Terms and Conditions
Travel conditions of the company Touristic Service Reisebüro und Flugreisen GmbH for bookings from 01.07.2018
Dear customers and travellers,
the following conditions, insofar as effectively agreed, constitute the content of the travel package contract between the customer and Touristic Service Reisebüro und Flugreisen GmbH, hereinafter abbreviated to “TS”, for contracts concluded from 01.07.2018. They supplement the legal regulations of §§ 651a - y BGB (Civil Code) and articles 250 and 252 of EGBGB (Introductory Act to the Civil Code) and extend them. Please therefore read these travel conditions carefully be-fore your booking!
1. Concluding the holiday package contract, obligations of the cus-tomer
1.1. The following applies to all booking channels:
- a) The basis of the offer by TS and the booking by the customer are the travel confirmation and the supplementary information from TS for the re-spective journey, as stated to the customer upon booking.
- b) Travel agents and booking offices are not authorised by TS to con-clude agreements, provide information or make assurances that deviate from the agreed content of the travel package contract, which go beyond the travel confirmation and services contractually agreed by TS, or do not comply with them.
- c) Specifications in hotel guides and similar indexes that are not issued by TS are non-binding for TS and the service obligations of TS, insofar as they have not been made the content of the service obligation by TS through explicit agreement with the customer.
- d) If the content of the travel confirmation by TS deviates from the content of the booking, it represents a new offer by TS to which TS is bound for the duration of 10 days. The contract comes into being on the basis of this new offer, if TS has pointed out the change and has fulfilled their precontractual information duties and the customer has made an explicit declaration of acceptance or deposit payment to TS within the binding period.
- e) The precontractual information stated by TS regarding the relevant specifi-cations of the travel services, travel price and all additional costs, the pay-ment terms, the minimum participant number and the cancellation fees (ac-cording to Article 250 § 3 Number 1, 3 to 5 and 7 EGBGB) only do not be-come part of the holiday package contract if agreed explicitly between the parties.
- f) The customer is liable for all contractual obligations of the travel parties for whom the booking is made, as well as for their own, if a corresponding obli-gation has been undertaken through an explicit and separate declaration.
1.2. For a booking made by spoken agreement, by telephone, in writing, by e-mail or telefax, the following applies:
- a) With the booking, the customer is offering TS the binding agreement to the travel package contract. The customer is bound to the booking for 5 working days.
- b) The contract comes into being with the issuing of the travel confirmation (acceptance declaration) by TS. Upon or immediately following the contract conclusion, TS will transmit to the customer a travel confirmation correspond-ing to the legal regulations for its content on a durable data carrier (which allows the customer to keep or store the declaration unchanged, allowing access for a suitable time period, e.g. on paper or by e-mail), if the traveller does not have a right to a travel confirmation in paper form in accordance with Art. 250 § 6 Par. (1) Line 2 EGBGB, because the contract agreement was made in the mutual physical presence of both parties or outside of office space.
1.3. For bookings through electronic business correspondence (e.g. Inter-net, app, teleservices) the following applies to the contract agreement:
- a) The procedure of the electronic booking is explained by TS to the customer in the respective application.
- b) A suitable correction option, the use of which is explained, is available to the customer for the correction of their entries, deletion or revision of the whole booking form.
- c) The contract languages offered for carrying out the online booking are indicated. Exclusively the German language is legally determining.
- d) If the contract text is stored by TS in the online booking system, the customer is informed about it and about the possibility of later retrieval of the contract text.
- e) By activating the button “payable booking”, the customer offers TS the binding confirmation of the travel package contract. The customer is bound to this contract offer for 5 working days from sending the electronic confirmation.
- f) The receipt of the booking is confirmed immediately to the customer elec-tronically.
- g) The transmission of the booking by activation the button “payable booking” does not constitute a customer entitlement to the conclusion of a travel package contract according to the booking specifications. TS is free to decide whether to accept the customer contract offer or not.
- h) The contract comes into being through the receipt of the TS travel con-firmation by the customer.
- i) If the travel confirmation is immediately after the customer undertakes the booking by activating the button “payable booking”, through the correspond-ing immediate presentation of the travel confirmation on the display (booking in real time), the travel package contract comes into being with the access to and presentation of this travel confirmation on the customer’s display, without requiring an intermediate notification of the receipt of the booking according to f), if the customer is offered the possibility of storage on a durable data carrier and to print the travel confirmation. However, the binding nature of the holiday package contract is not dependent on the customer actually using these storage or printing options. In addition, TS will issue a copy of the travel confirmation in text form to the customer.
