Travel Terms and Conditions - Agency Service
The agency terms and conditions and travel terms and conditions have been translated into English for information only. The German version is legally binding.
- Terms and Conditions for Accommodation and Agency Services of Bremer Touristik-Zentrale
- Arrangement of other tourism services
- Terms and conditions for package holidays of Bremer Touristik Zentrale
Bremer Touristik-Zentrale GmbH, Findorffstrasse 105, 28215 Bremen, arranges accommodation provided by lodging establishments and private landlords (hotels, inns, guesthouses, private rooms and holiday apartments), hereinafter collectively known as "Accommodation Providers", in accordance with current vacancies. The following terms and conditions, so far as effectively agreed, shall form part of the accommodation contract between the guest and the accommodation provider when a booking is made and shall govern the contractual relations between the Guest and the Accommodation Provider, as well as the agency services provided by Bremer Touristik-Zentrale, supplementing the statutory provisions. Please read these terms and conditions carefully.
1. Status of BTZ
1.1. Bremer Touristik-Zentrale - hereinafter referred to as "BTZ" - shall act solely as agent unless otherwise expressly agreed.
1.2. It accepts no liability for information supplied by the Accommodation Provider, nor for services or disruption to services to be provided by the Accommodation Provider. The foregoing provision shall not affect any liability of BTZ arising under the agency agreement.
2. Formation of the contract, travel agent, information in hotel guides
2.1. The booking constitutes a binding offer from the Guest to the Accommodation Provider to conclude an accommodation contract. This offer is based on the description of the accommodation and the supplementary information in the booking materials (e.g. description of location, classification notes), so far as the Customer has access to these.
2.2. Travel agents - with the exception of BTZ itself - are not authorised to conclude agreements, supply information or make representations which vary the agreed content of the contract, extend beyond the contractually agreed services of the Accommodation Provider or conflict with the description of the accommodation.
2.3. Information in hotel guides and similar directories not published by BTZ or the Accommodation Provider are not binding upon the Accommodation Provider and do not constitute part of its contractual duty unless they have been made part of the Accommodation Provider's duty through express agreement with the Guest.
2.4. The booking may be made orally, in writing, by telephone, fax or electronically (email, internet). Where bookings are made electronically the Guest will be sent electronic confirmation of receipt of the booking request immediately.
2.5. The contract is formed upon receipt of the declaration of acceptance (booking confirmation) from the Accommodation Provider or BTZ as the agent of the Accommodation Provider. The declaration of acceptance does not require a specific form, so confirmations received orally or by telephone are legally binding upon both Guest and Accommodation Provider. Generally, the Guest will also receive written confirmation of the booking from the Accommodation Provider or from BTZ acting as its agent.
2.6. If the content of the booking confirmation varies from the content of the booking, this constitutes a new offer on the part of the Accommodation Provider. The contract shall be formed on the basis of this new offer if the Guest indicates his or her acceptance of this offer by means of explicit declaration, payment of a deposit or the balance, or use of the accommodation.
2.7. If the Accommodation Provider or BTZmakes a special offer at the request of the Guest or the Booking Party, then, notwithstanding the above provisions, this shall constitute a binding contract offer from the Accommodation Provider to the Guest or the Booking Party. In such a case the contract shall be formed, without further confirmation from the Accommodation Provider or BTZ, if the Guest or the Booking Party accepts this offer within the period stipulated in the offer without qualification, modification or addition, through explicit declaration, payment of a deposit or the balance, or use of the accommodation.
3. Non-binding reservations
3.1. Non-binding reservations which the Guest may cancel without charge are permitted only by express agreement with BTZ or the Accommodation Provider.
3.2. Unless a non-binding reservation has expressly been agreed, the booking made in accordance with clause 2 (Formation of contract) of these conditions shall constitute a contract which is legally binding upon the Accommodation Provider and the Guest/Booking Party.
3.3. If a non-binding reservation has been agreed, the Accommodation Provider will keep the requested accommodation free until the agreed date to allow the Guest to make the booking. The Guest shall notify BTZor the Accommodation Provider by this date whether he/she wishes the booking to be regarded as binding. If no such notification is received, the reservation shall be cancelled with no further notification obligation on the part of the BTZ or the Accommodation Provider. If notification is given within the stipulated period, the booking shall become binding irrespective of any booking confirmation from the Accommodation Provider or BTZ.
4. Prices and services
4.1. The prices quoted in the brochure are final prices and include statutory value-added tax and, unless otherwise specified, all additional expenses. Resort tax and tourist tax may apply and will be shown separately, along with charges for consumption-based services (e.g. electricity, gas, water, firewood) and for optional and additional services.
4.2. The services to be provided by the Accommodation Provider are defined solely by the content of the booking confirmation in conjunction with the applicable brochure or the description of the property, and by any supplementary agreements expressly agreed with the Guest/Booking Party. The Guest/Booking Party is advised to record any supplementary agreements in writing.
