The holidays featured on this website are operated by LebensWert Thailand GmbH, Herlingsburg 27, 22529 Hamburg, which is registered in Germany by Amtsgericht Hamburg under company number HRB 119509. The following conditions, together with the relevant information set out on this website, will form part of your contract with the Company. Please read them carefully before you book.
1. Your tour contract
The contract is between the Company and you (“LebensWert Thailand GmbH” and “you” in these conditions), being any person travelling or intending to travel on a tour operated by us including any person who is added or substituted after booking. We both agree that German law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of Germany only. No employee of the Company other than a director has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.
1.1 With the reservation (travel registration) the guest of LebensWert Thailand GmbH concludes a binding travel contract with LebensWert Thailand GmbH.
1.2 Holidays and tours can be booked in writing, by fax or electronically (email or internet). If holidays are booked electronically, the guest receives electronic confirmation of receipt of the booking without delay. This confirmation of receipt of the reservation does not constitute a confirmation or acceptance of the reservation itself.
The person making the booking books a service for all participants listed in the booking and is responsible for his and their contractual commitments if he has taken on a corresponding seperate commitment in an explicit seperate agreement.
1.3 Travel agents (e.g. travel agencies) are not authorised by the tour organiser to make agreements, provide information or make representations that modify the agreed contents of the tour contract, go beyond the tour organiser's contractually agreed.
Printed material and internet content pertaining to places or hotels which has not been published by LebensWert Thgailand GmbH is not binding upon LebensWert Thgailand GmbH and their obligation to perform unless an explicit agreement with the client makes them a component part of the tour description and AugustusTours' obligation to perform.
1.4 The customer has to take responsibility for all contractual obligations of any fellow passengers he books for, as well as for himself, provided that he has accepted this re-sponsibility through an explicit and separate declaration.
1.5 Upon receipt of your travel booking a confirmation of the tour and tour price on the part of LebensWert Thailand GmbH is required, which results in a binding travel contract/agreement. Acceptance by LebensWert Thailöand GmbH must be stated in writing, e.g., via letter, fax or e-mail.
On or immediately after the conclusion of a contract the tour operator will issue a travel confirmation to the customer. He is obligated to do so if the booking has been effected by the customer fewer than 7 workdays before the beginning of the tour.
1.6 If the written confirmation by LebensWert Thailand GmbH differs in content from the Passenger's booking, this shall constitute a new offer by LebensWert Thailand GmbH by which the latter is bound for ten days from receipt of the confirmation and which the Passenger may accept within this period by giving his express or implied consent.
2.1 Payment instalments for the cost for travel before the completion of the trip may only be made on handover of a guarantee certificate in terms of § 651 para. 3 BGB. After receipt of the travel contract within a week, a deposit of 30% of the total price paid. The final payment for the trip is to be paid no later than 40 days before the package tour's start date, unless otherwise stated. Opposing or supplementary terms and conditions of our contractual partners may cause deviations from this standard payment conditions.
2.2 If the customer does not make the down payment and/or the final payment when due, the tour organizer is entitled to repudiate from the travel contract after a legal demand with fixing of a time-limit and charge any cancellation costs in accordance with no. item 6.2 sentences 2 to 5 to the customer's account.
2.3. When booking flights Lebenswert Thailand GmbH acts as travel agent only. The transport agreement is concluded between the air carrier and the passenger through LebensWert Thailand GmbH. The respective Terms & conditions of the airline are applicable for the booking of flights. The full price fort he flights are to be paid immediately after confirmation of your booking.
3. Contractual Services
The scope of contractual performances arises from the travel itinerary and from the travel confirmation. The details in the tender are binding for the tour operator. However, the Organizer expressly reserves the right to declare changes to the details stated in the tender resulting from materially justified, significant, or unforeseeable reasons prior to concluding the Contract.
4. Change in service
4.1 Change in services
Changes and deviations of individual travel services from the agreed contents of the travel contract, that become necessary after conclusion of the contract and that are not brought about by the tour operator againt good faith, are only permitted If the changes or deviations are not extensive and do not affect the total design of the journey.
