Terms and Conditions of Travel

Dear customer
You as a vacationer and we as a tour operator sunda-islands.com OHG (hereafter "sunda-islands.com"), sign a travel contract based on our travel conditions. They apply to all bookings from 01.07.2018 (entry into force of the new package travel guide). They supplement the statutory provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the Civil Code). We ask you to read this carefully. These terms and conditions also apply to all other offers from sunda-islands.com OHG (including Malaysia Discovery and Timor-Leste Explorer).
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1. Conclusion of the travel contract

1.1 With the booking (travel registration) the customer offers the tour operator the conclusion of the travel contract binding. This offer is based on the services and prices stated in the travel advertisement.
1.2 Travel agents (eg travel agencies) and service providers (eg hotels, transport companies) are not authorized by the tour operator to make agreements, provide information or make assurances that alter the agreed content of the travel contract, beyond the contractually agreed services of the tour operator or in Contradict the travel advertisement.
1.3 Site and hotel brochures that are not issued by the tour operator are not binding on the tour operator and its obligation to perform, unless they have been made by express agreement with the traveler to the subject of the travel contract or the content of the tour operator's obligation.
1.4 The booking can be made orally, in writing, by telephone, by fax or electronically (e-mail, Internet). For electronic bookings, the tour operator confirms the receipt of the booking immediately by electronic means. sunda-islands.com may require the specification of a booking declaration in writing (booking form).
1.5 The customer is responsible for all contractual obligations of fellow travelers for whom he makes the booking, as for his own, as far as he has taken on a corresponding obligation by explicit declaration.
1.6 The contract is concluded upon receipt of the declaration of acceptance by the tour operator. It requires no specific form. Upon or immediately after conclusion of the contract, the tour operator will provide the customer with a written travel confirmation.
1.7 If the content of the tour operator's declaration of acceptance deviates from the content of the booking, a new offer from the tour operator is available to which he is bound for a period of ten days. The contract is concluded on the basis of this new offer, if the customer within the binding period, the tour operator acceptance by express statement, deposit or final payment.
1.8 sunda-islands.com points out that according to the legal regulations (§§ 312 Abs. 7, 312g Abs. 2 Satz 1 Nr. 9 BGB) for package travel contracts according to § 651a and § 651c BGB, the distance selling (eg Email , Telephone, social media, online services etc.), there is no right of revocation, but only the statutory rights of withdrawal and termination, in particular the right of withdrawal according to § 651h BGB (see also section 4). However, a right of revocation exists if the contract for travel services pursuant to § 651a BGB has been concluded outside of business premises, unless the oral proceedings on which the conclusion of the contract is based have been conducted on prior order of the consumer; in the latter case, a right of withdrawal is also not.

2. Payment

2.1 After the conclusion of the contract, a down payment of 20% of the travel price is due for payment upon delivery of the security certificate. The balance is due 30 days prior to departure. If necessary, deviating agreements may be made in individual cases.
2.2 If the journey does not take longer than 24 hours, it does not include overnight accommodation and if the travel price per customer does not exceed € 75.00, payments on the travel price may be demanded even without a security certificate.
2.3 If the customer fails to pay the down payment and / or the remaining payment in accordance with the agreed terms of payment, the tour operator shall be entitled to withdraw from the travel contract following a reminder with a deadline and to charge the customer with cancellation costs pursuant to section 4.2 sentence 2 to 4.5.