4.3. For changes to bookings (changes to accommodation type, arrival or departure date, length of stay, meals taken), to which the Guest has no legal entitlement, an administration fee of Euro 20.00 per change may be charged. This does not apply if the change is minor.
5. Payment
5.1. The dates on which the deposit and balance are due are those dates agreed with the Guest or the Booking Party and specified in the booking confirmation. In the absence of any special arrangement, the full price for the accommodation including charges for additional expenses and additional services shall be payable at the end of the stay to the Accommodation Provider.
5.2. For stays of more than one week the Accommodation Provider may, at the end of each week, request payment for the days already stayed and for additional services (such as meals not included in the price of the accommodation, items taken from the mini-bar).
5.3. The Accommodation Provider may also demand a deposit of 20 per cent of the total price, even if this is not expressly mentioned in the booking confirmation.
5.4. If the Guest fails to pay an agreed deposit or fails to do so in full despite having no contractual or statutory right to withhold payment, and despite having received a reminder from the Accommodation Provider specifying a deadline by which this payment must be made, and if the Accommodation Provider is still willing and able to provide the contractual services, then the Accommodation Provider shall be entitled to cancel the contract and to charge the Guest cancellation costs in accordance with clause 6 of these terms and conditions.
6. Cancellation and no-show
6.1. If the Guest cancels the booking or fails to turn up, the Accommodation Provider shall be entitled to demand payment of the agreed price including charges for meals and additional services.
6.2. The Accommodation Provider must attempt, within the scope of its normal business operations but without any obligation to make any special effort, to find an alternative use for the booked accommodation, taking account of any special characteristics (e.g. non-smoking room, family room).
6.3. The Accommodation Provider shall offset the costs of an alternative booking or, if this is not possible, any expenditure saved.
6.4. According to the percentage rates stipulated by law for assessing costs saved, the Guest or Booking Party shall pay the Accommodation Provider the following amounts, based in each case on the total price of the accommodation services (including all additional expenses), but excluding public charges such as tourist or resort tax:
· for holiday apartments/self-catering accommodation 90%
· for bed and breakfast 80%
· for half-board 70%
· for full-board 60%
6.5. The Guest/Booking Party is expressly entitled to provide evidence to the Accommodation Provider that the cost savings were significantly greater than the aforementioned cancellation charges, or that an alternative use was found for the accommodation or other services. If such evidence is provided the Guest or the Booking Party is only required to pay the lesser amount.
6.6. We strongly recommend that guests arrange travel cancellation insurance.
6.7. Due to the booking procedures, the notice of cancellation must be sent to BTZ (not the Accommodation Provider). In the interests of the Guest, we recommend that such notification be sent in writing.
7. Duties of the Booking Party
7.1. The Guest is obliged to inform the Accommodation Provider of any problems and defects and to demand a remedy immediately. Any complaints should be reported in the first instance to the relevant service provider. If the problem is not remedied, the Guest should inform BTZ, which will try to resolve the issue. Reporting a problem to BTZ only is not sufficient. Culpable failure to report the problem may render the Guest's claims invalid.
7.2. The Guest may only terminate the contract in the event of substantial defects or problems. It must first report the problem to the Accommodation Provider and allow a reasonable period for the defect to be remedied, unless remedy is impossible or is refused by the Accommodation Provider or if immediate termination is justified by a particular interest of the Guest which is discernible to the Accommodation Provider or if it would be objectively unreasonable to expect the Guest to continue the stay for such reasons.
8. Liability
8.1. The contractual liability of the Accommodation Provider for damage other than physical injury is limited to three times the price of the holiday, unless the Guest's loss has been caused intentionally or through gross negligence on the part of the Accommodation Provider or unless the Accommodation Provider is responsible for damage sustained by the Guest solely because of the fault of a vicarious agent.
8.2. This shall not affect the Accommodation Provider's innkeepers' liability, so far as such exists, for items brought into the property pursuant to sections 701 et seq. German Civil Code (BGB).
8.3. The Accommodation Provider is not liable for defective performance in connection with services which are merely arranged with third party providers (e.g. sporting events, theatre visits, exhibitions etc.) during the stay and which are identifiable to the Guest/Booking Party as third-party services. The same applies to third-party services which were arranged in conjunction with the accommodation booking, so far as these are expressly identified as third-party services in the brochure description or booking confirmation.
9. Statute of limitations
9.1. Claims under contract of the Guest/Booking Party against the Accommodation Provider or against BTZ arising from death, physical injury or damage to health including contractual claims to compensation for pain and suffering, which are caused by their negligent breach of duty or an intentional or negligent breach of duty by their statutory representatives or vicarious agents, shall become statute-barred after three years. This also applies to claims for compensation for other loss caused by grossly negligent breach of duty by the Accommodation Provider, or by BTZ or by an intentional or grossly negligent breach of duty by their statutory representatives or vicarious agents.
9.2. All other claims under contract shall become time-barred after one year.
9.3. The statute-barring of claims under the above provisions shall commence at the end of the year in which the claim arose and the Guest/Booking Party became aware of the circumstances giving rise to the claim and in which the Accommodation Provider or BTZ became aware of its liability, or should have become aware had it not been for gross negligence.
