General Travel Terms and Conditions for Travel Package Services Provided by Trier Tourismus und Marketing GmbH
These Terms and Conditions, (if and to the extent same have been validly agreed upon), become part of and shall govern the contractual relationship concluded between you, the travel client or traveller (hereinafter mutually referred to as "client"), and Trier Tourismus und Marketing GmbH (hereinafter referred to as "TTM"). They complement the legal provisions of Sections 651a to -y BGB (Bürgerliches Gesetzbuch – German Civil Code) and the statutory information obligations applying to tour operators according to Articles 250 and 252 EGBGB (Einführungsgesetz zum BGB – Introductory Code to the German Civil Code). These Terms and Conditions shall apply only in relation to travel packages offered by TTM. These Terms and Conditions shall not apply in relation to third party services which TTM offers as a mere agent (such as guided tours or tickets e.g.) and not in relation to accommodation services brokered by TTM acting also as an agent. Please read these Terms and Conditions carefully before submitting your travel booking!
1. Conclusion of Contractual Relationship / Clients' Obligations
1.1. The following shall apply in relation to all booking methods:
a) The offer of TTM and the client's booking shall be based on the published description of the travel package offered as well as any supplementary information as provided by TTM (such as classification specifications e.g.) as provided and available to the client at the time of his/her booking.
b) If the booking confirmation communicated by TTM differs in any way from the booking placed by the client, such confirmation shall constitute a new offer by TTM to which it shall be bound for a period of 3 days. The travel package contract shall be concluded on the basis of this new offer, provided TTM has indicated such amendments to the client and has duly fulfilled its pre-contractual information duties in relation thereto and provided moreover, the client has accepted same, either expressively or tacitly by way of effecting payments in this regard.
c) Any and all information provided by TTM prior to conclusion of the travel package contract in relation to material specifics of the travel services, the travel package price and any additional costs, the conditions of payment, the minimum number of travel participants and standard cancellation fees - in accordance with Article 250 Subsection 3 numbers 1, 3 to 5 and 7 EGBGB (Introductory Code to the German Civil Code) – shall not become subject to the travel package contract only if this has been explicitly agreed upon by and between TTM and the client.
d) In relation to any client bookings made not only for the client him/herself but also for and on behalf of fellow travelers, the client shall be liable for the contractual obligations of such fellow travelers in the same way as for its own contractual obligations, provided the client has expressly undertaken to assume such fellow travelers’ obligations by way of a separate declaration to this effect.
1.2. The following applies to bookings made in writing, by e-mail or by fax:
a) By way of placing a booking (travel booking), the client - in a contractually binding manner - furnishes an offer to TTM to enter into a travel package contract to which it shall be bound for a period of 3 working days.
b) The corresponding travel package contract is concluded upon the client receiving TTM’s acceptance which is given by way of TTM’s booking confirmation. Upon or immediately subsequent to the conclusion of the travel package contract, TTM shall provide the client with a corresponding booking confirmation document which shall be compliant with the statutory provisions defining such a booking confirmation’s necessary contents. The booking confirmation document shall be issued on a pre-servable medium, i.e. in such a manner which shall allow for the client to keep or store the booking confirmation document as provided by TTM, in order to access same at any moment within an adequate period of time (e.g. on paper or by way of an email attachment), provided the client is not entitled to a booking confirmation document on paper in accordance with Article 250 Section 6 Subsection (1) second sentence EGBGB (Introductory Code to the German Civil Code) which applies in cases where the travel package contract is concluded in the physical presence of both parties or in cases where it is concluded outside business premises as defined in Section 312b BGB (German Civil Code).
1.3. In relation to bookings which are generated electronically (e.g. via internet or app or tele media) the following shall apply:
a) The client is instructed about the relevant online booking procedure on TTM’s website or app.
b) In order to correct, delete or reset the entire online booking form, various functions shall be available to the client which the client shall be informed and instructed about online.
c) The various language options which may be used to pursue the booking process are provided on TTM’s website or app.
d) If and to the extent that the travel package contract’s contents are saved electronically, the client shall be informed accordingly as well as about the possibility of accessing and down loading the respectively stored data at any later point in time.
