GENERAL TERMS AND CONDITIONS OF CONTRACT AND TRAVEL
1. General Conditions
1.1 These general terms and conditions of contract and travel govern the legal relationships between you and travel arrangements organized by aQuasun Tourism or other services offered by us.
1.2 These General Terms and Conditions of Contract and Travel do not apply to the following trips and services: For all "flight-only arrangements" (especially, for example, APEX/PEX flight tickets), the general terms and conditions of contract and transport of the responsible airlines apply.
1.3 The first and last day of the booked vacation are considered as the arrival and departure day.
2. Conclusion of Contract
2.1 The contract with aQuasun Tourism is concluded with the unconditional acceptance of your written, telephone, or personal registration. From this point on, the rights and obligations under the contract (including these general terms and conditions of contract and travel) become effective for you and aQuasun Tourism.
3. Prices and Payment Terms
3.1 Prices are, unless otherwise stated, per person in euros.
3.2 Your booking will be confirmed in writing by aQuasun Tourism. Within 10 days of receiving the written confirmation, the following deposit is due: euro 400.-/person for all trips within Europe, to Mediterranean countries. euro 800.-/person for all trips overseas. The remaining payment must be received by aQuasun Tourism no later than 14 days before departure. If payment is not made on time, clause 4.2 comes into effect. Unless otherwise agreed, the documents will be sent to you after receipt of payment for the total invoice amount, usually about 14 days before departure.
3.3 If you book your trip less than 15 days before departure, the full invoice amount must be paid at the time of booking.
4. Cancellation or Change by the Customer
4.1 If you cancel a trip or wish to make changes/rebook the booked trip, this must be communicated to aQuasun Tourism personally or by registered letter. At the same time, all travel documents already received must be returned to aQuasun Tourism.
4.2 In the event of cancellation, changes, or rebooking of your trip, euro 60.– per person, maximum euro 120.- per order, will be charged as a processing fee. These fees are not covered by any existing cancellation insurance. If you cancel the trip less than 22 days before departure or make any changes or rebookings, the following cancellation fees will be charged in addition to the processing fees (clause 4.2): 21 to 15 days before departure: 20% of the price; 14 to 8 days before departure: 40% of the price; 7 to 0 days before departure or failure to appear: 80% of the price.
4.3 Last-minute offers: 100% of the package price from the booking date.
4.4 In cases of hardship, cancellation costs are covered by a cancellation insurance if you have taken out such insurance. The benefits depend on the applicable insurance policy.
4.5 If you have to cancel your trip, you can nominate a substitute traveler. They must be willing to enter into the contract under the existing conditions. They must also meet the special travel requirements (health, etc.), and their participation must not violate any legal regulations or official orders. For certain trips, due to special transport conditions and the like, no rebooking can be made or only up to a certain point in time (which may differ from the deadlines below). The entry of a substitute person is usually permissible:
• For trips within Europe and to countries without visa requirements: up to 2 days before departure (excluding the day of departure).
• For trips overseas and to countries with visa requirements: by agreement with aQuasun Tourism, depending on administrative possibilities (duration for obtaining visas, reissuance of documents, etc.). The processing fee and any additional costs must be borne by you and the substitute traveler. If a substitute traveler enters into the contract, both are jointly liable for the payment of the price.
5. Changes
5.1 aQuasun Tourism expressly reserves the right to change brochure information, service descriptions, prices in brochures, and on price lists before your booking. If this is the case, aQuasun Tourism will inform you about these changes before the conclusion of the contract.
5.2 The package tours of our arrangements are based on contract prices with service providers; therefore, subsequent price increases, for which we cannot be held responsible, are expressly reserved, especially in the following cases:
• In the event of price increases by independent service providers that were not known at the time of the program's tender (e.g., general tariff changes by transport companies, fuel surcharges, etc.).
• In the case of newly introduced or increased state taxes or fees (e.g., increased airport taxes, tourist taxes, taxes, etc.).
• In the event of price increases due to exchange rate changes. If the subsequent price increase exceeds 10% of the original package price, you can withdraw from the contract without cost consequences within 5 days of receiving the notification. Without your notification within 5 days, you agree to the price increase. In your interest, aQuasun Tourism reserves the right to change the travel program or individual agreed services (such as accommodation, type of transport, means of transport, airlines, flight times, etc.). If unforeseen or unavoidable circumstances require it, you will be offered an equivalent replacement service.
6. Cancellation by aQuasun Tourism
6.1 We reserve the right to cancel the trip due to insufficient participation or other circumstances if the implementation becomes economically unreasonable for us. The trip must be canceled by aQuasun Tourism up to 21 days before the scheduled start of the trip. Force majeure events (e.g., natural disasters, epidemics, unrest), official measures, or strikes may cause aQuasun Tourism to cancel the trip. In such a case, you will be notified as soon as possible. In the cases mentioned under point 6, aQuasun Tourism will refund you the already paid travel price; further claims are excluded. If the trip has to be canceled due to failure to reach the minimum number of participants or for other reasons (clause 6.1), and you do not participate in an alternative trip, we will pay you a flat fee of euro 60.- per person, maximum euro 120.– per order. For special programs, theaters and concerts, sports, club, and association trips, or group trips arranged on your behalf, no flat fee will be paid.