9.4. If the Guest and the Accommodation Provider or BTZ engage in negotiations concerning the claims or the circumstances giving rise to the claim, the period of limitation shall be suspended until the Guest or the Accommodation Provider or BTZ refuses to continue the negotiations. The aforementioned one-year period of limitation shall take effect no sooner than three months after the end of the period of suspension.
10. Choice of law and jurisdiction
10.1. The contractual relationship between the Guest or Booking Party and the Accommodation Provider or BTZ shall be governed exclusively by German law. The same also applies to the legal relationship as a whole.
10.2. The Guest or Booking Party may only bring legal action against the Accommodation Provider or BTZ at the court with jurisdiction over the domicile of the Accommodation Provider or of BTZ respectively.
10.3. Claims of the Accommodation Provider or BTZ against the Guest or the Booking Party must be brought at the court with jurisdiction over the customer's place of residence. The court with jurisdiction over the domicile of the Accommodation Provider is agreed for actions against Guests or Booking Parties which are businesses, legal entities incorporated under public or private law or persons who have their domicile/business address or usual place of residence abroad, or whose domicile/business address or usual place of residence is unknown at the time the action is filed.
10.4. The above provisions do not apply if and to the extent that other mandatory provisions of European law or other international provisions are applicable.
© Protected by copyright; RA Noll, Stuttgart, 2004-2008.
Tourism office:
Bremer Touristik-Zentrale Gesellschaft für Marketing und Service mbH
Findorffstrasse 105
28215 Bremen
Tel.: +49 (0)421 308 0010
Fax: +49 (0)421 308 0030
Email:
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Dear Guest, We are happy to arrange individual tourism services for you (tickets for events, guided tours, trips, theatre and concerts tickets etc.), and package holidays supplied by third-party tour operators in accordance with our current product range. Bremer Touristik-Zentrale acts as a booking office on behalf and for the account of the provider of other services or the tour operator. Any contractual relations arising in respect of the service exist solely between the guest and the provider of the services or the tour operator, who will supply the arranged service under its own responsibility. Your contract partners shall be exclusively responsible for ensuring that the service is provided in accordance with the terms of the contract. Once a booking has been confirmed, the only contract between the guest and Bremer Touristik-Zentrale shall be an agency agreement. Under this Agency Agreement , Bremer Touristik-Zentrale shall be obliged to provide comprehensive information and advice and ensure that the agency service is properly performed. In the event of complaints the guest should therefore contact his contract partner immediately (supplier of other services or tour operator) and seek a remedy. Should this complaint prove fruitless, Bremer Touristik-Zentrale is willing to act as arbiter.
Please note that, particularly in the case of admission tickets, event tickets, guided tours and trips, tickets cannot be returned and bookings cannot be amended. Where changes are permitted, Bremer Touristik-Zentrale may charge an administration fee of Euro 20 per change or for the cancellation of individual guided tours and trips for private groups of 10 or more. We recommend that you take out travel cancellation insurance or ticket return protection.
Dear Guest, We are happy to arrange individual tourism services for you (tickets for events, guided tours, trips, theatre and concerts tickets etc.), and package holidays supplied by third-party tour operators in accordance with our current product range. Bremer Touristik-Zentrale acts as a booking office on behalf and for the account of the provider of other services or the tour operator. Any contractual relations arising in respect of the service exist solely between the guest and the provider of the services or the tour operator, who will supply the arranged service under its own responsibility. Your contract partners shall be exclusively responsible for ensuring that the service is provided in accordance with the terms of the contract. Once a booking has been confirmed, the only contract between the guest and Bremer Touristik-Zentrale shall be an agency agreement. Under this Agency Agreement , Bremer Touristik-Zentrale shall be obliged to provide comprehensive information and advice and ensure that the agency service is properly performed. In the event of complaints the guest should therefore contact his contract partner immediately (supplier of other services or tour operator) and seek a remedy. Should this complaint prove fruitless, Bremer Touristik-Zentrale is willing to act as arbiter.
Please note that, particularly in the case of admission tickets, event tickets, guided tours and trips, tickets cannot be returned and bookings cannot be amended. Where changes are permitted, Bremer Touristik-Zentrale may charge an administration fee of Euro 20 per change or for the cancellation of individual guided tours and trips for private groups of 10 or more. We recommend that you take out travel cancellation insurance or ticket return protection.
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Dear Guest, Please read the following terms and conditions for package offers very carefully. So far as they are effectively incorporated, these travel terms and conditions will form part of the travel contract concluded between you - hereinafter referred to as "the Customer" - and Bremer Touristik-Zentrale GmbH, Findorffstraße 105, 28215 Bremen, hereinafter referred to as "BTZ", in its capacity as holiday organiser. These terms and conditions apply exclusively to package offers of BTZ. They do not apply to the arrangement of third-party services (such as guided tours and admission tickets), nor to contracts for accommodation services or the arrangement of such services.
