Leipzig Travel 2013/14

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Leipzig | Travel Conditions 74 1. The Position of LTM 1.1 In the absence of any other explicit agreements, LTM only has the position of a mediator. 1.2 It shall not be liable for the information given by the accomodation facility (AF), services and default in performance with reference to the services to be performed by the AF. 1.3 Any liability of LTM from the mediation agreement shall remain unaffected. 2. Concluding the Agreement 2.1 When the accommodation is booked, the guest offers the AF the binding conclusion of a guest accommodation agreement. This offer is based on the description of the accommodations and the supplementary information in the booking basis (such as a description of the city and an explanation of the classification) to the extent that the customer is in possession of them. 2.2 Travel agents – with the exception of LTM – shall not be authorised to make agreements or give information or assurances that amend the agreed to content of the agreement, go beyond the contractually promised services of the AF or are contrary to the description of the accommodations. 2.3 Information given in hotel guides and similar lists not edited by LTM or the AF shall not be binding on the AF and its obligation to render services, if it was not made the content of the obligation to render services of the AF by an explicit agreement with the guest. 2.4 Accommodations can be booked verbally, in writing, by phone, by fax or electronically (email or internet). If accommodations are booked electronically, the guest receives electronic confirmation of receipt of the booking without delay. 2.5 The guest or other client of the booking (companies, associations or persons responsible in the group) who book for fellow passengers have to be responsible for all contractual obligations of booked guests just like their own, provided that they have accepted this obligation by an explicit and separate declaration. 2.6 The agreement shall materialise when the declaration of acceptance is received (that does not require any form) with the consequence that verbal and phone confirmation are legally binding on the guest and the AF. Generally, the AF or LTM as its agent shall also send a written copy of the booking confirmation to the guest. 2.7 If the content of the confirmation of booking differs from the content of the booking, this shall constitute a new offer from the AF. The agreement shall materialise based on this new offer if the guest declares acceptance by explicit declaration, a down payment, the remaining payment or by using the accommodations. 2.8 If the AF or LTM makes a special offer at the request of the guest or client, this shall constitute a binding offer for an agreement of the AF to the guest or client as a departure from the above regulations. In these cases, the agreement shall materialise without requiring the corresponding reconfirmation if the guest or client accepts said offer within the period specified in the offer without restrictions, modifications or extensions by explicit declaration, down payment, remaining payment or by using the accommodations. 3. Reservations 3.1 Non-binding reservations that justify free withdrawal are only possible if the customer has an explicit agreement with LTM or the AF. 3.2 If a non-binding reservation is not explicitly agreed to, booking accommodations pursuant to item 1 of these terms and conditions shall always lead to a legally binding agreement for the AF and the guest/client. 3.3 If a non-binding reservation has been agreed to, the guest/ client has to notify LTM by the agreed to point in time if the reservation should be treated as a binding booking. If this is not done, the reservation is rendered invalid without LTM or the AF having any further notification obligations. If notification is made on time, the booking shall become binding regardless of any booking confirmation from LTM or the AF. 4. Prices, Services and Changing Reservations 4.1 In the absence of any other agreements on incidental expenditures, the prices given in the brochure are final prices including statutory value-added tax and all incidental expenditures. There may be separate remunerations for services charged according to consumption (such as electricity, gas, water or fireplace wood) and for optional or additional services and they may be separately invoiced. 4.2 All services owed by the AF are to be found in the content of the booking confirmation in connection with the valid prospect or building description including any supplementary agreements explicitly made with the guest/client. We recommend that the guest/client make supplementary agreements in writing. 4.3 The AF can demand a remuneration amounting to 15 euros for changing reservations for each change process (changes with reference to the date of arrival and departure, the length of stay, the type of board, with added booked services and other supplementary services) for which there is no legal claim for doing this. This shall not apply if the change is only slight. 5. Payment 5.1The due date for the down payment and remaining payment shall depend on the regulation made with the guest or client and noted in the booking confirmation. If no special agreement was made, the entire price for the accommodation including the remunerations for incidental expenditures and added services shall be due for payment at arrival and paid to the AF. 5.2 LTM as the authorised collecting agent of the AF or LTM itself can demand a down payment of 10% of the total price even without an explicit note in the booking confirmation. 