1 Conclusion of the contract
(1) By entering his data and sending the reservation (clicking on the binding reservation button “Book now”) as well as receiving the online auto response (booking confirmation), the traveller offers Eurolanka via electronic media the binding reservation of the travel contract.
(2) Bookings can be done in written, oral or electronic form (E-mail, Internet). Special requirements are only valid, if confirmed by the tour operator.
The person who registers is legally responsible for the contractual obligations of all persons listed in the registration as well as for his own, as long as he has explicitly chosen to assume this obligation through a separate statement.
(3) The contract only becomes binding with the confirmation of the reservation by Eurolanka. The traveller receives, together with the additional written confirmation, a trust letter in accordance with § 651 k of the BGB (German Civil Code)
(4) Should the travel confirmation differ from the description of services and property delivered on the website, Eurolanka makes a new offer, which the traveller, through an explicit statement, can accept on paying the down or final payment of the travel price.
(5) Travel agents and service providers (e.g. hotels, transportation companies) are not authorized by Eurolanka to make arrangements, provide information or make any representations that alter the agreed content of the travel contract, beyond the contractually agreed services of Eurolanka or in contradiction to the travel advertisement stand.
(6) Local and hotel leaflets as well as Internet tenders not issued by Eurolanka are not binding on Eurolanka and its obligation to pay, unless they have been made the subject of the travel offer or the content of the Eurolanka service obligation by express agreement with the customer.
(1) Consumers within the meaning of these terms and conditions are natural persons who enter into business relations with Eurolanka without this being attributable to their commercial or self-employed occupational activity.
(2) Entrepreneurs within the meaning of these terms and conditions are natural persons, legal entities or partnerships with legal capacity who enter into business relationships with the agency in the course of their commercial or independent professional activity.
(3) Operator in terms of these terms and conditions is Eurolanka.
3 Terms of payment
(1) A down payment amounting to 20 % of the travel price (deducted from the total travel price) is payable on conclusion of the contract and after handing over of the trust letter under § 651 k BGB.
(2) The remainder of the travel price is, as far as the security certificate is handed over, or are available in the travel agency and nothing else has been agreed in individual cases, due and payable 28 days before departure, if it is certain that the trip is carried out. The balance must be received unsolicited at Eurolanka. Decisive for the punctuality of the payment is their credit in the account with the tour operator.
(3) For short-term registration – less than four weeks before the start of the journey – the entire price is immediately payable. In this case, Eurolanka reserves the right to send the travel documents via courier service. For this, a single charge of up to 15.00 Euro can be added to the total rental price agreed upon.
(4) The cost of a travel insurance is due in full together with the deposit.
5 Failure to pay the deposit and / or the balance will not effect on the validity of the travel contract. As far as Eurolanka is ready and able to provide the service, there is no entitlement to the travel service without full payment of the travel price. Excluded from this are legal or contractual rights of retention of the customer.
(6) If the travel price is not due, not paid in full or not in time despite the due date and a deadline set by Eurolanka, Eurolanka may refuse to carry out the trip and charge the customer with the cancellation costs according to section 5.
(7) In the case of missing or late payment (default of payment), Eurolanka is entitled to charge default interest of at least the statutory amount and a processing fee to assert the damage caused by default of 5 €; The assertion of further default damages remains reserved. In the event of a chargeback (i.e., if the amount withdrawn by Eurolanka from your credit institution or credit card issuer is fully or partially debited or otherwise asserted), a chargeback lump sum is paid of 8 € per booking if the customer does not prove that Eurolanka suffered no or less damage.
(8) The fees in case of cancellation as well as for processing and rebooking are due immediately.
(9) Eurolanka accepts the following payment methods only:
- bank transfer
- credit card
(1) The contractually agreed services are set out in the service descriptions in the prospectus and / or on the Internet portal of Eurolanka and the related information in the travel confirmation. The information contained in the brochure or on the website is binding for Eurolanka.
(2) Brochures or specifications that are not issued by Eurolanka are not binding, unless they were made by express agreement to the subject of the travel contract.
(3) Eurolanka expressly reserves the right, prior to signing the contract, to change the details of the brochure, such as service or the price, for which the customer is informed prior to booking, for justifiable, substantial and unpredictable reasons.
(4) Travel agents may accept requests only if they are referred to as non-binding. Eurolanka strives to meet the customer’s request for special services that are not part of the service descriptions as far as possible.
(5) If an individual travel itinerary is compiled on request of the customer, the service obligation follows exclusively from the respective concrete offer to the customer and the respective booking confirmation.
