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Terms and Conditions for Organized Bus Tours

Tour organiser

Weber Tours s.à r.l.
Address: 15, Rue d’Oetrange, L-5411 Canach, Luxembourg
Telephone number: (+352) 356575 – 1
VAT number: LU 23588131
Luxembourg Trade Register registration no. B149233
(does not affect tours with special notes)

1. Completion of travel contracts

1.1. The travel contract, with the travel organiser’s forms (registration and travel confirmation, etc.) in the appendix, including all agreements, ancillary agreements, and specific traveller requests, must be completed in writing. The travel confirmation must be given to the traveller when the contract is completed, or as soon as possible. The organiser is no longer required to do this for bookings at short notice (carried out less than seven working days before departure of the tour). Article 1.1., 1st sentence, is also applicable for online bookings, in this case, the organiser sends a confirmation email directly to the traveller afterwards.

1.2. The traveller is bound for ten days from the moment they register for the tour - if registration was completed by fax, email, or text message for five days. Registration for the tour will be confirmed by the organiser within these timeframes. Short notice booking contracts are completed (two weeks before departure or less) via direct confirmation or directly via admission to the tour.

1.3. Clicking the “book & pay” button for online bookings, means the customer requests the organiser to complete the travel contract. The customer will be informed by email (receipt confirmation) of the receipt of their booking (registration for the tour). Furthermore, indications provided for booking and confirming the tour on the website will be decisive.

1.4. The organiser only makes binding bookings over the telephone (the traveller must have been made aware of this). The travel contract is then to be completed according to article 1.1., 1st sentence of these conditions.

1.5. A tour confirmation after registration constitutes a new request for completion of a contract that binds the organiser for ten days. The traveller may accept within this timeframe.

2. Services provided by intermediaries

2.1. In the event of extra additional services (event visits, etc.), explicitly designated as intermediary services in the travel documents or other declarations, the organiser only acts as an intermediary agent. In the event of travel mediation, the organiser’s contractual responsibility does not apply, unless in the event of personal injuries, deceit or gross negligence, attribution of basic obligations of the intermediary’s travel contract, the existence of reasonable means for signing an insurance or if there is an error in the agreed standard of quality. The organiser as intermediary agent is only generally responsible for mediation but not for the intermediary services themselves. Provisions in article 1 are applicable for completion of the contract.

2.2. Reserved tickets for bus tours are given to the travellers by the driver/guide. Plane tickets are given to the traveller along with other travel documents for air travel. A replacement ticket is not available in the event of loss. If the ticket is lost, the customer is the sole person responsible for this.

3. Passport, visa, and health formalities

3.1. The organiser generally only informs citizens of the European Union state in which the tour is on offer about necessary entry documents, such as passports and visas (as well as deadlines to be observed for their receipt) and about health formalities (vaccinations, etc.) via the catalogue issued to the traveller or before the booking, respectively before departure (as well as amendments that may have occurred in the meantime).

3.2. Once information obligations have been met in accordance with article 3.1. of these conditions, the traveller must take care of all the necessary documents to take part on the tour if the tour organiser has made it clear that they will not issue relevant visas or certificates.

3.3. If the traveller is unable to attend at the start of the tour due to missing personal documents, the traveller is the sole responsible for this if it is their own fault (e.g., for invalid visas or vaccinations that have not been carried out). In this case, articles 9.1.4. and 9.2.1. (cancellation) are applicable.

4. Information obligation

4.1. The organiser is obliged to inform the customer before completion of the contract about basic information about their tour for travel packages  (e.g., prices, excursion destinations, hotels, transport arrangements, reasons for cancellation, etc.) and about their relevant rights, in addition to the obligations listed in article 3.1.

5. Payments

5.1. The traveller owes a 30% deposit upon registration.

The travel contract is only effective upon receipt of payment of the deposit as stipulated.

5.2. The remaining balance is to be paid after receipt of the invoice for the tour which is sent to the customer approximately seven days before departure, if the tour has a set minimum number of participants as indicated in article 15, and in exchange for the remittance of all the necessary travel documents for the tour and/or if determined as such (e.g., vouchers).

5.3. The traveller must directly pay the full amount of the tour for travel contracts completed two weeks prior to departure, in exchange for the remittance of the invoice/necessary travel documents for the tour (e.g., vouchers).

