(As of June 28, 2018)

Dear Customer,

we are happy that you want to organize your vacation with us. This can be done as part of an organized trip or purely hotel accommodation.

The contract (s) for a package travel or certain travel services are made between you and the tour operator or the provider of an individual service. Any travel, accommodation or transportation conditions you know apply to this. In the following, we give you some information about our mediation activities. This means that we explain to you what we do to conclude the contracts with the tour operators or the service providers that you want. This is done on the basis of the following provisions. SCOPE OF THESE TERMS AND CONDITIONS; STRUCTURE OF PARTS A AND B

- the organization of a package trip, hereinafter referred to as “travel agency”, the agent in this context “travel agent”; you will find the regulations in part A of these terms and conditions.

- mediation of a single travel service; you will find the regulations in part B of these general conditions.

1. The following general conditions govern the different types of travel services and package travel mediation by law with regard to the rights and obligations of the client and the agent depending on the type of travel service. A distinction must then be made between

PART A: RULES FOR THE MEDIATION OF PACKAGE TRAVEL ACCORDING TO. § 651V BGB

The provisions of this Part A on travel brokerage of package travel contracts are applicable if the travel agent submits the form on package travel. In the form, the negotiated tour operator is identified as the contractor responsible for providing the package travel.

If the order is placed electronically (e-mail, internet, online reservation form, fax, courier services), the agent will immediately confirm receipt of the order electronically. This confirmation of receipt does not yet constitute a confirmation of acceptance of the order from the travel agency.

1. With the acceptance of the client's mediation order by the travel agent, the contract for the travel agency of a package trip is concluded between the client and the travel agent. The order and acceptance do not require a specific form.
2. The reciprocal rights and obligations of the customer and the travel agency result from individual contractual agreements, these general conditions and legal provisions, in particular §§ 651a et seq. BGB in conjunction with article 250ff, unless mandatory legal provisions opposites. EGBGB and §§ 675, 631 et seq. BGB on the paid agency.
3. For the rights and obligations of the customer towards the negotiated tour operator, the agreements concluded with him apply exclusively, in particular - if they are actually agreed - his travel or business conditions. Without special agreement or without notice, the conditions of carriage and tariff regulations enacted on a legal basis by the responsible transport authority or on the basis of international agreements apply to transport services.

1. Travel agents and tour operators can only request or accept payments on the price of the trip before the end of the package tour if the tour operator has an effective customer money insurance contract and the customer has received the security certificate. with the name and contact details of the client money insurer in a clear, understandable and prominent manner.
2. The travel agent is deemed to have been authorized by the tour operator to receive notifications of defects and other statements from the client / traveler regarding the provision of the package travel. The travel agent will immediately inform the tour operator of these statements by the traveler. In order to avoid a waste of time, the travel agent recommends, despite the immediate dispatch, to make the relevant declarations directly to the tour guide or to the tour operator's point of contact.

1. The client will receive the best possible advice on the basis of these brokerage conditions. On request, the reservation request can then be made by the travel agent to the package tour operator. After confirmation by the tour operator, the obligation to perform includes the delivery of documents on the organized travel service (s). This does not apply if it has been agreed that the package tour operator will send the documents directly to the customer.
2. When providing other instructions and information that the travel agency is not obliged to provide in accordance with article 651v paragraph 1 BGB in conjunction with article 250 sections 1 to 3 EGBGB, the travel agency is responsible within the framework of the law and contractual agreements for the correct selection of the Source of information and correct communication with the customer. An information contract comprising a main contractual information obligation is only concluded with a corresponding express agreement. The travel agent is not responsible for the correctness of the information provided in accordance with Section 675 (2) of the German Civil Code (BGB), unless a special information contract has been concluded.
3. Without express agreement, the travel agency is not bound to determine and / or offer the cheapest supplier of the requested travel service. The contractual obligations of the travel agent within the framework of the “best price guarantees” issued by him remain unchanged.
4. Without express agreement, the travel agent does not assume any guarantee with regard to information on prices, services, booking conditions and other circumstances of the travel service within the meaning of article 276, paragraph 1, clause 1 BGB and with regard to information on the availability of services mediated by the travel agent, no purchase guarantee within the meaning of this provision.
5. The travel agent only accepts special requests for transmission to the package tour operator to be arranged. Unless expressly agreed otherwise, the travel agent is not responsible for responding to these special requests. These also do not constitute a condition or contractual basis for the brokerage order or the customer's reservation declaration to be sent by the travel agent to the package tour operator. The customer's attention is drawn to the fact that special requests generally form part of the contractual obligations of the tour operator only with the express confirmation of the tour operator.

