Heliski Weekend in Muerren

GT&C Booking a Travel Package on the Lineupexplorers.com Internet Platform Lineupexplorers (legal entity: aptic gmbh) performs two different functions: 1.     Lineupexplorers the Internet Platform Operator: Lineupexplorers operates the Lineupexplorers.com platform. On this platform different travel packages or travel product components are offered. The sellers of the offered travel packages or travel product components are either third party tour operators with their own legal entities or Lineupexplorers in its function as a tour operator. 2.     Lineupexplorers the Tour Operator or Agency: a.     Lineupexplorers – the tour operator - operates its own Travel Packages and sells them on the Lineupexplorers.com website platform to end customers and is therefore one of many sellers on the Lineupexplorers.com Internet Platform. b.     Lineupexplorers – the agency - offers and sells “Bits and Pieces” individual travel product components separately to you and is therefore one of many sellers on the Lineupexplorers.com Internet Platform. The following General Terms & Conditions form the basis of your relationship with Lineupexplorers as a Platform Operator. Please read them carefully as they set out our bilateral respective rights and obligations. These General Terms & Conditions apply to all bookings that you make with Lineupexplorers as a Platform Operator as set out in more detail herein. For your rights and obligations towards Lineupexplorers in its capacity as tour operator or agency please refer to the General Terms & Conditions that apply to the travel packages or “Bits and Pieces” offered by Lineupexplorers directly. Please note: As an operator of the Lineupexplorers.com platform we act as agent only in respect of all bookings we take or make on your behalf. As a platform operator we accept no liability in relation to any contract you enter into or for any accommodation and/or transfers (“arrangements”) and/or any other travel services that you book or for the acts or omissions of any accommodation and/or transfer provider (“supplier(s)”) or other person(s) or party(ies) connected with the arrangements. For all bookings your contract will be with the supplier of the arrangements concerned and no contractual relationship to Lineupexplorers shall be established. The suppliers’ General Terms & Conditions and the supplier’s product description on our website will apply to your contract. Copies of these terms and conditions will be found on our website and the description of the particular travel service mostly found on the product detail page of any particular trip. If no General Terms & Conditions are found they are not published by the supplier and common travel laws will apply. If the supplier terms are contradictory to the terms below then the terms below overrule the supplier terms. As a Platform Operator we do not sell or offer for sale any packages, act as an organiser or tour operator (“Reiseveranstalter”) within the meaning of Sec. 651a ff. BGB and these Regulations do not apply to any booking you may make. References to "you" and "your" in these General Terms & Conditions mean all persons named on the booking (including anyone who is added or substituted at a later date). “Party leader” shall mean the person which is making a booking by using our platform. “We” “us” and “our” mean Lineupexplorers as a Platform Operator (legal entity aptic gmbh). All communications relating to your booking must be sent to us by email by the party leader quoting the booking reference.

1. Your contract To confirm a booking, the party leader must be authorised to make the booking on the basis of these General Terms & Conditions as well as the Terms & Conditions of the supplier concerned by all persons named on the booking and their parent or guardian for all party members who are under 18 when the booking is made. By making the booking, the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us or the supplier concerned. The party leader must be at least 18 when the booking is made. Once we have received your booking, we will, subject to availability, confirm your arrangements on behalf of the supplier concerned by issuing a confirmation invoice. This invoice will be sent to the party leader. Please check this invoice carefully as soon as you receive it. Contact  us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. As we act only as agent we will have no responsibility for any errors in any documentation except where those errors are caused by us. Subject to this, we regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 5 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits. A binding contract between you and the supplier concerned comes into existence when we send your confirmation invoice on the supplier’s behalf to the party leader and the terms and conditions of the supplier, in addition to these conditions, will be applicable to the contract.

2. Payments If you make a booking more than 60 days before you are due to arrive at your booked accommodation or before the first service of your booked travel starts, you must pay a deposit of 20% of the total booking value. If your booking is subject to such a deposit payment, you must pay us the balance 60 days before departure. If your booking is made less than 60 days before you are due to arrive at your accommodation, full payment is required at the time of booking. If we do not receive all payments due in full and on time, we are entitled to assume (on behalf of the supplier(s) concerned) that you wish to cancel your booking. In this case, we will be entitled to keep all monies paid or due at that date.If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 6 depending on the date we reasonably treat your booking as cancelled (on behalf of the supplier(s) concerned. Payment for incidental extras (e.g. mini bars, telephone charges, etc.) must be made directly to the accommodation provider before you check out. As we act only as agent for the supplier(s) concerned, we reserve the right to pass on to you in full all additional costs and charges of whatever nature imposed by the supplier(s) in accordance with its own terms and conditions.

