1. Subject of regulation
All legal transactions between the tour operator Chile Central – sole proprietorship Moritz Gómez, hereinafter named "Chile Central", and the traveler(s), hereinafter named "customer", underlie these General Terms and Conditions as well as the supplementary legal regulations of §§ 651a ff BGB (German Civil Code). Deviating regulations of the customer do not apply.
2. Conclusion of contract, payment
2.1 With the booking, the customer offers the binding conclusion of the contract. The booking can be made in written form, via E-Mail, verbally or by telephone. The contract only comes into effect upon confirmation by Chile Central in written form or by E-Mail.
2.2 Upon receipt of the travel confirmation and the travel guarantee certificate, the customer has to pay a deposit of 20% within 7 days, which is deducted from the total amount. Chile Central reserves the right to demand a higher deposit for certain travel services. The remaining payment (for short-term bookings the total payment) is due and to be paid 31 days before the start of the journey. The customer can pay by Single Euro Payments Area (SEPA) bank transfer. Alternative forms of payment are provided upon request for an additional charge.
2.3 If the customer does not make the down payment or the final payment by the respective due date despite having received the travel guarantee certificate, Chile Central is entitled to withdraw from the contract after issuing a reminder with a deadline and to charge the customer with the cancellation fees regulated in section 5.3.
3. Services, contract modifications
3.1 The contents of the contractual services and the amount of remuneration result from the service description of the respective offer as well as from the summary in the booking confirmation. In case of discrepancies between the information in the offer and in the booking confirmation, the information in the booking confirmation applies.
3.2 The customer usually receives the travel documents 4 weeks before the start of the journey or within the period specified by Chile Central.
3.3 Changes and deviations of single travel services from the agreed content of the contract, which become necessary after the conclusion of the contract and which were not caused by Chile Central against good faith, are permitted to the tour operator, as far as the changes or deviations are not substantial and do not affect the general arrangement of the booked trip. Chile Central will inform the customer immediately about any necessary changes or deviations in services.
3.4 If the customer does not make use of individual travel services due to early return, illness or other reasons for which he/she is solely responsible, the customer is not entitled to a proportional refund.
4. Passport, visa and health regulations
4.1 Chile Central informs the customer about the regulations of passport, visa and health issues before the start of the journey.
4.2 The customer is responsible for obtaining and carrying the necessary travel documents and must independently ensure the validity of these.
4.3 Chile Central is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation, if the customer has commissioned the tour operator with the procurement, unless Chile Central has culpably violated its own obligations.
5.1 The customer has the right to withdraw from the trip at any time prior to the start of the journey. Determining is the receipt of the cancellation notice by Chile Central.
5.2 If the customer withdraws from the travel contract, the tour operator loses the right to the agreed travel price, but may demand reasonable compensation from the customer, insofar as the withdrawal is not his fault or unavoidable, extraordinary circumstances exist. The amount of compensation is determined by the full travel price less the amount of expenses saved by Chile Central and less what the tour operator acquires through other use of the travel services.
5.3 Unless otherwise agreed, the following cancellation fees will be charged according to the date of receipt of the cancellation notice and the start date of the trip:
• Up to 31 days before departure 20% of the travel price
• From the 30th to the 15th day before departure 40% of the travel price
• From the 14th day before departure 80% of the travel price
• On the day of departure or in case of no-show 90% of the travel price
5.4 The tour operator is entitled to withdraw from the contract before the start of the journey if it is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances. In this case, Chile Central is obligated to declare the withdrawal immediately after knowledge of the reason for withdrawal.
5.5 If the tour operator withdraws from the travel contract, he loses the right to the agreed travel price. Payments already made will be refunded to the customer immediately, at the latest within 14 days after the withdrawal.
6. Booking changes
6.1 The customer has no claim to changes regarding the travel date, the travel destination, the place of departure, the accommodation or the mode of transportation (booking changes) after conclusion of the contract. If a change of booking is nevertheless agreed upon at the request of the customer, Chile Central may charge a fee if the following deadline is met. Up to 31 days before the start of the trip, this fee consists of the specific costs plus a service charge of €50.00.
