Or please call us: +49.(0)30.40 30 40 90
EMIRATES EXCLUSIVE HOTELS
Detailed travel terms and conditions
Dear travel guest,
Please pay attention to these detailed travel terms and conditions, because you (the "Traveller") accept them with your booking. These terms and conditions apply for all services offered by EMIRATES EXCLUSIVE HOTELS (the Tour Operator) on its websites*.
*The websites are:
www.emirates-exclusive-hotels.com
www.emirate-exklusiv-hotels.de
www.dubai-exclusive-hotels.com
www.dubai-exklusiv-hotels.de
www.abu-dhabi-exclusive-hotels.com
www.abu-dhabi-exklusiv-hotels.de
www.ajman-exclusive-hotels.com
www.ajman-exklusiv-hotels.de
www.fujairah-exclusive-hotels.com
www.fujairah-exklusiv-hotels.de
www.sharjah-exclusive-hotels.com
www.sharjah-exklusiv-hotels.de
www.ras-al-khaimah-exclusive-hotels.com
www.ral-al-khaimah-exklusiv-hotels.de
www.umm-al-qaiwain-exclusive-hotels.com
www.umm-al-qaiwain-exklusiv-hotels.de
These Terms and Conditions complement §§ 651a-m BGB (German Civil Code) and §§ 4-11 BGB-InfoV(German Ordiance on the duty of information and the obligation to produce supporting documents according to the German Civil Law) and fill them.
1. Services, bookings and conclusion of the contract
1.1. The specification of services of the travels on the website are no binding offers on the part of the tour operator. With the booking on the websites on part of the traveller, the traveller offers the tour operator the binding conclusion of a travel agreement. The travel agreement with the tour operator will come of when the traveller receives an e-mail with the booking confirmation on part of the tour operator.
1.2. The booking takes place by completing the reservation form on the website. The traveller can check and eventually correct the data in a confirmation window before activating the "book"-button.
1.3. The traveller will receive a booking confirmation with or immediate after conclusion of the contract. The traveller receives the travel documents and the certificate of insurance indicated in the e-mail immediate after conclusion of the contact, print out is recommended.
1.4. The booking confirmation includes the itinerary. The itinerary is an overview of the separate booked travel components and their prices. Attached to the itinerary are the travel documents and the certificate of insurance. If the booking confirmation diverges from the offer, the new offer is binding for 10 days on part of the tour operator. The travel agreement will come of based on the new offer if the traveller formally accepts the offer within the period.
1.5. The registration takes place through the traveller for all listed participants, the traveller is responsible for the contractual obligations of all listed participants and for his own.
1.6. The travel documents have to be presented at the check in counter of the airline and at the hotel reception. The entry to countries outside of the European Union is due to the countries regulations only possible within the package (transportation and accommodation). If the traveller can?t provide an accommodation voucher at the check in, is the airline allowed to deny transportation despite a valid flight ticket. In this case a cancellation fee is due according to cipher 6.5. Cipher 6.4 is also to apply.
2. Formal requirements, contacts
2.1. Modifications and additions to the offered travel services on part of the tour operator, other services as well as travel terms and terms of payment require a formally written agreement with the tour operator.
2.2. The traveller has to address all messages and legal statements to or for the tour operator occurring in conjunction with the travel agreement exclusively to the internet-service-centre of the tour operator. This is essential for and in particular for the case that the traveller criticizes the service of the tour operator as non contractual (notice of defects). The following contact information?s are to be found in the travel documents as well:
Emirates Exclusive Hotels
Oraniendamm 70
13469 Berlin
Germany
Tel.: +49 (0) 30-40304090*
Fax: +49 (0) 30-43477744*
E-Mail: info@emirates-exclusive-hotels.com
(*Costs apply according the contracts with your provider)
3. Payment
3.1. The tour operator has negotiated a insolvency insurance with the Deutscher Reisepreis Sicherungsverein VVaG (DRS) for validation of the travellers funds. A certificate of insurance for the traveller will be provided together with the travel documents. The itinerary is available anytime.
