Val d'Anniviers Freeride Week
Imagine skiing down 1,400 vertical meters of powder, then looking up to see the towering Swiss Alps. At Val d’Anniviers this dream will become a reality.
LineUpEXplorers GmbH (hereinafter LUEX), Dortmund, provides an internet-based intermediary platform for global travel-related products and services. For this purpose LUEX operates a travel information, communication and booking system on the internet. This offers travel-related products, services, and information. These terms and conditions govern the use of the entire LUEX offerings, also in particular the booking of trips, travel components and services. LUEX reserves the right to make provision for supplementary terms and conditions for certain travel-related offerings or destinations. As LUEX acts only as an intermediary, the specific and general terms and conditions of any third party offering a product or service shall also apply additionally. In the event of conflicting conditions, the general terms and conditions of LUEX shall apply preferentially.
The parties to the legal relations shall be designated as "Travellers", with a person who also makes a booking for one or more Travellers designated as a "Group leader". The member of a tour group shall also be designated as a "Group member". "Service provider" designates a company or person that delivers the actual product or service - usually on location at the destination - that LUEX (Intermediary) offers to Travellers.
1. Intermediary platform operator designation and information
LineUpEXplorers GmbH (abbreviated as LUEX)
Managing Director Tim Heising
Dortmund District Court HRB 23215 Dortmund
Kobbendelle 17, 44229 Dortmund, Germany
VAT ID No.: DE221867890
Telephone: LUEX general: +49 231 97676992
LUEX bookings Surf: +49 231 97676992
LUEX bookings Snow: +49 231 97676994
Fax: +49 231 58695399
Skype: LUEX general: luex-lineupexplorers
LUEX bookings Surf: luex-surf
LUEX bookings Snow: luex-snow
The website constitutes the fundamental information that LUEX provides to Travellers. The offers, representations, data, software, images, illustrations and information are subject to copyright in virtually their entirety. To the extent that the design, photos, selection and manner of composition and preparation have been prepared by LUEX, the rights are held exclusively by LUEX. Large quantities of information, offers and images are delivered by third parties, in particular also by Service providers. This content is also legally protected by copyright, trademark and competition law and may not be copied, transmitted or used in any manner other than within the scope of the website without the prior express written authorisation of LUEX or the rights holder, if applicable.
LUEX shall make every effort to update information and prices at all times. Nevertheless, there may be differences due to the volume of data, information and parameters. Prices and specifications can be found based on the individually prepared offering. The booking confirmation and the price calculated for the Traveller are definitive.
LUEX is unable to monitor or check all information provided, especially links to other websites. LUEX is unable to maintain and update this content. In this respect, LUEX is unable to assume any responsibility.
3. Intermediary services
LUEX facilitates the provision of travel-related products and services by Service providers in the form of travel modules and services. LUEX is not a tour operator and does not deliver, own or control any of the travel-related products and services on offer. The travel-related products and services are delivered directly by the Service provider. The offerings provided by LUEX are intended for natural persons. In this context, the Traveller / Group leader making the booking must be at least 18 years of age. A Group leader aged 18 years or over must book for under-age travel companions. The offerings are primarily intended for Travellers from Germany. In utilising this offering, the Group leader making the booking promises that they are authorised to act on behalf of their travel companions, in particular to arrange travel-related services and to conclude contractual arrangements in the name of the Travellers. The Group leader is liable to LUEX as the joint and several debtor in addition to the individual Travellers for the payment of the travel-related products and services booked. Legally binding declarations received by the Group leader are deemed to have been received by all Travellers in the tour group.
To the extent that no further commitment periods have been agreed, the following shall apply: By filling in the booking templates and confirming the booking procedure, the Traveller/Group leader commissions LUEX to finalise the intermediated procurement with the Service provider. A confirmation of receipt from LUEX with respect to an order immediately after the Traveller/Group leader has transmitted the data does not constitute a binding confirmation of the intermediated travel-related products and services.
