Terms and Conditions for package offers

Terms and Conditions for Travel Package Offers tendered by the Trier Tourismus und Marketing GmbH

Dear Guest,

the following Terms and Conditions, when effectively agreed, become part of the travel contract concluded between you, hereinafter referred to “you” or “customer”, and Trier Tourismus and Marketing GmbH, hereinafter referred to as "TTM". The following Terms and Conditions only apply to travel packages offered by TTM. The English version of this text serves only for information and is not part of this legal transaction, please refer to clause 8.

1. Conclusion of Travel Contract, Customer Obligations

1.1. The following applies to all types of bookings:
The offer of TTM and the customer's booking are based on the description of the package tour offer, the important travel information as well as the supplementary information contained in the basis of the booking, as far as it is available to the customer upon booking.

1.2. The following applies to bookings made in writing, by e-mail, by fax:
a) With the booking, the customer bindingly offers the conclusion of the travel contract to TTM.
b) The contract shall be concluded upon receipt of the booking confirmation (confirmation of acceptance) of TTM which does not require a certain form and therefore word of mouth and confirmations by telephone are also legally binding for the customer. After the customer´s word of mouth booking or booking by telephone TTM supplies the customer with a written booking confirmation. Word of mouth bookings and bookings made by telephone with respective binding word of mouth confirmations and confirmations by telephone are still binding, even if the customer does not receive a written confirmation. In case TTM provides an individual offer upon request of the customer, the contract is concluded when the customer accepts the offer without modifications. 

1.3. Following applies to the conclusion of contract for bookings which are made online without special means of individual communication (contract within electronic commerce):
a) By activating the button “booking with an obligation to pay” the customer offers TTM a binding conclusion of the contract. The receipt of the booking is immediately
b ) The transmission of the contract offer by activating the button “booking with an obligation to pay” does not substantiate any claim that a contract has been concluded referring to the booking specifications. TTM however is free to accept or not accept the offer of the customer.
c) The contract is concluded when the customer receives the booking confirmation from TTM.

1.4. TTM points to the fact that, according to the provisions of law (Section 312 g Subsec. 2 Sentence 1 No. 9 BGB), there is no right of revocation in connection with package tour contracts, even if they are concluded by way of distance selling according to Sections 1.2. and 1.3 above. The other rights of the customer remain unaffected. 

2. Payment

2.1. After conclusion of the contract and delivery of the Bankruptcy Insurance Note (Sicherungsschein) in accordance with Section 651 k BGB, an advance payment amounting to 10 % of the travel price shall become due for payment. Payment of the balance shall become due for payment 3 weeks before the start of travel, provided the Bankruptcy Insurance Note was submitted.

2.2. The obligation to deliver the Bankruptcy Insurance Note does not apply to travels which do not include overnight stay and do not exceed a travel time of 24 hours and a price of € 75,-.

2.3. If the customer fails to pay the advance and/or the balance in accordance with the agreed payment terms, although TTM is ready and able to properly perform the contractual services, and there does not exist a legal or contractual right of retention on the part of the customer, TTM reserves the right, after sending a reminder and setting a period, to rescind the travel contract and charge the customer cancellation costs in accordance with Section 3.

3. Cancellation by the Customer Before the Start of Travel

3.1. The customer can cancel travel at any time before the start of travel. Cancellation is to be declared to TTM via the address provided below. For evidence purposes, the customer is recommended to declare cancellation in writing.

3.2. In calculating compensation, TTM has taken usually saved expenses and a usually possible alternative use of the travel services into consideration. The compensation shall be calculated depending on the date of receipt of the customer's notice of cancellation as follows:

a) until the 31st day before start of the travel: 10%
b) from the 30th day until the 21th: 20%
c) from the 20th day until the 12th: 40%
d) from the 11th day until the 3rd: 60%
e) from the 2nd day before start of the travel until the day the travel starts or in case of no-show: 80% of the travel price.

3.3. In any case, the customer shall be free to prove to TTM that it has incurred no damage or only damage substantially lower than the flat-rate amount it has claimed.
 
