General Terms and Conditions

2.1. Prior to complete fulfilment of all services which are to be provided by I.D. Riva Tours under the travel package contract, I.D. Riva Tours and its agents shall only be allowed to collect client payments in relation to the travel package price, provided that a valid contract for the purposes of insuring or guaranteeing such client payments (Kundengeldabsicherung) in accordance with Section 651r BGB (German Civil Code) exists and that the client has been provided with a corresponding security certificate (Sicherungsschein) which clearly and comprehensibly as well as prominently displays the insuring or guaranteeing party’s name and contact information. Following conclusion of the travel package contract and upon such aforementioned security certificate having been provided to the client, an advance payment amounting to 25% of the travel package price shall become due for payment by the client to I.D. Riva Tours.

Payment of the residual balance amount shall become due for payment 30 days prior to I.D. Riva Tours commencing the provision of services under the of travel package contract, provided the aforementioned security certificate has been duly submitted to the client and the travel package contract can no longer be cancelled for the reasons specified under Clause 4 below. In relation to bookings which are placed within a term shorter than 21 days prior to travel services commencing the entire travel package price shall be payable immediately upon booking.

2.2. If the client fails to pay the advance payment and/or the residual balance in accordance with the agreed payment terms, despite I.D. Riva Tours having duly fulfilled its statutory information duties and being ready and able to duly perform the contractual travel package services, and provided moreover, the client does not hold any legal or contractual right to retain such payments, I.D. Riva Tours will submit to the client a reminder notice defining a period within which the client is to effect such overdue payments and announcing that, in the event of the client continuing to fail effecting such payments, I.D. Riva Tours will rescind the travel contract and charge to the client cancellation fees in accordance with the provisions of Clause 4 below. I.D. Riva Tours is not entitled to these rights if the customer is not responsible for the delay in payment.

3.1. Any amendments becoming necessary in relation to material specifics of travel services after conclusion of the respectively underlying travel package contract and prior to commencing performance of the corresponding travel services shall only be allowed if such amendments are not substantial to and do not impair the overall nature of the contractually agreed travel package services. The aforementioned shall not apply if such amendments become necessary due to I.D. Riva Tours having acted in breach of good faith.

3.2. I.D. Riva Tours shall be under an obligation to, without undue delay, clearly, comprehensibly and prominently inform the client by way of a pre-servable medium about any amendments relating to travel services under the travel package contract upon I.D. Riva Tours receiving knowledge of the reasons which make such amendment necessary.

3.3. In the event of any substantial amendments becoming necessary in relation to material specifics of travel services or in case of any changes arising with respect to special client requests, the client shall be entitled to, within an adequate period defined by I.D. Riva Tours, when informing the client about the relevant amendment or change, either accept the amendment or cancel the travel package without incurring any cancellation fees or accept the provision of an alternative travel package, if I.D. Riva Tours has offered such an alternative. If the client fails to cancel the travel package contract within the period defined by I.D. Riva Tours the amendment shall be deemed to have been accepted by the client.

3.4. Any and all warranty claims remain unaffected as far as the amended travel services are deficient in any way or have not been duly fulfilled. If, in relation to the amended travel package or in relation to an alternative travel package (provided such has been offered by I.D. Riva Tours at a quality of same value and at the same price) the costs expended by I.D. Riva Tours in this regard are lower, I.D. Riva Tours shall be under an obligation to refund to the client the difference amount in accordance with Section 651m BGB (German Civil Code).

4.1. The client shall be entitled to cancel the contractual travel services at any time prior to commencement of their provision by I.D. Riva Tours. Cancellations are to be notified to I.D. Riva Tours to the address provided above/below or to the travel agent who on behalf of I.D. Riva Tours has concluded the travel package contract with the client. For evidence purposes, the client is recommended to provide cancellation notices in written text.

