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General
Conclusion of Holiday Contract
Contractual Conditions for the Procurement of Third-Party Services
Payment
Services
Changes of Services and/or Prices
Cancellation/ Termination/ Change of Booking/ Substitute Person
Warranty/Liability
Liability/ Statute of Limitation
Regulations as to Passport/ Visa Issues and Health Regulations
Final Regulations
General Holiday Information
Conclusion of Holiday Contract
Contractual Conditions for the Procurement of Third-Party Services
Payment
Services
Changes of Services and/or Prices
Cancellation/ Termination/ Change of Booking/ Substitute Person
Warranty/Liability
Liability/ Statute of Limitation
Regulations as to Passport/ Visa Issues and Health Regulations
Final Regulations
General Holiday Information
Home > Terms & Conditions
1. General
1.1 The legal relationship between the customer and JASSU-REISEN shall be regulated by the statutory provisions and the following General Holiday Terms. Any customer confirms this condition with his/her holiday registration for his or herself and any other person also registered by him/her.
1.2 Unlike in the case of package holidays, the customer, as s/he arranges his/her own transport, does not conclude a "Reiseveranstaltervertrag" (contract for package holiday) with JASSU-REISEN but an agreement for the provision of a leased property in Greece (agency's agreement for holiday homes). JASSU-REISEN only acts as an agent between the owner of the apartment (or the person authorised by him/her) as landlord and the customer as tenant. The individual services that are procured for the customer will be invoiced to the customer separately and will also be settled separately with the individual service providers.
1.3 If services are invoiced separately, the price of the respective individual service shall be the amount of reference for possible claims under sections 651 d et seqq. BGB (German Civil Code).
2. Conclusion of Holiday Contract
2.1 With his/her booking (holiday registration), the customer bindingly offers JASSU-REISEN the conclusion of a contract. The basis of this offer shall be the holiday offer made in the brochure or on the internet and the additional information provided by JASSU-REISEN for the respective holiday offer, in so far as the customer has been provided with these.
2.2 Booking can be made orally, in writing, via telephone, via fax or electronically (email, internet). In the case of electronic booking, JASSU-REISEN shall immediately confirm receipt of the booking electronically. Such confirmation of receipt shall not yet constitute confirmation of acceptance of the booking order.
2.3 The customer shall be responsible for all contractual obligations of fellow travellers for whom s/he makes the booking, in the same way as for his/her own, in so far as s/he has accepted the obligation in an explicit and separate declaration.
2.4 The contract shall be effected with the receipt of the declaration of acceptance from JASSU-REISEN. There shall not be any specific requirements as to form in respect of the latter. Either upon or immediately after the conclusion of the contract, JASSU-REISEN will provide the customer with a written holiday confirmation. JASSU-REISEN shall not be obliged to provide such confirmation if booking by the customer is made less than 7 working days before the start of the holiday.
2.5 If the terms of JASSU-REISEN's declaration of acceptance deviate from the terms of the booking, then this is a new offer by JASSU-REISEN, which shall be binding on JASSU-REISEN for 10 days. A contract will be effected on the basis of this new offer if the customer - within the period JASSU-REISEN is bound by the offer - declares his/her acceptance to JASSU-REISEN by explicit declaration, payment of a deposit or payment of the outstanding balance.
2.6 The rectification of errors (e. g. printing or calculation errors, etc.) is reserved. Any special demands, bookings under a condition and oral supplementary agreements shall only be valid if confirmed by JASSU-REISEN.vorbehalten. Sonderwünsche, Buchungen unter einer Bedingung und mündliche Nebenabreden sind nur dann gültig, wenn sie von JASSU-REISEN bestätigt werden.
3. Contractual Conditions for the Procurement of Third-Party Services
3.1 JASSU-REISEN procures a variety of third-party services, which are marked in the catalogue as such, e. g. holiday homes, bookings of flights, ferry boat passages, hire cars, transfer by taxi, etc. In so far, the General Terms and Conditions of the respective service provider shall apply. JASSU-REISEN acts as a holiday agency in their name and is authorised to collect any debts.
3.2 With his/her registration, the customer bindingly offers the executing service provider the conclusion of a contract. The contract shall be effected with the service provider's acceptance. The customer shall be provided with a booking confirmation, which in addition to the name of the registered person also states the place and date of the start and end of the holiday, outlines the service booked and states the quoted holiday price.
3.3 In the case of a later cancellation of the respective services, the cancellation fees of the respective service provider shall be applicable, which can be seen from the General Terms and Conditions there.
