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Weitere Informationen/Further Information: Tel. +49 (0) 651 978080, info@trier-info.de, www.trier-info.de
Travel and Booking Conditions 43
Travel and Booking Conditions
of Tourist-Information Trier Stadt und Land e.V.
Dear Guest, Dear Customer,
the following travel conditions apply to the offers
of Tourist-Information-Trier Stadt und Land
e.V. (TIT), unless the booking confirmation contains
no other conditions. With bookings for
offers for which a tour operator other than TIT
is responsible, the respective travel conditions
of the individual tour operator apply.
1. Closing the booking contract
1.1. Making a booking with the tour operator
is a legally binding contract. The booking may
be in written or oral form or by telephone. The
booking applies as well to all those participating
in the booking, for whose contract commitment
you, the customer, are responsible as well
as for your own commitment, insofar as you
have undertaken a corresponding commitment
through separate, expressed declaration.
The tour package contract is closed only after
we confirm in writing the booking and the price.
The confirmation is binding for us and for you
on the basis of the booking conditions which
you receive, at the latest, with the confirmation.
1.2. If the terms of the written confirmation differ
from the terms of the offer booked, you as
customer have the right to cancel the booking
within 10 days (for bookings at short notice –
i.e., less than 8 days in advance – immediately
following dispatch of the confirmation). The
cancellation must be placed in writing and becomes
effective upon our receipt (our receipt
stamp or, with faxes, the date of our transmission
applies). If you fail to cancel within this time,
those terms of the confirmation which differ
from the booking will become binding for both
parties at the end of the stipulated period.
1.3. Services provided by third parties as expressly
stated and described in the brochure,
in the tour confirmation and invoice etc. are
not subject to tour contract laws. If you make
a booking through us with a third party, we are
not liable as long as no wilful conduct or negligence
is present on our part or if we have
not fulfilled our obligations as formulated in the
third party booking or if guaranteed features are
lacking. We are liable in principle only for the
organisation with third parties, not, however,
for those organised services themselves (see
§ 675, 631 German Civil Code). The regulations
for the contract closing are pursuant to
Clause 1.
2. Payment
2.1. Immediately following the contract closing,
we request a deposit of 10 % of the package
price, at the most, however, 2 250.00 per person.
This deposit payment shall be effected
within 8 days at the latest upon receipt of the
package con firmation and will be counted toward
the total package cost.
2.2. Final payment of the outstanding sum shall
be paid according to individual agreement.
Should there be no agreement, it must be paid
to us within 21 days before commencement of
the package. The deposit and final payment
shall be effected upon receipt of the voucher
pursuant to § 651 k, Section 3 of the German
Civil Code. If the contract is entered into on
short notice (within 28 days before commencement
of the package), the customer shall
pay the entire amount immediately and will
thereupon receive the voucher.The customer
shall pay the full price without being entitled to
a voucher if the package does not last longer
than 24 hours, does not include overnight accommodations
and does not exceed a price of
2 75.00.
2.3. The travel documents shall be sent or handed
over to the customer as soon as payment
has been received by the tour operator.
3. Package Services
The extent of the contractual services is stated
in the package descriptions on the respective
pages of the brochure as well as in your written
confirmation.
The services described in the brochure are
binding on the tour operator. The tour operator
reserves the right, however, to alter the
services description before closing the contract
for objectively justifiable, important and unfore-
seeable reasons, reasons which the customer
shall, of course, be informed of before booking
confirmation.
4. Alterations in service and price
Alterations in and deviations from the individual
services described in the confirmed tour contract
which become necessary after contract
closure and which are not caused by the tour
operator against good faith are allowed only
insofar as the alterations and deviations are
not considerable and do not impair the overall
form of the tour. We will inform you immediately
about alterations in and deviations from services
and offer you, if necessary, a rebooking
free of charge or the right to cancellation free of
charge. After contract closure, we shall be entitled
to raise prices by a maximum of 5 % of the
total price up to 6 weeks before commencement
of the tour, on condition that the service
providers’ price increases can be shown, after
contract closure, to be demonstrable and unforeseeable,
especially because of transportation
cost increases. If the price increase exceeds
more than 5 %, or if the alterations in services
are considerable, the customer has the right to
cancel the contract without charge.