4.2. In the event of a client cancelling the booked travel package prior to commencement of their provision by I.D. Riva Tours or if the client fails to utilize the travel services (no show), I.D. Riva Tours shall have no right to claim payment of the contractually agreed travel price. Instead, I.D. Riva Tours shall be entitled to claim payment of adequate compensation in consideration of preparations made and costs incurred by I.D. Riva Tours at the time of the cancellation being notified to it. Such adequate compensation shall be calculated on the basis of the contractually agreed travel service price. The aforementioned shall however not apply if the client’s cancellation is caused by reasons falling into the scope of I.D. Riva Tours’ responsibility or if the cancellation was caused by the occurrence of unavoidable, extraordinary circumstances at or in direct proximity to the client’s destination which would materially impair the provision of travel services at or the carriage of passengers to the client’s destination. Circumstances shall be deemed unavoidable and extraordinary, if they cannot be controlled by I.D. Riva Tours and if their consequences remain unavoidable despite I.D. Riva Tours having taken all reasonable measures to avoid them.

4.3. The below mentioned standard compensation charges have been calculated by way of I.D. Riva Tours duly taking into account any and all costs which usually remain unexpended as well as any and all proceeds usually generated by way of selling unutilized travel services to other clients or making use of same otherwise. The standard compensation charges are applied as follows, depending on the date on which I.D. Riva Tours receives notice of the client’s cancellation:

a) Hotels (CRS code starting with the letter “H”), Holiday Resorts (apartments, CRS code starting with the “A”), Mobile Homes (CRS codes starting with the letter “M”), Travel packages containing flight, bus, train, transport and/or cruise services except charter cruises (CRS code starting with the letter “K”), as well as other services which are not subject to lit. b) or c):

Up to the 30th day prior to commencement of the booked travel package services 20%
as of the 29th up to 22th the day prior to commencement of the booked travel package services 25%
as of the 21th up to the 15th day prior to commencement of the booked travel package services 35%
as of the 14th up to the 8th day prior to commencement of the booked travel package services 50%
as of the 7th up to the 4th day prior to commencement of the booked travel package services 60%
as of the 3th up to the 1th day prior to commencement of the booked travel package services 70%
up to the day of commencement of the booked travel package services or in case of no-show 80% of the contractual travel price.

b) Vacation Rentals (villas, homes and apartments, CRS code starting with the letters “P” or “L”):

Up to the 45th day prior to commencement of the booked travel package services 20%
as of the 44th up to 31th the day prior to commencement of the booked travel package services 30%
as of the 30th up to the 15th day prior to commencement of the booked travel package services 50%
as of the 14th up to the 8th day prior to commencement of the booked travel package services 60%
as of the 7th up to the 1th day prior to commencement of the booked travel package services 70%
up to the day of commencement of the booked travel package services or in case of no-show 80% of the contractual travel price.

c) Charter of Ships

Up to the 90th day prior to commencement of the booked travel package services 20%
as of the 89th up to 60th the day prior to commencement of the booked travel package services 30%
as of the 59th up to the 30th day prior to commencement of the booked travel package services 40%
as of the 29th up to the 22th day prior to commencement of the booked travel package services 50%
as of the 21th up to the 7th day prior to commencement of the booked travel package services 60%
as of the 6th up to the 1th day prior to commencement of the booked travel package services 75%
up to the day of commencement of the booked travel package services or in case of no-show 90% of the contractual travel price.

4.4. In any event, the client shall retain the right to positively prove that I.D. Riva Tours has incurred no damages or damages which are substantially lower than the standard charge claimed in accordance with the above mentioned standard compensation charges.

4.5. I.D. Riva Tours reserves the right to claim a higher concretely calculated compensation amount, provided I.D. Riva Tours provesI that it has incurred substantially higher expenses than the respectively applicable standard charge. In such event, I.D. Riva Tours shall be obliged to concretely specify and substantiate the accordingly claimed higher compensation amount, by way of duly taking into consideration any unexpended costs as well as any and all proceeds generated by way of selling the unutilized travel services to another client or by way of making use of same otherwise.

4.6. In the event of I.D. Riva Tours being obliged to refund the travel package price due to the client’s cancellation, it shall do so without undue delay, at least within a maximum period 14 days following the date on which I.D. Riva Tours received notification about the cancellation.

4.7. The client’s legal right pursuant to Section 651 e BGB (German Civil Code), to, on a pre-servable medium, demand that instead of the client a third person is to enter into the travel package contract, remains unaffected by the above provisions.

4.8. The client is urgently advised to take out insurance covering cancellation costs as well as insurance covering expenses for repatriation in the event of any accident or illness occurring while travelling.

