Terms of service
These terms and conditions are translated from the german version (AGB). In the event of a legal dispute, the German terms and conditions apply.
Dear participant, please read the following general terms and conditions carefully. They supplement the legal regulations and become the content of the travel contract, in the event of your booking between us, WE COME HOME, a company of Sascha Kaus GmbH (WE COME HOME), and you (customer).
Preamble
The contractual rights between the contracting parties arise solely from the written agreements and from these general travel conditions.
1. Validity
1.1. The following terms and conditions apply to all travel and / or agency contracts concluded between Sascha Kaus GmbH - WE COME HOME - (hereinafter referred to as "WE COME HOME”) and its contractual partners (hereinafter referred to as "customers").
1.2. The inclusion of conditions of the customer is contradicted, unless the parties have expressly agreed otherwise.
2. Registration, conclusion of contract
2.1. With your travel registration you offer WE COME HOME the conclusion of a travel contract based on the description of our trips and these general terms and conditions. Registration can be made verbally, by telephone, in writing or in electronic form (internet / email).
2.2. The registration is carried out by the applicant for all persons listed in the application, for whose contractual obligations the applicant is also responsible, as for his own obligations, provided that he has accepted this obligation by means of an explicit and separate declaration.
2.3 If the content of the booking confirmation differs from the content of the registration, there is a new offer to which WE COME HOME is bound for 10 days. The contract is concluded with the content of this new offer if you expressly or conclusively declare WE COME HOME's acceptance within the specified period (e.g. by paying the deposit).
3. Contractual services
3.1 The scope of the contractual services of WE COME HOME results exclusively from the content of the booking confirmation in connection with the detailed description of the service description of the website applicable to the respective trip. Should the teacher or course leader named in the travel confirmation, be unable to attend, e.g. due to illness, WE COME HOME is entitled to appoint another yoga teacher or course instructor for the trip.
3.2 If an offer includes meals in the form of half or full board, the meals begin with dinner on the day of arrival and end with breakfast on the day of departure.
3.3 If, at your request, WE COME HOME organizes an individual travel itinerary, WE COME HOME's obligation to perform arises exclusively from the specific offer to you and the corresponding booking confirmation.
3.4. Service providers (e.g. seminar houses, hotels, transport companies) and travel agents or travel agencies are not authorized by WE COME HOME to give assurances or to make agreements that go beyond the travel advertisement or the booking confirmation of WE COME HOME or that contradict this or that modify the confirmed content of the travel contract.
4. Service and price changes
4.1 Necessary changes to individual services by WE COME HOME after conclusion of the contract are only permitted if the changes are insignificant and do not impair the basic services and were not brought about by WE COME HOME in good faith.
4.2 WE COME HOME reserves the right to change the travel price prior to the conclusion of the contract due to an increase in transportation costs, taxes for certain services, such as port or airport fees, or a change in the exchange rates applicable to the relevant trip after publication on the website. WE COME HOME also reserves the right to adjust the travel price before the contract is concluded if the trip of your choice or the one advertised on the website is only available by purchasing additional quotas after publication on the website.
4.3 WE COME HOME commits itself to inform you immediately in the event of the aforementioned changes in services and, if necessary, to offer you a free rebooking or a free cancellation.
4.4 Price increases from the 30th day before the start of the service are not permitted.
4.5 In the event of price increases of more than 5% or in the event of a significant change to a significant service, you are entitled to withdraw from the travel contract without fees or to request participation in an at least equivalent trip if we are able to undertake such a trip at no additional cost to offer you from our offer.
4.6 You have to assert these rights in writing to us immediately after receipt of our declaration about the price increase or change of the travel service.
5. Terms of payment
5.1 With the conclusion of a contract, a down payment of at least 20% of the total price is due for travel contracts that are concluded directly with WE COME HOME. With the declaration of acceptance by WE COME HOME, you will receive an invoice in which the amount of the down payment and the subsequent payment to be made will be quantified.
5.2 Unless otherwise agreed in the declaration of acceptance, the remaining payment of the total price is due 30 days before the start of the trip.
5.3 If due payments are not made or are not made in full and if a payment is not made even after a reminder with a grace period, WE COME HOME can withdraw from the respective contract, unless there is already a significant shortcoming at this time. In the event of the aforementioned withdrawal from the travel contract, WE COME HOME can request cancellation fees as compensation in accordance with sections 6.2, 7.1. You are allowed to prove that WE COME HOME has not suffered any damage or significantly less damage in this regard. WE COME HOME is allowed to prove that higher damage has occurred.
