TRAVEL CONDITIONS PACKAGE DEALS
The following Terms and Conditions, insofar as they have been effectively agreed, shall be deemed an integral part of any travel contract concluded between you and Tourist Information Feuchtwangen, hereinafter referred to as "TI FEU", for all bookings from 01.07.2018. They supplement the legal provisions of §§ 651a - y of the German Civil Code (BGB) and Articles 250 and 252 of the Introductory Act to the German Civil Code (EGBGB). Please read these Terms and Conditions carefully prior to booking.
1. CONCLUSION OF THE PACKAGE TRAVEL CONTRACT, CLIENTS’ OBLIGATIONS
1.1. The following applies to all booking methods:
a) TI FEU’s travel offer and the customer's booking are based on the travel description and any additional information provided by TI FEU for the respective trip, as provided and available to the customer at the time of booking.
b) In cases where the travel confirmation details provided TI FEU differ from the details of the booking placed by the customer, this confirmation shall act as a new offer from TI FEU to which TI FEU is bound for a period of 10 days. The travel contract shall be concluded on the basis of this new offer, provided that TI FEU has communicated such amendments to the customer and fulfilled its pre-contractual information obligations and the customer declares acceptance to TI FEU within the commitment period by means of an express declaration or a down payment.
c) The pre-contractual information provided by TI FEU in relation to specific details of the travel services offered, prices and all additional costs, payment methods, the minimum number of travel participants and standard cancellation fees (according to Article 250 § 3 numbers 1, 3-5 and 7 EGBGB) shall only be deemed as not a valid part of the package travel contract if this has been expressly agreed between the parties.
1.2. The following apply to bookings made verbally, via telephone, in writing, via email or fax:
a) Such bookings (except verbal and telephone) should be made using the TI FEU booking form (in the case of emails by sending the completed and signed booking form as an attachment). Upon placing the booking, the customer makes a binding offer to TI FEU to conclude the package travel contract. The customer is bound to the booking offer for 8 working days.
b) The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) from TI FEU. Upon conclusion of the contract, TI FEU will send the customer a travel confirmation via email in a format that corresponds to the legal requirements for the services rendered, unless the traveller is entitled to booking confirmation in paper format in accordance with Art. 250 § 6 para. 1 sentence 2 EGBGB (Introductory Act to the German Civil Code), which applies in cases where the travel contract is concluded in the physical presence of both parties or outside business premises.
c) If TI FEU submits a specific binding offer that includes services, prices and travel period to the customer based on prior consultation with the customer about his or her special requests, the contact, in deviation from the above provisions, shall be deemed concluded by the fact that the customer accepts this offer without additions, limitations or other changes in the form and period specified by TI FEU. In this case, the contract comes into effect upon receipt of the customer's declaration of acceptance at TI FEU. TI FEU will inform the customer of the receipt of the declaration of acceptance. However, the legally binding nature of the contract is independent of whether the customer receives this notification.
1.3. TI FEU advises the customer herewith that, according to statutory provisions ((§§ 312 para 7; 312g, para. 2 sentence 1 no. 9 BGB) the client is not entitled to any right of withdrawal in relation to package travel contracts which, according to § 651a and § 651c BGB have been concluded remotely (i.e. by letter, brochure, telephone, fax, email, mobile phone or text message, radio broadcast, television or online services). The customer’s statutory rights to withdrawal, especially the rights according to § 651h BGB (see also Section 4) remain unaffected. However, the customer is entitled to withdrawal if the travel contract has been concluded outside of business premises, unless the verbal negotiations, on which the contract is based, were made on the grounds of a customer’s special request, in which case the client has no right of withdrawal.
2. FESTIVAL PERFORMANCE CHANGES
The festival director decides whether a performance will be moved to Stadthalle Kasten to protect the health of the actors. We cannot guarantee seats in the Stadthalle for guests from row 17, seat number 378. If the director has to stop a performance that has already started, you are not entitled to compensation – as is usual with open-air plays. If a performance has to be cancelled before it begins, or if there is no seat available for you if the performance is moved to the Stadthalle, you can exchange your tickets for another performance or return the tickets to TI FEU within 14 days and receive a refund.
