We all know what a properly run and relaxing holiday means to you. That's why we have established in these general business terms and conditions the necessary prerequisites for clear legal rules. So please spend some time reading through these comprehensive travel conditions as they form an integral part of your travel reservation with us.
The travel and payment conditions are based on the General Travel Conditions for Travel Reservations established by the Deutscher Reisebüro und Reiseveranstalter Verband (DRV- German Association of Travel Agents and Tour Operators), and have been agreed by consumer protection organizations and by the Federal Office of Fair Trading.
The following general business terms and conditions are valid for all products offered by MMV Reisen. Some travel offers may include services with specific conditions. These may be found in the appropriate on-line catalogue page.
An important note: once you have made your reservation, please quote your booking number in any correspondence or for any enquiries.
1. Travel reservation finalization
1.1. By completing the information fields in the non-binding enquiry form you are requesting us to check whether your chosen travel product/s is/are still available within the period indicated. We will process your enquiry promptly and you will receive an answer as soon as possible.
In order to finalize the reservation (based on our on-line catalogue) for your choice of travel service/s, we require your written instructions (by e-mail or fax). The travel agreement is only established once we have received your booking registration. We will inform you of receipt by sending you a travel confirmation/invoice. Please note that you can send your booking by any of the usual methods. You are also required to register all other persons listed in the booking for which you are contractually responsible in addition to yourself, since you have expressly accepted such responsibility by means of a signature.
1.2. Should you not have a copy of our general terms and conditions available when booking over the telephone we will send it to you together with the travel confirmation/invoice. If you do not reject these conditions within 10 days of receipt - for late bookings e.g. within 10 days of commencement of travel - then the travel reservation will be thereby contracted under the stated conditions.
1.3. Any data provided to us is protected according to the Federal Data Protection Law.
1.4. Where there is a difference between the content of the travel confirmation/invoice and the content of the reservation, we are bound to this offer for 10 days. The agreement is established on the basis of this new offer if you notify us about your acceptance within this period of time. (Please note that acceptance can take the form of a payment).
1.5. Please inform us immediately if you are the person who has made the booking and you have not received your travel documents at the latest 10 days before commencement of the journey. In this case we will send you the documents immediately, providing the full payment has been made. If you do not inform us and do not begin the trip because you do not have the correct travel documents, then you will encounter a cancellation charge (see point 5).
1.6. Informations on brochures of Locations, Hotels and Boats that have not been published by us do not take part in the fulfimment of our performance duties, as long as there is no explicit agreement that considers these publications part of our travel description, or if they make explicitly part of our performance duties.
2. Payment
2.1. Payments towards the travel product/s before the end of the travel can only be made on presentation by the operator of the payment insurance certificate as per §651 K par.3 BGB.
2.2. You are requested to send to us within a week of receipt of the travel confirmation/invoice the deposit as indicated on the travel documents. This amount is 20% (rounded up to the next euro, and at least 25 euros per person) of the total amount. The remaining amount should be paid six weeks before commencement of the journey without further reminders.
When making payments please indicate the booking number as given on the travel confirmation.
If you have given written permission for direct debit payments then the transfers from your account will take place at the same timings stated above. Where payment by credit card is offered and you choose this option then the same procedure is followed. In any case, you will be sent the payment insurance voucher before a payment/transfer, as your payments towards the cost of travel are protected against insolvency according to §651 k par 3 BGB. The payment insurance voucher will be sent to you with the tour confirmation/invoice.
2.3. If the cost of the travel product has not been paid in full before commencement of travel, we are entitled, once we have sent you a reminder to cancel the travel agreement and to apply damages according to the corresponding cancellation charges, except where there is at this point a fault in the travel service, which entitles you to cancel. Where payment is not made in full there can be no entitlement to the fulfillment of travel services.
2.4. Any occurring additional costs for the payment must be sustained by you
3. Travel services, prices
3.1. The scope of the contractually agreed services is laid out in the description of services in the on-line catalogue and in the notes that accompany the travel confirmation, based again on the on-line catalogue. Details, which appear in the on-line catalogue, are binding for us as they have formed the basis of the travel agreement. Additional agreements, which alter the scope of contractually agreed services require specific confirmation. We expressly reserve the right, however, to declare a change in catalogue details before completion of the agreement. In this case we will naturally inform you of any changes before booking.