1. If the travel agent supports the customer's registration against payment or free of charge under electronic systems to obtain the entry permit as a prerequisite for entry or passage into certain countries, the following s' applies: The support of this activity does not constitute an obligation of the travel agency to continue its research or without express agreement Information on entry or transit formalities or on transit stays during the trip and especially not on obtaining a visa. The customer's attention is drawn to the fact that the electronic entry permit does not replace the final entry permit issued by the border authorities of the country concerned.
2. The travel agent is not obliged to obtain visas or other documents necessary for the execution of the trip without a special express agreement. If such an order is accepted, the travel agent may, without express agreement, request reimbursement of the costs incurred, which it was entitled to consider necessary in the circumstances. The travel agent can claim remuneration for his work himself if this has been agreed or, depending on the circumstances, the activity was only due in return for corresponding remuneration.
3. The travel agent is not responsible for issuing visas and other documents and not for timely access. This does not apply if the decisive circumstances of the non-issuance or the delay of access are attributable or contributed to the fault of the travel agent.

1. The agent is entitled to demand payments in accordance with the service and payment provisions of the mediation service provider, insofar as these have been effectively agreed between the service provider and the client and contain conditions of legally valid payment.


2. The agent can assert payment rights against the client as the agent's collection agent, insofar as this corresponds to the agreements between the agent and the service provider, but also on a personal basis on the basis of the legal obligation of prepayment of the customer as customer in accordance with § 669 BGB.
3. The above regulations apply accordingly to cancellation fees (cancellation fees) and other legally or contractually justified claims of the mediated service provider.
4. The client cannot counter the intermediary's own payment requests by way of retention or set-off that the client has claims against the mediated service provider, in particular due to the improper performance of the negotiated contract. This does not apply if a culpable breach of contractual obligations on the part of the agent has become the cause or contributory cause of such claims or if the agent is liable to the client for counterclaims asserted for other reasons.

- Regulation (EC) No 261/2004 on the rights of air passengers

- Regulation (EC) No 2111/2005 on the establishment of a Community list of air carriers against which an operating ban has been issued in the Community and on the information of passengers on the identity of the operating air carrier

- Regulation (EC) No 1107/2006 of the European Parliament and of the Council on the rights of passengers with disabilities and passengers with reduced mobility

- Customers are strongly advised to find out about their rights as a passenger, for example via notices at airports, via information from the operating airline or via information sheets from the Federal Aviation Office. at www.lba.de.

1. According to EU Regulation No. 2111/2005 on the creation of a joint list of airlines, the agent is required to inform the passenger of the identity of the airline when booking. If the operating airline has not yet been determined at the time of booking, the agent will provide the agent with the information available from the agent on the airline likely to operate the flight. If the airline changes, the customer will be immediately notified of the change. The Community list of airlines banned from flying in the European Union is available at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and Available at www. lba.de.
2. For the contractual relationship between the customer and the airline, the legal provisions of German Aviation Law, the Warsaw and Montreal Conventions and directly, such as national legal provisions, apply - to the extent possible .