6. Services

6.1. Indications in prospectuses and catalogues are generally binding for the organiser.

If nothing else is indicated in the travel schedule, the organiser’s tours include: 1. Travel in comfortable, modern and well-equipped coaches; 2. Accommodation in selected hotels as well as organised meals as scheduled throughout the tour programme (drinks are not included); 3. Taxes and tips in hotels; 4. Cultural tours and events with guides (throughout the tour); 5. Tours and visits with local guides; 6. All boat tours linked to the tour and scheduled as planned in the travel schedule.

7. Price changes

7.1. Travel packages

7.1.1. The organiser explicitly reserves the right to change information about travel packages and tour prices. Thus, the organiser may request a price increase up to twenty days before the travel package departure if transport costs (fuel costs), charges for specific services such as port or airport charges or a modification of exchange rates for a specific tour were clearly identified as the cause of this increase after completion of this contract.

7.2. Other tours (other than packages)

7.2.1. The organiser explicitly reserves the right to change information about travel packages and tour prices. Thus, the organiser may request a price increase of up to 5% of the total price four months after completion of the contract if transport costs (fuel costs), charges for specific services such as port or airport charges or a modification of exchange rates for a specific tour, were clearly identified as the cause of this increase after completion of this contract.

8. Transfer of tour

8.1. Travel packages

8.1.1. The traveller (transferor) may request the transfer of their rental contract to a third party (transferee) within a reasonable deadline before the start of the tour at extra cost, , as the case may be, on the condition that they satisfy the specific requirements of the tour and that their participation does not go against the legal provisions or administrative decisions, circumstances under which the rental company cannot accept the transfer of the contract. The transferor and transferee are jointly responsible for the payment of the price of the tour and for all additional costs resulting from the transfer of the tour between the transferor and transferee.

8.2. Other tours (other than packages)

8.2.1. The traveller (transferor) may transfer their travel contract to a third party (transferee) before departure of the tour, on the condition that they satisfy the specific requirements of the tour and that their participation does not go against the legal provisions or administrative decisions, circumstances under which the rental company cannot accept the transfer of the contract. The transferor and transferee are jointly responsible for the payment of the price of the tour and for all additional costs resulting from the transfer of the tour between the transferor and transferee.

9. Cancellation by the customer - No-show of customer

9.1. Travel packages

9.1.1. If the price increase is more than 8% of the total travel package price, the traveller is entitled to terminate the travel contract. As the organiser reserves the right to increase the tour price, the traveller is also entitled to a price decrease if the relating costs decrease.

9.1.2. The traveller may cancel the contract without paying cancellation fees and receive a full refund of all the payments received if one of the main elements of the travel package, apart from the price, is changed slightly. If the organiser in charge of the travel package cancels the tour before departure, the traveller is entitled to reimbursement of fees, and compensation , as the case may be.


9.1.3. Furthermore, the traveller may cancel the contract at any time before departure of the tour after expiry of the fourteen-day deadline following completion of the contract, by paying the reasonable and justified cancellation fees.


9.1.4. In the event of cancellation (including partial cancellations), the organiser will invoice for one-off administration fees of 15 € per person and per booking and in addition, as the case may be, the amount of the insurance premium incurred for the cancelled tour. If the booking includes orders for one or more tickets, the price of these tickets (100%) must be paid in full by the customer. If the tour is cancelled due to illness, a medical certificate with the date of the departure date at the latest (outgoing journey) may be submitted by registered post in the event of an appeal for a reimbursement by the insurance company.


The customer is entitled to cancel the tour at any time; however, they are obliged to pay a set compensation fee depending on the price of the tour and considering when this was cancelled.

Cancellation fees:

For tours of several days:
Days:                   Cancellation fees:

90-32                    10%

31-22                    30%

21-07                    60%

06-01                    90%

No-show* 100%.

For one-day tours:

1-3 days before travel date: 100%*
4-7 days before travel date: 50%
Up to 8 days before date of travel: no cancellation fee

*In the event of non-arrival or exclusion from the trip due to the customer's invalid identity documents, a 100% cancellation fee will also be charged.

