Allgemeine Geschäftsbedingungen
Terms & Conditions
1. Conclusion of the Package Travel Contract, third-party services, Scope and definitions
1.1 For the business relationship between you and us, the
Address: BB & TL GmbH
Dorfring 17b
22889 TangstedtGermany
Tel.: 040 / 638 644 94
Internet: www.zrce.de
E-Mail: info@zrce.de
Commercial register: Kiel District Court, HRB 17231
Manager: Benjamin Buhs and Timo Laub
as a tour operator (hereinafter: "tour operator"), the following general terms and conditions apply exclusively in the version valid at the time of travel registration. Deviating general terms and conditions of our customers will not be accepted unless we expressly agree to their validity in writing. These terms and conditions supplement and complete §§ 651a–y BGB and §§ 4–11 BGB-InfoV.
1.1.1 With your travel registration, you make a binding offer to the organiser to conclude the package travel contract . The package travel contract is concluded upon receipt of the organiser's declaration of acceptance. This does not require a specific form.
1.1.2 For travel registrations via the booking form on our website under the domain www.zrce.de, the following also applies:
1.1.2.1.You can select various travel services from the range of the organiser and submit a binding offer to conclude a package travel contract by clicking on the button "Book now for a fee" (booking request). Before sending the booking request, you can change and view the data at any time. However, the application can only be submitted and transmitted if you have accepted these terms and conditions by clicking on the checkbox "I have read the organizer's terms and conditions and agree to their validity." and have thereby included them in your application.
1.1.2.2. We will then send you an automatic confirmation of receipt by e-mail, in which your booking request will be listed again and which you can print out using the "Print" function. The automatic confirmation of receipt only documents that we have received your booking request and does not constitute acceptance of the request. The contract is only concluded by the submission of the declaration of acceptance by us, which is sent with a separate e-mail (order confirmation).
In this e-mail or in a separate e-mail, but at the latest when the travel services are provided or a booking number is assigned, the contract text (consisting of booking request, general terms and conditions and order confirmation) will be sent to you by us on a durable data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection.
1.2 Registration shall also be made by the applicant for all participants listed in the registration, for whose contractual obligations the applicant is responsible as well as for his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration.
1.3 Upon or immediately after conclusion of the contract, you will receive a written travel confirmationcontaining all essential information about the travel services you have booked.
If the confirmation differs from your registration, the organizer is bound to the new offer for 10 days. The package travel contract is concluded on the basis of the new offer if you accept the offer within this period.
1.4 Reservations are registrations for trips that have not yet been advertised. They will be converted into firm bookings, subject to availability, as soon as and to the extent that the trip can be booked for the desired travel period.
1.5 If you only book an admission ticket from a third-party provider without any other travel services, the organiser only acts as an intermediary for a third-party service . Through the purchase of arranged tickets, contractual relationships are established exclusively between you and the respective provider. The name of the respective provider can be found on the admission ticket.
1.6 You are not entitled to a right of revocation in accordance with Section 312 g (2) No. 9 of the German Civil Code (BGB).
2 Payment
2.1 In order to protect customer funds, the Organiser has taken out insolvency insurance with Zürich Insurance plc, Solmsstraße 27 – 37, 60486 Frankfurt am Main. A security certificate can be found on the confirmation. In addition, the confirmation will indicate the amounts for deposit and final payment and, if applicable, cancellation.
2.2 Due date for isolated booking of accommodation
2.2.1 Upon conclusion of the contract, the deposit of 20% of the total price is due upon delivery of the confirmation and is payable within 7 days from the conclusion of the contract. The cost of any travel insurance will be charged in full together with the deposit.
2.2.2. The remaining price will be due and debited 5 weeks before the start of the trip if it is clear that your trip will be carried out – as booked – and the travel plan (in the case of ticketless travel) or the travel documents will be sent to you as agreed. For short-term bookings (from the start of four weeks of travel), the entire travel price is due immediately.
2.2.3 The fees in the event of cancellation (see clause 7) and processing and rebooking fees (see clause 8) are due immediately.