5. Customer cancellation, rebookings,
replacements
The customer can cancel the tour package in a
written declaration at any time before commencement
of the tour, provided the tour operator
receives the cancellation declaration. If the customer
cancels, we shall exercise the right to
claim reimbursement commensurate with the
preparations made for the tour and the amount
of work involved. Unless otherwise stated in our
concrete offer and booking confirmation, the
conditions for cancellation are to be considered
as agreed upon as follows:
5.1. Claims to cancellation fees operate on a
sliding scale and are applicable per person for
all travel and accommodation services – they
are valid for individuals and groups smaller than
15 persons:
- up to 31 days before agreed tour commencement:
10 % of total cost
- up to 22 days before agreed date: 20 % of
total cost
- up to 14 days before agreed date: 40 % of
total cost
- up to 7 days before agreed date: 50 % of
total cost
- up to 3 days before agreed date: 60 % of
total cost
- up to 2 days before agreed date
- or no-show: 80 % of total cost
- in any case, however, at least € 25.00 per
person.
The following cancellation fees apply to groups
of: (from the day we confirm your booking
up to 45 days before commencement of the
package)
- 15-40 persons, flat rate € 250.00
- 45 or more persons, flat rate € 425.00
The following cancellation deadlines apply to
portions of the tour price:
- 44-30 days before agreed date of commencement:
25 %
- 29-22 days before agreed date: 50 %
- 21-11 days before agreed date: 60 %
- 10-3 days before agreed date: 70 %
- 2 days before agreed date or no-show:
80 %
5.2. A fee of € 15.00 per person shall be levied
for rebookings up to 30 days before commencement
of tour. We shall consider later
re bookings as a cancellation with subsequent
new booking.
5.3. Up to the commencement of the tour, the
customer can demand that a third person replace
him or her in the rights and obligations
of the contract. The tour operator can contest
the entry of the replacement into the contract if
this person does not meet the necessary tour
require ments or if legal restrictions or official
regulations stand in the way of his or her participation.
If a third person enters into the contract, he or
she and the original customer bear the costs to
the tour operator as debtors for the total tour
price and for the increased costs caused by the
third person’s entry into the contract.
5.4. Should the customer not take advantage
of all the package services, the cost of this particular
service cannot be reimbursed.
6. Cancellation insurance
We recommend that you take out cancellation
insurance for all package offers.
7. Notice of cancellation by the tour operator
The tour operator can withdraw from the contract
in advance of commencement or cancel
the contract after the tour has begun:
7.1. Without prior notice, in exceptional circumstances
such as an act of God, the unforeseeable
closure of a hotel or travel service provider,
unavailability of a key service in the package
for which the tour operator is not responsible
but which was of considerable importance for
the booking etc.. Also without prior notice the
tour operator can cancel the contract if the customer
disrupts the running of the tour despite
being cautioned by the tour operator.
7.2. Up to 2 weeks prior to the agreed date,
if a minimum number of participants specified
in the brochure fails to materialise. You will be
advised of the cancellation immediately and will
have all monies refunded in full.
7.3. Up to 4 weeks prior to the agreed date,
if the tour operator is forced to exceed the limits
of economic feasibility in carrying out the
package.
8. The tour operator’s liability
8.1. We accept liability by fulfilling legal re quirements
pertaining to good business practices in
1. the conscientious preparation of the
package offer
2. the careful selection and monitoring of
service providers
3. the correctness of the description of all tour
services listed in the brochure, insofar as
the tour operator has not declared an alte -
ration in the brochure description before
contract closure pursuant to Clause 3
4. the orderly implementation of the agreed
upon tour services.
