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Terms & Conditions
The travel terms amend Sections 651 et seq. German Civil Code (BGB) and regulate the legal relationships between you and us. They have been compiled on the basis of a recommendation of DRV (German Travel Federation) pursuant to Sect. 38 Economic Value Added (BGW) and are accepted by you upon booking. Any deviations in the respective travel description and the special catalogue notes take preference. Please read them carefully, as well as the subsequent text.
1. Registration and Confirmation
Upon booking (travel registration) you are offering us the conclusion of a
travel contract. Basis for this offer are the travel description in the
brochure and our possibly added information for the respective travel
component, provided it is available to you. The booking also applies to all
participants in the registration for whom you take responsibility if you have
received this responsibility by an explicit or separate statement. The contract
is concluded upon receipt of our statement of acceptance. Such does not require
the written form. Upon conclusion of contract, or shortly thereafter, we will
provide you with the printed travel confirmation. Hereto we are not obligated
if the booking is placed less than 7 working days prior to the beginning of travel.
In the event of a deviation of the content in the confirmation from the content
in the registration, there is a new offer to which we bind ourselves for the
duration of 10 days. The contract shall be made on the basis of this new offer,
if you accept it by explicit consent, down payment or remaining payment within
this binding period.
Please note our separately designated fees mentioned in point 5.2.
2. Payment
Payments of the travel price prior to the trip may only be made upon handing
out the chattel paper in accordance of Section 651 k Paragraph 3 BGB. If the
trip does neither last longer than 24 hours or neither includes an overnight
stay nor does exceed the travel price of EUR 75,-, the travel price may also be
requested without handing out the chattel paper.
Usually you are requested to pay 25% of the travel price upon closing of
contract. This down payment is allowed for the complete travel price. Please
pay the remaining travel price approximately 28 days prior to begin of travel.
In case of payment with credit card, your account will be charged automatically
at the respective due dates. You shall receive the travel documents after
payment from your travel agency.
There may be earlier requests for payment indicated in the brochure description
(e.g. for discount air fares, bookings at short notice i.e. 28 days or less
prior to the beginning of travel). In case of cancellation of the booking the
entire cancellation fees are due immediately.
a) Credit card
The down payment of 25% of the travel price is charged promptly to the credit
card upon closing of contract. The remaining travel price is debited
automatically approximately 28 days prior to the beginning of travel.
b) Credit transfer
The travel confirmation and the chattel paper are sent to the given address
together with the two remittance slips for the down payment and for the
outstanding payment. The down payment has to be transferred with the respective
booking reference number not later than10 days after the invoicing date. The
remaining travel price is due 28 days prior to the beginning of travel. In case
of non-payment (down payment or remaining payment), paying only partially or
not at due date we are entitled after the overdue notice to rescind from the
travel contract and to charge you the cancellation fees pursuant to clauses
5.1. and 18. If you have booked a holiday home the landlord is entitled to
demand an appropriate deposit for any service charges or any possible damages
upon handing over the holiday home.
We only accept credit card payment for bookings on short notice (28 days or
less days prior to the begin of travel) and for special travel components (e.g.
discount airfares) unless indicated otherwise (“SPEZIALTARIF”). If you need
more detailed information our service team is pleased to help:
Tel.: +49 69 9588-1912
(Monday to Friday 09:00 a.m. - 05:30 p.m. CET)
3. Travel itineraries and booked services
The scope of the booked travel services as contracted result from the
respective description in the brochure, the given general information and the
detailed information provided in the travel confirmation. These indications are
binding for us. We do, however, reserve the right to change these indications
before concluding the contract of travel for objectively valid, significant and
unforeseeable reasons. Certainly, we will give you notice about the changes
before booking.
4. Changes of Services and Prices
4.1 Changes of Services
Changes or deviations of single travel components from the agreed content of
the travel contract (e.g. changes of flight schedules or travel itineraries)
which were necessary after entering a contract and which were not caused by us
against good will and faith, are permitted, provided that these changes are not
substantial and limit the entire design of the journey. Any possible warranty
claims remain unaffected, provided that the changed services have deficiencies.
We will inform you immediately of any service changes or deviations. In case of
a substantial change of one or more travel components, you are entitled to
rescind from the contract without any cancellation fees or to demand the
participation in a travel component of an equivalent or higher value if we are
able to allocate the travel components without any additional costs. Please
claim these rights immediately after our statement about the changes of the
travel components, the whole journey or the cancellation of the journey.
