General terms and conditions (valid from April, 1st, 2015)We are as SMILEYTOURS a trading division of DGS Dienstleistungen Global Services International - Olaf Wiehle (hereinafter DZG-S) and our agreement with you sets out what you are legally entitled to expect from us when you buy a holiday from us and will not apply to any course of dealings between us other than the holiday booked. You may sign separate agreements with us, which will have priority to these general terms and conditions mentioned here.1. Your Travel BookingWhether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. You must be 18 years old at the time of booking and possess the legal capacity and authority to book as the lead name and travel on holidays with us and take up the offers advertised by us if they are still available. You are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations. In addition, if your holiday includes a flight, you are also responsible for notifying us prior to the time of booking of any personal circumstances and needs pertaining to a person included in the booking including, without limitation, whether any such person is not self reliant or is a person with mobility. It is a condition of your booking with us that any person who is under 18 years old must be accompanied by an adult on his or her journey. There may be other restrictions and conditions on some offers, but these are explained in the details of those offers. When you or (if you are booking through a travel agent) your travel agent ask for your booking to be confirmed, we will confirm the booking there and then, and set aside your chosen accommodation, holiday or transport for you. Next, we will send you or your travel agent a Confirmation Invoice within 14 days. We may not be able to confirm some of our ground arrangements straight away (e.g. bespoke accommodation, tours etc). In these instances we may issue a Confirmation Invoice. However, a contract for arrangements that have not been confirmed on that invoice will only be made when we have sent you written confirmation that those additional arrangements have been completed. If there is any change to any of the details discussed at the time of booking, before the Confirmation Invoice is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If any detail on the Confirmation Invoice is not correct tell us or your travel agent immediately. If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24 hours before you go. If any of these changes are not acceptable then you will be entitled to a full refund. 2. The Price You Pay All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time.We reserve the right to add a fuel supplement to holiday prices should this increase after the date of this publication. Prices can go up or down. We will be able to tell you or your travel agent the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking. We reserve the right to increase the price of your holiday after you have booked but no later than 30 days before the departure date stipulated and will forward an Amendment Invoice reflecting any changes made. After a Confirmation Invoice has been sent to you, any increase to your holiday price will be as the result of changes in our costs of supplying your holiday resulting from transportation charges, (fuel, airport charges, scheduled air fares and other transport charges which form part of our contract with the transport provider), currency fluctuations and government action. An administration charge and any relevant travel agent's commission is included within these amounts.If the increase would be 2 % or less of the holiday price shown on your Confirmation Invoice (excluding insurance premiums and any amendment charges), we will absorb the changes in our costs described above and will only pass on any increase above that level. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2 % of your holiday price (calculated as above), but we will refund in full amounts exceeding such 2 %, after deducting an administration charge of 10,00 €. If the increase is more than 5 % of the holiday price (calculated as above), then you may cancel your holiday booking within 14 days of the Amendment Invoice date and receive a refund of all monies paid to us except any amendment charges or the increase will be considered a Major Change as described in section 4 below and, unless you choose to cancel under paragraph 1 above, you will be entitled to the alternatives set out in section 4 for those circumstances, but in either case you will receive compensation in accordance with section 4.The price quoted on the last Amendment Invoice issued is guaranteed, unless you change your holiday booking. Any increases in our costs which occur after the last Amendment Invoice has been sent will be borne by us. Should you instruct your company to "charge back" any payment(s) properly due from you in respect of your booking, we will charge you a fee of 10,00 € per incident and associated costs. We further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s). 3. If We Cancel Your Booking We aim to provide your holiday as booked. But if, for example, there are not enough people booked on your holiday or you do not pay the balance of the holiday price on time, we may cancel it. We reserve the right to cancel your holiday in any circumstances but if we cancel your holiday, except where this is because you have not paid, you can either have a refund or accept a replacement holiday from us of equivalent or similar standard and price, if we are able to offer you one. We may offer you a replacement holiday. Should you choose this option the terms and conditions of your holiday will not change and these conditions will still apply to your booking. In either case, we will pay you compensation, using the scale shown (unless we cancel your holiday because you do not pay us the balance of the holiday price and we will always refund the difference in price if the replacement holiday is of a lower standard and price. 