General terms and conditions

General Terms and Conditions Nostalgic GmbH & Co, KG
 

1. Includes

1.1. Nostalgic runs guided driving tours for people driving either their own or hired classic cars. The services included can be found in the tour description or the custom offer. Nostalgic endeavours to allocate the hired classic cars in accordance with the travellers’ wishes but cannot guarantee a specific vehicle.
1.2. Nostalgic’s classic cars come with motor vehicle liability insurance and full comprehensive cover. The excess amounts to EUR 2,500 per claim. Any damage must be reported to the tour directors immediately. The tour member can read the conditions of the insurance policy at Nostalgic’s office.
1.3. As a rule, the tour fee does not include other insurance policies such as travel cancellation insurance or luggage insurance.
1.4. Nostalgic strongly advises tour members to check for relevant cover and take it out if applicable. Upon request, Nostalgic will take it out on behalf of the customer for a fee.
 

2. Concluding the travel contract

2.1. The following applies for all booking methods:

1. a) This offer is made on the basis of travel advertisements and supplementary information provided by the tour operator, provided that they are available to the customer during booking.
2. b) The customer shall be liable for all contractual obligations of the guests for whom they have made the booking and their own, provided that they have assumed this obligation by means of an express, separate declaration.
3. c) If the contents of the tour operator’s declaration of acceptance differ from the contents of the booking, a new offer shall be made by the tour operator. The contract shall take effect on the basis of the new offer if the customer declares to the tour operator that they accept it by way of express declaration or payment of the deposit.

2.2. The following applies for oral, telephone, written, email or fax bookings:

1. a) Upon reservation (travel registration) the customer concludes a binding travel contract with the tour operator.
2. b) The contract shall come into effect once the customer receives the booking confirmation (declaration of acceptance) from the tour operator. Upon conclusion of the contract or immediately thereafter, the tour operator will issue a travel confirmation in writing to the customer.

2.3. For online bookings, the following applies for conclusion of the contract:

1. a) The online booking procedure will be explained to the customer on the web page.
2. b) To enable the customer to correct their entries, delete or reset the entire online booking form, a suitable correction option is provided along with information on how to use it.
3. c) Upon pressing the ‘Confirm booking’ button, the customer concludes a binding travel contract with the tour operator.
4. d) They will immediately be sent confirmation of the booking (travel registration) electronically (confirmation of receipt).
5. e) Submitting the booking (travel registration) by pressing the ‘Confirm booking’ button shall not constitute a claim on the part of the customer that a travel contract corresponding to the booking has come into effect. The contract shall come into effect once the customer receives the booking confirmation (declaration of acceptance) from the tour operator by telephone, email, fax or in writing.

3. Payment

3.1. After conclusion of the contract, a down payment of 20% of the tour fee is due on delivery of the security note.
3.2. Along with the deposit, any premiums for additional travel cancellation insurance and other insurance must be paid in full.
3.3. The remaining payment is due 30 days before the tour begins.
3.4. If the remaining cost is not paid in full, the customer shall have no claim to provision of the travel services by Nostalgic.
3.5. If the payment is not made in due time, Nostalgic will give the customer an extended deadline for payment. If the customer lets the extended deadline elapse without paying the tour fee in full, Nostalgic may rescind the contract. Nostalgic shall then be released from its obligation to provide the services and may demand the corresponding cancellation costs.

4. Cancellation by the customer/terms of cancellation/substitute participants/rebooking

4.1. The customer may withdraw from the tour at any time before it begins. Nostalgic must be notified of the cancellation in writing. If the customer terminates the agreement before the start of the tour or does not participate in the tour, Nostalgic shall lose the right to claim the tour fee. Provided that the cancellation is not attributable to Nostalgic or is the result of force majeure, Nostalgic may claim reasonable compensation for the travel arrangements made prior to the cancellation and expenditure as a proportion of the respective tour fee.
4.2. Nostalgic has scaled this claim to compensation chronologically, that is, taking into consideration the closeness of the time of the withdrawal to the contractually agreed start of the tour generalised in a percentage proportion of the tour fee and has considered any normally saved expenses and generally possible other uses of the travel services in the calculation of the compensation. Compensation shall be calculated from the date of receipt of the cancellation declaration as follows (as a percentage of the travel fee):
up to 121 days before the start of the tour 20 %
from 121 days before the start of the tour 50 %
from 30 days before the start of the tour 90%.
4.3. It is the responsibility of the customer to prove to the tour operator that no or significantly lower damages have been incurred than the reimbursement amount that has been charged.
4.4. The customer’s right to nominate a substitute participant in accordance with Section 651b of the German Civil Code (BGB) (from 1 July 2018 in accordance with Section 651e BGB) is not affected by the above conditions. Conversely, the customer shall have no right after conclusion of the contract to make changes to the tour date, destination, departure point, accommodation or mode of transport (rebooking). Customer requests to change the reservation, if the changes are at all possible, may be made only after withdrawal from the travel agreement, in accordance with Section 3.1. on the terms and conditions, and simultaneous re-registration.
4.5. If the traveller does not claim individual services which were duly offered to them for reasons attributable to them (e.g. due to an early return journey or for other urgent reasons), they shall not be entitled to a proportional refund of the tour fee. The tour operator shall endeavour to obtain reimbursement of the saved costs from the service provider. This obligation shall not apply to fully insignificant services or if reimbursement is in conflict with statutory regulations or the dispositions of governmental authorities.