4. Payment
4.1 JASSU-REISEN may only claim or accept payments on the holiday price before the end of the holiday if the Security Certificate has been handed over to the customer. After conclusion of the contract, a down payment of 30% of the holiday price shall be due for payment against handing-over of the Security Certificate. The payment of the balance shall become due 30 days before the start of the holiday and it must be effected without further request.
4.2 If the duration of the holiday does not exceed 24 hours, if it does not include an overnight stay, and if the holiday price does not exceed EUR 75.00 per customer, payments on the holiday price may be demanded also without the handing-over of the Security Certificate.
4.3 If the customer does not effect the down payment and/or payment of the balance in accordance with the agreed payment deadlines, JASSU-REISEN shall be entitled to withdraw from the holiday contract upon notice after issuing an official reminder of payment and to charge to the customer costs for withdrawing from the contract in accordance with sections 7.2 – 7.7.
5. Services
5.1 The service owed by JASSU-REISEN under the contract is the provision of the booked property in the state and with the equipment as can be seen from the catalogue or its description on the internet, in line with any and all notes and explanations there and/or the property description and possible restricting notes or notes giving additional information or agreements in the contract copy.
5.2 The obligation to perform shall not extend to any circumstances which are not directly related to the property and the services agreed in the contract, including but not limited to the area surrounding the property, the beach and the local conditions in the resort, in so far as JASSU-REISEN does not have any duties to inform or give notice or a duty of care in this respect.
6. Changes of Services and/or Prices
6.1 Any changes of essential holiday services from the agreed terms of the holiday contract which become necessary after the conclusion of the contract and are not brought about by JASSU-REISEN in bad faith shall only be allowed in so far as the changes are not substantial and do not impair the overall structure of the holiday.
6.2 Any possible warranty claims shall remain unaffected in so far as the changed services have any defects.
6.3 JASSU-REISEN shall be obliged to inform the customer of material changes of services immediately after gaining knowledge of the reason for the change.
6.4 In the case of a material change of an essential holiday service, the customer shall be entitled to withdraw from the contract free of charge or to demand taking part in a holiday that is at least of the same value, if the contractual partner is in a position to offer such a holiday without additional cost for the customer from his range of services offered. The customer shall be obliged to assert these rights vis-à-vis JASSU-REISEN immediately after the declaration by JASSU-REISEN on the change of the holiday service or the cancellation of the holiday.
7. Cancellation/ Termination/ Change of Booking/ Substitute Person
7.1 The customer may cancel the holiday at any time before the start of the holiday. The cancellation must be declared vis-à-vis JASSU-REISEN under the address stated at the end of the General Holiday Conditions. If the holiday was booked via a travel agency, the cancellation can also be declared vis-à-vis the latter. We recommend to the customer to declare the cancellation in written form.
7.2 If the customer cancels the contract or if s/he does not go on his/her holiday, JASSU-REISEN loses its claim for payment of the holiday price. JASSU-REISEN may instead demand the payment of a reasonable compensation for the holiday preparations made until the cancellation and its expenses that is calculated on the basis of the holiday price in so far as the cancellation does not lie in its responsibility or if there is a case of Force Majeure.
7.3 JASSU-REISEN graded the above-mentioned claim for compensation according to time, i.e. it is calculated as a lump sum and as a percentage of the holiday price considering the period that lies between the time of the cancellation and the time of the contractually agreed start of the holiday, and any expenses that can be expected to be saved and any expected possible use of holiday services for other purposes are taken into consideration. After the customer’s declaration of cancellation is received, the compensation shall be calculated as follows:
a) Up to the 61st day before the start of the holiday 20 % of the holiday price
b) From the 60th to the 35th day before the start of the holiday 50 % of the holiday price
c) From the 34th to 2nd day before the start of the holiday 80 % of the holiday price
d) In the case of a later cancellation or in the case the customer does not go on the holiday 90 % of the holiday price.
7.4 The customer shall in any case be at liberty to produce evidence to JASSU-REISEN that no damage whatsoever or substantially lower damage has occurred to the latter in comparison to the lump sum claimed by it.
7.5 JASSU-REISEN reserves the right to claim higher liquidated compensation that deviates from the above-mentioned lump sums in specific cases. In this case, JASSU-REISEN shall be obliged to specify and provide evidence on the compensation claimed considering any expenses that were saved and any possible use of holiday services for other purposes.