1. Formation of contract
1.1. The booking (booking request) may be made orally, by telephone, in writing, by fax, by email or via the internet, and represents a binding offer from the Customer to BTZ to enter into a travel contract. The offer is based on the description of the holiday, these travel terms and conditions and all supplementary information in the booking materials (brochure, accommodation directory, internet), so far as the Customer has access to these.
1.2. If the booking request is transmitted electronically, BTZ shall confirm its receipt to the Customer electronically without delay. This confirmation of receipt is not a confirmation of booking and does not give rise to any right to the formation of a travel contract in accordance with the Customer's booking request.
1.3. The travel contract is formed when the Customer has received BTZ's booking confirmation. This does not have to take any specific form. The Customer shall be provided with a written copy of the booking confirmation at the time the contract is formed or directly thereafter. No written copy of the booking confirmation is required if the Customer makes the booking fewer than seven working days prior to commencement of travel.
1.4. If the booking confirmation from BTZ deviates from the Customer's booking, this shall constitute a new offer on the part of BTZ, which shall remain binding for ten days from the date of the booking confirmation. The contract shall be formed on the basis of this amended offer, so far as the Customer indicates his or her acceptance of this offer by means of explicit declaration or payment of a deposit or the balance. The same applies if BTZ has made the Customer a written offer for a package deal.
1.5. The Customer making the booking is liable for the contractual obligations of other members of his party on whose behalf he is making the booking, as if they were his own, so far as he has undertaken to do so by giving an explicit and separate declaration to this effect.
2. Services, changes to services
2.1. The services owed by BTZ are defined solely by the content of the booking confirmation in conjunction with the package offer on which this booking confirmation is based and in accordance with all notes and explanations contained in the booking materials.
2.2. Travel agents and service providers, in particular accommodation providers, are not authorised to make representations or conclude agreements on behalf of BTZ which extend beyond or conflict with the travel offer or the booking confirmation or which vary the confirmed content of the travel contract.
2.3. BTZ is permitted to make changes to individual travel services in variance from the agreed content of the travel contract, if necessitated by circumstances arising after the contract has been concluded, provided that the changes or variations are minor, are not made contrary to good faith, do not result in a major change to the travel service and do not adversely affect the standard of the holiday as a whole. This shall not prejudice any claims under warranty if the altered services prove defective. BTZ is obliged to notify the Customer of any changes or deviations in services immediately. If necessary, BTZ
will offer the Guest the opportunity to change the booking or cancel the contract, in each case free of charge.
3. Deposit/payment of balance
3.1. A deposit is payable upon formation of the contract (receipt of the booking confirmation) and after provision of a Sicherungsschein (risk coverage certificate) pursuant to section 651k BGB (German Civil Code). This will be deducted from the cost of the holiday. Unless otherwise agreed in an individual case and noted on the booking confirmation, the deposit will be 10 per cent of the price of the holiday.
3.2. The balance shall be payable three weeks prior to start of the holiday, provided that no other payment date has been agreed in an individual case, the Sicherungsschein has been supplied and the holiday can no longer be cancelled for the reasons stated in clause 8 of these terms and conditions. Where bookings are made less than three weeks before the start of the holiday, the full price shall be payable immediately.
3.3. Notwithstanding the provisions of clauses 3.1 and 3.2, the obligation to provide a Sicherungsschein shall lapse,
a) if the travel package does not last more than 24 hours, does not include any overnight stay and does not cost more than €75 per person,
b) if services to be provided under the contract do not include any transportation to and from the holiday destination and if it has been agreed and is noted in the booking confirmation that the full price is payable locally at the end of the holiday.
3.4. If BTZ is willing and able to provide the contractual services and the traveller fails to pay the deposit or balance or fails to do so in full on the agreed dates despite having no contractual or statutory right to withhold payment, then, after issuing a warning which specifies a period within which payment must be made, BTZ shall be entitled to cancel the contract and to charge the traveller cancellation costs in accordance with clause 4 of these terms and conditions.
4. Cancellation and changes to the booking by the Customer
4.1. The Customer may cancel the holiday at any time prior to departure. It is recommended that cancellation be expressed in writing to avoid any misunderstandings. The relevant date is the date on which the notice of cancellation is received by BTZ.
4.2. In the event of cancellation by the traveller, BTZ shall be entitled to compensation for any arrangements made and expenses incurred by BTZ as follows, allowing for any expenses saved and alternative utilisation of the travel services if possible:
a) up to 31 days prior to departure: 10%
b) between 30 and 15 days prior to departure: 30%
c) between 14 and 7 days prior to departure: 50%
d) between 6 and 1 days prior to departure: 80%
e) on the day of arrival and no-shows: 90% of the cost
4.3. It is strongly recommended that customers take out travel cancellation insurance.
4.4. The Customer is entitled to furnish evidence to show that BTZ has not incurred any costs or that the costs incurred are substantially lower than the aforementioned flat rates. In such a case the Customer shall only be obliged to pay the lesser cost.