2.3 Due date for package tours that include a flight
In the case of package tours that include a flight, the travel price is due in full immediately upon conclusion of the contract upon delivery of the confirmation.
2.4 Due date for the arrangement of admission tickets and airport transfers
When booking travel services that are merely arranged, such as tickets for arranged events, e.g. festival tickets, or for isolated bookings of an airport transfer, the price is due in full immediately upon conclusion of the contract upon delivery of the confirmation.
2.5 Payment to the organizer
2.5.1 We offer the following payment methods: PayPal, SEPA direct debit, giropay, SOFORT bank transfer, credit card and payment on account.
2.5.2 If and to the extent that the Organiser offers payment by SEPA direct debit, it requires a so-called "mandate" that allows the price to be paid (deposit and final payment) to be debited from your current account by direct debit. The mandate is part of the confirmation.
2.5.2 If and to the extent that the Promoter accepts payment by credit card, it will require your address or, if applicable, the address of the recipient of the document as well as your consent to be debited from your credit card. Upon payment, a transaction fee of 0.7% of the travel price, rounded to the nearest euro, will be charged. This does not apply to payments in accordance with Section 2.6 or to payments made by direct debit.
2.5.3 You can also pay by bank transfer before travelling. To do this, the organiser requires the first and last name, full address, telephone number and e-mail address of the person making the booking
2.5.4 We offer payment via the payment service provider PayPal as an additional payment method . For payment methods other than - for SEPA basic direct debits, SEPA corporate direct debits, SEPA credit transfers and payment cards, the tour operator is entitled to charge the customer as additional fees for costs incurred by the customer as a result of the customer's selection of this payment method . The amount of the additional fees will be displayed during the ordering process.
2.6 Deleted
2.7 Changes to the agreed payment method can only be made up to 6 weeks before the start of the trip and only for outstanding payments.
2.8 If you have not received the travel plan (in the case of ticketless travel) or, in exceptional cases, the travel documents at least 4 days before the start of your trip, please contact us immediately. For short-term bookings or changes to the trip from 14 days before departure, you will receive an itinerary via the same route as for longer-term bookings. In your own interest, we ask you to carefully check the travel plan (in the case of ticketless travel) or the travel documents upon receipt.
2.9 If due payments are not made or are not made in full and you do not pay even after a reminder with a grace deadline, the organiser may withdraw from the respective contract, unless there is already a significant travel defect at this time. In the event of withdrawal from the package travel contract within the meaning of the previous sentence, the organiser may demand cancellation fees in accordance with clause 7 as compensation. If you do not make payments despite the due date, the organiser also reserves the right to charge a reminder fee of € 1.50 for the second reminder. You are at liberty to provide proof of unincurred or significantly lower costs.
2.10 Costs for ancillary services such as obtaining visas etc. are not included in the travel price, unless expressly stated in the service description.
3 Services, prices
3.1 Which services are contractually agreed can be found in the service descriptions (e.g. internet, catalogue, flyer) and the information referred to in the confirmation (cf. section 1.1 sentence 2). Prior to the conclusion of the contract, the organiser may make changes to the service descriptions at any time, of which the traveller will of course be informed before booking.
3.2 Operating air carrier/Community list
In accordance with Regulation (EC) 2111/2005 of 14.12.2005, the organiser is obliged to inform you of the identity of the operating air carrier(s) at the time of booking. If an operating air carrier has not yet been determined at the time of booking, you must first be informed of the identity of the air carrier(s) likely to operate. As soon as the identity is finally established, you will be informed accordingly. In the event of a change of operating air carrier after booking, you must be informed of the change as soon as possible. The list of air carriers subject to an operating ban in the EU ("Community List") can be found under www.lba.de > Frequently Searched > Banned Airlines.
3.3 Carriage by air
The organiser would like to point out that direct flights may be subject to stopovers for flight and programme reasons. It is strongly recommended that money, valuables, technical equipment and medication be carried exclusively in hand luggage.
3.4 Special requests, individual travel arrangements
3.4.1 The Organiser will endeavour to meet your request for special services that are not advertised in the service description (clause 3.1), e.g. rooms adjacent to each other or rooms in a certain location.
