General terms and conditions

1. Conclusion of contract / Customer’s contractual obligations
  • When a travel offer is booked IT’S YOUR TRIP is at the same time offered a binding contract by the customer. The offer is based on the trip description and any additional information supplied by IT’S YOUR TRIP on the respective journey, provided that they are available.
  • The contract comes into effect upon the declaration of acceptance by IT’S YOUR TRIP which requires no specific form. After conclusion of the contract the customer will receive a written travel confirmation.
  • Service providers (e.g. local tour operators, hotels, transporting companies) are not entitled to reach agreements, provide information or make any warranties that could amend the agreed upon contents in the contract, exceed the contractually agreed upon service performances of IT’S YOUR TRIP or contradict the travel description.
  • Prospects and brochures about specific places or hotels as well as any information found in the internet that are not provided by IT’S YOUR TRIP are not binding for IT’S YOUR TRIP and its obligation to perform, provided that they have not been made part of the travel description or IT’S YOUR TRIP’s obligation to perform by express agreement with the customer.
  • Bookings can be processed in writing, by fax or in any electronic form (e-mail, internet). If they are processed orally or by telephone they will merely be considered reservations valid for 48 hours and must be confirmed in writing, by fax or in electronic form (e-mail, internet) within this period. IT’S YOUR TRIP will notify immediately of the receipt of the booking request in electronic form which is not the declaration of acceptance, thus not the conclusion of the booking procedure.
  • The customer is liable for contractual duties of fellow passengers included in the booking list just like for his own, provided that he assumed this obligation by means of an express and separate declaration.
  • The contract comes into effect upon the declaration of acceptance by IT’S YOUR TRIP which requires no specific form. At the time of conclusion of contract or immediately thereafter IT’S YOUR TRIP must forward a written travel confirmation. This does not apply to bookings made less than seven (7) working days prior to the day of departure.
  • If the contents of the travel confirmation differ from the contents of the booking request, a new offer has been made which IT’S YOUR TRIP is obliged to maintain for 10 days. The contract based on this new offer will be concluded when the customer declares the acceptance of the offer by means of an express declaration, down payment or payment of balance within this period.

In the event that the offer can only be maintained for a period of less than 10 days due to reasons stated by the service providers IT’S YOUR TRIP is obliged to notify the customer explicitly.