3. Special Requests If you have any special requests (for example dietary requirements, cots* or room location) please advise us at the time of booking. We will pass on all such requests to the supplier(s) of the arrangements you have booked, but unfortunately we cannot guarantee that they will be met. Confirmation that a special request has been noted or passed on to the supplier(s) or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met and the request will not become a contractual obligation of the supplier concerned. Unless and until specifically confirmed, all special requests are subject to availability. Further, if the supplier(s) is unable to meet any such requests, neither we, nor they, will have any liability to you in this respect. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests. * Please note, cots and other special requests may only be available at an extra charge unless otherwise expressly stated in the description of the accommodation/arrangement in question. If you or any member of your party has any medical problem or disability which may affect your booking, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give full details in writing at the time of booking. If we or the supplier reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right on behalf of the supplier(s) concerned to decline their reservation or, if full details are not given at the time of booking, cancel the contract on behalf of the supplier(s) concerned when we become aware of these details.

4. If you wish to make changes to your booking Should you wish to make an amendment to your booking after it has been confirmed you must advise us as soon as possible. Whilst we will try to assist you we regret amendment requests cannot always be met. Where an amendment can be made, any costs incurred by ourselves and any costs or charges incurred or imposed by any of the suppliers of your arrangements need to be paid by you. If you change the number of people booked, the total price of your booking will be re-calculated for the new party size. If for example the party is reduced in number, this may mean that any accommodation you have booked is under-occupied and each of the remainder of the party may have to pay more. If you wish to make any change to the booking while on holiday (e.g. upgrading accommodation or extending your stay), all requests are subject to availability and any extra cost must be paid immediately.

5. If you cancel your Booking If you wish to cancel a confirmed booking, you must advise us as soon as possible. Cancellation charges will apply and will be calculated as set out in the table below:  If cancellation is made more then 60 days before departure - 20% of the total cost of your booking If cancellation is made 60 days or less before departure - 100% of the total cost of your booking   Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.

6. Changes to and cancellation of your booking by the supplier. If there is a change to or cancellation of your booking we will pass on the new details to you together with any compensation that the supplier may offer. As agent only for the supplier we cannot accept any liability for any changes or cancellations made to your booking.

7. Circumstances beyond our control Except where otherwise expressly stated in these conditions, we regret we cannot accept any liability or pay any compensation where the performance or prompt performance of our obligations to you is prevented or affected by a third party, the supplier concerned as well as in cases where you suffer any damage or loss as a result of "force majeure". In these General Terms &  Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

8. Our responsibility to you We act only as an agent for the supplier(s) concerned. Your contract for your arrangements is directly with the supplier(s) concerned. We accept no liability in relation to the arrangements themselves or for the acts or omissions of the supplier(s) concerned. For all bookings, the terms and conditions of the supplier will apply to your contract. However, in the event that we are found liable on any basis whatsoever in relation to your booking our maximum liability to you if we are found to have been at fault in relation to any service we provide as agent for the supplier(s) concerned (as opposed to any service provided by the supplier(s) for whom we are not responsible) is limited to twice the cost of the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our gross negligence.

9. Complaints Procedure In the unlikely event that you have any reason to complain or experience any problems with your arrangements whilst away, you must immediately inform the provider of the arrangement(s) in question. Any verbal notification must be put in writing and given to the suppliers `representative as soon as possible. Until we know about a problem or complaint, we cannot begin to assist you to resolve it. Most problems can be dealt with quickly. Please bear in mind that we act only as agent for the supplier(s) concerned and therefore cannot accept any liability for your arrangements. Any assistance provided in resolving a complaint in relation to any arrangements is provided on a goodwill basis and in our capacity as agent only.

10. Behaviour When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the supplier(s) concerned. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. Suppliers reserve the right at any time to terminate your stay/transfer or that of any member of your party due to your misconduct, where justified in their reasonable opinion. No refunds will be given. Furthermore, neither the suppliers nor we shall be under any obligation whatsoever to pay compensation or meet any costs or expenses you may incur as a result of your stay/transfer being terminated.

11. Website and Pricing details  Please note, that the information and prices shown on this website may have changed by the time you come to book your arrangements. Whilst every effort is made to ensure the accuracy of the website and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking. Please note that the currency converter serves only as an orientation and may be inaccurate. The conversion rates are calculated by a third party provider and the accuracy is beyond our control. Please doublecheck currency conversions with your local bank. There may be differences between the actual accommodation and its description. Occasionally, local problems may mean that some facilities or services become unavailable or subject to restriction. Some facilities or services may not be available during the low season owing changes in the weather or lack of demand from guests. We cannot accept responsibility for any changes or closures to area amenities or attractions. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any accommodation or its facilities and/or services, except in the case of our gross negligence. Your rights in this regard are determined according to the terms & conditions of the supplier of your arrangement. The star ratings shown on the trip descriptions are our own ratings and/or the ratings of previous travelers and do not necessarily reflect any local official rating.