9.1.5. The day of receipt of the cancellation declaration at the organiser’s office or the booking office is essential for calculating the relevant deadline. The customer must cancel the service in writing.

9.1.6. In the event of a no-show for the tour, articles 9.1.4. and 9.1.5. of these conditions are applicable.

9.1.7. If the travel contract includes plane tickets, cancellation fees for these tickets are determined by the airline company’s terms and conditions in the event of cancellation or no-show for the tour.

 

 

10. Changes requested by the traveller

10.1. If the traveller demands changes to the booking after completion of the contract, the organiser may only invoice the traveller for a one-off administration fee of 15 € on the condition that the organiser cannot justify higher administration fees or compensation based on the tour’s price after deduction of savings for the tour organiser, as well as potential earnings from using the travel services that were initially provided for as part of the travel contract.

11. Changes made by the organiser for travel packages

11.1. Minor changes

11.1.1. The organiser can make minor changes to the contract before departure of the tour, even after completion of the contract, if this measure has been determined beforehand in writing. In this case, the traveller is entitled to request a price reduction if the changes reduce the services, or to terminate the contract after payment of reasonable and justified cancellation fees.

11.2. Essential changes

11.2.1. The organiser can make minor changes to the contract before departure of the tour, even after completion of the contract, that cause a price increase of more than 8% of the total price of the tour and that are based on objective reasons. In this case, the traveller is entitled to request a price reduction if the changes reduce the services, to accept another travel package offered by the organiser after a reasonable timeframe, or to terminate the contract. If the traveller decides to not accept the other travel package proposed by the organiser or to terminate the contract, the organiser must refund the amount of money that had been paid already.

12. Termination due to serious disruption caused by the customer - collaboration obligations

12.1. The organiser is entitled to terminate the rental contract without further delay, if the traveller, even after being warned, continues to disrupt the tour considerably, behaviour which would make any future participation intolerable for the organiser and/or the other participants, or if the traveller does not observe the objectively justified instructions. In this case, the organiser is entitled to full payment for the tour, if this does not result in cost savings or benefitting from using the services, which were initially scheduled in the contract, for other purposes, all of this without affecting the right to damages.

13. Cancellation by the organiser

13.1. The tour organiser reserves the right to cancel the contract before the start of the tour. If this cancellation is not the customer’s fault, all payments are to be refunded to the customer after cancellation of the contract. The customer is not entitled to damages if the contract is cancelled before departure for the following reasons:

- The minimum number (twenty) of participants has not been reached

- If a (“Sprinter-Class”) minibus is used for city breaks, musicals, and short breaks

- Cancellation due to force majeure events, meaning when abnormal and unpredictable external circumstances affect the party that relies on them, and which are inevitable despite due diligence. Overbooking is not considered as a force majeure event.

14. Cancellation due to a force majeure event

14.1. Travel packages

14.1.1. If one of the contract’s essential services cannot be performed by the tour organiser before departure following an event of external nature, the customer who had been duly informed, is entitled to cancel the contract. All amounts already paid will be refunded without any extra charge within fourteen days.

14.2. Other tours (other than packages)

14.2.1. If one of the contract’s essential services cannot be performed by the tour organiser before departure following an event of external nature, the customer who had been duly informed, is entitled to cancel the contract within seven days or to accept an equivalent or higher quality alternative offered by the tour organiser. If the customer cancels the contract, all amounts already paid will be refunded at no extra cost within a month. The customer is entitled to a refund of the price difference if the replacement service is of lower quality.

15. Minimum number of participants

15.1. The announced tours are executed if the minimum number of twenty people is reached. If the minimum number is not reached, the customers are informed about the tour’s cancellation 21 days before departure at the latest.

If the minimum number of participants is not reached for city breaks or short breaks, the tours may nevertheless be executed using a (“Sprinter-Class”) minibus. In this case, the customer is informed fourteen days before departure of the tour.

16. Termination after departure of a travel package

16.1. The traveller may terminate the contract after departure of the travel package without paying cancellation fees if the services are not provided by the organiser in accordance with the set terms in the contract, or if they then have a significant impact on the tour as a whole and if the organiser has not taken remedial action.

