General Terms and Conditions of Music Travel by JM GmbH
Scope
These general terms and conditions apply to all contracts between us, Music Travel by JM GmbH, and the traveller in the sense of §§ 651a ff. BGB (German Civil Code), hereinafter referred to as the customer, whose subject matter is the provision of travel services. They can be found on our website www.musictravelhideaways.com and will also be sent to the customer in paper form upon request.
The provisions of the specific travel contract and any individual agreements contained therein take precedence.
By booking a trip, the customer accepts these general terms and conditions as binding.
Contracting party of the travel contract, contracting party of any third-party services procured
The customer's contracting party is Music Travel by JM GmbH as the tour operator, provided that Music Travel by JM GmbH does not exceptionally act as a mere travel agent (see point 2.2). As a tour operator, Music Travel by JM GmbH provides the travel services offered to the customer as its own services in its own name.
In individual cases or at the customer's request, Music Travel by JM GmbH also arranges third-party travel services, such as additionally arranged excursions or events that do not belong to the travel services offered by Music Travel by JM GmbH itself. In this case, Music Travel by JM GmbH acts only as a travel agent. Such third-party services are explicitly identified by Music Travel by JM GmbH in the travel description and travel confirmation as brokered third-party services; the provider and thus the contractual partner of the customer with regard to the third-party service is the third party offering the service. The identity and contact details of the third party will be provided to the customer when the booking is made. The content of the third-party contract brokered by Music Travel by JM GmbH is based on the respective contractual and business conditions of the third party.
Music Travel by JM GmbH points out that any additional services booked by the customer on the spot with a third party without the involvement of Music Travel by JM GmbH, which are not part of the travel contract concluded with Music Travel by JM GmbH, are not the responsibility of Music Travel by JM GmbH. This also applies if the customer books the additional service from a provider who is (also) involved in the fulfilment of the travel contract with Music Travel by JM GmbH. The local service providers (transport companies, ship operators, hotels, etc.) commissioned by Music Travel by JM GmbH to fulfil the travel contract are not authorised to agree additional services, make assurances, make changes to the services agreed in the travel contract or to.
The customer cannot derive any rights from Music Travel by JM GmbH from corresponding statements or actions by the service provider. The legal relationship between the customer and the third party with regard to such an additional service is governed solely by the third-party contract.
Services of Music Travel by JM GmbH, conclusion of the travel contract, travel confirmation, travel documents
Music Travel by JM GmbH enables the customer to put together an individual trip based on a modular principle and a range of travel services. The presentation of the portfolio of services from Music Travel by JM GmbH on www.musictravelhideaways.com or in our travel brochures, catalogues or flyers is therefore to be understood as travel inspiration and is therefore initially only exemplary and non-binding.
The travel contract between the customer and Music Travel by JM GmbH is concluded as follows: The customer contacts us by email, telephone, post or using the contact form on our website and informs us of their travel destination and specific travel requirements or the key details of a trip they would like to take but have not yet planned in detail. In order to respond to the request, we require the customer's full name and email address. On the basis of the information provided by the customer, we create an individually tailored package of travel services (‘travel package’) from our portfolio and send it to the e-mail address provided by the customer. As soon as the customer has provided us with their full address details and the details of any other travel participants and children travelling with them, we personalise and update this travel package and send it to the customer. The sending of the travel package and the personalised travel package to the customer is free of charge and does not constitute an offer from Music Travel by JM GmbH in the legal sense. Only the booking of the personalised travel package by the customer constitutes a binding offer by the customer to Music Travel by JM GmbH to conclude a travel contract; the booking must be made in writing by email or in writing by post.
