General Terms and Conditions
Section 1 – Conclusion of the travel agreement
- By completing the booking, the customer (hereinafter: traveller) undertakes to be bound by the travel agreement concluded by "Bork’s Ferienhäuser GmbH" (hereinafter: tour operator). The agreement is concluded upon the acceptance of the booking (travel confirmation) by the tour operator. If the details of the travel confirmation are different from the details of the booking, such difference represents a new offer by the tour operator, an offer to which the tour operator is bound for a period of 10 days after delivery thereof.
- Section 651a ff of the German Civil Code (BGB) shall be applicable to the travel agreement; the following provisions shall apply only as a supplement thereto.
- The travel confirmation provided to the customer includes a booking voucher that documents the confirmation status of the customer as required by Section 651k of the BGB.
- Vacation houses may be occupied only by the persons listed in the booking and only up to the number of persons indicated in the catalogue. Bringing pets is allowed only to vacation houses marked in the catalogue as allowing pets.
Section 2 – Payment
- 25% of the amount for the vacation house rental falls due upon receipt of the travel confirmation and the booking voucher. The remaining amount (rest of the vacation house rental amount and, if applicable, ferry crossing) must be paid no later than six weeks prior to the start of the trip.
- The tour operator is entitled to withdraw from the travel agreement if the traveller fails to meet the payment obligation or does not meet the payment obligation in a timely manner.
- Travel documents will be posted after receipt of payment.
- In case of bookings made prior to the publication of the catalogue we apply a reservation fee of EUR 25.00, which will be offset if the reservation is confirmed, or forfeited if it is cancelled. Changes to the itinerary are free of charge within up to 10 weeks of the trip.
Section 3 – Services, obligations, responsibilities
- The tour operator only acts as an intermediary on behalf of the house owners and service suppliers.
- The scope of services is detailed in the travel confirmation under consideration of the offer listed in the latest version of the catalogue.
- Vacation homes and boats provided are private property and must be treated with due care. Every vacation home has been furnished and fitted on the basis of the respective taste of its owner. Differences in furnishing are possible and region-specific characteristics in furniture must be accepted. This applies also to potential road access arrangements that partly due to the natural environment do not allow for the vacation home or boat mooring to be reached by car. Not every property is suitable for small children because of its location.
- Beds are often narrower than 75 cm. Wardrobes are not standard equipment in Norwegian bedrooms.
- The quality of the water does not necessarily make it suitable for drinking, and water may become scarce during times of drought.
- The traveller is required to leave the vacation home in a clean condition and for this purpose must carry out a final cleaning, unless otherwise agreed upon or stated in the catalogue or the travel confirmation.
- In the event of an early departure the traveller is required to immediately inform the contact person on site (house owner) or the tour operator.
- The key to the vacation home must be returned to the same place where it was received.
- When using boats, the traveller must adhere to local and posted boating regulations and abide by the safety regulations as instructed by the local contact person.
- Using the boats is at one’s own risk.
Section 4 – Changes to services and prices
Changes to or deviations from the travel services agreed upon which become necessary due to compelling reason after concluding the agreement and which are not caused due to an act of bad faith by the tour operator are permitted, provided that said changes or deviations are not significant and are reasonable for the traveller(s) under consideration of the interests of the tour operator. Provided that the time period between concluding the agreement and the agreed upon travel start date is more than four months, the tour operator reserves the right to change the prices posted and confirmed with the booking in the event of an increase in transportation costs or taxes for certain services such as port or airport fees or a change in currency exchange rates applicable for the respective trip, to the extent to which such increase affects the trip costs per person or per object. In the event of a retroactive change to the trip cost or a considerable change to a significant travel service the tour operator will immediately inform the traveller thereof. Price increases that are demanded as of the 20th day prior to the departure date agreed upon are invalid. In the event of price increases in excess of 5% of the travel price or in the event of a considerable change to a significant travel service, the traveller may withdraw at no cost or demand participation in a journey with at least the same value, if the tour operator is in the position to offer to the traveller such a trip without an additional charge. The traveller must exercise the aforementioned rights against the tour operator immediately after the declaration by the tour operator concerning the price increase or the change in service.
Section 5 – Withdrawal of the traveller
- The traveller is entitled to withdraw from the travel agreement at any time prior to the start of the journey (Section 651i of the BGB). In the event of such withdrawal, the tour operator is generally entitled to demand the following compensation: In the event of a withdrawal up to the 46th day before the trip 25% of the trip price, starting on the 45th day 50% of the trip price, starting on the 35th day before the trip 80% of the trip price and starting on the 3rd day before the trip 90% of the trip price.
