Terms and Conditions


Dear customers,

Please read these Terms and Conditions of use accurately. You agree with the Terms and Conditions (AGB) when you use the site in any way or make a booking. They supplement the statutory provisions of the German Civil Code (§§651a-m) and the publication for tour operators (§§ 4-11 BGB-InfoV). The User Agreement is governed by the laws of Germany.

Here you can download or print the Terms and Conditions.

Under paragraph ( A ) you find the conditions when Isara Travel is travel agent, under ( B ) you find the conditions when Isara Travel is tour operator.

A) Travel Agent

If Isara Travel acts as travel agent for third party suppliers (tour operators, hotels, airlines, insurance and car suppliers etc.) it is not a party to the contractual relationship. The contract will be between the travel supplier and the customer. The Terms and Conditions (AGB) of the travel supplier apply.

1. Your Contract
1.1 On Isara Travel's website you can´t make a binding booking directly. With filling out our contact form you request an offer.When you accept our offer and book it ( i.e. in an e-mail, telefax, by phone) and we have confirmed the booking in writing the travel contract is binding. Persons who are not 18 years of age need a declaration of consent from their parents.
1.2 Should the contents of Isara Travels confirmation deviate from the contents of the customers booking, this is then a new offer, to which Isara Travel is bound to for 10 days. The travel contract is concluded on the basis of the new offer if the customer accepts this new offer within these 10 days.
1.3 Booking can be made per e-mail, Internet, orally, in writing, by phone, or telefax.
1.4 The booking is also carried out by the customer for all other participants listed in the application. The customer shall be responsible for their obligations from the contract as well as for his own obligations, insofar as he has taken over a corresponding separate obligation clearly stated in a separate written declaration.
1.5 Isara Travel does not guarantee that the offer is carried out or its appropriateness. This is the responsibility of the travel supplier with which the client has made the travel contract.

2. Insurance
There is the possibility and eventually even the necessity of taking out travel insurance, in particular
• travel cancellation insurance,
• international travel insurance,
• baggage insurance.

The customer shall be responsible for checking the necessity or the appropriateness of taking out travel insurance.

3. Service Charges
Isara Travel reserves the right to charge for additional services supplementary to payment.
• elaboration of travel offers (credited when booking a travel) € 30,--
• obtaining a visa (incl. porto and service charge) € 25,--

4. Duties of the Customer
The customer shall be responsible to submit all complaints connected to the work of Isara Travel for the purpose of finding a solution. Without this, the customer has no entitlement to damages.

5. Payment
5.1 With conclusion of the travel contract and issue of a safeguarding voucher (§651k paragraph 3 BGB) the customer is obligated to make a down-payment .
The outstanding payment has to be paid at least 30 days before travel. After the final payment the travel documents are handed out.
In other cases, the conditions of payment are regulated in the Conditions and Terms of the travel supplier which was booked.
5.2 Isara Travel shall reserve the right to charge additional fees for payment with credit card/bank debit memo or reversal debit for credit card payment/bank debit memo.

6. Liability
6.1 Isara Travels contractual liability for damages other than bodily injuries is limited to an amount corresponding to three times the travel price, insofar as a damage suffered by the traveller has not been caused intentionally or in a grossly negligent way or insofar as the tour operator is responsible for damages suffered by the traveller only due to a culpable act committed by the provider of a service. This maximum sum applies per traveller and per travel.
6.2 Isara Travel is not liable for the loss, extinction or damage of travel documents sent by post.

7. Regulations on Passports, Visa, Customs, Foreign Currency and Health
Insofar as this is possible for Isara Travel, it shall inform the customer of the most important regulations before the commencement of the trip. Isara Travel is not liable for the timely issue and receipt of required visa by the diplomatic representation concerned, even if the customer has assigned Isara Travel with the provision of these, unless Isara Travel is responsible for the delay. The customer himself is responsible for the fulfilment of all important regulations for the realisation of the tour. Any disadvantages that might develop from a non-compliance with these regulations will be for the customers account, unless they have been caused by Isara Travel culpably giving false or misinformation. Isara Travel is not liable for the refusal of visa or decisions of local authorities.

8. Exclusion of Claims and Period of Limitation
Contractual claims of the customer due to deficiencies of the trip (remedy by the operator/ own interventions by the traveller in order to remedy the deficiency, diminution of the travel price, compensation for damages and cancellation) must be asserted within one month calculated from the day following the day of the end of the trip as determined in the contract. Should the last day be a Sunday, a general bank holiday at the location of the declaration, or a Saturday, the next working day is deemed to be the end of the notification period. After the end of the notification period the customer will only be able to assert claims if he was inhibited from observing the notification period from no fault of yours. Claims should be asserted in writing.
Your claims pursuant to § 651c to § 651f BGB (German Civil Code) shall become time-barred after one year, calculated from the day following the day of the end of the tour as determined in the contract.