7.6 Holiday cancellation insurance is offered to the customer with the booking confirmation/invoice by JASSU-REISEN. Insurance may be contracted immediately on booking, however not later than 30 days before the start of the holiday by payment of the stated premium to JASSU-REISEN. If there are less than 30 days between the booking and the start of the holiday, insurance must be contracted within 3 working days after booking. After payment of the premium is received, JASSU-REISEN sends a corresponding certificate of insurance – unless explicitly requested otherwise by the customer – together with the holiday documents after payment of the balance for the confirmed holiday services.
7.7 The customer shall not be entitled to request the change of the time of the holiday, the destination, the place where s/he starts the holiday or the accommodation (change of booking) after the conclusion of the contract. If the booking is nevertheless changed upon the customer's request, JASSU-REISEN may charge a fee for the change of booking amounting to EUR 30.00.
7.8 Requests for changes of booking by the customer after expiry of the deadline, if it is at all possible to meet them, can only be met when the customer first cancels the contract in accordance with sections 7.2 to 7.5 under the conditions and when at the same time there is a new registration. This shall not apply if the requested changes to the booking only cause insignificant costs.
7.9 JASSU-REISEN may cancel the contract before the start of the holiday or terminate the contract after the start of the holiday in the following cases:
a) without notice if the traveller - despite a call to order - substantially disturbs the carrying out of the holiday or if s/he acts contrary to the contract in such a way that justifies the immediate termination of the contract;
b) without notice if the carrying out of the holiday is made substantially more difficult, endangered or imparted as a consequence of Force Majeure or a strike that was unforeseeable at the time of or after the conclusion of the contract.
If JASSU-REISEN terminates the holiday contract pursuant to a), the holiday price shall no longer be due. If JASSU-REISEN cancels the holiday contract pursuant to b), all amounts paid in are refunded to the customer immediately, any further claims shall explicitly be excluded. If JASSU-REISEN terminates the contract pursuant to b) after the start of the holiday, the customer is refunded with the percentage of the holiday price that corresponds to the expenses saved by JASSU-REISEN.
8. Warranty/Liability
8.1 JASSU-REISEN provides the landlord of the holiday home or apartment with the customer’s booking. The description of the holiday home in the catalogue and possible oral holiday advice provided by JASSU via telephone that refers to the latter describes the holiday accommodation to the customer in the state that JASSU-REISEN found it in at its last visit. JASSU-REISEN shall be responsible with the due care of a responsible merchant for
a) thorough holiday preparations;
b) thorough monitoring of the service providers;
c) the correctness of the description of all holiday services in the holiday brochure, in so far as no changes to the information given in the brochure have been declared;
d) the due provision of the contractually agreed holiday services
8.2 JASSU-REISEN shall not be liable
a) a) in cases of Force Majeure, including war, civil war, fire, water, pandemics, strikes, plagues of vermin, orders by a sovereign, oil spills, atomic energy, pollution of the beach or by algae, etc.;
b) for breakdown of energy supply;
c) for local conditions which do not relate to the holiday home or apartment itself or impairments from the surrounding area that cannot be foreseen by JASSU-REISEN, such as noise caused by neighbours, construction activities which started afterwards and not known to JASSU-REISEN, subsequently imposed swimming bans by a government authority.
8.3 If contrary to expectations the customer has reason to complain or if a contractually agreed service is provided in a manner which contravenes the provisions of the contract, the customer shall be obliged to report complaints and services provided in a manner which contravenes the provisions of the contract immediately via telegram, fax or telephone to JASSU-REISEN GmbH, Königswinterer Straße 628, 53227 Bonn, Germany, Tel.: +49 (0) 228/92626-0; Fax: +49 (0) 228/92626-32, so that reasonable measures can be taken to check the complaint and to, whatever is applicable, remedy the defective performance or provide replacement. If the telephone is not answered, the customer shall be obliged to leave a message on the mailbox.
8.4 If the customer, due to his/her own fault, fails to fulfil this obligation, s/he shall not be entitled to any claims in so far. If the customer, due to his/her own fault, does not issue a notice of defect at the place, s/he shall not be entitled to claim reduction of the purchase price or to contractually agreed damages. House owners, keepers of keys, agencies, etc. neither have the function of holiday guides nor are they representatives of JASSU-REISEN, nor are they authorised to recognize claims or to give and/or accept legally binding declarations.
8.5 If the holiday is substantially impaired as a consequence of a defect that was reported in time and if JASSU-REISEN does not remedy the defect within a reasonable period of time or if there is no need for setting a deadline because it is not possible or there is refusal to remedy the defect or if the termination of the contract is justified by a special interest of the customer, the customer in his/her own interest shall be entitled to terminate the holiday contract in accordance with statutory regulations - written form is recommended.
