General travel conditions for travel contracts from bus and group tour operators

1. Conclusion of the travel contract

1.1. The travel contract should be concluded in writing using the tour operator's forms (travel registration and travel confirmation) including all agreements, subsidiary agreements and special requests. When the contract is concluded or immediately thereafter, the traveler must be given the complete travel confirmation. The tour operator is not obliged to do this for short-term bookings less than seven working days before the start of the journey. Clause 1.1. also applies to electronic travel registrations, the receipt of which we as the organizer will immediately confirm electronically.

1.2. The traveler is bound to the travel registration for 10 days, for travel registration by fax, e-mail and SMS for 5 days. The tour will be confirmed by the organizer within this period. Short-term bookings two weeks before the start of the trip or shorter lead to the conclusion of a contract through immediate confirmation or through admission to the journey.

1.3. In the case of online bookings, the traveler offers the tour operator the binding conclusion of the travel contract by clicking the button “book with obligation to pay”. Receipt of the booking (travel registration) is immediately confirmed to the customer electronically (confirmation of receipt). In addition, the instructions for booking and travel confirmation on the website are authoritative.

1.4. The organizer only makes binding reservations by telephone, which the traveler is expressly advised of. Thereafter, the travel contract according to section 1.1. getting closed. 1.5. A travel confirmation that deviates from the travel registration is a new contract application to which the organizer is bound for 10 days and which the traveler can accept within this period.

2. Brokered services

In the case of additional ancillary services (visits to events, etc.) expressly and unambiguously designated as brokered in the prospectus, the travel documents and in the other declarations, the organizer is only the travel agent. In the case of travel agencies, contractual liability as an agent is excluded, unless there is physical injury, intent or gross negligence, main obligations from the travel agency contract are affected, there is a reasonable possibility of taking out insurance or an agreed quality is missing. As an intermediary, the organizer is only liable for the mediation, but not for the mediated services themselves (cf. §§ 675, 631 BGB). The provisions of section 1 apply mutatis mutandis to the conclusion of the contract.

3. Passport, visa and health formalities

3.1. In principle, the organizer only informs citizens of an EU country in which the trip is offered about the required entry documents such as B. Passport and visa (including the deadlines for obtaining these documents) and health formalities (vaccinations, etc.) through the prospectus given to the traveler or before booking or before the start of the trip (including changes that have occurred in the meantime).

3.2. After fulfilling the information obligation according to section 3.1. the traveler must create the prerequisites for participation in the trip himself, unless the organizer has expressly committed to procuring visas or certificates, etc.

3.3. If the trip cannot be started due to the lack of personal requirements for the start of the trip, the traveler is responsible for this if this is solely due to his culpable behavior (eg no valid visa or lack of vaccination). In this respect, Clause 9 (withdrawal) applies accordingly.

4. Payments

4.1. All payments (down payment or final payment) by the traveler are only to be made after the security certificate has been issued. No security certificate is required if the trip does not last longer than 24 hours, does not include an overnight stay and the travel price does not exceed EUR 75.

4.2. After conclusion of the travel contract, 20% of the travel price has to be paid.

4.3. The remainder of the amount is payable on request at the earliest three weeks - for trips with a minimum number of participants in accordance with Section 13, but no earlier than two weeks - prior to the start of the trip, step by step, against delivery of the complete travel documents, if necessary and / or intended for the trip (e.g. Hotel voucher or transport ticket).

4.4. Conclusion of contracts two weeks before the start of the journey obliges the traveler to immediately pay the entire travel price step by step against delivery of the complete travel documents, as far as necessary and / or intended for the journey (eg hotel voucher or transport ticket).

5. Services

5.1. Brochures and catalogs are generally binding for the organizer. If the organizer expressly reserves the right to change the information and prices in the prospectus (see prospectus / catalog), the organizer can declare a specific change to the prospectus and price information prior to the conclusion of the contract if he informs the traveler of this before registering for the trip.

5.2. With the exception of Clause 5.1., The contractual services are based on the service description (prospectus / catalog) relevant at the time the contract is concluded and other agreements, in particular the travel registration and the travel confirmation.

6. Price changes *)

6.1. Four months after the conclusion of the contract, the organizer can demand price increases of up to 5% of the total price if it can be proven and only after the conclusion of the contract that an increase in transport costs, taxes for certain services, such as port or airport charges, or a change in the the exchange rates applicable to the trip in question are taken into account. Price increases based on the circumstances mentioned are only permissible to the extent that the increase, based on the transport, duty and exchange rate share, has a specific effect on the travel price.