5.1. The client shall have no right to claim amendment of the booked time, place of destination or departure, accommodation, the means of transport as well as the place of boarding or disembarking (booking amendments). This shall not apply, if, I.D. Riva Tours has either failed to provide or has provided insufficient or incorrect information to the client/traveller prior to concluding the travel package contract as provided in Article 250 Section 3 EGBGB (Introductory Code to the German Civil Code), in which case the booking amendment must be made free of charge. If a booking amendment is possible and applied in accordance with the client’s request, I.D. Riva Tours, provided the time lines defined below are duly observed, shall be entitled to charge a booking amendment fee per person affected by such requested change. Unless specifically agreed otherwise prior to I.D. Riva Tours accepting a booking amendment request, the fee for booking amendments which are applied up to the time of the respectively defined second periods, as mentioned in the respectively relevant cancellation fee category in Clause 4.3 above, shall amount to € 25 per affected traveller, respectively 5% of the charter price when chartering a ship.

5.2. Any client request to amend travel bookings which are communicated at any time later than within the aforementioned period, provided such change is possible at all, may only be applied by way of the client cancelling the travel contract in accordance with Clause 6 above and the conditions provided herein while simultaneously placing a new booking. This shall however not apply in relation to booking amendment requests which incur only minor costs.

In the event that, for reasons that fall into the traveller’s scope of responsibility and, in relation to which the traveller holds no statutory right to cancel the travel package contract free of charge, the traveller fails to utilise individual travel services despite having been duly offered the provision of same (e.g. due to early return or for other compelling reasons), the traveller shall not be entitled to a pro-rata refund of the contractually agreed travel package price. I.D. Riva Tours shall apply reasonable endeavours to obtain refunds of any accordingly unexpended costs from its suppliers. Such obligation shall not apply if the respectively unused services are absolutely insignificant.

7.1. I.D. Riva Tours shall be entitled to cancel the travel package contract due to failing to generate a minimum amount of participant bookings in accordance with the following rules:

a) The minimum number of participants and the latest time at which a booking may be cancelled by I.D. Riva Tours has been accordingly mentioned within the information provided by I.D. Riva Tours prior to concluding the travel package contract.

b) The minimum number of participants and the latest time at which a booking may be cancelled by I.D. Riva Tours must be mentioned also in I.D. Riva Tours’ booking confirmation or the booking confirmation.

c) I.D. Riva Tours shall be obliged to without undue delay, notify travel clients of any cancellations becoming necessary once it has been ascertained that the travel package contract will not be performed due to not reaching the minimum number of bookings.

d) Any such cancellation by I.D. Riva Tours that is notified later than 30 days prior to commencement of the affected travel package contract shall not be allowed.

7.2. If no travel service under the travel package contract is performed for aforementioned reasons, the client shall be fully refunded any and all payments previously paid to I.D. Riva Tours without undue delay. Clause 4.6 above applies accordingly.

8.1. I.D. Riva Tours shall be entitled to cancel the travel package contract with immediate effect if, despite I.D. Riva Tours’ explicit warning, the traveller continues to interrupt the provision of travel services or if the traveller violates the contract to an extent, sufficiently substantial to justify I.D. Riva Tours’ summary cancellation of the contract. This shall not apply if the traveller’s violation of the contract was caused due I.D. Riva Tours’ failure to duly fulfil its information duties prior to concluding the travel package contract.

8.2. If I.D. Riva Tours cancels the contract for the above reasons it shall remain entitled to demand full payment of the travel package price. However, any unexpended costs as well as any and all proceeds generated by selling unutilised travel services to other travel clients or any refunds received from travel suppliers in this respect are to be deducted from I.D. Riva Tours’ respective claims.

9.1. Travel Documents

Clients shall be obliged to notify I.D. Riva Tours or the travel agent who has concluded the travel package contract with the client on I.D. Riva Tours’ behalf, if it has not duly received the travel documents within the time specified by I.D. Riva Tours.