e) By activating the button "zahlungspflichtig buchen“ (“binding booking resulting in a payment duty”) the client furnishes to TTM a binding offer to conclude the travel package contract which the client shall be bound to for a period of three working days as of the time at which the client’s respective offer is electronically triggered in accordance with the aforementioned process.
f) Immediately thereupon, the client will automatically receive an electronic confirmation of receipt in relation to his/her travel booking.
g) Transmitting the travel booking by way of activating the button “zahlungspflichtig buchen” shall not entitle the client to any rights regarding the conclusion of a travel package contract on the basis of the travel booking submitted. TTM remains free to, at its sole discretion, accept the client’s travel booking or not.
h) The travel package contract shall be concluded upon the client receiving TTM’s respective booking confirmation which shall be provided by TTM on a pre-servable medium.
1.4. TTM advises the client herewith that, according to the applicable statutory provisions (Section 312 Subsection (7), 312 g Subsection (2) Sentence 1 No. 9 BGB – German Civil Code), the client shall not be entitled to any right of revocation in relation to travel package contracts which according to Sections 651a and 651c BGB (German Civil Code) have been concluded remotely (i.e. by way of letter, brochure, telephone, telefax, E-Mail, mobile phone, mobile text message, as well as by radio broadcast, television and online services). The client’s statutory rights to cancellation, especially his/her cancellation rights according to Section 651 h BGB (German Civil Code) (see also Clause 3 below) shall remain unaffected. The client shall however be entitled to revocation if the travel package contract has been concluded outside of business premises, unless the oral negotiations on the basis of which the travel package contract was subsequently concluded were conducted due to the client’s respective request in which case, in turn, the client shall have no right of revocation.
2.1. Prior to complete fulfilment of all services which are to be provided by TTM under the travel package contract, TTM and its agents shall only be allowed to collect client payments in relation to the travel package price, provided that a valid contract for the purposes of insuring or guaranteeing such client payments (Kundengeldabsicherung) in accordance with Section 651r BGB (German Civil Code) exists and that the client has been provided with a corresponding security certificate (Sicherungsschein) which clearly and comprehensibly as well as prominently displays the insuring or guaranteeing party’s name and contact information. Following conclusion of the travel package contract and upon such aforementioned security certificate having been provided to the client, an advance payment amounting to 10 % of the travel package price shall become due for payment by the client to TTM. Payment of the residual balance amount shall become due for payment 3 weeks prior to TTM commencing the provision of services under the travel package contract, provided the aforementioned security certificate has been duly submitted to the client.
2.2. Contrary to the provisions in Clause 2.1 above, TTM shall be under no obligation to provide the client with a security certificate (Sicherungsschein) in order to collect client payments, if the travel package offer does not include carriage services to the destination and back and if, contrary to the provisions of Clause 2.1 above it has been agreed and accordingly stated also in TTM’s travel booking confirmation that the entire travel package price shall only be payable upon complete fulfilment of all services which are to be provided under the travel package contract at the end of the client’s stay.
2.3. If the traveler does not make the down payment and / or the final payment in accordance with the agreed due dates, although TTM is willing and able to provide the contractual services properly, has fulfilled its legal information obligations and has no statutory or contractual right of set-off or retention If there is a traveler and the traveler is responsible for the delay in payment, TTM is entitled to withdraw from the package tour contract after a reminder with a deadline after the deadline has expired and to provide the traveler with cancellation costs in accordance with para. 3 to burden.
3. Client Cancellations prior to Commencement of Provision of Travel Services / Cancellation Fees
3.1. The client shall be entitled to cancel the contractual travel services at any time prior to commencement of their provision by TTM. Cancellations are to be notified to TTM to the address provided above/below or to the travel agent who on behalf of TTM has concluded the travel package contract with the client. For evidence purposes, the client is recommended to provide cancellation notices in written text.
3.2. In the event of a client cancelling the booked travel package prior to commencement of their provision by TTM or if the client fails to utilize the travel services (no show), TTM shall have no right to claim payment of the contractually agreed travel price. Instead, TTM shall be entitled to claim payment of adequate compensation in consideration of preparations made and costs incurred by TTM at the time of the cancellation being notified to it. Such adequate compensation shall be calculated on the basis of the contractually agreed travel service price. The aforementioned shall however not apply if the client’s cancellation is caused by reasons falling into the scope of TTM’s responsibility or if the cancellation was caused by the occurrence of unavoidable, extraordinary circumstances at or in direct proximity to the client’s destination which would materially impair the provision of travel services at or the carriage of passengers to the client’s destination. Circumstances shall be deemed unavoidable and extraordinary, if they cannot be controlled by TTM and if their consequences remain unavoidable despite TTM having taken all reasonable measures to avoid them.