9.General
Should single provisions of the procurement contract be invalid, in particular these AGB, the validity for the rest does not apply.

Agent:
Isara Travel - Travel for Body and Soul
Rainer-Maria-Rilke-Straße 16
40699 Erkrath
Germany
Phone: 0049-(0)211-2807338
Telefax: 0049-(0)211-2807339
Email: infoisara-travel.eu

B) Tour Operation

1. Your Contract
1.1 On Isara Travel's website you can´t make a binding booking directly. With filling out our contact form you request an offer.When you accept our offer and book it ( i.e. in an e-mail, telefax, by phone) and we have confirmed the booking in writing the travel contract is binding. Persons who are not 18 years of age need a declaration of consent from their parents.
1.2 Should the contents of our confirmation deviate from the contents of your booking, this represents a new offer, to which we shall be bound for 10 days. The travel contract is concluded on the basis of the new offer if you declare acceptance of this offer within these 10 days.
1.3 Booking can be made per e.mail, Internet, orally, in writing, by phone, or telefax.
1.4 The booking is also carried out by the customer for all other participants listed in the application. The customer shall be responsible for their obligations from the contract as well as for his own obligations, unless he has taken over a corresponding separate obligation in a clearly written and separate declaration.
1.5 Travel Suppliers (i.e. airlines, hotels) are not authorised to make arrangements, give assurances or provide information that change the travel contract.
1.6 Isara Travel is not liable for information (i.e. hotel brochure) that is not distributed from Isara Travel itself.

2. Insurance
There is the possibility and eventually even the necessity of taking out a travel insurance, in particular
• travel cancellation insurance,
• international travel insurance,
• baggage insurance.

The customer shall be responsible for checking the necessity or the appropriateness of taking out a travel insurance.

3. Payment
3.1 With conclusion of the travel contract and issue of a safeguarding voucher(§651k paragraph 3 BGB) the customer is bound to make a down payment .
The outstanding payment has to be paid at least 30 days before travel. After the final payment the travel documents are handed out.
Otherwise the conditions of payment are regulated in the Conditions and Terms of the travel supplier booked.
3.2 Isara Travel shall reserve the right to charge additional fees for payment with credit card/bank debit memo or reversal debit for credit card payment/bank debit memo.

4. Modification of Service
4.1 Isara Travel reserves the right to modify information contained in leaflets before the conclusion of the contract if there are objectively justifiable reasons. Isara Travel shall inform the customer before the booking of any such modifications.
Modifications or deviations of individual travel services from the agreed contents of the travel contract, which may become necessary after the conclusion of the contract and which have not been brought about by us in breach of good faith, only are permitted insofar as the modifications or deviations are not significant and do not affect the general structure of the booked trip.
Possible claims for compensation of damages remain unaffected insofar as the modified services are deficient.
4.2 If necessary, Isara Travel shall offer the customer a booking free of charge or a withdrawal from the contract free of charge.

5. Modification of Price
5.1 Isara Travel reserves the right to correspondingly modify the travel price in the case of an increase in costs of transport, in fees for certain services such as port or airport fees or of changes to the exchange rate valid for the trip concerned. In this connection, Isara Travel can request the increased amount in the case of a seat-based increase of transport costs. In other cases, the transport costs per means of transport requested additionally by the transport company will be divided by the number of seats of the means of transport, the resulting increase amount being charged to the customer. In the case of an increase in port or airport fees, Isara Travel is permitted to proportionally pass these on to the customer.
This exception is only valid when the signing of the travel contract and the departure date is not more than 4 months..
5.2 In the case of changes in exchange rates after the conclusion of the travel contract, the travel price can be increased to the extent to which costs have increased for us. In the case of a price increase we shall inform you without delay, at the latest, however, 21 days before the date of departure; price increases after that time are not admissible. In the case of price increases by more than 5%, or in the case of a significant modification of an important travel service, you shall be entitled to withdraw from the travel contract free of charge or to request participation in a trip of at least the same value, if we are able to offer such a trip from our range of trips without additional costs for you. Please assert towards us the aforementioned rights without delay after our declaration on the price increase or modification of travel services respectively.

6. Extraordinary Circumstances-Force Majeure
6.1 Should the trip be made considerably more difficult, should it be endangered or affected by force majeure that was unforeseeable at the time of the conclusion of the contract, both Isara Travel as the tour operator and the customer can cancel the contract. Should the contract be cancelled, Isara Travel can request adequate compensation for the travel services already performed or necessary in order to finish the trip.
6.2 Furthermore, Isara Travel is obligated to take the necessary measures, in particular, if the contract comprises return transport, to provide this return transport. Additional costs for return transport are to be borne by the parties one half each. Other additional costs are to be borne by the customer.