3.4.2 A fee of a maximum of € 50 per traveller per week will be charged for the processing of individual trips that deviate from the respective service description.
3.4.3 repealed
3.4.4 In the case of flight and/or hotel rebookings requested by travellers in the destination area, the organiser reserves the right to charge a reasonable processing fee per person in addition to any additional costs that may arise.
3.4.5 Pets are only permitted in cases where the service description expressly permits this.
3.4.6 Please note that only identical catering services can be booked within a residential unit. This also applies to accompanying children.
3.5 Extension of the trip
If you would like to stay longer at your holiday destination, please contact your tour guide or the local representative of the tour operator as early as possible. We will be happy to extend your stay if appropriate accommodation and repatriation options are available. The costs for an extension are to be paid immediately on site upon our request. Please note the fare conditions associated with your return journey as well as the period of validity of any travel insurance and any visas that may be required.3.6 Tour Guide, Assistance
For the trips offered, you will be looked after on site; in most holiday areas by tour guides of the tour operator or by local representatives of the tour operator (e.g. landlords of holiday apartments). Otherwise, you can find contact details in your itinerary (if you travel without a ticket), in your travel documents or on www.zrce.de.
In case of complaints, please note the special information under section 13.7.2.
4 Special information for holiday apartments, holiday homes and campers
4.1 Consumption-related ancillary costs or those for additional services requested by you are generally not included in the travel price. Unless otherwise stated in the specification, they are to be paid directly on the spot.
4.2 The apartment/holiday home/camper may only be occupied by the number of adults and children specified in the service description and listed in the confirmation.4.3 The indicated arrival and departure dates are binding.
4.4 When handing over the keys, a reasonable amount (deposit) may be requested as security for any damage or consumption-related additional costs to be paid on site. The refund or offsetting will be made if the accommodation unit and the inventory have been returned cleaned in a proper condition at the end of the stay.
5 Reductions for children
5.1 The age of the child at the start of the journey is decisive. Regardless of this, each accompanying child and their age must be indicated at the time of booking.
5.2 The scope of the children's discounts can be found in the respective service description.
5.3 In the event of incorrect age information, the organiser is entitled to charge any differences to the correct travel price plus a processing fee of € 50. You are at liberty to provide proof of non-incurred or significantly lower processing costs.
6 Service and Price Changes
6.1 Changes to essential travel services compared to the agreed content of the package travel contract, which become necessary after the conclusion of the contract and have not been brought about by the tour operator against good faith, are only permitted insofar as they are not significant and do not impair the overall design of the booked trip. Any warranty claims remain unaffected, in particular insofar as the modified services are defective. The organiser is obliged to inform the customer of any significant changes in services immediately after becoming aware of the reason for the change. If necessary, he will offer the customer a free rebooking or a free withdrawal.
6.2 In the case of voyages, the captain alone decides on any necessary changes to the sailing time and/or routes, for example for safety or weather reasons.
6.3 The organiser reserves the right to change the travel price agreed in the package travel contract in the event of an increase in transport costs or charges for certain services, such as port or airport fees, after conclusion of the contract as follows.
6.3.1 If the transport costs existing at the time of conclusion of the package travel contract, in particular the fuel costs, increase, the organiser may increase the travel price in accordance with the following calculation:
a) In the case of an increase in relation to the seat, the organiser may demand the amount of the increase from the passenger.
(b) In other cases, the additional transport costs charged by the carrier per mode of transport shall be divided by the number of seats on the agreed means of transport. The organiser may demand the resulting increase for the single seat from the traveller.
6.3.2 If the charges existing at the time of conclusion of the package travel contract, such as port or airport fees, are increased vis-à-vis the organiser, the travel price may be increased by the corresponding, proportionate amount.
6.3.3 An increase in accordance with clauses 6.3.1/6.3.2 is only permissible if there are more than 4 months between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase did not occur before the conclusion of the contract and were not foreseeable by the organiser.
