To Europe - terms and conditions
This website is operated by NRM New Resources Management Holding GmbH (NRM) who is the General Sales Agent for Online Sales for TO EUROPE s.r.o. (Praha) as well as sales agent for third parties (e.g. other tour operators, accommodation providers, transportation companies). NRM acts as an agent providing services for these service providers. These are the General Terms and Conditions for agency services provided by NRM:
1. Booking and conclusion of a contract
1.1 We act as agents providing agency services for third parties (service-providers) to customers. A contract is concluded exclusively between the client and the service-provider stated by us. We are no tour operators as defined by § 651 a BGB (German Civil Code).
1.2 The customer’s booking through us represents an application made by the customer for conclusion of a contract with the service-provider. We are authorized by the service-provider to accept the application.
1.3 The booking can be effected in written form, verbally, by fax, telephone or electronically (e-mail, Internet). In making the booking, the customer responsible for the booking is liable for their own obligations as well as for those of all the participants stated in the booking.
1.4 The contract with the service-provider is concluded on the basis of the acceptance of the customer’s application contained in the booking. We declare acceptance of the application as representatives of the respective service provider, who has commissioned us for this purpose. An acceptance is, in particular, the reservation confirmation, which we immediately send to the customer or hand over locally. With Internet bookings, the reservation confirmation is effected at the end of the booking process.
2. Provisions relating to the tour contract
The following provisions apply to the tour contract between the service-provider and the customer:
2.1 Tours operated by TO EUROPE s.r.o.
Terms & Conditions: We, TO EUROPE s.r.o. set out below an explanation of the conditions that apply when you book a tour with us. It is important that you read these conditions as, together with the information on the website, they not only define our obligations to you but also impose some important commitments upon you.
Privacy Policy: We value our customers and respect their privacy. We collect customer information in an effort to improve your travel experience, to provide you with your travel documents and to communicate with you about our products, services and promotions. We use customer information responsibly and do not sell or rent the information you provide to us to any third parties. However, we must pass the information on to the relevant suppliers of your arrangements such as airlines, hotels, transport companies, etc. The information may also be provided to public authorities such as cruise lines for customs/immigration purposes if required by them, or as required by law.
Guarantee on price: We guarantee that the price of your tour will not be subject to any surcharges. This means that you are fully protected, no matter what happens to the price of fuel or variations in the exchange rate for currency. Once a contract exists between us, then the cost of your holiday cannot be increased. Whilst we reserve the right to change prices, any changes will be confirmed to you before you make your booking. The price of your tour will not be increased unless you amend your booking.
Financial Protection: We hold financial protection coverage No.17 107 000 37 issued by the GENERALI insurance which provides for your protection in the event of our insolvency.
Fares and Rates, Paying for your tour: All prices expressed on the Web site are in EURO (€).When you make your booking the tour price will be charged to your credit card. If the deposit balance is not covered, we reserve the right to cancel the travel arrangements.
Booking/ tour contract: When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. Once you received your confirmation invoice the tour contract is accepted by us. It is your responsibility to check that the information and booking details, including the spelling of all passenger names, as stated on your invoice are correct. Should there be any corrections, please notify us. Charges may apply if changes are necessary.
For Online Reservation assistance, contact our Internet Reservations desk +49 6475 912836
Trip Protection: Trip Protection covering baggage, trip cancellation or interruption, and personal accidents covering your entire reservation, is recommended. Please contact your travel agent for further details.
Documents: Will be sent in sufficient time prior to the start of the tour by email if the full payment has been received. If your tour requires travel documents that can not be provided by email and/or pdf-file, these travel documents will be deposited in the first hotel (where the tour starts). If full payment is received 3 days prior to the start of the tour or less, the travel documents will be provided within 24 hrs. If you are leaving earlier and you do not have access to your email account you need to advice us in advance.
Passport/ Visas: You, and any member of your party, is responsible for the provision of passports or visas. Please check with the appropriate consulate for details.
Cancellation Policy: You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking on your behalf must be made and the cancellation will be effective from the date it is received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges shown in the table:
Period before tour starts
(tour start = "1st day") |
Cancellation fee |
| More than 30 days |
10% of the tour price, minimum EUR (€) 50,- |
| 15 - 29 days |
20% of the tour price, minimum EUR (€) 50,- |
| 14 - 08 days |
40% of the tour price |
| 07 – 01 day(s) |
60% of the tour price |
| on 1st day of the tour or after |
100% of the tour price |
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Change of booking: If you wish to change your booking once a contract exists between us (e.g. dates of travel), we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of EURO (€) 50,- per booking as well as any further cost we may incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made. Please contact us as soon as possible if you want to make any changes.
It is unlikely that we will have to make any changes to your travel arrangements. Occasionally, we may have to make changes and we reserve the right to do so at any time. Changes such as change of accommodations within the same category, schedule changes within a 12 hour period, partial tour alterations are minor changes. Routings and itineraries can be affected by adverse weather, road closures or other reasons and may be varied accordingly. We will advise you of such changes at the earliest possible date. In the unlike event we make a major change to your tour, we will inform you or your travel agent as soon as possible if there is time before the tour begins. You then have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements or cancel the tour and receive a full refund of all monies paid plus compensation. If we are unable to provide the booked travel arrangements, you can either have a full refund of the tour price or accept an offer of alternative travel arrangements. This does not apply in the case of a force majeure: in case of war, threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disasters, fire, adverse weather conditions, epidemics, health risks, technical problems with transport, closed or congested airports we will have to cancel or change your travel arrangements.