4.2. Any warranty claims the Passenger may have shall remain unaffected in the event that the modified services are unsatisfactory.
4.3. It is the tour operator's duty to inform the travelling person about an acceptable alteration of an essential travel service immediately after being informed about the reason for alteration.
4.4 In the case of an extensive alteration of an essential service, it is the travelling person's right to withdraw from the contract or to require the participation in another journey that is at least equal in services offered, if the tour operator is able of offering such a journey without any additional charges to the travelling person.
5. Price increase
LebensWert Thailand GmbH reserves the right to adjust the travel price agreed in the travel agreement in case of an increase of the transportation costs or the duties imposed on certain services, like port or airport fees or a change of the exchange rates that are applicable to the concerned tour according to the following regulation, provided that a period of more than 4 months lies between the contract conclusion and the travel start date and the events that caused the change have neither occurred nor were foreseeable for LebensWert Thailand GmbH at the time of the contract conclusion.
If transport costs, in particular, fuel costs, rise above the costs at the time of concluding the contract, the Tour Operator can increase the price of the trip according to the following formula:
a) in the case of cost increases charged to the Tour Operator on a seat basis, the Tour Operator can charge the traveller the relevant increase,
b) In other cases the additional transport costs charged by the transport provider per means of transport are divided by the number of seats for the contractual means of transport.
If charges or levies, such as port or airport taxes, that the tour operator has to pay are increased above the costs at the time of concluding the travel contract, the price of the holiday can be increased by the corresponding prorata amount.
In case of variation of exchange rates after conclusion of the travel agreement the travel fee can be increased in proportion to the resulting increase of costs of the respective travel for LebensWert Thailand GmbH.
In the case of a retrospective change of the price of the holiday, the Tour Operator shall inform the traveller immediately. Price increases from the 20th day before departure are invalid.
In case of price increases after contract conclusion by more than 10 % of the total tour price the customer can cancel free of charge or instead demand participation in a different tour of at least equal value if the tour operator is able to offer such a tour to the customer without surcharge. The customer hast o inform the tour operator immediatly in case of a cancellation.
It is important that you are fully aware of the cancellation and administrative charges relating to your contract with LebensWert Thailand GmbH.
Accuracy of name: It is your responsibility to check that the names and titles shown on your itinerary and booking confirmation match exactly with names and titles as they appear in the passports of the people who are travelling. You must contact us immediately to advise us of any discrepancies as you may be denied boarding on your flights. A minimum amendment charge of Euro 20 per correction will apply although you should note that some airlines will not allow corrections and will require us to rebook the flights, this may affect the price of your holiday.
If a booking needs to be cancelled, written notice must be given by the person who is not travelling. In certain cases cancellation charges, if incurred involuntarily, will be covered by insurance taken out at the time of booking. This is strongly recommended.
6.1 Amendments by you
LebensWert Thailand GmbH will make every effort to assist you if you wish to alter your arrangements, but it may not always be possible. Requests for an amendment must be in writing, signed by the person who made the initial payment. If it is possible to make the amendment, it will be subject to an amendment charge of Euro 50 per booking, together with all communication charges or other expenses incurred by the Company as a result of the change. These charges will be payable whether or not the tour organizer succeeds in confirming your requested amendment. Scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge in respect of the air fare. Please note that save for the transfer of a booking (see below), it will not be possible to make changes within 28 days of your departure date. Your request may be treated as a cancellation and re-booking and the normal cancellation charges detailed in clause 6.2 below will apply dependent upon the conditions imposed by our suppliers.
6.2 Cancellaltion by you
Should you wish to cancel, cancellation charges will be imposed. These are calculated from the day written or verbal notification is received by us or our authorised travel agent as a percentage of the total tour price per person cancelling, excluding any amendment charges and insurance premiums. The cancellation charges shown below are those which will apply to most tours. However, some suppliers have conditions which require the payment of higher or different charges (including the imposition of 100% cancellation charges well in advance of the normal balance due date) which you will have to pay in the event of cancellation. You will be advised at the time of booking if this is the case for your tour.
