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GENERAL TERMS OF BUSINESS


The following Terms of Business are recognized by the client (referred to in the following as ‘the client’) upon placing his booking for the services of H&B Tour Conception (referred to in the following as ‘H&B Tour Conception’ or ‘we/us’), or at the latest on confirmation of the booking, without exception.

1.) Booking and Confirmation

The booking must be made in written form. The client acts both in his own name and in the names of any third parties participating who may be mentioned in the booking. The contract is concluded upon written acceptance by H&B Tour Conception. Should the content of the letter of acceptance differ in any way from the booking, this constitutes a new offer on the part of H&B Tour Conception with a validity of ten days from date of writing. The contract may be concluded on the basis of this new offer, unless the client refuses this new offer within the period of ten days.

2.) Payment

As far as no other terms have been agreed to in writing, the following agreement is binding. A deposit of up to 80% of the full payment for services booked must be transferred to a bank account of H&B Tour Conception at least four weeks prior to provision of the said services, without any explicit request on the part of H&B Tour Conception.

Depending on the value and cost of services to be rendered by H&B Tour Conception prior to the beginning of the event booked, H&B Tour Conception reserve the right to require prior payment in full of all services booked.

The vouchers, if necessary, will be sent to the client following the payment to the account of H&B Tour Conception as described above. The remaining sum payable is to be paid as soon as services are rendered or as soon as the final invoice from H&B Tour Conception for said services has been received by the client, whichever is agreed upon.

Arrears of payment carry the usual commercial default interest of 5%.

3.) Services and Prices

3.1) The first offer to be made by H&B Tour Conception in connection with this business relationship will be without cost and not binding.

For any further offers H&B Tour Conception reserve the right to levy a processing or concept charge or both, the amount of which depends on the particular scope of the offer or amount of work involved in processing it, respectively. All prices quoted in our catalogue are for orientation only and are subject to change as necessary in any one case. Binding prices are quoted in our offer as processed according to the client’s information and instructions, or given upon enquiry. All prices of whatever source are to understood as exclusive of VAT. We reserve the right to charge a handling fee of 30% of the particular value in cases where we have exclusively mediated the services. In addition we reserve the right to charge extra for organizational work beyond that originally planned, any prior travel necessary for planning, increased communications costs, on-site coordination, as well as frequent or short-term changes.

3.2) The extent of the contracted services is given in the description of services in each case, the general information in our catalogue, and in the corresponding information in the confirmation of booking; exceptions are as per 3.1 above.

3.3.) The client is obligated to inform H&B Tour Conception of the number of participants at the latest 5 working days (120 hours) prior to the event(s) booked. The client pays in accordance with the number of participants given by him regardless of how many of these participants may not appear.

4.) Changes in Services Rendered and Prices

4.1) Digression from single services as described in the contract occurring after the conclusion of the contract, as far as these can be ascribed to H&B Tour Conception acting in good faith, are permitted, providing that these are not too great and do not detract from the complete extent of the offer made.

4.2) Any guarantee demands remain unaffected, as far as the altered services are not up to the standards given in the offer. H&B Tour Conception has to inform the client immediately in cases of alterations in services or digressions from same; if necessary, a change in booking or withdrawal from the contract are permitted at no cost.

4.3) If the commencement of services rendered is more than four months after the conclusion of the contract, H&B Tour Conception reserve the right to charge higher prices for circumstances occuring after the conclusion of contract, which could not be foreseen by the contracting parties.

The increase in price must correspond to the extent of change in circumstances.

If established transport tariffs, charges, entry fees, or taxes are altered, a corresponding adaptation of prices shall be possible at any time. If the agreed price is increased by more than 5%, the client reserves the right of rescission without any further charges. Rescission of contract must be made known to H&B Tour Conception in written form without delay.

5.) Obligations on the Part of H&B Tour Conception

Should deficiencies in the services rendered occur, H&B Tour Conception is obligated to influence the provider of said services to eliminated the deficiencies, as far as this is within reasonable limits and is usual in business. H&B Tour Conception has the right to make prerequisite to such influence the acceptance of the client of up to half of the costs incurred in such measures, if the costs exceed a normal and reasonable amount, such as is usual in business.

Warranty claims on the part of the client must be made in writing to H&B Tour Conception within one month of the services having been rendered.

6.) Rescission on the Part of H&B Tour Conception

H&B Tour Conception reserve the right of rescission of contract

6.1) with immediate effect, if the contractual partner does not fulfill his obligations of payment within the time limit set, or does not fulfill the agreed conditions of contract otherwise. In cases of rescission of contract on the part of H&B Tour Conception due to such action or inaction on the part of the contractual partner, said partner will refund H&B Tour Conception any and all damages incurred thereby.

6.2) with immediate effect, if the client hinders the execution of the event or journey, with or without warning on the part of H&B Tour Conception, or if the client acts in a way contrary to the conditions and agreements of contract.