As soon as we confirm this booking in writing by email or, at the customer's request, by post/in writing, and expressly accept the customer's offer, the travel contract comes into effect. As a rule, our travel confirmation is sent promptly. It summarises the details of the booked trip and thus the travel contract again. Music Travel by JM GmbH strongly advises the customer to check the travel confirmation carefully for any errors and to inform us immediately if there are any deviations from the booking made. If the content of the travel confirmation differs from the booking, this constitutes, according to § 150 para. 2 BGB (German Civil Code), the rejection of the customer's offer with a simultaneous new offer from Music Travel by JM GmbH with the differing content of the travel confirmation, to which we are bound for a period of 10 days. If the customer does not object to this and makes a payment or deposit in accordance with
Section 4, or begins the journey, it is assumed that the customer tacitly accepts this offer with the content of the travel confirmation.
The travel documents required for the trip will be sent to the customer, unless otherwise agreed, in good time before departure by email or post. If the customer has not received the travel documents at least 7 days before departure (or for shorter-term bookings up to 2 days before departure), he is obliged to inform us immediately.
Any additional agreements made after the conclusion of the travel contract are only binding if they have been confirmed to the customer by Music Travel by JM GmbH by email or post; purely verbal statements do not become part of the travel contract. Please note that only Music Travel by JM GmbH itself is entitled to conclude additional agreements with binding effect for Music Travel by JM GmbH.
Music Travel by JM GmbH has taken out insolvency insurance with R+V Allgemeine Versicherung AG to safeguard customer funds.
The travel registration for minors must be carried out by their legal guardians. Unless otherwise agreed in writing between Music Travel by JM GmbH and the legal guardian, minors may only participate in the trip if they are accompanied by a legal guardian, or a supervisor named by the legal guardian.
The content of the travel contract, including the applicable travel conditions, is stored by Music Travel by JM GmbH. The current travel conditions are also available at www.musictravelhideaways.com.
Payment of the tour price, deposit, child discount
With the booking confirmation, the customer receives a corresponding travel price security note in accordance with §§ 651r, 651s BGB (see 3.6) as well as an invoice for the travel price and the deposit to be paid in accordance with point 4.2. The deposit is due within 14 days of receipt of the invoice, and the final price is due no later than 28 days prior to departure. However, payments on the tour price are not due before the customer has received the travel price security certificate. The final price is not due as long as Music Travel by JM GmbH still has the right to withdraw from the contract due to failure to reach an agreed minimum number of participants.
The deposit is regularly 20% of the tour price. Music Travel by JM GmbH can demand a higher deposit in individual cases if we have to incur our own expenses for the specific travel contract immediately after the contract is concluded or if we have to meet due claims from service providers in the amount of the higher deposit, and this as well as the amount of the deposit that is then due are expressly stated in the travel description and travel confirmation.
If the contract is concluded less than 28 days before departure, the full travel price is due immediately upon receipt of the travel price guarantee certificate, provided that the customer has received the travel documents by this time, otherwise immediately upon receipt of the travel documents. If the trip does not last longer than 24 hours, does not include an overnight stay and the travel price per customer does not exceed €500.00, payments on the travel price may be requested even without the delivery of a security certificate. In this case, the full travel price is due within 14 days of receipt of the invoice.
The following payment methods are available: payment by bank transfer to the bank account specified in the invoice, payment by credit card, payment by SEPA direct debit, payment by instant bank transfer. For payment by credit card or instant bank transfer, we provide the customer with a link to a secure online payment page of a corresponding payment provider in the e-mail in which we send them the travel confirmation and invoice. When paying by SEPA direct debit authorisation, the customer must provide Music Travel by JM GmbH with a SEPA direct debit mandate that allows us to debit the customer's account for the respective amounts due. We also attach such a SEPA direct debit mandate to the email in which we send the customer the travel confirmation and invoice. If special fees apply for a particular payment method, these will be indicated in the confirmation email. The payment methods Sofortüberweisung and SEPA direct debit are always free of charge.
Changes to the payment method are no longer possible after payment has been made with retroactive effect for that payment. For payments not yet made, we must be notified of a change in the desired payment method in text form (e-mail, post) no later than 7 days before the due date of the respective amount due for payment, so that we are able to stop in good time any payments already prepared for the due date via the initially selected payment method.