3.2. After contract conclusion a prepayment of 20% of the total costs is falling due. The charges for insurance, visa, tours and other benefits are due in total and have to be paid with the prepayment, they are in no case, not even pro-rata refundable according to the cancellation scale in cipher 6 on part of the tour operator.
3.3 In general the prepayment will be charged by debit advice procedure to the travellers account within a week after contract conclusion, the final payment ca 35 days before commencement of travel. By payment per credit card the final payment takes place by filling out the accordant form with the credit card data anew. The amount will be charged within a week.
3.4. Is a booking made less than 35 days before commencement of travel, the total payment is due immediately, before the travel documents and the certificate of insurance are provided by e-mail. The tour operator can deny the supply of the contractual services until the final payment is made.
3.5. The amounts of prepayment and final payment and if necessary cancellations result from the booking confirmation. The rates of a cancellation (cipher 6), administrative charges and rebooking charges are due immediately.
3.6. The tour operator reserves the right to charge the traveller with reversal debit charges occurring in context with dishonour contrary to contract of credit cards or debit. The tour operator reserves the right to charge administrative charges occurring for the tour operator or the contractor in context with payment per credit card extra.
3.7. The traveller has to provide his bank connection, address and approval for the debit advice procedure to the tour operator by payment per debit advice procedure. By payment per credit card the accordant form has to be filled out in the booking mask. Sensitive, private dates like credit card number, address and name are ciphered by SSL technology.
3.8. By charges of 5000 Euro and higher paid by credit card the tour operator requires a copy of both sides of the credit card (front side and back side). The copy can be sent per fax (see 2.2.) or per e-mail in an electronic format. The traveller receives e-mail with accordant advice.
3.9. If due payments are not or not completely paid, and the traveller does not pay after receiving a dunning letter, the tour operator can withdraw from the contract, unless there are already relevant defects at this point of time. The tour operator can demand withdrawal charges accordant cipher 6.5. for compensation.
4. Contractual benefits, Contractual modifications
4.1. The complexity of the contractual benefits result exclusively from the description of benefits on the tour operator?s website as well as the information?s in the booking confirmation in reference to the website. The tour operator can change the service description any time before the contract is concluded, the traveller will be informed if he already provided an offer.
4.2. Customer liaison and support on the site by a tour management is not owed under the contract.
5. Benefit and price modifications
5.1. Modifications and deviations of individual travel benefits of the agreed content of the contract, necessary after conclusion of the contract that were not made in breach of good faith, are only allowed if they are not significant and if they don?t alter the total customization of the booked trip. Thereof unaffected is the right of the traveller to assert guarantee claims if the altered benefits have defects. The tour operator is bound to inform the traveller of modifications and deviations immediately. In that case the tour operator will offer the traveller the option of a rebooking or a rescission free of charge.
6. Rescission of the traveller before date of departure/ cancellation charges
6.1. The traveller can resign from the travel anytime before date of departure. Relevant is the entry of the cancellation at the tour operator (address cipher 2.2.). It is recommended to announce the cancellation in writing or per e-mail.
6.2 If the traveller resigns or does not travel for any reasons (except for reasons of act of nature beyond control regulated under cipher 12), not represented by the tour operator, the tour operator looses the right of the total payment of the travel. Instead of that the tour operator can ask for an adequate compensation for travel arrangements and expenses (cancellation charges). To account for are the saved expenses and the possible ulterior application of the benefits to make a calculation.
6.3. The cancellation charges have to be paid as well when the traveller is not at the in the travel documents announced time at the airport or at the departure point, or if the travel has to be cancelled due to missing travel documents, not caused by the tour operator, for example passport or necessary visa.
6.4. The cancellation charges are regulated by the under 6.5. decribed differentiation. The traveller has the right to provide evidence that the tour operator had less or no disadvantage.