3. Changes to contract contents prior to departure

3.1 Non-price changes of contract contents
3.1.1 Deviations of essential features of travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and were not brought about by sunda-islands.com against good faith, are permitted to sunda-islands.com before departure, insofar as the deviations are insignificant and not affect the overall layout of the trip.
3.1.2 sunda-islands.com is obligated to inform the customer about service changes immediately after knowing the reasons for the change on a durable medium (eg also by email, sms or voice message) in a clear, comprehensible and highlighted way.
3.1.3 In the event of a material change in a significant feature of a travel service or deviation from the Customer's specific requirements that have become part of the package travel contract, Customer shall be entitled, within a reasonable period set by sunda-islands.com, to notify the change either accept the amendment or withdraw from the package holiday contract free of charge. If the customer does not explicitly declare the cancellation of the package travel contract within the deadline set by sunda-islands.com, the change shall be deemed accepted.
3.1.4 Any warranty claims remain unaffected, as far as the changed services are flawed. If sunda-islands.com had lower costs for the implementation of the modified journey or any replacement tour of equivalent quality for the same price, the customer must be reimbursed for the difference according to § 651m para. 2 BGB.
3.2 Changes relating to the price of the journey (price increase, price reduction)
3.2.1 sunda-islands.com reserves the right, in accordance with § 651f, 651g BGB and the following regulations, to increase the travel price agreed in the package travel contract, insofar as
(a) an increase in the price of transporting persons due to higher fuel or other energy costs,
(b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or
(c) a change in the exchange rates applicable to the package concerned
directly affects the travel price.
3.2.2 An increase of the travel price is only permitted if sunda-islands.com informs the traveler in text form clearly and comprehensibly about the price increase and its reasons and informs in this case the calculation of the price increase.
3.2.3 The price increase is calculated as follows:
a) If the price for the transport of persons is increased according to section 4.1.a), sunda-islands.com may increase the travel price in accordance with the following calculation:
- In the event of a seat-based increase, sunda-islands.com may ask the customer to increase the amount.
- Otherwise, the additional transport costs required by the transport company per means of transport will be divided by the number of seats of the agreed means of transport. Sunda-islands.com can demand the resulting increase for the single seat from the customer.
b) In the event of an increase in taxes and other duties acc. Section 4.1.b), the travel price may be increased by the corresponding pro rata amount.
c) When increasing the exchange rates acc. Paragraph 4.1.c), the price of the trip can be increased to the extent that the trip has become more expensive for sunda-islands.com.
3.2.4 sunda-islands.com is obligated to grant the customer / traveler a reduction of the travel price at his request, if and to the extent that the prices, duties or exchange rates mentioned in 4.1 a) -c) have changed after conclusion of the contract and before departure and this leads to lower costs for sunda-islands.com. If the customer / traveler has paid more than the amount due thereafter, the sunda-islands.com surplus must be reimbursed. sunda-islands.com may, however, deduct from the excess amount to be reimbursed the sunda-islands.com actual administrative expenses incurred. sunda-islands.com has to prove to the customer / traveler at his request how much administrative expenses have been incurred.
3.2.5 Price increases are only permitted until the 20th day before the start of the journey.
3.2.6 In the event of price increases of more than 8%, the customer is entitled to accept the change within a reasonable period set by sunda-islands.com at the same time as notification of the price increase or to withdraw from the package travel contract free of charge. If the customer does not explicitly declare the cancellation of the package travel contract within the deadline set by sunda-islands.com, the change shall be deemed accepted.

4. Resignation by the customer

4.1 The customer can withdraw from the trip at any time prior to departure. The resignation is to be explained to the tour operator at the following address: sunda-islands.com oHG, Reichsstraße 12, 53125 Bonn. If the trip was booked through a travel agency, the withdrawal can also be explained to this. The customer is advised to explain the withdrawal in writing.
4.2 If the customer steps back before the start of the journey or does not start the journey, sunda-islands.com loses its claim to the travel price. Instead, sunda-islands.com may claim reasonable compensation if the resignation is not his fault or if there are unavoidable, extraordinary circumstances at or near the place of destination which materially affect the performance of the package or the transport of persons to the place of destination ; Circumstances are unavoidable and extraordinary if they are not under the control of sunda-islands.com, and their consequences would not have been avoided even if all reasonable precautions had been taken.
4.3 The tour operator has staggered this compensation claim, ie taking into account the proximity of the date of withdrawal at the contractually agreed travel start in a percentage relation to the travel price and taking into account the expenses usually saved in the calculation of the compensation and usually possible other uses of the travel services. The compensation will be calculated as follows after the date of receipt of the customer's declaration of withdrawal:
until the 60th day before departure: 20% of the travel price;
from the 59th day before departure: 50% of the travel price;
from the 35th day before departure: 80% of the travel price;
from the 3rd day before departure until the day of arrival or when the trip does not start: 90% of the travel price.
For mediated services (eg air tickets, tickets, eg for musicals, theatrical performances or sporting events, the cancellation conditions of the respective service provider, which are communicated to the customer at the time of booking, apply.) Arranged domestic flights in the destination area are usually non-refundable.
4.4 In any case, the customer is at liberty to prove to the tour operator that no or substantially less damage has been caused to the tour operator than the lump sum demanded of him.
4.5 The tour operator reserves the right, in deviation from the above flat rates, to demand a higher, concrete compensation. In this case, the tour operator is obliged to quantify and substantiate the required compensation, taking into account the saved expenses and any other use of the travel services.
4.6 It is strongly recommended to take out travel cancellation insurance as well as insurance to cover the costs of repatriation in case of accident or illness.