3.2. Your journey begins and ends - depending on the length of stay you have booked - at the departure and arrival times detailed in the voucher.
3.3. Flight or excursion tickets are only valid for those times and days specified on the tickets. If you wish to make any changes we will endeavor to provide alternative transport in return of an admin fee.
3.4. If, for imperative reasons, that can be attributed to you (for example, interruption of your stay for personal reason), you do not take advantage of any of the services that you have already paid, you have no right for a partial refund. We shall try hard to obtain the refund by the supplier. This obligation stops existing when it is over unimportant services, or when a refund is illegal or forbidden.
3.5. Where not otherwise indicated prices for accommodations are per person in a room with a double bed or for the holiday flat type booked by you. The booking of a double room as a single for an adult accompanying a child under 12 is not possible.
3.6. Any costs that arise at the hotel for children under the age of 2 should be paid directly at the hotel. The age taken into account for any reduction is from the time of commencement of travel. On this respect, you should give details of accompanying children and their ages at the time of booking. The exact amount of child reductions can be found in the specific page of the on-line catalogue.
We are entitled to check the age of accompanying children by means of their personal documents where appropriate. Where age details do not correspond to those given in the booking we are entitled subsequently to charge the correct travel price in addition to an administration fee of 25 euros. You remain free to prove that the administration fees were unreasonable or inexistent.
3.7. If you wish to prolong your trip, contact the tour operator in time. The duration of the journey can be extended only if your room or your accommodation is not already reserved. The price of the extended time is calculated according to the seasonal prices according to the extras of our on-line catalog. The costs of the extension of the duration of the journey must be settled in loco with the service provider.
3.8. Where a customer is not able to use individual travel services on account of an early return journey or for other compelling reasons, we will endeavor to obtain a refund from the service providers. This obligation stops existing when it is over unimportant services, or when a refund is illegal or forbidden. Normally we are entitled to retain 20% of the refunded amount to cover our additional efforts and costs. You remain free to prove that the administration fees were unreasonable or inexistent.
3.9. Air transports We select reliable air charter companies for our flights. Most of our flights are non-stop. On direct flights we reserve the right to make stopover for technical reasons pertaining to the flight or the program. Flight sitting with scheduled airlines are assigned in economy or tourist class. Where a journey is made by scheduled travel and the passenger has been issued with a corresponding travel ticket, then this is regarded as an outside service as long as we have expressly brought your attention to this in the travel specification and in the travel documents. Travel is in accordance with the conditions of the corresponding carrier. These conditions can be provided upon request.
3.10. Special requests Travel agents may only agree to special requests where these are described as non-binding. Where possible, we will endeavor to meet your requests for specific arrangements that are not specified in the on-line catalogue. Travel agents are not permitted to make undertakings or agreements that do not conform to those detailed in the on-line catalogue without our written confirmation, unless they are authorized to do so.
3.11. Special notes for holiday flats / holiday homes Any additional costs which are optional or which depend on consumption are not usually included in the product price. Such costs should be paid immediately at the location where no other arrangement for payment is specified in the catalogue. The holiday flat / holiday home may only be occupied by the maximum number of adults and children as specified in the catalogue and the travel confirmation. Pets may only be taken where this is specifically permitted in the online catalogue and specifically authorized by us. The published arrival and departure dates and times are binding. You accept responsibility for maintaining the accommodation together with contents and any communal areas in proper condition. You are in addition required to repair any damages arising and caused during your stay either by you or accompanying persons or guests. When picking up the keys, you may be required to leave a reasonable amount by way of deposit as security for any damages that may arise. Return of the deposit or charging will take place at the end of your stay once the accommodation together with the equipment provided has been returned in a clean and tidy condition.
4. Changes in travel services and prices
4.1. Any changes or alterations to individual travel services which become necessary after completion of the travel reservation and which differ from those laid out in the agreement and done in good faith from our part, are only permitted where the changes and alterations are not extensive and do not substantially detract from the overall quality of the trip you have booked. Your rights to claim under the warranty are not affected as far as the changes in arrangements constitute a deficiency.
