1.1. These General Terms and Conditions apply to all legal relationships between Tropical Island Management GmbH (hereafter: TIM) and commercially active group tour operators that are tour operators within the meaning of § 651 a para. 1 BGB (hereafter: Organiser).
1.2. Any terms and conditions of the organiser that conflict with or differ from these Terms and Conditions will not be recognised unless TIM has expressly agreed to their application. These Terms and Conditions also apply if TIM has accepted bookings without reservation in the knowledge of the organiser's differing or supplementary terms and conditions.
1.3. The current version of the General Terms and Conditions for Visits and the General Terms and Conditions for Events valid at the time of conclusion of the contract apply in addition to the visit to Tropical Islands.
2.1. Bookings by the organiser can be made in writing (letter post, email, fax) or by telephone. The contract is only concluded once TIM confirms the organiser's booking in writing. The invoice is sent to the organiser at the same time as the booking confirmation.
2.2. If the content of the order confirmation is different from the content of the booking, the order confirmation is considered a new offer to which TIM is bound for ten days. The contract is concluded based on the new offer if the Partner accepts it within ten days.
TIM is required to provide the agreed services at the agreed time. The scope of TIM's agreed services is set out in the service description and in the information in the booking confirmation, which refers to this. Supplementary agreements that change the scope of the contractual services require written confirmation.
4.1. The organiser is required to pay the agreed price, or if no price has been agreed for a service, the otherwise customary price for the services agreed and other services not booked and used.
4.2. The agreed prices include the statutory value-added tax unless otherwise agreed.
4.3. If there is a period of more than four months between the conclusion of the contract and the provision of services and TIM increases the price generally charged for such services, TIM may increase the contractually agreed price accordingly. TIM will inform the organiser of this without undue delay, at the latest 21 days before the agreed service provision. In the event of a price increase of more than 10%, the organiser may withdraw from the contract by giving two weeks' notice after receipt of the price increase request.
4.4. The organiser is required to pay at least 50% of the agreed price to TIM no later than seven days before the agreed service provision. The balance must be paid at the latest on the day the service is provided on-site. Payments for this are made by bank transfer to the TIM account specified in the booking confirmation. The booking number, the date of arrival and the group's name must be stated as the purpose of payment.
4.5. The organiser may only offset undisputed or legally established claims against claims of TIM.
5.1. The organiser has the right to withdraw from the contract in the instances stipulated by law, in the case of an individual contractual agreement or in accordance with these GTC. The statement of withdrawal must be in writing.
5.2. Additionally, bookings can usually be cancelled free of charge - without giving reasons - up to 7 days before the contractually agreed service provision; thereafter, a cancellation fee is payable in the following amount:
a) Cancellation 6 to 4 days before service provision: 30%
b) Cancellation 3 to 0 days before service provision: 50%
of the respective agreed payment.
5.3. Rebooking will be treated as a withdrawal followed by a new booking.
6.1. If the advance payment is according to section 4.4. If not made within the timeframe specified, TIM reserves the right to withdraw from the contract. Section 5.2. lit. a applies correspondingly to TIM's claims for compensation. The organiser reserves the right to prove a lower amount of damage, and TIM reserves the right to prove a higher amount of damage.
6.2. TIM reserves the right to withdraw for important reasons.
7.1. The organiser must provide TIM with the final number of participants no later than three working days before the service is to be provided.
7.2. If the number of participants decreases by a maximum of 10% compared to the number of participants in the booking, the actual number of participants will be invoiced when paying.
If the actual number of participants is reduced by more than 10% compared to the agreed number of participants, TIM a remuneration based on the actual number of participants plus damages in the amount by which the contractually agreed remuneration has been reduced, in accordance with the following sentence:
If the organiser notifies TIM of a reduction in the number of participants by more than 10% earlier than 60 days before the contractually agreed service provision, the actual number of participants will be invoiced; if notification is made later than 60 days before the contractually agreed service provision, the compensation for damages pursuant to sentence two is reduced by 50%; if notification is made later than 30 days before the start of the event, the compensation is reduced by 25%.
The organiser reserves the right to prove lower damage and TIM to prove a higher amount of damage.
7.3 An increase of more than 10 % requires written consent by TIM. In the event of an increase, payment is based on the actual number of participants.
8.1. If defects occur in TIM's services or if the service is disrupted, the organiser must report this immediately on discovery (knowledge) so that TIM has the opportunity to remedy the situation as quickly as possible or to ensure that the service complies with the contract. The organiser is also required to inform TIM of the possibility of a particularly high loss being occurred.
8.2. TIM is liable for damage to life, limb and health as well as for breach of obligations arising from the nature of the contract (cardinal obligations) in accordance with the statutory provisions. TIM is liable for other damages only in the event of grossly negligent or intentional breaches of duty.
8.3. Damages for breaches of a cardinal obligation are limited to the foreseeable damage typical for this type of contract.
3.5. In all other respects, compensation for damages - except for damages under section 8.2. Sentence 1 - limited to three times the price of the agreed payment unless the damage was caused intentionally or through gross negligence.
8.4. Exclusions and limitations of liability apply to claims for damages in addition to and in lieu of performance, irrespective of the legal grounds. They apply in particular to liability for breach of duty and tort. Exclusion of liability and limitation of liability also applies to claims for reimbursement of expenses.
9.1. TIM's failure to exercise a right does not constitute a waiver of its right to assert that right in the future.
9.2. In the event of force majeure and other significant barriers to the performance of services for which TIM is not responsible, both contracting parties may terminate the contractual relationship without liability.
9.3. Photographs and video recordings for commercial purposes may only be made with the prior written consent of TIM.
9.4. Newspaper and internet advertisements referring to events at Tropical Islands are only permitted with the written consent of TIM prior to publication.
9.5. Amendments or supplements to the contract must always be submitted in writing. This also applies to the waiver of the written form requirement.
9.6. To the extent that the written form is required under these General Terms and Conditions, it shall be considered adhered to by email, letter, post or fax.
9.7. Insofar as individual provisions of these General Terms and Conditions or of the respective contract are invalid, this will not affect the remaining provisions. The parties shall replace the invalid provisions with provisions that most closely approximate the intended economic purpose.
9.8. Place of performance and payment is TIM's registered office.
9.9. German law applies.
9.10. The exclusive place of jurisdiction - including for any disputes regarding cheques and bills of exchange - is TIM's registered head office, provided that the organiser is a business person or does not have a general place of jurisdiction in Germany. This does not apply to the validity of the European Community regulation on jurisdiction and the recognition and enforcement of decisions in civil and commercial matters (EuGVVO).
Krausnick, February 22nd, 2012