3.3. The below mentioned standard compensation charges have been calculated by way of TTM duly taking into account any and all costs which usually remain unexpended as well as any and all proceeds usually generated by way of selling unutilized travel services to other clients or making use of same otherwise. The standard compensation charges are applied as follows, depending on the date on which TTM receives notice of the client’s cancellation:
a) Up to the 31st day prior to commencement of the booked travel package services, 10 % of the travel package price.
b) As of the 30th day and up to the 21st day prior to commencement of the booked travel package services, 20% of the travel package price.
c) As of the 20th day and up to the 12th day prior to commencement of the booked travel package services, 40% of the travel package price.
d) As of the 11th day and up to the 3rd day prior to commencement of the booked travel package services, 60% of the travel package price.
e) As of the 2nd day as well in case of the client failing to utilize the travel services on the day of commencement of the booked travel package services (or in case of no show), 80% of the contractual travel price.
3.4. The client is urgently advised to take out insurance covering cancellation costs as well as insurance covering expenses for repatriation in the event of any accident or illness occurring while travelling.
3.5. In any event, the client shall retain the right to positively prove that TTM has incurred no damages or damages which are substantially lower than the standard charge claimed in accordance with the above mentioned standard compensation charges.
3.6. TTM reserves the right to claim a higher concretely calculated compensation amount, provided TTM proves that it has incurred substantially higher expenses than the respectively applicable standard charge. In such event, TTM shall be obliged to concretely specify and substantiate the accordingly claimed higher compensation amount, by way of duly taking into consideration any unexpended costs as well as any and all proceeds generated by way of selling the unutilized travel services to another client or by way of making use of same otherwise.
3.7. In the event of TTM being obliged to refund the travel package price due to the client’s cancelation, it shall do so without undue delay, at least within a maximum period 14 days following the date on which TTM received notification about the cancellation.
3.8. The client's legal right pursuant to Section 651e BGB (German Civil Code), to, on a pre-servable medium, demand that instead of the client, a third person is to enter into the travel package contract, remains unaffected by the above provisions.
4. Client Obligations
4.1. Travel Documents
Clients shall be obliged to notify TTM or the travel agent who has concluded the travel package contract with the client on TTM’s behalf, if it has not duly received the travel documents within the time specified by TTM.
a) If the travel services performed under the travel package contract are in any way deficient, the traveller is entitled to demand remedy.
b) If and to the extent that, due to the traveller’s failure to duly report a service deficiency, TTM has been unable to remedy same, the traveller shall neither be entitled to refund in accordance with Section 651m BGB (German Civil Code) nor to compensation of damages in accordance with Section 651nBGB (German Civil Code) in this regard.
c) Clients shall be obliged to, without undue delay, report to TTM’s authorised representatives onsite the occurrence of any travel service deficiencies and demand remedy of same. If there are no representatives of TTM present onsite and TTM, according to the travel package contract, is not obliged to have such a representative present onsite, any travel service deficiencies are to be reported to the contact as communicated by TTM; travellers will be informed about the availabilities of TTM’s onsite representatives or contacts within TTM’s travel booking confirmation. The traveller, may at his/her discretion, also choose to report any deficiencies to the travel agent which has concluded the travel package contract on TTM’s behalf.
d) TTM’s representative is assigned with remedying any occurring service deficiencies, it is, however, neither authorized to confirm deficiencies nor to acknowledge any claims asserted against TTM.
4.3. Deadline prior to Cancellation
If the client/traveller pursuant to Section 651l BGB (German Civil Code) intends to cancel the travel package contract due to a service deficiency as defined in Section 651i Subsection (2) BGB (German Civil Code) that is substantial, the client/traveller shall be required to first define an adequate deadline within which TTM is to remedy the reported deficiency. This shall not apply if TTM has previously refused to take adequate remedial measures in this concern or if it is necessary that immediate remedial measures are taken.