3.1. TI FEU and travel agents may only demand or accept payments for travel packages before the end of a package tour if there is a valid contract for insuring or guaranteeing customer payments (Kundengeldabsicherung) and the customer has been given an insolvency cover certificate (Sicherungsschein) where the name and contact details of the insurer are clearly stated. Payment for the travel package is due 28 days before the start of the tour, provided that the security certificate has been presented. For bookings made less than 28 days before the start of the trip, the entire price of the travel booking is also due for payment immediately.
3.2. If the customer does not pay the deposit and/or the final payment within the agreed period, although TI FEU is willing and able to properly provide the contractual services and has fulfilled its legal information obligations and the customer has no lawful or contractual right of retention, TI FEU is entitled, after sending a reminder with a deadline, to withdraw from the package travel contract and to charge the customer with cancellation costs in accordance with Section 5.
4. CLIENT CANCELLATION PRIOR TO TRAVEL / CANCELLATION FEES
4.1. The customer has the right to cancel the package travel contract at any time prior to the start of the journey. The cancellation must be declared to TI FEU at the address provided above/below. If the tour was booked through a travel agent, the cancellation can also be declared to this agent. The customer is recommended to submit the cancellation request in writing.
4.2. If the customer cancels before the start of the tour or if he does not show, TI FEU loses the right to claim payment of the contractually agreed travel price. Instead, TI FEU can demand appropriate compensation, provided it is not responsible for the cancellation or if unavoidable, extraordinary circumstances occur at or near the destination that significantly affect the execution of the package tour or the transport of people to the destination. Circumstances are deemed unavoidable and extraordinary if they do not reside within the control of TI FEU and if their consequences remain unavoidable in spite of TI FEU having taken all reasonable measures to avoid them.
4.3. In the event of cancellation by the customer, TI FEU will only charge the customer for the costs for admission tickets and accommodation that it specifically incurs. For cancellations made 14 days or less before the start of the performance, the full ticket price will be charged.
4.4. If TI FEU is obliged to refund the travel price as a result of a cancellation, it is obliged to pay promptly, but in any case within 14 days after receipt of the cancellation request.
4.5. The statutory right of the customer to demand from TI FEU, in accordance with § 651 e BGB, by notification on a durable medium that a third party take over the rights and obligations arising from the package travel contract in its stead remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by TI FEU 7 days before the start of the tour.
4.6. TI FEU strongly recommends that the customer takes out travel cancellation insurance as well as insurance that covers expenses for repatriation in the event of accident or illness.
5. CHANGES TO BOOKINGS
5.1. After the conclusion of the contract, the customer is not entitled to make changes to the date, destination, place of departure, accommodation, type of board, type of transport or other services (booking amendments). This does not apply if changes to the booking are necessary because TI FEU has given the customer insufficient or false pre-contractual information, pursuant to Art. 250 § 3 EGBGB. In such cases, changes to the booking are free of charge. If, in the other cases, the customer still wishes to amend a booking, TI FEU has the right to charge a booking amendment fee for each traveller that requires a change in booking details, provided the following deadlines are observed: Unless otherwise agreed prior to the booking amendment request, the booking amendment fee is €10 per traveller for requests made no later than 14 days prior to the start of the tour.
5.2. Changes to a customer’s booking after this deadline, if such changes are possible at all, can only be made after the travel contract has been cancelled in accordance with Section 5 and a new travel booking is made simultaneous. This does not apply to booking amendment requests that only results in minor costs.
6. CUSTOMER / TRAVELER OBLIGATIONS
6.1. Travel documents
The customer must inform TI FEU or its travel agent, through whom he or she booked the package tour, if he does not find the necessary travel documents (e.g. theatre tickets) at the hotel upon his arrival.