6.3.4 In the event of a subsequent change in the travel price, the organiser must inform the traveller immediately. Price increases from the 20th day before the start of the trip are ineffective. In the event of price increases of more than 8%, the traveller is entitled to withdraw from the package travel contract without fees or to request participation in a trip of at least equal value, if the organiser is able to offer such a trip from its offer at no extra cost to the traveller. The reciprocal rights and obligations referred to in this paragraph shall also apply in the event of a permissible change to an essential travel service.6.3.5 The Traveller shall assert these rights against the Organiser immediately after the organiser has declared the price increase or change in the travel service.
7 Cancellation by the traveller before the start of the trip/cancellation fees
7.1 You can withdraw from the trip at any time before the start of the trip. The decisive factor is the receipt of the declaration of withdrawal by the organiser (addresses see above under section 1). You are advised to withdraw in writing.
7.2 If you withdraw from the trip or if you do not start the trip, the organizer loses the right to the travel price. Instead, if the organiser is not responsible for the cancellation or non-commencement of the trip and there is no case of force majeure, the organiser may demand appropriate compensation depending on the respective travel price for the travel arrangements made up to the withdrawal/non-commencement and its expenses (cancellation fees). These cancellation fees are calculated in clause 7.5 as a percentage of the travel price, taking into account the proximity of the time of cancellation to the contractually agreed start of the trip. Usually saved expenses and the usual possible use of the travel services for other purposes are taken into account.
7.3 Cancellation fees are also payable if a participant does not arrive at the respective departure airport or place of departure in time for the times specified in the travel documents or if the trip is not started due to a lack of travel documents, such as passport or necessary visas, for which the organizer is not responsible.
7.4 You are at liberty to provide proof that no costs have been incurred in connection with the cancellation or non-commencement of the trip or that costs are significantly lower than those shown by the organiser in the lump sum to be applied in the individual case (see section 7.5 below). The organiser reserves the right to demand a higher, specific compensation in deviation from the lump sums listed in section 7.5.1. In this case, he is obliged to specifically quantify and substantiate the compensation claimed, taking into account the expenses saved and any other use of the travel services.
7.5 The flat-rate entitlement to cancellation fees is usually per person/per accommodation unit in the event of cancellations:
7.5.1 Standard Fees:
Accommodation “Noa Glamping Resort”:
Cancellation is not possible free of charge. A postponement or name change of the booking is possible after consultation.
All other accommodations:
up to 10 weeks before departure: 25 %
up to 8 weeks before departure: 50 %
up to 7 week before departure: 100 %
7.5.2 In the case of travel services that are merely arranged, in particular in the case of admission tickets, the cancellation conditions of the respective provider apply, which will be communicated to you at the time of booking.
7.6 If you have put together several services with individual prices (e.g. flight and round trip), the cancellation fees for these must be determined individually and then added together.
8 Rebooking, substitute person
8.1 At your request, the organiser will amend the confirmation (rebooking) up to the 31st day before the start of the trip, as far as practicable. Rebooking includes, for example, changes to the date of travel, destination, place of departure, accommodation or transportation. A separate fee of € 50 per person will be charged. Additional costs incurred by service providers (e.g. airlines) will be charged separately. Therefore, please also pay attention to the correct spelling of your name.
In addition, the following applies:
In the event of a change in transportation, accommodation (except for changes within the booked accommodation) or travel date, the travel price for the changed services will be completely recalculated on the basis of the prices and conditions then in force.
In the event of a change within the booked accommodation (e.g. change in the room category, the type of board or the room occupancy of the booked room), the price for the changed services will be redetermined on the basis of the prices and conditions on which the booking was previously based. Changes after the above-mentioned deadlines as well as changes beyond the period of validity of the service description on which the booking is based (clause 3.1) can only be made after withdrawal from the package travel contract under the conditions set out in clause 7.5 with simultaneous re-registration.
8.2 Until the start of the journey, the traveller may request that a third party take over his rights and obligations under the package travel contract. To do so, it is necessary to notify the organizer.
The latter may object to the entry of the third party in place of the traveller if the third party does not meet the special travel requirements or if his or her participation is contrary to statutory provisions or official orders.
