GTC
Dear travelers,
Please read the following terms and conditions carefully, as by registering you accept these General Terms and Conditions (GTC). They apply to trips organized by Siabella, Sibylle Janssen, Kreithwinkel 16, 30966 Hemmingen (hereinafter: Siabella) and to services from other providers arranged by Siabella.
General Terms and Conditions
As of July 2018
1. travel contract
1.1 You must register for Siabella trips in writing—e.g., by mail or via electronic means of communication such as email or the contact form. Reservations made by phone are valid for only 48 hours. By submitting your registration, you are making a binding offer to Siabella to enter into the travel contract. The travel contract is binding once Siabella confirms your registration. This does not require any specific form.
1.2 Upon or immediately after the conclusion of this contract (travel contract/booking), you will receive a copy or confirmation of the contract containing all essential details regarding the travel services you have booked. If the copy or confirmation of the contract differs from your application, the differing confirmation constitutes a new offer to which Siabella is bound for 10 days. If you accept the new offer within this period—e.g., by making an explicit declaration, paying a deposit, or paying the balance—the travel contract is concluded in this case on the basis of the new offer.
2. payment
2.1 Upon receipt of the travel confirmation and the certificate of insurance, the total price must be paid no later than 21 days before the start of the trip, provided it is certain that the trip will take place as booked and can no longer be canceled due to failure to meet the minimum number of participants.
2.2 For bookings made at short notice (from the 21st day before the start of the trip), the total price is due immediately upon receipt of the security certificate.
2.3 Cancellation, processing, rebooking, reminder and insurance costs as well as costs for individual travel arrangements are due immediately upon receipt of the invoice.
2.4 Full payment of the total price is a prerequisite for the delivery of the complete travel documents. You will usually receive these one week before departure.
2.5 If due payments are not made or not made in full and you do not pay despite a reminder and a grace period, Siabella may withdraw from the contract and demand the corresponding withdrawal fees as compensation (see clause 5).
3. benefits
3.1 The specific services contractually agreed upon between you and Siabella are set forth in the information provided during the pre-contractual disclosure regarding the essential characteristics of the travel services, as well as in the information referring to this in the copy or confirmation of the contract.
3.2 Siabella reserves the right to make changes to its service descriptions at any time prior to the conclusion of the contract. Siabella will inform you of any such changes.
4. individual travel arrangements & special fees
4.1 Siabella charges fees for advice on putting together individual travel packages and for arranging third-party services, details of which can be found in the service description on the website.
4.2 For the processing of individual travel services requested by the traveler that differ from the respective service description of a group tour, Siabella reserves the right to charge a reasonable processing fee per person in addition to any additional costs that may arise. If such a request is made after the contract has already been concluded, the processing fee will be calculated based on the rebooking fee specified in Section 6.
4.3 For last-minute bookings (made 10 days or less before the start of the trip), Siabella charges an additional processing fee of €90 per person.
4.4 Siabella draws attention to the following fees that may apply: Cancellation fees (see clause 5); rebooking fees (see clause 6);
5. withdrawal by the travel participant
5.1 You can withdraw from the trip/contract at any time prior to the start of the trip (cancellation). The date of receipt of the declaration of withdrawal by Siabella is decisive.
5.2 If you withdraw from the travel contract, Siabella may demand reasonable compensation instead of the travel price. The amount of compensation is calculated according to the period between the declaration of withdrawal and the start of the trip as well as the expected savings in expenses and the expected acquisition through other use of the travel service.
5.3 The flat-rate compensation entitlement per person for individual trips is therefore:
- 50% up to the 30th day before the start of the trip,
- From the 29th day until the 15th day before the trip begins: 80%,
- From the 14th day until the 8th day before the trip begins: 90%,
- From the 7th day before the trip begins through the day the trip begins, and in the event of a no-show, 100% of the trip price.
- Train, plane, and ferry tickets are excluded. The full price must be paid for these.
- For package group tours, 90% of the tour price must be paid no later than the 15th day before the trip begins.
5.4 If you withdraw from the contract on the grounds that unavoidable and extraordinary circumstances arise at or in the immediate vicinity of the destination which significantly affect the performance of the package tour or the transportation of persons to the destination, Siabella may not claim compensation. Unavoidable and extraordinary circumstances in this sense are circumstances that are beyond the control of the party invoking them and whose consequences could not have been avoided even if all reasonable precautions had been taken.