5. Transfers / replacement travelers

5.1 A claim of the customer after the conclusion of the contract for changes with regard to the travel date, the travel destination, the travel route, the place of travel, the accommodation or the mode of transport does not exist. However, sunda-islands.com will try to implement such requests. The resulting additional costs plus a rebooking fee in the amount of EUR 50 per person and transfer procedure bears the traveler.
5.2. Until the start of the journey, the traveler may demand that instead of a third party, the rights and obligations arising from the travel contract occur. sunda-islands.com may object to the entry of a third party if it does not meet the special travel requirements or if its participation is precluded by statutory regulations or official orders. If a third party enters into the contract, he and the registered participant are jointly and severally liable for the travel price and the additional costs incurred by the entry of the third party plus a handling fee of EUR 50.

6. Unused services

6.1 If the customer does not use individual travel services that were duly offered to him for reasons attributable to him, he has no claim to a pro rata refund of the travel price. The tour operator will endeavor to reimburse the expenses saved by the service providers. This obligation does not apply if the services are completely insignificant or if a refund conflicts with legal or regulatory requirements.

7. Resignation and termination by the tour operator

7.1 Termination for behavioral reasons
7.1.1 The tour operator may terminate the travel contract without notice, if the customer disturbs the execution of the trip despite a warning from the tour operator or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If the tour operator terminates, he reserves the right to the travel price. However, he must be credited with the value of the expenses saved as well as those benefits which he obtains from any other use of the services not used, including the amounts paid to him by the service providers.
7.2 Termination for failure to reach the minimum number of participants
7.2.1 The tour operator can withdraw from the trip up to the 31st day before the start of the journey if a minimum number of participants specified in the respective service description and in the travel confirmation is not achieved. The tour operator is obliged to notify the customer immediately after the prerequisite for the non-execution of the journey and to inform the customer of the resignation immediately. The customer receives the paid-in travel price immediately.

8. Obligation of the customer to cooperate / Termination by the traveler / Luggage damage

8.1 Travel documents
The customer must inform sunda-islands.com or its travel agent about whom he has booked the package holiday if he does not receive the necessary travel documents (eg flight ticket, hotel voucher, voucher) within the deadline communicated by sunda-islands.com.
8.2 Notification of defects / request for remedy
a) If the trip is not provided free of travel deficiencies, the traveler may request redress.
b) As far as sunda-islands.com could not remedy the situation as a result of a culpable omission of the notice of defects, the traveler can not assert any reduction claims according to § 651m BGB or claims for damages according to § 651n BGB.
c) The traveler is obliged to inform the sunda-islands.com representative immediately on site of his notification of the defect. If a representative of sunda-islands.com does not exist on site and is not contractually owed, any travel deficiencies to sunda-islands.com must be reported to sunda-islands.com at the contact point provided; The accessibility of the representative of sunda-islands.com or its contact point on the spot will be informed in the travel confirmation. However, the traveler can also bring the notice of defect to his travel agent, through whom he has booked the package holiday.
d) The representative of sunda-islands.com is instructed to remedy, if possible. However, he is not authorized to recognize claims.
8.3 Deadline before termination
If the customer / traveler wants to terminate the package travel contract due to a lack of travel of the kind specified in § 651i Abs. (2) BGB, if it is substantial, according to § 651l BGB, he has to set sunda-islands.com before a reasonable deadline for remedy. This only applies if sunda-islands.com's remedies are denied or if immediate remedial action is necessary.
8.4 Baggage damage and delayed luggage on air travel; special rules & deadlines for remedy request
a) The traveler is advised that the loss, damage and delay of baggage in connection with air travel under the terms of the aviation regulations are to be reported by the passenger to the competent airline without delay on the spot by means of a damage report (PIR). Airlines and sunda-islands.com may refuse reimbursement under international conventions if the claim has not been completed. The damage report must be refunded within 7 days in case of damage to the baggage, in case of delay within 21 days after delivery.
b) In addition, the loss, damage or misallocation of baggage must be reported immediately to sunda-islands.com, its agent or contact point or the travel agent. This shall not release the traveler from reimbursing the claim to the airline pursuant to point (a) within the time limits set out above.

