CONDITIONS OF TRAVEL
This document is an English-language translation of the original German-language terms and conditions. The German version of the document will have primacy in application.
1. Completion of the travel contract1.1
The description of travel services provided on the Website does not constitute a contractual offer of any kind. The completion of the travel contract becomes legally binding as soon as the customer enters his or her data into the booking form (following selection of the relevant property) and clicks the button “Finish”
, or completes the contract with Viator by telephone, or via any other method. The travel contract comes into effect only if Viator communicates a corresponding travel confirmation in writing to the customer (a prior confirmation of the submission of the reservation, and/or a confirmation of a position on a waiting list does not constitute the completion of the contract). The customer is bound to the terms of his or her application until it is accepted by Viator, up to a maximum of 14 days after the application submission date. 1.2
The individual contractual services for which Viator is liable in relation to the confirmation
(as mentioned above in paragraph 1), are explained (within the context of the contract completed by the customer) through the underlying offer
, and the general and selected property-specific Website content, that are also partially described in section 6 of these terms and conditions. Any special agreements with Viator, that should also be confirmed in writing, take precedence.
2. Data protection
Viator collects and stores customer data
exclusively for the processing and completion of a contract, for customer service, and for advertising purposes (Viator’s own advertising only) within the context of customer care. Viator will only supply customer data to a third party if required for the fulfillment of the contract or compliance with relevant legislation.
The customer can veto
the use of his data for advertising purposes at any time (§ 28 exp. 4 Federal Law for Data Protection). A short written note is sufficient for this purpose, as it is to exercise additional rights in accordance with §§ 34, 35 of the Federal Law for Data Protection
. Contact details can be found at the end of this terms and conditions document.
3. Confirmation document/ Deposit / PaymentAll payments relating to the total travel price are only due after the receipt of the insolvency protection certificate, which Viator sends together with the booking confirmation
Upon receipt of the insolvency protection certificate, a deposit of 20% of the total travel costs becomes due. The outstanding balance becomes due 24 days before the occupancy begins
. If the full amount of the travel costs is not paid within this timeframe, Viator is not obliged to provide the services stipulated in the contract.
4. Price changes4.1
The travel prices were calculated in June 2016
. Viator is entitled to increase the travel price after
the contract has been completed in relation to new or additional costs unforeseeable by Viator, incurred through circumstances beyond Viator’s control: variations in exchange rates relating to the travel booking; fees for specific services;
occupancy and public admission fees.4.2
Price increases are only justified
if the time elapsed between the completion of the contract and the travel start date is longer than 4 months
The travel price can only be increased by the amount caused
by the factors mentioned in Paragraph 4.1. If the price increase affects an entire group of travellers, a per head average will be applied, using either the actual expected number of participants, or the initially calculated average number of participants – whichever is least expensive for the customer. 4.3
Viator must communicate any price increase immediately as soon as the reason for the increase is known to it, and not later than the 25th day before the travel start date
If the price increase is more than 5%
of the original price, the customer is entitled to cancel the booking without financial penalty. Instead, the customer can exercise his or her right according to Sentence 3, Paragraph 4 § 651 of the BGB (replacement travel). The cancellation or the request for replacement travel must be communicated immediately
or the travel agency contracted by the customer.
5. Customer withdrawal /Rebooking/Additional costs 5.1 In the event of withdrawal (cancellation) by the customer
before the start of the confirmed occupancy, and prior the dispatch of the cancellation invoice, Viator has the right to decide between the exact amount of compensation calculated either according to § 651 i Paragraph of the 2 BGB, or based on the flat-rate fees listed below.
The decision, once made, can only be changed by Viator with approval by the customer.
The applicable flat-rate fees are as follows:
Up to and including the 60th day before the start of the confirmed occupancy 20%
From the 59th day up to the 22nd day 40%
From the 21st day 80%
of the contract price (based on the final price excluding optional services such as the provision of linen). The sum is calculated upon receipt of the cancellation notice.
The customer is free to prove that no amount or a much smaller amount than the requested sum should be incurred. 5.2 Rebooking
(e.g. accommodation or occupancy dates) is only possible through cancellation of the original booking
according to the terms of Paragraph 1 of these terms and conditions (withdrawal compensation) and the simultaneous completion of a new booking. Every rebooking is subject to the availability of the requested services.
6. Accommodation requirements/Deposit /Customer responsibilities/Cleaning6.1
The booked accommodation is available to the occupants between 3pm on the arrival date until 12 pm on the day of departure. The handover of keys/pincode and linen (if applicable) takes place at the Viator- service centres in Keflavik or Egilsstadir. A valid credit card (VISA or MASTERCARD) is required as security (deposit), in addition to the signature on the accommodation contract. Viator is not obliged to provide access to the booked accommodation without the security provided by the submission of valid credit card details. 6.2
All accommodation is non-smoking. Only guests who are booked with Viator are allowed to stay in the rented accommodation. Camping is not allowed on any property belonging to the rented accommodation. Guests are only allowed to stay in the rented accommodation with prior approval from Viator, and are generally not allowed to use sofas, beds or any of the sanitary and sauna facilities. For any overnight stay, customers are requested to use their own linen as bedding, or book it through Viator. In Iceland it is not culturally acceptable to wear outdoor shoes indoors. Customers are responsible for cleaning the property before departure. Pets are not allowed.6.3
The customer is required to treat the rented property and its contents with great care. The travel price covers only general wear and tear through the duration of the stay, not any substantial damage caused.