6. contract transfer & rebooking
6.1 You may, within a reasonable period of time prior to the start of the trip, declare in writing on a durable medium that a third party will assume the rights and obligations under the travel contract in your place. The declaration is considered timely in any case if it is received by Siabella no later than seven days before the start of the trip. Siabella may object to the third party’s assumption of the contract if the third party does not meet the contractual travel requirements. If a third party assumes the contract, the third party and you are jointly and severally liable to Siabella for the travel price and any additional costs incurred as a result of the third party’s assumption of the contract. Siabella may demand reimbursement of additional costs only if and to the extent that such costs are reasonable and have actually been incurred by Siabella, for which Siabella shall provide proof.
6.2 At your request and as far as possible, Siabella will make changes to the travel confirmation (rebooking). Rebookings include, for example, changes to the travel date, destination, place of departure, accommodation or transportation, changes to connecting flights and connecting or extension programs for group travel.
6.3 In the event of rebookings, Siabella is entitled to charge a rebooking fee of €80 per person per rebooked individual service, or €50 per person for groups of three or more. Any additional costs incurred with service providers (e.g., airlines) will be billed separately. Necessary fax, telephone, telex, or telegram charges may be billed additionally. In the event of necessary flight rebookings required by the respective airline, the airline’s fee applies, and Siabella is entitled to charge a separate fee of €25 per person.
7. resignation by Siabella
7.1 If the minimum number of participants specified in the contract is not reached, Siabella may withdraw from the contract no later than 20 days before the start of the trip if the trip lasts more than six days, no later than seven days before the start of the trip if the trip lasts between two and six days, and no later than 48 hours before the start of the trip if the trip lasts less than two days.
7.2 In addition, Siabella may withdraw from the contract before the start of the trip if Siabella is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances. In this case, Siabella must declare its withdrawal immediately after becoming aware of the reason for withdrawal.
7.3 If Siabella withdraws, it loses the right to the agreed travel price. If Siabella is obliged to refund the travel price as a result of a withdrawal, the refund must be made immediately, but in any case within 14 days of the withdrawal.
8. limitation of liability
8.1 Siabella’s liability is limited to three times the travel price for damages that are not physical injury and are not culpably caused.
8.2 If a travel service is subject to international agreements or legal provisions based on such agreements, under which a claim for damages against the service provider is excluded under certain conditions or arises only under certain conditions or restrictions, Siabella may also invoke these provisions against you.
9. exclusion of assignment
The assignment of claims against Siabella to third parties is prohibited without Siabella’s express consent. This does not apply to family members traveling together or fellow travelers in a group that has registered together.
10. passport, visa, customs, foreign exchange & health regulations
10.1 Each traveler is personally responsible for complying with all regulations relevant to the trip, in particular passport, visa, customs, foreign exchange, and health regulations. This also includes obtaining up-to-date information in a timely manner regarding the relevant regulations, protection against infections and vaccinations, as well as other preventive measures.
10.2 Siabella is only obligated to inform citizens of the EU member state in which it offers the trip about passport and visa requirements, as well as health regulations and any changes thereto, prior to departure.
10.3 In general, Siabella would like to draw the attention of travelers from Germany, Austria, and Switzerland to the following regarding travel to Italy:
- A visa is not required. It is essential that you carry valid travel documents, as you are generally required in Italy to be able to identify yourself at any time with an identity document, such as a (temporary) passport, emergency passport, national ID card, or identity card. Please ensure that your identification documents are valid for the duration of your trip. Each child must have their own identification document. Children under the age of 15 traveling alone should carry an officially certified letter of consent from their parents or legal guardians. It is also recommended that you carry valid identification documents, as experience has shown that failure to do so may result in being denied check-in at a hotel or boarding a flight, for example.
- There are no known specific health regulations or requirements regarding proof of vaccinations or similar measures. In addition, foreign affairs offices recommend verifying and, if necessary, completing the standard vaccination schedule, as well as getting vaccinated against hepatitis A and B if there is a particular risk of exposure. It is also recommended to bring a first-aid kit that includes not only regularly needed medications but also medicines for common travel-related illnesses.
11. insurances
For your own safety, Siabella recommends purchasing a comprehensive insurance package, including trip cancellation insurance, emergency travel assistance, and travel medical insurance—each of which covers repatriation costs in the event of an accident or illness—as well as luggage insurance, travel accident insurance, and travel liability insurance.
12. choice of law
The legal relationship between you as a travel participant and Siabella is governed by German law.
13. data protection
All personal data that you transmit to Siabella and that is collected by Siabella will be processed and used exclusively for the performance of the contract.
14. final provisions
Should any provision of the travel contract or these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected thereby. In such a case, the contracting parties shall replace the invalid provision with a valid provision that most closely approximates the economic purpose of the invalid provision.