General terms and conditions

Preliminary remark:
The dive centres commission “Generation X GmbH” with the processing of all bookings/orders made via this website. In the case of individual services (in particular diving packages and courses), Generation X GmbH only acts as our agent.

Package tours are arranged by Generation X GmbH or organised independently under the brand “Lagona Travel”. The following informative General Terms and Conditions of Generation X GmbH apply to this brokerage and organisation. The current terms and conditions of Generation X GmbH valid at the time of the offer and sent with the confirmation at the latest are decisive for your booking.

Terms of travel and payment of Generation X GmbH
PREAMBOOK.

“Lagona Travel” is a registered trademark of Generation X GmbH. The tour operator is Generation X GmbH, Marktstrasse 5, 93098 Mintraching. Register court Regensburg, HRB 7382. Managing director Christian Brückl. The booking of one or more travel service(s) of Generation X GmbH (hereinafter also referred to as Lagona Travel or tour operator) is made on the basis of the following travel and payment conditions:

1. Conclusion of the travel contract.

1.1 With the booking (travel registration), which can be made verbally, in writing, by telephone, by fax or electronically (email, internet), you offer Lagona Travel the conclusion of a binding travel contract. In the case of a registration for several travel participants, you are liable alongside these participants for their contractual obligations as for your own.

1.2 Travel agents (e.g. travel agencies) and service providers (e.g. hotels, transport companies) are not authorised by the tour operator to make agreements, provide information or make assurances that change the agreed content of the travel contract, go beyond our contractually agreed services or contradict the tour description.

1.3 Location and hotel brochures not published by Lagona Travel GmbH are not binding for us and our obligation to perform, unless they have been made the subject of the tour description or the content of our obligation to perform by express agreement with you.

1.4 The contract is concluded upon receipt of the booking confirmation/invoice from Generation X GmbH for the travel services you requested (at the address or email address you provided) or to your travel agent.

1.5 By booking you agree to margin taxation according to § 25 UStG. Deviating agreements must be confirmed in writing by Generation X GmbH.

2. General Terms of Payment.

2.1 When booking a package tour, you will receive, together with the booking confirmation/invoice, proof of insolvency insurance (insurance certificate of the customer money insurer R+V Allgemeine Versicherung AG, Administration: Raiffeisenplatz 1, 65189 Wiesbaden) for all payments to be made by you for the booked package tour.

2.2 Payments for the booked package tour are to be made by you as follows, provided that the aforementioned security certificate is available or for booked individual tourist services:

2.2.1 Upon receipt of the booking confirmation/invoice, a deposit of 20% of the total price or, in the case of package tours marked “module”, 40% of the total price is due for payment. Lagona Travel reserves the right to require a higher deposit for certain travel services, in which case you will be notified prior to booking.

Premiums for travel insurance booked by you through Lagona Travel (see clause 17) are due in full together with the deposit.

The balance is payable 30 days prior to departure without further request. For contracts concluded less than 30 days before departure, the total price is due for payment immediately. This does not apply if Lagona Travel has reserved a right of withdrawal in accordance with clause 6.1 (minimum number of participants). In this case, payment is not due until the deadline for exercising the right of withdrawal specified in the pre-contractual information and on the booking confirmation/invoice has expired and the right of withdrawal has not been exercised.

2.2.2 Payments are to be made by you directly to the account details stated in the booking confirmation/invoice. The receipt of payment is decisive for the timeliness of the payment. If possible, all payments should be made using the transaction number shown on the booking confirmation/invoice.

2.2.3 Travel agents are not entitled to accept payments from you. Payments to the agent are made at your own risk and have no effect on us.

2.3 In the event of late or incomplete payment of the deposit or balance, Lagona Travel reserves the right, after issuing a reminder with a deadline, to declare its withdrawal from the contract and to demand compensation in accordance with the cancellation rates set out in section 5.4. Separate compensation rates deviating from these apply insofar as these are advertised in the description of services or communicated to you prior to booking and are listed within the scope of the booking confirmation/invoice.

3. Changes in services and prices

3.1 Changes to essential travel services from the agreed content of the travel contract that become necessary after conclusion of the contract and have not been brought about by Lagona Travel GmbH contrary to good faith are permitted insofar as these changes are not significant and do not impair the overall nature of the booked trip.

3.2 Any warranty claims remain unaffected insofar as the changed services are defective.

3.3 We will inform you of any significant changes to services immediately after becoming aware of them.

3.4 We reserve the right to increase the price agreed in the travel contract by the corresponding amount in the event of a significant increase in our purchase prices, e.g. due to an increase in transport costs, charges for certain services such as port or airport charges or a significant deterioration in exchange rates.

3.5 In the event of a subsequent change in the tour price, we will inform you immediately. Price increases from the 20th day before departure are invalid.