If a third party takes the place of the registered participant, the organizer is entitled to charge a lump sum of € 20 for the processing costs incurred by the substitute person. Additional costs incurred by service providers (e.g. airlines) will be charged separately. You are at liberty to provide proof of costs that have not been incurred or significantly lower costs with the entry of the third party.
The registered participant and the substitute person are jointly and severally liable for the travel price and the costs incurred as a substitute person.
9 Travel insurance
The organiser recommends that you take out a comprehensive travel insurance package, in particular including travel cancellation insurance (which must also be booked separately) as well as insurance to cover repatriation costs in the event of an accident or illness.
10 Withdrawal and Termination by the Tour Operator
10.1 The Organiser may terminate the Package Travel Contract without notice if the Traveller permanently disrupts the performance of the trip despite a corresponding warning by the Organiser. The same applies if a traveller behaves in breach of contract in such a way that the immediate cancellation of the contract is justified. However, the organizer retains the right to the travel price. Any additional costs for the return transport shall be borne by the disturber himself.
However, the organiser must take into account the value of saved expenses as well as those benefits that are obtained from a different use of unused services, including any reimbursements by service providers.
10.2 The Tour Operator may withdraw from the contract prior to the start of the trip in the following cases:
- fewer people have registered for the package than the minimum number of participants specified in the contract; in this case, the tour operator must declare the withdrawal within the period specified in the contract, but no later than
- 20 days before the start of the trip for a trip duration of more than six days,
- seven days before the start of the trip for a minimum of two days and a maximum of six days,
- 48 hours before the start of the trip for a trip of less than two days,
- the tour operator is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; in this case, he/she must declare his/her withdrawal immediately after becoming aware of the reason for withdrawal.
Of course, the organizer will inform you if it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached. The declaration of withdrawal will be forwarded to the traveller immediately. You will then receive a refund of the travel price paid immediately, at the latest within 14 days .
10.3 In cases in which the Tour Operator may refuse to remedy the situation (Section 651k (1) sentence 2 of the German Civil Code (BGB)), if the travel defect affects a significant part of the travel services, the Tour Operator must remedy the situation by providing appropriate compensation (Section 651k (3) of the German Civil Code). A reduction in the value of the services, i.e. if the substitute service is not equivalent, must be compensated by the tour operator in money (reduction of the travel price). If the traveller justifiably rejects the compensation, he or she can interrupt the trip and assert the legal consequences of the cancellation without the need for a declaration of termination, or claim a reduction and damages if the trip continues.
11 Extraordinary circumstances, force majeure
11.1 With regard to the termination of the package travel contract in cases of force majeure, we refer to § 651h of the German Civil Code (BGB), according to which the tour operator shall not demand compensation if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity that significantly affect the performance of the package tour or the transport of persons to the destination. Circumstances are unavoidable and extraordinary within the meaning of this subtitle if they are not within the control of the party relying on them and their consequences could not have been avoided even if all reasonable precautions had been taken.
11.2 Travel advice from the Federal Foreign Office can be obtained on the Internet under "www.auswaertiges-amt.de" and by calling (030) 5000-2000.
12 Notification of defects, remedy, reduction, termination
12.1 If a travel service is not provided or is not provided in accordance with the contract, the traveller may demand remedy. The request for remedy must be addressed to the tour operator and the declaration must include the description of the defect and the request to remedy it. The organiser may refuse the remedy if remedy is impossible (§ 651k para. 1 no. 1 BGB) or if disproportionate costs are associated with taking into account the travel defect and the value of the travel service concerned (§ 651k para. 1 no. 2 BGB). 12.2 The traveller may demand a reduction of the travel price if travel services have not been provided in accordance with the contract and he has not culpably omitted to report the defect immediately (without culpable delay).
12.3 If a trip is significantly impaired as a result of a defect and the organiser fails to remedy the situation within a reasonable period of time, the traveller may, within the framework of the statutory provisions, terminate the package travel contract – in his own interest and for reasons of preservation of evidence, it is recommended that it be in writing.
The same applies if the traveller cannot reasonably be expected to travel due to a defect for an important reason that is recognisable to the organiser.
It is only not necessary to set a time limit for remedy if remedy is impossible or is refused by the organiser or if immediate remedy is required .