9.2. Deficiencies/Remedy

a) If the travel services performed under the travel package contract are in any way deficient, the traveller is entitled to demand remedy.

b) If and to the extent that, due to the traveller’s failure to duly report a service deficiency, I.D. Riva Tours has been unable to remedy same, the traveller shall neither be entitled to refund in accordance with Section 651m BGB (German Civil Code) nor to compensation of damages in accordance with Section 651nBGB (German Civil Code) in this regard.

c) Clients shall be obliged to, without undue delay, report to I.D. Riva Tours’ authorised representatives onsite the occurrence of any travel service deficiencies and demand remedy of same. If there are no representatives of I.D. Riva Tours present onsite and I.D. Riva Tours, according to the travel package contract, is not obliged to have such a representative present onsite, any travel service deficiencies are to be reported to the contact as communicated by I.D. Riva Tours; travellers will be informed about the availabilities of I.D. Riva Tours’ onsite representatives or contacts within I.D. Riva Tours’ travel booking confirmation. The traveller, may at his/her discretion, also choose to report any deficiencies to the travel agent which has concluded the travel package contract on I.D. Riva Tours’ behalf.

d) I.D. Riva Tours’ representative is assigned with remedying any occurring service deficiencies, it is, however, neither authorized to confirm deficiencies nor to acknowledge any claims asserted against I.D. Riva Tours.

9.3. Deadline prior to Cancellation

If the client/traveller pursuant to Section 651l BGB (German Civil Code) intends to cancel the travel package contract due to a service deficiency as defined in Section 651i Subsection (2) BGB (German Civil Code) that is substantial, the client/traveller shall be required to first define an adequate deadline within which I.D. Riva Tours is to remedy the reported deficiency. This shall not apply if I.D. Riva Tours has previously refused to take adequate remedial measures in this concern or if it is necessary that immediate remedial measures are taken.

9.4. Damage and Loss of Baggage during Flights; Special Rules and Deadlines for Remedy Demands

a) The traveller is advised herewith that, in accordance with the relevant air traffic regulations, any loss or damage to or late delivery of baggage in connection with the performance of flights is to be reported without undue delay onsite to the performing airline carrier by way of a property irregularity report (P.I.R.). According to international agreements, airlines and travel package tour operators are entitled to refuse any compensation of damages suffered if the traveller has failed to duly complete the P.I.R. In the case of any baggage damages, the P.I.R. is to be submitted within 7 days in the case of any baggage delivery delay within 21 days after delivery.

b) In addition, any loss, damage or misdirection of travel baggage is to be reported to I.D. Riva Tours, its representatives or contacts or to the travel agent who has concluded the travel package contract on I.D. Riva Tours’ behalf without undue delay. Despite such report, the traveller remains obliged, to submit the P.I.R. within the periods specified in lit a) above.

10.1. I.D. Riva Tours’ contractual liability for damages which have neither resulted in fatal injury, bodily harm nor damages to a person’s health and which have not arisen due to any negligence or wilful conduct on the part of I.D. Riva Tours and its suppliers and vicarious agents, shall be limited to an amount equalling triple the travel package price. Any claims based on the Montreal Treaty or the Luftverkehrsgesetz (German Air Traffic Code) shall remain unaffected.

10.2. I.D. Riva Tours shall be held liable neither for any service disruptionsr for any personal injury nor for any damages to property which arise in connection with third party services which I.D. Riva Tours has sold acting as a mere agent (e.g. excursions, sports events, theatre tickets, exhibitions, transportation services from and to the specified places of departure and destination), if I.D. Riva Tours, within its advertised publications and its travel booking confirmation has clearly indicated such services as third party services in a sufficiently distinct manner, thereby expressively stating the identity and address of the corresponding third party contract partner which I.D. Riva Tours has acted as an agent for, so that it is apparent to the client that such services are not part of the travel package contract concluded with I.D. Riva Tours. Sections 651b, 651c, 651w and 651y BGB (German Civil Code) remain unaffected in this regard.

10.3. I.D. I.D. Riva Tours shall however be liable in relation to damages caused to clients as a result of I.D. Riva Tours having breached its statutory advisory or information duties towards the client or due to any breach by I.D. Riva Tours of its organisational duties.