6.5. The cancellation compensation is calculated based on the entry of the cancellation announcement at the Internet service centre of the tour operator (contact information cipher 2.2.). Normally as follows: up to 35 before departure date 20 %, from 34 days before departure 100 % of the total hotel rate plus the costs according to cipher 3.2
7. Rebooking, replacement
7.1. A rebooking is not possible. A rebooking is valued as a cancellation with a following new booking. Please notice the cancellation terms (cipher 6).
8. Travel insurance
8.1. The tour operator offers travel insurances out of a range of different travel insurances to convenient conditions. Details can be found: Insurances.
All insurances have to be booked when the travel is booked. Details and conditions of the offered and in the total costs included insurances as well as consumer information are to be found in the insurance conditions. The individual transportation companies (for example airlines) insure the traveller against accident depending on the universally valid regulations.
9. Rescission and cancellation on part of the tour operator
9.1. The tour operator can cancel the travel agreement adherence to a time limit, if the accomplishment of the travel is strongly effected by the traveller, despite a dissuasion on part of the tour operator. The same is essential if the traveller is acting contrary to contract in a dimension that allows the immediate cancellation of the contract. The tour operator keeps the right to the total payment of the travel. Possible additional charges are borne by the disquieter. The tour operator has to allow the saved expenses as well as the advantages that occurred out of utilisation of not claimed benefits, including possible refunding by a funding agency.
10. Extraordinary circumstances, force majeure
10.1. Concerning the notice cancellation of the travel agreement in cases of force of majeure the tour operator refers to § 651j BGB. This regulation has the following wording:
(1) If the travel package is substantially obstructed, jeopardised or impaired as the result of force majeure not foreseeable when contract was entered into, then both the travel organizer and the traveller may terminate the contract merely under this provision.
(2) If the contract is terminated under subsection (1), then the provisions of section 651e (3) sentences 1 and 2 and 561e (4) sentence 1 apply. Extra costs for return transport are borne by the traveller.
10.2. Travel information of the state department can be found at www.auswaertiges-amt.de or under the following telephone number: (030) 5000-2000
11. Warranty and amends
11.1 Are the travel services not performed as specified in the contract, the traveller can demand redress. This is subject to assistance ?irrespective the overriding liability of the tour operator-. You are bound to do everything reasonable to eliminate the disorganisation and to lessen or avoid the damage. You are bound in particular to report complaints immediately. Therefore contact first of all the local agent of the tour operator. Is your redress demand accommodated or is there no local agent of the tour operator, please contact the tour operator directly (cipher 2.2.). The tour operator is authorized to accommodate redress with an equal or more significant alternative benefit. The redress can be denied when a disproportional effort is necessary.
11.2. For the period of the non contractual supply of services you can demand an appropriate reduction of the total price (reduction). The reduction does not occur if the traveller culpably refrained to report the defect according to cipher 11.1.
11.3. Is the travel as a result of a defect considerable affected and does the tour operator not find remedy in an appropriate period of time, even though it was demanded, you can cancel the travel contract within the legal requirements. You owe the traveller the part of the price falling upon the taken travel benefits, provided the benefits haven been valueless.
11.4. Irrespective of a reduction or a cancellation you can demand amends due to non-fulfilment, unless the reduction of the travel is due to a circumstance the tour operator has not to represent.
12. Liability
12.1. The tour operator has liability within the due diligence of a fair tradesman for:
the precise prearrangement of the travel,
the accurate assortment and control of the funding agencies,
the accuracy of the contractual specification of services according to cipher 4.1.,
the adequate supply of agreed service,
but not for the information given in hotel or city prospects, received by third parties.
12.2. The tour operator is liable for a default of a with the service provision assigned person.
12.3. The contractual liability of the tour operator for incurred losses, that are no bodily harms, is altogether limited to the triple total travel price,
a) if the loss of the traveller doesn?t occur deliberate or grossly negligent or
b) if the tour operator is responsible for a loss on part of the traveller alone because of a default of a funding agency.