7. Withdrawal from Travel by Customer
7.1 The customer can withdraw from the travel contract at any time. The withdrawal shall be made in writing at the address of Isara Travel mentioned in paragraph 17.
7.2 Should the customer withdraw from the travel contract or should he not commence the trip, Isara Travel can request reimbursement for the travel provisions made and for its expenses. Isara Travels right to reimbursement amounts to the lump sum compensation according to the following scale, under consideration of the expenses that are normally saved and a possible other use. In this, the customer is free to prove that costs are less or have not incurred at all. Cancellation fees are calculated per person in % of the corresponding travel price:

a) Hotelbooking withoutTravel (Wellness-Programs)
up to 30 days before date of departure 20%
from 29th till 15th day before date of departure 30%
from 14th till 7th day before date of departure 50%
from 6t day till one day before date of departure 80%
at the day of departure 90%

b) PackageTour with Charter Flight or Scheduled Flight
up until 30th day before date of departure 20%
from 29th till 22nd day before date of departure 30%
from 21st till 15th day before date of departure 40%
from 14th till 7th day before date of departure 50%
from 6t day til one day before departure 60%
at the day of departure 80%

c) Holiday Homes and Apartments
up to 61st day before the day of departure 25%
from 60th till 35th day before date of departure 50%
from 34th day before date of departure 80%

d) Cruises
up until 30th day before date of departure 20%
from 29th till 22nd day before date of departure 40%
from 21st till 15th day before date of departure 60%
from 14th day before date of departure 80%

7.3 Isara Travel shall demand a higher compensation than the lump sum mentioned in 7.2 if the concrete costs are higher.
7.4 To cover the risk of cancellation fees Isara Travel recommends a travel cancellation insurance (see paragraph 2).

8. Rebooking
Should modifications with regard to travel date, destination, location of commencement of the trip, accommodation or means of transport be carried out on the customers request after booking the trip, the costs incurred will usually be the same as in the case of a withdrawal by the customer. The cancellation fees in paragraph 7 may possibly be applicable for rebookings. In the case of other, minor, modifications however, Isara Travel shall only charge a handling fee of EUR 30.-.

9. Unused Services
Should the customer not use individual travel services due to premature return or for other reasons, Isara Travel shall attempt to obtain reimbursement of the expenses saved from the providers of the service. This obligation does not apply if the services concerned are absolutely insignificant.

10. Withdrawal or Cancellation by the Tour Operator
10.1 Isara Travel can withdraw from the travel contract if the customer didn´t make a down payment/outstanding payment. In this case cancellation fees occur.
10.2 Up until 23 days before the date of departure if a minimum number of participants advertised or stipulated by authorities is not reached, provided that information on this minimum number of participants had been contained in the trip advertisement for the corresponding trip. In any case, Isara Travel is obliged to inform the customer without delay after the fulfilment of the condition for the non-realisation of the trip and to submit the withdrawal declaration without delay. Should it be apparent at an earlier point of time that the minimum number of participants will not be reached, Isara Travel shall inform the customer accordingly. The travel price paid will be refunded to the customer without delay.
10.3 Without observation of a period of notice if the customer, in spite of a warning, substantially disturbs the realisation of the trip or if he behaves contrary to the contract to an extent that justifies the immediate annulment of the contract. If Isara Travel cancels the contract, it retains the right to payment of the travel price; however, it must allow credit for the value of the expenses saved as well as any such advantages obtained from another use of the unused services, including the amounts credited by the providers of the services.

11. Liability of the Customer
Should the trip not be provided as agreed in the contract, the customer can request remedy. For this purpose the customers cooperation is necessary. Therefore, the customer is obliged to do everything that can reasonably be expected to contribute to the elimination of a disturbance and to keep the damage that may potentially occur to a level as low as possible or to avoid it altogether. In particular the customer is obliged to notify Isara Travel of any complaints immediately.If Isara Travels local representatives at the destination can´t meet the customers request for remedy the customer is recommended to contact Isara Travel directly. Isara Travel is entitled to provide remedy also by providing a substitute service of the same or a higher value. Isara Travel can also refuse remedy if it requires disproportional efforts.