3.6 In the event of a significant change to an essential travel service or a price increase of more than 5%, you are entitled to accept the change within a reasonable period set by Lagona Travel or to withdraw from the travel contract free of charge or to demand participation in a trip of at least equivalent value if we are able to offer such a trip from our range at no extra cost to you. You must assert these rights immediately after the change or price increase has been declared. If you do not respond to Lagona Travel or do not respond within the set period, the notified change is deemed to have been accepted.

3.7 The travel times for the booked flight days announced with the booking confirmation/invoice are also subject to the right to change services in accordance with sections 3.1 – 3.3.

4. Rebookings and changes.

4.1 In the context of a package tour, the traveller has the statutory right to request Lagona Travel to substitute a third party for the rights and obligations arising from the package tour contract by means of a notification on a durable medium. Such a declaration is in any case timely if it is received by Lagona Travel 7 days before the start of the tour. Lagona Travel may object to the entry if the third party does not fulfil the contractual travel requirements. If the third party enters into the package tour contract, he and the traveller are jointly and severally liable to Lagona Travel for the tour price and the additional costs incurred by Lagona Travel (e.g. on the part of the service providers) due to the entry of the third party (e.g. due to the necessity of booking a different fare class for flight tickets, ticket issuing costs). Lagona Travel charges a processing fee of € 50 for the provision of a substitute person.

4.2 After conclusion of the contract, you are not entitled to any changes with regard to the date of travel, the destination, the place of departure, the accommodation or the mode of transport (rebooking).

4.3 At your request, Lagona Travel will make a one-off change to the date of travel, the destination, the place of departure, the accommodation or the mode of transport for package tours or individual tourist services, subject to availability, up to the 30th day before arrival (rebooking).

In addition to the new tour price, a processing fee of € 50 per person will be charged for the rebooking. If additional costs are incurred by the service provider as a result of the change (e.g. ticket issue costs etc.), these will be charged separately.

If the rebooking leads to the omission of an essential travel service (hotel, flight, etc.), the flat-rate compensation according to section 5.4. will be charged proportionately.

Rebooking is excluded for the following travel services:

• Package tours:
  Package tours with scheduled flights or marked “building block”, (diving) cruises or participation in events and group tours.
• Individual tourist services:
  Flights only, other individual tourist services such as sports packages, entrance tickets, transport tickets and other tickets.
• travel services for which separate compensation rates have been agreed.

This does not apply if the rebooking is necessary because Lagona Travel has provided you with no, insufficient or incorrect pre-contractual information. In this case, the rebooking is possible free of charge.

4.4 A processing fee of € 50 per person will be charged for any correction or addition to the name that subsequently becomes necessary due to incorrect information provided by the applicant/traveller or due to the subsequent change of the traveller’s name. The traveller reserves the right to prove that Lagona Travel has incurred no or significantly lower costs. Additional costs incurred due to the correction / addition of the name (e.g. reissue of scheduled flight tickets) will be passed on to the traveller.

4.5 Rebookings of trips which would result in a more favourable price according to the advertisement or offer are only possible if the original price of the trip is retained. In addition, we will charge the aforementioned rebooking fee. This also applies to partial services.

5. Withdrawal by you

5.1 You can withdraw from the tour at any time before the start of the tour. The date on which we receive your notice of withdrawal is decisive. We recommend that you declare your withdrawal in writing.

5.2 If you withdraw from the travel contract or do not commence the tour, we are entitled to demand compensation for the travel arrangements made and for our expenses. The date of commencement of the first contractual package tour service is decisive for the calculation of the compensation. This date also applies to all further services as the travel commencement date.

5.3 Lagona Travel makes use of the option to calculate the compensation to which it is entitled as a lump sum, taking into account the period of time between the declaration of withdrawal and the start of the trip, the expected savings in expenses and the expected acquisition through other use of the travel service. Unless informed otherwise in advance and stated otherwise in the booking confirmation/invoice, the following deadlines and compensation rates shall apply to the lump sum. The compensation will be calculated according to the date of receipt of your cancellation notice and rounded up to full euros.

5.4 Compensation rates

5.4.1 Separate compensation rates which deviate from those stated below shall apply insofar as these are stated in the service description of the respective travel service(s) or were communicated to you prior to booking and are listed in the booking confirmation/invoice.