Immediately upon receipt of the booking, LUEX shall assess the availability of all the booked products and services from the Service provider/s. Following this assessment, the Traveller/Group leader shall be issued a booking confirmation. The Traveller/Group leader is obliged to check this confirmation carefully immediately upon receipt. If information appearing on the confirmation or in another document is incorrect or incomplete, the Traveller/Group leader is obliged to inform LUEX immediately - in text form if possible. Alterations at a later point in time can only be considered if LUEX could reasonably be expected to make such changes. Unreasonable alterations are such changes in particular that involve additional costs for LUEX, unless the Traveller/Group leader reimburses these costs.
A binding agreement between the Traveller and the respective Service provider shall only eventuate when the binding booking confirmation has been transmitted to the Traveller/Group leader; the automatic LUEX confirmation of receipt is not a booking confirmation.
The following applies when a Group leader makes a booking for several Travellers: With their booking, the Group leader confirms that they are permitted to legally represent the group members (Travellers) and that the Group leader is permitted to make and receive declarations on behalf of the group members. If travel vouchers are dispatched, they shall be sent solely to the Group leader for the whole tour group. Payments shall be processed exclusively through the Group leader with debt discharging effect.
The contractual obligation of LUEX is limited to the proper intermediation of the booked travel-related products and services. The contractual obligations of LUEX do not include the delivery of the booked product or service.
5. Payments, cancellation charges
LUEX is entitled to demand payment of deposits and outstanding amounts in accordance with the general terms and conditions as well as the terms and conditions of payment of the Service provider of the mediated product or service. Payment shall be collected as instructed by the respective Service provider. It is possible that the method of payment accepted by the Service provider may differ from the standard modes of payment used by LUEX or in Germany generally. The details are to be found in each of the offerings respectively. To the extent that nothing to the contrary has been agreed, the following shall apply:
Following receipt of the payment request, payment of the deposit indicated on the payment request is to be made in a single payment within one week by means of the payment method indicated. The deposit shall be at least 25% of the total price of the travel-related products or services that have been booked. The outstanding amount for the travel-related products or services is to be paid no later than 30 days prior to the commencement of travel as a single payment by means of the payment method indicated without any further request for payment. In the case of tour groups, the Group leader is responsible for ensuring consistent payment processing. The total price of a tour booked at short notice (within 30 days of tour commencement) is due immediately.
If due payments are not made or not made in full and the Traveller/Group leader does not pay after a reminder with a final due date, LUEX or the Service provider are able to withdraw from the particular agreement, unless LUEX or the Service provider is already responsible for a significant flaw, failing or shortcoming at this time. If the Traveller is responsible for the cancellation, LUEX or the Service provider can demand compensation in accordance with the agreed fixed rates for compensation. If nothing else has been stipulated within the offer/travel confirmation, the fixed rate in the event of the Traveller cancelling more than 30 days prior to departure is 25% of the price of the tour. The Traveller/Group leader is entitled to provide evidence of lower costs or costs that did not eventuate, while LUEX is free to calculate and demonstrate substantially higher costs.
LUEX assumes no currency risks. In order to minimise currency risks, LUEX shall exchange the travel payments received into the target currency of the country of the respective Service provider as soon as possible after receipt of payment. In the event of major currency fluctuations, the Traveller/Group leader shall indemnify LUEX against any proven currency exchange losses. Reimbursements shall be made solely by means of bank transfers in the currency of the recipient. Bank fees and charges shall be borne by the Traveller/Group leader.
If the Traveller/Group leader pays by bank transfer, LUEX can only facilitate a smooth booking process if the Traveller/Group leader uses the designated booking ID in the purpose field of the bank transfer which is specified in the request for payment. Otherwise LUEX may not be able to assign the payment to the correct booking. A failure to do that correctly can result in the cancellation of a trip in the worst-case scenario.
If the Traveller wishes to book not as a private individual, but as a business traveller acting on instructions or as a legal representative, this must be noted already during the booking process and cannot be subsequently altered. This can have taxation consequences and should therefore be carefully considered.
The customer shall receive a payment receipt in the form of a booking confirmation from LUEX showing the total price, either paid or to be paid to the Service provider.