2. Payment
2.1 IT’S YOUR TRIP will only accept or claim payments prior to the end of the journey if the customer has received the security note. After conclusion of contract and on delivery of the security note a down payment is due amounting to 20% of the travel price. The payment of balance is due 30 days prior to departure provided that the security note is delivered and the journey cannot be cancelled for the reason stated in subparagraph 8.1.
2.2 In the event that the journey does not take longer than 24 hours, overnight accommodation will not be included. If the travel price does not exceed 75€ per person the full payment can be claimed without delivery of the security note.
2.3 If any payment (down payment or payment of balance) is not remitted within the agreed time limit despite having issued a reminder with fixing of a period of time, IT’S YOUR TRIP is entitled to withdraw from the travel contract and charge cancellation fees as set out in subparagraphs 5.2 sentence 2 to 5.5.
2.4 Payments have to be transferred to the bank details, named in the invoice. Credit cards can not be accepted.
3. Changes in Service Performances
3.1 In the case of considerable modifications to travel services agreed upon in the travel contract that become necessary after conclusion of contract and are not brought about by IT’S YOUR TRIP contrary to the principles of good faith and trust are only permissible if the modifications are not substantial and do not impair the overall travel arrangement.
3.2. Possible warranty claims remain unaffected as far as the modified travel services are impaired by deficiencies.
3.3. IT’S YOUR TRIP is obligated to inform the customer of substantial modifications to travel services immediately after learning about the reasons of the modification.
3.4 In the case of a considerable modification to a significant travel service the customer is entitled to withdraw from the contract free of charge or to demand participation in another trip of equivalent value, provided that IT’S YOUR TRIP is capable of offering the customer such a trip without extra charges. The customer must assert these rights without delay after being informed by IT’S YOUR TRIP of the modification to the travel service or the cancellation of the journey.
4. Price Increase
4.1 After conclusion of the travel contract price adjustments are merely possible in the event of an increase of transportation costs or duties imposed on certain services like harbor dues or airport charges or an alteration of the exchange rates applicable to the relevant journey, to the extent to which the increase has an effect on the travel price per person or per seat, provided that a period of 4 months lie between the conclusion of contract and the date of departure agreed upon, and the events that caused the alteration were not foreseeable at the time of conclusion of contract and occurred thereafter.
4.2 IT’S YOUR TRIP is obligated to inform the customer of these regulations immediately after learning about the reasons of the alteration. Price alterations claimed within 20 days prior to departure will not be valid.
In the case of a price increase of more than five (5) % or a considerable modification to a significant service performance the customer is entitled to cancel the contract free of charge or to demand participation in another trip of equivalent value, provided that IT’S YOUR TRIP is capable of offering the customer such a trip without extra charges. The customer must assert these rights without delay after being informed by IT’S YOUR TRIP of the price increase
5. Withdrawal by the Customer prior to Departure/Cancellation Fees
5.1 The customer is entitled to withdraw from the travel contract at any time prior to departure. The cancellation needs to be declared to IT’S YOUR TRIP at the address given below. It is recommended that the customer declares his cancellation in written form.
5.2 Should the customer withdraw prior to departure or not commence the trip, IT’S YOUR TRIP will lose their claim of the travel price. However, provided that it is not responsible for the withdrawal or the withdrawal was a result of force majeure IT’S YOUR TRIP is entitled to charge a reasonable compensation for any travel arrangements made and expenditure spent depending on the respective travel prices up until the point in time at which the withdrawal was made.
5.3 IT’S YOUR TRIP has scaled this claim for compensation chronologically, that is, taking into consideration the closeness of the point of time the withdrawal was made to the contractually stipulated beginning of the trip generalized in a percentage portion of the travel price and also any saved expenses and other possible applications of travel service. After receiving the customer’s declaration of withdrawal the compensation must be calculated as follows:
  • a) up to 30 days prior to departure 20% of the travel price
  • b) 29-14 days prior to departure 35% of the travel price
  • c)13-7 days prior to departure 60% of the travel price
  • d) 6-3 days prior to departure 75% of the travel price
  • e) 2 days prior to departure 85% of the travel price
  • f) non-appearance (no show) on day of departure 90% of the travel price
5.4 It is the customer’s responsibility to prove IT’S YOUR TRIP that no or significantly lower damages have been incurred than the cancellation fee claims.
5.5 IT’S YOUR TRIP reserves the right to demand higher, specific compensation when it proves that significantly higher expenses have been incurred than the respective lump sum. In that event, IT’S YOUR TRIP is obliged to set out details relating to its claim and to provide documentary evidence for the same taking any saved expenses and other possible applications of travel service into account.
5.6 The customer’s legal right to provide a substitute participant in accordance with § 651 b BGB is not affected by the above conditions. Any additional costs need to be defrayed by the customer.
6. Rebooking
6.1 Rebooking requests can only be accepted after withdrawal from the travel contract as set out in conditions of subparagraph 5.2, and when making a new booking immediately thereafter.
6.2 Up until the commencement of travel the customer is entitled to claim a third party to adopt his contract, that is, to take over his rights and duties agreed upon in the travel contract. The customer and the replacement customer are liable as joint and several debtors for both the travel price and the additional costs incurred due to the replacement. IT’S YOUR TRIP is entitled to oppose the replacement if the replacement customer fails to meet the special travel requirements or if to do so would conflict with statutory provisions or official directives.
7. Services not used by the Customer
If the customer does not make use of particular contractual services for personal reasons (e.g. early departure or other compelling reasons), he is not entitled to claim a proportionate reimbursement of the travel price. IT’S YOUR TRIP will try to seek reimbursement of the saved expenditure. This obligation does not apply to fully irrelevant services or when the compensation violates legal or governmental regulations.
8. RWithdrawal by IT’S YOUR TRIP

In the event of non-achievement of the minimum number of participants IT’S YOUR TRIP is entitled to withdraw from the contract when

  • the minimum number of participants is stated in the respective travel description, as well as the point of time by which the customer must be informed of the withdrawal prior to the contractually agreed-upon commencement of the travel and
  • the minimum number of participants as well as the latest date of possible withdrawal are clearly stated in the travel confirmation or reference is made to the respective travel description where such information is stated.

A withdrawal is to be notified no later than on the 28th day to the customer prior to the agreed upon commencement of the travel. In the event that it becomes apparent at an earlier point of time that the required number of participants cannot be reached IT’S YOUR TRIP is obliged to exercise its right of withdrawal without delay. If the trip is not undertaken for this reason the customer is immediately refunded any payments made on the travel price in full.

 

8.2 IT’S YOUR TRIP is entitled to cancel the contract at any time without prior notice in the event that the customer continues to disturb despite warnings or behaves contrary to the contract to such a degree that immediate cancellation is justified. In the event of such a termination IT’S YOUR TRIP’s claim for the travel price remains unaffected. However, it will take due account of any saved expenditure or advantages obtained from alternative applications of the service that the customer did not make use of, including any amounts credited by the service providers. IT’S YOUR TRIP is entitled to authorize local representatives (tour operators, guides) in order to assert these rights.

