fairtours

General Terms and Conditions of Business 

I.  Scope of Application, Definitions

1.  These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all contracts for the booking of hotel rooms on hotel ships as well as for the full charter of hotel ships for accommodation between us, the

Fairtours Business Express GmbH
Meister-Gerhard-Str. 4
50674 Köln
Tel: 0221 660340
e-mail: fairtours@fairtours.com

(hereinafter referred to as "Fairtours")
and you as our customer (hereinafter referred to as the "Client").

2.  The version of the GTC valid at the time of conclusion of the contract shall apply.

3.  We do not accept any deviating terms and conditions of the Client. This shall also apply if we do not expressly object to their inclusion.

II. Conclusion of the Contract

1.  Upon request, Fairtours will send the Client an email with information about rooms on hotel ships and hotel ships which Fairtours offers for booking. The presentation of hotel ships and rooms on the hotel ships in Fairtours' information material does not constitute a binding offer to conclude a contract.

2.  The following applies to individual bookings of one or more rooms on hotel ships:
a)  By sending an email indicating the hotel ship and rooms as well as booking data that the Client wishes to book, the Client places a legally binding order. He is bound to the order for a period of two (2) weeks after placing the order.
b)  A contract shall only be concluded when Fairtours accepts the Client's order by means of an order confirmation. Fairtours shall send the order confirmation to the Client by email.
c)  If it is not possible to book the room which the Client has indicated, Fairtours will not send an order confirmation. In this case a contract is not concluded. Fairtours shall inform the Client accordingly immediately.

3.  The following applies to full charters of hotel ships:
Upon request, Fairtours sends the Client information on the full charter of a hotel ship together with the booking conditions. The sending of the information as well as the booking conditions shall not constitute a binding offer by Fairtours. If the Client decides to book a hotel ship, Fairtours shall send the Client a contract (full charter) by email for signature. Fairtours shall be bound by this offer for a period of one (1) week after sending the contract. The contract is concluded with the Client when the Client signs the contract and returns it to Fairtours.

III.   Prices, Due Date

1.  The prices in the information material sent to the Client and in the booking documents are net prices plus value added tax.

2.  Invoices are to be paid within 7 days of receipt of the invoice, unless other payment terms are stated in the offer and order confirmation.

3.  Fairtours is entitled to request an advance payment from the Client upon conclusion of the contract. Unless otherwise agreed, the advance payment shall be 20% of the total price.

IV. Set-Off Right, Right of Retention

1.  The Client shall not be entitled to set off any claims against claims of Fairtours unless its counterclaims have been legally established or are undisputed.

2.  The Client may only exercise a right of retention if his counterclaim arises from the same contract.

V.  Performance

1.  Fairtours charters hotel ships in order to offer customers accommodation at trade fairs, congresses and other events (hereinafter referred to as "Events") in Germany.

2.  Fairtours has no influence on the availability of certain berths of the hotel ships. These are determined by the port authorities at short notice. Therefore, Fairtours cannot guarantee a specific berth upon conclusion of the contract. Fairtours shall inform the Client immediately about the exact berth as soon as the port authority has assigned a berth. If the port authority subsequently changes the assignment of the berth, Fairtours shall also inform the Client without delay.

3.  If the hotel ship on which the Client has booked one or more hotel rooms or the hotel ship the Client has booked (full charter) is not available for reasons for which Fairtours is not responsible (e.g. due to repair work), Fairtours shall be entitled to provide rooms of equal or higher value on a hotel ship of equal or higher value.

VI. Withdrawal, Cancellation, Pandemic Restrictions

1.  Fairtours shall be entitled to withdraw from the contract for objectively justified reasons, for example in the following circumstances: The Client books rooms under misleading or false information of essential facts, which may lie in the person of the Client or the purpose of the booking. Furthermore, Fairtours may have reasonable grounds to believe that the use of the accommodation service may jeopardize the smooth operation of the business or the safety of the public without this being attributable to Fairtours's sphere of control or organization or risk-bearing area. Fairtours shall immediately inform the Client of the exercise of the right of withdrawal.

2.  Furthermore, Fairtours shall be entitled to withdraw if force majeure and thus circumstances for which Fairtours is not responsible (e.g. war, official restrictions, storms, earthquakes, terrorist attacks, high or low water, icing) make it impossible to provide the service. If Fairtours is unable to provide the service due to pandemic-related restrictions imposed by legislators and/or public authorities and if, at the same time, the event for the attendance of which the Client has booked one or more rooms on a hotel ship or a hotel ship (full charter) is cancelled, Clause VI. 5. b) shall apply.