4. If We Change Your Booking Details We hope that we will not have to make any change to your holiday but, because our holidays are planned many months in advance, we sometimes do need to make changes. We reserve the right to do this at any time. We will let you or your travel agent know about any important changes when you book. If you have already booked, we will let you know as soon as we can, if there is time before your departure. Flight timings shown by us are for guidance only and may change. Occasionally it may be necessary to change the aircraft type for your flight which may mean that some facilities such as in-flight entertainment or the advertised seat pitch may not be available. Your Confirmation Invoice will show the latest planned timings. Your actual flight timings will be shown on your ticket (including any e-ticket itinerary), which you should check carefully as soon as you receive it. Occasionally, we have to make major changes to the flight or accommodation making up your holiday with us. Major changes to your holiday for which we will pay compensation unless the change is for reasons beyond our control, using the scale shown, may include the following changes: a significant change of destination; a change in accommodation to that of a lower category, a change in the time of your departure or return flight by more than 12 hours. A delay to your flight that we need to make within 24 hours before you are due to depart will not be considered a major change unless the delay is for more than 24 hours. These changes are only examples and there may be other significant changes which constitute major changes. If we tell you about any of these changes after we have confirmed your holiday booking, you may either: - accept the new arrangements offered by us; or - accept a replacement holiday from us of equivalent or similar standard and price, at the date of the change, if we are able to offer you one. We may offer you a replacement holiday. Should you choose this option the terms and conditions of your holiday will not change and these conditions still apply to your booking; or- cancel your holiday with us and receive a full refund of all monies paid. Either way, we will pay you compensation, using the Compensation table shown, unless the change is for reasons beyond our control and we will always refund the difference in price if the replacement holiday is of a lower standard and price, at the date of the change. This standard payment will not affect your statutory or other legal rights. We will only make one payment for each full-fare-paying adult in the holiday booking. Children using a free child place will not receive any standard payment.5. Your Contract By asking us or your travel agent to confirm your booking, you are accepting on behalf of all persons travelling on this booking that the terms of this Agreement, which incorporate the information, restrictions and obligations, and the conditions of any terms and conditions of carriage - see Conditions of Your Ticket - constitute the entire agreement between us with regard to your booking and your travel arrangements. You also consent to our processing personal information about you and other members of your party. Where the context permits, reference to "you" and "your" will include you and all persons travelling on this booking. Your contract with us shall be governed by and construed in accordance with the law of Germany. You agree to submit to the exclusive jurisdiction of the courts in London over any claim or matter arising under or in connection with your contract with us It is a condition of booking that you and all members of your party provide certain information that may be sent to governmental authorities and border control and security agencies for the purpose of security and counter terrorism. This is known as Advanced Passenger Information, sometimes known as APIS. The information you must provide will include, but not be limited to, full name - as shown in your passport or travel document, gender, date of birth, travel document type, number, country of issue and expiry date, and for travel to the United States, your country of residence and the address for your first night's stay. 6. Paying For Your Travel Arrangements You will be required to pay a deposit of 50 % to us for each person when you book unless this is within 12 weeks of departure when the full amount for the booking is payable. If you pay less than the deposit under a low deposit booking scheme, then this is only part of the deposit referred to in this paragraph. The remaining deposit will be due on cancellation or date specified at time of booking or on your confirmation invoice. Please note your booking deposit may be increased or there may be a charge payable for some accommodation, holidays or flight bookings where it is necessary to secure specific facilities with full payment at the time of booking e.g. weddings, coach touring and specific types of airline tickets. Once confirmed, the booking deposit, additional charges paid will not be refunded in the event of cancellation except in the circumstances specified in Sections 2, 3 or 4 or as otherwise required by law.This is your only commitment until 12 weeks before you go. Within two weeks of booking, we will send you a Confirmation Invoice showing how much you owe us. You must pay the amount on the last Invoice issued by us, at least 12 weeks before you go on holiday. If you don't, we reserve the right to treat your booking as cancelled and to charge you a cancellation charge up to 100 % of the total on that last Invoice, in accordance with the scale in section 8.If you pay money for your booking to a travel agent appointed by us, they will hold that money as our agent from the time they receive it until they pay the money to us. Telephone bookings may incur an additional charge, check at time of booking. If your payment is made by credit card a fee will apply, please check fee at time of booking. 7. If You Change Your Booking 1. You must ensure all names and details are entered correctly at the time of booking. You will receive an invoice once your booking is confirmed and must contact us straight away if there is something that you need to correct, or if you don't receive an invoice within 7 days of confirming your booking. Amendments to correct passenger name misspellings will be free of charge within 14 days of booking, if there are more than 28 days until your departure date. If there are 28 days or less to your departure date, you must correct misspellings within 2 days of booking to avoid being charged an amendment fee of 50,00 €/person. 