6. Cancellation by you / rebooking
6.1 You can withdraw from the trip at any time before the start of the trip by sending us a written declaration. The day of receipt of the cancellation notice at WE COME HOME applies. If you withdraw from the travel contract or if you do not take the trip, we can demand compensation for the travel arrangements made and for our expenses.
6.2 The compensation that we can claim in the event of your withdrawal from the trip is as follows:
61 days or more before the start of the event we charge 150.- Euro as a processing fee.
60 days or less before the start of the event, we charge 50% of the total price.
30 days or less before the start of the event, we charge 75% of the total price.
14 days or less before the start of the event, we charge 90% of the total price.
1 day before the start of the event or in the event of a no-show, we charge 100% of the total price.
6.3. The aforementioned deadlines refer to the receipt of the cancellation by WE COME HOME.
6.4. You are allowed to prove that WE COME HOME has not suffered any damage or has suffered less damage. WE COME HOME is allowed to prove that higher damage has occurred. We recommend that you have a travel cancellation insurance.
7. Rebooking / entry of a third party
7.1 Rebookings at your request are only possible by withdrawing from the travel contract according to the travel conditions mentioned in section 6.2 (cancellation compensation) and parallel new registration, provided WE COME HOME agrees, up to 61 days before the start of the trip, at a fee of EUR 75.00 per person.
7.2 You can name a substitute until the start of the trip who can enter into your contractual obligations. You must inform us of this in writing. WE COME HOME can object to the entry of the third party if he or she does not meet the special travel requirements or if his / her participation is contrary to legal regulations or official orders. The traveler and you entering the contract are jointly and severally liable for the travel price and all additional costs arising from the occurrence of the third party.
7.3. For the contracts concluded for you through the brokerage activity of WE COME HOME, the rebooking conditions of the respective provider apply, which are available to you before the contract is concluded.
8. Withdrawal and termination by WE COME HOME
In the following cases, WE COME HOME can withdraw from the travel contract or cancel the travel contract after the start of the trip:
8.1 Without observing a deadline if the execution of the trip is disrupted by you despite a corresponding warning by WE COME HOME. The same applies if you act in an unreasonable manner contrary to the contract. However, WE COME HOME retains the right to the travel price. The disruptor bears additional costs for the return transport.
8.2 If WE COME HOME's service description expressly refers to a minimum number of participants, WE COME HOME reserves the right to withdraw from the contract if the minimum number of participants is not reached. In such a case, WE COME HOME undertakes to inform you immediately, but at least 30 days before the start of the trip, and will immediately refund any fees already paid to WE COME HOME.
8.3 In the aforementioned case, you can alternatively request participation in another trip, which is at least equivalent, if WE COME HOME is able to offer such a trip from your offer, at no extra charge. You must assert these rights against WE COME HOME immediately after the withdrawal from WE COME HOME.
9. Exceptional circumstances
If the trip is made significantly more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, both you and WE COME HOME can terminate the travel contract. The mutual rights and obligations result from the legal regulations. Thereafter, WE COME HOME can demand appropriate compensation for travel services rendered or still to be provided. WE COME HOME is obliged to take the necessary measures, especially if the contract includes the return transport, to transport you back. The parties bear half of the additional costs for the return transport, you have to bear the remaining additional costs alone.
10. Administrative formalities
10.1 WE COME HOME will inform you before the contract is concluded about the provisions of passport, visa and health regulations of the respective travel country as well as about the deadlines for obtaining these documents. This obligation relates to the requirements for nationals of the Member State in which the trip is offered.
10.2 You remain responsible for the necessary travel documents and visas as well as for observing all personal laws, regulations, ordinances, requests and travel requirements of the countries affected by the trip.
11. Liability and limitations of liability
11.1 We are only liable for damage to you, or in the event of a booking for several people, for each participant, that is not based on intent or gross negligence if the damage is due to grossly negligent or willful conduct on the part of one of our company members or one of our vicarious agents. Liability is limited to three times the travel price. This restriction to three times the travel price also applies to our contractual liability for all other damage that is not physical damage, insofar as damage is not caused to you intentionally or through gross negligence or if the damage you incur is solely due to the fault of a service provider. These maximum liability limits apply to each customer or participant and trip. The standard of liability corresponds to the care of a prudent businessman.