6. Alterations, cancellations, reimbursements
In the event that a confirmed booking is modified or cancelled, LUEX is to be contacted as quickly as possible in this matter such that a possible solution can be sought in consultation with the Traveller/Group leader. Additional costs that result for LUEX or the Service provider shall be borne by the Traveller/Group leader, whereby LUEX reserves the right to invoice a minimum fee of €50 for changes demanded solely by the Traveller.
Should there be a modification or cancellation by LUEX / the Service provider, LUEX shall also contact the Traveller/Group leader as soon as possible and seek a possible solution.
LUEX notes explicitly that as an intermediary LUEX cannot assume responsibility for the performance of the Service provider. In particular, LUEX offers individual travel-related products and services to exotic destinations. The Traveller recognises that booking and processing these products and services are more difficult and that a higher degree of flexibility is expected of these than for mass tourism.
7. Complaints and ratings
Should the Traveller be dissatisfied with an aspect of the travel-related product or service received in a particular case and wish to submit a complaint, they are to approach the Service provider or their representative directly at the location during their current stay so that this person can attempt to solve the problem. LUEX recommends notifying the Service provider in text form that documents the shortcomings, if possible with the aid of photos.
If the problem cannot be resolved during the stay, the Service provider must be contacted within 30 days of returning from the trip. The Service provider should then respond to the correspondence according to the applicable laws and regulations. Receipt should be confirmed in 14 days and a full response received within 28 days. If this is not the case, an explanation for the delay should be received from the Service provider.
Should the travel-related product or service not match the description on the LUEX platform, the customer must approach the Service provider or their representative directly at the location during the customer's stay. LUEX shall support customers with respect to their complaint. LUEX is to be informed of the facts involved in the situation as soon as possible in order to be able to assist in finding a solution.
The Service provider is to be contacted immediately in the event of flight or transportation problems. Customers are to check information and the general terms and conditions given to customers via the Service provider before the commencement of travel.
8. Visa, passport and travel regulations
The Traveller/Group leader shall pay attention to the special visa, passport and travel regulations for the Travellers and their country of destination. LUEX makes every effort to inform customers as comprehensively and accurately as possible. To the extent that LUEX draws attention to particular details, this can only be considered as non-binding information. Considering the high number and frequency of possible amendments to regulations, Travellers/Group leaders are requested to contact the relevant embassy/consulate for the particular destination. In this respect LUEX can assume no responsibility whatsoever for any assurance, guarantee, currency or accuracy of the information. The information provided by Travellers’ ministries of foreign affairs are a reliable source with respect to many travel destinations.
It is the sole responsibility of the Traveller/Group leader to ensure that all Travellers are in possession of all requisite travel documents (passport, Visa, etc.) at the commencement of travel and that all Travellers fulfil the health requirements.
To the extent that it is not expressly offered, insurance cover does not constitute part of the travel-related products and services offered. LUEX recommends that customers take out travel insurance, in particular travel cancellation cost insurance and in certain circumstances overseas travel insurance, including an overseas health cover component. LUEX names a reliable partner offering the relevant insurance policies to its customers at: http://www.luex.com/info/insurances.html.
10. Liability, responsibility
LUEX depends on the information provided to it by the Service providers with respect to the details of the travel-related goods and services. LUEX has only extremely limited opportunities to check such information with respect to their accuracy and completeness. Consequently, LUEX is unable to provide any guarantees or assurances with respect to the completeness, accuracy or currency of such information. The same applies for any other information made available by third parties.
LUEX is not liable for the availability of the travel-related product or service at the time of booking or for the performance of the booked travel-related product or service by the Service provider.
Within the scope of its performance obligations, LUEX is only liable for any losses that may result in the following cases, irrespective of legal grounds: The statutory regulations shall apply with the following restriction: Liability or minor negligence on the part of LUEX or its vicarious agents is excluded, provided that neither an essential contractual obligation was breached nor is there a case of initial incapacity, impossibility or default on the part of LUEX. Otherwise liability is limited to the value of the travel-related products and services booked, in any case however to predictable and typical losses. The exclusions of liability or facilitation shall apply in the same manner to the executive bodies of LUEX, as well as to their vicarious agents.