12. Passports, visas and health requirements It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. You must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

13. Safety standards Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services. As a general rule, these requirements and standards will not be the same as in Australia, Europe or the US and may sometimes be lower.

14. Insurance We consider adequate travel insurance to be essential. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies.

15. Conditions of suppliers. The services which make up your arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you. Copies of the relevant parts of these terms and conditions are available on the product detail pages of the particular trip/service or on request from ourselves or the supplier concerned.

16. Other websites This website may contain links to other websites. Except where they belong to us, such other websites are not under our control or maintained by us. We are not responsible for the content of such websites. We provide these links for your convenience only but do not monitor or endorse the material on them. We cannot accept any liability whatsoever and howsoever arising in relation to any such other websites (including, by way of example, any inability to access or delay in accessing any such other website) or in relation to any material or information appearing on them or which you may otherwise come across after leaving our site by way of a hypertext link or any other means or for any services or facilities of any description which you may book through or via any such website. 17. Place of jurisdiction Place of jurisdiction for all legal disputes is Munich, Germany.   The product on this detail page is a: ( x ) Travel Package sold by a 3rd party operator or agency. Please read the below GT&C carefully. (  ) Travel Package sold by Lineupexplorers as a Travel Operator. These packages contain more than one service at an inclusive price. This product enjoys the protection of applicable travel protection laws, and may as well offer other benefits, such as transfer to your destination, hand picked accommodation, local assistance, etc.. Please read the below GT&C carefully. (  ) “Bits and Pieces” individual travel product components sold by Lineupexplorers as an Agency. By booking “Bits and Pieces” individual travel product components you select, assemble and arrange the individual travel product components yourself; always only paying the aggregate, total price; as it is a “shopping basket” you can add or remove travel product components and will only be charged for what you book. This is not a package and therefore it is not protected under the applicable Package Regulations. Please read the below GT&C carefully. The following are the applicable General Terms & Conditions of the applicable seller: If no GT&C are provided international laws will apply

TRAVEL CONDITIONS FLORY KERN
Dear guests, the following terms and regulations will become – as far as they have been effectively agreed upon – part of the travel contract between you and Flory Kern, Ski - Berge - Abenteuer, Einzelfirma; Owner Flory Kern, (in the following „FLORY KERN“ abb.). They complement the regulations by law §§ 651a-m BGB (Bürgerliches Gesetzbuch) and the information prescriptions for tour operators according to §§ 4-11 BGB-InfoV (Verordnung über Informations- und Nachweispflichten nach bürgerlichem Recht) and complete these. Please read the travel conditions carefully prior to booking... .

1. Conclusion of the travel contract
1.1. By booking a journey with Flory Kern, the customer obligingly offers the conclusion of a travel contract with Flory Kern. The customer is bound to this offer for ten days.
1.2. The booking can be effected either verbally, in written, by telefax or by electronical means. Bookings in written or by telefax should always be done using the registration form of Flory Kern.
1.3. The contract will be concluded as soon as the confirmation of booking by Flory Kern has arrived with the customer. This confirmation needs no specific form. As soon as the contract has been concluded, Flory Kern will send a travel confirmation to the customer in written. If the booking is effected less than 7 days before the start of the journey, Flory Kern is not obliged to send a travel confirmation.
1.4. The customer is liable for all contractual agreements of his fellow travellers, for whom he effects a booking, as for his own if he has assumed these obligations by explicit and separate statement

2. Amendment of services
2.1. Amendments of essential travel services agreed upon by contract, that have become necessary after the contract has been cocluded and that have not been brought about by Flory Kern against good faith, are only permitted as long as the amendments are not substantial and do not com-promise the whole journey.
2.2. Warranty claims remain unaffected in case that the amended services are afflicted with defects.
2.3. Flory Kern is obliged to inform the customer of the amendment of essential travel services without delay as soon Flory Kern knows the cause of the amendment.
2.4. In case of a substantial amendment of an essential travel service the customer has the right to withdraw from the contract or demand the partici-pation in an another journey which has at least the same value as the amended journey, if Flory Kern is able to offer such a journey without extra cost from his travel program. The customer is obliged to claim these rights withour delay as soon as he has been informed of the amendment of the journey.

