Terms and Conditions Of Use for Amarici Travel
Table of content
Definition
Ambit of the Terms and Conditions of use
Changes of the Terms and Conditions
Benefits
Outrange to Terms and Conditions
Directive for utilization
Notice of termination/ cancellation of a reservation or booking
Data protection, data security
Net security
Payment terms and payment possibilities
Copyrights
Liability
Applicable law and legal venue
Definition
User is everybody, who access and uses the web pages www.amarici-travel.com or www.amarici-reisen.de in any kind.
Carrier respective operator is the company Amarici with the owner, the employees and commissioned companies.
Service provider is the respective partner company their services and achievements are provided and are unwound with that the contract and the Payment.
Ambit of the Terms and Conditions of use
These Terms and Conditions apply to all users of these Amarici web pages, to all free activities and all contract relations liable to pay costs. The page use documented the inspection and the user consent with these Terms and Conditions.
With the use of links to other suppliers apply, in addition, their Terms and Conditions. Amarici, the carrier and operator, doesn’t incure any responsibility or liability for action ways, behavior or contents from users and from linked suppliers and the service providers.
Changes of the Terms and Conditions
Amarici, the carrier and operator, has reserves to change these Terms and Conditions without advance advice and without information of reasons or to complement.
The users are responsible themselves for keeping up-to-date about every supplement and change. Benefits
Benefits
Amarici Travel & Tour is developed constantly. Any time and without information of reasons, the operator may change add or reject media, services and travel- and tour offers. Already concluded contracts are not influence.
The carrier/operator is entitled to instruct third with the performance of parts or the whole achievement spectrum.
Outrange to Terms and Conditions
Offence may result to sanctions and in special case even leads to juridical steps.
With suspicion on criminal offences or offence against the Terms and Conditions the operator asks the users for suitable information. This concern in particular offence relevant for right (as for example abusive use, use by persons under age, unlawful copying...).
Directive for utilization
Age limitation
The use is permitted only to adult (in Germany 18 Years or older). All users must be full sui juris (court cases).
Users beyond Germany have to take care to keep the valid laws in their place of residence in addition to regulations of German law (Watch „legally compliant of preservation clause “in these Terms and Conditions).
Behavioral code for users
All information is to be made truthful. Every user must give own name and own correct e-mail address and postal address (no post office box). The delivery of the data which show the identity wrong, are phony, fictitious or from other persons or this imitate is not permitted and can cause juridical steps.
Data, pictures, videos or other contents of this side, may be published not copied, or be transmitted because can offend against right third (e.g., name rights, brands rights or personality rights).
The activities which bother other users, service providers or the operator or injure of somebody private sphere are to be avoided. Access data never are allowed to do third will leave, in particular not persons under age. The contracting partner sticks personally for every activity which occurs with the access data.
Every attempt to receive unauthorized access to the data bank or other calculator systems to edit contents of the sides to modify to decompiled, to translate, to work on, to change to copy applications, programs or services to deliver computer viruses, to provide or to spread is strictly forbade.
All activities which interrupt the functionality of the Amarici Travel & Tour sides which decrease quality or the achievement which impair functionality, the services or the appearance of the Amarici Travel & Tour sides are to be omitted.
The uses of services are subject to restrictions by national and international regulations and laws. The operator reserves the right to check the observance and to bring unambiguously criminal activities to the complaint. Nevertheless, the obligation does not take over in addition.
Commercial use
Travel agencies can use Rabat offers and complete own achievement with our offers.
For commercial cooperation partners count the government lungs of the respective co-operative agreement.
Contents-compliant advertising contents (e.g., for trip, tour, event, partner, marriage mediation …) are to be regulated to begin with within the scope of a co-operative agreement.
A link on companies is correspondent as regards content, can occur in arrangement with the administrator in form of a link exchange or purchase. This also counts to competitor of the same contents.
Headhunting of users can cause juridical steps.
Notice of termination/ cancellation of a reservation or booking
The contractual relationship with terms, resignation / cancellation, change, lengthening, shortening, time shifting of the tour or similar can be regulated deviating from the Terms and Conditions in the sent offer. With the offer acceptance these regulations are accepted. The contract comes about only if the payment comes within the informed term.
Resignation or cancellation by the user
A resignation by the user is free as long no payment was done.
After occurred payment the operator withholds the transaction fees of the repayment sum, because these of the user are to be responsible. If the service provider already has other activities his handling charges withheld are also released. Alternatively a change is basically possible for other appointments or to other tours, as far as these are also available.