3.4. Instead of the flat-rate amounts shown above, TTM reserves the right to claim a higher concrete compensation, provided TTM proves that it has incurred substantially higher expenses than the respectively applicable flat-rate amount. In such case, TTM shall be obliged to concretely specify and substantiate the claimed compensation, paying due regard to saved expenses and a possible alternative use of travel services

4. Customer`s Obligation of Deficiencies Notification during Travel; Termination of Travel Contract by the Traveler/Customer; Online Dispute Resolution

4.1. The obligation to notify deficiencies under §651 d Subsec. BGB applies as follows to TTM travels:
a) The customer is obligated to immediately notify the local TTM representative of any deficiencies and demand redress.
b) The customer shall be provided with the information of TTM's representative (name, availability and contact details) with the delivery of the travel documents at the latest.
c) If under the terms of contract there is no requirement for a local representative or tour guide the customer is obliged to immediately file the complaint directly to TTM at the below-mentioned address.
d) Claims made by the customer shall only remain valid if the failure to notify a default does not result from any responsibility of the customer.

4.2. Incoming agencies, service providers and their staff members are neither entitled nor authorized by TTM to confirm deficiencies or recognize claims against TTM.

4.3. If travel is seriously impaired as a result of a deficiency in the travel, the customer can terminate the contract. The same shall apply when, as a result of such deficiency, the customer cannot be reasonably expected to participate in the travel for good cause apparent to TTM. Termination shall only be admissible after TTM or their agents (to the extent there are any and they have been contracted to act as contact persons) have allowed a reasonable period fixed by the customer to expire without providing any form of redress. The provision of a period is not required if the remedy is impossible or is refused by TTM or its agents or if the immediate termination of the contract is justified through a special interest on the part of the customer.

4.4. Claims on account of the travel not being provided in accordance with the contract must be asserted by the customer within one month after the contractually agreed end of travel. The deadline commences on the day following the day of the contractually agreed end of travel. If the last day of this period falls on a Sunday, generally recognized public holiday at the place of declaration, or Saturday, the next working day shall be taken as the end of the period.In order to be validly asserted within the above-stated period, claims must be lodged with HHT at the address indicated below. After expiry of the period, the customer can only assert claims when he/she was prevented from observing the period without fault on his/her part.

4.5. The European Directive on Alternative Dispute Resolution (ADR) is seeking to ensure that consumers have access to out of court redress in every EU member state. The use of ADR is not obligatory and TTM does not use ADR. TTM will inform the customer if the use of ADR will be obligatory in future.For information about the newly established EU-wide Online Dispute Resolution platform (ODR) TTM provides the following link: http://ec.europa.eu/consumers/odr/

5. Limitation of Liability

5.1. The contractual liability of TTM for damage not resulting from fatal injury, bodily harm, or damage to health is limited to three times the travel price
a) as far as the damage suffered by the customer was not caused willfully or through gross negligence, or
b) as far as TTM is responsible for a damage incurred to the customer solely due to the fault of a service provider.

5.2. TTM shall not be held liable for of service disruptions, personal injury, and damage to property arising in relation to third-party service for which TTM is the brokering agent (e.g. excursions, sports events, theater visits, exhibitions, transportation services from and to the specified places of departure and destination), provided that said third-party services are expressly identified as such in the brochure and booking confirmation in such a clear and unequivocal manner that they are readily apparent to the customers/traveler as being separate and distinct from the travel services provided by TTM.

6. Unused Services

If the customer does not make use of individual travel services duly offered to him/her for any   reasons that he/she is responsible for (e.g. due to early return or for other compelling reasons), he/she shall not be entitled to a pro-rata refund of the travel price. TTM will make an effort to obtain reimbursement for saved expenses from the service provider. This obligation shall not apply when the services are absolutely insignificant or when a refund is in conflict with legal or official regulations.

7. Choice of Law and Place of Jurisdiction

7.1. For customers/travelers who are not nationals of a member state of the European Union or Swiss nationals, it is agreed that the entire legal and contractual relationship between the customer/traveler and TTM shall be exclusively governed by German law. Such customers/travelers can sue TTM exclusively at the place where TTM has its seat.

7.2. For actions brought by TTM against customers or contract partners of the travel contract who are registered merchants, legal entities under public or private law, or persons having their domicile or habitual place of residence abroad or whose domicile or habitual place of residence is not known at the time the lawsuit is brought to trial, it is agreed that the seat of TTM shall be the place of jurisdiction.

8. English Text serves only for Information

The English version of this text serves only for information and is not part of this legal transaction. Therefore, in the event of any inconsistency between the German and the English version, only the German version shall apply.


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© Protected by copyright: Noll & Hütten Rechtsanwälte, Stuttgart | Munich,  2014 – 2016
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Tour Operator:
Trier Tourismus und Marketing GmbH
Simeonstraße 55, 54290 Trier
Telephone +49 651 978080; Telefax +49 651 9780876
e-mail info@trier-info.de
Wittlich Municipal Court, HRB 4635;
Chief executive: Thomas Egger