- 45 and more days before tour start date – 30% or loss of deposit if higher
- 44-30 days before tour start date – 50%
- 29-15 days before tour start date – 60%
- 14-8 days before tour start date – 80%
- Less than 8 days before tour start date – 100%
Amendment charges and insurance premiums are not refundable if you cancel your booking. We strongly recommend that comprehensive travel insurance is taken out which includes cover against cancellation charges. Depending on the reason for the cancellation, you may be able to reclaim the cancellation charges (less any applicable excess) under the terms of your insurance policy. In the event of the cancellation of a booking where you are liable to pay to us cancellation charges in excess of the amount already paid to us at the time of cancellation, you cannot transfer or add these charges to another booking or use any amounts paid to us in relation to the cancelled booking by way of part payment for another booking. Part cancellation of a booking may result in additional costs being payable by the remaining members of your party.
6.3 It is the responsibility of the guest to prove to LebensWert Thailand GmbH that no or significantly lower damages have been incurred than the reimbursement amount that has been charged.
6.4 LebensWert Thailand GmbH reserves the right, by way of deviation from the above packages, to claim higher, specific damages.
7.1 The customer has no claim to changes as to the date of the trip or the destination after conclusion of the contract. If at the guest's request changes are made to the reservation, LebensWert Thailand GmbH can charge a modification fee per guest.
7.2 Customer requests for re-booking after these deadlines have passed can, if at all possible, be only carried out after withdrawal from the contract according to clause 6.2 and simultaneous new booking.
7.3 The traveller can ask a third person to take over his rights and duties according to the travel contract at any time before beginning the journey. LebensWert Thailand GmbH may be the occurrence of the third opponent, if this is the specific travel needs or does not meet its participation in legislation or administrative orders to the contrary. If a third party enters into the contract, then he and the registrant are jointly and severally liable in respect of LebensWert Thailand GmbH for the price of the holiday and for additional costs incurred through the entry of the third party.
8. Services not used
If the participant does not call upon individual travel services because of a premature return trip or other compelling reasons, they will be dropped without paying money back.
9. Withdrawal and termination by LebensWert Thailand GmbH
Die LebensWert Thailand GmbH can withdraw from the travel contract before the trip or cancel it after the trip has started in the following cases.
9.1 Effective immediately, if the traveler significantly disturbs the trip in spite of a warning from the host or if he behaves in violation of the contract to the extent that the immediate termination of the contract is justified. If the tour operator terminates the agreement, they retain the claim to the travel price; however, they must take into account the value of the saved expenditures as well as those advantages which the Guest demands from an otherwise utilised application of service, including the contributions rendered by the service agencies.
9.2 LebensWert Thailand GmbH may cancel up to 28 days before arrival at failure of an advertised or officially fixed minimum number of participants only from the travel contract, if pointed in the travel and the travel confirmation for the appropriate travel on a minimum group size and the number and the date up to which prior to the contract agreed to departure the cancellation received must be specified clearly. LebensWert Thailand GmbH is obligated in any case to inform the Customer immediately after the occurrence of the prerequisite for the non-performance of the tour and forward the notice of withdrawal to the Customer immediately. The tour operator will return the paid travel fees without delay.
9.3 Withdrawal by us up to 4 weeks before the trip begins if, even though all options available to us have been exhausted, conduct of the trip would be unreasonable for us because the number of bookings for the trip in question had been so low that conducting the trip anyway would entail accepting an economic loss for the trip in question that lies beyond the limit we can be expected to sustain. The right of cancellation shall, however, only be available if the tour operator is not responsible for the causative circumstances and provides evidence thereof and submits a comparable alternative offer to the traveller. The tour operator will return the paid travel fees without delay.