6.2. Notification of defects / Remedial action request
a) If the travel services performed under the travel package contract are in any way deficient, the traveller is entitled to demand remedial action.
b) If TI FEU is unable to remedy a deficiency due to a traveller’s failure to report a deficiency, the traveller will not be entitled assert any reduction claims in accordance with § 651m BGB or claims for damages in accordance with § 651n BGB.
c) Customers are obliged to immediately report any travel service deficiencies that occur to the TI FEU authorised representative on site. If there is no TI FEU representative on site and TI FEU, according to the package travel contract, is not obliged to have such a representative present on site, any travel service deficiencies must be reported to the contact as communicated by TI FEU. Travellers will be informed about the availability of TI FEU on-site representatives or contacts within the TI FEU booking confirmation.
d) The TI FEU representative shall be instructed to remedy the situation, if this is possible. However, he is not authorised to recognise claims.
6.3. Deadline for cancellation
If the customer/traveller pursuant to § 651i BGB wants to cancel the package travel contract due to a service deficiency as defined in § 651I para. 2 BGB that is substantial, he must first set TI FEU a reasonable period of time to remedy the situation. This does not apply if TI FEU refuses to take adequate remedial measures for the respective issue or if immediate remedy is required.
7. LIMITATION OF LIABILITY
7.1. TI FEU’s contractual liability for damages, which have not resulted from injury to life, limb or health and which have not arisen due to any negligence or wilful intent on the part of TI FEU, is limited to three times the travel price. Any claims under the Montreal Convention or the German Air Traffic Act (Luftverkehrsgesetz) remain unaffected by this limitation of liability.
7.2. TI FEU is not liable for service disruptions, personal injury and damage to property which arise in connection with third party services (e.g. excursions, sporting events, visits to the theatre, exhibitions, etc.), if TI FEU within its travel description and its travel booking confirmation has clearly indicated such services as third party services in a sufficiently clear manner, expressly stating the identity and address of the corresponding third party contract partner, so that it is clear to the customer that such services are not part of the travel package contract concluded with TI FEU. §§ 651b, 651c, 651w and 651y BGB (German Civil Code) remain unaffected in this regard. However, TI FEU shall be liable if and to the extent that damage incurred to the customer has arisen due to a breach of TI FEU's obligations to inform, advise, and organise.
8. ASSERTION OF CLAIMS, ADDRESSEES
Any claims asserted by the customer/traveller under § 651i para. 3 no. 2, 4-7 BGB must be addressed to TI FEU. Alternatively, they can also be addressed to the travel agent, if the package tour was booked through this travel agent. The customer is advised to assert claims in writing.
9. ALTERNATIVE DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
9.1. With regard to the legislation regulating the settlement of consumer disputes, TI FEU advises customers that TI FEU does not participate in voluntary arbitration proceedings. If such arbitration proceedings become mandatory for TI FEU after printing and publishing these terms and conditions, TI FEU will duly inform its consumers of this accordingly. For all travel contracts concluded electronically, the TI FEU refers customers to the European online dispute resolution platform ec.europa.eu/consumers/odr/.
9.2. For customers/travellers who are not nationals of a member state of the European Union or Swiss nationals, the entire legal and contractual relationship between the customer/traveller and TI FEU will be exclusively governed by German law. Such customers/travellers can only file law suits before the court jurisdiction responsible for TI FEU’s registered office.
9.3. For law suits filed by TI FEU against customers or contractual partners of the package travel contract who are merchants, legal entities under public or private law or persons who have their domicile or habitual abode abroad or whose domicile or habitual abode is not known at the time the lawsuit is filed, the place of jurisdiction shall be the registered office of TI FEU.
© These travel conditions are protected by copyright; German Tourism Association e.V. and
Noll & Hütten Rechtsanwälte, Stuttgart | Munich, 2017 – 2020
Tour operator is: Stadt Feuchtwangen, represented by Mayor Patrick Ruh;
Tourist Office address: Marktplatz 1, 91555 Feuchtwangen, Tel: +49 9852 904-55,
Fax: +49 9852 904-250, email: email@example.com
Publication date: November 2019