8.2. Limitation of Liability
The tour operator’s contractual liability for damage
or loss other than personal injury shall be
limited to a sum three times the price paid for
the package, unless the damage or loss incurred
by the customer is due to wilful conduct
or gross negligence or unless the tour operator
is responsible for damages incurred to the customer
solely because of conduct by a service
provider. The tour operator is liable for failings
on the part of the service provider employed
in the implementation of the tour package only
according to the legal regulations governing the
liability of the service providers (with respect to
the reasons and to the amount involved).
Clause 1.3 of these conditions is to be taken
into account with services described expressly
as negotiated. With negotiated services, we
under take no warranty for the service provider’s
descriptions in the brochure.
8.3. The customer is himself or herself responsible
for participation in sports or other leisure
activities. Sport facilities and bicycles should
be examined before use. We are liable for accidents
incurred during sports or leisure activities
only if we are at fault. The customer is responsible
for observing traffic regulations, especially
during cycling tours, and for damages he or
she causes himself or herself and others.
9. Warranty
9.1. Compensation: If the package is not conducted
according to the contract, the customer
can demand compensation. The tour operator
can make compensation by providing an equivalent
replacement service. The tour operator
shall be entitled to refuse compensation which
requires an unreasonable effort and expenditure.
9.2. Reduction in tour price: The customer shall
be entitled to a corresponding reduction of the
tour price for the length of time that terms of
the contract are not fulfilled. There shall be no
reduction in price if the customer fails to report
the deficiency.
9.3. Cancellation: If the tour is considerably disrupted
because of a deficiency and the tour
operator provides no compensation within a
reasonable length of time, the customer shall
be entitled to render the tour contract null and
void within the legal regulations governing such
contracts.
The determination of what constitutes a reasonable
length of time is un necessary only if compensation
is impossible or if the tour operator
refuses to provide compensation.
10. Obligation to cooperation
The customer shall be obliged to make reasonable
efforts within the limits of the legal
regulations in the event of disruption of the package
services, in order to rectify the disruption
and to keep possible damage to a minimum.
If, against all expectations, grounds for complaint
should arise, you should immediately
report these complaints to our contact partner.
If the contact partner is unavailable, you
should register your complaint with the service
provider (hotelier, transfer company) or at the
contact address for the respective destination
(address in the travel documents). Should the
customer fail to register any complaint at the
earliest possible time, he or she is not entitled
to compensation claims.
11. Renunciation of claims and statute
of limitations
Compensation claims because of failure to fulfil
the terms of the tour contract must be made in
writing to the tour operator within one month
after the contractual expiration of the package
tour.
Contractual compensation claims lapse after
6 months. This period begins on the day the
tour is to end according to the contract. Claims
because of wrongful actions causing physical
injury or death lapse after three years.
12. Inoperability of individual contract terms
Should individual terms of the package contract
prove to be inope rative, this does not
render the entire tour contract inoperative.
13. Legal jurisdiction
The parties agree that the place of legal jurisdiction
for all legal suits arising from the tour
contract is limited exclusively to the seat of
Tourist-Information-Trier Stadt und Land e. V.
Publisher:
Tourist-Information Trier Stadt und Land e.V.
An der Porta Nigra, 54290 Trier
Telephone +49 (0)651 978080
Fax +49 (0)651 9780876
info@trier-info.de
www.trier-info.de
Layout: michael kasper visuelle kommunikation
Printing: Krüger Druck & Verlag, Dillingen/Saar
Photos: Tourist-Information Trier, Jan Hoffmann,
Ralf Winkens, Björn Rudek, Christian
Millen, Dieter Jacobs, Rheinisches Landesmuseum,
Museum am Dom, medienfabrik trier,
Mosel-wein e.V., Yaph, Bistum Trier, Projektbüro
Saar-Hunsrück-Steig, Rheinland-Pfalz
Tourismus GmbH
As of June 2012