3.  The agreed price shall be paid for booked rooms on a hotel ship or a booked hotel ship (full charter) even if the Client informs Fairtours before the start of the trip that he does not intend to start the trip or if the Client does not appear without having informed Fairtours accordingly. Fairtours shall pass on to the Client any reimbursements due to expenses saved or due to renting the room(s) on a hotel ship or the hotel ship booked by the Client to another party in the same proportion. If Fairtours is able to rent the room(s) or the entire hotel ship booked by the Client to another party and Fairtours passes on reimbursements to the Client, the Client shall pay a fee (compensation for booking services and expenses incurred) in the amount of 15% of the total price. The Client has the right to prove that no or less damage has occurred. Fairtours reserves the right to prove that a higher damage has occurred.

4.  If an agreed advance payment is not made even after expiry of a reasonable grace period set by Fairtours, Fairtours shall be entitled to withdraw from the contract.
a)  In this case, the Client shall pay the agreed remuneration. The Client shall have the right to prove that no or a less damage has occurred. Fairtours reserves the right to prove that a higher damage has occurred.
b)  Fairtours shall pass on to the Client any reimbursements due to expenses saved or due to renting the room(s) on a hotel ship or the hotel ship booked by the Client to another party in the same proportion. If Fairtours is able to rent the room(s) or the entire hotel ship booked by the Client to another party and if Fairtours passes on reimbursements to the Client, the Client shall pay a fee (compensation for booking services and expenses incurred) in the amount of 15% of the total price. The Client has the right to prove that no or less damage has occurred. Fairtours reserves the right to prove that a higher damage has occurred.

5.  In case of pandemic-related restrictions imposed by legislators and/or public authorities, the following shall apply:
a)  Cancellation of an event, but no prohibition of overnight stays on the hotel ship:
If an Event, for the attendance of which the Client has booked one or more rooms on a hotel ship or a hotel ship (full charter), is cancelled after the booking has been made due to pandemic-related restrictions imposed by legislators and/or public authorities and the Client or his employees are therefore no longer able to attend the Event, the Client shall be entitled to withdraw from the contract. The Client is not entitled to withdraw from the contract if, after the booking has been made, only the conditions under which access to the Event is granted change (such as proof of a vaccination certificate or a negative Covid-19 test), regardless of whether these conditions are based on requirements imposed by legislators and/or public authorities or requested by the Event organizer. If the Client withdraws due to cancellation of an Event (due to pandemic-related restrictions imposed by legislators and/or public authorities), for the attendance of which he has booked one or more rooms on a hotel ship or a hotel ship (full charter), he shall pay 75% of the booking price.  
b)  Cancellation of an Event and, at the same time, prohibition of overnight stays on the hotel ship:
If, in addition to the cancellation of the Event (due to pandemic-related restrictions imposed by legislators and/or public authorities) for the attendance of which the Client has booked one or more rooms on a hotel ship or a hotel ship (full charter), it becomes, at the same time, impossible to stay overnight in the room(s) booked by the Client or the entire hotel ship due to pandemic-related restrictions imposed by legislators and/or public authorities, both parties are entitled to withdraw from the contract. If one of the parties withdraws from the contract for the aforementioned reason, the Client shall pay 50% of the booking price.

VII.  Liability

1.  Fairtours is liable to the Client in all cases of contractual and non-contractual liability for damages in the case of intent and gross negligence in accordance with the statutory provisions.

2.  In other cases, Fairtours shall be liable - unless otherwise provided for in paragraph 3 - only in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the Client may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage.

3.  Liability for damages resulting from injury to life, limb or health shall remain unaffected by the above limitations and exclusions of liability.

4.  The above provisions shall also apply in the event of breaches of duty by persons (also in their favor) whose fault Fairtours is responsible for according to statutory provisions.

VIII.  Choice of Law and Place of Jurisdiction

1.  If the Client is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Cologne shall be the agreed place of jurisdiction for all disputes arising directly or indirectly from or in connection with the contract. However, Fairtours shall also be entitled to bring an action at the Client's place of business. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.

2.  German law shall apply and the UN Convention on Contracts for the International Sale of Goods shall be excluded.

IX. Miscellaneous

Should individual provisions of these General Terms and Conditions be or become ineffective or become invalid, this shall not affect the validity of the remaining provisions.