5.3 Payments cannot be made in foreign currencies or with collection-only cheque. Credit card payments can only be made if this was agreed to or generally offered by the AF by notice board publication. Payments cannot be made by transfer at the end of the stay. 5.4 If payment has been agreed to with the guest or client according to invoice, the entire invoiced amount shall be due for payment 10 days after the invoice date in the absence of any other statement. 5.5 The guest and client shall be in default without warning if invoiced amounts due for payment are not settled within 30 days after receipt of the invoice. 8% interest above the basic interest rate shall be paid on the AF’s claim with companies and 5% interest shall be paid with consumers. The AF shall reserve itself the right to assert further losses. 6. Withdrawal and Not Arriving 6.1 In the event of withdrawal, the AF shall continue to have a claim to payment of the agreed to price for staying in the accommodations including the share of board and remunerations for added services. 6.2 The AF has to put in its best endeavours to find another utilisation for the accommodations in the framework of its ordinary business operations without being obliged to put in special efforts and taking the particular nature of the accommodations booked into consideration (such as a non-smoker room or family room). 6.3 The AF has to count other occupancy and, assuming that it is not possible, saved expenditures. 6.4 The guest or client has to pay the following sums to the Small Hotel according to the percentage rates recognised by legislation for assessing saved expenditures with reference to the total price of the accommodation services in each case (including all incidental expenditures), however without taking any public charges into account such as tourist centre charges or visitor’s tax: – with holiday flats/accommodations without board 90% – with overnight stay/breakfast 80% – with half-board 70% – with pension 60% 6.5 The guest/client shall be explicitly reserved the right to prove to the AF that the expenditures it saved are substantially higher than the deductions included above or that the accommodation services were used otherwise. In the event that this can be proved, the guest or client shall only be obliged to pay the correspondingly lower sum. 6.6 We urgently recommend taking out trip cancellation insurance. 6.7 The declaration of withdrawal shall be sent to LTM (not to the Small Hotel) for reasons of booking and in the interest of the guest it should be in writing. 7. Arrival and Departure 7.1 The guest has to arrive at the agreed to point in time, no later than 6 p.m. in the absence of any special agreement. 7.2 The guest shall undertake to notify the AF, not LTM, of any delay not any later than at the agreed to point in time of arrival. If notification is not provided on time, the AF shall be entitled, although not obliged, to otherwise occupy the accommodations. 7.3 The guest has to depart at the agreed to point in time, no later than 11 o’clock on the day of departure in the absence of any special agreement. If the accommodations are not vacated on time, the AF can demand an appropriate additional remuneration. The AF shall reserve itself the right to assert further loss. 8. The Customer’s Obligations and the AF Serving Notice 8.1 The guest shall only treat accommodations and their furnishings including any available furnishings of the Small Hotel itself (such as the swimming pool or sauna) as intended in accordance with the rules of use and altogether they should be treated carefully. 8.2 The guest shall notify the AF of any defects or disturbances without delay and request remedy. It is not sufficient only to notify the tourist office of defects. If the guest is culpable of not providing notification of defects, the guest’s claims may be rendered totally or partially invalid. 8.3 The guest can only serve notice on the agreement if there are substantial defects or disturbances. The guest has to first give the AF an appropriate extension for remedying in the framework of the notification of defects unless the remedy is impossible, the AF refuses to do so or if serving notice immediately is objectively justified by a special interest of the guest that the AF can recognise or these reasons make continuing the stay objectively unreasonable for the guest. 8.4 The AF can serve notice on the guest accommodation agreement without maintaining a period if the guest persistently disturbs the operation of the AF or carrying out the stay or if the guest acts in breach of contract to such an extent notwithstanding any warning from the AF that it is justified to immediately cancel the agreement. If the AF serves notice, the provisions in item 6 shall apply to the AF’s claim to payment accordingly. 9. Liability 9.1 The AF’s contractual liability for damage that is not personal injury shall be limited to three times the price for staying in the accommodations, if the AF neither causes the damage to the guest intentionally nor with gross negligence or if the AF is responsible for damage that a guest incurs solely because of the culpability of a vicarious agent. 9.2 Any innkeeper’s liability of the AF for things brought in pursuant to Section 701 ff. of Bürgerliches Gesetzbuch (German Civil Code) shall remain unaffected by this regulation. 