1. The customer and the travel agent have the obligation to provide the contract and other documents of the organized tour operator relating to the package trip that have been given to the customer by the travel agent, in particular the booking confirmations, tickets flight tickets, hotel vouchers, visas, insurance certificates and other documents relating to the tour. check the accuracy and completeness, in particular the respect of the reservation and the order of passage.
2. If the documents regarding the negotiated package travel are not sent directly to the customer by the negotiated package tour operator, they will be delivered by the travel agent by post or email.

a) If the customer does not inform us in accordance with No. 7.1 through no fault of his own, his complaints shall not lapse.

b) The customer's claims against the travel agent do not apply to the extent that the latter can prove that the customer would not have suffered damage or not to the amount claimed by the customer if the notification had been made correctly. This applies in particular if the travel agent proves that immediate notification by the customer would have given the travel agent the opportunity to remedy the defect or reduce the damage, for example by making a new reservation, additional reservation or cancellation with the organized tour operator.

c) Customer complaints in the event of non-declaration according to No. 7.1 does not apply

Liability for booking errors according to § 651x BGB remains unaffected.

1. The customer and the travel agent have the obligation to provide the contract and other documents of the organized tour operator relating to the package trip that have been given to the customer by the travel agent, in particular the booking confirmations, tickets flight tickets, hotel vouchers, visas, insurance certificates and other documents relating to the tour. check the accuracy and completeness, in particular the respect of the reservation and the order of passage.
2. If there is no notification according to No. 7.1 by the customer, the following applies:
   • in the event of damage resulting from injury to life, body or health resulting from an intentional or negligent breach of duty of the travel agent or of a legal representative or agent of the travel agency
   • in the event of compensation claims for other damages on the basis of an intentional or grossly negligent breach of an obligation on the part of the travel agent or a legal representative or an enforcement agent from the travel agency
   • in the event of a breach of an essential obligation, the fulfillment of which primarily enables the proper performance of the agency contract or the breach of which endangers the achievement of the object of the contract.
3. In his own interest, the client is requested to inform the travel agent of any special needs or restrictions regarding the requested package travel.

The customer can also inform his travel agent, through whom he booked the package, to the knowledge of the travel agent through whom he booked the package travel.
With regard to customer complaints against package tour operators, the travel agency is not obligated to advise on the type, scope, amount, eligibility conditions and deadlines to be met or 'other legal provisions.

1. The travel agent points out the possibility of taking out travel cancellation insurance when booking in order to minimize the cost risk in the event of cancellation by the customer.
2. The customer is also informed that the trip cancellation insurance generally does not cover damages that may result from an interruption of the package tour after its start, even if it is not at fault. As a general rule, trip interruption insurance must be purchased separately.
3. The travel agent also recommends that you have adequate foreign health insurance coverage when traveling abroad.
4. When taking out travel insurance, the customer is informed that the insurance conditions of the negotiated travel insurance may contain special contractual conditions and / or the customer's obligation to cooperate, in particular exclusions of liability ( for example in the event of previous illnesses), the obligation to immediately cancel the trip cancellation insurance, the deadlines for the notification of damage and Excess. The agent is not liable if he has not provided false information about the insurance conditions and the travel insurer has the right to refuse service to the customer on the basis of the insurance conditions actually agreed.

1. If the travel agent has not assumed a corresponding contractual obligation by express agreement with the customer, he is not responsible for concluding contracts with the package tour operators to be negotiated.
2. The travel agent is not responsible for any defects and damage that the customer suffers in connection with the travel service. This does not apply to an express agreement or insurance from the travel agency, especially if it deviates significantly from the service description of the tour operator.
3. Any own liability of the travel agent from § 651x BGB or culpable violation of the obligations of the travel agent is not affected by the above provisions.

• Regarding the law on the resolution of consumer disputes, the travel agency points out that the travel agency does not participate in the voluntary resolution of consumer disputes. If the settlement of consumer disputes becomes compulsory for the travel agent after the printing of these general conditions, the travel agent will inform the consumer in an appropriate form.
• The travel agent refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr for all package travel contracts which have been concluded in the context of electronic legal transactions.