If the contract is subsequently terminated, the passenger retains the right to repatriation. He owes the organiser only the part of the travel price attributable to the services used, insofar as these services were of interest to him.
13 Liability
13.1 In the event of a defect, the traveller may claim damages without prejudice to the reduction of the travel price (reduction) or termination, unless the defect of the trip is due to a circumstance for which the organiser is not responsible. He can also claim damages for uselessly spent vacation time if the trip has been thwarted or significantly impaired.
13.2 Contractual claims for damages
The contractual liability of the organizer for damages that are not bodily injury is limited to three times the travel price,
a) insofar as damage to the traveller is not caused intentionally or through gross negligence by the organiser, or
b) insofar as the organiser is responsible for damage incurred by the traveller solely due to the fault of a service provider.
13.3 Tortious Claims for Damages
For all claims for damages against the Organiser arising from tort which are not based on intent or gross negligence, liability for property damage is limited to the amount of three times the travel price.
These maximum liability amounts apply per traveller and trip. Any further claims under the Montreal Convention or the Aviation Act remain unaffected by the restriction.
13.4 The organiser shall not be liable for disruptions in performance, personal injury and damage to property in connection with services that are merely arranged as third-party services (e.g. excursions, sporting events, theatre visits, exhibitions, transport services to and from the advertised point of departure and destination) if these services are expressly described as third-party services in the travel description and the booking confirmation, stating the contractual partner are so clearly marked that they are not part of the tour operator's travel service in a way that is recognisable to the traveller.
However, the organizer is liable
13.4.1 for services which include the carriage of customers from the advertised point of departure of the journey to the advertised destination, intermediate carriage during the journey and accommodation during the journey, and
13.4.2 if and to the extent that the Organiser's breach of the organiser's obligations to provide information, information or organisation has caused damage to the Customer.
13.5 You are responsible for your participation in sports and other holiday activities . Sports facilities, equipment and vehicles should be checked before using them. For accidents that occur during sporting events and other holiday activities, the organizer is only liable if he is at fault. The organizer recommends that you take out accident insurance.
13.6 To the extent specified in the service descriptions (clause 3.1), your itinerary (in the case of ticketless travel) or Your travel documents, tickets from external carriers. Carriage is carried out on the basis of the terms and conditions of the respective carrier, which will be made available on request.
The rights and obligations of the organiser and the travellers under the law on package travel contracts and these detailed terms and conditions of travel are not restricted by the terms and conditions of the respective carrier.
Each traveller is responsible for his or her own timely arrival at the departure airport, unless a delay is due to an intentional or grossly negligent breach of duty on the part of the organiser.
13.7 Obligation to cooperate, complaints
13.7.1 In the event of disruptions to services within the framework of the statutory provisions, each traveller is obliged to cooperate with any other incidents. To prevent or minimise damage.
13.7.2 If, contrary to expectations, you have reason to complain, you must inform the Tour Operator immediately on the spot and demand remedy. Our tour guide within the meaning of section 3.6 sentence 1 or the contact person within the meaning of section 3.6 sentence 2 is also entitled to receive these declarations.
Is the tour guide or If your contact person cannot be reached, please contact the service provider (e.g. transfer company, hotelier, ship management) or the organiser or his local representative. The necessary telephone and fax numbers as well as e-mail addresses can be found in your travel plan (in the case of ticketless travel) or in your travel documents, in the service description (section 3.1) or on www.zrce.de.
In the event of damage or delays in the delivery of baggage and goods during air travel, the organiser strongly recommends that they be repaired on the spot without delay, but no later than 7 days after the discovery of the damage to baggage, in the case of goods within 14 days from the date of acceptance, in the event of a delay no later than 21 days after the baggage or goods have been made available to the passenger, by means of a damage report (P.I.R.) of the responsible airline. Airlines usually refuse refunds if the claim form has not been completed.
In all other respects, the loss, damage or misdirection of baggage must be reported to the tour guide or the local representative of the organiser.