Travellers and Group leaders shall be liable to LUEX for each and every reservation/booking that is made in bad faith or with deceitful intent or with erroneous or incomplete personal data. The opportunity to book travel-related goods and services may only be utilised in order to make legal bookings as a Traveller or as a Group leader for a third party. At the same time, in utilising the offerings the Group leader guarantees that they are authorised and are permitted to act in the name of fellow travellers. In the event that there is a breach of these guarantee, the Group leader is liable without limitation to LUEX and their respective Service providers for the losses resulting from the aforesaid person’s actions.
In many countries there are safety standards that differ from those generally found in Europe, Australia or the USA. Travelers/Group leaders are strongly encouraged, also in their own interest, to access information once again immediately before commencing travel in accessible sources, such as the internet pages of the Foreign Office, with respect to changes in the travel regulations and safety warnings for the country of destination.
11. Final provisions
Should business terms and conditions or parts of the agreement be or become invalid, the validity of the remaining parts of the agreements shall not be affected.
Amendments or additions to all agreements, including a divergence from these general terms and conditions, are only possible in text form (written, by fax or e-mail). Oral agreements require written confirmation to be valid.
All communication between LUEX and a Traveller/Group leader is to be undertaken by e-mail if possible. The Traveller/Group leader therefore promises to receive and read e-mails and implement the information/instructions from LUEX accordingly. LUEX must be informed immediately of changes in contact details.
All contractual relations between LUEX, its customers and Service providers are subject exclusively to German law - with the exception of the UN Contract for the International Sale of Goods (CISG) convention. Dortmund shall be the mutually agreed place of jurisdiction for non-German Travellers.
Travel Conditions Flory Kern
Dear guests, the following terms and regulations will become – as far as they have been effectively agreed upon – part of the travel contract between you and Flory Kern, Ski – Berge – Abenteuer, Einzelfirma; Owner Flory Kern, (in the following â€žFLORY KERNâ€œ abb.). They complement the regulations by law §§ 651a-m BGB (Bürgerliches Gesetzbuch) and the information prescriptions for tour operators according to §§ 4-11 BGB-InfoV (Verordnung über Informations- und Nachweispflichten nach bürgerlichem Recht) and complete these. Please read the travel conditions carefully prior to booking..
1. Conclusion of the travel contract
1.1. By booking a journey with Flory Kern, the customer obligingly offers the conclusion of a travel contract with Flory Kern. The customer is bound to this offer for ten days.
1.2. The booking can be effected either verbally, in written, by telefax or by electronical means. Bookings in written or by telefax should always be done using the registration form of Flory Kern.
1.3. The contract will be concluded as soon as the confirmation of booking by Flory Kern has arrived with the customer. This confirmation needs no specific form. As soon as the contract has been concluded, Flory Kern will send a travel confirmation to the customer in written. If the booking is effected less than 7 days before the start of the journey, Flory Kern is not obliged to send a travel confirmation.
1.4. The customer is liable for all contractual agreements of his fellow travellers, for whom he effects a booking, as for his own if he has assumed these obligations by explicit and separate statement
2. Amendment of services
2.1. Amendments of essential travel services agreed upon by contract, that have become necessary after the contract has been cocluded and that have not been brought about by Flory Kern against good faith, are only permitted as long as the amendments are not substantial and do not com-promise the whole journey.
2.2. Warranty claims remain unaffected in case that the amended services are afflicted with defects.
2.3. Flory Kern is obliged to inform the customer of the amendment of essential travel services without delay as soon Flory Kern knows the cause of the amendment.
2.4. In case of a substantial amendment of an essential travel service the customer has the right to withdraw from the contract or demand the partici-pation in an another journey which has at least the same value as the amended journey, if Flory Kern is able to offer such a journey without extra cost from his travel program. The customer is obliged to claim these rights withour delay as soon as he has been informed of the amendment of the journey.
