, trip or tickets ***
- Until 60th day before departure 10% of the travel price, at least though 75 Euros;
- from 59th until 30th day before departure 20% of the travel price, at least though 150 Euros;
- from 29th until 22nd day before departure 30% of the travel price;
- from 21st until 15th day before departure 60% of the travel price;
- from 14th until 7th day before departure 80% of the travel price;
- from 6th until 1st the day before departure 90% of the travel price;
- the day of departure, non show 95% of the travel price;
per person from the total travel price due.

***Airline tickets:***
Cancellation before issuing the airline ticket: 200 Euros
Cancellation after issuing the airline ticket and before departure: 100%
Non show or cancellation after departure: 100%

5.3 Should the traveller not be able to receive or participate in certain services because of an early return due to illness or any other reasons which Praivit are not responsible for then there is no entitlement to a proportionate refund for the traveller. Praivit will though pay the participant any saved expenditure back as far as the service provider actually pays back any sum to Praivit.

5.4 Should on request of the customer changes be made in respect to the travel date or accommodation (rebooking) or the customer requests to name a third party to replace them for the booked vacation then Praivit is entitled to charge a booking fee amounting to 75 Euros per vacation. Any changes made less than four weeks before departure can, if at all possible, only be made after a withdrawal as mentioned under 5.1 and 5.2 as well as at the same time making new booking. This does not apply to rebooking requests which only incur a small surcharge.

Praivit is entitled to reject a substitute named by the customer if they are not suitable for the respective vacation or there are legal reasons which prohibit the substitute from travelling.

§6 Withdrawal and Termination by Praivit

6.1 Praivit is entitled to withdraw from the contract up to 28 days before departure if the number of travellers stated in the vacation description or required by authorities is not reached.

6.2 Praivit is obliged to immediately inform the customer of any substantial change to the agreed travel services or any legitimate reason for cancellation of the vacation as soon as they are made aware of such circumstances.

6.3 Praivit can withdraw from the contract if the customer does not pay the amount due after receiving a reminder within the set grace period. In the case of a withdrawal due to delayed payment Praivit is entitled to claim compensation in accordance with the provisions set out under 5.

6.4 After the start of the vacation Praivit can terminate the contract should the customer disrupt or endanger the performance of the vacation despite receiving a warning from the tour operator. Here the individual circumstances, requirements of the vacation as well as the interests of the tour group will be considered. In case of a termination whilst on vacation the tour operator is represented by the respective tour guide. The termination will apply to that specified part which is affected by the customer's behaviour and could disrupt or endanger the performance. The customer will be liable for any additional surcharges incurred. Should the operator terminate the contract they retain their right to the full travel price. They are though obliged to offset any saved expenses.

§7 Force Majeure

Should the vacation be impeded, impaired or endangered by not foreseeable force majeure then both the customer and operator are entitled to terminate the contract. Both Praivit and the traveller are obliged to share any additional costs for the return transport in equal parts if the agreement is terminated due to force majeure.

§8 Liability

8.1 Praivit is liable within the scope of their duty of care for:
- Diligent travel planning
- Thorough selection and supervision of service providers
- Accurateness of offer description
- Proper provision of contractually agreed travel services in consideration of the respective country and location.

8.2 Praivit excludes any liability for information provided in brochures of service providers (e.g. hotels) that have not been created by Praivit themselves.

8.3 Praivit limits its liability for compensation claims by customers for damages to 4,200 Euros as far as they are not physical injuries. Furthermore this limitation only applies insofar as the damages were not caused with intent or gross negligence or Praivit has a liability for a damage caused by a service provider.
Should the triple travel price be higher than 4,200 Euros then the liability is limited to the amount of the triple travel price under the stated requirements. If several people have booked the vacation together then this triple travel price limitation will apply to every person of the group. Consequently the calculation basis is the respective travel price of each traveller.

8.4 In the case a tour operator has stated a tour guide in their brochure or travel documents then this is non-binding and not part of the contract. The tour operator is entitled to make changes on short notice. A change of the tour guide is no ground to rescind from the contract.

8.5 Praivit only acts as an agent for flight services between the respective service provider (airline) and the other party. Praivit excludes any form of liability for damages, accidents, luggage loss or delays. The traveller is solely liable for subsequent transport risks. As Praivit is only procuring the flight and not the entire vacation they are not an operator and subsequently have no obligation to provide organizer liability insurance.

§9 Information obligation in regards to the identity of the airline

In accordance with EU Directive No. 2111/05 Praivit are obliged on booking to provide the customer with details on the identity of the airline carrier with all related services connected to the respective flight. If the performing airline has at the time not been determined then Praivit is obliged to inform which airline carrier will likely to be carrying out the service. Furthermore there is the obligation to immediately inform the customer when the identity becomes known. The same applies in the case of any changes to the identity. The Black List of the EU can be seen under www.air-ban.europa.eu.

§10 Warranty period

Claims made by customers on the grounds of deficiencies (§651c - §651f BGB - German Civil Code) prescribe within one year. The prescription starts from the day on which the vacation is to end in accordance with the travel contract. The prescription of one year does not apply to damage claims made by the customer in respect to injury of life, body or health, claims based on gross negligent dereliction of duty by Praivit or one of their agents.

§11 Insurance

The advertised price does not include any travel insurances (e.g. travel cancellation costs, travel health insurance) with the exception of statutory insolvency insurance (Security Note). We generally recommend taking out travel insurance.

§12 Passport, Visa, Duty, Vaccination and Health Regulations

Every traveller is responsible for adhering to statutory entry and departure requirements, respective health regulations as well as passport and visa provisions. This also applies to the procurement of necessary travel documents. Our website has details on these issues. We do though assume no liability for the accurateness of this information as it could be subject to change by authorities at any given time. The traveller is advised to check with appropriate authorities on the respective details.

§13 Contractual obligations, assertion of entitlements, prohibition of assignment, Court of Jurisdiction

13.1 Any potential complaints must be immediately communicated to the tour guide or Praivit directly so they have the opportunity to remedy the fault. Any subsequent complaints must be passed onto Praivit within a one month period after the holiday has been concluded.

13.2 German Law shall be applicable. Germany is the place of performance for all reciprocal claims particularly those relating to payments.

13.3 It is not permitted for the customer to assign any claims resulting from vacations to third parties including spouses. Furthermore it is prohibited to make any judicial claims in somebody else's name.

13.4 The court of jurisdiction is as far as legally permissible agreed as being Cologne (Germany).

§14 Severability Clause

Should any provisions be or become void either wholly or in part then this shall not affect the validity of the travel contract as a whole.



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Head & Corporate Offices

USA
PRAIVIT INC.
309 Brixham PL
Fort Mill SC 29708
Commercial register of Delaware State: 52823-84

GERMANY
PRAIVIT GmbH
Marspfortengasse 6
50667 Köln
Registernummer: HRB 37165
Umsatzsteuer-ID: DE 221 466184

SPAIN
PRAIVIT S.L.
Calle: San Miguel, 46
07002 Palma de Mallorca
NIF: B57872772


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