9. Liability/ Statute of Limitation
9.1 The customer shall raise any claims with respect to the provision of services in a manner which contravenes the provisions of the contract within one month of the contractually agreed end date of the holiday vis-à-vis JASSU-REISEN GmbH, Königswinterer Straße 628, 53227 Bonn, Germany, in writing. After expiry of this period, the customer may only raise claims if s/he was prevented from meeting the deadline and this was not his/her fault. The period of exclusion shall not apply to claims from tort.
9.2 Claims by the customer under sections 651 c – 651 f BGB shall become statute-barred after one year. The limitation period shall start on the day the holiday was to end according to the contract. If there are any negotiations on the claim or the circumstances leading to the claim between the customer and JASSU-REISEN, the limitation period shall be suspended until the customer or the holiday organiser refuses to further negotiate. Claims shall become statute-barred 3 months after the end of the suspension at the earliest. Any tort claims shall become statute-barred after 3 years.
9.3 JASSU-REISEN's liability for damage which is not damage to the body shall be limited to 3 times the amount of the holiday price,
a) in so far as customer's damage is neither caused intentionally nor grossly negligently, or
b) in so far as JASSU-REISEN is responsible for damage occurred to the customer only due to a service provider's fault.
9.4 For all claims for damages against JASSU-REISEN from tort which are not founded on fault or gross negligence, JASSU-REISEN shall be liable in the case of damage to the person with up to EUR 76,693.00, in the case of damage to property with up to EUR 4,100.00; if the amount of 3 times the holiday price exceeds that sum, liability for damage to property shall be limited to the amount of 3 times the amount of the holiday price. The maximum liability amounts shall each apply per customer and per holiday. In this context, JASSU-REISEN recommends to contract full and complete insurance cover.
9.5 The assignment of claims of the customer as well as the participants in the holiday in relation with the contract, for whatever reason, to a third party, including spouses, shall be excluded, as well as raising such claims in one's own name before a court.
9.6 JASSU-REISEN's liability shall be excluded or limited in so far as on the basis of international agreements or statutory regulations relating to plagues which are applicable to services to be provided by a service provider liability is excluded or limited as well.
10. Regulations as to Passport/ Visa Issues and Health Regulations
10.1 JASSU-REISEN will inform nationals of a European Community country in which the holiday is offered on provisions of passport, visa and health regulations before the conclusion of the contract as well as on possible changes to such provisions and regulations before the start of the holiday. Nationals of other countries can obtain such information from the competent consulate. Here it is presumed that there are no special circumstances in the person of the customer and possible fellow travellers (e.g. dual nationality, no nationality).
10.2 The customer shall be responsible for procuring and carrying the necessary travel documents, possibly required vaccinations as well as complying with any regulations as to customs clearance and foreign currency. Any disadvantages resulting from the non-compliance with these regulations, e.g. payment of cancellation costs, shall be borne by him/her. This shall not apply if JASSU-REISEN has insufficiently or wrongly informed the customer.
11. Final Regulations
11.1 All information in JASSU-REISEN's catalogues is published subject to statutory or governmental provisions. The details in these catalogues are as on the day of printing. There shall not be any liability for errors in printing, in descriptions and in calculations. Upon the publication of new catalogues, earlier catalogues of JASSU-REISEN on destinations with the same titles and dates shall no longer be valid.
11.2 The invalidity of individual provisions of this contract shall not lead to the invalidity of the contract as a whole.
11.3 German law shall be applicable on the contractual relationship between the customer and JASSU-REISEN exclusively. This shall also apply to the entire legal relationship. If in the case of a lawsuit by the customer against JASSU-REISEN abroad for a holiday organiser's liability, German law is not applied for the cause of the lawsuit, German law shall exclusively be applicable to the legal consequences, including but not limited to the nature, scope and amount of claims by the customer.
11.4 The customer may only file a lawsuit against JASSU-REISEN at the place of its registered office. For claims against customers and/or contractual partners who are merchants, legal persons under public or private law or persons whose registered or usual place of residence is abroad or whose registered or usual place of residence is unknown at the time of the filing of the lawsuit, the venue shall be at the place of JASSU-REISEN's registered office.
Last updated April 2011
JASSU-REISEN GmbH, Königswinterer Straße 628, 53227 Bonn, Germany
Telephone: +49 (0) 228/92626-0, Fax: +49 (0) 228/92626-23
E-Mail: info@jassu.de, Internet: www.jassu.de
Email: info@jassu.de, Internet: www.jassu.com
Commercial register entry number: Bonn Amtsgericht (Local Court) HRB 13663
Umsatzsteueridentifikations-Nr. (VAT registration number): DE 122114496
General Holiday Information
In addition to the "Allgemeine Reisebedingungen" (General Holiday Terms) the "Allgemeine Reiseinformationen" (General Holiday Information) shall constitute an integral part of our offer. You can access them here.