4.2. We will inform you immediately of any alterations to services. Where appropriate we will offer you a free of charge exchange to another travel product or a free of charge withdrawal/cancellation.
4.3. Where there is a subsequent change in the travel product price or a change in a key travel service we will notify you immediately and no later than 21 days before commencement of travel. Price increases within 20 days of departure are not permitted. Where a price increase is greater than 5% or where there is a major change in a specific travel service, then you are entitled to withdraw from the travel agreement at no cost or to request an exchange to another product of equal value, as long as we are in a position to offer such a product from our range without an increase in price to you. You are required to claim these immediately after you receive notification from us of any price increase or change in any travel services.
5. Cancellation, Change of booking, Change of nominated passenger
5.1. Naturally you may withdraw from the trip at any point before it commences. Notification to us of your withdrawal must be accompanied by your booking number. In your own interest and in order to avoid misunderstandings we strongly advise you to notify us in writing or by e-mail. The point of withdrawal is taken to be the moment we receive your withdrawal notification. If you withdraw from the travel agreement or do not begin the trip (except in particular cases of major force as indicated in section 8), then we may request payment of damages to cover the travel arrangements made and expenses incurred by us. In calculating damages we take into consideration any expenses not incurred by us as a result of your withdrawal and any possible alternative use of the travel services.
5.2. In connection with the withdrawal or failure to begin the trip, you remain free to prove that no costs or lower costs were incurred than those detailed in the schedule of charges (see below). Withdrawal charges are also applicable where the customer does not arrive at the corresponding airport or departure point at the correct time written on the travel documents, or if the customer does not begin the trip because of missing travel documents, e.g. passport or required visa (where this is not due to an error on our part).
5.3. The level of withdrawal charges depends on the travel product price. The standard charges and in the case of your withdrawal from the trip are calculated per person and per accommodation booked are normally as follows:
Withdrawal charges for package tours with charter flights, for charter flights from our Flight Only program and for all programs where you make your own travel arrangements and consisting of travel modules (hotels, round trips, etc., excluding vehicle hire)
30 days or more before travel 10%
Between 29 and 15 days inclusive before travel 30%
Between 14 and 3 days inclusive before travel 50%
Within 48 hours of commencement of travel or where customer does not begin the trip 95%
Per person, % of corresponding travel service price; minimum charge of €25
Withdrawal charges for holiday flats / houses
45 days or more before travel 10%
Between 44 and 21 days inclusive before travel 50%
Between 20 and 8 days inclusive before travel 75%
Within 7 days of commencement of travel or where customer does not begin the trip 95%
Per unit of accommodation, minimum charge of €25
Withdrawal charges for vehicle hire and individual bookings
For cancellation of booking €25- per reservation in each case
Withdrawal charges for Combination tours (combinations of individual travel elements)
Charges are established and notified separately
€25- per booking in each case
5.4. Specific withdrawal charges apply for accommodation booked at the following hotels / holiday flats:
Residence Capriccioli
Hotel Valkarana
Holiday houses/apartments in Torre delle Stelle, except Holiday house Maria
Sailing cruises
Campervans
The specific withdrawal charges are detailed in the price section of the individual product/service.
5.5. We request that you notify us, by quoting your booking number, of any changes you may wish to make after you have received your travel confirmation/invoice. Once the booking has been made, if we make changes on your behalf up to 30 days before commencement of travel, for example, with regard to time or date of travel, destination, accommodation, method of travel, departure airports, then we will charge a fee of €25 per person. Changes within 30 days of commencement of travel are only possible following prior cancellation of the travel services you have booked.
5.6. Up to the commencement of travel you may request that another person would replace you hence taking all the duties and agreeing with the terms of the contract. In these case however we are entitled to charge a fee of €25 per person to cover the additional expenses incurred by us. You remain free to submit a proof that you should incur lower or no charges. Where a third party is included in the agreement then both you and she/he are jointly liable to us for payment of the travel service price and the costs incurred with the inclusion of the third person. We may refuse the change of customer name where this person does not fulfill the specific requirements in regards to the travel service, or where legal regulations or official orders prevent it.