6.2. A price increase can only be requested up to the 21st day before the agreed departure date. One according to section 6.1. The organizer must notify the traveler of the permissible price change immediately after becoming aware of the reason for the price increase.

6.3. In the event of price increases after the conclusion of the contract by more than 5% of the total travel price, the traveler can withdraw free of charge or instead request participation in another trip of at least equivalent value, if the organizer is able to offer such a trip from its offer at no additional cost to the traveler.

6.4. The rights according to section 6.3. the traveler must assert this immediately after the organizer has made a declaration.

7. Changes in services *)

7.1. Changes and deviations of individual travel services from the travel contract, which become necessary after the conclusion of the contract and were not brought about by the organizer in bad faith, are permitted. However, they are only permitted if the changes or deviations are not significant and do not affect the overall layout of the booked trip.

7.2. The organizer must notify the traveler of a permissible change to an essential travel service immediately after becoming aware of the reason for the change.

7.3. In the event of a significant change to an essential travel service, the traveler can withdraw from the contract or instead request participation in another trip of at least equivalent value, if the organizer is able to offer such a trip from its offer at no additional cost to the traveler.

7.4. In the event of a permissible change, the other rights (in particular reduction in price, compensation for damages) remain unaffected.

*) Note: It must be considered for each individual company whether these clauses can be omitted due to their practical insignificance.

8. Substitute travelers

The traveler can be replaced by a third party up to the start of the journey, provided that the latter meets the special travel requirements and does not conflict with statutory regulations or official orders and the organizer does not object to participation for these reasons. The traveler and the third party are jointly and severally liable to the organizer for the travel price and for the additional costs incurred by the participation of the third party, regularly at a flat rate of EUR 15.

9. Cancellation by the customer - no start of the trip

9.1. After withdrawing at any time before the start of the trip, the traveler is obliged to pay the following lump-sum compensation based on the total price of the trip, depending on the type of trip and the time of withdrawal before the start of the trip:

Bus travel

from the 30th day before the start of the journey 5% from the 21st day before the start of the journey 15% from the 14th day before the start of the journey 35%
from the 7th day before the start of the journey 50%

Sea and river cruises
from the 30th day before the start of the tour 20% from the 21st day before the start of the tour 35% from the 14th day before the start of the tour 55% from the 7th day before the start of the tour 70% from the 3rd day before the start of the tour 80%

9.2. The receipt of the declaration of cancellation by the organizer or the booking office is decisive for the running of the deadlines. The traveler is recommended to withdraw in writing.

9.3. The traveler is expressly allowed to prove that the claim to compensation did not arise or that the compensation was significantly lower than the stated flat rate.

9.4. If the trip is not commenced, items 9.1. - 9.3. applied accordingly.

10. Rebooking and changes at the request of the traveler If the traveler requests changes or rebooking after the contract has been concluded, the tour operator can charge a flat-rate processing fee of EUR 15 if the traveler has given the relevant express information proves a higher processing fee or a higher compensation, the amount of which is determined by the travel price less the value of the expenses saved by the tour operator and what the tour operator can acquire through other use of the travel services.

11. Travel interruption

If the trip is interrupted after the start of the trip as a result of a circumstance that is in the sphere of the traveler (e.g. illness), the organizer is obliged to reimburse the service providers for the reimbursement of saved expenses and proceeds from the utilization of the unused - to achieve the services assumed. This does not apply if completely insignificant services are affected or if a reimbursement is contrary to legal or official provisions.

12. Termination in the event of serious disruption by the traveler - obligations to cooperate

12.1. The tour operator can terminate the travel contract without notice if the traveler continues to disturb the tour despite a warning so that further participation is no longer reasonable for the tour operator and / or the travelers. This also applies if the traveler does not adhere to factually justified information. In this case, the organizer is still entitled to the travel price, insofar as expenses and benefits not saved arise from other use of the travel service (s). Any other claims for damages remain unaffected.

12.2. The traveler should take reasonable steps (e.g. informing the organizer) to avert impending, unusually high damage or to keep it to a minimum.

13. Minimum number of participants

13.1. If in the description of the trip (brochure / catalog) and in the travel confirmation, a certain minimum number of participants and the cancellation deadline (no later than two weeks before the start of the trip) are indicated and this minimum number of participants is not reached, the organizer can declare that the minimum number of participants has not been reached and the trip is not carried out.