4.5. BTZ is entitled to deviate from the flat rates specified above and demand a higher, specific amount of compensation in an individual case, provided it can quantify its costs for the Customer and provide supporting evidence.
4.6. The above provisions do not affect the Customer's statutory right under section 651b BGB to transfer the contract to a third party.
4.7. If amendments are made in respect of the travel date, the accommodation, meals to be taken or other services (changes to the booking) at the request of the Customer after the contract has been formed but more than 31 days prior to travel, BTZ may charge a booking amendment fee of €20. This does not give the Customer a legal right to insist upon the change, which shall in any event be made only so far as it is possible. Subsequent changes to the booking shall require cancellation of the contract in accordance with the above cancellation conditions and a new booking to be made. This does not apply to change requests which only entail negligible costs.
4.8. If bookings are cancelled or amended, any costs incurred in connection with the return or amendment of admission tickets shall be payable together with the booking amendment fee and any compensation, unless BTZ is able to reutilise the admission ticket. The above flat-rate compensation shall then be calculated from the price of the holiday less the price of the admission ticket.
5. Obligations of the traveller/Customer (reporting problems, termination, exclusion period)
5.1. The traveller is obliged to inform BTZ of any problems and to demand a remedy immediately. If the traveller fails to complain in the manner described, he shall forfeit his claim unless he is not culpable for such failure. Notification of a problem to the service provider, in particular the accommodation provider, is not sufficient.
5.2. If the holiday is substantially impaired because of a problem with the travel service or if, as a result of such problem, the traveller cannot be expected to continue with the holiday owing to a compelling reason which is clear to BTZ, the traveller may terminate the travel contract in accordance with the statutory provisions (section 651e BGB). The contract may be terminated only if the traveller has given BTZ or its agents a reasonable period within which to remedy the situation and this period has elapsed without satisfaction. The traveller is not required to specify an additional period if the remedy is impossible or is refused by BTZ or its agents or if a particular interest of the traveller justifies immediate termination of the contract.
5.3. Any claims arising from the failure to perform the travel services in accordance with the terms of the contract may only be asserted by the traveller after the end of the holiday, within one month of the date of return travel as provided for in the travel contract, against BTZ at the address specified below. The aforementioned period is not complied with if notification is given to the service providers, particularly the accommodation providers. We strongly recommend that claims are asserted in writing.
6. Special obligations of the Customer/traveller in connection with packages involving medical services, spa treatments and wellness products and services
6.1. For travel packages which include medical services, spa treatments, wellness products and services or similar, it shall be the responsibility of the traveller to establish before booking, before travelling and before utilising the services whether the treatment or services concerned are suitable for him/her, bearing in mind his/her personal health, in particular any existing complaints or illnesses.
6.2. In the absence of an express agreement, BTZ shall not be liable to provide any special medical clarification or warning in respect of consequences, risks and side effects of such services, particularly in respect of the health of the traveller concerned.
6.3. The above provisions apply irrespective of whether BTZ is merely arranging such services or whether these are a component part of the travel services.
7. Liability
7.1. The contractual liability of BTZ for damage other than physical injury is limited to three times the price of the holiday, unless the traveller's loss has been caused intentionally or through gross negligence or unless BTZ is responsible for loss sustained by the traveller solely because of the fault of a service provider.
7.2. BTZ shall not be liable for information provided and defective performance in connection with services
a) which are not contractually agreed principal services and are not a component part of the package offer of BTZ and which are clearly recognisable by the Customer as a third-party service and are described as such in the travel offer or the booking confirmation, or
b) which are merely arranged during the visit as third-party services (e.g. as spa or wellness treatments, sports events, theatre visits, exhibitions, excursions etc.)
7.3. So far as services such as medical services, treatments, massages or other therapeutic services are not a component part of the package offer of BTZ and are merely arranged in addition to the booked package in accordance with clause 7.2, BTZ shall not be liable for performance or for personal injury or damage to property. So far as such services are a component part of the travel service, BTZ shall not be liable for the success of the cure or treatment.
8. Cancellation by BTZ
8.1. If a minimum group size is specified in the travel offer and the minimum number described in the travel offer or specified by government authority is not reached, BTZ may cancel the travel contract up to three weeks prior to the start of the holiday.
8.2. The minimum group size must be stated in the booking confirmation or reference to it made in the travel offer.
8.3. BTZ is obliged to advise the Customer as soon as the condition for the non-performance of the holiday occurs, and to send out the notice of cancellation immediately.
8.4. If it is clear even before the expiry of the period specified in clause 8.1 that the holiday will not go ahead, BTZ is obliged to give notice of cancellation immediately.
8.5. In the event of termination the Customer shall receive a refund of all monies paid without delay.
9. Unused services
9.1. If the traveller does not use individual travel services because of premature departure, illness or other reasons for which BTZ is not responsible, the traveller shall not be entitled to reimbursement of any portion of the holiday price.