5. Reservation of the right to cancel in the event that the minimum number of participants is not

5.1. If the minimum number of participants set in the travel description or elsewhere in the travel contract is not reached, Nostalgic can terminate the travel contract no later than 31 days before the start of the tour. In that case, the customer shall be entitled to participate in another tour advertised by Nostalgic, provided that Nostalgic is able to offer it at no extra cost. If the customer does not book the alternative tour by the day on which the tour cancelled by Nostalgic was scheduled to begin, Nostalgic shall reimburse the customer with any down payments made on the tour fee. Additional costs, e.g. for an outward journey booked and not claimed by the customer, are non-refundable.
5.2. If the trip is significantly impeded, endangered or impacted by a force majeure that was not foreseeable when the contract was concluded, both the customer and Nostalgic may cancel the contract. The mutual rights and obligations regarding such termination are derived from statutory regulations.
5.3. Nostalgic may also terminate the travel contract for good reason prior to departure in compliance with statutory provisions (Section 314 BGB). Good cause may be, in particular, if the customer persistently disrupts or endangers the tour and does not remedy their behaviour even after being called to order. The tour director may also terminate the contract and has been authorised to do so by Nostalgic.

6. Changes to the service

6.1. Changes to fundamental travel services from what is agreed in the contract, which become necessary after conclusion of the contract and are not made by Nostalgic in bad faith, shall only be refunded if the changes are not considerable and do not compromise the overall arrangement of the trip. Any warranty claims remain unaffected if the modified services are deemed unsatisfactory.
6.2. Nostalgic undertakes to notify the customer immediately of major changes to the service as soon as they know the reason for the changes.
6.3. In the event of a considerable change to a fundamental tour service, the customer shall be entitled to withdraw from the travel contract free of charge or request participation in a tour of at least the same value provided that Nostalgic is able to offer such a tour from its portfolio at no extra cost to the customer. The customer shall assert that right without delay against Nostalgic after the declaration by Nostalgic of the modification to the travel service or cancellation of the journey.

7. Travellers’ obligation to cooperate

7.1. If the tour is not carried out in accordance with the contract, the traveller may demand remedial action.
The traveller undertakes, however, to report any deficiencies in the travel service to Nostalgic immediately. Should they culpably fail to do so, there will be no reduction in the tour fee.
This shall not apply only if the notification is clearly futile or is unreasonable for other reasons. The traveller undertakes to notify the tour directors of defects immediately. The tour directors are instructed to take remedial action, provided that that is possible. However, they are not authorised to validate any claims.
7.2. If a client wishes to cancel the travel contract on the basis of a tour deficiency as described in Section 651c BGB (from 1 July 2018 in 651l BGB) or a significant, unacceptable issue which is apparent to Nostalgic, they are obliged to first set Nostalgic a reasonable deadline to remedy the situation. That only does not apply if remedial action is not possible, is refused by Nostalgic or immediate termination of the contract is in the best interests of the customer as recognised by Nostalgic.
7.3. In the case of air travel, the tour operator recommends that damage to or a delay in the delivery of luggage be reported to the airline responsible immediately at the airport by means of a property irregularity report (P.I.R). As a rule, airlines refuse to make reimbursements unless a P.I.R has been filled out. Damage to luggage must be reimbursed within 7 days of submission of the P.I.R. and a delay in delivering luggage within 21. Loss, damage or the incorrect delivery of luggage must also be reported to the tour directors.
7.4. The customer must inform the tour operator if they have not received the required travel documents by the date advised by the tour operator.

8. Limitation of liability

8.1. Nostalgic’s contractual liability for damage which does not arise from death, injury or damage to health is limited to triple the tour fee,

1. a) provided that the loss suffered by the traveller was not caused intentionally or through gross negligence or
2. b) provided that a tour operator is responsible for the loss suffered by the traveller solely due to the fault of a service provider.