1.4. TS points out that in accordance with legal regulations (§§ 312 Par. 7, 312g Par. 2 Line 1 No. 9 BGB) for travel package contracts according to § 651a and § 651c BGB that have been concluded by long-distance transac-tions (letters, catalogues, telephone calls, telecopies, e-mails, wireless messages (SMS), teleservices and online services), there is no right of revoca-tion, only the legal withdrawal and cancellation rights, especially the with-drawal right according to § 651h BGB (see also clause 5). There is, however, a right of revocation of the contract for travel services concluded outside of business premises in accordance with § 651a BGB, unless the spoken nego-tiations the contract conclusion is based on were carried out following a previous order by the consumer; in the latter case there is no right of revocation.
2. 2. Payment
2.1. TS and travel agents may only request or accept payments of the travel price before the end of the journey if there is an effective customer secured payment contract and the customer has been issued the secured payment certificate with the name and contact details of the customer payment securer in a clear, understandable and emphasised manner. After contract agree-ment, upon issuing of the secure payment certificate, a deposit amounting to 25% of the travel price is due for payment. The balance is due 35 days before the start of travel, if the security certificate has been handed over and the journey can no longer be cancelled for the reason stated in clause 8. For bookings less than 35 days before departure, the total travel cost is payable immediately.
2.2. If the customer does not make the deposit or balance payment according to the agreed payment terms, even though TS is ready and able to fulfil the contracted services duly, has fulfilled their legal information obligations and there is no legal or contractual right of retention for the customer, TS is enti-tled to withdraw from the travel package contract after issuing a reminder with a deadline and to charge the customer withdrawal costs according to clause 5.
3. Changes to contract content before commencement of journey that do not affect the travel price
3.1. Deviations of relevant travel service specifications from the agreed con-tent of the travel package contract that become necessary after concluding the contract and were not caused by TS in breach of good faith are permitted to TS before the start of travel if the deviations are not significant and do not compromise the overall travel arrangements.
3.2. TS is obliged to inform the customer about service changes without delay after establishing the change, on a durable data carrier (e.g. also via e-mail, SMS or voice message) in a clear, understandable and emphasised manner.
3.3. In case of a significant change to an essential specific property of a travel service or deviation from the specifications of the customer that have become the content of the travel package contract, the customer is entitled, within an appropriate time period set by TS together with the notification of the change, to either accept the change or to withdraw from the travel package contract free of charge. If the customer does not explicitly declare to TS withdrawal from the travel package contract within the deadline set by TS, the change is considered as accepted.
3.4. Any warranty claims remain unaffected if the changed services have deficiencies. If TS had lower costs for carrying out the changed journey or any offered replacement journey with specifications of equal value at the same price, the customer must reimburse the difference in accordance with § 651m Par. 2 BGB.
4. Price increase; price reduction
4.1. TS reserves the right, in accordance with § 651f, 651g BGB and the following regulations, to increase the travel price agreed in the travel package contract in case of
- a) A price increase for transporting persons owing to higher costs for fuel or other energy sources
- b) An increase in taxes and other dues for agreed travel services, such as tourist taxes, port or airport fees, or
- c) A change in the exchange rates applicable to the travel package has a direct effect on the travel price.
4.2. An increase in the travel price is only permissible if TS informs the travel-ler in text form clearly and understandably about the price increase and the reasons for it and notifies the calculation of the price increase.
4.3. The price increase is calculated as follows:
- a) For an increase in the price for transporting persons according to clause 4.1. a), TS can increase the travel price according to the following calculation:
- For an increase relating to a seating place, TS can request the increase amount from the customer.
- Otherwise the additional transport charges requested by the transport company per means of transport are divided by the number of seats of the agreed means of transport. TS can request the resulting increase amount for the individual seat from the customer.
- b) In case of an increase in taxes and other dues according to clause 4.1.b), the travel price can be increased by the corresponding proportional sum.
- c) In case of an exchange rate increase according to clause 4.1.c), the travel price can be increased by the sum of the price increase of the journey for TS.
4.4. TS is obliged to grant the customer/traveller a reduction of the travel price upon request if and insofar as the prices, dues or exchange rates stated in clause 4.1 a)-c) have changed after contract agreement and before travel commencement leading to lower costs for TS. If the customer/traveller has paid more than the amount due accordingly, the excess sum is to be reim-bursed by TS. However, TS may deduct from the reimbursable amount the administrative costs actually incurred to TS. TS must verify upon request by the customer/traveller the extent of the administrative fees.