PART B: REGULATIONS FOR THE MEDIATION OF INDIVIDUAL TRAVEL SERVICES OR SEVERAL TRAVEL SERVICES WHICH DO NOT REPRESENT ANY RELATED TRAVEL SERVICE WITHIN THE MEANING OF § 651W BGB.

The provisions of this Part B on brokering of individual travel services are applicable if the negotiated travel service is neither part of a package travel nor part of associated travel services. In this case, no information is required by law for the customer using a form.

If the order is placed electronically (e-mail, internet, online reservation form, fax, courier services), the agent will immediately confirm receipt of the order electronically. This confirmation of receipt does not yet constitute a confirmation of acceptance of the brokerage order.

1. With the acceptance of the client's mediation order by the agent, the travel services mediation contract is concluded between the client and the agent. The order and acceptance do not require a specific form.
2. The reciprocal rights and obligations of the customer and the agent result from individual contractual agreements, these general conditions and legal provisions, in particular §§ 651a et seq. BGB in conjunction with article 250ff, unless mandatory legal provisions to the contrary. EGBGB and §§ 675, 631 et seq. BGB on the paid agency.
3. For the rights and obligations of the customer towards the contractual partner of the negotiated service, the agreements concluded with the customer apply exclusively, in particular - if they are actually agreed - their travel or business conditions. Without special agreement or without notice, the conditions of carriage and tariff regulations enacted on a legal basis by the responsible transport authority or on the basis of international agreements apply to the transport services.

1. The client will receive the best possible advice on the basis of these brokerage conditions. On request, the reservation request will then be made by the agent to the service provider. After confirmation by the service provider, the obligation to perform includes the delivery of documents relating to the tour service (s). This does not apply if it has been agreed that the service provider will forward the documents directly to the customer.
2. When giving advice and information, the agent is responsible, within the framework of the law and contractual agreements, for the correct choice of the source of information and the correct transfer to the client. An information contract comprising a main contractual information obligation is only concluded with a corresponding express agreement. The agent is not responsible for the correctness of the information provided in accordance with Article 675, paragraph 2 of the German Civil Code, unless a special information contract has been concluded.
3. Without express agreement, the agent is not obliged to determine and / or offer the cheapest supplier of the requested travel service. This does not affect the agent's contractual obligations under the “best price guarantees” given by him.
4. Without express agreement, the agent does not assume any guarantee with regard to information on prices, services, booking conditions and other circumstances of the travel service within the meaning of Art.276 para.1 Clause 1 BGB and with regard to information on the availability of services to be organized by the agent, no purchase guarantee within the meaning of this provision.
5. The agent only accepts special requests for transmission to the mediation service provider. Unless expressly agreed otherwise, the agent is not responsible for the satisfaction of such special requests. These are also not a condition or a contractual basis for the brokerage order or for the client's reservation declaration to be sent by the broker to the service provider. The customer's attention is drawn to the fact that special requests usually only form part of the contractual obligations of the service provider with the express confirmation of the service provider.