Any additional claims pursuant to the Montreal Agreement or the Air Traffic Act, for example, shall remain unaffected by this limitation.

9. Assertion of claims

9.1. Contractual claims which arise from non-compliant performance of the travel services in accordance with Sections 651c-f BGB must be invoked by the traveller against Nostalgic within one month of the contractually scheduled end of the tour. Only in the event of involuntary failure to observe the time limit is it possible to assert claims after the deadline has elapsed.
9.2. The customer’s claims laid down in Section 8.1. shall expire after one year, unless there are claims for bodily damage or claims arising from intent or gross negligence. Such claims shall expire after two years. The limitation period begins on the day on which the tour was scheduled to end in the contract.
9.3. The claim may be made against Nostalgic at its registered address within the period stated above.

10. Traveller’s responsibility for passport, visa and health regulations

Nostalgic shall inform the tour participants, who are citizens of the country in which the tour is offered, of passport, visa and health provisions and any changes prior to departure. The traveller shall be responsible for compliance with all provisions which are significant to the tour. Any losses, in particular the payment of cancellation fees, which arise from failure to comply with those provisions, shall be borne by the traveller unless Nostalgic culpably provided incorrect advice or failed to provide advice.
 

11. Traveller’s responsibility to submit their driving licence and acknowledgement of self-endangerment through use of motor vehicles and the information on general liability for the vehicle

11.1. Tour participants driving one of Nostalgic’s classic vehicles must be 25 years old on the day on which the tour starts and have held a Class B driving licence for a minimum of five years. All EU driving licences and equivalent driving licences are recognised. The tour participant is obliged to submit their driving licence for inspection.
11.2. Der Reiseteilnehmer unternimmt die Reise auf eigene Gefahr. Die Haftung eines Reiseteilnehmers am Steuer eines Fahrzeuges von Nostalgic entspricht der Haftung, die der Reisende als Führer eines eigenen oder berechtigt benutzten Kfz im öffentlichen Straßenverkehr zutragen hat. Er wird in die Handhabung der Fahrzeuge eingewiesen und ist selbst für die Einhaltung der Straßenverkehrsordnung sowie aller gesetzlichen Auflagen verantwortlich. Der Reiseteilnehmer haftet bei selbst verschuldeten Unfall- und anderen Schäden an Fahrzeugen von Nostalgic bis zur Höhe der Selbstbeteiligung (2.500 Euro pro Schadenfall), unbenommen bleibt eine private Haftpflicht gegenüber Dritten.
11.3. The tour participant shall be liable without limitation for any damage caused intentionally or through gross negligence or when driving under the influence of drugs or alcohol in the event of a hit and run or demonstrably improper handling of the Nostalgic vehicle(s).
11.4. All tour participants who will be driving a Nostalgic vehicle are obliged to attend the vehicle induction. By participating on the tour, the tour participant undertakes to follow the tour directors’ instructions, in particular in the event of a breakdown or accident.
11.5. To process fines incurred by the tour participant as a driver, Nostalgic reserves the right to levy a flat-rate processing fee of EUR 50 each time, regardless of the amount of the fine.

12. DATA PROTECTION

The personal data which the customer provides to the tour operator is processed and used electronically as needed for creating, executing or terminating the travel contract and for customer support. When collecting, processing and using personal data, the tour operator shall comply with the provisions of the German Federal Data Protection Act (BDSG).

13. Tour operator

Nostalgic GmbH & Co. KG, AG Munich, HRA 85875
Registered office: Balanstr. 73, 81541 Munich
Personally liable partners: Nostalgic Beteiligungs GmbH, AG Munich, HRB 156660
General Managers: Walter Laimer, Gert Pichler

14. General provisions/legal venue

14.1. Verbal agreements require written confirmation to become effective.
14.2. Ist der Reiseteilnehmer Kaufmann i.S.d Handelsgesetzbuchs, juristische Person des öffentlichen Rechts oder ein öffentlich-rechtliches Sondervermögen, ist ausschließlicher  - auch internationaler Gerichtsstand für alle sich aus dem Vertragsverhältnis unmittelbar oder mittelbar ergebenden Streitigkeiten unser Geschäftssitz in München. Entsprechendes gilt, wenn der Reiseteilnehmer i.S.v. § 14 BGB ist. Wir sind jedoch in allen Fällen auch berechtigt, Klage am allgemeinen Gerichtsstand des Reiseteilnehmers zu erheben. Vorrangige gesetzliche Vorschriften, insbesondere zu ausschließlichen Zuständigkeiten, bleiben unberührt.

15. Severability clause

If individual provisions of the travel contract or these general conditions of travel become invalid, that shall not affect the validity of the travel contract as a whole.