17. Tour failures, traveller’s obligations, and rights

17.1. If during the tour an essential service included in the contract may not be guaranteed for any reason, the tour organiser will offer a replacement service of an equivalent standard at least to the initial service, whenever possible. If a higher quality service is provided, the organiser will take care of the extra costs; if a lower quality service is provided, the price difference between the initial service and the service provided will be reimbursed. If the tour organiser is unable to offer a replacement service or if the customer does not accept the alternative on just and reasonable grounds, the organiser is obliged to provide the necessary travel documents for their repatriation if requested - for travel packages, the customer is also entitled to cancel the contract.

17.2. The traveller is entitled to a reduction in the price and/or damages for travel packages, if the services are not provided at all or are not provided according to the set terms in the contract, unless this circumstance is caused by the traveller, a third party or a force majeure event.
17.3. The traveller may take remedial action, if the tour has one or several failures on the condition that they have given the organiser a reasonable time limit to take remedial action and on the condition that the organiser has not done so before expiration of this deadline. The traveller is therefore entitled to the reimbursement of their expenses needed for the remediation. No set deadline is necessary if remedial action is refused, in the event of specific interest shown by the traveller for immediate remedial action, or later, if the organiser is required to take disproportionate measures for an eventual remediation.

17.4. In all the cases as listed in articles 17.1., 1st sentence, 17.2. and 17.3., 1st sentence, the traveller must inform the organiser immediately if travel services are not provided at all or are not provided according to set contractual terms. If the traveller omits to declare the failure, they are not entitled to a reduction on the price of the tour.

18. Processing of personal data

18.1 The completion of a contract between the traveller and the tour organiser means that the tour organiser must collect personal data from the traveller, the processing of which is necessary for the execution of the contract and/or compliance with legal obligations. In such cases, data may be processed, stored, and archived by the tour organiser, it may also be communicated to third-parties or sub-contractors. Any communication of personal data is done so in compliance with Luxembourgish and European Union law and the European Union General Data Protection Regulation (N°679/2016/EU).

18.2 Unless stipulated otherwise, this data includes the traveller’s surname or their representative(s)’s name (if it is a legal entity), a postal address, invoicing address, and email address. However, it is possible that information transmitted by the traveller may cover more fields when this is necessary for the execution of the contract.

18.3 Access to this data will be secured and the tour organiser will inform the traveller of any violation of the data.

18.4 The traveller declares having been informed that they are entitled to access and rectify personal data about themselves at any time in compliance with current legislation in Luxembourg about processing of personal data, as well as the right to refuse processing of their data, which therefore results in the tour organiser’s right to refuse the completion of a contract with them if this data is necessary for the execution of this contract.

18.5 Data may be stored throughout the duration of the contract and ten (10) years after its expiration, without prejudice to any limitation period, legal or regulatory obligation which requires a longer storage period.

19. Price of tickets

19.1. The tour organiser duly informs the customer that the final price of a ticket may vary specifically from the original price printed on the ticket. The price difference is justified by the costs of intermediaries involved as well as high organisational costs regarding purchase and postage of the tickets.

20. Assistance

20.1. For travel packages, the organiser must assist the traveller when they are in difficulty. The traveller therefore receives an emergency telephone number or the contact information, amongst others, of a contact person to contact the organiser or the travel agency that organised the tour.

20.2. If difficulties encountered by the traveller are due to their own fault or actions, or due to their negligence, the organiser reserves the right to charge the traveller for the actual costs of the assistance afterwards.

21. Limitation of responsibility

21.1. The organiser’s contractual responsibility for damages, other than personal injuries, is limited to three times the price of the tour, as long as the damage is not the result of deceit or gross negligence or as long as the organiser is the sole responsible for damages caused to the traveller after a failure/or the actions of a service provider.

21.2. If international agreements are applicable to the services to be provided by a service provider or if there are legal provisions based on these agreements and providing that damages may not be claimed on clearly determined conditions or with limitations, the organiser may base themselves on these relevant agreements and legal provisions regarding the traveller.  

21.3. At least one company is always responsible for the correct provision of all the services as determined in the contract for travel packages.

22. Limitation period

22.1. Claims for insufficient travel services - except for personal injuries - are to be sent by the traveller to the organiser within 30 days (date as per postmark as proof) after the return of the tour as determined in the contract. The traveller may be allowed a longer period if they can prove that an extended deadline is justified.