11.2 WE COME HOME is not liable for service disruptions in connection with third-party services that WE COME HOME only brokered between you and third parties if these are expressly identified as third-party service in the service description and booking confirmation, stating the third party provider. This does not include damage on your part, or that of a participant, the cause of which is a violation of the obligation to provide information, advice or administration by WE COME HOME.
11.3 A claim for damages against WE COME HOME is limited or excluded insofar as a claim for damages against the service provider is only made under certain conditions or restrictions on the basis of international agreements or legal regulations based on such, which apply to the services to be provided by a service provider, can be or is excluded under certain conditions.
11.4 These limitations of liability also apply to the fault of the persons who are responsible for the provision of the service.
12. Limitation period
12.1 Your claims under Sections §§ 651c to 651f BGB (German legislation) expire after one year. This period does not apply to claims that arise due to injury to life, limb or health and that are based on an intentional or negligent breach of duty by WE COME HOME or a vicarious agent of WE COME HOME. Also excluded are claims for compensation for other damage based on an intentional or grossly negligent breach of duty by WE COME HOME or a vicarious agent by WE COME HOME. A limitation period of two years applies to these exempted claims.
12.2 The period begins on the day following the day of the contractually agreed end of the travel service.
12.3. Otherwise, the statutory provisions apply.
13. Data protection
13.1 The personal data that you provide to us will be processed and used electronically, insofar as it is necessary for the establishment, implementation or termination of the travel contract and for customer care. The survey, processing and use of personal data comply with the provisions of the Federal Data Protection Act. You have the option at any time to call up your stored data, to request information about it, to have it changed or deleted. With a message to we@wecomehome.com you can object to the use or processing of your data for the purposes of advertising, market or opinion research. Your data will not be passed on to third parties.
13.2 You can read about all other data protection regulations in our privacy policy.
14. Obligations of the traveler
14.1 If you have not received your travel documents at least 8 days before departure, we ask you to inform us immediately.
14.2 It is your responsibility before the trip to check and, if necessary have medical advice on whether participation in the trip is compatible with your respective physical condition and whether this permits the healing treatment provided for by the trip.
14.3 You are obliged to cooperate in the event of performance disruptions within the scope of the statutory regulations on damage reduction, to avoid possible damage as far as possible or to keep it low after occurrence.
15. Notes
15.1 WE COME HOME is obliged to provide the travel service contractually agreed with you in such a way that it has the guaranteed properties and is not tainted with errors that cancel or reduce the value or suitability for the usual benefit or that stipulated in the contract.
15.2 Complaints regarding the contractual performance obligations of WE COME HOME and their elimination must be reported to WE COME HOME immediately on site. If no WE COME HOME contact person is available, WE COME HOME must be informed. You will receive the relevant contact details with your travel documents.
15.3 You must assert contractual claims due to the non-contractual provision of travel services against WE COME HOME within one month after the contractually agreed termination of the trip. After the deadline, claims can only be asserted if the deadline is not missed.
15.4 A termination of the travel contract due to a lack of service, is only possible if a reasonable period of time to remedy you has expired fruitlessly, or if the remedy is impossible, or if the remedy is refused by WE COME HOME, or if that immediate termination of the contract is justified by a special interest on your part.
15.5 If you culpably fail to report a defect, you will not be entitled to a reduction.
16. General
Should any provision of these general travel conditions or other agreements made be ineffective, this does not affect the validity of the travel contract. The contractual partners are obliged to replace the ineffective provisions with a rule that comes as close as possible to their economic success.
17. Final provisions
17.1. The law of the Federal Republic of Germany applies.
17.2 The choice of law according to paragraph 1 applies to consumers within the meaning of § 13 BGB only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
17.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the seat of WE COME HOME, unless an exclusive place of jurisdiction is given. The same applies if the customer has no general place of jurisdiction in Germany or his place of residence or habitual residence is not known at the time the lawsuit is filed.
18. Printing errors
Obvious printing and calculation errors entitle us to appeal against the travel contract.
WE COME HOME is a brand of
Sascha Kaus GmbH
Zum Altenforst 19
D-53840 Troisdorf
Telephone: +49 2241 2409246
Email: we@wecomehome.com
http://www.wecomehome.com
Managing Director: Sascha Kaus
HRB 144257 B registered in the Charlottenburg Commercial Register