- Up to the start of the trip the traveller can demand to have a third person assume his or her rights and obligations arising from the travel agreement (Section 651b of the BGB).
- The traveller is free to prove that no damage had been caused or that it is considerably lower.
Section 6 – Withdrawal and cancellation by house owners or the tour operator
- The house owner and the tour operator are entitled to cancel the travel agreement without notice if the traveller, despite an adequate warning by the house owner or the operator, causes considerable disruption to the trip. The same applies if the traveller does not comply with the agreement to an extent that justifies the immediate cancellation of the agreement. The tour operator does, however, retain the right to the trip price. The traveller causing disruption to the trip is responsible for any potential additional costs incurred in connection with his return trip. The operator, however, must allow to be invoiced for the value of saved costs as well as any advantages that were obtained by using the unused services for a different purpose, including potential refunds by service providers.
- The house owner and the operator are entitled to withdraw from the trip up to 4–7 weeks prior to the beginning of the trip if the minimum participant number indicated in the travel confirmation and in the service description is not reached. The operator will of course inform the traveller if it becomes apparent at an earlier time that the minimum participant number will not be reached. The traveller will immediately receive a refund for the trip price. The operator, however, is not entitled to withdraw from the trip if the operator is responsible for the circumstances that cause such withdrawal (e.g. calculation errors) or if the operator is unable to provide evidence for such circumstances. The withdrawal notice will immediately be sent to the traveller.
- In the event of a withdrawal by the operator pursuant to Section 2, the traveller is entitled to demand participation in a different journey with at least the same value, if the operator is in the position to offer to the traveller such a trip without an additional cost to the traveller. The traveller must exercise this right immediately following the withdrawal notice by the operator. If the traveller does not take advantage of the right to participate in a trip of equal value, the traveller will immediately receive a refund of the trip price.
Section 7 – Extraordinary circumstances and acts of God
In the event of a cancellation of the travel agreement due to an act of God we refer to Section 651j of the BGB.
Section 8 – Redress, reduction of cost, termination
- If a travel service is not provided or is not provided in accordance with the terms of the agreement, the traveller is entitled to redress. The house owner can provide redress by offering a replacement service at the same or at a higher value. The house owner can deny redress if such redress requires a disproportionate expense.
- If within a reasonable time limit established by the traveller the house owner does not provide redress, the traveller is entitled to find a remedy and demand a refund for the necessary expenses. No notice period or deadline is required if the redress is refused by the tour operator or if the immediate redress is offered on the basis of a special interest of the traveller.
- The traveller can demand a reduction of the trip price from the house owner, if travel services were not delivered or not delivered in accordance with the agreement and if the traveller did not neglectfully omit to inform the operator of such defect.
- If as a result of a defect the trip is considerably impacted and if the house owner does not remedy such defect within an appropriate time limit, the traveller may cancel the travel agreement within the scope of statutory provisions (to protect the interests of the travellers and for reasons of providing evidence written cancellations are recommended). Establishing a deadline for redress is not required only if redress is impossible or declined by the tour operator, or if the immediate cancellation of the agreement is justified by a special interest of the traveller. If the agreement is terminated thereafter, the traveller retains the right to claim a return transport. The traveller owes to the tour operator only part of the trip cost applicable to the services accessed, provided that such services were of interest to the traveller.
- In the event of any potential defects at the vacation site the traveller must immediately inform Borks Ferienhäuser GmbH so that remedy can be provided.
Section 9 – Liability
The contractual liability of the tour operator for any damage, excluding bodily injury, is limited to three times the trip cost, provided that the damage caused to the traveller was due neither to malice nor to gross negligence or if the tour operator is responsible for a damage suffered by the traveller exclusively due to a fault of a service provider (e.g., transportation company, owner of a vacation home).
Section 10 – Insurance
Participants are responsible for their own insurance coverage. The tour operator recommends trip cancellation insurance. Furthermore, it is recommended that travellers take out travel insurance that covers luggage, accidents, health costs and liability.
Section 11 – Ineffectiveness
The ineffectiveness of individual provisions does not result in the ineffectiveness of the entire agreement. Information of all kinds is provided in good faith but without any guarantees.
Section 12 – Operator
Borks Ferienhäuser GmbH
Osterfelder Straße 9a
Phone: +49 (2041) 7783-56
Fax: +49 (2041) 7783-58
Managing Director: Sven Bork