1) Conclusion of travel agreement
2) Payment
3) Services/additional agreements
4) Flight services
5) Changes in services and prices
6) Cancellation by the tour participant, changes in reservations, substitute persons
7) Cancellation and termination by the tour organizer
8) Termination of agreement due to exceptional circumstances
9) Tour organizer's liability
10) Warranty
11) Limitation of liability
12) Obligation to provide assistance
13) Exclusion of claims and statutory limitation thereof
14) Provisions relating to passports, visas and health
15) Invalidity of individual provisions
16) Legal venue
11. Limitation of liability
11.1. Club Mistral's contractual liability for damage that is not personal injury is limited to three times the tour price,
1. to the extent that damage incurred by the participant is due neither to willful conduct nor gross negligence, or
2. to the extent that Club Mistral is responsible for damage caused to the participant only through the fault of a service provider.
11.2. In cases involving personal injury, Club Mistral's liability for all customer claims in tort against Club Mistral, insofar as they are not due to willful conduct or gross negligence, amounts to Euro 75,000 per customer and tour. Liability for damage to property is limited to Euro 4000 per customer and tour. If the tour price exceeds Euro 1,333, liability is limited to three times the tour price. In this connection, customers are advised, in their own interests, to take out travel-accident and baggage insurance.
11.3. Club Mistral shall not be liable for defective services within the context of third-party services that are merely negotiated and are expressly characterized as third-party services in the tour description.
11.4. Our liability is limited or excluded to the extent that such liability on the part of the service provider is also limited or excluded under international agreements or statutory provisions based thereon which govern the services provided by the service provider.
11.5.If Club Mistral should act as a contractual air carrier, liability is governed by the provisions of the Air Transport Act in conjunction with the International Conventions of Warsaw, The Hague, Guadalajara, and the Montreal Convention (for flights to the USA and Canada only). These conventions generally limit the air carrier's liability for death or personal injury as well as loss of and damage to baggage. To the extent that the tour organizer is a service provider in other cases, the latter's liability will be governed by the relevant provisions.
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