1. Conclusion of contract
1.1 Your booking is a binding request for a travel contract with Albino Salvatore Cipolla (which will be called "ASC" in the following). The travel contract becomes legally effective through a written booking confirmation from the agency.
1.2 The content of the travel contract results from the details both of the travel registration and the written booking confirmation from ASC. These travel conditions as well as the travel description are integral part of the travel contract, except for modifications being explicitly formulated in the travel registration and in the confirmation. Solely the contents of the booking confirmation, together with the registration, are binding for dates, departure and travel times.
1.3 Side agreements, revisions and other guarantees, of any nature whatever, become part of the contract only by being confirmed in writing by ASC.
2.1 Specifications about the performing cast of the single performances are not part of the service description. They are incumbent solely on the respective opera house, concert- or festival-organizer. ASC has no influence on changes concerning the playing schedule or the cast.
2.2 ASC is therefore not liable for the performance of these events. In case an event is cancelled, we can reimburse you only the printed ticket price, but no further services. ASC can guarantee for reserved seats only when explicitly indicated in the travel description, respectively the booking confirmation. As a matter of course, ASC is in every way keen to fulfill the wishes of its customers.
2.3 The value of a ticket can be significantly higher than the printed ticket price. This is particularly the case, if further procurement costs apply. Procurement costs may depend on the market value and can be significantly higher than the printed ticket price.
2.4 Only the descriptions and price indications of the relative time period of the travel apply for the contractual services.
3.1 After receiving the invoice/booking confirmation, the customer commits himself to provide 100% down payment within two weeks after billing date.
3.2 All customers' payments are covered by an insolvency insurance, which ASC has taken out with R+V Versicherung AG. The customer will receive a security certificate enclosed to the invoice and the booking confirmation, pursuant to
§ 651 k Par. 3 of the German civil law book (BGB).
3.3 In case the down payment or the balance should not be paid off at the scheduled dates, ASC will be freed of its service obligation. ASC is then entitled to claim the cancellation charges (see 6.1.), given that the customer had no right to refuse the payment.
4. Changes in prices / services
4.1 Changes of the service description or prices are possible. The right for these changes is reserved to ASC until the concretion of contract.
4.2 Changes of single services that become necessary after the concretion of contract, and for which ASC is not responsible, are admissible only if they are unsubstantial and do not further interfere with the itinerary. ASC is obligated to immediately inform the customer about any modification concerning the services.
4.3 Both contract parties are allowed to cancel the contract, if the travel is being significantly hindered, endangered or impaired by unpredictable force majeure, pursuant to § 651 j of the German civil law book (BGB).
5. Unclaimed services
In case the customer leaves services unclaimed for compelling reasons, he can assert no claim for a pro rata refunding of the travel price. ASC will yet exert itself on the service providers, to make a pro rata refunding possible.
6. Withdrawal of the customer
6.1 The customer is free to withdraw from the travel at any given time before departure. The withdrawal has to be declared in written form. ASC is authorized to demand an adequate compensation for claimed charges. The calculation of the compensation usually has to consider unused charges and possible repurposement of our services. The customer has the right to prove that no or less damage than claimed has occurred to the agency. ASC can lump-sum this claim, referring to the following list:
Up to the 60th day before departure: 10 %
59th to 30th day before departure: 50 %
29th to 14th day before departure: 70 %
13th to 07th day before departure: 80 %
06th to 03rd day before departure: 90 %
From 2nd day before departure: 100 % of the travel price.
6.2 If the customer does not claim single services, ASC will exert itself on the service providers, to obtain a refunding. There is no legal claim to the refunding.
6.3 Rebookings are generally acceptable, against a rebooking fee of € 25. ASC is entitled to refuse a rebooking without indication of reasons.
6.4 The customer may demand for a third person to assume the rights and duties of the travel contract, before departure. ASC is entitled to refuse the entering of the third person, if he does not fulfill the requirements of the travel or his participation may cause conflict with statutory provisions or official directives. In case a third person enters the contract, both he and the original invoice recipient are liable as joint debtors to ASC. The liable share includes the travel price and the additional costs incurred through the third person's joining the contract. These costs amount to € 25 for every substituted person.
6.5 ASC recommends the conclusion of a travel cancellation insurance, for the case of unexpected illness.
7. Withdrawal by ASC
ASC can only withdraw from an offered travel, when a minimum attendance is mentioned in the travel description. If the minimum attendance is not attained, ASC is entitled to withdraw from a travel up to 2 weeks before departure. In this case, ASC will immediately inform the customer. The customer will obtain a refund and be offered a new travel date or another destination.
8. ASC's contractual obligation
ASC is obligated to prepare the travel conscientiously, to choose the service providers carefully as well as to survey them to adhere to the service description and to duly provide the services agreed upon.
9. ASC's warranty
If a travel or a service has been deficiently provided, the costumer may claim for remedy. The remedy will be provided for, as long as the remedy costs are not disproportionate respective to the complained deficiencies. In the latter case, ASC is entitled to refuse the remedy claim. If the deficiency is a circumstance for which ASC is accountable, the customer is entitled to claim damages for non-performance, regardless of price reduction or cancellation.
10. ASC's commitment
The contractual commitment amount for damages, physical injury excepted, is limited to the threefold amount of the travel price, as far as
- damage to the customer has been effected neither deliberately, nor due to gross negligence, or
- the tour operator is solely responsible for a service provider's negligence towards the customer.
For all claims regarding deliberate or negligent damage for property, asserted against ASC, the latter is liable up to € 4.100. If the threefold travel price exceeds this sum, the liability is limited to the amount of the threefold travel price. This highest-liability-rate apply per person and per travel.
11. Customer's obligation of cooperation
11.1 Before departure, the customer shall ensure to be contactable via phone or
e-mail, to make sure he can be informed about possible changes.
11.2 If the customer has not received his travel receipts in time before departure, he must immediately inform ASC. Given that the payment has been effected, ASC will send the documents or have them ready for the customer to pick them up. If the customer culpably does not fulfill this obligation, ASC is not responsible for the omitted provision of the documents. In this case, ASC may claim a possible damage against the customer.
11.3 If the services are not being rendered as in contract, the customer is obligated to inform ASC about the defect without delay. If the customer culpably does not fulfill his obligation to inform, he's no more entitled to claim any damage.
11.4 The customer has to assert deficiently provided services to ASC within 1 month after departure. Local tour managements or local agencies are not authorized to accept assertions, neither to forward any. The reception date at ASC's is decisive to comply with the deadline.
11.5 All claims prescribe 1 year after the travel ended according to contract.
12. Passport-, visa- and health regulations
The customer is fully responsible to meet the passport-, visa- and health regulations. All disadvantages, especially the payment of cancellation fees, resulting from non-compliance to these regulations, go to the customer's expense. This applies also in the case, that these regulations have changed after booking.
13. Protection of data privacy
Personal data will be passed to the service providers for the sole purpose of carrying out the travel. The data will be used for no further purpose.
The customer may sue ASC only at the latter's registered office. It is Mainz, Germany. For ASC's suing against the customer, the latter's domicile is decisive - except for general merchants or persons that have no place of national jurisdiction. In these exceptional cases, ASC's registered office is authoritative.
15. Tour operator
Albino Salvatore Cipolla MA
Phone +49 (0) 6131 / 4986192
Amtsgericht Mainz, HRA 42160