1.1 The legal relationship between the customer and JASSU-REISEN shall be regulated by the statutory provisions and the following General Holiday Terms. Any customer confirms this condition with his/her holiday registration for his or herself and any other person also registered by him/her.
1.2 Unlike in the case of package holidays, the customer, as s/he arranges his/her own transport, does not conclude a "Reiseveranstaltervertrag" (contract for package holiday) with JASSU-REISEN but an agreement for the provision of a leased property in Greece (agency's agreement for holiday homes). JASSU-REISEN only acts as an agent between the owner of the apartment (or the person authorised by him/her) as landlord and the customer as tenant. The individual services that are procured for the customer will be invoiced to the customer separately and will also be settled separately with the individual service providers.
1.3 If services are invoiced separately, the price of the respective individual service shall be the amount of reference for possible claims under sections 651 d et seqq. BGB (German Civil Code).
2. Conclusion of Holiday Contract
2.1 With his/her booking (holiday registration), the customer bindingly offers JASSU-REISEN the conclusion of a contract. The basis of this offer shall be the holiday offer made in the brochure or on the internet and the additional information provided by JASSU-REISEN for the respective holiday offer, in so far as the customer has been provided with these.
2.2 Booking can be made orally, in writing, via telephone, via fax or electronically (email, internet). In the case of electronic booking, JASSU-REISEN shall immediately confirm receipt of the booking electronically. Such confirmation of receipt shall not yet constitute confirmation of acceptance of the booking order.
2.3 The customer shall be responsible for all contractual obligations of fellow travellers for whom s/he makes the booking, in the same way as for his/her own, in so far as s/he has accepted the obligation in an explicit and separate declaration.
2.4 The contract shall be effected with the receipt of the declaration of acceptance from JASSU-REISEN. There shall not be any specific requirements as to form in respect of the latter. Either upon or immediately after the conclusion of the contract, JASSU-REISEN will provide the customer with a written holiday confirmation. JASSU-REISEN shall not be obliged to provide such confirmation if booking by the customer is made less than 7 working days before the start of the holiday.
2.5 If the terms of JASSU-REISEN's declaration of acceptance deviate from the terms of the booking, then this is a new offer by JASSU-REISEN, which shall be binding on JASSU-REISEN for 10 days. A contract will be effected on the basis of this new offer if the customer - within the period JASSU-REISEN is bound by the offer - declares his/her acceptance to JASSU-REISEN by explicit declaration, payment of a deposit or payment of the outstanding balance.
2.6 The rectification of errors (e. g. printing or calculation errors, etc.) is reserved. Any special demands, bookings under a condition and oral supplementary agreements shall only be valid if confirmed by JASSU-REISEN.vorbehalten. Sonderwünsche, Buchungen unter einer Bedingung und mündliche Nebenabreden sind nur dann gültig, wenn sie von JASSU-REISEN bestätigt werden.
3. Contractual Conditions for the Procurement of Third-Party Services
3.1 JASSU-REISEN procures a variety of third-party services, which are marked in the catalogue as such, e. g. holiday homes, bookings of flights, ferry boat passages, hire cars, transfer by taxi, etc. In so far, the General Terms and Conditions of the respective service provider shall apply. JASSU-REISEN acts as a holiday agency in their name and is authorised to collect any debts.
3.2 With his/her registration, the customer bindingly offers the executing service provider the conclusion of a contract. The contract shall be effected with the service provider's acceptance. The customer shall be provided with a booking confirmation, which in addition to the name of the registered person also states the place and date of the start and end of the holiday, outlines the service booked and states the quoted holiday price.
3.3 In the case of a later cancellation of the respective services, the cancellation fees of the respective service provider shall be applicable, which can be seen from the General Terms and Conditions there.
4. Payment
4.1 JASSU-REISEN may only claim or accept payments on the holiday price before the end of the holiday if the Security Certificate has been handed over to the customer. After conclusion of the contract, a down payment of 30% of the holiday price shall be due for payment against handing-over of the Security Certificate. The payment of the balance shall become due 30 days before the start of the holiday and it must be effected without further request.
4.2 If the duration of the holiday does not exceed 24 hours, if it does not include an overnight stay, and if the holiday price does not exceed EUR 75.00 per customer, payments on the holiday price may be demanded also without the handing-over of the Security Certificate.
