Terms and conditions
1. CONCLUSION OF THE TOURIST TRAVEL CONTRACT
With the booking of a holiday the customer offers MTI the conclusion of a contract in a binding manner. Booking can be made in writing, orally, by telephone or online. The contract comes to existance with the acceptance of MTI. Upon conclusion of the contractor without delay thereafter MTI will hand over a confirmation of the holiday to the customer. If the subject matter of the confirmation deviates from the subject matter of the booking, then a new offer by MTI is in existance to which it is bound for 10 days.
2. PAYMENT
Payments prior to the termination of the tour can only be demanded or taken by MTI if she/he has handed over the trust letter to the traveler. Upon conclusion of the contract a down payment can be demanded. Further payments are upon the agreed date.
3. SERVICES
The services, which have been contractually stipulated, are indicated in the descriptions of services in the brochure and in the details in the confirmation of the holiday, which refer to the said descriptions. The details contained in the brochure are binding for MTI. MTI, however expressly reserves the right to declare an amendment to the details in the brochure before conclusion of the contract. The traveler will be informed accordingly before booking the holiday.
4. AMENDMENTS TO SERVICES AND PRICES
Amendments or deviations of individual travel services are only permissible provided the amendments or deviations are not considerable. Possible warranty claims remain unaffected if the amended services are faulty. MTI is obligated to inform the customer without delay of service amendments or deviations. If applicable, MTI will offer the customer the possibility to alter his booking free of charge or to withdraw from the contract free of charge. In the case of amendment to the price of the holiday or of an amendment to an essential travel service, MTI must inform the traveler accordingly without delay, at the latest, 21 days to the commencement of the holiday. Prior increases after this peripod are not permissable. In the case of price increases of more than 5% or in the case of a considerable amendment to an essential travel service, the traveler is entitled to withdraw from the contract free of charge or demand to take free holiday of the same value, if MTI is in a position to offer such a holiday from its range of holidays at no extra cost to the traveler. The traveler must assert these rights without delay against MTI after the latters declaration of the price increase.
5. WITHDRAWAL BY THE CUSTOMER, BOOKING, ALTERATIONS, SUBSTITUDE PERSONS
5.1 The traveler can withdraw from the holiday at any time before the commencement of the holiday. The customer is recommended to declare his withdrawal in writing. If the customer withdraws from the contract or if he does not go on the holiday, then MTI can demand compensation for the holiday preperations.
MTI can determine a flat rate sum as a percentage of the holiday price for this compensation claim.
Air package holidays with charter airlines:
From the 45th to the 30th 25%
From the 29th to the 22nd 35%
From the 21st to the 15th 65%
From the 14th to the 7th 85%
From the 6th day before the commencement of the holiday
ABX, APEX etc.:
In the case of flights, Apex flights, BULK or similar flights on the basis of government approved special tariffs which are subject to constant alterations, the respective applicable tariff deadlines are to be stipulated according to the principles stipulated in these terms and conditions to travel. There will be a $100 penalty fee applied or each way an airline ticket is rebooked. There is a $100 cancellation fee applied for each way a ticket is cancelled. Cancellations must be made no later than 24 hours prior to flight. If flight is not cancelled, the ticket is non-refundable.
Air package holidays with scheduled airlines:
1. Individual IT
Up to the 30th day before the commencement of the holiday USD 100 for each traveler.
From the 29th to the 15th before commencement of the holiday
- 15 % of the holiday price, at least USD 100 for each traveler
From the 14th to the 8th day before commencement of the holiday 35 % of the holiday price, at least USD 100 for each traveler
From the 7th to the 4th day before commencement of the holiday 45 % of the holiday price, at least USD 100 for each traveler
From the 3rd day the full amount of the holiday price
2. Group holiday
Up to the 44th day before the commencement of the holiday
From the 44th to the 22nd 15%
From the 21st to the 15th 35%
From the 14th to the 7th 45%
From the 6th 85% from the holiday fares
Ship
Up to the 50th day before the commencement of the holiday
From the 34th to the 22nd 15%
From the 21st to the 15th 35%
Fcrom the 14th 85%
Car Rentals
Cancellation penalties of $50 apply to car rental cancellation after booking is made. Up to the 45th day beore the commencement of the holiday
Other types of holidays
Other types of holidays not indicated are treated with regard to withdrawal consequences in accordance with the principles developed in these terms and conditions of travel.