22.2. The traveller’s right to make a claim as provided for in article 22.1. - except for personal injuries - is generally limited to a year after the end of the tour as determined in the contract. The limitation of a year only takes effect after the traveller has informed the organiser about the failure.

23. Information about insurances

23.1. Coach travel is insured as part of the legal provisions.

23.2. Luggage, holiday accidents, tour cancellation fees, legal protection insurance as well as assistance are included in the price of the tour, unless stated otherwise; dispositions in the previous sentence cannot be applied to excursions (of one day) without tickets for musicals, shows or other entrance tickets.

23.3. According to article L. 225-15 of the Luxembourgish Consumer Code, the tour organiser must provide proof of their financial guarantee. This is provided by the Mutualité Luxembourgeoise du Tourisme, mutual guarantee company (registered on the trade register under the no. B63569) at 7, rue Alcide de Gasperi, L-1615 Luxembourg. For travel packages the traveller may contact this institution or the relevant authority (Ministry of the Economy, small & medium-sized businesses executive management, 19-21 Boulevard Royal, L-2449 Luxembourg, tel.: (+352 247 747000, email: travel@eco.etat.lu) if services are refused due to the insolvency of Voyages Emile Weber s.à r.l. For travel packages payments will be reimbursed in the event of the organiser’s or travel agents’ insolvency, in some Member States. In the event of the organiser’s or the travel agent’s insolvency after departure of the tour, transportation is as planned in the tour contract, thus ensuring the traveller’s repatriation.

23.4. The tour organiser has professional indemnity insurance cover with AXA Assurances Luxembourg, 7, rue de la Chapelle, L-1325 Luxembourg (Trade register No. B53466).

24. Changes to the terms and conditions

24.1. The tour organiser reserves the right to amend these terms and conditions. Eventual changes to these terms and conditions do not apply to the buyer unless they have been informed in writing before completion of the tour contract.

25. Applicable law

25.1. Luxembourgish law and European legislation apply to completed contracts.

26. Conflict resolution

26.1. Disputes about validity, interpretation, execution, or termination of the contract between the tour organiser and the traveller will be referred to mediation in accordance with the Centre de Médiation Civile et Commerciale (CMCC) de Luxembourg’s mediation regulation, the parties declare being affiliated with this centre if an agreement is signed for the purpose of mediation, as provided for in article 1251-9 of the New Civil Procedure Code.

26.2. According to article 1251-9 of the New Civil Procedure Code, the signing of an agreement for mediation suspends the limitation period as long as mediation proceedings are still undergoing.

26.3. If either party decides to no longer pursue their conflict resolution process via mediation by the end of the first hearing in front of the mediator, the obligation to settle disputes via mediation as provided for in these terms and conditions is considered as accomplished and mediation considered to have come to an end as in article 1251-5, paragraph 2, sentence 3 of the New Code of Civil Procedure.

26.4. If mediation did not settle a dispute between the tour organiser and the traveller, in accordance with the Centre de Médiation Civile et Commerciale (CMCC) de Luxembourg’s mediation regulations, the Courts of Luxembourg are the sole competent jurisdiction for handling and settling this dispute.

   

The tour operator has subscribed travel insurance from ‘AXA’ insurance company for you. This may be reserved as an optional extra (at extra cost).

The following services are included:

Risks covered and insured amounts

  • Holiday luggage: 1,250 €
  • Holiday accident:
    • In the event of death: 5,000 €
    • In the event of full and permanent invalidity: 10,000 €
    • Medical costs and hospital treatment costs in the event of accident or illness: 2,500 €
  • Search and transportation costs: 2,500 €
  • Tour cancellation fees: up to 5,000* € maximum per person
    *limited to the tour price indicated on the tour documents. Administration and policy fees excluded
  • Legal protection insurance: 5,000 €
  • Advance payment of bail: 12.500 €

Assistance

  • Transportation and return journey in the event of illness or accidents, in accordance with the doctor’s prescription.
  • Return journey of a travel companion.
  • Repatriation in the event of death.
  • Early return journey in the event of death of a relative or in the event of significant damages to private home.
  • Visit of a close friend or relative if the insured person is hospitalised abroad.

The traveller must contact the organiser’s travel agencies for more information about damages for example.

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