The timeliness of payments to Music Travel by JM GmbH is determined by the date of receipt of payment. If the customer falls behind on the advance payment and/or the final payment of the tour price, Music Travel by JM GmbH is entitled to withdraw from the travel contract after a prior unsuccessful reminder with a reasonable deadline. A flat-rate expense allowance of €1.50 will be charged for each reminder; the customer is at liberty to prove that Music Travel by JM GmbH has incurred no or lesser damage. Music Travel by JM GmbH also reserves the right to assert further claims for damages in accordance with the statutory provisions.
If the customer has issued a SEPA direct debit mandate and the direct debit fails for reasons for which the customer is responsible (e.g. insufficient funds, incorrect bank details), the customer is obliged to pay Music Travel by JM GmbH a flat-rate expense allowance of €6.00 to cover the damage incurred by Music Travel by JM GmbH (in particular return debit fees). The customer is at liberty to prove that Music Travel by JM GmbH has not incurred any or only minor damage.
If a child discount is indicated in the travel description for the travel price, the age of the child at the start of the trip is decisive. If the age is incorrectly stated, Music Travel by JM GmbH is entitled to charge the difference to the applicable travel price if the age is stated correctly, plus a processing fee of €50.00 incl. VAT; with regard to the latter, the customer is at liberty to prove that Music Travel by JM GmbH has incurred no or lesser damage. Music Travel by JM GmbH points out that children under the age of 2 years may not be entitled to a seat when booking a flight according to the specifications of the respective airlines, unless one has been expressly booked for the infant. Should the customer therefore wish to have a separate seat for their infant under the age of 2 years, they must inform us of this when making their travel request.
Cancellation by the customer before departure
The customer may withdraw from the travel contract at any time before departure without stating a reason. The declaration of cancellation is to be addressed to Music Travel by JM GmbH and must reach us. Music Travel by JM GmbH recommends sending the declaration of withdrawal by letter or email for verification purposes. Music Travel by JM GmbH loses the claim to payment of the travel price as a result of the withdrawal, but is entitled to demand a reasonable cancellation fee from the customer, § 651 h para. 2 BGB.
Taking into account the usual saved expenses and the usual possibility of selling the affected travel service to someone else, the following flat-rate cancellation fees are agreed in the event of the customer withdrawing before the start of the trip, provided that Music Travel by JM GmbH does not exercise its right to choose in favour of the specific calculation according to point 5.3 of these travel conditions:
Up to the 45th day before departure: 20%
44th to 30th day before departure: 35%
29th to 14th day before departure: 50%
13th to 5th day before departure: 70%
4. to 2. day before departure: 80%
up to and including the day of departure: 90%in case of non-arrival without prior cancellation: 90%, provided that the non-arrival of the trip under the circumstances, an implied
cancellation of the contract. The customer reserves the right to prove to Music Travel by JM GmbH that no damage or less damage has been incurred by Music Travel by JM GmbH than the flat-rate cancellation fee.
Music Travel by JM GmbH reserves the right to calculate an appropriate cancellation fee for the respective individual case instead of the flat-rate cancellation fee mentioned in point 5.2. An appropriate cancellation fee is determined by the agreed travel price, deducting the value of the expenses saved by Music Travel by JM GmbH and what Music Travel by JM GmbH can acquire by using the travel services elsewhere. In this case, Music Travel by JM GmbH is responsible for proving the calculation and appropriateness of the cancellation fee.
Lump-sum cancellation fees according to point 5.2 or cancellation compensation according to point 5.3 are due within 10 days of receipt of a corresponding invoice by the customer. The timeliness of the payment is determined by the receipt of payment by Music Travel by JM GmbH. Any payments already made towards the tour price at the time of cancellation will be deducted from the cancellation fee or cancellation compensation. If the customer falls behind with the payment, a flat-rate expense allowance of €1.50 will be charged for each reminder; the customer is at liberty to prove that Music Travel by JM GmbH has incurred no or lesser damage.