6.2 If additional costs are incurred due to incorrect information provided by the customer (e.g., fee-based change of a reservation due to erroneously spelled name), Chile Central may charge the customer an additional service fee of €25.00 plus the specific costs up to 31 days before the start of the trip.
6.3 Requests for booking changes by the customer after the deadline, if they should be possible at all, can only be fulfilled after withdrawal from the travel contract under the conditions of section 5.3 and simultaneous new booking.
7. Obligation to cooperate
7.1 The customer must notify Chile Central immediately of any deficiencies that occur and request a remedy within a reasonable period of time. The contact details can be found in the travel documents. Insofar as Chile Central was unable to provide a remedy as a result of a culpable failure to report the defect, the customer can neither assert claims for reduction according to § 651m BGB nor claims for damages according to § 651n BGB.
7.2 If the customer requests a remedy, the tour operator must resolve the travel deficiency. This may be in the form of a substitute service of equal or greater value.
7.3 If a customer seeks to withdraw from the travel contract due to a travel defect, he/she must previously set a reasonable deadline for remedial action by Chile Central. This only does not apply if Chile Central refuses the remedy or if an immediate remedy is necessary.
7.4 Baggage damage or delayed delivery during air travel must be reported immediately on site to the responsible airline by submitting a damage report (P.I.R.). In the case of baggage damage, the claim must be reported to the airline within 7 days, and in the case of delay, within 21 days after delivery, and a confirmation in text form must be obtained. Furthermore, the loss, damage or misrouting of baggage must be reported to Chile Central promptly if any contractual warranty claims shall be asserted.
7.5 The customer must inform Chile Central if he/she does not receive the required travel documents (e.g., airline ticket, hotel voucher) until the date specified by Chile Central upon booking or if the documents contain incorrect information regarding the customer's data (name, address, date of birth).
7.6 The customer is obligated to avoid or minimize any damages within the legal regulations regarding the duty of damage mitigation in the event of service deficiencies.
8. Liability, limitation of liability, statute of limitations
8.1 The contractual liability of Chile Central for damages that are not subject to bodily injuries and are not culpably caused is limited to three times the amount of the travel price. This limitation of liability does not apply to claims with regard to luggage, which are regulated by the Montreal Convention.
8.2 Claims according to § 651i BGB have to be filed by the customer against Chile Central. Claims of the customer due to travel deficiencies become time-barred within two years. The limitation period begins on the day following the day of the contractual end of the trip.
9. Obligations to provide information on the identity of the operating air carrier
The EU regulation concerning the information of air passengers on the identity of the operating air carrier obliges Chile Central to notify the customer of the identity of the operating air carrier of all flights included in the journey at the time of booking. If the operating airline has not yet been determined at the moment of booking, Chile Central is obligated to inform the customer of the airline(s) that will probably operate the flight. As soon as the tour operator knows which airline will operate the flight, Chile Central must inform the customer. The same applies if the operating airline changes. The list of airlines with EU operating bans can be found on the website https://ec.europa.eu/transport/modes/air/safety/air-ban_en.
Chile Central generally recommends the conclusion of a travel cancellation insurance, an international travel health insurance including coverage of repatriation costs in case of accident or illness as well as a luggage insurance.
11. Data protection
12. Final clauses
12.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties under exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2 A set-off or the assertion of a right of retention by the customer is only permissible with recognized or legally established counterclaims.
12.3 Regarding the German Consumer Dispute Resolution Act, the tour operator points out that it does not participate in a voluntary dispute resolution before a consumer arbitration board.
12.4 The invalidity of single provisions of these Terms and Conditions does not result in the invalidity of the entire travel contract.
13. Tour operator
Sole proprietorship Moritz Gómez
04229 Leipzig, Germany