1. The agent informs the customer of the entry and visa rules, insofar as a corresponding order has been expressly agreed. Otherwise, there is a corresponding obligation to provide clarification or information only if special circumstances known to the agent or obvious circumstances make an express reference necessary and the relevant information is not already contained in the documents of the agent. offer made available to the customer.
2. The agent's corresponding notification obligations are limited to the provision of information from current information sources and in accordance with industry standards. The officer has no special obligation to investigate without express consent to do so. The intermediary can also fulfill his obligation of information by referring the customer to the necessity of his own particular request to the information points concerned.
3. The above provisions apply accordingly with regard to information on customs regulations, entry sanitary rules, preventive sanitary measures for the client and his traveling companions as well as for import and import regulations. 'export.
4. If the agent undertakes the registration of the client against payment or free of charge under electronic systems to obtain the entry permit as a prerequisite for entry or passage into certain countries, the following conditions apply: in charge of this activity does not constitute an obligation of the agent to carry out additional inquiries or without express agreement Information on entry or transit formalities or on transit stays during the trip and especially not on obtaining a visa. The customer's attention is drawn to the fact that the electronic entry permit does not replace the final entry permit issued by the border authorities of the country concerned.
5. The agent is not obliged to obtain visas or other documents necessary for the execution of the trip without special express agreement. If such an order is accepted, the agent may, without express agreement, request reimbursement of the costs incurred, which he was entitled to consider necessary in the circumstances. The agent may himself demand remuneration for his work if this has been agreed or, depending on the circumstances, the work was only due in return for corresponding remuneration.
6. L'intermédiaire n'est pas responsable de la délivrance des visas et autres documents et non de l'accès en temps opportun. Cela ne s'applique pas si les circonstances qui sont décisives pour la non-délivrance ou l'accès retardé ont été causées ou ont contribué de manière coupable par l'agent.

1. According to EU Regulation No. 2111/2005 on the creation of a joint list of airlines, the agent is required to inform the passenger of the identity of the airline when booking. If the operating airline has not yet been determined at the time of booking, the agent will provide the agent with the information available from the agent on the airline that may be operating the flight. If the airline changes, the customer will be immediately notified of the change. The Community list of airlines banned from flying in the European Union is available at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and Available at www. lba.de.
2. For the contractual relationship between the customer and the airline, the legal provisions of German Aviation Law, the Warsaw and Montreal Conventions and directly, such as national legal provisions, apply - to the extent possible.
   • Regulation (EC) No 261/2004 on the rights of air passengers
   • Regulation (EC) No 2111/2005 on the establishment of a Community list of air carriers against which an operating ban has been issued in the Community and on the information of passengers on the identity of the operating air carrier
   • Regulation (EC) No 1107/2006 of the European Parliament and of the Council on the rights of passengers with disabilities and passengers with reduced mobility
   • Customers are strongly informed about their rights as a passenger, for example by posters at airports, by the information of the operating air carrier or by the information sheets of the Federal Aviation Office under www.lba. to inform.

The agent can assert payment rights against the client as the agent's collection agent, insofar as this corresponds to the agreements between the agent and the service provider, but also on a personal basis on the basis of the legal obligation of prepayment of the customer as customer in accordance with § 669 BGB.

1. The agent is entitled to demand payments in accordance with the service and payment provisions of the mediation service provider, insofar as these have been effectively agreed between the service provider and the client and contain conditions of legally valid payment.
2. The above regulations apply accordingly to cancellation fees (cancellation fees) and other legally or contractually justified claims of the mediated service provider.
3. The client cannot counter the intermediary's own payment requests by way of retention or set-off that the client has claims against the mediated service provider, in particular due to the improper performance of the negotiated contract. This does not apply if a culpable breach of contractual obligations on the part of the agent has become the cause or contributory cause of such claims or if the agent is liable to the client for counterclaims asserted for other reasons.

1. The client and the agent have the obligation to provide contractual and other documents from the mediation service provider regarding the travel services that have been delivered to the client by the agent, in particular the booking confirmations, tickets of plane, hotel vouchers, visas, insurance certificates and other documents relating to travel mediation services. check the accuracy and completeness, in particular the respect of the reservation and the order of passage
2. If the documents regarding the negotiated travel services are not sent directly to the client by the broker service provider, they will be delivered by the broker by post or electronic mail.

a) If the customer does not inform us in accordance with No. 8.1 through no fault of his own, his claims shall not lapse.

b) Claims of the customer against the agent do not apply to the extent that the agent proves that the customer would not have suffered damage or not in the amount claimed by the customer if the notification had been made correctly. This applies in particular if the agent proves that immediate notification by the customer would have given the agent the opportunity to remedy the defect or reduce the damage, for example by making a new reservation, an additional reservation or a cancellation with the mediated service provider.