5.4.2 Booking fees (service fees, ticketing fees, flight compensation fees, rebooking fees, etc.): 100%.

5.4.3 The flat-rate cancellation fees per participant (rounded up to full euros) are as follows

5.4.3.1. for package tours to which none of the following paragraphs apply:

• up to 30 days before departure…………………………………… 25%
• from 29th – 22nd day before travel start………………………………. 30%
• from 21st – 15th day before travel start………………………………. 45%
• from 14th – 10th day before travel start………………………………. 65%
• from 9 – 4. day before travel start…………………………………. 80%
• from 3rd day before departure……………………………………… 90%

5.4.3.2. in the case of diving cruises / boat trips, trips with a boat component and individually designed trips:

• Up to 90 days before departure………………………………….. 25%
• 89th-50th day before departure…………………………………… 50%
• 49-14th day before departure…………………………………… 85%
• From the 13th day before departure……………………………………. 95%

5.4.3.3. in the case of package tours with included scheduled flight and/or the labelling “dynamic packaging”:

• up to 30 days before departure…………………………………… 40%
• from 29th – 22nd day before travel start………………………………. 60%
• from 21st – 15th day before travel start………………………………. 65%
• from 14th – 10th day before travel start………………………………. 75%
• from 9th – 4th day before departure…………………………………. 85%
• from 3rd day before departure……………………………………… 95%

5.4.3.4. single flight(s) (“flight only”) as scheduled flights, intercontinental flights, transpacific flights and domestic flights in the destination area:
The applicable airline conditions depending on the flight and fare selected by you will be communicated to you by the booking agent in each case prior to booking the selected fare.

5.6 You are entitled to prove to Lagona Travel that no loss has been incurred or that the loss is substantially less than the flat rate charged by us.

5.7 If two or more persons have booked a ship’s cabin, a complete ship or a double or multi-bed room together and no substitute person takes the place of a withdrawing participant, we are entitled to demand the full room/ship price or, if possible, to accommodate the remaining participants elsewhere.

5.8 We reserve the right to demand higher, concrete compensation in deviation from the above flat rates. In this case, we are obliged to specifically quantify and substantiate the compensation demanded, taking into account the expenses saved and any other use of the travel services.

5.9 In the event of non-commencement of the tour or non-utilisation of individual travel services which Lagona Travel was willing and able to provide in accordance with the contract, the claim to payment of the full tour price remains intact. In this case, however, Lagona Travel will generally endeavour to obtain saved expenses from the service providers for the non-utilisation of the service. To the extent that such saved expenses are reimbursed to Lagona Travel, Lagona Travel will also reimburse them to you.

5.10. Travel cancellation insurance is not included in the tour price. Lagona Travel GmbH strongly recommends that you take out such insurance when booking your trip.

6 Cancellation and termination by us

6.1 Withdrawal due to failure to reach the minimum number of participants

6.1.1 If the implementation of a tour is dependent on a minimum number of participants, we can withdraw from the travel contract if this number is not reached, provided that we have pointed out the minimum number of participants and the date by which this number must be reached in our tour description. We will inform you of the number and date in our travel confirmation.

6.1.2 If it is already foreseeable at an earlier point in time that the minimum number of participants cannot be reached, we will immediately withdraw from the travel contract.

6.1.3 In the event of a cancellation in accordance with section 6.1, any payments made will be refunded immediately.

6.2 Cancellation for reasons of conduct

Lagona Travel may terminate the travel contract without notice if you persistently disturb the tour despite a warning or if you act in breach of contract to such an extent that the immediate cancellation of the contract is justified. If we terminate the contract, we retain the right to the tour price; however, we will deduct the value of the saved expenses as well as the advantages we gain from another use of the unused service, including the amounts credited to us by the service providers.

7. Health, Sports and Diving Programmes / Unused Service.

7.1 By registering, you declare that you have no health concerns about taking part in the trip and participating in sports and diving courses / diving programmes and other programmes. We recommend that you have yourself examined for diving fitness before the start of the trip.

7.2 You declare on behalf of all participants booking a sports package that they have the appropriate experience and necessary certificates of competence.

7.3 During the sports programmes, the sports / diving instructors and supervisors must be followed. Non-compliance is considered as behaviour contrary to the contract and will result in immediate exclusion from further participation (termination of the partial service according to point 6).

7.4 Refunds on pre-booked sports packages are excluded.

8. Obligations

8.1 Notification of defects

If the travel service is not provided free of defects, you can demand redress. You are obliged to notify us immediately of any travel defect that has occurred. If you culpably fail to do so, the tour price will not be reduced.

Any travel defects must be brought to our attention at our registered office. For this purpose, please use our email contact or emergency telephone number, which will be given to you with the travel documents. We will instruct our local colleagues to take remedial action if possible. Neither service providers nor other representatives are authorised to recognise claims on your part.

8.2 Setting a deadline before cancellation

If you wish to terminate the travel contract due to a travel defect of the type described in § 615 c BGB (German Civil Code) in accordance with § 615 e BGB (German Civil Code) or for an important reason recognisable to us due to unreasonableness, you must first set a reasonable deadline for us to provide a remedy. This does not apply only if remedial action is impossible or refused by Lagona Travel GmbH or if the immediate termination of the contract is justified by a special interest on your part which is recognisable to us.