The damages claimed are calculated in these cases as follows, whereby the days refer to the number of days prior to the commencement of the event booked:

up to the 120th day:                                 35%

up to the  90th day:                                 50%

up to the  60th day:                                 80%

up to the  30th day:                                 90%

from the   15th day:                                100%

The right of the client to attempt to prove lesser damages is not affected.

H&B Tour Conception reserve the right to higher damages claims owing to divergent cancellation charges on the part of third parties providing services. More information will be provided upon request by H&B Tour Conception.

6.3) with immediate effect in cases of force majeur, strike, civil disturbances, natural catastrophes, epidemics, sovereign directive, or far-reaching political changes. Any deposits will be repaid by H&B Tour Conception to the amount remaining after deduction for services already rendered at that point.

7.) Rescission on the Part of the Client

7.1) The client can rescind the contract in writing at any time prior to the rendering of services. The date of receipt of said rescission on the part of H&B Tour Conception is decisive.

7.2) The client may be represented, up to the commencement of the event booked, by a third party during the arrangements for said event. Additional costs due to such representation will be borne by the client. H&B Tour Conception reserve the right of refusal of such representation, if said representative is not sufficiently suitable for the event booked, or applicable law or official directives do not permit representation or the representative per se.

Changes in booking are tantamount to rescission with consequent new booking. In the case of rescission H&B Tour Conception have the right to charge a lump sum as processing fee. This lump sum fee depends upon the value of the booking and the date of receipt on the part of H&B Tour Conception of the declaration of rescission prior to commencement of services to be rendered. It is calculated according to the following percentages, whereby the days refer to the number of days prior to the commencement of

up to the 120th day:                                35%

up to the  90th day:                                 50%

up to the  60th day:                                 80%

up to the  30th day:                                 90%

from the   15th day:                                100%

The right of the client to attempt to prove lesser damages is not affected.

H&B Tour Conception reserve the right to higher damages claims owing to divergent cancellation charges on the part of third parties providing services. More information will be provided upon request by H&B Tour Conception.

The right to require higher damages claims owing to empty bed charges, artistes’ fees, cancellation charges for other services booked, communications costs, etc. is expressivly reserved.

8.) Limitation of Liability

8.1) The liability of H&B Tour Conception is limited to three times the value of the event as booked, as far as damages incurred by the contractual partner have not been intentionally caused or caused through gross negligence, or H&B Tour Conception is exclusively liable for the fault of a service provider commissioned by H&B Tour Conception.

8.2) In cases of events with particular risks H&B Tour Conception may limit liability with regard to said risks to three times the value of the event booked, provided that the contractual partner has expressly and separately so declared in writing, as far as damages incurred by the contractual partner have not been intentionally caused or caused through gross negligence, or H&B Tour Conception is exclusively liable for the fault of a service provider commissioned by H&B Tour Conception.

8.3) H&B Tour Conception is not liable for disturbances in the provision of services in connexion with services which have been procured as third-party services only (e.g. theatre visits, exhibitions, etc.).

8.4) Warranty claims against H&B Tour Conception are excluded or limited as far as such liability of a service provider with regard to services to be provided is excluded or limited by applicable law.

9.) Extent of Liability

There is no liability for burglary or robbery. Baggage insurance should therefore be taken out by the client. Participants are liable for any and all damages caused by baggage or other matter accompanying the participants.

10.) Obligation of Cooperation

10.1) The client is obligated to cooperate in cases of disturbances of services occurring as far as applicable by law in order to avoid or limit damages. The client is particularly obligated to report any objections without delay, at the latest one month following the event booked, to H&B Tour Conception in writing. If the client wilfully neglects to report any deficiency, then no claims of any kind for whatever reason are possible.

10.2) Claims on the part of clients are limited to six months. Limitation commences on the day on which the event ends or was to end, whichever is applicable. If the contractual partner has made such claim, limitation is hindered until the day on which H&B Tour Conception repudiates said claim or claims in writing.

Claims for damages in connexion with bodily harm or the death of the contractual partner are limited to three years following the end of the event booked.

11.) Insurance Coverage

The participants have sole responsibility for any insurance coverage for themselves or their property.

12.) General

Correction of errors in writing, print, or calculation may be undertaken by H&B Tour Conception up to the commencement of services provision.

Oral agreements are invalid and of no effect. Agreements must be confirmed in writing in order to be effective.

The risk of postal service is entirely on the part of the client.

Invalidity of single clauses or portions of the contract, including these General Terms of Business, have no effect whatsoever on any other clauses or portions and do not render said contract invalid as a whole.

13.) Place of Jurisdiction and Place of Performance

The place of jurisdiction is Heidelberg in the Federal Republic of Germany.

All agreements are subject to and in accordance with German law.

These General Terms of Business are understood to be with the proviso that errors and alterations may occur.

This version: June 2001

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