9.2. However, unless the amounts concerned are negligible, BTZ shall seek a refund from the service provider and shall repay such monies to the Customer as soon as and to the extent that they are actually refunded by the individual service providers to BTZ.
10. Statute of limitations
10.1. Claims of the Customer under sections 651c to f BGB arising from death, physical injury or damage to health, which are caused by intentional or negligent breach of duty by BTZ or a statutory representative or vicarious agent of BTZ , shall become statute-barred in two years. This also applies to claims to compensation for other damage which are caused by intentional or grossly negligent breach of duty by the BTZ or by a statutory representative or vicarious agent of BTZ.
10.2. All other claims under sections 651 c to f BGB become statute-barred within one year.
10.3. The statute-barring according to clauses 10.1 and 10.2 starts on the day on which the travel is supposed to have started under the contractual agreements.
10.4. If the Customer and BTZ engage in negotiations concerning the claim or the circumstances giving rise to the claim, the period of limitation is suspended until the Customer or BTZ refuses to continue the negotiations. The claim shall not become statute-barred until at least three months after the end of the period of suspension.
11. Choice of law and jurisdiction
11.1. The entire legal and contractual relationship between the Customer and BTZ shall be governed exclusively by German law.
11.2. The Customer may only file action against BTZ at its registered office address.
11.3. BTZ may only file action against the Customer at his or her domicile. The court with jurisdiction over the registered office of BTZ is agreed for actions against Customers which are businesses, legal entities incorporated under public or private law or persons who have their domicile or usual place of residence abroad, or whose domicile or usual place of residence is unknown at the time the action is filed.
11.4. The above provisions shall not apply
a) if and to the extent that provisions of international agreements which apply to the travel contract between the Customer and BTZ and which cannot be waived by contract, stipulate an arrangement more favourable to the Customer or
b) if and to the extent that mandatory provisions which are applicable to the travel contract in the member state of the EU of which the Customer is a national, are more favourable to the Customer than the following provisions or the applicable German legislation.
© Protected by copyright; RA Noll, Stuttgart, 2004-2008.
The holiday organiser is:
Bremer Touristik-Zentrale Gesellschaft für Marketing und Service mbH
Findorffstrasse 105
28215 Bremen
Tel.: +49 (0)421 308 0010
Fax: +49 (0)421 308 0030
Email:
Dear Guest, Please read the following terms and conditions for package offers very carefully. So far as they are effectively incorporated, these travel terms and conditions will form part of the travel contract concluded between you - hereinafter referred to as "the Customer" - and Bremer Touristik-Zentrale GmbH, Findorffstraße 105, 28215 Bremen, hereinafter referred to as "BTZ", in its capacity as holiday organiser. These terms and conditions apply exclusively to package offers of BTZ. They do not apply to the arrangement of third-party services (such as guided tours and admission tickets), nor to contracts for accommodation services or the arrangement of such services.
1. Formation of contract
1.1. The booking (booking request) may be made orally, by telephone, in writing, by fax, by email or via the internet, and represents a binding offer from the Customer to BTZ to enter into a travel contract. The offer is based on the description of the holiday, these travel terms and conditions and all supplementary information in the booking materials (brochure, accommodation directory, internet), so far as the Customer has access to these.
1.2. If the booking request is transmitted electronically, BTZ shall confirm its receipt to the Customer electronically without delay. This confirmation of receipt is not a confirmation of booking and does not give rise to any right to the formation of a travel contract in accordance with the Customer's booking request.
1.3. The travel contract is formed when the Customer has received BTZ's booking confirmation. This does not have to take any specific form. The Customer shall be provided with a written copy of the booking confirmation at the time the contract is formed or directly thereafter. No written copy of the booking confirmation is required if the Customer makes the booking fewer than seven working days prior to commencement of travel.
1.4. If the booking confirmation from BTZ deviates from the Customer's booking, this shall constitute a new offer on the part of BTZ, which shall remain binding for ten days from the date of the booking confirmation. The contract shall be formed on the basis of this amended offer, so far as the Customer indicates his or her acceptance of this offer by means of explicit declaration or payment of a deposit or the balance. The same applies if BTZ has made the Customer a written offer for a package deal.
1.5. The Customer making the booking is liable for the contractual obligations of other members of his party on whose behalf he is making the booking, as if they were his own, so far as he has undertaken to do so by giving an explicit and separate declaration to this effect.
2. Services, changes to services
2.1. The services owed by BTZ are defined solely by the content of the booking confirmation in conjunction with the package offer on which this booking confirmation is based and in accordance with all notes and explanations contained in the booking materials.
2.2. Travel agents and service providers, in particular accommodation providers, are not authorised to make representations or conclude agreements on behalf of BTZ which extend beyond or conflict with the travel offer or the booking confirmation or which vary the confirmed content of the travel contract.