9.3 The AF shall not be liable for default in performance in connection with services that are only mediated during the stay and are recognisable as services rendered by a third party to the guest/client (such as athletic events, visits to the theatre or exhibitions). The same shall also extend to services rendered by a third party that were mediated together with booking the accommodations, if they are explicitly labelled as services rendered by a third party in the description or booking confirmation. 10. Limitation of Actions 10.1 The claims of the guest/client against the AF from the hotel contract and against LTM from the mediation agreement, regardless of the legal grounds – however, excluding the claims of the guest/client from unallowed actions – shall be statute-barred after one year. 10.2 The limitation of actions shall begin at the end of the year when the claim was incurred and the guest and the AF (as the party liable) become aware of circumstances that justify the claim or would have to become aware of this without gross negligence. 10.3 If negotiations are pending between the guest and the AF or LTM on claims asserted or the circumstances justifying the claim, limitation of actions shall be suspended until the guest or the AF (or the tourist office) refuses the continuation of negotiations. The above period of one year for limitation of actions shall go into effect no earlier than 3 months after the end of suspension. 11. Choice of Law and Venue 11.1 Only German law shall apply to the contractual relationship between the guest or client and the AF or LTM. The same shall also apply to the miscellaneous legal relationship. 11.2 In the event that German law is not applied abroad with admissible civil action of the guest or client against the AF or LTM for their liability on the merits, only German law shall be applied with reference to the legal consequences, in particular with reference to the type, scope and amount of the guest’s claims. 11.3 The guest or client can only sue the AF or LTM at its headquarters. 11.4 The customer’s legal residence shall be authoritative for the civil action of AF or LTM against the guest or client. The headquarters of the AF shall be agreed to as the venue for civil action against the guests or clients who are merchants, legal entities of public or private law or persons who have their legal residence or usual place of residence abroad, or whose legal residence or usual place of residence is unknown when civil action is lodged. 11.5 The above provisions shall not apply if and to the extent that provisions of the European Union or other international provisions that are applicable to the agreement and not subject to being contracted away are applicable. © These travel terms and conditions are copyrighted; Attorney-at-law Noll, Stuttgart, 2006. The mediating tourist office is: Leipzig Tourismus und Marketing GmbH Augustusplatz 9 Leipzig, Germany 04109 Phone: +49(0)341 710-4255 Fax: +49(0)341 710-4253 E-mail: Zimmer@ltm-leipzig.de
Leipzig | Travel Conditions Please bear the fact in mind that the German version of these general terms and conditions is legally binding and the translation is only provided for your comprehension. 1. Purpose of the Contract and the Status of the Contractual Parties 1.1 The client wishes to carry out a package tour or otherwise perform tourist services for final customers as a responsible package tour operator pursuant to Section 651 a ff. of Bürgerliches Gesetzbuch (German Civil Code). For this purpose, it contracts Leipzig Tourismus und Marketing GmbH to procure the needed tourist services pursuant to the provisions of the contract hereto. 1.2 Leipzig Tourismus und Marketing GmbH is not the tour operator or co-operator of the trip planned by the client. The client is the tour operator solely responsible to the travel customers as defined by Section 651a ff. of Bürgerliches Gesetzbuch (German Civil Code). 2. Concluding Contract and the Basis of the Agreement 2.1 The agreement only materialises with the written confirmation of Leipzig Tourismus und Marketing GmbH to the client. 2.2 Incidental arrangements, modifications or supplements shall require the written form to be valid that Leipzig Tourismus und Marketing GmbH can provide with one-sided modifications in or supplements to booking confirmations. 2.3 The contractual relationships are primarily dictated by the specifically made agreements and these booking conditions. The statutory regulations apply alternately over the contract for services. 3. Services 3.1 The services to be performed by Leipzig Tourismus und Marketing GmbH consist of procuring tourist services that the client uses for constructing a package tour it is planning or for other purposes. 3.2 The services to be performed by Leipzig Tourismus und Marketing GmbH are to be found exclusively in the booking confirmation and documents explicitly referred to therein. 3.3 Other prospects, statements and assurances of third parties, in particular the organisation rendering services, shall only be binding on Leipzig Tourismus und Marketing GmbH with an explicit written confirmation from it. 3.4 In the absence of explicit agreements, the services of Leipzig Tourismus und Marketing GmbH shall not include legal consultation of the client with reference to planning its travelling activities, handling booking, the layout of its trip description or in any other respect. 4. Down Payment, Remaining Payment and Price Increases 4.1 When the agreement is signed, the down payment designated in the booking confirmation shall be due for payment without further request. 