5.7. Where two or more people have jointly booked a double or multiple-bed room and there is not a substitute to take the place of a customer who has withdrawn, then we are entitled to charge the full room price, or where possible to offer the remaining customers alternative accommodation.
5.8. In the case of cancellations any travel documents already sent out must be returned. Otherwise we must charge the full price.
6. Travel Insurance
6.1.
Travel insurance is not included in the price. We strongly recommend that you have such insurance and that you take it out when booking the travel products. Failure to commence the travel, withdrawn or late return can lead to considerable expense for the customer. For your security we recommend the insurance package "RundumSorglos eSchutz" which includes travel cancellation insurance, medical insurance, and luggage insurance. Our general agreement with the Europäische Reiseversicherung AG, Vogelweidestr. 5, 81677 Munich offers competitive rates. Please see our website for further information. Should an incident occur and you may wish to make a claim then you must inform the Europäische Reiseversicherung AG, Vogelweidestr.5, 81677 Munich without delay. We are not involved in any damage settlement. Please take note that any corresponding insurance agreements are only valid upon payment of the premium.
6.2. Information regarding the insurance protection included with vehicle hire can also be found in the on-line catalogue.
7. Withdrawal and notice of cancellation by the tour operator
7.1. We may give notice of cancellation of the travel agreement without a notice period, should you substantially disrupt the running of travel service, despite a corresponding warning from us or should you fail to observe the conditions of the agreement to such an extent. We reserve the right nevertheless to charge the full price. You are personally liable to pay any additional costs for the return travel. We must however, take into account the value of any expenses thereby not incurred as well as those benefits that may be obtained from an alternative use of those services which you have not utilized, including any refunds obtained from service providers.
7.2. We may cancel the agreement before commencement of the trip:
Where after exhausting all possibilities it becomes unreasonable for us to carry on the travel service because the booking revenue for this service is so minimal that running it would entail costs to us that would extend beyond the limit of loss acceptability. We are however only entitled to withdraw from the agreement where we are not responsible for the circumstances which lead thereto (e.g. calculation errors) and where we can demonstrate the circumstances leading to withdrawal and have offered you a similar replacement service.
Where the service is refused, the amounts paid for the travel product/s will be refunded immediately. In addition your complete booking expenses will be refunded, if you do not wish to take advantage of our replacement offer.
We may withdraw from the agreement up to 2 weeks before commencement of the trip.
Where the minimum number of participants, as laid out in the catalogue and in the travel confirmation or as officially prescribed, is not reached. In any case we are required to inform you immediately once the conditions for the withdrawal of the trip are met and to send you the declaration of withdrawal without delay. Naturally we will inform you as early as possible and as soon as it becomes apparent that the minimum number of participants cannot be reached. In this case the amount you have paid for the travel service will be refunded immediately.
8.1. Where the trip is substantially disrupted, endangered or impaired by circumstances unforeseeable at the time of the travel reservation (e.g. war, natural catastrophes, epidemics, etc) then either you or us can give notice of cancellation of the agreement. We will refund to you the amount paid for the travel immediately. However, we may make a reasonable charge for travel arrangements already carried out or for services still required for the completion of the travel. Where notice of cancellation is given after commencement of travel then we are obliged to take whatever measures are necessary, in particular to ensure your repatriation, where that has been contractually agreed. The additional costs of repatriation are to be shared between the parties. You are responsible for any other additional costs incurred.
9. Liability
9.1. We are liable as a responsible business operator for:
the conscientious preparation of the trip;
the careful selection and supervision of service providers (e.g. transport companies, hotels, etc);
the accuracy of the descriptions of all travel services which appear on the catalogue, unless we have notify of a change to the catalogue details before the finalization of the booking, in accordance with section 4.3;
the proper execution of those travel services which have been contractually agreed;
any faults attributable to persons responsible for provision of travel services.