10. Cancellation of contract due to extraordinary circumstances
10.1 If the tour is materially impeded, jeopardised or impaired by force majeure not foreseeable at the time the contract was concluded, both LebensWert Thailand GmbH and the passenger may terminate the contract. If the contract is quit, then LebensWert Thailand GmbH will be indemnified by the client for services already rendered to the client and services to be rendered in addition in order to quit the contract.
10.2 LebensWert Thailand GmbH shall furthermore be obligated to take all required measures for the return of the Traveller, provided that such return is included in the agreement. Any additional costs incurred for the return transport are to be borne equally by both parties. In other cases the traveller bears the costs of repatriation
11. Obligations of Collaborative Action / Duties of the Customer
11.1 Notice of defects
When the travel has not been provided according to contract, the contractual partner can demand remedy. The customer is, however, obligated to immediately notify the tour organizer of any travel shortcoming. No reduction will be given if the traveller culpably neglects to notify the problem to the tour operator or the local travel representative and/or agency. This only does not apply if the notification is clearly futile or is unreasonable for other reasons.
11.2 Formal notice before termination of the contract
If a client wishes to cancel the travel contract on the basis of a tour deficiency as described in § 651 c BGB or § 651e BGB or a significant reason which is apparent to LebensWert Thailand GmbH, they are obliged to first set LebensWert Thailand GmbH a reasonable deadline for the provision of redress. This only does not apply if redress is impossible, or is refused by the tour operator, or if immediate termination of the contract is justified by the customer's special interest, which is recognizable to the tour operator.
11.3 Loss of luggage and delay in luggage delivery
We kindly ask you to please report damages or delivery delay of luggage and goods on air travels immediately on the spot to the responsible airline. As a rule, airlines refuse to provide compensation if the property irregularity report has not been completed. The Claims for lost luggage is to be made within 7 days for delay within 21 days of delivery. In addition, the loss of, damage to or faulty transport of baggage should be notified to the travel representative.
11.4 Travel documents
The participant must inform LebensWert Thailand GmbH if he has not received the required travel documents by the date advised by the tour operator.
11.5 Mitigation of damage
The customer is to avoid the occurrence of a damaging event if possible and to keep occurred damage low.
12. Responsibility of LebensWert Thailand GmbH
12.1 LebensWert Thailand GmbH is liable within the context of the duty to exercise the care required by a prudent businessman for:
- conscientious travel,
- preparations, careful selection and monitoring of the service providers,
- the correctness of its own description of services and
- the proper provision of the contractually agreed travel services.
12.2 LebensWert Thailand GmbH is liable for the fault of a person entrusted with rendering a service, unless otherwise stipulated under these Terms & Conditions of travel or stipulated by prevailing conditions, and provided that the person, entrusted to render service, had caused an instance of damage not only upon the occasion of performing contract.
13. Limitation of Liability
13.1 The contractual liability of von LebensWert Thailand GmbH for damage other than personal injury shall be limited in total to three times the tour fare unless the damage was caused intentionally or grossly negligently or was caused solely by a service provider engaged by LebensWert Thailand GmbH.
13.2 For all compensation claims in tort against LebensWert Thailand GmbH that are not the result of intentional acts or omissions or negligence, LebensWert Thailand GmbH's liability for damage to property shall be limited to damages to property up to an amount of EUR 4,100, in case the damage exceed three time the amount invoiced, the total liability is limited to three times. These maximum liability amounts apply per traveller per holiday. Any claims, which may arise in relation to travel baggage pursuant to the Montreal Convention shall not be affected by the aforesaid limitation.
13.3 LebensWert Thailand GmbH is not liable for disturbances to services, personal and material damages in association with services which are only arranged as third party services ( e.g. excursions, sports events, theatre visits, exhibitions, transport services to and from the published start and destination) if these services are expressly and clearly identified as such in the published trip information and the confirmation of booking, with details given of the contractual partner for third party services with which arrangements have been made, all in such a way that the participant can recognize they are not part of the travel services of the tour operator.