5 Withdrawal of the traveller, rebooking, substitute for the traveller
(1) At any time prior to the start of the journey the traveller can withdraw from the journey. The notice of withdrawal becomes effective the day Eurolanka receives it. It is recommended to explain the reason of the withdrawal in written form.
(2) In case the customer withdraws from the travel contract or he or a substitute does not start the journey, Eurolanka can demand a compensation for the services regarding the journey and the costs generated. In this case, Eurolanka may demand from the traveler reasonable compensation for the travel arrangements made and for its expenses.
(3) The following sentences are relevant for this:
The compensation will be calculated per person with the date of receipt of the withdrawal as follows:
- until 60 days prior to the start of the journey: 20% of the travel price, at least 35 €
- 59 – 30 days prior travel start: 35% of the travel price
- 29 – 10 days prior travel start 60% of the travel price
- 9 – 4 days prior travel start 80% of the travel price
- in case of later withdrawal or non-arrival and non-utilization of the services agreed by contract 100% of the travel price
If the customer has compiled several services in the block system, the cancellation fees have to be determined and added individually.
(4) The customer is allowed to prove to the tour operator Eurolanka that he has actually incurred no or lower costs than the claimed lump sum. In this case, the customer is only required to pay the actual costs incurred.
(5) Eurolanka might, in special case, charge a concrete higher termination fee deviating from the above mentioned flat charges. In these cases, Eurolanka is obliged to proof the arisen expenses in detail. Please note deviating information in the individual offer please. For group travel special conditions apply.
(6) A legal claim to changes in terms of travel date, destination, accommodation or type of reservation (rebooking) does not exist. If, at the request of the customer, rebookings are made after conclusion of the contract, Eurolanka shall charge, in case of a possible rebooking, a rebooking fee of EUR 30.00 per change process up to 60 days before the start of the journey. Rebooking requests that occur after the expiration of this period can, if their implementation is possible at all, only after withdrawal from the travel contract to the above conditions. §5 (3) and simultaneous registration. In case of rebooking of mediated and explicitly indicated external services, especially hotels and Ayurveda holidays, Eurolanka may charge the rebooking fees of the external service provider. In addition, a service fee of 30.00 Euro is due to Eurolanka. This is not valid for rebooking wishes that only cause insignificant expenses.
(7) If the customer can not start the journey, it is possible to provide a substitute person until the start of the journey, which substitutes in his place in the rights and obligations under the travel contract. The customer must inform the tour operator in advance of the substitute person. The tour operator reserves the right to refuse this person if it does not meet the specific requirements of the trip, if it can not be included due to organizational reasons or if its participation is precluded by statutory regulations or official orders. If a substitute person replaces the registered participant, Eurolanka is entitled to charge € 30 for the costs incurred by the substitute. The proof of non-incurred or significantly lower costs remains the customer’s responsibility. The substitute person entering the contract and the original customer shall be liable to the tour operator for the travel price and as joint and several debtors for all additional costs arising from the entry of the substitute person.
(8) To avoid misunderstandings, the traveller should communicate withdrawals, rebooking modifications for evidence reasons in written form. The charges that result from these modifications are immediately payable.
In order to avoid the described fees for withdrawal Eurolanka recommends the conclusion of a travel cancellation insurance and a foreign health insurance.
7 Withdrawal and cancellation by Eurolanka
Eurolanka may withdraw from the travel contract in the following cases prior to departure or terminate the travel contract after commencement of travel:
(1) Without observing a deadline: resignation for behavioural reasons
If the customer disturbs the execution of the trip sustainably despite a warning of the tour operator or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. The authorized representatives of Eurolanka in these cases are authorized to exercise the rights of Eurolanka. If Eurolanka caancels, he reserves the right to the travel price; however, he must be credited with the value of the saved expenses he obtains from any other use of the unused service, including the amounts credited to him by service providers. Any additional costs for the return transport shall be borne by the disturber himself.
(2) Resignation due to non-achievement of a minimum number of participants:
In the event of failure to reach an advertised or officially stipulated minimum number of participants, Eurolanka may withdraw from the travel contract if the travel advertisement for the corresponding trip indicates a minimum number of participants and indicates the date by which the traveler must have received the notice of withdrawal before the contractually agreed date of travel at the latest. If the journey becomes unreasonable after exhausting all possibilities of Eurolanka, because the booking volume for this trip is so small that in case of carrying out the trip the resulting costs would exceed the economic limit of the sacrifice, the customer receives the paid travel price immediately back. The notification must be forwarded to the customer immediately after the conditions have been met and the travel price must be refunded immediately. Cancellation must be made to the customer no later than 21 days before the agreed date of travel.