4.3 If the customer does not effect the down payment and/or payment of the balance in accordance with the agreed payment deadlines, JASSU-REISEN shall be entitled to withdraw from the holiday contract upon notice after issuing an official reminder of payment and to charge to the customer costs for withdrawing from the contract in accordance with sections 7.2 – 7.7.
5. Services
5.1 The service owed by JASSU-REISEN under the contract is the provision of the booked property in the state and with the equipment as can be seen from the catalogue or its description on the internet, in line with any and all notes and explanations there and/or the property description and possible restricting notes or notes giving additional information or agreements in the contract copy.
5.2 The obligation to perform shall not extend to any circumstances which are not directly related to the property and the services agreed in the contract, including but not limited to the area surrounding the property, the beach and the local conditions in the resort, in so far as JASSU-REISEN does not have any duties to inform or give notice or a duty of care in this respect.
6. Changes of Services and/or Prices
6.1 Any changes of essential holiday services from the agreed terms of the holiday contract which become necessary after the conclusion of the contract and are not brought about by JASSU-REISEN in bad faith shall only be allowed in so far as the changes are not substantial and do not impair the overall structure of the holiday.
6.2 Any possible warranty claims shall remain unaffected in so far as the changed services have any defects.
6.3 JASSU-REISEN shall be obliged to inform the customer of material changes of services immediately after gaining knowledge of the reason for the change.
6.4 In the case of a material change of an essential holiday service, the customer shall be entitled to withdraw from the contract free of charge or to demand taking part in a holiday that is at least of the same value, if the contractual partner is in a position to offer such a holiday without additional cost for the customer from his range of services offered. The customer shall be obliged to assert these rights vis-à-vis JASSU-REISEN immediately after the declaration by JASSU-REISEN on the change of the holiday service or the cancellation of the holiday.
7. Cancellation/ Termination/ Change of Booking/ Substitute Person
7.1 The customer may cancel the holiday at any time before the start of the holiday. The cancellation must be declared vis-à-vis JASSU-REISEN under the address stated at the end of the General Holiday Conditions. If the holiday was booked via a travel agency, the cancellation can also be declared vis-à-vis the latter. We recommend to the customer to declare the cancellation in written form.
7.2 If the customer cancels the contract or if s/he does not go on his/her holiday, JASSU-REISEN loses its claim for payment of the holiday price. JASSU-REISEN may instead demand the payment of a reasonable compensation for the holiday preparations made until the cancellation and its expenses that is calculated on the basis of the holiday price in so far as the cancellation does not lie in its responsibility or if there is a case of Force Majeure.
7.3 JASSU-REISEN graded the above-mentioned claim for compensation according to time, i.e. it is calculated as a lump sum and as a percentage of the holiday price considering the period that lies between the time of the cancellation and the time of the contractually agreed start of the holiday, and any expenses that can be expected to be saved and any expected possible use of holiday services for other purposes are taken into consideration. After the customer’s declaration of cancellation is received, the compensation shall be calculated as follows:
a) Up to the 61st day before the start of the holiday 20 % of the holiday price
b) From the 60th to the 35th day before the start of the holiday 50 % of the holiday price
c) From the 34th to 2nd day before the start of the holiday 80 % of the holiday price
d) In the case of a later cancellation or in the case the customer does not go on the holiday 90 % of the holiday price.
7.4 The customer shall in any case be at liberty to produce evidence to JASSU-REISEN that no damage whatsoever or substantially lower damage has occurred to the latter in comparison to the lump sum claimed by it.
7.5 JASSU-REISEN reserves the right to claim higher liquidated compensation that deviates from the above-mentioned lump sums in specific cases. In this case, JASSU-REISEN shall be obliged to specify and provide evidence on the compensation claimed considering any expenses that were saved and any possible use of holiday services for other purposes.
7.6 Holiday cancellation insurance is offered to the customer with the booking confirmation/invoice by JASSU-REISEN. Insurance may be contracted immediately on booking, however not later than 30 days before the start of the holiday by payment of the stated premium to JASSU-REISEN. If there are less than 30 days between the booking and the start of the holiday, insurance must be contracted within 3 working days after booking. After payment of the premium is received, JASSU-REISEN sends a corresponding certificate of insurance – unless explicitly requested otherwise by the customer – together with the holiday documents after payment of the balance for the confirmed holiday services.
7.7 The customer shall not be entitled to request the change of the time of the holiday, the destination, the place where s/he starts the holiday or the accommodation (change of booking) after the conclusion of the contract. If the booking is nevertheless changed upon the customer's request, JASSU-REISEN may charge a fee for the change of booking amounting to EUR 30.00.