5. Limitation of Liability
5.1. TTM’s contractual liability for damages which have neither resulted in fatal injury, bodily harm nor in damages to a person’s health and which have not arisen due to any negligence or wilful conduct on the part of TTM and its suppliers and vicarious agents shall be limited to an amount equalling triple the travel package price.
5.2. TTM shall be held liable neither for any service disruptions, nor for any personal injury nor for any damages to property which arise in connection with third party services which TTM has sold acting as a mere agent (e.g. excursions, sports events, theatre tickets, exhibitions, transportation services from and to the specified places of departure and destination), if TTM, within its advertised publications and its travel booking confirmation has clearly indicated such services as third party services in a sufficiently distinct manner, thereby expressively stating the identity and address of the corresponding third party contract partner which TTM has acted as an agent for, so that it is apparent to the client that such services are not part of the travel package contract concluded with TTM. Sections 651b, 651c, 651w and 651y BGB (German Civil Code) remain unaffected in this regard.
5.3. TTM shall however be liable in relation to damages caused to clients as a result of TTM having breached its statutory advisory or information duties towards the client or due to any breach by TTM.
5.4. If services such as medical, therapeutic, massage or other treatments or services for cure and wellbeing are not part of TTM’s travel package and were sold by way of TTM acting as a mere agent for a third party in accordance with Clause 5.2 above, TTM shall neither be held liable for the due provision of such services nor for any personal injury or property damages arising in connection with their provision. TTM’s liability as an agent remains unaffected. If, however, services of this nature are indeed rendered as part of TTM’s travel package, TTM shall not be liable for any cure or treatment success.
6. Assertion of Claims an Addressee
Any claims asserted by the client under Section 651i subsection (3) no. 2, 4-7 BGB (German Civil Code) must be addressed to TTM. Alternatively, they can also be addressed to the travel agent who has concluded the travel package contract on behalf of TTM. Contractual claims as specified in section 651 i paragraph 3 German Civil Code are subject to a limitation period of two years. Such limitation period commences on the day the travel package services were supposed to come to a conclusion. It is recommended to assert claims in written text.
7. Unused Travel Services
In the event that, for reasons that fall into the traveller’s scope of responsibility and, in relation to which the traveller holds no statutory right to cancel the travel package contract free of charge, the traveller fails to utilise individual travel services despite having been duly offered the provision of same (e.g. due to early return or for other compelling reasons), the traveller shall not be entitled to a pro-rata refund of the contractually agreed travel package price. TTM shall apply reasonable endeavours to obtain refunds of any accordingly unexpended costs from its suppliers. Such obligation shall not apply if the respectively unused services are absolutely insignificant.
8. Alternative Settlement of Disputes; Choice of Law and Place of Jurisdiction
8.1. With respect to the newly introduced legislation regulating the settlement of consumer disputes (Gesetz über Verbraucherstreitbeilegung), TTM points out that it currently does not participate in any such voluntary settlement programme. In the event that the participation in such a programme became obligatory in the further course after printing and publishing these terms and conditions, TTM will duly inform its clients accordingly. In relation to all contractual relationships concluded electronically, TTM makes reference herewith to the European dispute settlement platform https://ec.europa.eu/consumers/odr.
8.2. For clients 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 client and TTM shall be exclusively governed by German law. Claims filed by clients shall be exclusively brought before the competent court jurisdiction at TTM’s registered domicile.
8.3. Claims and law suits by TTM against a client shall be brought before the court of competent jurisdiction at the client‘s domicile. In relation to law suits against clients who are merchants in accordance with the German Commercial Code (HGB) or legal persons of civil or public law whose residence or registered business domicile or whose usual place of stay is either abroad in a foreign country or unknown at the time when the law suit is brought, the parties agree that such law suits shall be brought before the court of competent jurisdiction at TTM’s registered domicile.
© Urheberrechtlich geschützt; Noll | Hütten | Dukic Rechtsanwälte, München | Stuttgart, 2020
Trier Tourismus und Marketing GmbH
Simeonstrasse 55, 54290 Trier
Telephone: +49 651 978080
Fax: +49 651 9780876
Commercial Register: Amtsgericht Wittlich (Wittlich Municipal Court), HRB 4635;
Managing Director: Norbert Käthler