4.5. Price increases are only permissible up to the 20th day (receipt by customer) before travel commencement.
4.6. For price increases of more than 8%, the customer is entitled, within a time period specified by TS together with the notification of the price increase, to either accept the change or to withdraw from the travel package contract free of charge. If the customer does not explicitly declare to TS withdrawal from the travel package contract within the deadline set by TS, the change is considered as accepted.
5. Cancellation by customer before arrival day/cancellation fees
5.1. The customer can withdraw from the travel package contract at any time before travel commencement. The withdrawal must be declared to TS at the address stated above/below. If the travel was booked via a travel agent, the withdrawal can also be declared to the agent. It is recommended to the customer to declare the withdrawal in writing.
5.2. If the customer withdraws before travel commencement or decides not to travel, TS loses the entitlement to the travel price. Instead, TS can request an appropriate compensation, if the withdrawal is not attributable to TS or unav-oidable exceptional circumstances occur at the specified location or its im-mediate vicinity that significantly compromise the carrying out of the travel package or the transport of persons to the specified location; circumstances are unavoidable and exceptional if they are out of the control of DS and their consequences could not have been avoided even if all feasible measures had been taken.
5.3. TS has set out the following compensation fees under consideration of the period between the withdrawal declaration and travel commencement, as well as under consideration of the expected saving of expenses and expected revenue through use of the travel services elsewhere. The compensation is calculated from the time of receipt of the withdrawal declaration as follows according to the respective cancellation scale:
- a) Flight packages with scheduled or charter flights and journeys that do not come under the following clauses b) and c)
- up to 31st day before travel commencement 25 %
- from 30th day before travel commencement 40 %
- from 22nd day before travel commencement 50 %
- from 15th day before travel commencement 70 %
- from 8th day before travel commencement 85 %
- from 2nd day before travel commencement up to day of travel commence-ment or for no-show 95 % of travel price;
- b) Self-arranged arrival, holiday apartments and houses / apartments; bus and train arrival
- up to 46th day before travel commencement 25 %
- from 45th day before travel commencement 50 %
- from 35th day before travel commencement 85 %
- from 2nd day before travel commencement up to day of travel commence-ment or for no-show 95 % of travel price;
- c) Boat trips/river cruises
- up to 31st day before travel commencement 20 %
- from 30th day before travel commencement 35 %
- from 22th day before travel commencement 50 %
- from 15th day before travel commencement 75 %
5.4. In any case the customer remains free to prove to TS that no or a signifi-cantly lower damage has been incurred to TS than the compensation fee requested by TS.
5.5. TS retains the right, instead of the stated fees, to demand a higher spe-cific compensation if TS proves that significantly higher costs have been incurred to TS than the applicable fee. In this case TS is obliged to verify and provide concrete figures for the requested compensation, under consideration of the saved expenses and any other use of the travel services.
5.6. If TS is obliged to reimburse the travel price following a withdrawal, TS must complete this without delay but in any case within 14 days of receipt of the withdrawal declaration.
5.7. The legal right of the customer to request from TS through notification on a durable data carrier, according to § 651 e BGB, that a third party enters into the rights and duties of the travel package contract instead remains unaffec-ted by the aforementioned conditions. Such a declaration is in any case on time if received by TS 7 days before travel commencement.
5.8. The arrangement of a travel cancellation insurance as well as an insurance to cover repatriation costs in the event of an accident or illness is urgently recommended.
6. Booking changes
6.1. There is no customer entitlement after contract agreement to changes regarding the travel date, travel destination, location of travel commence-ment, accommodation, type of catering, type of transport or other services (booking changes).
This does not apply if the booking change is required because TS has pro-vided no, inadequate or incorrect precontractual information to the traveller according to Art. 250 § 3 EGBGB. In this case, the booking change is pos-sible free of charge. If a booking change is undertaken upon the wish of the customer in other cases, TS can charge a rebooking fee from the customer per traveller affected by the booking change. If nothing other is agreed in individual cases before agreeing to the booking change, the rebooking fee up to the time of the start of the second cancellation scale of the respective type of travel according to the aforementioned regulation in clause 5 amounts to € 50 per affected person.