13.2. The organizer will provide the traveler with the declaration in accordance with section 13.1. It is to be received immediately after knowledge of the number of participants not reached, at the latest two weeks before the start of the journey.

13.3. The traveler can request participation in another trip of at least the same value if the organizer is able to offer such a trip from its offer at no extra cost to the traveler.

13.4. The traveler has to assert his right according to section 13.3. Immediately after receipt of the organiser's declaration.

13.5. If the traveler does not exercise his or her right under Section 13.3. Use, the amount paid by the traveler must be reimbursed immediately.

14. Termination due to force majeure

14.1. Aggravation, endangerment or impairment of a considerable nature due to circumstances that were not foreseeable when the contract was concluded entitle both parties to terminate the travel contract in accordance with Section 651 j (1) of the German Civil Code (BGB).

14.2. Compensation and settlements result from § 651 j Abs. 2 BGB.

14.3. In the event of termination, the organizer is obliged to return the vehicle if the contract also includes the transport. In any case, he must take the measures necessary to terminate the contract.

14.4. Otherwise, the organiser's duties to provide information remain unaffected.

15. Travel deficiencies, obligations of the traveler, rights of the traveler

15.1. In the event of non-contractual travel services, the traveler can request remedial action (removal of defects or equivalent replacement service).

15.2. Travel deficiencies are to be reported to the tour guide or, in the event of his unavailability or missing, to the organizer, unless this is unreasonable for the traveler due to considerable difficulties (telephone and fax numbers can be found in the travel documents). In the event of culpable failure to report the defect, the traveler is not entitled to any reduction in the travel price.

15.3. The traveler can take remedial action himself if the trip shows a defect or deficiencies, he gives the organizer a reasonable deadline for remedial action and the organizer does not provide remedial action by the end of this period (see section 15.1.). The traveler can then demand reimbursement of his necessary expenses. No deadline is required if the remedy is refused, if the traveler is particularly interested in immediate self-help, and if the organizer is disproportionately expended.

15.4.1. The traveler can terminate the travel contract if the trip is significantly impaired by the travel deficiency, if he gives the organizer a reasonable deadline for remedial action and this deadline expires uselessly. The setting of a deadline is not necessary in the event of impossibility of remedial action, refusal of remedy, if the immediate termination is justified by a special interest of the traveler or if the traveler cannot be expected to travel due to a defect for an important reason recognizable to the organizer.

15.4.2. In the event of a justified termination, the organizer can only demand compensation for travel services that have been rendered or are still to be rendered at the end of the trip (calculation according to § 651 e) Paragraph 3 BGB). In the case of worthless travel services (“no interest” on the part of the traveler), there are no claims for compensation.

15.4.3. After the termination, the organizer must take the necessary measures, arrange for the return transport and bear the additional costs if the transport is part of the travel contract.

15.5. Without prejudice to the reduction or termination, the traveler can demand compensation for non-performance, unless the defect is based on a circumstance for which the organizer is not responsible.

16. Limitation of Liability

16.1. The contractual liability of the organizer for damage that is not physical damage is limited to three times the travel price.

16.1.1. insofar as damage to the traveler is not caused intentionally or through gross negligence, or

16.1.2. insofar as the organizer is responsible for damage incurred by the traveler solely due to the fault of a service provider.

16.2. If international agreements or statutory provisions based on these apply to a travel service to be provided by a service provider, according to which a claim for damages can only be asserted under certain conditions or restrictions, the organizer can rely on these agreements vis-à-vis the traveler and the legal provisions based on it.

16.3. The organizer is liable for property damage of up to EUR 4,000 for all claims for damages made against the organizer for tort that are not based on intent or gross negligence. If three times the travel price exceeds this amount, liability for property damage is limited to three times the travel price. These maximum amounts of liability apply to each traveler and trip.

17. Exclusion period and statute of limitations

17.1. Claims due to inadequate travel services according to §§ 651 c to 651 f BGB - with the exception of physical injuries - must be asserted by the traveler against the organizer within one month of the contractually stipulated end of the trip, unless the deadline is not due to no fault of their own could be met.

17.2. Claims of the traveler within the meaning of section 1

7.1. - with the exception of physical injuries - generally expire one year after the contractually stipulated end of the trip. The limitation period of one year does not begin before the traveler has notified the organizer of a defect. In the event of gross "own" fault or malice, the statute of limitations in Section 17.1. affected claims in three years.

© RDA-Bartl-Bech-Schröder 1.12.2012