The repayment sum is depending on time of the cancellation. The service provider draws off from the repayment sum in the following given shares of the tour price. Nevertheless, the operator renounces calculator resulting additional charge against the user (in a possible way by transaction and handling fees).
Cancelation of tours in the main season
(July 15th – August 31th, September 30th - October 07th,
December 20th - January 04th, February12th-18th, April 09th-15th,)
15 days before tour beginning shortening about 50% of the tour price and fees
8 days before tour beginning shortening about 100% of the tour price
(no allowance, fee renunciation)
Cancelation of tours in the low season
4 days before Tour-Begin shortening about 25% of the tour price and fees
3 days before Tour-Begin shortening about 50% of the tour price and fees
2 days before Tour-Begin 100% of the tour price
(no allowance, fee renunciation)
Resignation or cancellation by the service provider
Causes by unpredictable events, decisions are relevant for security or by not influence able changing of basic conditions, the service provider can time shifting tours, substitute with other equivalent tours or without claim to repayment cancel the whole tour.
(e.g., higher power, political riots, weather, Tsunami warning, floods, typhoons, swell, technical failures, accidents, epidemics, deaths and other)
In this case the service provider decides about possible solution in arrangement with the user and carrier respectively operator. The service provider decides if and in which form the achievement will be refunded or changed. Normally a comparable alternative offer is presented.
Cancellation by the carrier r. operator
If the carrier respective operator cancels because of coarse injury of Terms and Conditions, of wrong data, criminal actions or other malicious behavior of the user, the height of refund is regulated the same like resignation or cancellation by the user, plus a cancelation fee at the rate of 8%, at least however, 20 EUR.
Cancellation by fault of the user, because of no conclusion of contract with the service provider (e.g., too late payment entrance, the offer cannot be performed any more by the service provider), merely the deduction of the monetary transfer costs occurs without fees of the carrier respective operator, if there is no evasive offer wanted or possible.
Data protection, data security
Data use
Every user explains himself by the use or establishment of contact all right with the internal storage and processing of his data for the purpose of the supply of functions and services of the carrier, operator and service provider. No noninvolved third party gets any information or data from us.
The use of meeting-cookies serves the internal control of the Amarici Travel & Tour sides of the login up to the logout. Consequently meeting-cookies are stored only during the meeting.
Private sphere of the users
The carrier respective operator is allowed to store personal data from user contacts and registration (e.g. personal e-mail, private address, name, telephone number …) in a data bank only for service. The operator will transmit only relevant data exclusively for the purpose of a contract offer to the relevant service providers. No noninvolved third party gets any information or data from us.
Amarici doesn’t deal with any personal data like e-mail or post address. All data serve exclusively the contractual relationship with the operator or the service providers and are never published basically to unconcerned. The publication to courts with running complaints is excluded from it.
Private sphere of children / Persons limited capable of business
The security and the private sphere of children and persons limited capable of business are very important to us. All users must be at least 18 years old and be fully able of business.
Should persons under age or limited capable of business under pretense of wrong facts with phony information release activities, access data of the parents or responsible person are an omission in the supervision duty of the parents or care persons and a careless contact with Internet. Hence, only the parents or responsible person themselves are liable for this abuse and from it proving consequences.
In case such suspicion or a plausible notice is send to the operator by third, a proof of the age or the legal capacity is immediately required. All commercial activities are stopped. Without proof all activities are stopped by the operator because of abuse. Payments are regulated the same like Cancellation by the carrier r. operator because of coarse injury of Terms and Conditions.
Nevertheless, the operator will think about to decide not to bring the omission of the parents or responsible person to the complaint or to calculate handling charges.
Data deletion
Without conclusion of a contract the data stored for the offer production are deleted again.
The entire deletion of the contract data is only possible at the end of existing contracts for services liable to pay costs and the joining legal safekeeping duty in which we may not delete contract data.
With the data deletion no reactivation of the user is possible anymore. For the following activities the user is a new customer again. All not asserted claims from the last use have gone out definitely.
Net security
No protection is fool proof. Nevertheless, the servers of the operator are protected at high level with the newest security procedures against damaging programs, hackers and other attacks from the Internet.
Failures of utilization by problems in the local net of the user as well as in the World Wide Web or the work of injurious software (viruses, to Trojans …) do not lie in the responsibility of the operator and cause no liability claim against the operator. The users are with the access to the Internet responsibly for a suitable security draught on your calculators.