Insofar as warranty rights under §§ 651 i to n BGB are asserted for this reason, the deadlines according to Section 14.1 apply. In the event of complaints, guests of holiday homes/houses/apartments must immediately request remedy from the contact person specified in the itinerary (in the case of ticketless travel) or in the travel documents. If this does not work, please contact the nearest station of the tour guide or the local representative of the tour operator.
If the traveller culpably fails to report a defect that has occurred immediately, there will be no reduction in the travel price.
13.7.3 Tour Guides are not entitled to acknowledge any claims.
13.8 Online Dispute ResolutionThe European Commission provides, among other ec.europa.eu/consumers/odr/ things, a platform for the online resolution of consumer disputes. The Promoter does not currently participate in this voluntary alternative dispute resolution process and is under no obligation to do so.
14 Deadlines, addressees, statute of limitations and assignment
14.1 Claims due to non-contractual provision of the trip (§§ 651i to 651n BGB) must be asserted against the organiser no later than within one month after the contractually stipulated termination of the trip.Excluded from this are claims under § 280 (1), § 311, § 241 BGB or tortious as well as enrichment claims. In your own interest, the claim should be made in writing.
After the expiry of the deadline, the traveller can only assert claims if he or she was prevented from meeting the deadline through no fault of his/her own. The day of the end of the trip is not included in the calculation of the one-month period.
For the notification of damage to baggage, delays in the delivery of baggage or loss of baggage, see section 13.7.2.
14.2 Statute of Limitations
14.2.1 Claims of the traveller according to §§ 651i to 651n BGB arising from injury to life, body or health, which are based on an intentional or negligent breach of duty by the organiser or a legal representative or vicarious agent of the organiser, shall become statute-barred after two years.
This also applies to claims for compensation for other damages based on an intentional or grossly negligent breach of duty on the part of the organiser or a legal representative or vicarious agent of the organiser.
14.2.2 All other claims pursuant to §§ 651i to 651nBGB shall become time-barred in one year.
14.2.3 The limitation period referred to in paragraphs 14.2.1 and 14.2.2 above shall commence on the day following the day on which the contractual journey ends.
14.2.4 Claims arising from tort shall become time-barred after three years.
14.2.5 If negotiations are pending between the Traveller and the Organiser regarding the claim or the circumstances giving rise to the claim, the limitation period shall be suspended until the Traveller or the Organiser refuses to continue the negotiations. The statute of limitations shall commence at the earliest three months after the end of the suspension.
14.3 The assignment of claims against the Organiser is excluded. This does not apply to accompanying family members or passengers in a jointly registered group.
15 Passport, Visa, Customs, Foreign Exchange and Health Regulations
15.1 The Organiser will inform nationals of the EU Member State in which the tour is offered about passport, visa and health regulations as well as any changes thereto before the start of the trip. Nationals of other countries should check with their embassies/consulates.
15.2 The Organiser shall not be liable for the timely issuance and receipt of the necessary visas by the respective diplomatic mission if you have instructed him to obtain them, unless the Organiser is responsible for the delay. In order to obtain visas etc. from the competent authorities, you must expect an approximate period of about 8 weeks.
15.3 The Traveller is responsible for complying with all regulations that are important for the performance of the trip. All disadvantages, in particular the payment of cancellation costs arising from non-compliance with these regulations, shall be borne by the organizer, except if they are caused by culpable misinformation or non-information on the part of the organizer.
15.4 Please refer to the terms of reference (clause 3.1) to find out whether a passport is required for your journey or whether an identity card is sufficient, and please ensure that your passport or identity card has a sufficient period of validity for the trip. Children need their own travel documents.
15.5 Customs and foreign exchange regulations are handled very strictly in various countries. Please inform yourself carefully and follow the regulations by all means.
15.6 Certain vaccination certificates are required by various countries, which must not be younger than 8 days and not older than 3 years (smallpox) or 10 years (yellow fever). Such vaccination certificates must also be presented to German authorities if you are returning from certain countries (e.g. Africa, the Middle East).
16 General
The invalidity of individual provisions of the package travel contract does not result in the invalidity of the entire package travel contract. The same applies to these travel conditions.
Last updated: 15.02.2024