3.1. After the conclusion of the contract a deposit of 20% of the total price of the journey is due. The final payment is due 4 weeks before the begin-ning of the journey.
3.2. As long as Flory Kern is able to perform the contractual travel services and no right of retention by law or contract is given, the customer has no right to make use of the travel services or be handed over the travel docu-ments, as long as the travel price has not been payed in full.
3.3. If the customer does not pay the deposit and / or the final payment within the agreed due-dates, Flory Kern has the right to – after a reminder with a deadline – withdraw from the travel contract and to charge the cus-tomer a cancellation fee according to paragraph 5.
4. Price increase
4.1. Flory Kern reserves the right to increase the travel price, which has been agreed upon in the travel contract, in case of an increase in transport costs or taxes for specific services such as harbour of airport fees or in case of changes of the currency rates, according to the following condi-tions:
4.2. A price increase is only allowed provided that there are more than 4 months between the conclusion of the contract and the beginning of the journey and that the reason for the price increase has not been foreseeable by Flory Kern before or at the time of the conclusion of the contract.
4.3. If the transport costs for the journey increase after the conclusion of the contract, Flory Kern has the right to increase the price of the journey ac-cording to the following regulations:
a) If the increase is based on the number of seats, Flory Kern has the right to demand the increase per seat from the customer.
b) In any other case the additional cost per transport means, that has been asked for by the transport company, will be divided by the number of seats. Flory Kern has the right to demand the additional cost per seat from the customer.
4.4. If taxes such as harbour or airport fees, that has been agreed upon when concluding the contract, increase, Flory Kern has the right to increase the travel price according to the proportionate price increase per customer.
4.5. If the currency rate for the journey changes ofter the conclusion of the contract, Flory Kern has the right to increase the journey price to the extent to which the journey costs have increased for Flory Kern.
4.6. In case of a belated change of the journey price Flory Kern is obliged to inform the customer of the reason for the price increase without delay. Price increases are only permittable until 21 days before the journey. If the price increase amounts to more than 5% of the journey price, the customer has the right to withdraw from the contract without cost or to demand the participation in a similar journey that has at least the same value as the original journey, if Flory Kern is able to provide such a journey from his program without extra cost for the customer. The customer is obliged to claim these rights without delay as soon as he has been informed of the price increase by Flory Kern.
5. Withdrawal by the customer before the journey / cancellation fee
5.1. The customer has the right to withdraw from the travel contract at any time before the journey. The withdrawal needs to be declared in written to the address given in these travel conditions.
5.2. If the customer withdraws from the contract before the journey or does not show up for the journey, Flory Kern loses his claims on payment of the journey price. Instead of the journey price Flory Kern can demand an ade-quate compensation for the travel preparations that have been undertaken before the withdrawal and the costs that have occurred, depending on the travel price, as far as the withdrawal has not been acted for by Flory Kern and no case of force majeur is on hand.
5.3. FLORY KERN is obliged to differentiate this claim for compensation by the proximity of the withdrawal to the beginning of the journey and in a percental proportion of the journey price. When calculating the compensa-tion, expenses that can normally be saved or used otherwise need to be accounted for. The compensation will be charged depending on the date of the withdrawal according to the following regulations:
Packaged tour including scheduled or charter flight
until 30 days before the journey 20%
from the 29th to the 22nd day before the journey 30%
from the 21st to the 15th day before the journey 40%
from the 14th to the 7th day before the journey 50%
from the 6th day before the journey 55%
when withdrawing on the date of departure or not showing up for the journey 90%
Journey with own transport within Europe
until 45 days before the journey 10%
from the 44th to the 22nd day before the journey 30%
from the 21st to the 15th day before the journey 50%
from the 14th to the 7th day before the journey 75%
from the 7th day before the journey or when not showing up for the journey 80%
Journey with own transport outside of Europe
until 60 days before the journey 10%
from the 59th to the 30th day before the journey 50%
from the 29th to the 8th day before the journey 75%
from the 7th day before the journey or when not showing up for the journey 90%
5.4. The customer has the right to prove that there has been no loss for Flory Kern at all or that the loss for Flory Kern is less than the flat claim for compensation.