9. Force Majeure
9.1 In the event that the journey is hindered, endangered or impacted due to force majeure that was not foreseeable at the time of conclusion of contract, both IT’S YOUR TRIP and the customer are entitled to terminate the contract under the provisions of the present § 651j, 651e paragraph 3 BGB. Thereafter, IT’S YOUR TRIP is entitled to claim reasonable compensation for travel services rendered or yet to be rendered. IT’S YOUR TRIP is obligated to take necessary measures, especially for the return transport of the customer, provided that such a return transport is included in the contract. Any additional costs for the return transport will be split equally between both parties. Remaining charges are to be defrayed by the customer.
10. Customer’s Obligations
10.1 Notification of Tour Deficiency
The customer reserves the right to seek redress if the journey is not performed according to the contract.
However, the customer is obliged to notify IT’S YOUR TRIP of a tour deficiency immediately. If he is negligent in fulfilling this obligation a reduction of the travel price will not be possible. This will not be the case if a notification appears obviously futile or unreasonable for other reasons.
The customer is obligated to pass on his notification of deficiency immediately to the local tour guides in the destination country. In the event that the local tour guides are not on site the notifications need to be forwarded to IT’S YOUR TRIP’s head office.
The customer will be informed of the tour guides’ availability in the travel description or in the travel documents at the latest. The tour guides are obligated to arrange remedy if possible. However, they are not authorized to acknowledge any claims of the customer.
10.2 Setting a Deadline prior to Cancellation
In the case that the customer wishes to cancel the contract due to a tour deficiency as set out in § 651 e BGB in accordance with § 651 c BGB or due to a significant, to IT’S YOUR TRIP clearly recognizable reason, he needs to set a reasonable deadline beforehand for the provision of remedy. The aforementioned does not apply if IT’S YOUR TRIP denies remedy or remedy appears to be impossible, or the immediate cancellation of contract is due to a customer’s special, legitimate interest.
10.3 Damaged or Delayed Baggage
In the event of damaged or delayed baggage when travelling by air, it is strongly recommended to give notice of loss immediately to the respective airline. Airlines usually refuse to make reimbursements if the notice of claim has not been filled out. The notice of claim for damaged baggage needs to be forwarded within seven (7) days and in case of delay, twenty-one (21) days after delivery. Otherwise the loss, damage or poor transportation need to be reported to the tour guides or local representatives of the tour operators.
10.4 Travel Documents
The customer is obligated to notify IT’S YOUR TRIP in the case that the required travel documents (e.g. flight ticket, hotel vouchers) are not submitted within the period stipulated by IT’S YOUR TRIP.
10.5 Observance of Safety Requirements
The customer is obligated to follow the safety requirements of tour guides selected by IT’S YOUR TRIP or its representatives on journeys marked as adventure or trekking journeys.
11. Limitation of Liability
11.1 IT’S YOUR TRIP’s contractual liability for damage, excluding bodily injury, will be limited to three times the travel price,
a) provided that the damage of customer is not due to intent or gross negligence or
b) provided that IT’S YOUR TRIP can be held solely responsible for a damage done to the customer because of the fault of one of those responsible for services.
11.2 IT’S YOUR TRIP’s tort liability for damage not arising as a result of intentional or gross negligence is limited to three times the travel price. This liability amount applies to each customer and each trip. Any additional claims related to baggage in accordance with the Montreal Convention remain unaffected by this limitation.
11.3 IT’S YOUR TRIP will not be held liable for service disruptions, personal injury or damage to property arising in relation to third-party services for which it is merely the brokering agent (e.g. excursions, sporting events, theater visits, exhibitions, transport services from and to the described start and destination) if these services are expressly and clearly identified as such in the published trip information and the booking confirmation, with details given of the contractual partner for third party services with which arrangements have been made, all in such a way that the customer can recognize they are not part of IT’S YOUR TRIP’s travel services.
IT’S YOUR TRIP is, however liable as follows:
  • for services including the transportation of the customer from the described departure point of the journey to the described destination, intermediate transportation during the journey and accommodation during the journey,
  • to the extent to which the customer suffers damages as a result of a failure on the part of IT’S YOUR TRIP to fulfill its obligation to inform, explain and organize.
12. Exclusion of Claims
Claims on account of non-contractual travel performance must be submitted within one month after the contractual end of travel. The claims can only be asserted to IT’S YOUR TRIP at the address stated below complying with the agreed time limit. After expiration of this deadline claims can only be asserted when the customer was unable to adhere to the deadline without actual fault.
