General Terms and Conditions (GTC) for Julius Kramer – Nature Photography
1. scope of application and mediation role
These GTC apply to all photo tours arranged by Julius Kramer – Naturfotografie (hereinafter referred to as “Julius Kramer”). Julius Kramer acts exclusively as a travel agent, not as an organizer. The contract is concluded between the customer and the local tour operator named in each case. Julius Kramer acts in accordance with § 631 ff. BGB and is not entitled to change the content of the travel contract Deviating terms and conditions of the customer shall only become effective if Julius Kramer expressly confirms them in writing.
Julius Kramer confirms receipt of the booking request by e-mail. With this confirmation, the agency contract between the customer and Julius Kramer comes into being. At the same time, Julius Kramer arranges the travel contract with the respective organizer (in accordance with § 651a ff. BGB in conjunction with Art. 250 EGBGB). The rights and obligations arising from the booked trip shall be governed exclusively by the agreements with the organizer and its GTC. Julius Kramer is not the organizer of the travel services, but transmits the offer and confirmation.
2. booking and conclusion of contract
The booking is made by the customer in writing, by telephone or by e-mail. With the booking request, the customer offers Julius Kramer the conclusion of an agency contract. The brokerage contract shall come into effect upon confirmation by Julius Kramer. At the same time, the contract between the customer and the respective tour operator is confirmed. In the booking confirmation, Julius Kramer informs the customer of all essential travel services and issues the invoice. Only after receipt of the deposit (see Clause 4) shall the services be deemed secured.
3. description of services and changes by the organizer
The arranged travel services result from the tour operator’s service description (e.g. catalog, Internet, brochure) and the information in the booking confirmation. Changes to individual services are possible, provided this does not significantly affect the overall character of the trip. The tour operator reserves the right to adjust prices if significant cost factors (e.g. fuel, taxes, airport fees, exchange rates) increase unexpectedly after the contract has been concluded. The customer will be informed of such changes in good time, stating the reasons.
If a significant change to the service becomes necessary (e.g. change to the itinerary or accommodation) and this results in significant disadvantages for the customer, the customer may withdraw free of charge within the period set by the organizer or demand an equivalent replacement trip. The organizer or Julius Kramer shall not be liable for minor changes due to technical reasons (e.g. changed flight times, short-term route changes) and shall inform the customer of all changes in text form, insofar as this is required by law.
4 Terms of payment and invoicing
Upon receipt of the booking confirmation, a deposit of 30% of the tour price is due within 7 days. The remaining amount must be paid no later than 30 days before the start of the trip. If the booking is made within 30 days before departure, the total price is due immediately. Julius Kramer shall invoice the customer. Payments shall be made in euros by bank transfer to the specified account.
Payments shall only be deemed to have been made upon receipt in Julius Kramer’s account. If the customer fails to meet its payment obligations despite a reminder, Julius Kramer may withdraw from the contract and, if applicable, charge cancellation costs. Julius Kramer reserves the right to exercise its statutory rights of withdrawal until the invoice has been paid in full.
5 Withdrawal by the participant (cancellation)
5.1. General information: The participant may withdraw from the contract at any time before the start of the trip or workshop. Withdrawal must be declared to the organizer; in order to meet the deadline, the declaration of withdrawal must be received by the organizer before the start of the trip. It is recommended that the withdrawal be declared in writing or in text form (e.g. by e-mail). If the participant withdraws from the contract or does not take part in the trip/workshop, the organizer may demand compensation.
5.2. Cancellation fees: The organizer has staggered this compensation over a period of time and has set a flat rate. The amount of the flat-rate cancellation fee is based on the time of the participant’s withdrawal before the start of the trip and the total price (less any expenses saved and any possible sale of the travel service to another party). The compensation amounts to:
- Up to 60 days before the start of the trip: 20% of the total price
- 59 to 30 days before the start of the trip: 50% of the total price
- 29 to 15 days before the start of the trip: 75% of the total price
- From 14 days before the start of the trip or in the event of no-show: 100% of the total price
The date of receipt of the declaration of withdrawal by the organizer is decisive for the deadline. The participant has the right to prove that the organizer has suffered no damage or significantly less damage than the above flat rates.
5.3. Higher compensation: The organizer reserves the right to demand higher compensation instead of the above flat rates if it can prove that it has incurred significantly higher costs. In this case, the organizer shall quantify and substantiate the compensation, taking into account saved expenses and other uses of the travel service.