5.5. Flory Kern reserves the right to demand a higher compensation instead of the flat compensation mentioned above. In that case Flory Kern is obliged to account for the claimed compensation in detail, taking into ac-count the expenses that could be saved or used otherwise.
5.6. Flory Kern strongly recommends the customer to effect an insurance in order to provide for the costs in case of a necessary return transport be-cause of an accident or disease.
5.7. The right of the customer, according to the § 651 b BGB, to provide a substitute participant, remains unaffected by the preceding regulations.
6. Services that have not been made use of
If the customer does not make use of single travel services that has been offered to him in due form, for reasons that have to be accounted for by the customer himself (e.g. because of early return or for other coercive rea-sons), the customer has no right to claim back the proportionate travel price from Flory Kern. However, Flory Kern will endeavour to claim back the saved expenses from the service provider. This obligation does not apply if the services were insignificant or if lawful or governmental regulations stand against the compensation.
7. Withdrawal by Flory Kern because of not achieving the minimum number of participants
7.1. Flory Kern has the right to withdraw from the travel contract, if the minimum number of participants has not been achieved, according to the following regualtions:
a) The minimum number of participants and the latest possible date of the withdrawal by Flory Kern need to be included in the journey description.
b) Flory Kern needs to include the minimum number participants and the latest possible date of the withdrawal by Flory Kern in the confirmation of the booking.
c) Flory Kern is obliged to inform the customer without delay if the journey needs to be called off as soon as it is clear that the journey will not be carried through because the minimum number of participants has not been achieved.
d) A withdrawal from the journey by Flory Kern less than 4 weeks before the journey is not allowed.
e) The customer has the right to demand the participation in another jour-ney which has at least the same value as the journey that has been called off, if Flory Kern is able to provide such a journey from his program without extra cost for the customer. The customer is obliged to claim these rights without delay as soon as he has been informed of the withdrawal by Flory Kern.
7.2. If the journey is not carried through because the minimum number of participants has not been achieved, the customer will be refunded all pay-ments made for this journey without delay.
8. Cancellation of the travel contract due to erratic behaviour
8.1. Flory Kern has the right to cancel the travel contract without notice, if the customer disturbs the journey enduringly, irrespective of a warning by Flory Kern or if he offends against the contract in such a way that the immediate cancellation of the contract is legitimate. A cancellation is also legitimate in the case that the participant does not meet the requirements of the journey regarding his / her equipment, physical condition or behaviour when skiing, which have become part of the travel contract, or if he coun-teracts to objectively eligible directions by the tour guide, the service pro-viders or employees of the agency.
8.2. In case of the cancellation of the contract by Flory Kern, Flory Kern keeps the claim on the travel price but is obliged to refund the expenses that could be saved or used otherwise including the expenses that are refunded by the service providers.
9. Obligations of the customer
9.1. The participant is obliged to report any service defects without delay to the tour guide on spot and ask for remedy. Claims of the customer do only not expire in that case that the not reporting of the defect has been ne-glected through no fault of his / her own.
9.2. Tour guides, agencies and employees of service providers are not authorised by Flory Kern to attest defects or acknowledge claims against Flory Kern.
9.3. If the journey is substantially affected by a defect, the customer has the right to cancel the travel contract. The same applies if taking part in the journey cannot be expected from the customers because of such a defect. The reason for not taking part needs to be recognisable to Flory Kern. The cancellation is only allowed if Flory Kern – or one of his agents who have been mentioned in the travel contract as contact persons (e.g. tour guide, agancy) – have not acted to remedy the defect within a time limit set by the participant. There is no need to set a time limit if the remedy is impossible or has been refused by Flory Kern or one of his appointees or if the imme-diate cancellation is justified by an exceptional interest of the participant.
10. Limitation of liability
10.1. The contractual liability of Flory Kern is – for damages that are not bodily injuries – restricted to the threefold travel price:
a) as far as the damage has not been brought about deliberately or grossly negligently
b) as far as Flory Kern is liable for a damage only because of the fault of a service provider.