6.2. Booking change wishes by the customer later than 45 days before travel commencement can, insofar as it is possible at all to implement them, only be carried out after withdrawal from the travel package contract according to clause 5 under the conditions of the concurrent new booking. This does not apply to rebooking wishes that cause only minimal costs.
7. Unused service
If the traveller does not make use of individual travel services that TS was ready and able to provide according to the contract, for reasons attributable to the traveller, there is no entitlement to proportionate reimbursement of the travel price, if such reasons would not have entitled the traveller to free withdrawal or termination of the travel contract according to legal regulations. TS will take care of reimbursement of the saved expenses by the service providers. This obligation is not applicable if the services are totally insignifi-cant.
8. Cancellation due to minimum participant number not being reached
8.1. If the minimum participant number is not reached, TS can withdraw in accordance with the following regulations:
- a) The minimum participant number and the latest date for the customer receiving the cancellation declaration from TS must be stated in the respec-tive precontractual instructions.
- b) TS must state the minimum participant number and the latest cancellation date in the travel confirmation.
- c) TS is obliged to announce the cancellation of the journey to the customer without delay when it has been established that it will not be carried out due to the minimum participant number not being reached.
- d) A cancellation by TS later than 35 days before travel commencement is not permissible.
8.2. If the travelling is not carried out for this reason, the customer is reim-bursed any payments made towards the travel price. Clause 5.6 applies accordingly.
9. Termination for behaviour-related reasons
9.1. TS can terminate the travel package contract without notice if the traveller displays ongoing disturbing behaviour despite a warning by TS or if they behave in violation of the contract to such an extent that the immediate termination of the contract is justified. This does not apply if the contract-violating behaviour is due to an infringement of information obligations by TS.
9.2. If TS terminates, TS retains an entitlement to the travel price; however, TS must allow for the value of the saved expenses as well as the advantages TS gains from an alternative use of the unused services, including the sums credited by the service providers.
10. Obligations of the customer/traveller
10.1. Travel documents
The customer must inform TS or their travel agent via whom the travel pack-age was booked if the necessary travel documents (e.g. flight ticket, hotel voucher) have not been received within the time period stated by TS.
10.2. Notice of deficiencies / compensation claims
- a) If the travelling is not provided free of travel deficiencies, the traveller can demand compensation.
- b) If TS could not provide compensation due to a culpable neglection of the deficiency notice by the traveller, the traveller cannot make reduction claims according to § 651m BGB nor damage compensation claims according to § 651n BGB.
- c) The traveller is obliged to notify the local TS representative of the defi-ciency without delay. If there is no local TS representative present, any travel deficiencies must be notified to TS at the indicated TS contact point. Informa-tion is provided on the travel confirmation about the availability of the TS representative or the local contact point. However, the traveller can also notify the deficiency to their travel agent through whom the travel package was booked.
- d) The TS representative is appointed to provide compensation insofar as this is possible. However, he or she is not authorised to acknowledge claims.
10.3. Termination notice
If the customer/traveller wants to terminate the travel package contract due to a travel deficiency of the kind stated in § 651i Par (2) BGB, if it is significant, in accordance with § 651l BGB, they must previously set an appropriate deadline for compensation by TS. This does not apply only if the compensa-tion has been declined by TS or if immediate compensation is necessary.
10.4. Baggage damage and baggage delay for flights; special rules & deadlines for compensation claims
- a) It is pointed out to the traveller that loss, damage and delay to luggage in connection with flight journeys are to be notified directly at the location to the responsible flight operator by means of Property Irregularity Report (P.I.R.), in accordance with aviation regulations. Airlines and TS can decline compensa-tion on the basis of international agreements if the P.I.R. has not been filled in. The P.I.R. for luggage damage must be submitted within 7 days, for lug-gage delays within 21 days after issuing.
- b) In addition, the loss, damage or misdirection of travel luggage must be notified without delay to TS, its representative or its contact point, or the travel agent. This does not release the traveller from submitting the P.I.R. to the flight operator in accordance with point a) within the stated deadlines.
11. Special customer responsibilities for packages with medical ser-vices, spa treatments, wellness options
11.1. For packages that contain medical services, spa treatments, wellness options or comparable services, it is the responsibility of the customer to inform themselves prior to booking, travel commencement and use of the services whether the respective treatment or services are suitable for him or her, under consideration of personal disposition, especially any existing complaints or illnesses.
11.2. Without explicit agreement, TS does not owe any special clarification or instruction about the consequences, risks and side effects of such services in relation to the respective customer.