This deadline also applies to the deadline for notification of damaged or delayed baggage related to flights in accordance with subparagraph 10.3 when warranty claims according to §§ 651 c paragraph 3, 651 d, 651 e paragraph 3 and 4 BGB are being asserted. A claim for compensation of damaged baggage needs to be asserted within seven (7) days, a claim for compensation of delayed baggage within twenty-one (21) days after being issued.
13. Statue of Limitations
13.1 Claims on account of non-contractual travel performance (claims according to §§ 651 c to f BGB) must be asserted by the customer solely to IT’S YOUR TRIP within one month after the contractual end of travel. After the expiration of this deadline claims can only be asserted when the customer proves that he was unable to adhere to the deadline without actual fault.
The assignment of the customer’s claims against IT’S YOUR TRIP is excluded. This does not apply to family members and spouses travelling with the customer.
13.2 Claims in accordance with §§ 651 c to f BGB arising from violation of life, body, health or other damage based on grossly negligent breach of duty on the part of the tour operator, his legal representatives or vicarious agents will become time-barred within two years.
13.3 All other claims in accordance with §§651 c to f BGB will become time-barred within one year.
13.4 The limitation of claims in accordance with the subparagraphs 13.1 to 13.3 starts on the day the travel should have been ended according to the contract agreed upon.
13.5 Should the customer assert the claims within one month after the contractual termination of the journey the limitation will be suspended until the tour operator rebuts the claims in writing. This rejection is at the same time a refusal to continue negotiating about the claim in accordance with § 203 BGB.
14. Obligations of Informing about the Responsible Operating Airline Company
The EU regulation on informing air transport passengers of the airline company’s identity obligates IT’S YOUR TRIP to inform the customer of the operating airline company’s identity for all air transportation services to be rendered in the framework of the reserved journey at the time of booking.
If the operating airline company has not been determined at the time of booking, IT’S YOUR TRIP is obligated to inform the customer of the airline company or airline companies that will presumably operate the flight. As soon as IT’S YOUR TRIP learns about the operating airline company’s identity the customer must be notified.
If the airline company is changed after reservation, IT’S YOUR TRIP needs to inform the customer of this change. It must take all appropriate steps immediately to ensure that the customer is informed of the change as soon as possible.
The “black list” is available on the following webpage: http://air-ban.europa.eu.
15. Passport, visa and health regulations
15.1 IT’S YOUR TRIP assumes the responsibility of notifying nationals of an EU-state where the trip is being offered about passport, visa and health regulations. This must occur before the conclusion of contract. The customer also needs to be informed about possible changes prior to departure. Information for citizens of other states will be provided at the respective embassy. It is assumed that no peculiarities in respect of the person of the customer as well as of any possible fellow traveler are present (e.g. dual nationality, statelessness).
15.2 The customer is responsible for attaining and carrying the required travel documents and any necessary vaccinations as well as for adhering to customs and currency exchange regulations.
Any disadvantages due to non-observance of these regulations e.g. payment of withdrawal costs are at his expense. This does not apply if the customer has been informed insufficiently or incorrectly by IT’S YOUR TRIP.
15.3 IT’S YOUR TRIP is not liable for timely granting or provision of required visas from the respective diplomatic representative if the customer has authorized IT’S YOUR TRIP to undertake this task, unless it has culpably breached its duties.
16. Choice of Law and Place of Jurisdiction
16.1 The legal and contractual relationship between the customer and IT’S YOUR TRIP is entirely subject to German law.
16.2 Insofar as the lawsuits against IT’S YOUR TRIP are filed abroad and German law is not applied to the liability of IT’S YOUR TRIP, legal consequences, especially regarding the type, extent and amount of the customer’s claims will be subject to German law.
16.3 The customer is merely entitled to bring suit against IT’S YOUR TRIP at the place where IT’S YOUR TRIP is located.
16.4 In the event of lawsuits against customers, the residence of the customer is crucial. For all lawsuits against customers, respectively contractual partners of the travel contract, merchants, juristic persons under public or private law or persons whose residence or customary domicile is abroad or unknown at the time of filing of action, the place of jurisdiction will be where IT’S YOUR TRIP is headquartered.
16.5 The aforementioned provisions on choice of law and place of jurisdiction will not apply
  • if and to whatever extent from the contractually non-obligatory terms and conditions of international agreements that apply to the travel contract between the customer and IT’S YOUR TRIP, the customer would receive some other benefit or
  • if and to whatever extent the non-obligatory terms and conditions applicable to the travel contract in the EU country which the customer belongs to are more beneficial for the customer than the aforementioned terms and conditions or applicable German regulations.
The tours are operated by IT’S YOUR TRIP.
Adress:
IT'S YOUR TRIP
Parkstr. 39
82065 Baierbrunn
Phone. +49 (0) 89 24295183
E-Mail to IT’S YOUR TRIP: Please use our contact form
General Manager: Matthias Ruch
Date: 01.10.2014

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