The operator recommends a Firewall, dial-, virus-, Spy-, Spam-and Intrusion-protection. The additional use of a Routers and Proxy server is even more certainly. Ask in addition a PC trader of your trust.
Payment terms and payment possibilities
The operator never draws even money of customer accounts and accepts no direct-debit authorization.
The prices and contract conditions of the operator according to offer are legal. The operator reserves the right to offer different conditions to certain customer groups.
All prices including the valid German VAT, handling charges and foreign fees if necessary of involved companies. In dependence of the payment kind the users can have add-on costs full or partial too.
Payment kinds, conditions and Payment partner companies can be given or changed without information by reasons.
Repayments
Refunds occur over PayPal or an European bank account with IBAN and code SWIFT.
Copyrights
Rights for CI/CD and layout
The operator respects entitled copyrights and expects this also from the users, partners and visitors of the Amarici Travel & Tour sides.
Should it come by mistake for the publication of protected contents, the operator asks for immediate information what stands where under which protection, so that influence on possible incidents can be taken in time.
Rights in pictures and other contents
The counterfeiting of pictures or other contents, the download and the not authorized publication, can be a criminal offence. The results which arise from any complaint the responsible users are liable only. The operator takes over no liability (watch also "Directive for utilization").
Liability
Disclaimer of liability
The operator is not taken any liability for the behavior from users, for contents of linked sides, used service companies (e.g., Payment partner companies) or for the case there is no conclusion of a contract or this cannot be redeemed on grounds of force majeure clause. Here apply the conditions of cancellation or from the service provider.
The operator is also not taken any liability for the correctness of the information in the registration data and profile data of the users.
Random-like the operator checks service provider’s activities, link partners and users for their regular doing. Also without approval, the operator may initialize steps to prevent undesirable activities or to avoid complaint in case of criminal offence. Nevertheless, the operator doesn’t take the obligation to the check and is not liable for suitable misdemeanors or their results in addition (please watch „Directive for utilization").
The operator doesn’t take over any liability for physical, mental or material damages which originate from the provided trips or tours or from information which the user reveals (please watch „data protection and data security“).
In spite of big strains of the operator and his technical partners, the Amarici Travel & Tour to provide freely of disturbance sides, the operator cannot guarantee for the accessibility free of disturbance and free of interruption and function. Hence, the operator rejects every liability for technical delays, failures or their results.
Every liability is also excluded for the criminal inspection from personal user data by third, in particular by the work of malware, hacker's accesses and viruses or similar. See in addition the point "Net security".
Not excluded is the liability for the damages which originate from intentional or roughly careless action of the operator.
Liability exemption
The users covenant themselves, to absolve the operator from claims as well as all expenditures for damages which are based by force majeure clause, third party, bad weather, political riots, inadmissible contents or user behavior in particular wrong delivered data.
Users and visitors absolve the operator from claims which arise from abusive use or disregard of the Terms and Conditions.
These claims are to be directed against the respective causes. The operator will hand out the suitable personal data exclusively to the own notary representation or a responsible court.
Applicable right and legal venue
So far juridical allowed is the legal venue in the location deposited in the commercial register of the company Amarici. Basically the right of the Federal Republic of Germany and with regard to the tour fulfillment by the service providers the right of the kingdom Malaysia is to apply accordingly.
Law Conformity, severability clause
If a responsible court explains single parts of the Terms and Conditions for invalid, all remaining rules of the Terms and Conditions remain unconditionally continue effective.
Besides, operators and users agree with the fact that an ineffective one just as a perhaps missing regulation is substituted by the court by to the sense and purpose after the legal-efficiently economically most near coming regulation.
With the realization of a use compatible operator and user, that, without taking into consideration counter piece being statutes or laws, every claim or the fact of the matter against the operator who arises directly or indirectly from the use of Amarici Travel & Tour, from services, from achievements or their work, must be asserted within one year after the entry of the causal event or goes out for good.
The operator does not explain that all contents of this web page are measured for other states and regions, or that from states and regions should be accessed the contents where this is unlawful or is forbade. This also concerns, but not exclusively, the concepts of the majority and full legal capacity. These are defined worldwide differently. Amarici Travel & Tour orientates by the German law. As Of age and fully able of business the operator treats all users from 18 years independent of gender, until obviously doubts must be announced in the legal capacity.
Those who want to be defeated outside by other law than the Germany and using Amarici Travel & Tour, act on their own initiative and are responsible for the observance of applicable laws of both lands themselves.
operator : Lutz Freitag
issue date : October the 20th 2009
Document version : October the 20th 2009