11.3. These conditions apply independently of whether TS is only the agent of such services or whether they are part of the travel services.
12. Limitation of liability
12.1. The contractual liability of TS for damage not resulting from harm to life, the body or health and were not caused culpably is limited to triple the travel price. Any claims beyond this according to the Montreal Convention or the Civil Aviation Act are not affected by this liability limitation.
12.2. TS is not liable for operational malfunctions, damage to persons or property in connection with services that were mediated (e.g. arranged trips, sports events, theatre visits, exhibitions), fi these services were indicated explicitly in the travel description and travel confirmation as third-party ser-vices, stating the identity and address of the mediated contract partner, so that for the traveller they were clearly not part of the TS travel package and selected separately.
§§ 651b, 651c, 651w and 651y BGB are not affected by this.
12.3. TS is liable, however, if and insofar as the cause of damage for the traveller was the infringement of the notification, information or organisation duties of TS.
12.4. If services such as medical services, treatment services, massages or other healing treatments or services are not part of the TS travel package or were merely mediated by TS in addition to the booked package according to clause 12.2, TS is not liable for the service performance, nor personal or material damage. The liability from the mediation relationship is unaffected. If such services are part of the travel services, TS is not liable for the success of the healing or treatment.
13. Assertion of claims, addressee
Claims according to § 651i Par. (3) No. 2, 4-7 BGB are to be made by the customer/traveller to TS. The assertion can also be via the travel agent if the travel package was booked through this travel agent. It is recommended to make claims in writing.
14. Information obligations about the identity of the executing airline company
14.1. TS informs the customer upon booking, in accordance with the EU directive about informing flight guests about the identity of the execut-ing airline company, before or at the latest at the time of booking about the identity of the executing flight company (companies) regarding all flight trans-port services that are part of the booked journey.
14.2. If the executing airline company (companies) is/are not yet established, TS is obliged to state to the customer the airline company (companies) that will probably operate the flight. As soon as TS knows which company is operating the flight, TS will inform the customer.
14.3. If the operating airline company stated to the customer changes, TS will inform the customer without delay and as soon as it is feasibly possible about the change.
14.4. The “Black List” compiled according to the EC directive (airline com-panies not permitted to use the airspace over the member states) can be viewed on the TS Internet pages or directly on http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm, as well as at the TS offices.
15. Passport, visa and health regulations
15.1. TS will inform the customer/traveller before contract completion about general passport and visa requirements, as well as healthy policy formalities of the destination country, including approximate timeframes for obtaining any necessary visa, as well as any changes before travel commencement.
15.2. The customer is responsible for obtaining and carrying the officially required travel documents, any required vaccinations, as well as compliance with customs and excise regulations. Disadvantages incurred by not observ-ing these regulations, e.g. payment of withdrawal costs, are borne by the customer/traveller. This does not apply if TS has provided no, inadequate or incorrect information.
15.3. TS is not liable for the timely issuing of the necessary visa through the respective diplomatic representation, if the customer has appointed TS to obtain it, unless TS has culpably infringed their own duties.
16. Alternative dispute settlement; choice of jurisdiction and choice-of-forum clause
16.1. TS points out, in relation to the law concerning consumer dispute set-tlement, that TS does not participate in a voluntary consumer dispute settle-ment. If a consumer dispute settlement became obligatory for TS after print-ing of these travel conditions, TS will inform the consumers about this in a suitable form. For all travel contracts concluded in electronic form, TS refers to the European online dispute settlement platform ec.europa.eu/consumers/odr/.
16.2. For customers/travellers who are not citizens of a member state of the European Union or Switzerland, the exclusive applicability of German law is agreed for the entire legal and contractual relationship. Such custom-ers/travellers can proceed against TS exclusively at the seat of TS.
16.3. For proceedings of TS against customers or contract partners of the travel package agreement who are traders, legal persons of public or private law or persons whose place of residence or habitual residence is abroad, or whose place or residence or habitual residence at the time of the filing of proceedings is not known, the seat of TS is agreed as the place of jurisdic-tion.
© Copyright protection: Noll & Hütten solicitors, Stuttgart | Munich, 2017 – 2018
The travel operator is:
Touristic Service Reisebüro und Flugreisen GmbH
General Manager: Alexandra Koller
Commercial register: HRB 13835 (AG Düsseldorf)
Telefon: +49 (0) 211 - 312041
Fax: +49 (0) 211 - 344766