LebensWert Thailand GmbH is, however, liable as follows:
a) for services that include the transportation of the guest from the described departure point of the journey to the described destination, intermediate transportation during the journey and accommodation during the journey
b) to the extent to which the guest suffers damages as a result of a failure on the part of LebensWert Thailand GmbH to fulfill its obligation to inform, explain or organize
13.4 If the LebensWert Thailand GmbH assumes a position equivalent to a freight carrier, then his liability shall be regulated by the provisions of the Air Transportation Act in conjunction with Conventions covenanted in Warsaw, The Hague, Guadalajara and the Montreal Agreement (solely for flights to Canada and the USA). As a rule these agreements confine the liability of the air freight pilot for death or bodily injury as well as for losses and damage of luggage.
13.5 If LebensWert Thailand GmbH acts as a contractual ship-owner with regards to ship cruises, its liability is subject to the provisions of the Commercial Code and the Inland Navigation Act.
13.6. For risk activities and disciplines like horse riding, jet ski, trekking, zip wire, diving, offroad, balloon rides, climbing, guides bike tours, safaris, wildwater rafting, cayaking, caving, paragliding following regulations shall apply.
a) The implementation of these activities is carried out exclusively on the customer's own risk .
b) Given information like time and duration are just indications, the schedule may be delayed.
c) Activities may require personal suitabilities like height, weight, age. Once the booking has been made, the customer is exclusively responsible to fulfil the necessary conditions.
d) Due to weather conditions and other unforeseeable obstacles activities, in particular waters sports and boat trips may not be executable. If possible the activity will changed to another day or paid out in all other cases.
14.1 If the trip is not provided in accordance with the agreed contract of travel then the traveller can demand redress. Alternatively, LebensWert Thailand GmbH may remedy the defect by substituting an equivalent service, e. g., by engaging a different activity. LebensWert Thailand GmbH can refuse remedy if it requires an unreasonable effort.
14.2 Mitigation of travel price
The customer can demand reduction of the travel price for the time during which the trip was not rendered in accordance with the contract (reduction is based on the value of the trip pursuant to the contract at time of sale and the value the trip actually had as referred to the time of sale). No reduction will be given if the traveller culpably neglects to notify the problem to the tour operator or the local travel representative and/or agency.
14.3 Contract termination
If a journey is substantially impaired as a consequence of a deficiency, and if the Tourism Agency does not provide any remedy within an appropriate period, the traveller can terminate the tourist travel contract within the scope of legal provisions - in his/her own interest, and due to expedient substantiation reasons through written declaration. The same regulation is valid if a tour is not reasonable for the traveller because of a fault that is obvious to the tour operator. In such a case the contractual partner owes LebensWert Thailand GmbH the part of the used performance of the travel price, as far as they were of interest for him.
Irrespective of the abatement or the termination, the traveller can demand compensation due to non-fulfilment, unless the deficiency of the journey is based on circumstances beyond the control of LebensWert Thailand GmbH.
15. Exclusion and limitation of claims
15.1 Claims based on provision of travel services against the terms of the contract must be filed by the guest within a month after the contractually defined end of the journey. The assertion can be made only to the tour operator at the address stated below/above complying with the agreed time-limit. After the expiration of this time limit the customer may only assert claims if he or she was prevented without fault from an observance of the time limit. However, this does not apply to the deadline for notification of damaged, delayed or lost baggage relating to flights in accordance with Item 11.3. This must be reported within seven days for lost baggage and within 21 days of delivery for delayed baggage.
15.2 Claims of the participant in accordance with § § 651 c to 651 f BGB expire after one year
This limitations period shall start with the day on which the trip was to end in accordance with the contract. If negotiations are in progress between the Passenger and LebensWert Thailand GmbH on the subject of the claim or the circumstances on which it is based, the limitation period shall be suspended until the Passenger or LebensWert Thailand GmbH or the latter's insurer refuses to continue the negotiations. The limitation of claim will come into effect at the earliest 3 months after the said suspension. The tour member must raise any claims for non-contractual performance of the tour - where possible in writing -within 1 month after the agreed end of the tour to LebensWert Thailand GmbH.