(3) Resignation due to unreasonableness:
If it is unreasonable for Eurolanka to complete the journey, as the booking volume for this trip is so small that the tour operator’s journey would be exceeded by the economic limit, Eurolanka can withdraw up to 30 days before departure. However, a right of withdrawal at this time only exists if Eurolanka is not responsible for the circumstances leading to it (e.g. no calculation errors) and it proves the circumstances leading to its withdrawal and has submitted a comparable alternative offer to the customer. If the trip is cancelled for this reason, the customer will receive back the paid travel price immediately.
9 Termination of the contract due to exceptional circumstances
If the journey is terminated as a result of a force majeure unforeseeable at the time of conclusion of the contract, e.g. war or natural disasters), endangered or impaired, both Eurolanka and the customer can terminate the travel contract. If the contract is terminated, Eurolanka may demand reasonable compensation for travel services already provided or to be completed at the end of the journey. Eurolanka is obliged to take the necessary measures, in particular, if the contract includes the return transport, to bring back the customer. Resulting additional costs for the return transport shall be borne by the customer.
10 Obligations and termination of the customer, warranty, exclusion of claims, statute of limitations
(1) In the event that the journey is not provided in accordance with the contract, the customer can demand redress. Eurolanka can refuse the remedy if it requires a disproportionate effort. The tour operator can also remedy the situation by providing equivalent compensation. Any defects are always to be reported immediately to the local tour guide or at the address / telephone number below. If the customer fails culpably to report a defect, a reduction of the travel price does not occur.
(2) If a journey is significantly impaired as a result of a defect and the tour operator does not remedy the situation within a reasonable period of time, the customer may terminate the travel contract in accordance with the statutory provisions, whereby a written declaration is recommended.
(3) Eurolanka informs about the obligation of the customer to report a defect immediately, as well as about the fact that before the cancellation of the travel contract / § 651 e BGB) a reasonable deadline for remedy is set, if the remedy is not impossible or denied by the tour operator or if immediate termination is justified by a particular interest. The customer owes the tour operator the part of the travel price for the services used.
(4) In the event of a non-contractual stipulated achievement of the trip (defect), the customer may, regardless to the reduction of the travel price (reduction) or termination demand compensation, unless the defect is due to a circumstance for which the tour operator is not responsible.
(5) Travel contractual warranty claims must be made to the tour operator at the address of Eurolanka below within one month after the contractually agreed termination of the travel. Deviating from this, baggage losses must be reported within 7 days. After expiry of this period, the customer can only assert claims if he has been prevented from observing the deadline through no fault of his own or if the claims are tortious. Claims of the customer according to §§ 651 c – 651 f BGB against Eurolanka shall lapse after 12 months. The statute of limitations begins with the day on which the journey should according the contract. If negotiations between the customer and the tour operator over the claim or the circumstances giving rise to the claim are involved, the limitation period is suspended until the customer or the tour operator refuses to continue the negotiations.
(6) Baggage damage, delay in delivery of baggage or loss of luggage in connection with flights shall be reported independently under international conventions within 7 days in the event of loss of baggage and within 21 days in the event of delayed baggage after handing over the baggage and it is recommended that the loss or damage claim be reported immediately on the spot responsible airline and then to assert the damage in writing. In addition, the loss, damage or misallocation of baggage must be reported immediately to the local tour guide or Eurolanka.
11 Duty to cooperate
The customer is obliged to cooperate in the event of service disruptions within the framework of the statutory provisions on the obligation to mitigate damages, to avoid possible damage or to keep it as low as possible. In particular, the customer is obliged to bring his complaints immediately to the local tour guide or Eurolanka. If the customer fails culpably to report a defect, the claim for reduction does not apply.
12 Liability of the tour operator and limitation of liability
(1) The contractual liability of the tour operator Eurolanka for damages that are not personal injury, is limited per trip and customer to the amount of the triple travel price,
- a) as far as a damage of the customer is caused neither deliberately nor gross negligence or
- b) as far as Eurolanka is responsible for any damage caused to a customer solely because of a fault of a service provider.
(2) For all damages claims against the tour operator, which are not based on intent or gross negligence, the liability of Eurolanka for damage to property per customer and journey is limited to the amount of the triple travel price.
(3) The aforementioned limitations of liability against the tour operator are limited or excluded, as under national agreements or statutory provisions applicable to the services to be provided by the service provider, a claim for damages against the service provider is made only under certain conditions or restrictions or excluded under certain conditions, the tour operator may refer to the customer.