2. We charge an 'Amendment Fee' of 50,00 €(person for each detail of your booking we allow you to change. Please note that more major changes, including but not limited to, travelling later than planned, changes which lower the basic price of your holiday and changes which result in your holiday ceasing to be a holiday will be treated as a cancellation and incur the appropriate charges in line with Section 8.3. Please bear in mind that certain airlines and other transport providers treat changes as a cancellation and charge accordingly, up to 100 % of the cost for that part of the arrangement. Where applicable these charges will be passed on to you.4. When changing your holiday details, the price of your new travel arrangements will be based on the price that applies on the day you make the change. These prices may not be the same as when you first made your booking. Some accommodation is priced according to the number of people staying there. If your party size changes, we'll recalculate your booking cost based on the new number of people going. If fewer people share the accommodation, then the cost per person may go up. This extra cost isn't a cancellation charge, and it isn't normally covered by insurance. 5. Some arrangements cannot be removed once they have been added to your booking. These include: transfers, flight options, children's activities, accommodation options such as room/board upgrades and late checkout rooms. Certain extras, such as excursions, theme park tickets and airport extras may be non-refundable. We will make this clear when you book those arrangements, please check with us if you are unsure at the time of booking. 8. If You Cancel Your Booking If you want to cancel your booking, or part of it, you must contact us as soon as possible. If you have made your booking through a Travel Agency, your agent must advise us of your request to cancel. Once your booking has been cancelled you can expect to receive a cancellation invoice within 14 days. If you don't please contact us.To cover the cost of processing your cancellation, and to compensate us for the risk that we may not be able to resell your travel arrangements, we'll make a cancellation charge on the scale shown below. You are responsible for paying this charge.These charges are based on how many days before your booked departure we receive your cancellation notice, and are a percentage of the total cost of your booking, not including your insurance premium. If you want to cancel one or more passengers on the booking you'll have to pay a proportion of the applicable cancellation charge for those passengers. Period Before Departure When Notice Of Cancellation Is Received Percentage Of Total Booking Price Up tp 40 days before departure 20 %39 - 10 days50%9 - 1 day/s80%0 days100%Your deposit is non-refundable, even if the cancellation charge calculated is lower than the deposit amount paid. Where extra facilities or transport options are non-refundable, in part or in full, the cost of these will be added to the cancellation charge you have to pay. If you booked using a Low Deposit Offer, the full deposit amount stated on your confirmation invoice will need to be paid upon cancellation. The cancellation charge may be higher for certain travel arrangements, such as coach tours or scheduled airfares. Please ask for details of cancellation charges when you book and check your insurance policy to see if you'd be covered for the cost of any cancellation charges. 9. If You Have A ComplaintIf you have a complaint about your arrangements whilst away, you must immediately notify the supplier of the service in question locally. If they are unable to resolve the problem immediately, and a member of our staff is not available, you should contact us straight away by phone/fax/email and we will endeavour to assist. If you are still not satisfied on your return home, you must write to our After Travel Customer Support within 28 days of returning from your holiday to allow your complaint to be investigated properly. Please write your holiday reference number on your letter, and include your daytime and evening telephone numbers. If you do not give us the opportunity to resolve any problem locally by reporting it to the supplier, or calling and informing us, then we may not be able to deal positively with any complaint on your return. 10. Your Conduct Towards Staff And Other Guests We reserve the right to refuse to accept you as a customer or continue dealing with you if your behaviour is disruptive, causes unnecessary inconvenience, upsets, annoys, disturbs or is threatening or abusive towards other guests, our staff or agents, on the telephone, in writing or in person. In any of these circumstances you may be evicted from the accommodation and no refunds or compensation, or any costs or expenses incurred by you will be paid to you and we may make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result of your behaviour. Criminal proceedings may also be instigated. Reference to "you" or "your" includes for the purposes of this section the conduct also of any other person in your party. 11. Your Accommodation The accommodation must only be used by those people named on your Confirmation Invoice (or on any Amendment Invoice issued). You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. These charges must be met by you and may have to be paid locally. 12. Contacting You If you book via our website or have opted in other circumstances for us to contact you via email, we will communicate with you using the email address you have provided. For example, to provide your e-confirmation, e-ticket, e-cancellation, etc. We will assume that your email address is correct and that you understand the risks associated with using this form of communication. Please note that you may still have to contact us via phone call centre or in writing as required in our terms and conditions.