9.2. Where within the framework of a travel service or in addition to it was arranged a scheduled transport service and you have received a corresponding ticket for the journey, then this is regarded as an outside service to which we will specifically point out to your attention in the travel quote and in the travel confirmation/invoice. We are therefore not liable for the provision of the transport service itself. In such cases any liability will be decided according to the conditions of travel of these companies. You will be specifically advised of these conditions and at your request they will be made available to you.
10. Warranty
10.1. Where the travel service is not provided or not carried out in accordance with the agreement then you may ask for an exchange within a reasonable period of time. We are entitled to offer such exchange by provision of an alternative service of equal or higher value. We may, however, refuse the exchange should it entail a disproportionately high level of expense.
10.2. You can claim a reduction in the travel price where travel services have not been provided in accordance with the travel agreement and where you have not negligently omitted to notify us of such deficiencies where they occurred (See Point 12)
10.3. If an incident or fault seriously affected the trip and we do not propose any replacement within a reasonable time, you can, within the framework of legal conditions, cancel the contract. In your own interest, on the basis of a legal notification, you should do so in writing. This condition applies even when you cannot accomplish the trip because of an incident, whose origin is serious and can be proven. It is not necessary to give us a notice when no solution of replacement is possible, when we refuse to propose one or when the immediate cancellation of the contract is justified by your very own interests, and it is accepted by MMV.
You must pay the part of the trip which does not depend on the claimed services as it represents a certain interest for you.
10.4. Regardless of any price reduction or notice of cancellation you may request payment of damages for failure to provide service, except where such a failure in travel arrangements is due to a circumstance beyond our control.
11. Limitation of liability
11.1. Our contractual liability for damages other than for physical injuries is limited to three times the value of the travel service
so far as any such damage to a customer is not caused with premeditation or with great negligence on our part, or
so far as we are responsible for damages to you by a fault of a service provider.
11.2. An entitlement to damages against us is limited or excluded according to the international agreements (or legal instructions based on its agreements) when they concern the obligations of a service provider. An entitlement to damages against the service provider may only be claimed under certain conditions or limitations or may also be excluded according to certain circumstances.
11.3. For all damage claims against us as a result of tort, which are not based on willful damage or gross negligence, we are liable for material damages up to 3 times the value of the trip. This is consodered per customer per journey. Higher claims in connection with the Montrealer agreement remain unaffected by this limitation.
11.4. We are not liable for disruption in connection with services for which we merely act as intermediary for the provider (for example, sporting events, theatre visits, vehicle hire, etc) and which are specifically designated as outside services in the travel service specification, even where the travel agent take part in the reservation of such additional events.
11.5 You are personally responsible for participation in sports and other holiday activities. You should check sports installations, equipment and vehicles before utilizing them. We are only liable for accidents that result from sporting events and other holiday activities where we were at fault. We recommend you take out travel insurance cover.
12. Duty of Co-operation
12.1. Should disruption to services occur, you are obliged within the framework of the legal provisions, to co-operate in helping to remove the disruption and to reduce as far as possible the extent of any damage which may subsequently arise. Should your luggage be lost or damaged during air travel then you must ensure that you give a completed damage report in loco to the airline, which provided the transport service. In accordance with airline carriage conditions the damage report is normally a prerequisite for the processing of your claim.
In other cases you should inform our travel agent. We do not accept liability for loss or damage of valuable items or money in luggage, which has been checked in.
12.2. You (the holiday-maker) are obliged to present your complaints immediately to the local service provider or travel agent. In the case of a complaint, guests in holiday flats/homes/ apartments should seek a solution immediately from the contact person indicated in the travel documents. Where an immediate solution is not provided you should report the fault to MMV travel office in Cagliari. Our travel office in Cagliari or the local agent will deal then with your case. If you are at the origin of the complaint, you cannot obtain a refund. Should you fail to report a fault/complaint your entitlement to a reduction in price or refund is lost.
12.3. The local contact person is not authorized to accept the validity of any claims. Only the MMV travel office in Cagliari is authorized to do so.