8.3 Loss and delay of luggage

We strongly recommend that you immediately report any damage or delays in delivery to the responsible airline on the spot by means of a notice of claim (P.I.R.). As a rule, airlines refuse refunds if the damage report has not been completed. In the case of lost luggage, the claim must be filed within 7 days, in the case of delayed luggage within 21 days of delivery. Otherwise, the loss, damage or misrouting of baggage must be reported to us as soon as it becomes known.

8.4 Duty to minimise damage

You must prevent the occurrence of damage as far as possible and keep any damage that has occurred to a minimum. In particular, you must draw our attention to the risk of damage.

9. Limitation of Liability.

9.1 Our contractual liability for damage that is not bodily injury is limited to three times the tour price, insofar as your damage is caused neither intentionally nor by gross negligence or insofar as we are solely responsible for damage incurred by you due to the fault of a service provider.

9.2 Our liability in tort for damage to property that is not due to intent or gross negligence is limited to three times the tour price. This maximum liability amount applies in each case per customer and trip. Possible additional claims in connection with luggage in accordance with the Montreal Convention remain unaffected by this limitation.

9.3 We are not liable for disruptions to services, personal injury and material damage in connection with services which are merely arranged as third-party services (e.g. excursions, sporting events, theatre visits, exhibitions, transport services to and from the advertised place of departure and destination) if these services are identified as third-party services in the travel description and booking confirmation, stating the contractual partner arranged.

However, we are liable for services which include your transport from the advertised starting point of the trip to the advertised destination, intermediate transport during the trip and accommodation during the trip, if and insofar as a breach of our information, explanation or organisational obligations has become the cause of the damage.

10. Information requirements on the identity of the operating air carrier.

If the operating airline has not yet been determined at the time of booking, we will name the airline or airlines that will probably operate the flight. As soon as we know which airline will operate the flight, we will inform you accordingly. If the airline named to you as the operating airline changes, we will immediately take all reasonable steps to ensure that you are informed of the change as soon as possible.

11. Passport, visa and health requirements.

11.1 We will inform nationals of a state of the European Communities in which the tour is offered about the provisions of passport, visa and health regulations before conclusion of the contract and about any changes to these before the start of the tour. For nationals of other states, the relevant consulate will provide information. It is assumed that there are no particularities in your person and possible fellow travellers (e.g. dual nationality, statelessness).

11.2 You are responsible for obtaining and carrying the necessary travel documents, any required vaccinations and for complying with customs and foreign exchange regulations. Any disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by you. This does not apply if we have culpably failed to provide information, or provided insufficient or incorrect information.

11.3 We are not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if you have commissioned us to obtain them, unless we have culpably breached our own obligations.

12. Special baggage.

The carriage of special and excess luggage such as diving equipment, surfboards etc., wheelchairs and animals is generally not part of the travel contract concluded with us. We are happy to assist in arranging this. The transfer from the airport to the hotel/accommodation, storage/storage and return transport are exclusively your responsibility unless otherwise agreed.

13. Data protection.

The personal data that you provide to the tour operator Lagona Travel will be electronically processed and used to the extent necessary for the establishment, implementation or termination of the travel contract and customer service. Lagona Travel complies with the provisions of the DSGVO when collecting, processing and using personal data.

14. Choice of Law and Jurisdiction

14.1 The contractual relationship between you and Generation X GmbH shall be governed exclusively by German law. This also applies to the entire legal relationship. Insofar as German law is not applied to your actions against us abroad for the liability of the tour operator on the merits, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of your claims.

14.2 You can only sue Generation X GmbH at our registered office.

14.3 Your place of residence is decisive for lawsuits of Generation X GmbH against you. For lawsuits against customers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad, or whose place of residence or habitual abode is unknown at the time the lawsuit is filed, our registered office is agreed as the place of jurisdiction.

14.4 The above provisions shall not apply if and to the extent that non-mandatory provisions of international agreements applicable to the travel contract between you and us result otherwise in your favour or if and to the extent that non-mandatory provisions applicable to the travel contract in the EU member state to which you belong are more favourable to you than the provisions in these travel conditions or the applicable German regulations.

15 Ineffectiveness of individual provisions.

The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract. The parties agree already now that the legally effective provision which comes closest to the economic purpose of the invalid provision shall be applied.

16. Intermediation

If Lagona Travel acts as an intermediary, the travel conditions of the respective tour operator apply to mutual claims arising from the travel contract. Claims of the traveller in connection with the travel contract and the further contracts related to it are therefore exclusively against the tour operator. The statutory provisions apply to claims arising from the agency contract.

17. Trademark Protection

“Lagona Travel” is a registered trademark and is under international protection.

Status: 01 January 2023

Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.