Customer Service: send us your email comments or questions to our Customer Service at customerservice@toeurope.eu . If you have a problem or cause for dissatisfaction, please inform us immediately. A condition of this contract is that you confirm your complaint in writing to Customer Service. If your complaint is not resolved locally, please follow this up within four weeks after completion of the tour.
Liability:
(i) We accept responsibility for ensuring that the travel arrangements that you book with us are supplied as described in this website. If any part of these travel arrangements is not provided as promised, we will pay you appropriate compensation if this has affected your enjoyment of your travel arrangements. Except for our liability referred to in paragraph (ii) below our liability in all cases shall be limited to a maximum of twice the price of your tour.
(ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, or suppliers and sub-contractors, whilst acting within the scope of, or in the course of their employment, in the provision of your travel arrangements. We will accordingly pay you such damages as might have been awarded in such circumstances under Czech Law, except where such failure (referred to in paragraph 11(i) or death injury or illness (referred to in paragraph 11(ii), is not our fault or of that of our suppliers because:-
a) such failure is attributable to you or a member of your party;
b) such failure is attributable to a third party unconnected to the services provided to you; or
c) such failure is due to:-
i) unusual and unforeseeable circumstances beyond the control of the party by whom this exception is pleaded, consequences of which could not have been avoided even if all due care had been exercised; or
ii) an event which the other party to the contract or the supplier of services, even with all due care, could not foresee or forestall.
(iii) In respect of travel by air, sea and rail and the provision of accommodation, our liability will be limited in the manner provided by the Warsaw Convention (applies to transport by air), the Athens Convention (applies to transport by ship), the Berne Convention (applies to transport by rail), and the Geneva Convention (applies to transport by road). Copies of these conventions can be obtained on request.
(iv) If we make a payment to you in respect of death, injury or illness then you are expected to transfer to us the rights you have to take action against a supplier, employee or any other person. This is so that we can claim back from the supplier or employee any of the payments we have made to you. If we recover from the supplier or employee more than the amount we have paid to you we will pay the additional amount to you.
(v) If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs and benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or to any one booking form to the amount of twice the price of your tour.
(vi) We will not be liable for any damages to a your computer nor for viruses or other data corruption problems that may affect your computer equipment or other property on account of your access to or use of this website or your downloading of any materials, data, text, images, video, or audio from this website. In no event will we be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential damages of any kind, whether based on contract, tort, strict liability, or otherwise, that result from the use of, or the inability to use the materials in this website, even if we have been advised of the possibility of such damages. In no event will we, if found liable for damage or loss in any way related to the aforementioned uses of this website and/or its content, be liable for any amount that exceeds the amount, if any, which has been paid by you to access the website. This website contains links to other websites. We are not responsible for the content of any other website and make no representation or warranty regarding any other website, nor does its linkage constitute an endorsement by us. Please be aware that you access these websites at your own risk.
Your Responsibilities: You must ensure that you and the rest of your party have valid passports, any appropriate visas and vaccinations. We are not liable for any costs, delays or illness resulting from your failure to meet these requirements. You must be suitably insured. Should you while on holiday choose to take part in any activity (e.g. hang gliding, hot air ballooning, white-water rafting, etc.) which can be deemed as being of a hazardous nature, it is essential to ensure that cover is provided under the terms of your travel insurance. The organisers of some adventure activities that you may choose to take part in whilst on holiday may request you to sign a waiver of their liability for risks involved. We must draw your attention to the fact that by signing such a document you may well loose any rights to claim for damages in respect of death, injury, or loss of or damage to property even if negligence on the part of the activity organiser is proven to have occurred.
All contracts between us and you are made on the terms of the above booking conditions which are governed by Czech Law and both parties shall submit to the jurisdiction of Czech Courts at all times. The tour participant/s acknowledge receiving, reading and agreeing to the Terms & Conditions set forth below, covering the tour packages operated by TO EUROPE s.r.o., CZ, info@toeurope.eu.
2.2 Other service providers (e.g. other tour operators, accommodation providers, transportation companies).
The General Condition of other service provides apply. They are handed out on request.
3. Provisions relating to the relationship between the customer and NRM
In the relationship between the customer and NRM the following applies:
NRM assumes unrestricted liability with regard to intent and gross negligence. In addition, the liability of NRM is restricted to the foreseeable and contract-typical damage according to the type of agency service.
4. Concluding provisions
Both with regard to the contract as well as to the relationship between the customer and NRM, the following applies:
4.1 The law of the Federal Republic of Germany applies.
4.2 If the customer is a businessman, legal entity in public law or in public-law separate estate, the exclusive place of jurisdiction for all disputes arising from the accommodation contract and in the relationship between the customer and NRM is Limburg an der Lahn. The same applies if the customer does not have a general place of jurisdiction in Germany or if the permanent residence or ordinary residence of the customer is transferred abroad after conclusion of contract, or the permanent residence or ordinary residence of the customer are not known at the time the action is brought.
4.3 Should individual provisions of these General Terms and Conditions be or become completely or partially invalid, this will not affect the validity of the remaining provisions. The completely or partially invalid provision shall be replaced by a provision, the commercial effectiveness of which comes closest to matching that of the invalid provision.