6. rebooking and replacement person
Rebooking: The participant has no general legal right to make changes to the travel booking (rebooking with regard to travel date, destination, accommodation, mode of transportation, etc.) after conclusion of the contract. If the organizer nevertheless makes a rebooking at the participant’s request, it may charge a rebooking fee of €30 per change up to 30 days before the start of the trip. The participant reserves the right to prove that the organizer has incurred no or only minor damages or expenses. Rebooking requests received by the organizer later than 30 days before the start of the trip can only be carried out – if at all possible – by the participant withdrawing from the trip under the above conditions (cancellation fees according to section 5) and subsequently rebooking another travel service.
Transfer of contract (substitute person): The participant may declare on a durable medium (e.g. by e-mail) up to 7 days before the start of the trip at the latest that a third party is to assume the rights and obligations arising from the travel contract in his/her place. Such a transfer of contract requires the consent of the organizer. The organizer may object to the entry of the third party if this person does not meet the contractual participation requirements (e.g. with regard to required experience, equipment or health requirements). If a third party enters into the contract, he and the original participant are jointly and severally liable to the organizer for the tour price and the additional costs incurred by the entry. The organizer may only charge additional costs (e.g. due to rebooking fees from service providers) if these have actually and reasonably been incurred; upon request, the organizer shall provide the participant with proof of the amount of the additional costs.
7. services not utilized
If the participant does not make use of individual travel services properly offered to him by the organizer for reasons that are solely within his sphere of influence (e.g. due to early departure, illness or other personal reasons), he shall not be entitled to a pro rata refund of the travel price. This does not affect any claims the participant may have under insurance policies (e.g. travel interruption insurance), if such exist.
8 Withdrawal and termination by the organizer
The organizer may withdraw from the contract before the start of the trip or terminate the contract after the start of the trip in the following cases:
- Failure to reach the minimum number of participants: If a minimum number of participants is specified for a trip (in the travel advertisement or pre-contractual information) and this is not reached, the organizer may withdraw from the travel contract and cancel the trip up to the latest date specified there (at the latest 35 days before the start of the trip). The prerequisite for this is that the minimum number of participants and the latest time of withdrawal were clearly stated in the booking confirmation. In this case, the participant will immediately receive a full refund of any payments already made. Further claims due to withdrawal are excluded.
- Unavoidable, extraordinary circumstances: The organizer may withdraw from the contract if it is prevented from carrying out the trip due to unavoidable, extraordinary circumstances (force majeure). This includes, for example, natural disasters, political unrest, epidemics or comparable events at the travel destination. In this case, withdrawal shall be declared immediately after knowledge of the event. In this case too, the participant will be refunded the travel price paid; any further claims are excluded.
- Disruptive behavior on the part of the participant: If the participant behaves in a persistently disruptive manner or in gross breach of contract despite a warning from the tour operator, so that it is unreasonable for the tour operator and/or fellow travelers to continue the tour in accordance with the contract until the end of the tour, the tour operator may terminate the travel contract without notice. This applies in particular if the participant repeatedly fails to comply with factual information, safety instructions or rules of the tour guide and thereby endangers himself or others or significantly impairs the execution of the tour. In this case, the organizer retains the right to the tour price, but must allow the value of saved expenses and benefits from any other use of the unused services to be offset. Additional costs for an early return journey of the participant shall be borne by the participant.
- Cancellation of the tour guide/photographer: If the planned photo tour guide (e.g. Julius Kramer himself) is unable to attend due to illness or another serious, unforeseen reason, the organizer will endeavour to provide an equivalent replacement and the trip will still take place. In this case, the participants will receive a lump sum compensation of € 500 as compensation. The contractual travel services remain unaffected, but the trip will be carried out without the participation of the originally planned photographer/guide. Further claims by the participant are excluded in this case. (Note: If no adequate replacement is available, the organizer reserves the right to cancel the trip; in this case, the tour price will be refunded).
9. notification of defects and remedy
Notification of defects: The participant is obliged to notify the organizer or the local tour guide immediately of any travel defects or service disruptions and to demand remedy within a reasonable period of time. For this purpose, the participant may use the contact options provided by the organizer (telephone, e-mail of the tour guide, etc.). If the participant fails to report a defect on site in a timely manner without considerable difficulties preventing him from doing so, the participant’s statutory warranty claims (such as reduction or compensation) shall not apply if the organizer was unable to remedy the situation due to the failure to report the defect. The participant may only organize remedial action himself (self-remedy) if the organizer does not provide remedial action within a reasonable period of time and the self-remedy is necessary.