Music Travel by JM GmbH is not entitled to a cancellation fee or cancellation compensation if unavoidable, extraordinary circumstances at or near the destination significantly affect the performance of the trip or the transport of persons to the destination.
If the customer does not make use of individual contractually agreed travel services that are properly offered to the customer during the trip, for reasons for which the customer is responsible or without reason, the customer has no right to a pro-rata refund of the travel price.
Rebooking, change of customer
The customer has no legal right to rebook after the contract has been concluded (e.g. route changes, trip extensions, booking of additional services or similar), provided that Music Travel by JM GmbH has fulfilled its pre-contractual information obligations in accordance with Art. 250 §§ 1-3 EGBGB. Music Travel by JM GmbH will nevertheless endeavour to fulfil the customer's wishes within the scope of the given possibilities and availabilities. This applies both before departure and if the customer is already in the travel area at the time of the rebooking request.
If the value of the requested changed travel service exceeds the value of the originally agreed travel service, Music Travel by JM GmbH can make the rebooking dependent on the agreement of a reasonable increase in the travel price. Furthermore, the customer is obliged to bear all costs that Music Travel by JM GmbH actually incurs as a result of the rebooking (e.g. cancellation or rebooking fees of individual service providers). Music Travel by JM GmbH will inform the customer of the surcharge on the tour price and the expected costs before making the rebooking. Furthermore, Music Travel by JM GmbH charges a flat processing fee of €50.00 incl. VAT per rebooking request for each customer affected by the rebooking for the expenses incurred by Music Travel by JM GmbH as a result of the rebooking (e.g. notifying the individual service providers, amending travel documents). The customer reserves the right to prove that Music Travel by JM GmbH has incurred no or lesser damage.
In the event of a desired trip extension, please note the validity period of any required visas and existing travel insurance, as well as any other legal requirements associated with a change of travel period.
The customer may name a replacement customer to enter into the travel contract in his or her place up to 7 days before departure at the latest. Music Travel by JM GmbH is entitled to object to the entry of the replacement customer named by the customer if the latter does not meet the contractual travel requirements or if his or her participation is opposed by legal regulations or official orders. Music Travel by JM may demand reimbursement of the additional costs actually incurred as a result of the replacement customer entering into the contract, which must be proven. If a replacement customer enters into the contract, both the original customer and the replacement customer are liable for the tour price and any additional costs incurred as a result of the entry (e.g. airline rebooking fees) as joint and several debtors.
Changes to the travel price and travel services
Music Travel by JM GmbH reserves the right to increase the travel price after the contract has been concluded with the customer if and to the extent that, after the contract has been concluded,
the cost of transport increases due to higher costs for fuel or other energy sources, or
taxes and other fees for agreed travel services such as tourist taxes, port or airport fees, or
the exchange rates applicable to the booked trip change. The reservation of the right to change prices will be indicated in the travel confirmation. We will inform the customer immediately, at the latest 21 days before the start of the trip, of any change in the price of the trip.
The change in the tour price according to point 7.1 of these terms and conditions is calculated as follows: If a transport company claims an increase related to a specific individual seat, the tour price will increase by the amount claimed. If the transport costs for the entire means of transport increase, the tour price will increase by the amount that is proportionally attributable to an individual seat, taking into account the total number of individual seats. This calculation method is also used for increases in other fees, such as port or airport fees. In the event of a change in exchange rates, the tour price shall be increased by the actual additional costs incurred by Music Travel by JM GmbH for the specific tour as a result of the exchange rate change; insofar as the additional costs incurred for specific customers on group tours cannot be determined individually, the amount of additional costs incurred by the customer shall be calculated pro rata according to the number of customers.
The customer can demand a reduction in the tour price in accordance with § 651 f para. 4 BGB (German Civil Code) if and insofar as the prices, taxes, levies and exchange rates mentioned in point 7.1 have changed after the contract has been concluded and before the start of the tour and have led to lower costs for Music Travel by JM GmbH; point 7.2 applies accordingly in this respect. Music Travel by JM GmbH is entitled to deduct the actual administrative costs incurred in this regard from the amount to be refunded to the customer.
Music Travel by JM GmbH reserves the right to subsequently change individual travel services if this change is only insignificant. Music Travel by JM GmbH will inform the customer of this immediately before the start of the trip. A travel service that has been legitimately changed in accordance with this will take the place of the originally contractually agreed service.
If the increase in the travel price reserved in accordance with point 7.1 is more than 8%, Music Travel by JM GmbH cannot change the price unilaterally, but can offer the customer the execution of the contract at the increased price at least 20 days before the start of the trip and set a deadline of at least 7 days to accept this offer or to withdraw from the travel contract. If the customer does not respond within this period, their silence in this case shall be deemed acceptance.
If, after the conclusion of the contract, a circumstance arises for which Music Travel by JM GmbH is not responsible and which means that the travel services can only be provided with significant changes to their characteristics or with deviations from the customer's agreed specifications, Music Travel by JM GmbH can offer the customer the travel services at these significantly changed travel services or an alternative trip before the start of the trip and set a reasonable deadline for the customer to accept this offer or withdraw from the travel contract. If the customer does not respond within this period, his silence in this case is considered acceptance. If the trip with the modified travel services or the replacement trip is not equivalent to the originally agreed travel services, the customer has the right to a reduction (Section 651g (3) sentence 2, Section 651m BGB).
Special right of withdrawal for Music Travel by JM GmbH due to the agreed minimum number of participants not being reached or due to unavoidable extraordinary circumstances
If a minimum number of participants for the specific trip is explicitly stated in the travel description and travel confirmation, Music Travel by JM GmbH is entitled to cancel the trip before the start of the trip due to the minimum number of participants not being reached, and thus to withdraw from the travel contract. Music Travel by JM GmbH will declare such a cancellation no later than 21 days prior to departure, for a short trip of 2 to 6 days no later than one week prior to departure, for a trip of less than 2 days no later than 48 hours prior to departure.
Music Travel by JM GmbH can also withdraw from the travel contract if unavoidable extraordinary circumstances, for which Music Travel by JM GmbH is neither responsible nor able to control, prevent Music Travel by JM GmbH from fulfilling the travel contract. In this case, Music Travel by JM GmbH will declare its withdrawal immediately after becoming aware of the reason for withdrawal.
In the event of cancellation according to points 8.1 and 8.2, Music Travel by JM GmbH will immediately refund the paid travel price.
Travel documents, entry requirements, health regulations, customs, travel warnings
Music Travel by JM GmbH informs customers from the member states in which the trip is offered for booking about any passport and visa requirements, as well as the deadlines for obtaining these documents.
Music Travel by JM GmbH will provide information on health formalities required for entry into or stay in the destination country (such as mandatory vaccinations). For information on any other recommended vaccinations, please contact the Foreign Office, doctors or the Institute for Travel Medicine.
The customer is responsible for obtaining the necessary passports, visas or other entry documents in good time. If the customer has commissioned Music Travel by JM GmbH to obtain these documents for the customer in individual cases, Music Travel by JM GmbH is only liable in the event of culpable violation of its own obligations, but not for the late issue or granting of these documents by the relevant authorities.
Please make sure that all necessary identification documents (ID card, passport or similar) are valid for the duration of the trip and that all children travelling with you also have their own identification document. A ‘child passport’ is not automatically equivalent to a ‘passport’ and is not accepted as an identification document by some countries. Similarly, there may be restrictions or special visa requirements for passports that do not correspond to the most current format.
Music Travel by JM GmbH strongly recommends that all customers carefully check their travel documents for completeness and to ensure that all personal data is correctly listed in all documents. In case of discrepancies in the spelling of personal data, address errors, errors in the date of birth or other errors on documents that may be relevant for entry into or stay in the destination country, please contact the respective issuer of the document immediately so that a correction can be made in good time before departure. If the documents were issued or procured by Music Travel by JM GmbH, we ask the customer to inform us immediately. We would like to point out that even the smallest discrepancies in the necessary travel documents can prevent entry into the destination country or onward travel.
The customer is responsible for complying with any health formalities, carrying all the necessary documents and papers, and complying with customs and foreign exchange regulations.
Travel advice and/or travel warnings issued by the Foreign Office for the respective destination country can be found on the Internet at www.auswaertiges-amt.de or by calling 030 / 5000-2000.
Cancellation of the travel contract by Music Travel by JM GmbH due to violation of the travel contract
Music Travel by JM GmbH is entitled to extraordinary (immediate) cancellation of the travel contract if the execution of the trip continues to be severely disrupted despite a corresponding warning in which the customer has been asked to refrain from the behaviour in question. The same applies if a customer continues to act in breach of contract despite a corresponding warning to such an extent that the continuation of the trip is no longer reasonable for Music Travel by JM GmbH and/or any travel group travelling with the customer.
In the event of cancellation according to the above paragraph, Music Travel by JM GmbH retains the claim to the agreed travel price, but must take into account the value of saved expenses, any reimbursements from the service providers, and any benefits obtained from any other use of services no longer used by the customer. Any additional costs of early return transport shall be borne by the customer.
Information on the operating airline, procedure in the event of delays or damage to baggage
Music Travel by JM GmbH shall inform the customer of the identity of the operating airline. If the identity of the operating airline is not yet known at the time of booking, we shall initially name the airline that is expected to operate the flight. As soon as the identity of the operating airline is known, the customer shall be informed. Likewise, Music Travel by JM GmbH will immediately inform the customer of any change of the operating airline.
According to Article 31 of the Montreal Convention, the carrier must be notified in writing of the delay of baggage or checked baggage within 21 days after the baggage or goods have been made available to the customer. The air freight carrier must be notified in writing of any damage to baggage immediately after the damage is discovered; for checked baggage, at the latest within 7 days and for cargo, at the latest within 14 days of receipt of the baggage. The deadlines are met if the respective declaration is handed over or sent within the deadline. If the notification period is not met, the customer shall have no right to claim for delayed or damaged baggage, unless the airline has acted fraudulently. Music Travel by JM GmbH recommends not to accept damaged luggage or damaged goods without reservation, but to notify the carrier of the damage immediately, as otherwise it will be assumed that the luggage was undamaged when received.
Travel deficiencies, customer obligations
The customer is obliged to report any travel deficiencies to Music Travel by JM GmbH or to any local tour guide working on behalf of Music Travel by JM GmbH without delay. The contact details of the responsible contact person will be provided to the customer in the travel documents. A notification of defects to a local service provider (e.g. hotel) alone does not replace the necessary notification of defects to Music Travel by JM GmbH itself or to the local tour guide of Music Travel by JM GmbH. In the event of network or communication difficulties, we advise asking a hotel receptionist to call Music Travel by JM GmbH on the local telephone and have it connected.
In the event of a travel defect, the customer can demand a remedy from Music Travel by JM GmbH. If Music Travel by JM GmbH does not provide the remedy within a reasonable period set by the customer, the customer can take remedial action themselves and demand reimbursement of the necessary expenses. No deadline needs to be set if Music Travel by JM GmbH refuses to provide a remedy or if immediate remedy is required due to a special interest of the customer. Music Travel by JM GmbH is entitled to refuse a remedy if it requires a disproportionate effort.
If a trip is defective due to a travel defect, the customer can demand compensation for the duration of the defect in accordance with § 651m BGB and under the conditions of § 651n BGB, unless the customer culpably fails to report the defect immediately in accordance with point 12.1 and Music Travel by JM GmbH was therefore unable to remedy the situation.
In the event of a significant impairment of the trip due to a travel defect, the customer can terminate the travel contract. The same applies if the customer cannot reasonably be expected to travel due to a travel defect for an important reason recognisable to Music Travel by JM GmbH. However, termination is only permissible if Music Travel by JM GmbH has not provided a remedy within a reasonable period set by the customer. The setting of a deadline is unnecessary if a remedy is impossible, if Music Travel by JM GmbH refuses the remedy, or if a special interest of the customer justifies an immediate cancellation. In the event of cancellation, Music Travel by JM GmbH retains the right to claim for services provided and services still to be provided up to the end of the trip (e.g. return transport). With regard to the services no longer to be provided as a result of the cancellation, no payments made in this respect are to be refunded to the customer.
As part of the duty to mitigate damages, the customer is obliged to avoid the occurrence of damage as far as possible and to keep any damage that has occurred to a minimum. He must therefore inform Music Travel by JM GmbH immediately about the foreseeable risk of significant damage, which is not recognisably known to Music Travel by JM GmbH, insofar as this is possible and reasonable for him.
Limitation of liability
Music Travel by JM GmbH's liability to the customer for damages other than damage to body, life or health is limited to three times the agreed tour price.
As a tour operator, Music Travel by JM GmbH is only liable for the contractual provision of its own services as agreed in the travel contract, but not for service disruptions in connection with services provided by third parties that were merely arranged by Music Travel by JM GmbH as external third-party services, or that the customer has booked with third parties without the involvement of Music Travel by JM GmbH (see points 2.2 and 2.3 of these terms and conditions of travel). Claims arising from disruptions to these services are to be asserted directly against the respective third-party provider; Music Travel by JM GmbH is only liable for its own mediation services.
Insofar as international agreements or legal regulations apply to travel services to be provided by certain service providers, according to which a claim for damages arises or can be asserted only under certain conditions or restrictions, Music Travel by JM GmbH may also invoke these regulations vis-à-vis the customer. This applies, for example, if the assertion of a claim for damages under these regulations is subject to a specific time limit.
Travel insurance
The travel contract with Music Travel by JM GmbH does not include any personal insurance for the customer. The costs of such insurance are not included in the travel price. However, upon request, Music Travel by JM GmbH will arrange insurance services from appropriate insurance providers; the costs of the insurance are then to be paid in addition to the travel price.
Music Travel by JM GmbH recommends that you ensure you have adequate insurance cover (such as health insurance for foreign countries, liability insurance, accident insurance) that covers insurance cases in the country of travel. In particular, we recommend taking out travel cancellation and curtailment insurance as well as insurance to cover the costs of repatriation in the event of accident or illness. Such insurance policies are offered, for example, by HanseMerkur Reiseversicherung AG, Siegfried-Wedells-Platz 1, 20354 Hamburg.
Online dispute resolution, applicable law, place of jurisdiction, final provisions
The European Commission provides a platform for online dispute resolution (OS platform) in accordance with Regulation (EU) No. 524/2013 as a central point of contact for out-of-court settlement of disputes between companies and consumers in online business at https://ec.europa.eu/consumers/odr/main/?event=main.trader.register&lng=EN. Music Travel by JM GmbH is not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the law on consumer dispute resolution.
The law of the Federal Republic of Germany applies to all contractual relationships between Music Travel by JM GmbH and the customer. For consumers, this only applies to the extent that they are not thereby deprived of the protection of mandatory provisions of the law of the state of their habitual residence.
The customer can only sue the tour operator at the company's registered office. For complaints by the tour operator against the customer, the customer's place of residence is decisive. For complaints against customers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence is not known at the time the complaint is filed, the place of jurisdiction is the registered office of the tour operator. The above provisions shall not apply if and to the extent that the customer benefits from different provisions that are mandatory under international agreements that apply to the travel contract between the customer and the tour operator, or if and to the extent that mandatory provisions applicable to the travel contract in the EU member state of which the customer is a national are more favourable to the customer than the provisions referred to or the corresponding German provisions.
Should individual provisions of these terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions and the travel contract itself shall not be affected. The invalid clause shall be replaced by the relevant statutory provision.