Any claims asserted by the client under Section 651i subsection (3) no. 2, 4-7 BGB (German Civil Code) must be addressed to I.D. Riva Tours. Alternatively, they can also be addressed to the travel agent who has concluded the travel package contract on behalf of I.D. Riva Tours. Contractual claims as specified in section 651 i paragraph 3 German Civil Code are subject to a limitation period of two years. Such limitation period commences on the day the travel package services were supposed to come to a conclusion. It is recommended to assert claims in written text.

12.1. In accordance with the EU-Regulation for the Information of Commercial Flight Passengers about the Performing Airline Carrier’s Identity, I.D. Riva Tours shall inform clients prior to or latest at the time of the relevant booking about the identity of each airline carrier performing services within the scope of the booked travel package.

12.2. If, at the time of booking, the identity of any performing airline carrier is not yet certain, I.D. Riva Tours shall be under an obligation to identify the airline carrier(s) which at that time is/are probably expected to provide the flight service(s). As soon as it has been ascertained which airline carrier will perform the flight service, I.D. Riva Tours will inform the client accordingly.

12.3. In the event of anynges as regards the performing airline carrier, I.D. Riva Tours will inform the client accordingly without undue delay and as swiftly as possible with reasonably adequate means.

12.4. Die The so called “Black List” which, according to the EU Regulation lists all airline carriers which are banned from entering the air space of EU member states, is displayed on I.D. Riva Tours’ websites and I.D. Riva Tours’ business offices or can be accessed directly online at https://ec.europa.eu/transport/modes/air/safety/air-ban_en.htm.

13.1. Prior to concluding the travel package contract, I.D. Riva Tours shall inform clients/travellers about general passport or visa requirements as well as about any official health regulations to be observed at the country of destination, including the time usually expected in order to obtain respectively relevant visa documents as well as about any statutory changes in this regard.

13.2. Der The client shall be solely responsible for obtaining and holding the officially necessary travel documents, for having all necessary vaccinations performed on him and fellow travellers as well as for acting compliantly with any relevant customs and foreign exchange control regulations. Any disadvantages arising as a result of the client’s failure to comply in this regard, such as e.g. any cancellation fees, shall be borne by the client. This shall not apply if I.D. Riva Tours has either failed to inform the client at all or if it has informed the client insufficiently or incorrectly in any way.

13.3. I.D. If I.D. Riva Tours is assigned by the client with obtaining necessary visa documents, I.D. Riva Tours shall not be liable for the timely granting of same by the relevant embassy or consulate nor for their due receipt by the client, unless I.D. Riva Tours is in breach of any of its contractual duties in this regard.

14.1. With respect to the newly introduced legislation regulating the settlement of consumer disputes (Gesetz über Verbraucherstreitbeilegung), I.D. Riva Tours points out that it currently does not participate in any such voluntary settlement programme. In the event that the participation in such a programme became obligatory in the further course after printing and publishing these terms and conditions, I.D. Riva Tours will duly inform its clients accordingly. In relation to all contractual relationships concluded electronically, I.D. Riva Tours makes reference herewith to the European dispute settlement platform http://ec.europa.eu/consumers/odr.

14.2. For clients who are not nationals of a member state of the European Union or Swiss nationals, it is agreed that the entire legal and contractual relationship between the client and I.D. Riva Tours shall be exclusively governed by German law. Legal suits filed by clients shall be exclusively brought before the competent court jurisdiction at the place where I.D. Riva Tours has its registered seat.

14.3. Law suits brought by I.D. Riva Tours against a client shall be brought before the court of competent jurisdiction at the client‘s residence. In relation to law suits against clients who are merchants in accordance with the German Commercial Code (HGB) or legal persons of civil or public law whose residence or registered business seat or whose usual place of stay is either abroad in a foreign country or unknown at the time when the law suit is brought, the parties agree that such law suits shall be brought before the court of competent jurisdiction at I.D. Riva Tours’ registered seat.

I.D. Riva Tours GmbH
Neuhauser Str. 27, D-80331 Munich (München)
Phone: +49 89 23 11 00-0
Fax: +49 89 23 11 00-22
E-mail: info@idriva.com
Chief executive: Konstantin Gaitanides, Selimir Ognjenović
Registry Court Munich (Amtsgericht München) HRB 107372

© These Travel Terms & Conditions are protected by copyright: Noll | Hütten | Dukic Lawyers, München | Stuttgart 2019