7. Program Changes, Service Failures During Travel
If an agreed service is not provided or only partially provided during the trip, we, the tour guide, or local representatives will make efforts to provide a replacement service. Unavoidable additional costs that we could not have known about when the contract was concluded, even with due care, must be passed on to you if necessary. This regulation also applies if you have to terminate the trip prematurely. Any services not used will be refunded to you, provided they are not charged by aQuasun Tourism. In urgent cases (illness, accident, etc.), the tour guide or local representative will assist you in organizing the early return trip. If you have our cancellation and return travel cost insurance, the insurance must be notified immediately.
8. Complaints
8.1 If
the trip does not correspond to the contractual agreement or if you suffer damage, you are entitled and obligated to notify the tour guide of aQuasun Tourism, their representative, or the service provider immediately of the defect or damage and to demand remedy.
8.2 The tour guide or local representative will endeavor to remedy the situation within a reasonable period. If remedy is not possible, have the defects confirmed in writing by the tour guide, representative, or service provider. Claims for damages will not be recognized on-site.
8.3 If you wish to assert defects, refunds, or claims for damages against aQuasun Tourism, your complaints must be submitted in writing within 30 days after your return. Your complaint must be accompanied by confirmation from the tour guide or local representative and any evidence.
9. Liability of aQuasun Tourism
9.1 As a tour operator, we are liable for the careful selection, organization, and procurement of the agreed travel services. aQuasun Tourism will reimburse you for the value of agreed but not provided services or if it was not possible for the service provider to provide an equivalent replacement service on-site.
9.2 If international agreements limit compensation for damages resulting from non-performance or improper performance, aQuasun Tourism can invoke these agreements and is only liable within the scope of these agreements. International agreements with liability limitations exist, especially in the transport sector (such as air transport, sea transport, and railway transport).
9.3 aQuasun Tourism is not liable if the improper performance of the contract can be attributed to the following causes:
• Neglect on your part before or during the trip.
• Unforeseeable or unavoidable neglect by a third party not involved in the provision of the contractually agreed service.
• Force majeure or an event that aQuasun Tourism or the service provider could not foresee or prevent despite due diligence. In these cases, any liability on our part is excluded.
9.4 We are liable for personal injury, death, bodily harm, and illness resulting from non-performance or improper performance of the contract if the damages are caused by aQuasun Tourism or its service providers. International agreements remain reserved.
9.5 For property and pecuniary damages resulting from non-performance or improper performance of the contract, the liability of aQuasun Tourism is limited to a maximum of twice the travel amount, unless the damage was caused intentionally or through gross negligence; lower liability limits in international agreements remain reserved.
9.6 Outside the agreed travel program, local events may be booked during the trip under certain circumstances. It is not excluded that such events and excursions involve risks (e.g., hikes at high altitudes, extreme heat, required physical condition). It is your responsibility to participate in such events. However, aQuasun Tourism is not your contracting party, and you cannot rely on these general terms and conditions of contract and travel if these events and excursions are organized by third-party companies and the tour guide or local representative merely facilitated them.
10. Insurance
Cancellation and return travel cost insurance is not included in the arrangement price, but its conclusion is mandatory. If you have private insurance coverage, you can waive insurance coverage. The liability of travel, transport, and aviation companies is limited. Therefore, aQuasun Tourism recommends that you ensure additional insurance coverage, such as travel accident and travel health insurance, baggage insurance, etc.
11. Entry, Visa, and Health Regulations. The travel advertisement provides information on passport and entry requirements. This information applies to Swiss citizens and citizens of Liechtenstein. Citizens of other countries should inquire with their booking office or the relevant consulate. If travel documents need to be issued, extended, or visas obtained, you are responsible for this yourself. If a travel document is not available or is issued too late, and you have to cancel the trip as a result, the cancellation provisions apply. Travelers are responsible for compliance with entry, health, and currency regulations themselves. Before departure, check that you have all necessary documents with you. aQuasun Tourism reminds you that in the event of refusal of entry, you must bear the return costs yourself.
12. For Your Safety. According to the Federal Law of 18.06.93, we guarantee the security of the amounts paid by you.
13. Jurisdiction. German law applies. Lawsuits against aQuasun Tourism can only be filed at its headquarters in Antalya.
14. Ombudsman. Before any potential legal dispute, you can consult the ombudsman for the travel agency industry. The ombudsman aims to achieve a fair and balanced settlement of any type of problem.
15. General Provisions
15.1 All information in our advertisements is published subject to legal or regulatory approval. Details of these advertisements correspond to the status at the time of printing.
15.2 With the publication of new advertisements, all our previous publications on the same travel destinations and dates lose their validity.
15.3 We are not liable for printing and arithmetic errors.
15.4 The invalidity of a part of these conditions does not affect the effectiveness of the remaining provisions.