5.2 If at the customers request changes are made with regard to the date of the holiday, the destination, place of commencement, accomodation or form of transportation after the holiday has been booked for a date which lies in the applicable time period of the advertised holiday, then MTI can charge a booking alteration fee per traveler, provided the set periods indicated hereafter are observed.
Holidays with scheduled airlines
For individual IT you can change your flight for $100 per one way seat
For group holidays you can change your flight for $100 per one way seat no later than 24 hours prior to departure
Ship Travel
Up to the 50th day 50%
Holiday flats
Up to the 45th day 50%
6. WITHDRAWAL AND TERMINATION BY MTI
MTI can withdraw from the contract before commencement of the holiday or terminate the contract after the commencement of the holiday in the following cases:
Without observing a set period
If the traveler persistently impedes the implementation of the holiday, or if he behaves contrary to the terms of the contract to such a degree that the termination of the holiday are justified. If MTI terminates the holiday, then it retains the claim to the price of the holiday.
Up to 2 weeks before commencement of the holiday
If a stipulated minimum number of participants is not achieved, MTI is obligated to inform the traveler accordingly without delay after the occurance of the precondition for not carrying out the holiday and to send him the withdrawal declaration without delay. The customer receives back the paid price of the holiday without delay. MTI must inform the customer if it is already apparent at an earlier period in time that it will not be possible to achieve the required minimum number of participants.
Up to 6 weeks before commencement of the holiday
If MTI cannot reasonably be expected to carry out the holiday because the number of bookings for this holiday is so few right of withdrawal on the part of MTI is allowed if it has offered the traveler a comparable substitude holiday. If the holiday is cancelled for this reason, then the customer receives back the paid price of the holiday without delay. In addition, he is reimbursed his booking expenditure at a flat rate sum, provided he cannot make use of a substitude holiday from MTI.
7. RESCISSION OF THE CONTRACT DUE TO EXCEPTIONAL CIRCUMSTANCES
If the holiday is made considerably more difficult, endangered or impeded on account of force majure not foreseeable at the time of the conclusion of the contract, then both MTI and the traveler can terminate the contract. If the contract is terminated, then MTI can demand reimbursement for services, which have already been rendered, or which are still to be rendered to complete the holiday.
8. LIABILITY OF MTI
8.1 MTI is liable within the scope of the duty or care of a prudent businessman for:
The conscientious preparation of the holiday; the careful selection and supervision
of the renderer of the services; the correctness of the description of all travel services indicated in the catalogs, unless MTI has declared an amendment to brochure details before conclusion of the contract in accordance with paragraph 3; the due rendering of the agreed travel services.
8.2 MTI is liable for negligence by the person entrusted with the services.
Damages
Notwithstanding a reduction in price or termination of the contract, the traveler can demand damages due to non-circumstances for which MTI is not responsible.
9. COOPERATION DUTY
The traveler is obliged to inform the local travel organization of his complaints without delay. The local travel organization is charged with ensuring that remedial action is taken in so far as this is possible. If the traveler culpably fails to give notice of a fault, then a claim to a price reduction is not applicable.
10. EXCLUSION OF CLAIMS AND LIMITATION OF TIME
Claims on account of the holiday being rendered contrary to the contract must be asserted by the traveler to MTI within one month after the contractually stipulated end of the holiday. After expiry of this set period the traveler can assert claims if he has been prevented from observing the set period for reasons for which is he not responsible. Contractual claims of the traveler are subject to a six-month limitation period. The limitation period begins on the day on which the holiday should end in accordance to the contract. If the traveler has asserted such claims, then the limitation period is suspended until the day on which MTI rejects the claims in writing. Claims arising from tort are subject to a three-year limitation period.
11. PASSPORT, VISA, AND HEALTH REGULATIONS
MTI is responsible for informing nationals of the country in which the holiday is offered about provisions relating to Passport, Visa, and Health Regulations as well as about possible amendments to these regulations before the commencement of the holiday. MTI is not liable for the issuing and sending of necessary Visas in good time by the respective diplomatic representation if the traveler has commissioned the tour operator with obtaining the Visas, unless MTI is to blame for the delay.
12. PLACE OF JURISDICTION
The traveler can only bring an action against MTI at its domicile. For law suits by MTI against the traveler the traveler domicile is the competent place of jurisdiction, unless the law suit is addressed at fully qualified merchants or persons who have transferred their domicile or customary place of residence abroad after conclusion of the contract, or whose domicile or customary place of residence is not known at the time of the bringing the law suit. In these cases MTIs domicile is the relevant place of jurisdiction.
Thank you for your business and MTI wishes you a safe and happy journey. We hope to see you again soon.