4.2 The remaining payment shall be due for payment as stated in the booking confirmation. In the absence of any specific agreements, this shall be purely met no later than when invoices are rendered 28 days before commencing performance. 5. Services Not Claimed 5.1 If the client does not claim any or only parts of agreed to services, he shall still be legally obliged to pay the agreed to total price without it being of importance why services were not claimed unless not claiming services arises from defects that Leipzig Tourismus und Marketing GmbH is responsible for or Leipzig Tourismus und Marketing GmbH is responsible for the fact that it is impossible to perform services. 5.2 Saved expenditures shall be deducted from the full remuneration that Leipzig Tourismus und Marketing GmbH is entitled to in this case as soon as and to the extent that they were reimbursed to Leipzig Tourismus und Marketing GmbH by its contractual parties. 5.3 If Leipzig Tourismus und Marketing GmbH can otherwise utilise services not claimed, the remuneration obligation for services not claimed shall be rendered invalid. 5.4 Other cancellation (withdrawal) regulations agreed to in writing shall remain unaffected by the above provisions. 6. Serving Notice or Withdrawing from the Agreement 6.1 Withdrawal from the signed agreement shall be ruled out in the absence of any other explicit written agreements. Partial withdrawal or partial notice served on specific services shall be particularly ruled out in the absence of any other explicit agreements. 6.2 The right to serve notice or withdraw from the agreement as per the custom of the trade shall be explicitly ruled out. 6.3 After commencing the service, the client can only serve notice if there are substantial defects in the service or miscellaneous disturbances in the service that Leipzig Tourismus und Marketing GmbH is responsible for. In this event, it is only permissible to serve notice after setting an appropriate extension for rectifying the defects or disturbance unless a particular interest on your side justifies serving notice immediately. 6.4 Leipzig Tourismus und Marketing GmbH shall be entitled to withdraw from the agreement or to serve notice on the agreement in the following cases: a) if performance of the service is impossible for reasons beyond the control of Leipzig Tourismus und Marketing GmbH b) if the client or its travel customers substantially violate the obligations from this agreement or the concerns of Leipzig Tourismus und Marketing GmbH c) if the down payment or remaining payment is not received by Leipzig Tourismus und Marketing GmbH as per the agreement and on time after a warning and setting an extension. 7. The Client’s Obligations 7.1 If there are defects or disturbances in the performance of the service by Leipzig Tourismus und Marketing GmbH, the client shall undertake to notify Leipzig Tourismus und Marketing GmbH or its agents or organisations rendering services of them without delay and demand remedy setting an appropriate extension. 7.2 The client shall only have warranty rights if the defect or disturbance is not rectified within an appropriate extension. 7.3 The client shall be explicitly prohibited from submitting any declarations for legal transactions in the name of Leipzig Tourismus und Marketing GmbH to its travel customers, particularly designating Leipzig Tourismus und Marketing GmbH as the contractual party and/or tour operator of the travel customer. Any mention of Leipzig Tourismus und Marketing GmbH by name in the trip description or miscellaneous documents that the travel customer becomes aware of shall require the prior written permission of Leipzig Tourismus und Marketing GmbH. Appropriate samples shall be submitted. 7.4 The client is aware of the fact that the link of the service to be performed by Leipzig Tourismus und Marketing GmbH for the client with other tourist services generally means that the client becomes the tour operator in relation to the travel customer as defined by Section 651 a l of Bürgerliches Gesetzbuch (German Civil Code) and is liable to its travel customers pursuant to said regulations. 7.5 In this event, the client shall be referred to the necessity of third-party liability insurance for personal injury and property damage for tour operators and the mandatory statutory regulations on safeguarding the client’s money (Section 651 k of Bürgerliches Gesetzbuch – German Civil Code and Section 147 b of the Gewerbeordnung – Industrial Code) and the Informationsverordnung für Reiseveranstalter (the Information Ordinance for Tour Operators). It warrants and assures that it will gather information on these statutory regulations on its own and comply with them if any are relevant. 7.6 The client shall exempt Leipzig Tourismus und Marketing GmbH from all detriments that it could incur from noncompliance with said statutory regulations. 8. Asserting Claims, Limitation of Actions and Liability 8.1 The client has to assert all claims towards Leipzig Tourismus und Marketing GmbH in connection with Leipzig Tourismus und Marketing GmbH performing services, regardless of the legal grounds, within two months after the end of performance provided for in the agreement. 