7.8 Requests for changes of booking by the customer after expiry of the deadline, if it is at all possible to meet them, can only be met when the customer first cancels the contract in accordance with sections 7.2 to 7.5 under the conditions and when at the same time there is a new registration. This shall not apply if the requested changes to the booking only cause insignificant costs.
7.9 JASSU-REISEN may cancel the contract before the start of the holiday or terminate the contract after the start of the holiday in the following cases:
a) without notice if the traveller - despite a call to order - substantially disturbs the carrying out of the holiday or if s/he acts contrary to the contract in such a way that justifies the immediate termination of the contract;
b) without notice if the carrying out of the holiday is made substantially more difficult, endangered or imparted as a consequence of Force Majeure or a strike that was unforeseeable at the time of or after the conclusion of the contract.
If JASSU-REISEN terminates the holiday contract pursuant to a), the holiday price shall no longer be due. If JASSU-REISEN cancels the holiday contract pursuant to b), all amounts paid in are refunded to the customer immediately, any further claims shall explicitly be excluded. If JASSU-REISEN terminates the contract pursuant to b) after the start of the holiday, the customer is refunded with the percentage of the holiday price that corresponds to the expenses saved by JASSU-REISEN.
8. Warranty/Liability
8.1 JASSU-REISEN provides the landlord of the holiday home or apartment with the customer’s booking. The description of the holiday home in the catalogue and possible oral holiday advice provided by JASSU via telephone that refers to the latter describes the holiday accommodation to the customer in the state that JASSU-REISEN found it in at its last visit. JASSU-REISEN shall be responsible with the due care of a responsible merchant for
a) thorough holiday preparations;
b) thorough monitoring of the service providers;
c) the correctness of the description of all holiday services in the holiday brochure, in so far as no changes to the information given in the brochure have been declared;
d) the due provision of the contractually agreed holiday services
8.2 JASSU-REISEN shall not be liable
a) a) in cases of Force Majeure, including war, civil war, fire, water, pandemics, strikes, plagues of vermin, orders by a sovereign, oil spills, atomic energy, pollution of the beach or by algae, etc.;
b) for breakdown of energy supply;
c) for local conditions which do not relate to the holiday home or apartment itself or impairments from the surrounding area that cannot be foreseen by JASSU-REISEN, such as noise caused by neighbours, construction activities which started afterwards and not known to JASSU-REISEN, subsequently imposed swimming bans by a government authority.
8.3 If contrary to expectations the customer has reason to complain or if a contractually agreed service is provided in a manner which contravenes the provisions of the contract, the customer shall be obliged to report complaints and services provided in a manner which contravenes the provisions of the contract immediately via telegram, fax or telephone to JASSU-REISEN GmbH, Königswinterer Straße 628, 53227 Bonn, Germany, Tel.: +49 (0) 228/92626-0; Fax: +49 (0) 228/92626-32, so that reasonable measures can be taken to check the complaint and to, whatever is applicable, remedy the defective performance or provide replacement. If the telephone is not answered, the customer shall be obliged to leave a message on the mailbox.
8.4 If the customer, due to his/her own fault, fails to fulfil this obligation, s/he shall not be entitled to any claims in so far. If the customer, due to his/her own fault, does not issue a notice of defect at the place, s/he shall not be entitled to claim reduction of the purchase price or to contractually agreed damages. House owners, keepers of keys, agencies, etc. neither have the function of holiday guides nor are they representatives of JASSU-REISEN, nor are they authorised to recognize claims or to give and/or accept legally binding declarations.
8.5 If the holiday is substantially impaired as a consequence of a defect that was reported in time and if JASSU-REISEN does not remedy the defect within a reasonable period of time or if there is no need for setting a deadline because it is not possible or there is refusal to remedy the defect or if the termination of the contract is justified by a special interest of the customer, the customer in his/her own interest shall be entitled to terminate the holiday contract in accordance with statutory regulations - written form is recommended.
9. Liability/ Statute of Limitation
9.1 The customer shall raise any claims with respect to the provision of services in a manner which contravenes the provisions of the contract within one month of the contractually agreed end date of the holiday vis-à-vis JASSU-REISEN GmbH, Königswinterer Straße 628, 53227 Bonn, Germany, in writing. After expiry of this period, the customer may only raise claims if s/he was prevented from meeting the deadline and this was not his/her fault. The period of exclusion shall not apply to claims from tort.