16. Information obligations regarding the identity of the operating airline
According to EU regulations on the obligation to inform air passengers of the identity of the airline company operating a flight, at the time the reservation is made LebensWert Thailand GmbH is required to inform the guest of the identity of the operating airline company for all air transportation services to be rendered in the framework of the reserved journey.
If at the time of the reservation the operating airline company has not yet been determined, LebensWert Thailand GmbH is obligated to inform the guest which airline or airlines will most likely operate the flight. As soon as LebensWert Thailand GmbH knows which airline will conduct the flight it must inform the guest of this.
If the airline conducting the flight changes to another airline other than the one already mentioned to the guest, LebensWert Thailand GmbH must inform the guest of this change.
T he Black List of airlines that are banned within the EU can be viewed online at http://ec.europa.eu/transport/airban.
17. Obligation to cooperate
17.1 The customer is committed within the legal representation that by the appearance of any problems in the services, they should help, in order to avoid any damages completely or to at least keep them to a minimum.
17.2 In particular, the traveller is obligated to report his or her complaints to the local tour operator without delay, which is instructed to supply a remedy insofar as this is possible. If the traveller neglects to notify a defect and is at fault for this neglect, then the traveller shall not have a right to reduction of the travel price.
18. Passport, visa and health requirements
18.1 LebensWert Thailand GmbH shall inform nationals of a state in which the travel is offered about regulations for passport, visa and health provisions before conclusion of the contract. The responsible consulate can give information to nationals of other states. These provisions assume that there are no special circumstances attaching to the Passenger or any accompanying passengers (e. g., dual citizenship, statelessness).
18.2 LebensWert Thailand GmbH is not liable for the punctual issue and receipt of necessary visas by the relevant diplomatic representation if the participant has instructed him to deal with this, unless the Organizer has negligently failed in his own duties.
18.3 The guest is responsible for obtaining and carrying any necessary travel papers, any necessary immunizations and for adhering to customs and exchange control regulations. Any disadvantages due to the non-observance of these regulations e.g. payment of withdrawal costs, are at his expense. This does not apply if the tour operator has not provided information, or has provided insufficient or false information.
19. Choice of law
19.1 The Customer shall only be entitled to commence legal proceedings against LebensWert Thailand GmbH at its domicile. Insofar that a lawsuit on the part of the customer is enacted against LebensWert Thailand GmbH in a foreign country regarding the liability of LebensWert Thailand GmbH and German law is not applied, then, regarding the legal consequences, the type, extent and degree of liability will be in accordance with and subject to German law.
19.2 The domicile of the Customer shall be the relevant courts for LebensWert Thailand GmbH to enforce its claims against the Customer. The aforesaid shall not be applicable in the event that LebensWert Thailand GmbH's claims are directed against traders or persons, who have no general local domicile or against persons, who have transferred their domicile or place of residence to a foreign country subsequent to the execution of the Agreement or against persons, whose domicile or place of normal residence is not known at the time of the commencement of legal proceedings.
19.3 The conditions above do not apply under the following conditions:
a) if (and to whatever extent) from the contractually non-obligatory terms and conditions of international conventions that apply to the travel contract between the guest and LebensWert Thailand GmbH, the guest would receive some other benefit or
b) if (and to whatever extent) the non-obligatory terms and conditions applicable to the travel contract in the EU country to which the guest belongs are more beneficial to the guest than the aforementioned terms and conditions or the corresponding German regulations.
21. (Severability clause) Invalidity
If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
LebensWert Thailand GmbH
Phone.: +49 (0)40 405 962
Fax: +49 (0)40 180 379 44
Amtsgericht Hamburg HRB 119509
VAT identification number
Hamburg, den 23.12.2011