8.2 The client’s claims towards Leipzig Tourismus und Marketing GmbH, regardless of the legal grounds – however excluding the client’s claims from unallowed actions and bodily injury – shall be statute-barred in one year. Limitation of actions shall commence at the end of the year when the claim was incurred and the client and Leipzig Tourismus und Marketing GmbH (as the opponent to the claim) become aware of the circumstances justifying the claim against Leipzig Tourismus und Marketing GmbH or would have to become aware of them without gross negligence. If negotiations are pending between the client and Leipzig Tourismus und Marketing GmbH on claims asserted or the circumstances justifying the claim, limitation of actions shall be suspended until the client or Leipzig Tourismus und Marketing GmbH refuses the continuation of negotiations. Limitation of actions of one year shall go into effect no earlier than 3 months after the end of suspension. 8.3 The contractual liability of Leipzig Tourismus und Marketing GmbH for damage that is not physical injury (including liability for violating obligations from preliminary, subsidiary or subsequent contracts) shall be limited to three times the price of the service to be performed by Leipzig Tourismus und Marketing GmbH notwithstanding other legally mandatory regulations for liability to the extent that a) the loss of the client or its travel customer was neither brought about intentionally nor with gross negligence by Leipzig Tourismus und Marketing GmbH, or b) Leipzig Tourismus und Marketing GmbH is solely responsible for damage the travel customer incurred due to the culpability of an organisation rendering services. 9. Venue 9.1 Only German law shall apply to the entire legal and contractual relationship between the client and Leipzig Tourismus und Marketing GmbH 9.2 The customer can only sue Leipzig Tourismus und Marketing GmbH at its headquarters. 9.3 The client’s legal residence shall be authoritative for civil action of Leipzig Tourismus und Marketing GmbH against the client. The headquarters of Leipzig Tourismus und Marketing GmbH shall be agreed to as the venue for civil action against clients that are merchants, legal entities of public or private law or persons who have their legal residence or usual place of residence abroad, or whose legal residence or usual place of residence is not known when civil action is lodged. 9.4 The above provisions shall not apply a) if and to the extent that something else results in favour of the client from provisions of international treaties that are applicable to the tourist travel agreement between the client and Leipzig Tourismus und Marketing GmbH and are not subject to being contracted away, or b) if and to the extent that provisions that are applicable to the tourist travel agreement and are not subject to being contracted away in a member state of the European Union that the customer belongs to are more in favour of the client than the above provisions or the corresponding German rules. © These travel terms and conditions are copyrighted: Leipzig Tourismus und Marketing GmbH and attorney-at-law Rainer Noll, Stuttgart, 2000–2006 Leipzig Tourismus und Marketing GmbH Registration court: AG Leipzig HRB 123 48 Augustusplatz 9, Leipzig, Germany 04109 Phone: +49(0)341 710-4275 Fax: +49(0)341 710-4251 E-mail: incoming@ltm-leipzig.de 75
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Leipzig Zoo, Gondwanaland Leipzig T
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Contents Leipzig | Welcome! 4 - 5 L
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“I come to Leipzig, a place where
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4 Wagner lovers and those who want
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A Celebration of Promenading! No ot
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2 1 Left: Always popular - the “P
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3 Design Highlights in October From
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1 2 Left: Monument to the Battle of
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Left: Gondwanaland, the tropical ex
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On the Trail of Lignite Overburden
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1 3 2 Left: Leipzig /Halle Airport
Page 23 and 24: August 2 - 11 Aug. | Classic Open M
Page 25 and 26: Our Partner Hotels Balance Hotel Le
Page 27 and 28: Music is in the Air Leipzig is alwa
Page 29 and 30: Leipzig at First Sight The city’s
Page 31 and 32: Panorama Artwork in Leipzig The art
Page 33 and 34: A Visit to the “Theatre of the Se
Page 35 and 36: A Zoo Outing Take your family to Le
Page 37 and 38: Battle of the Nations In and around
Page 39 and 40: Getting to Know Leipzig If you have
Page 41 and 42: Joyride Discover Leipzig by bus, on
Page 43 and 44: Naumburg - Freyburg Wine Growing on
Page 45 and 46: Leipzig | Walks and City Tours Expe
Page 47 and 48: “When a man comes to Leipzig for
Page 49 and 50: Leipzig | Hotels first class XX 07
Page 51 and 52: Leipzig | Hotels first class XX 19
Page 53 and 54: Leipzig | Hotels COMFORT XX 31 City
Page 55 and 56: Leipzig | Boarding Houses, Apartmen
Page 57 and 58: Leipzig | Boarding Houses, Apartmen
Page 59 and 60: The Region | Boarding Houses, Apart
Page 61 and 62: Leipzig | Restaurants Culinary High
Page 63 and 64: Leipzig | Restaurants 13 Zill’s T
Page 65 and 66: Leipzig | Museums, Theme park, Zoo
Page 67 and 68: Leipzig | Museums, Theme park, Zoo
Page 69 and 70: Leipzig | Cabaret, Revue Theatre, V
Page 71 and 72: 71 Klein Pösgraben Große Tensa Kl
Page 73: Leipzig | Network map, daytime Zone
Page 77 and 78: Leipzig | Travel Condtitions Please
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Leipzig Travel 2013/14

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