12. Liability of the Tour Operator
12.1 Should the travel not be provided as agreed in the contract, the customer can request compensation.
12.2 Isara Travels contractual liability for damages other than bodily injuries is limited to an amount corresponding to three times the travel price, insofar as a damage suffered by the traveller has not been caused intentionally or in a grossly negligent way or insofar as the tour operator is responsible for damages suffered by the traveller only due to a culpable act committed by the provider of a service. This maximum sum applies per traveller and per travel.
12.3 Our liability for damage to property is limited to 4100 EUR per customer and trip for all claims for compensation of damages by the customer against the tour operator on grounds of tort, which are not based on intent or gross negligence. Should the travel price exceed this sum of 4100 EUR, our liability is limited to an amount corresponding to three times the travel price. In this context, we recommend that the customer in his own interest takes out a travel accident and baggage insurance.
12.4 The tour operator is not liable for disturbances of services in connection with services that are only mediated as external services (e.g. sports events, theatre visits etc.) and which are expressly marked in the trip description.
12.5 Isara Travel is not liable for the loss, extinction or damage of travel documents sent by post
12.6 A claim for compensation for damages against the tour operator is limited or excluded insofar as, due to international conventions or due to statutory regulations originating from such conventions which are applicable to services to be performed by a service provider, claims for compensation of damages against the service provider can only be asserted under certain conditions or limitations or if these are excluded under certain conditions.

13.Exclusion of Claims and Period of Limitation
13.1 Contractual claims of the customer due to deficiencies of the trip (remedy by the operator/ own interventions by the traveller in order to remedy the deficiency, diminution of the travel price, compensation for damages and cancellation) must be asserted within one month calculated from the day following the day of the end of the trip as determined in the contract. Should the last day be a Sunday, a general bank holiday at the location of the declaration, or a Saturday, the next working day is deemed to be the end of the notification period. After the end of the notification period the customer will only be able to assert claims if he was inhibited from observing the notification period from no fault of him. Claims should be asserted in writing.
13.2 The customers claims pursuant to § 651c to § 651f BGB (German Civil Code) shall become time-barred after one year, calculated from the day following the day of the end of the tour as determined in the contract.

14. Regulations on Passports, Visa, Customs, Foreign Currency and Health
Insofar as this is possible for Isara Travel, it shall inform the customer of the most important regulations before the commencement of the trip.Isara Travelis not liable for the timely issue and receipt of required visa by the diplomatic representation concerned, even if the customer has assigned Isara Travel with the provision of these, unless Isara Travel is responsible for the delay. The customer himself is responsible for the fulfilment of all important regulations for the realisation of the tour. Any disadvantages that might develop from a non-compliance with these regulations will be for the customers account, unless they have been caused by Isara Travels culpably giving false or misinformation. Isara Travel is not liable for the refusal of visa or decisions of local authorities.

15. Duty to Inform about the identity of the Operating Airline
According to EU-VO 2111/2005 Isara Travel is obligated to inform the customer with the booking about the identity of the operating airline and all airline transportation services in connection with the booked travel.Is the operating airline not yet known, the airline that is likely to operate has to be given.The information about the operating airline in terms of EU-VO 2111/2005 is no guarantee that the indicated airline will in fact be the one operating and is no confirmation unless such assurement was made in the travel contract. Isara Travel reserves its right to change the operating airline within reason if necessary. On the website www.ec.europa.eu/transport/air-ban you can see the unsafe airlines published on the basis of EU-VO 2111/2005.

16. Data Protection
16.1 All personal data provided by the customer to Isara Travel in order to be able to handle the trip which was booked, is protected against misuse pursuant to the German Federal Statute on the Protection of Data.
16.2 Furthermore, Isara Travel will inform the customer about current offers in the future unless Isara Travel can explicitly recognize that the customer does not want this. If the customer does not want any further current information and updates, he is pleased to send Isara Travel a message with the keyword "data protection" to the address stated below of Isara Travel in paragraph 17.
16.3 In order to make a credit check, perform a creditworthiness survey and marketing intentions, Isara Travel interacts other company services and, as the case may be, with a credit investigation company. We will respect the customers concerns which are worthy of protection.
16.4 Data transmission to national and public authorities will be effected only in accordance to legal regulations. The customs authorities of the USA have mandated Isara Travel by law that all airlines place all flight- and reservation data of each passenger at their disposal. This data will be used by the US-custom authorities only for reasons of security.

17. General
Should individual terms of the travel contract be ineffective, so this does not lead to the ineffectiveness of the whole travel contract. The contractual relationship between Isara Travel and the customer is affected exclusively according to German law.

Tour Operator:
Isara Travel - Travel for Body and Soul
Rainer-Maria-Rilke-Straße 16
40699 Erkrath
Germany
Phone: 0049-(0)211-2807338
Telefax: 0049-(0)211-2807339
Email: infoisara-travel.eu

Version September 2010