4.2 Changes of Prices
We reserve the right to alter the prices which were advertised and confirmed in
the booking process in case of an increase in transport costs or a change of
the conditions for particular services, such as port and airport fees or an
alteration in the relevant exchange rate for the respective journey, as
follows:
In case of a change in currency exchange rates after conclusion of the contract, the travel price may be raised to the same extent as the cost of the journey have increased for us. An increase is only permissible if the time distance between the conclusion of the contract, we are entitled to increase the travel price proportionally.
Should the transport costs, in particular fuel costs, increase after conclusion of the travel contract, we are entitled to increase the travel price according to the following calculation:
a) In the case of an increase in the seat price, we may demand that the traveller pays the difference.
b) In other cases, the additional transport costs demanded per vehicle will be shared
based on seat numbers. We are entitled to request the price difference from the
traveller for their individual seat. Should existing costs, e.g. port or
airport taxes, be raised after conclusion of the contract, we are entitled to
increase the travel price proportionally.
In case of a change of the travel price after the conclusion of the contract we are
obliged to inform you promptly. Price increases occurring less than 20 days
before the departure date are invalid. Should the price be increased more than
5% you are entitled to withdraw from the contract without any fees.
Alternatively you are entitled to demand a travel component of an equivalent or
higher value if we are able to allocate the travel components without any
additional costs. Please claim your rights immediately upon receiving
notification of the change in services or cancellation of the journey.
5. Rescission by the Customer, Fees, Rebooking, Substitute Traveller
5.1 Rescission
You can rescind from the travel at any time prior to the begin of travel. You
have to state that rescission in written form to the address listed at the end
of this travel terms and conditions. If the journey was booked through a travel
agency, the rescission may also be declared there. It is recommended to declare
the rescission in written form.
If you rescind from the travel contract or do not start your journey we are
entitled to claim compensation for the travel arrangements and expenditures.
Please consider that our claims for compensation consist of regular saved
expenditures and possible other arrangements which have been made. The amount
of these cancellation fees are listed in the section 18 of these terms and
conditions. You have the right to prove that the damage was much smaller than
the claimed cancellation fees.
We reserve the right to demand a higher, more specific compensation as stated
in the section 18 of the terms and conditions. In this case we are obligated to
specify and quantify the requested compensation subject to the saved expenses
and other possible dispositions of the booked travel components.
5.2. Fees and charges
If you wish to change your reservation after booking concerning date of travel,
destination place of departure, accommodation or means of transportation, the same costs as in case of a cancellation will occur. Therefore we have to calculate the costs based on the same rates as for a cancellation at the time of rebooking. Please note the following scale of fees:
1. Manually issued bookings by the Service Team - provided that the desired hotel/date is bookable online - will be charged with a service fee of EUR 5,- per booking order.
2. Invoice changes will be charged with a handling fee of EUR 10,- per invoice document.
3. Reservation changes (arrival and departure date, room category, name changes) will be charged with handling fee of EUR 18,- per booking.
4. Cancellation fees will be charged with a fee of EUR 25,- per cancelled room. A change of reservation to another hotel will be treated as a cancellation.
5.3 Substitute
Traveller Until the beginning of travel each of the booked passengers may be
replaced by a third party as long as we are informed. We can however refuse to
substitute the passenger if this third person does not comply with travel
requirements or if his/ her participation is prohibited by law or official
(e.g. court) orders.
Please note: The air fare of airline tickets which had to be issued right after
booking is only valid at the time of booking. In case of rebooking the air fare
which has been confirmed primarily is not valid anymore. Generally, additional
costs might occur. This rule applies also for combined travel components and
therefore for the total amount of the travel price (e.g. if a flight ticket has
been combined with an accommodation or a rental car). You’ll receive more
information and restrictions that might apply to the ticket in the respective
air fare details.
If a substitute traveller enters into the contract, you and the substitute
traveller thereby accept being co debtor for the total amount of the travel
price and for the additional costs occurring by the entry of a third party into
the contract.
5.4 Written Form
Cancellations, rebooking and substitutions of travellers may be declared
informally but in your interest and for legal purposes we recommend to address
them in written form.
6. Not used travel components
If you were not able to use single travel components either because you have
returned home earlier or due to other urgent events/emergencies, you have no
right to claim for refund. However, we will endeavour to contact our service
providers to request for a refund of the saved expenses. This obligation does
not apply in case of negligible services or if a refund would contravene any
legal or official ordinance. In case of refunding original vouchers for travel
components which have been sold by us as broker (e.g. for hotel chains, car
rental) please refer to the sections 5.1 and 18 under “Cancellation" and
"Cancellation clauses".