9. Passport, visa and health regulations

9.1 The tour operator shall inform nationals of a state of the European Communities in which the travel is offered about provisions of passport, visa and health regulations prior to the conclusion of the contract as well as any changes thereto prior to departure. The responsible consulate provides information for nationals of other states.
9.2 The customer is responsible for obtaining and carrying the necessary travel documents, including the medical examina- tion certificate required for participation in diving courses / dive programs, any vaccinations that may be required and compliance with customs and foreign exchange regulations. Disadvantages incurred by the customer due to non-compliance with the vaccination, customs and foreign exchange regulations or the absence of required travel documents, eg the payment of cancellation fees, are at the expense of the customer. This does not apply if the tour operator culpably did not inform, inadequately or misinformed.
9.3 The tour operator is not liable for the timely issue and access of necessary visas by the respective diplomatic representation if the customer has entrusted him with the procurement, unless the tour operator has violated his own obligations culpably.

10. Limitation of liability

10.1 The contractual liability of sunda-islands.com for damages that are not the result of injury to life, limb or health and were not culpably caused, is limited to the triple travel price. Any further claims under the Montreal Convention or the Aviation Act remain unaffected by this limitation of liability.
10.2 sunda-islands.com is not liable for performance disturbances, personal injury and material damages in connection with achievements, which are mediated as foreign achievements only (eg mediated excursions, sport events, theater visits, exhibitions), if these achievements in the travel advertisement and the travel confirmation expressly and under Identification of the identity and address of the brokered contractor as third-party services were so clearly identified that they are not recognizable for the traveler part of the package tour of sunda-islands.com and were selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected.
10.3 sunda-islands.com is liable, however, if and to the extent that damage to the information, information or organizational duties of sunda-islands.com has become the cause of damage to the traveler.

11. Exclusion of claims, statute of limitations and assignment

11.1 Unless they are claims due to injury to life, limb or health or due to intentional or grossly negligent breaches of contract by the tour operator, these claims expire after 2 years. The statute of limitations begins with the day on which the journey should end the contract.

12. Information requirements on the identity of the operating air carrier

12.1 The EU Regulation informing passengers of the identity of the operating air carrier obliges the tour operator to inform the customer of the identity of the operating airline of all air traffic services to be provided during the booked journey at the time of booking.
12.2 If at the time of booking, the operating airline is not yet determined, the tour operator is obliged to name the airline or airlines that are likely to conduct the flight. Once the tour operator knows which airline will perform the flight, it must inform the customer.
12.3 If the airline referred to the client as the operating airline changes, the tour operator must inform the customer about the change. He must take all reasonable steps to ensure that the customer is informed of the change as soon as possible.
12.4 The Black List is available on the following website: http://ec.europa.eu/transport/air-ban/list_en.htm.

13. Travel insurance

The tour operator recommends the conclusion of a comprehensive travel insurance package, in particular including a (also separately bookable) travel cancellation insurance and insurance to cover the return costs in case of accident or illness. Corresponding offers the tour operator under the menu item insurance ready.

14. Alternative dispute resolution, choice of law and place of jurisdiction, prohibition of assignment

14.1 sunda-islands.com points out, with regard to the Law on Consumer Dispute Settlement, that sunda-islands.com does not participate in a voluntary consumer dispute settlement. If a consumer dispute settlement would become mandatory for sunda-islands.com following the publication of these Terms and Conditions, sunda-islands.com will inform consumers accordingly in an appropriate manner. sunda-islands.com refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic commerce.
14.2 For customers / travelers who are not members of a Member State of the European Union or Swiss citizens, the exclusive validity of German law is agreed for the entire legal and contractual relationship between the customer / traveler and sunda-islands.com. Such customers / travelers can sunda-islands.com sue exclusively at the headquarters of sunda-islands.com.
14.3 For complaints by sunda-islands.com against customers or contractual partners of the package travel contract who are merchants, legal entities of public or private law or persons who are domiciled or ordinarily resident abroad or whose domicile or habitual residence is at the time If the claim is unknown, the place of jurisdiction of sunda-islands.com shall be the place of jurisdiction.
14.4 An assignment of claims of the travel contract partner against sunda-islands.com from the travel contract and in connection therewith, also from tort, to third parties (also to spouses and relatives) is excluded. Similarly, the judicial assertion of the aforementioned claims of the tour operator by third parties in its own name is inadmissible.

These Terms and Conditions of Travel are valid for:

sunda-islands.com OHG
Reichsstraße 12
D-53125 Bonn
Trade Register: Amtsgericht Bonn, HRA 5757
Managing Directors: Oliver C. Thornton, Rima Suharkat
VAT-ID: DE228645399

Date/Version: 01.01.2018