12.4. For all claims for damage versus the tour operator out of unauthorized misfeasance, that are not based on intent or are grossly negligent, is the liability for property damage for each traveller and each travel limited to the triple total travel price.
In this connection it is recommended to take out an accident insurance in the interest of the traveller.
12.5. The tour operator is not liable for default in context with benefits that are only arranged as external benefits, (for example sporting events, all tours, visits to theatres, exhibitions, transportation companies to and from the advertised place of departure and destination), if these benefits were identified as external benefits in the travel description and the travel confirmation-/invoice and under notification of the arranging co-contractor were identified as external benefits, that they are distinguishable not component of the travel benefits of the tour operator.
12.6. For accidents occurring at any sporting events and other leisure activities as well at any other tours or excursions is the tour operator only liable if there is a default. The tour operator recommends in this connection to take out a sport accident insurance.
12.7. Are there any international agreements or statutory provisions based on those effective for travel benefits of one of the leisure agencies, according to a entitlement of damages is due only under certain premises or restrictions, the tour operator can refer to them.
13. Caveat emptor, limitation of claim and assignation
13.1. Claims due to non-contractual supply of service (§§651c to 651f BGB) have to be lodged at the Internet service centre (address cipher 2.2.) within one month after the scheduled contractual ending of the travel (caveat emptor). In the interests of the traveller the assertion should be in written form. After the respite the traveller can lodge his claims only when he was detained to keep the respite without his own default.
13.2. Claims of the traveller after §§ 651c to 651f BGB prescribe within one year. The prescription starts with the contractual day of ending of the travel or travel benefit. Is there a pendency of hearing of claims between the traveller and the tour operator or causative circumstances, is the prescription inhibited until the traveller or the tour operator denies the prosecution of negotiations. The prescription sets in soonest after 3 month of the constraint. Claims out of tortuous acts prescribe after three years.
13.3. The assignment of claim adverse the tour operator is excluded. This is not essential to family members travelling with.
14. Passport-, Visa-, custom-, foreign currencies-, and health regulations
The tour operator is bound to inform citizens of the EU country in which the travel is offered about passport, visa and health regulations before conclusion of the contract, as well as of possible changes before prior departure, if possible for the tour operator. The tour operator is not liable for the issue and the access of necessary visa by the particular diplomatic procuration, even you assigned the tour operator with the errand, unless he is accountable for the delay. You are responsible for the compliance with formalities. All disadvantages, occurring out of your non-compliance, are at your expense, except those occurring on false or wrong information by the tour operator. The tour operator is not liable for rejection or decisions of local authorities.
15. Duty of secrecy
15.1. The for the tour operator provided individual-related data are processed within the purpose of the contract by data processing, stored and divulged. Individual-related data are protected under the regulations of the Federal Data Protection Act.
16. Contractual language, jurisdiction, preface
16.1. This translation of the original terms & conditions of Emirates Exclusive Hotels has been made with adequate care. Nevertheless the tour operator can under no circumstances take liability for any misunderstandings, misinterpretations and mistakes resulting from any inappropriateness in this translation. Contractual language is German.
16.2. The ineffectiveness of particular regulations does not cause the ineffectiveness of the complete travel agreement. The same is essential for existence of travel conditions. Should one of the preceding regulations be feeble or become feeble, does this not effect the other regulations. The feeble regulation has to be displaced by a regulation that is close to the economic function of the replaced regulation.
16.3. The German law is essential. Jurisdiction for general merchants, for persons that have no general national jurisdiction, and for persons that have an address abroad or whose common residence is abroad after conclusion of the contract, or whose address or common residence is unknown at the date of commencement of action, as well as for passive cases, is the registered office of the tour operator. Either is only not essential when international agreements dictate coactive something else.
The travel regulations and details are essential for the tour operator:
Emirates Exclusive Hotels
Oraniendamm 70
13469 Berlin
Germany
Director: Rüdiger Schork
16.4. The correction of misprints and apparent miscalculations are subject to alteration.
June 2008