Remedy by the organizer: If the participant justifiably requests remedy, the organizer shall remedy the travel defect within a reasonable period of time. At the organizer’s discretion, the remedy may also take the form of substitute services or substitute measures that are of equal or greater value than the contractually owed service (e.g. provision of an equivalent substitute program or property). The organizer may refuse to remedy the situation if it is impossible or would involve disproportionately high costs, measured against the extent of the defect and the value of the affected travel service. In this case, the participant will be informed and, where possible, equivalent replacement services may be offered, which the participant does not have to accept.
Termination in the event of significant defects: If the trip is significantly impaired as a result of a significant defect and the organizer does not provide a remedy within a reasonable period of time, the participant may terminate the travel contract – preferably in writing in his own interest. There is no need to set a prior deadline for remedy if the organizer refuses to provide remedy or if immediate remedy is necessary (e.g. in the case of a particularly serious defect that acutely endangers the trip). In the event of justified termination due to a defect, the organizer retains the right to payment for those services that have already been provided or are still to be provided at the end of the trip. The participant’s claims for any reduction in the travel price or compensation remain unaffected, insofar as they arise from travel law (Sections 651i, 651n BGB).
10 Liability of the intermediary
Julius Kramer is only liable for the careful mediation of the travel contract and the correct forwarding of the services of the organizer. Julius Kramer accepts no liability for defects and damages arising in connection with the arranged travel service. This applies in particular to deficiencies in the organizer’s services (e.g. delays, accommodation, catering), insofar as these are not due to gross negligence or intent on the part of Julius Kramer.
The liability of Julius Kramer as an intermediary is limited to intent and gross negligence. Julius Kramer shall only be liable for slight negligence in the event of a breach of a material contractual obligation (cardinal obligation). If any of its own obligations (e.g. information obligations pursuant to Art. 250 EGBGB) are culpably breached, the customer shall retain its claims. The statutory liability shall also apply to damages to life, body or health in the event of slight negligence.
The organizer is responsible for the contractual performance of the travel services. The customer can contact the local representative of the organizer (tour guide) directly in the event of service disruptions. Claims due to travel defects are directed against the organizer in accordance with § 651c ff. BGB. Julius Kramer shall provide the customer with the contact details of the tour operator on request.
11. role as photo guide
Julius Kramer accompanies the photo tour as a German-speaking nature photographer and photo guide. He gives practical advice on photography (technique, image composition, ethics), but does not assume any organizational organizer duties. Julius Kramer is not obliged to guarantee special photo results. He provides professional support without assuming the additional responsibilities of a tour guide. Julius Kramer is not liable for the personal belongings or photographic equipment of the participants.
12 Image rights and obligations to cooperate
Each participant is obliged to contribute to the smooth running of the photo tour or workshop through his/her conduct. In particular, the following duties of cooperation and conduct are emphasized:
Care, safety and damage prevention: The participant must do everything reasonable to avoid or minimize damage. In particular, the participant is obliged to inform the organizer or tour guide of possible dangers or risks of damage as soon as they become apparent. Participants are responsible for their own equipment and valuables (especially photographic equipment); they must ensure that they are in a safe condition, stored and insured against theft, loss or damage. The organizer cannot be held liable for loss of or damage to private equipment unless the damage was caused by gross negligence or intent on the part of the organizer.
Consideration: The participant must show consideration for the interests of other group members and the environment. In particular, when using drones or other photographic equipment, they must ensure that they do not unnecessarily disturb fellow travelers, wild animals or local residents. The instructions of the tour guide must be followed. In the event of non-compliance, see also section 9 (termination of contract by the organizer).
Punctuality and arrival: The participant is responsible for arriving at the agreed meeting point or place of departure on time. This applies in particular if arrival and departure (e.g. flights) are booked independently by the participant. Sufficient time must be allowed for check-in, security checks and any health formalities. For international flights, the participant should arrive at the airport at least 3 hours before departure on the day of departure to ensure a stress-free process. Any delays caused by failure to comply with this recommendation will be charged to the participant.
Participants’ copyrights: The photographs and video recordings made by the participant during the trip remain his property and are subject to his copyright. However, the participant is responsible for not violating the personal rights of third parties when taking photos of people and, if necessary, for obtaining their consent.