9.2 Claims by the customer under sections 651 c – 651 f BGB shall become statute-barred after one year. The limitation period shall start on the day the holiday was to end according to the contract. If there are any negotiations on the claim or the circumstances leading to the claim between the customer and JASSU-REISEN, the limitation period shall be suspended until the customer or the holiday organiser refuses to further negotiate. Claims shall become statute-barred 3 months after the end of the suspension at the earliest. Any tort claims shall become statute-barred after 3 years.
9.3 JASSU-REISEN's liability for damage which is not damage to the body shall be limited to 3 times the amount of the holiday price,
a) in so far as customer's damage is neither caused intentionally nor grossly negligently, or
b) in so far as JASSU-REISEN is responsible for damage occurred to the customer only due to a service provider's fault.
9.4 For all claims for damages against JASSU-REISEN from tort which are not founded on fault or gross negligence, JASSU-REISEN shall be liable in the case of damage to the person with up to EUR 76,693.00, in the case of damage to property with up to EUR 4,100.00; if the amount of 3 times the holiday price exceeds that sum, liability for damage to property shall be limited to the amount of 3 times the amount of the holiday price. The maximum liability amounts shall each apply per customer and per holiday. In this context, JASSU-REISEN recommends to contract full and complete insurance cover.
9.5 The assignment of claims of the customer as well as the participants in the holiday in relation with the contract, for whatever reason, to a third party, including spouses, shall be excluded, as well as raising such claims in one's own name before a court.
9.6 JASSU-REISEN's liability shall be excluded or limited in so far as on the basis of international agreements or statutory regulations relating to plagues which are applicable to services to be provided by a service provider liability is excluded or limited as well.
10. Regulations as to Passport/ Visa Issues and Health Regulations
10.1 JASSU-REISEN will inform nationals of a European Community country in which the holiday is offered on provisions of passport, visa and health regulations before the conclusion of the contract as well as on possible changes to such provisions and regulations before the start of the holiday. Nationals of other countries can obtain such information from the competent consulate. Here it is presumed that there are no special circumstances in the person of the customer and possible fellow travellers (e.g. dual nationality, no nationality).
10.2 The customer shall be responsible for procuring and carrying the necessary travel documents, possibly required vaccinations as well as complying with any regulations as to customs clearance and foreign currency. Any disadvantages resulting from the non-compliance with these regulations, e.g. payment of cancellation costs, shall be borne by him/her. This shall not apply if JASSU-REISEN has insufficiently or wrongly informed the customer.
11. Final Regulations
11.1 All information in JASSU-REISEN's catalogues is published subject to statutory or governmental provisions. The details in these catalogues are as on the day of printing. There shall not be any liability for errors in printing, in descriptions and in calculations. Upon the publication of new catalogues, earlier catalogues of JASSU-REISEN on destinations with the same titles and dates shall no longer be valid.
11.2 The invalidity of individual provisions of this contract shall not lead to the invalidity of the contract as a whole.
11.3 German law shall be applicable on the contractual relationship between the customer and JASSU-REISEN exclusively. This shall also apply to the entire legal relationship. If in the case of a lawsuit by the customer against JASSU-REISEN abroad for a holiday organiser's liability, German law is not applied for the cause of the lawsuit, German law shall exclusively be applicable to the legal consequences, including but not limited to the nature, scope and amount of claims by the customer.
11.4 The customer may only file a lawsuit against JASSU-REISEN at the place of its registered office. For claims against customers and/or contractual partners who are merchants, legal persons under public or private law or persons whose registered or usual place of residence is abroad or whose registered or usual place of residence is unknown at the time of the filing of the lawsuit, the venue shall be at the place of JASSU-REISEN's registered office.
Last updated April 2011
JASSU-REISEN GmbH, Königswinterer Straße 628, 53227 Bonn, Germany
Telephone: +49 (0) 228/92626-0, Fax: +49 (0) 228/92626-23
E-Mail: info@jassu.de, Internet: www.jassu.de
Email: info@jassu.de, Internet: www.jassu.com
Commercial register entry number: Bonn Amtsgericht (Local Court) HRB 13663
Umsatzsteueridentifikations-Nr. (VAT registration number): DE 122114496
General Holiday Information
In addition to the "Allgemeine Reisebedingungen" (General Holiday Terms) the "Allgemeine Reiseinformationen" (General Holiday Information) shall constitute an integral part of our offer. You can access them here.
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In addition to the "Allgemeine Reisebedingungen" (General Holiday Terms) the "Allgemeine Reiseinformationen" (General Holiday Information) shall constitute an integral part of our offer. You can access them here.