12.4. You are responsible to inform us if you do not receive the required travel documents from us in time. (e.g. : Flight, Hotel voucher)
13. Exclusion of claims, time limitation, transfer of claim
13.1. You are required to present to us any claim for contractual deficiencies in the trip within one month of the contractually agreed end-date of the trip. Claims should, where possible, be given in writing. After expiry of this period a claim can only be presented if you were prevented from keeping to the time limit by circumstances beyond your control.
13.2. In accordance with §§651c to 651f BGB, claims relating to the agreement lapse after one year, counting from the day on which the travel was scheduled to end under the travel agreement. Where negotiations regarding your claim are pending, expiry of the claim is interrupted until you or we refuse to continue negotiations. Expiry can take effect no earlier than 3 months after this interruption. Claims for damages as a result of tort expire after 3 years.
13.3. The transfer of your claim against us is not permitted.
14. Duty to supply information about the identity of the implementing aviation company
14.1. The European Union regulation about the instruction of aircraft passengers over the identity of the implementing aviation company obligates us to inform you about the airline that will provide flight transport upon reservation. If the implementing airline is not certain on time of reservation, then we are obligated to notify to you the airline/s that will probably carry on the flight/s. As soon as we know, which airline will accomplish the flight; we will immediately make you aware. If the airline changes, we must inform you about the change. We will introduce all appropriate steps immediately, in order to guarantee that you are informed as rapidly as possible about the change. The Black List of airlines will be published in the coming months.
15. Passport, Visa and Health provisions
15.1. Nationals of countries within the European Union are entitled to stay in Sardinia for an unlimited period without a visa, being one of the Italian regions. A valid passport or identity card is acceptable. Swiss nationals do not require a visa for a stay up to 90 days with a valid passport. You are liable for all damages arising from failure to observe these requirements except where we provide you with incorrect or no information in this respect.
Nationals of other states/countries should seek advice from their consulate.
15.2. Where you have asked us to obtain official travel permits, we are neither liable for the punctual issue by the relevant diplomatic authorities of visas required nor for their receipt, unless where we are responsible for the delay. You are solely responsible for compliance with all regulations important to the operation of the trip. You are liable for all damages arising from failure to observe these regulations, in particular the payment of withdrawal charges, except where such damages were caused by our culpable failure to provide information or by our culpable provision of incorrect information.
15.3. The rules applied currently to take your dog with you on holiday: A health and vaccination certificate from an official vet is sufficient. For the rabies vaccination an 11-month vaccination protection with the vaccination occurring at least 20 days before arrival is accepted. The health certificate is valid for 30 days. You should carry a muzzle and leash.
16. Applicable Law
16.1. For what concern the contracting agreement that binds the traveler and the travel agent German Law applies. This is considered for the whole legal relation.
17. Invalidity of specific conditions
17.1. The invalidity of specific conditions within the agreement does not entail the invalidity of the whole agreement.
18. Place of jurisdiction
18.1. You can only take legal action against us at our head office location (Maintal-Germany).
18.2. The relevant place of jurisdiction for any proceedings on our part against you as the customer is your domicile, except where the proceedings are being taken against registered traders or persons who moved their domicile or usual place of residence abroad after the contract was made, or whose domicile or usual place of residence at the time of the commencement of proceedings is not known. In such cases our own head office location will serve as the place of jurisdiction.
18.3. The clause above does not apply
If and as far as, an international treaty prevents us from benefiting from one of the clauses of the contract,
if and as far as, the profit of one of the clauses of the contract would be less favorable to us in the country of the European Community where you reside.
19. General conditions
19.1. All details in our brochures are published subject to legal or official approval. Specific details in the online brochures are correct at the time of printing.
19.2. We cannot accept liability for typing and calculation errors.
19.3. With the publication of new brochures all our previous material relating to identical destinations and dates become void and loose its validity.
MMV Reisen Italia Srl MMV Perle
Via Palestrina 60/ 64a I - 09129 Cagliari Italy
Legal Registration: Camera di Commercio Cagliari CA-2000-42361 - REA 211563 VAT: T02607800923 date: January 2009
MMV Reisen GmbH
Masurenstr. 10 D - 63477 Maintal Germany
Legal Registration: Hanau HRB 7594 VAT: DE813762092 date: January 2009
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