c) Customer complaints in the event of failure to report according to No. 8.1 are not omitted

1. The client must immediately notify the agent of any recognizable error or deficiency in the brokerage activity. This includes, in particular, incorrect or incomplete information on the personal data of customers, other information, information and documents on negotiated travel services, as well as the incomplete execution of brokerage services (for example, reservations or reservations not made).
2. If there is no notification according to No. 8.1 by the customer, the following applies:
   • in the event of injury to life, bodily integrity or health resulting from an intentional or negligent breach of duty of the agent or a legal representative or an enforcement agent of the agen
   • in the event of compensation claims for other damages based on willful or gross negligence of duty of the agent or of a legal representative or enforcement agent of the agent
   • in the event of a breach of an essential obligation, the fulfillment of which primarily enables the proper performance of the agency contract or the breach of which endangers the achievement of the object of the contract. Liability for booking errors according to § 651x BGB remains unaffected.
3. The contractual and / or legal obligation of the customer to inform the mediation service provider of defects is not affected by Article 8.
4. In his own interest, the client is requested to inform the agent of any special needs or restrictions on the travel services requested.

1. Claims must be made against mediation service providers within certain time limits, which may result from the law or from contractual agreements. As a rule, these deadlines are not met by asserting them against the agent. This also applies if the customer wishes to assert claims against both the agent and the service provider regarding the same travel service.
2. In the event of a complaint or other claim against the mediated service provider, the agent's obligation is limited to providing the information and documents required and known to him, in particular the communication of the names and addresses of the mediated service providers.
3. If the agent takes care of sending the customer's complaint letters within the deadline - even without being obliged to - he is only responsible for the timely receipt by the recipient if he fails to deliver himself , willfully or through gross negligence.
4. With respect to customer claims against media service providers, there is no obligation of the agent to advise on the type, extent, amount, fee requirements and time limits. to be observed or other legal provisions.

1. The agent points out the possibility of taking out travel cancellation insurance when booking in order to minimize the cost risk in the event of cancellation by the customer.
2. The customer is also informed that trip cancellation insurance generally does not cover damages that may arise from the use of travel services after the start, even through no fault of their own. As a general rule, trip interruption insurance must be purchased separately.
3. The broker also recommends that you have adequate foreign health insurance coverage when traveling abroad.
4. When taking out travel insurance, the customer is informed that the insurance conditions of the negotiated travel insurance may contain special contractual conditions and / or the customer's obligation to cooperate, in particular exclusions of liability ( for example in the event of previous illnesses), the obligation to immediately cancel the trip cancellation insurance, the deadlines for the notification of damage and Excess. The agent is not liable if he has not provided false information about the insurance conditions and the travel insurer has the right to refuse service to the customer on the basis of the insurance conditions actually agreed.

1. If the agent has not assumed a corresponding contractual obligation by express agreement with the client, he is not responsible for concluding contracts with the service providers to be negotiated.
2. The agent is not responsible for any faults and damages incurred by the customer in connection with the tour service. This does not apply to an express agreement or assurance from the agent, especially if it deviates significantly from the service provider's description of the services.
3. Any own liability of the agent resulting from the culpable violation of the agent's duties is not affected by the above provisions.

• With regard to the law on the settlement of consumer disputes, the ombudsman points out that the ombudsman does not participate in a voluntary settlement of consumer disputes. If a consumer dispute resolution becomes binding on the agent after the printing of these terms and conditions, the agent will notify the consumer in an appropriate form.
• The agent refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr for all package travel contracts which have been concluded in the context of electronic legal transactions.

Operator information:

DER Touristik Hotels & Resorts GmbH

Humboldtstr. 140 - 144

51149 Cologne

https://www.calimera.yati.com.tn/

Tribunal d'enregistrement: Tribunal de district de Cologne

Register number: HRB 51388

Sales tax identification number according to § 27 a sales tax law: DE 811177969

General managers : Christian Grage, Rolf Krahl