4. Price increase

4.1. Flory Kern reserves the right to increase the travel price, which has been agreed upon in the travel contract, in case of an increase in transport costs or taxes for specific services such as harbour of airport fees or in case of changes of the currency rates, according to the following condi-tions:
4.2. A price increase is only allowed provided that there are more than 4 months between the conclusion of the contract and the beginning of the journey and that the reason for the price increase has not been foreseeable by Flory Kern before or at the time of the conclusion of the contract.
4.3. If the transport costs for the journey increase after the conclusion of the contract, Flory Kern has the right to increase the price of the journey ac-cording to the following regulations:
a) If the increase is based on the number of seats, Flory Kern has the right to demand the increase per seat from the customer.
b) In any other case the additional cost per transport means, that has been asked for by the transport company, will be divided by the number of seats. Flory Kern has the right to demand the additional cost per seat from the customer.
4.4. If taxes such as harbour or airport fees, that has been agreed upon when concluding the contract, increase, Flory Kern has the right to increase the travel price according to the proportionate price increase per customer.
4.5. If the currency rate for the journey changes ofter the conclusion of the contract, Flory Kern has the right to increase the journey price to the extent to which the journey costs have increased for Flory Kern.

4.6. In case of a belated change of the journey price Flory Kern is obliged to inform the customer of the reason for the price increase without delay. Price increases are only permittable until 21 days before the journey. If the price increase amounts to more than 5% of the journey price, the customer has the right to withdraw from the contract without cost or to demand the participation in a similar journey that has at least the same value as the original journey, if Flory Kern is able to provide such a journey from his program without extra cost for the customer. The customer is obliged to claim these rights without delay as soon as he has been informed of the price increase by Flory Kern.

6. Services that have not been made use of

If the customer does not make use of single travel services that has been offered to him in due form, for reasons that have to be accounted for by the customer himself (e.g. because of early return or for other coercive rea-sons), the customer has no right to claim back the proportionate travel price from Flory Kern. However, Flory Kern will endeavour to claim back the saved expenses from the service provider. This obligation does not apply if the services were insignificant or if lawful or governmental regulations stand against the compensation.

7. Withdrawal by Flory Kern because of not achieving the minimum number of participants

7.1. Flory Kern has the right to withdraw from the travel contract, if the minimum number of participants has not been achieved, according to the following regualtions:
a) The minimum number of participants and the latest possible date of the withdrawal by Flory Kern need to be included in the journey description.
b) Flory Kern needs to include the minimum number participants and the latest possible date of the withdrawal by Flory Kern in the confirmation of the booking.
c) Flory Kern is obliged to inform the customer without delay if the journey needs to be called off as soon as it is clear that the journey will not be carried through because the minimum number of participants has not been achieved.
d) A withdrawal from the journey by Flory Kern less than 4 weeks before the journey is not allowed.
e) The customer has the right to demand the participation in another jour-ney which has at least the same value as the journey that has been called off, if Flory Kern is able to provide such a journey from his program without extra cost for the customer. The customer is obliged to claim these rights without delay as soon as he has been informed of the withdrawal by Flory Kern.
7.2. If the journey is not carried through because the minimum number of participants has not been achieved, the customer will be refunded all pay-ments made for this journey without delay.

8. Cancellation of the travel contract due to erratic behaviour

8.1. Flory Kern has the right to cancel the travel contract without notice, if the customer disturbs the journey enduringly, irrespective of a warning by Flory Kern or if he offends against the contract in such a way that the immediate cancellation of the contract is legitimate. A cancellation is also legitimate in the case that the participant does not meet the requirements of the journey regarding his / her equipment, physical condition or behaviour when skiing, which have become part of the travel contract, or if he coun-teracts to objectively eligible directions by the tour guide, the service pro-viders or employees of the agency.
8.2. In case of the cancellation of the contract by Flory Kern, Flory Kern keeps the claim on the travel price but is obliged to refund the expenses that could be saved or used otherwise including the expenses that are refunded by the service providers.

9. Obligations of the customer

9.1. The participant is obliged to report any service defects without delay to the tour guide on spot and ask for remedy. Claims of the customer do only not expire in that case that the not reporting of the defect has been ne-glected through no fault of his / her own.
9.2. Tour guides, agencies and employees of service providers are not authorised by Flory Kern to attest defects or acknowledge claims against Flory Kern.
9.3. If the journey is substantially affected by a defect, the customer has the right to cancel the travel contract. The same applies if taking part in the journey cannot be expected from the customers because of such a defect. The reason for not taking part needs to be recognisable to Flory Kern. The cancellation is only allowed if Flory Kern – or one of his agents who have been mentioned in the travel contract as contact persons (e.g. tour guide, agancy) – have not acted to remedy the defect within a time limit set by the participant. There is no need to set a time limit if the remedy is impossible or has been refused by Flory Kern or one of his appointees or if the imme-diate cancellation is justified by an exceptional interest of the participant.