(4) External services provided by other companies that are not part of a package tour, are only provided by Eurolanka. The same applies to individual travel services of other providers, if these are outside the scope of our package tours, e.g. day trips, safari tours from on-site operators, etc. For travel or travel services that have been conveyed, the terms and conditions of the respective third-party organizer are expressly valid, provided they have been effectively incorporated into the contract. Eurolanka must, with the diligence of a prudent businessman, obtain the conveyed travel services and endeavor to conclude the contract, to provide the necessary advice and information, and to do everything possible to duly execute the main contract. Eurolanka is not liable for the conveyed travel or travel service itself.
(5) Participation in sports and other holiday activities must be the responsibility of the traveller. Sports facilities, equipment and vehicles should be checked by the traveller before use. For accidents that occur during sporting events and other holiday activities, Eurolanka is only liable if it is at fault. Eurolanka recommends taking out accident insurance.
13 Terms regarding passport, visa, customs, currency and health regulations
(1) Eurolanka informs the customer about terms of passport, visa and health regulations as well as their possible changes before departure. This assumes that the traveller is a citizen of the European Union. Other circumstances cannot be taken into account in the person of the customer unless they have been expressly informed to Eurolanka. For citizens of other states, the relevant consulate will provide for the necessary information. It is assumed that there are no special features in the person of the customer and any fellow travellers (for example, dual nationality, statelessness).
(2) Especially for the trips to Sri Lanka a legal adult needs a passport which has to be valid for at least 6 months at the time of the journey. Children need a child passport with a photo and the same minimum validity period.
(3) Eurolanka shall not be liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation, even if the traveller has commissioned Eurolanka, unless Eurolanka is responsible for the delay.
(4) The traveller is responsible for complying with all regulations and regulations that are important for the travel. All disadvantages resulting from non-compliance with these regulations are at the customer’s own expense, except that the tour operator has not fulfilled his obligation to inform.
(5) About the customs and foreign exchange regulations, the traveller has to inform himself.
14 Price Modifications
(1) Eurolanka reserves the right to change the price agreed with the travel contract in the event of an increase in transport costs or charges for certain services, such as port or airport tax, or a change in the exchange rates applicable to the trip in question. If the transport costs, in particular the fuel costs, increase, the travel price may be increased in accordance with the following calculation:
- a) For a seat-based increase, Eurolanka may charge the customer for the increase. In other cases, the required increased transport costs are divided by the number of seats of the agreed means of transport. The resulting increase amount for the single seat can be requested by the customer.
- b) If duties such as port or airport TAX are increased towards Eurolanka, the travel price may be increased by the corresponding pro rata amount.
- c) In the event of a change in exchange rates, the price of the trip may be increased to the extent that the trip has become more expensive for Eurolanka.
(2) However, an increase in the travel price is only permitted if there are more than 4 months between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase did not occur before conclusion of the contract and were unforeseeable for Eurolanka at the time the contract was concluded.
(3) In case of a subsequent change of the travel price or a subsequent change of a substantial travel service Eurolanka has to inform the customer immediately. A price increase, which is demanded from the 20th day before the agreed travel date, is ineffective. In the case of price increases of more than 5% or in the event of a significant change in a substantial travel service, the customer is entitled to withdraw from the travel contract at no cost or to request participation in an at least equivalent other trip, if Eurolanka is able to undertake such travel at no extra cost for the customer from their own travel offer.
15 Data protection
(1) The traveller is aware of and agrees that the personal data required to process the contractual relationship may be stored by the tour operator on data carriers and may be passed on to affiliated companies as part of the order processing. The customer expressly agrees to the collection, processing and use of his personal data.
(2) The personal data of the traveller will be treated confidentially. For the purposes of credit checks, the tour operator reserves the right to exchange data with credit bureaus.
(3) The collection, processing and use of personal data takes place in compliance with the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).
(4) The customer has the right to revoke his consent at any time with effect for the future. The tour operator in this case is obliged to delete the personal data of the buyer immediately. In the case of current conditions of use, the cancellation takes place after termination of the contract.
16 Applicable law, partial invalidity, place of jurisdiction
(1) This contract and the entire legal relationships between the parties are subject to the laws of Sri Lanka, excluding the UN Sales Law (CISG).
(2) An ineffectiveness of individual regulations does not result in the ineffectiveness of the entire travel contract.
(3) The tour operator Eurolanka can only be sued at its headquarters in Galle, Sri Lanka. The tour operator may sue the customer at his place of residence, unless the action is directed against registered traders or persons who have moved their domicile or habitual residence abroad after conclusion of the contract, or their domicile or habitual residence at the time of filing the action is unknown is.