2.3. BTZ is permitted to make changes to individual travel services in variance from the agreed content of the travel contract, if necessitated by circumstances arising after the contract has been concluded, provided that the changes or variations are minor, are not made contrary to good faith, do not result in a major change to the travel service and do not adversely affect the standard of the holiday as a whole. This shall not prejudice any claims under warranty if the altered services prove defective. BTZ is obliged to notify the Customer of any changes or deviations in services immediately. If necessary, BTZ
will offer the Guest the opportunity to change the booking or cancel the contract, in each case free of charge.
3. Deposit/payment of balance
3.1. A deposit is payable upon formation of the contract (receipt of the booking confirmation) and after provision of a Sicherungsschein (risk coverage certificate) pursuant to section 651k BGB (German Civil Code). This will be deducted from the cost of the holiday. Unless otherwise agreed in an individual case and noted on the booking confirmation, the deposit will be 10 per cent of the price of the holiday.
3.2. The balance shall be payable three weeks prior to start of the holiday, provided that no other payment date has been agreed in an individual case, the Sicherungsschein has been supplied and the holiday can no longer be cancelled for the reasons stated in clause 8 of these terms and conditions. Where bookings are made less than three weeks before the start of the holiday, the full price shall be payable immediately.
3.3. Notwithstanding the provisions of clauses 3.1 and 3.2, the obligation to provide a Sicherungsschein shall lapse,
a) if the travel package does not last more than 24 hours, does not include any overnight stay and does not cost more than €75 per person,
b) if services to be provided under the contract do not include any transportation to and from the holiday destination and if it has been agreed and is noted in the booking confirmation that the full price is payable locally at the end of the holiday.
3.4. If BTZ is willing and able to provide the contractual services and the traveller fails to pay the deposit or balance or fails to do so in full on the agreed dates despite having no contractual or statutory right to withhold payment, then, after issuing a warning which specifies a period within which payment must be made, BTZ shall be entitled to cancel the contract and to charge the traveller cancellation costs in accordance with clause 4 of these terms and conditions.
4. Cancellation and changes to the booking by the Customer
4.1. The Customer may cancel the holiday at any time prior to departure. It is recommended that cancellation be expressed in writing to avoid any misunderstandings. The relevant date is the date on which the notice of cancellation is received by BTZ.
4.2. In the event of cancellation by the traveller, BTZ shall be entitled to compensation for any arrangements made and expenses incurred by BTZ as follows, allowing for any expenses saved and alternative utilisation of the travel services if possible:
a) up to 31 days prior to departure: 10%
b) between 30 and 15 days prior to departure: 30%
c) between 14 and 7 days prior to departure: 50%
d) between 6 and 1 days prior to departure: 80%
e) on the day of arrival and no-shows: 90% of the cost
4.3. It is strongly recommended that customers take out travel cancellation insurance.
4.4. The Customer is entitled to furnish evidence to show that BTZ has not incurred any costs or that the costs incurred are substantially lower than the aforementioned flat rates. In such a case the Customer shall only be obliged to pay the lesser cost.
4.5. BTZ is entitled to deviate from the flat rates specified above and demand a higher, specific amount of compensation in an individual case, provided it can quantify its costs for the Customer and provide supporting evidence.
4.6. The above provisions do not affect the Customer's statutory right under section 651b BGB to transfer the contract to a third party.
4.7. If amendments are made in respect of the travel date, the accommodation, meals to be taken or other services (changes to the booking) at the request of the Customer after the contract has been formed but more than 31 days prior to travel, BTZ may charge a booking amendment fee of €20. This does not give the Customer a legal right to insist upon the change, which shall in any event be made only so far as it is possible. Subsequent changes to the booking shall require cancellation of the contract in accordance with the above cancellation conditions and a new booking to be made. This does not apply to change requests which only entail negligible costs.
4.8. If bookings are cancelled or amended, any costs incurred in connection with the return or amendment of admission tickets shall be payable together with the booking amendment fee and any compensation, unless BTZ is able to reutilise the admission ticket. The above flat-rate compensation shall then be calculated from the price of the holiday less the price of the admission ticket.
5. Obligations of the traveller/Customer (reporting problems, termination, exclusion period)
5.1. The traveller is obliged to inform BTZ of any problems and to demand a remedy immediately. If the traveller fails to complain in the manner described, he shall forfeit his claim unless he is not culpable for such failure. Notification of a problem to the service provider, in particular the accommodation provider, is not sufficient.
5.2. If the holiday is substantially impaired because of a problem with the travel service or if, as a result of such problem, the traveller cannot be expected to continue with the holiday owing to a compelling reason which is clear to BTZ, the traveller may terminate the travel contract in accordance with the statutory provisions (section 651e BGB). The contract may be terminated only if the traveller has given BTZ or its agents a reasonable period within which to remedy the situation and this period has elapsed without satisfaction. The traveller is not required to specify an additional period if the remedy is impossible or is refused by BTZ or its agents or if a particular interest of the traveller justifies immediate termination of the contract.
5.3. Any claims arising from the failure to perform the travel services in accordance with the terms of the contract may only be asserted by the traveller after the end of the holiday, within one month of the date of return travel as provided for in the travel contract, against BTZ at the address specified below. The aforementioned period is not complied with if notification is given to the service providers, particularly the accommodation providers. We strongly recommend that claims are asserted in writing.