10. Limitation of liability

10.1. The contractual liability of Flory Kern is - for damages that are not bodily injuries - restricted to the threefold travel price:
a) as far as the damage has not been brought about deliberately or grossly negligently
b) as far as Flory Kern is liable for a damage only because of the fault of a service provider.
10.2. Flory Kern is not liable for service defects, personal or material dam-ages in conjunction with services that have only been put over as an agent (e.g. flights, excursions, transport services from and to the agreed starting point and / or ending point), if these services have been explicitly character-ised as external services in the journey description and the booking confir-mation including the information on who is the actual service provider. It must be clear to the customer that these services are not part of the service package of Flory Kern. Flory Kern is, however, liable
a) for services, which include the transport of the customer from the agreed starting point to the agreed ending point of the journey, any transport in between and the accommodation during the journey,
b) if and insofar as the infringement of responsibilities of Flory Kern regard-ing advice, information and organisation is the cause for the damage.

11. Exclusion of claims and limitation of claims

11.1. Claims resulting from defects in providing the agreed services during the journey need to be enforced by the customer within one month after the designated end of the journey.
11.2. The enforcement can only be effected in written under the address given in these travel conditions.
11.3. After the expiration of the time limit the claims can only still be en-forced by the customer if he / she has been prohited from the timely en-forcement through no fault of his / her own.
11.4. Contractual claims of the customer according to §§ 651 c to f BGB, resulting from the violation of life or bodily harm including contractual claims for compensation for pain and suffering that result from a negligent breach of duty by Flory Kern, or that result from a deliberate or negligent breach of duty of one of his lawful appointees or auxiliary persons, are limited to two years. The same applies to claims on compensation of other damages, that are the result of a grossly negligent breach of duty by Flory Kern or that result from a deliberate or grossly negligent breach of duty by one of his lawful appointees or auxiliary persons.
11.5. All other contractual claims are limited to one year, according to § 651 c to f BGB.
11.6. The limitation of claims according to the paragraphs 11.4 and 11.5 starts the day on which the journey should have ended according to the travel contract.
11.7. If there are any pendent negotiations between the customer and Flory Kern, regarding the claim or the circumstances leading to the claim, the limitation is suspended until the customer or Flory Kern refuses the con-tinuation of the negotiations. The limitation of the claim comes into effect three months after the end of the suspension at the earliest.

12. Information on the identity of the fulfilling airline

12.1. Flory Kern informs the customer according to the „EU regulation for the information of flight customers regarding the identity of the fulfilling airline“ before or together with the booking of the identity of the fulfilling airline(s) regarding all air transport within the booked journey.
12.2. If at the time of booking the fulfilling airline is not yet clear, Flory Kern is obliged to inform the customer of which airline(s) will probably undertake the air transport. As soon as the fulfilling airline(s) is / are clear, Flory Kern will inform the customer without delay.
12.3. In the case that the fulfilling airline, which has been communicated to the customer, changes, Flory Kern will inform the customer of the change without delay and as quick as it is possible with adeqaute means.
12.4. The „Black List“ (airlines who are not allowed to operate in the air-space of the member states) which has been compiled according to the EU regulation, is published on the website of Flory Kern and can be accessed in the office of Flory Kern.

13. Choice of law and jurisdiction

13.1. The travel contract between Flory Kern and the customer underlies solely German law. This applies to the whole legal relationship.
13.2. If, with legal action against Flory Kern abroad regarding the liability of Flory Kern on ist merits, not German right is applied, only German law will however be applied on legal consequences, particularly regarding the manner and extent of claims of the customer.
13.3. The customer can only take legal action against Flory Kern at his regsitered office.
13.4. For legal action of Flory Kern against a customer the residence of the customer is decisive. For legal action against customers, respectively the contractual partner of the travel contract, that are merchants, legal persons by public or private law or who are persons who have their residence or commmon residence abroad or who’s residence or common residence is not clear at the time of taking legal action, the jurisdiction is that of Flory Kern.
13.5. The preceding regulations do not come into effect when and insofar as regulations that are applicable to the travel contract and that are not mandatory, are more favourable for the customer in the EU member state, to which the customer belongs or the according German regulations than the perceding regulations.