Rights of use of the organizer to participant photos: If the participant provides the organizer with photos (e.g. for publication in a travel blog, experience report or on social media), the participant grants the organizer a simple right of use to these photos. The organizer may use such photos voluntarily shared by the participant for reporting on the trip or for its own advertising purposes (e.g. on the organizer’s website or in social media), provided that the participant does not object to such use at the latest when the photos are provided.
Photo and video recordings by the organizer: The participant agrees that the organizer or its agents may take photos or video recordings during the trip in which the participant may be recognizably depicted. The organizer may use such recordings for non-commercial reports on the trip (e.g. blog posts) or for self-promotion (e.g. illustrations on the website, in brochures or social networks). If the participant does not agree to this, he/she can inform the organizer of this in text form (e.g. by e-mail) before the start of the trip. In this case, the organizer will take reasonable precautions to ensure that the participant is not depicted or is only depicted after being made unrecognizable. Any further commercial use of the recordings by the organizer shall not take place without the express consent of the participant.
13. no right of withdrawal for distance selling transactions
Note: The bookings of the photo tours and workshops offered by the organizer are services in the field of leisure activities with a fixed date or period. There is therefore no right of revocation in accordance with §§ 312g Para. 2, 355 BGB (14-day right of revocation for distance selling contracts). This means that the booking is binding immediately after confirmation and cannot be revoked by the participant. However, the participant is entitled to the contractual rights of withdrawal and termination in accordance with these GTC (see in particular sections 5 and 9).
A right of withdrawal would only exist if the travel contract had been concluded outside of business premises on the basis of verbal negotiations (Section 312g (2) No. 9 BGB), unless the negotiations were conducted at the consumer’s prior request. As a rule, however, bookings are made online, by telephone or e-mail and therefore at a distance, where no right of withdrawal applies. The participant is hereby informed that his/her booking is binding.
14. data protection
The organizer takes the protection of personal data very seriously and observes the relevant data protection regulations, in particular the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Personal data of the participant (e.g. name, address, contact details, booked travel services) are only collected, stored and processed by the organizer insofar as this is necessary for the establishment, execution and processing of the travel contract or for pre-contractual measures at the request of the participant. The legal basis is Art. 6 para. 1 lit. b GDPR (contract fulfillment or initiation). Data will only be passed on to third parties if this is necessary to fulfill the contract (e.g. passing on names to the hotel or the local guide) or if the organizer is legally obliged to do so. Commercially motivated disclosure to third parties for advertising purposes will not take place without the express consent of the participant.
The participant has the right to obtain information about the personal data stored about him/her and, if the legal requirements are met, to request the correction, deletion or restriction of the processing of this data. They may also object to the use of their data for advertising purposes, market research or opinion polling at any time. To exercise their rights, participants can contact the organizer in writing or by email (contact e.g. via julius@fokusnatur.de). Further information on data protection, in particular on the duration of data storage and the contact options for the data protection officer, can be found in the data protection declaration on the organizer’s website.
15. final provisions (place of jurisdiction, choice of law, severability clause)
Applicable law: The entire contractual relationship between the organizer and the participant shall be governed exclusively by German law. Should local law abroad contain mandatory regulations for the responsibility of the service provider for individual services (in particular in the context of third-party services, see Section 13), these shall remain unaffected.
Place of jurisdiction: To the extent permitted by law, Munich is agreed as the place of jurisdiction. In the event of legal action by the participant against the organizer, this shall only apply if the participant has his domicile or habitual residence outside Germany or moves abroad after conclusion of the contract or if his domicile is not known at the time the action is brought. In the event of legal action by the organizer against the participant, the statutory place of jurisdiction shall apply.
Severability clause: Should a provision of this contract or these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In such a case, the contracting parties shall seek a mutually agreeable provision that comes as close as possible to the economic purpose of the invalid provision. Amendments and additions to the contract must be made in writing (text form is not sufficient). Verbal collateral agreements shall not become part of the contract unless they have been confirmed in writing by the organizer.
16. online dispute resolution and consumer dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which the participant can access at https://ec.europa.eu/consumers/odr. This platform is used for the out-of-court settlement of disputes arising from online legal transactions. The intermediary is legally obliged to refer to this platform.
However, the broker does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so. There is no internal complaints procedure. Complaints or problems can be reported directly to the organizer – an amicable solution will always be sought.
By booking, the participant agrees to the above conditions.