10.2. Flory Kern is not liable for service defects, personal or material dam-ages in conjunction with services that have only been put over as an agent (e.g. flights, excursions, transport services from and to the agreed starting point and / or ending point), if these services have been explicitly character-ised as external services in the journey description and the booking confir-mation including the information on who is the actual service provider. It must be clear to the customer that these services are not part of the service package of Flory Kern. Flory Kern is, however, liable
a) for services, which include the transport of the customer from the agreed starting point to the agreed ending point of the journey, any transport in between and the accommodation during the journey,
b) if and insofar as the infringement of responsibilities of Flory Kern regard-ing advice, information and organisation is the cause for the damage.
11. Exclusion of claims and limitation of claims
11.1. Claims resulting from defects in providing the agreed services during the journey need to be enforced by the customer within one month after the designated end of the journey.
11.2. The enforcement can only be effected in written under the address given in these travel conditions.
11.3. After the expiration of the time limit the claims can only still be en-forced by the customer if he / she has been prohited from the timely en-forcement through no fault of his / her own.
11.4. Contractual claims of the customer according to §§ 651 c to f BGB, resulting from the violation of life or bodily harm including contractual claims for compensation for pain and suffering that result from a negligent breach of duty by Flory Kern, or that result from a deliberate or negligent breach of duty of one of his lawful appointees or auxiliary persons, are limited to two years. The same applies to claims on compensation of other damages, that are the result of a grossly negligent breach of duty by Flory Kern or that result from a deliberate or grossly negligent breach of duty by one of his lawful appointees or auxiliary persons.
11.5. All other contractual claims are limited to one year, according to § 651 c to f BGB.
11.6. The limitation of claims according to the paragraphs 11.4 and 11.5 starts the day on which the journey should have ended according to the travel contract.
11.7. If there are any pendent negotiations between the customer and Flory Kern, regarding the claim or the circumstances leading to the claim, the limitation is suspended until the customer or Flory Kern refuses the con-tinuation of the negotiations. The limitation of the claim comes into effect three months after the end of the suspension at the earliest.
12. Information on the identity of the fulfilling airline
12.1. Flory Kern informs the customer according to the â€žEU regulation for the information of flight customers regarding the identity of the fulfilling airlineâ€œ before or together with the booking of the identity of the fulfilling airline(s) regarding all air transport within the booked journey.
12.2. If at the time of booking the fulfilling airline is not yet clear, Flory Kern is obliged to inform the customer of which airline(s) will probably undertake the air transport. As soon as the fulfilling airline(s) is / are clear, Flory Kern will inform the customer without delay.
12.3. In the case that the fulfilling airline, which has been communicated to the customer, changes, Flory Kern will inform the customer of the change without delay and as quick as it is possible with adeqaute means.
12.4. The â€žBlack Listâ€œ (airlines who are not allowed to operate in the air-space of the member states) which has been compiled according to the EU regulation, is published on the website of Flory Kern and can be accessed in the office of Flory Kern.
13. Choice of law and jurisdiction
13.1. The travel contract between Flory Kern and the customer underlies solely German law. This applies to the whole legal relationship.
13.2. If, with legal action against Flory Kern abroad regarding the liability of Flory Kern on ist merits, not German right is applied, only German law will however be applied on legal consequences, particularly regarding the manner and extent of claims of the customer.
13.3. The customer can only take legal action against Flory Kern at his regsitered office.
13.4. For legal action of Flory Kern against a customer the residence of the customer is decisive. For legal action against customers, respectively the contractual partner of the travel contract, that are merchants, legal persons by public or private law or who are persons who have their residence or commmon residence abroad or who’s residence or common residence is not clear at the time of taking legal action, the jurisdiction is that of Flory Kern.
13.5. The preceding regulations do not come into effect when and insofar as regulations that are applicable to the travel contract and that are not mandatory, are more favourable for the customer in the EU member state, to which the customer belongs or the according German regulations than the perceding regulations.