Any damage needs to be reported on the day of departure or earlier. Should the property not be thoroughly cleaned on departure (see Paragraph 6.2), Viator is entitled to charge the customer for professional cleaning. It is important to mention that any repair costs relating to damage caused by the customer and/or final cleaning can be very expensive, due to the long distances that need to be covered by the cleaning and repair contractors.
7. Cancellation due to unforeseeable circumstances7.1
Should the booked occupancy be significantly affected, endangered or made more difficult due to an Act of God
that was not foreseeable when the contract was signed, both the customer and Viator are entitled to cancel the reservation.
The legal rights and obligations relating to cancellation under these circumstances are set out in the legal requirements (see paragraph 14)7.2
Viator is entitled to cancel the booked occupancy before or during the stay if there is an important reason as long as it complies with the legal regulations (based on German law § 314 BGB). In particular, an important reason can be defined as behavior of the customer that strongly endangers or disturbs the occupancy and where a warning has not or will not change the situation.
Viator’s cancellation terms are explained in section 10.2.
8. Liability of Viator8.1
The contractual liability of Viator for damage, excluding bodily injury
, is limited to three times the total cost of the booking
, as long as
a) damage is caused neither deliberately nor by gross negligence.
b) the damage is caused by a subcontractor and Viator can solely be held responsible for that reason. 8.2
excluding any bodily injury, the liability of Viator for compensation relating to illegal acts
, as long as this is not a deliberate act or an act of gross negligence, is limited to three times the original travel costs. Viator has unrestricted liability for damages up to €4,100.00.
9. Obligations and rights of the customer in case of inadequate services9.1
Should the services not be provided to the standard described in the contract, the customer is entitled to demand corrective action
. Viator is entitled to reject that action, should it require a disproportional effort.
Should Viator not provide redress within a customer-defined but realistic timeframe
, the customer is entitled to take the necessary remedial action him- or herself, and claim any associated costs back from Viator. The setting of a deadline is not required if Viator refuses to supply redress, or if immediate remedial action is necessary in the special interests of the customer.
For more detailed information about the additional rights of the customer to take independent remedial action, please also refer to the information on emergency numbers and damage procedures in the offer and travel documents. 9.2
For the duration of the provision of a service that does not meet the standards defined within the terms of a contract, the customer is entitled to reduce the travel costs. The entitlement does not apply if the customer fails to explicitly report the inadequacy of the service .9.3
If it is intolerable for the customer to start or continue an occupancy due to a fault or a fault worsens the quality
of the occupancy considerably, the customer is entitled to cancel the contract within the terms of the relevant legal regulations. Prior to that, the customer has the opportunity to set a realistic deadline for the resolution of the problem The setting of a deadline is not necessary if it is not possible to provide a solution, if Viator refuses to provide the requested solution, or if the immediate cancellation of the contract is warranted in the special interests of the customer.
10. Rights and responsibilities of local representatives10.1
Local representatives are contracted to deal with service failures during the travel period and solve them as long as a solution is deemed possible and necessary. They are not permitted or entitled to accept or approve compensation claims against Viator. 10.2
The cancellation of the travel contract by Viator (for example due to Acts of God) can also be communicated by the local representative. Viator has given them full permission
to do this on its behalf.
11. Entry and health regulations
Information about such regulations and relevant time periods refers to the information regarding requirements for citizens of European Union member States, as available at the time the travel is offered. In the case of non-standard or other special personal circumstances (e.g. double nationality, statelessness) it is recommended that enquiries be directed to the relevant embassy.
12. Claim conditions/exclusion period/limitation12.1
The customer must make Viator
aware of any outstanding contractual liabilities
in relation to inadequate provision of travel services according to §§ 651 c to 651 f of the BGB within one month of the end of the travel period, as set out in the original contract – please see the contact details at the end of this terms and conditions document. It will only be possible for a customer to make a claim after this deadline if they can prove special extenuating circumstances beyond their control12.2
The liabilities defined in paragraph 1 sentence 1 are limited to one year
, excluding liabilities for bodily harm or liabilities caused by deliberate acts and negligence. These contractual liabilities are limited to two years. The limitation begins on the last day of the contracted travel period.
13. Validity of the description of contractual services
The description was finalized on 06/2010 and is only provided according to the circumstances known at the time, and misprints can occur even when the greatest care is taken to avoid them. Viator reserves the right to make unilateral changes as long as the contract between Viator and the customer has not yet been completed.
Additional legal regulations also apply to travel booked with Viator, in particular §§ 651 a ff of the civil law regulations (BGB), in as far as German law applies to the contract.
Viator Summerhouses GmbH
Telefon: +49 89 242112-50
Telefax: +49 89 242 112-20
Handelsregister: Amtsgericht München HRB 189910