6. Special obligations of the Customer/traveller in connection with packages involving medical services, spa treatments and wellness products and services
6.1. For travel packages which include medical services, spa treatments, wellness products and services or similar, it shall be the responsibility of the traveller to establish before booking, before travelling and before utilising the services whether the treatment or services concerned are suitable for him/her, bearing in mind his/her personal health, in particular any existing complaints or illnesses.
6.2. In the absence of an express agreement, BTZ shall not be liable to provide any special medical clarification or warning in respect of consequences, risks and side effects of such services, particularly in respect of the health of the traveller concerned.
6.3. The above provisions apply irrespective of whether BTZ is merely arranging such services or whether these are a component part of the travel services.
7. Liability
7.1. The contractual liability of BTZ for damage other than physical injury is limited to three times the price of the holiday, unless the traveller's loss has been caused intentionally or through gross negligence or unless BTZ is responsible for loss sustained by the traveller solely because of the fault of a service provider.
7.2. BTZ shall not be liable for information provided and defective performance in connection with services
a) which are not contractually agreed principal services and are not a component part of the package offer of BTZ and which are clearly recognisable by the Customer as a third-party service and are described as such in the travel offer or the booking confirmation, or
b) which are merely arranged during the visit as third-party services (e.g. as spa or wellness treatments, sports events, theatre visits, exhibitions, excursions etc.)
7.3. So far as services such as medical services, treatments, massages or other therapeutic services are not a component part of the package offer of BTZ and are merely arranged in addition to the booked package in accordance with clause 7.2, BTZ shall not be liable for performance or for personal injury or damage to property. So far as such services are a component part of the travel service, BTZ shall not be liable for the success of the cure or treatment.
8. Cancellation by BTZ
8.1. If a minimum group size is specified in the travel offer and the minimum number described in the travel offer or specified by government authority is not reached, BTZ may cancel the travel contract up to three weeks prior to the start of the holiday.
8.2. The minimum group size must be stated in the booking confirmation or reference to it made in the travel offer.
8.3. BTZ is obliged to advise the Customer as soon as the condition for the non-performance of the holiday occurs, and to send out the notice of cancellation immediately.
8.4. If it is clear even before the expiry of the period specified in clause 8.1 that the holiday will not go ahead, BTZ is obliged to give notice of cancellation immediately.
8.5. In the event of termination the Customer shall receive a refund of all monies paid without delay.
9. Unused services
9.1. If the traveller does not use individual travel services because of premature departure, illness or other reasons for which BTZ is not responsible, the traveller shall not be entitled to reimbursement of any portion of the holiday price.
9.2. However, unless the amounts concerned are negligible, BTZ shall seek a refund from the service provider and shall repay such monies to the Customer as soon as and to the extent that they are actually refunded by the individual service providers to BTZ.
10. Statute of limitations
10.1. Claims of the Customer under sections 651c to f BGB arising from death, physical injury or damage to health, which are caused by intentional or negligent breach of duty by BTZ or a statutory representative or vicarious agent of BTZ , shall become statute-barred in two years. This also applies to claims to compensation for other damage which are caused by intentional or grossly negligent breach of duty by the BTZ or by a statutory representative or vicarious agent of BTZ.
10.2. All other claims under sections 651 c to f BGB become statute-barred within one year.
10.3. The statute-barring according to clauses 10.1 and 10.2 starts on the day on which the travel is supposed to have started under the contractual agreements.
10.4. If the Customer and BTZ engage in negotiations concerning the claim or the circumstances giving rise to the claim, the period of limitation is suspended until the Customer or BTZ refuses to continue the negotiations. The claim shall not become statute-barred until at least three months after the end of the period of suspension.
11. Choice of law and jurisdiction
11.1. The entire legal and contractual relationship between the Customer and BTZ shall be governed exclusively by German law.
11.2. The Customer may only file action against BTZ at its registered office address.
11.3. BTZ may only file action against the Customer at his or her domicile. The court with jurisdiction over the registered office of BTZ is agreed for actions against Customers which are businesses, legal entities incorporated under public or private law or persons who have their domicile or usual place of residence abroad, or whose domicile or usual place of residence is unknown at the time the action is filed.
11.4. The above provisions shall not apply
a) if and to the extent that provisions of international agreements which apply to the travel contract between the Customer and BTZ and which cannot be waived by contract, stipulate an arrangement more favourable to the Customer or
b) if and to the extent that mandatory provisions which are applicable to the travel contract in the member state of the EU of which the Customer is a national, are more favourable to the Customer than the following provisions or the applicable German legislation.
© Protected by copyright; RA Noll, Stuttgart, 2004-2008.
The holiday organiser is:
Bremer Touristik-Zentrale Gesellschaft für Marketing und Service mbH
Findorffstrasse 105
28215 Bremen
Tel.: +49 (0)421 308 0010
Fax: +49 (0)421 308 0030
Email: