General terms and conditions

The small print

 

  1. Travel conditions

 

The following travel conditions supplement the legal relationship between you/your group and YOUNGSTAR TRAVEL GmbH (hereinafter referred to as YOUNGSTAR or the tour operator). Upon conclusion of the contract, these conditions become part of the travel contract.

 

  1. Conclusion of the travel contract

 

For participants who are minors, a contract is only concluded with the consent of their parents or legal guardians. By registering, you make the tour operator a binding offer to conclude a travel contract. Registration can be made in writing, by fax or electronically. The travel contract is concluded when YOUNGSTAR accepts the booking by written confirmation/invoice within 2 weeks.

 

  1. Payments

 

Youth trips: after receiving the link to the personal customer centre, the full trip price must reach us no later than 14 days before the start of the trip. For short-notice bookings (from 14 days before the start of the trip), the full trip price is due immediately. Group/school trips: after booking, 20% of the estimated total trip price is due approx. 12 weeks before departure. Please refer to the booking confirmation/invoice for the exact amount and due date. The balance is due no later than 14 days before the start of the trip. You will receive an updated invoice with the travel information approx. 4 weeks before the start of the trip.

  1. Services

 

The scope of the contractual services is set out in the description of services in the travel confirmation. If the description of services shows that individual services or complete trips of third parties are merely arranged, these third parties provide the service(s) on their own responsibility. If the traveller(s) do not make use of individual or all travel services as a result of early departure or despite the opportunity to do so, the equivalent value will not be refunded. Ski passes cannot be refunded pro rata as a matter of principle, not even with a medical certificate.

 

  1. Changes to services and prices

 

Changes to individual travel services from the agreed content of the travel contract which become necessary after conclusion of the contract and which were not brought about by the tour operator in bad faith are permitted, provided that the deviations are insignificant and do not impair the overall character of the trip. In the event of a significant change to an essential characteristic of a travel service or a deviation from specific requirements that have become part of the travel contract, the customer is entitled, within a period set by YOUNGSTAR at the same time as notifying the change, either to accept the change or to withdraw from the travel contract free of charge, or to request participation in a substitute trip if YOUNGSTAR has offered such a trip. If at least four months lie between conclusion of the contract and the start of the trip and unforeseeable cost increases (fuel prices, road tolls or similar) arise during this period, YOUNGSTAR is entitled to demand a corresponding increase in the price, stating the specific cost increase. This calculation for price adjustment/cost increase applies to cost increases up to the 21st day before departure and must be communicated to the customer in writing without delay, stating the reasons.

 

  1. Cancellation

 

The customer may withdraw from the booked trip at any time before the start of the trip; for evidence purposes, the cancellation should be made in writing. In this case, as well as in the event of failure to start the trip, YOUNGSTAR may demand reasonable compensation, unless YOUNGSTAR is responsible for the cancellation. The date on which YOUNGSTAR receives the notice of cancellation is decisive for calculating the cancellation fees. Youth trips:

 

  • up to the 50th day before the start of the trip: 3% of the trip price per person (but at least 25,- €)

  • up to the 30th day before the start of the trip: 10% of the trip price

  • up to the 15th day before the start of the trip: 30% of the trip price

  • from the 14th day before the start of the trip: 60% of the trip price

  • on the day of arrival: 80% of the trip price.

 

The traveller remains free to prove to the tour operator that no damage or only a small amount of damage has been incurred. (We generally recommend taking out travel cancellation insurance.) School trips/groups (complete cancellation):

 

  • up to the 180th day before arrival, cancellation is free of charge

  • up to the 90th day before the start of the trip: 3% of the total trip price (but at least €10 per person)

  • up to the 60th day before the start of the trip: 10% of the trip price

  • up to the 30th day before the start of the trip: 30% of the trip price

  • up to the 14th day before the start of the trip: 50% of the trip price

  • from the 13th day before the start of the trip: 80% of the trip price

 

Instead of the above flat-rate compensation, YOUNGSTAR reserves the right to claim higher, individually justified compensation if YOUNGSTAR can prove that it has incurred significantly higher expenses than the applicable flat-rate compensation. In this case, YOUNGSTAR is obliged to specify the compensation claimed, taking into account the expenses saved and less any amount YOUNGSTAR has earned through other use of the travel services, and to justify it at the customer's request. If YOUNGSTAR is obliged to refund the trip price as a result of the cancellation, YOUNGSTAR will do so without delay, and in any case within 14 days of receipt of the notice of cancellation.

 

  1. Reduction in the number of participants for school trips/group trips

 

A reduction of up to 20% of the number of participants is possible free of charge up to one day before the deposit is due. For reductions of more than 20%, cancellation fees of €10 per person apply. For changes in the number of participants of up to 5% of the total number up to the day of arrival, no fees are charged. For more than 5% of the total number and from the day the deposit is due, the following cancellation fees per person apply:

 

  • from the deposit due date up to the 90th day before the start of the trip: 3% of the trip price (but at least €10 per person)

  • up to the 60th day before the start of the trip: 10% of the trip price

  • up to the 30th day before the start of the trip: 30% of the trip price

  • up to the 14th day before the start of the trip: 50% of the trip price

  • from the 13th day before the start of the trip: 80% of the trip price

 

  1. Rebooking

 

Rebooking is possible free of charge up to the start of the trip, provided that places are still available on the desired date and that it falls within the same season. However, the rebooking only becomes effective upon written confirmation by YOUNGSTAR, and the cancellation conditions of the original booking apply to the new trip. The customer's statutory right to demand from YOUNGSTAR, by notification on a durable medium, that a third party take over the rights and obligations under the travel contract instead of the customer remains unaffected by the above conditions. Such a declaration is in any case in good time if it reaches YOUNGSTAR 7 days before the start of the trip. However, YOUNGSTAR may object to the change of traveller if the third party does not meet the specific travel requirements or if statutory provisions or official orders stand in the way.

 

  1. Photos and video recordings (youth trips only)

 

By concluding the travel contract, YOUNGSTAR is permitted to use and publish video and photo material taken on all trips. Use is limited to publication on the tour operator's websites, catalogues and advertising flyers for promotional purposes. Of course, material that intrudes on privacy or is otherwise compromising will not be used. If you do not agree to this, please let us know in writing before departure.

 

  1. Duty of supervision and care (youth trips only)

 

By concluding the travel contract, the parents or legal guardians transfer the duty of supervision over their child to the tour operator. The tour operator delegates the duty of supervision to the team of camp leaders. Parents or legal guardians must make their child aware that they are required to follow the instructions of the camp leaders. In the event of serious breaches of these instructions, the participant may be excluded from the trip. In such a case, the parents or legal guardians must collect their child from the destination immediately or bear the costs of the return transport (with an accompanying person if necessary). In the case of unusual illnesses, disabilities or special care needs of the child/young person, the tour operator must be informed in writing in good time before the start of the trip. As one-to-one supervision cannot be guaranteed on site, the tour operator reserves the right in such cases to require a person commissioned by the parents or legal guardians to provide care on site. The costs are borne by the parents or legal guardians.

 

  1. Cancellation by the tour operator

 

YOUNGSTAR may withdraw from the travel contract before the start of the trip, or terminate the travel contract or individual travel services after the start of the trip, in the following cases:

 

  • a) without notice, if the traveller persistently disrupts the trip despite a warning from the tour operator, the tour escort or a service provider, or if they behave in breach of contract to such an extent that immediate termination of the contract or exclusion from individual travel services is justified or continuation of the contract is unreasonable for YOUNGSTAR. YOUNGSTAR retains the right to the trip price, less any expenses saved, and is also entitled to any additional costs for early return transport.
  • b) without notice in the event of late payment by a participant, if despite a written reminder referring to the right of withdrawal they do not fulfil their obligations without delay.

  • c) youth trips only: up to 4 weeks before the start of the trip if a minimum number of 20 participants is not reached. In this case, YOUNGSTAR is obliged to inform the customer without delay that the conditions for not carrying out the trip have been met. The trip price paid will be refunded in full without delay. No further claims can be asserted.

  • d) if neither YOUNGSTAR nor other service providers are responsible for the reasons for the cancellation, or if the trip is prevented by obstacles that YOUNGSTAR cannot remove, or can only remove at disproportionately high cost. In these cases, all payments made will be refunded in full without delay.

  • e) if the trip is made considerably more difficult, endangered or impaired due to exceptional circumstances that were not foreseeable when the contract was concluded (e.g. unrest, natural disasters, etc.), both parties may terminate the contract without notice.

 

For services already provided, or services still to be provided to complete the trip, YOUNGSTAR may demand the proportionate trip price.

 

  1. Liability

 

The tour operator is liable with the diligence of a prudent businessperson for:

a) the conscientious preparation of the trip

b) the careful selection and monitoring of the service providers

c) the accuracy of the descriptions of services

d) the proper provision of the contractually agreed travel services in accordance with local and national customs at the respective destination. The contractual liability of the tour operator for damage that is not bodily injury and was not caused culpably is limited to three times the trip price. The tortious liability of the tour operator for damage that is not bodily injury or damage relating to sexual self-determination and was not caused culpably is limited to three times the trip price. The tour operator is not liable for service disruptions, personal injury or damage to property in connection with travel services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions), if these services were so clearly identified as third-party services in the trip description and travel confirmation, stating the identity and address of the arranging contractual partner, that they are recognisably not part of the tour operator's travel services for the customer and are selected separately. However, the tour operator is liable if and to the extent that a breach of the tour operator's duties to notify, inform or organise was the cause of the customer's damage.

 

  1. Transport

 

Participants are transported by coach companies that hold a licence under the German Passenger Transport Act (PBefG). The company will be named when the travel documents are sent. Luggage is transported in normal quantities, i.e. a maximum of one suitcase/travel bag (see travel information) and one piece of hand luggage per person. The tour operator is not liable for customers' luggage. Travellers must keep an eye on their luggage when changing vehicles. (We recommend taking out luggage insurance.)

 

  1. Duty to cooperate

 

In the event of any service disruptions, the traveller is in any case obliged to do everything reasonable to help remedy the disruption and to keep any resulting damage to a minimum. The traveller is obliged to report complaints in connection with the travel services to be provided by YOUNGSTAR immediately to the local tour management so that they can remedy the situation. If an improvement/solution is not possible within a reasonable time: the tour management is not authorised to acknowledge claims. Together with the tour management, the participant must draw up a written record of the complaints.

 

  1. Exclusion and limitation of claims

 

In the case of bookings of individual travel services, any claims for damages against the tour operator become time-barred after the standard statutory limitation period in accordance with §§ 195, 199 of the German Civil Code (BGB). Otherwise, claims against the tour operator become time-barred 2 years after the statutory start of the limitation period.

 

  1. Invalidity of individual provisions

 

These travel conditions are part of the travel contract. The invalidity of individual provisions of the travel conditions does not result in the invalidity of the travel conditions as a whole.

 

  1. Place of jurisdiction

 

The place of jurisdiction for both parties is – where permissible – Bergisch Gladbach. German law is agreed to apply.

 

  1. Tour operator

 

Unless stated otherwise, YOUNGSTAR TRAVEL GmbH is the operator of the trips. If you are interested, you can obtain information and terms and conditions of other tour operators from us. 

 

Terms and conditions for competitions on Facebook and Instagram

 

(1)     These conditions of participation govern the terms for taking part in the competition and any necessary transfer of rights. The description and procedure of each competition are set out as part of the respective competition on the YOUNGSTAR TRAVEL Facebook page.

(2)     The organiser of the competition is YOUNGSTAR TRAVEL, Am Kuhlerbusch 2a, 51469 Bergisch Gladbach.

(3)     By taking part in the respective competition, these conditions of participation are accepted.

(4)     The competition is in no way associated with Facebook and is not sponsored, endorsed or organised by Facebook.

 

Participation

 

(1)  Employees of YOUNGSTAR TRAVEL and affiliated companies, as well as their family members and relatives, are excluded. All persons aged 10 to 15 at the time of the trip are eligible to take part. Taking part with fake identities or with the identities of third parties is not permitted.

(2)  Eligible participants can take part in the competition by liking the competition post (clicking “Like”) and keeping this like at least until the winners have been selected.

(3)     A further requirement is that a photo is posted that includes YOUNGSTAR TRAVEL in the comments or as a tag.

(4)     Participation is possible until the last day of the respective month, and the winner is determined on that day at 10 pm.

 

Prizes and notification of winners

 

(1)     The winner is the participant whose post has received the most likes at 11.59 pm on the last day of the month.

(2)     Winners will be notified via the Facebook comment function, a direct message on Instagram or in a separate post and asked to send an email to the email address given there, providing their personal details correctly, truthfully and in full. This information is used to send the prize.

(3)     If we do not receive an email from a winner within the specified period, the claim to the prize lapses. In this case, we are entitled to draw a replacement winner.

(4)     Only one prize per participant is possible.

(5)     The prize is not transferable and cannot be exchanged or paid out in cash.

(6)     If circumstances arise for which we are not responsible, the respective winner will accept an appropriate substitute prize. Such circumstances for which we are not responsible include in particular those relating to the sponsors of the prizes.

(7)     Prizes will be sent to the winner by post to the address provided. The risk passes to the winner when the prize is handed over to a carrier. We are not responsible for damage in transit.

 

Grant of rights of use

 

(1)     The participant guarantees that they hold the necessary rights to the uploaded or linked photos. If the participant is not the sole author or rights holder, they expressly declare that they have the rights required to take part in the competition.

(2)     The participant grants us the following simple, non-exclusive rights of use to the photo they have used, unlimited in time and place:

 

  • the right to store the photo on a server;

  • the right to make the photo available to the public in whole or in part via Facebook and our websites, in particular www.youngstar-travel.de;

  • the right to use the photo to advertise our products;

  • the right to edit the photo, although the image must not be distorted.

 

(3)     When using the image, we will credit the author in an appropriate manner, insofar as this is practicable given the specific form of use.

(4)     By accepting the prize, the winner agrees that we may use their name for advertising purposes.

 

Liability and indemnification

 

(1)     If the participant uploads photos, the participant guarantees that they will not submit any content whose provision, publication or use violates applicable law or the rights of third parties.

(2)     The participant indemnifies us against any third-party claims of any kind resulting from the unlawfulness of photos used by the participant. The obligation to indemnify also includes the obligation to fully indemnify the organiser against legal defence costs (e.g. court and lawyers' fees).

(3)     By taking part in the competition, the participant releases Facebook from any liability.

 

Exclusion

 

(1)     A breach of these conditions of participation entitles us to exclude the respective participant from taking part. This applies in particular if the participant provides false information or if photos or other content used (e.g. comments) violate applicable law or the rights of third parties. The same applies to comments that may be regarded as glorifying violence, offensive, harassing or degrading, or that otherwise offend public decency. (2)     If the excluded participant is a winner who has already been drawn, the prize may be withdrawn retrospectively.

 

Early termination and changes

 

We reserve the right to end the competition early, in whole or in part, at any time and without notice, or to change its course, if it is not possible to guarantee the proper running of the competition for technical reasons (e.g. computer virus, manipulation of or errors in software/hardware) or legal reasons (e.g. prohibition by Facebook).

 

Data protection

 

We are responsible for the collection, processing and use of participants' personal data insofar as we process it ourselves. We will only use the information about the participant and their other personal data within the framework of the statutory provisions of data protection law. We will only store, process and use the information to the extent necessary to run the competition or where the participant has given consent. This also includes use for exercising the rights of use granted. The data will be used exclusively to run the competition and will then be deleted. The participant can request information about the data stored about them at any time. In all other respects, our privacy policy applies accordingly, which can be found at /de/datenschutz.

 

Final provisions

 

(1)     Should the conditions of participation contain invalid provisions, the validity of the remaining conditions remains unaffected.

(2)     German law applies. Recourse to the courts to review the draw is excluded.