7. Rescission and termination by the tour operator
We are entitled to rescind from the travel contract prior to travel in the
following cases or terminate the travel contract after begin of travel:
a) Without compliance of the agreed period of time, if the traveller is disturbing
strongly the accomplishment of the journey despite our warning or if he behaves
contrarily to the contract to an extent hat justifies the immediate termination
of the contract. If we terminate the contract, we reserve the right to claim
the travel price. However, we are obliged to count against the value of the
saved expenses and other advantages which we receive by an alternative
disposition of the travel components (including as well the amounts credited by
the service providers).
b) Until 28 days before the beginning of travel, in case of a non achievement of the
minimum number of participants (provided that in the travel description and the
travel confirmation there has been made a clear reference to the minimum number
of participants and the point in time until when we are obligated to give
notice as agreed in the contract). In any case we are obligated to inform you immediately
if the journey can’t be realised as a consequence of the above mentioned
requirements for the rescission. We are obliged to send you the cancellation
notice as soon as possible and will reimburse the payment of the travel price
immediately. In case of ascertaining apparently at an earlier point in time
that the minimum number of participants can not be reached, we shall inform you
about this immediately.
8. Rescission due to force majeure
If at the time of conclusion of the travel contract the journey is
substantially impeded, jeopardised or interfered by force majeure, you as well
as we may rescind the contract. If the contract is cancelled we may demand a
proportionate compensation for the travel services already provided as well as
for the outstanding travel components. We are obliged to take the required
measures to provide you with the transportation back home, particularly if the
individual contract includes the conveyance. The additional costs of
transporting travellers back home have to be shared 50/50 by us, DERTOUR, and
you, the customer. Any additional costs that have been incurred are at the
expense of the customer.
9. Liability of the Tour Operator (Liability Limitation)
9.1. Contractual Liability Limitation
Our contractual liability for damages which are not bodily damages is limited
to the triple travel price,
a) Provided that a damage to the traveller was not caused by us intentionally or through gross
negligence, or
b) Inasmuch as we are responsible for a damage caused to a traveller solely on the fault of a service provider.
9.2. Contractual Tort Liability Limitation
Our tort liabilities for damages which are not based on intent or gross
negligence are limited to the triple travel price. The maximum liability sum
applies respectively to each customer and travel. Any possible additional
claims in connection with travel luggage are untouched pursuant to the Montreal
Convention.
9.3. Liability Exclusion for External Services
We are not liable for service interruptions, personal and material damages
in connection with services which were only brokered as external services (e.g.
excursion, sport events, theatre visits, exhibits, transportation services from
and to the listed departure and arrival places), if these services were explicitly
listed in the travel description and the booking confirmation and by stating
the brokered contract partner as external service clearly as is not part of our
travel service.
However we are liable
a) for services which include transportation from the listed place of departure
of the travel to the listed travel destination, interim transportation during
the travel and the accommodation during the travel.
b) If and insofar as the damage that arose to you is a consequence of the
breach of duties of information or organisation by us.
10. Warranty
10.1 Relief and duty to participate
In the event that the journey is not performed as contractually agreed you are
entitled to request relief. Hereto your participation is required – regardless
of our primary duty to perform. For that reason you are obligated to do all in
your power to contribute to the removal of the defect and to keep the possibly
arising damage to a minimum or to prevent it. You are especially obligated to
state your complaints immediately. Please contact hereto your local
representative at the respective travel destination (see travel documents). If
the travel documents do not contain any information regarding local
representatives, please get in contact with us as soon as possible! You can
reach TRADEFAIRS.com under the phone number +49 69 9588-1912 and/or under the
number stated in your travel documents:
Monday - Friday 09:00
a.m. 05:30 p.m. CET
Fax +49 69 9588-1913
Please indicate in any event the travel number listed in the voucher/rental agreement
as well as the travel destinations, the travel data, and the above-stated
extensions.
10.2 Reduction of the Travel Price
For the duration of a non performance of service which have been agreed
contractually you can claim a respective reduction of the travel price
(reduction). The refund will not be given if you are guilty of neglecting the
indication of the deficiencies.
10.3 Termination of the Contract
If the journey is substantially limited due to a deficiency and if we do not
remedy the claim within an appropriate period of time, you are entitled to
terminate the contract pursuant to the legal travel terms and conditions of the
travel contract. In this case you owe us the amount of the already provided
travel components provided that this service was not meritless to you.
10.4 Claims for Damages
Regardless of the reduction or the termination you are entitled to claim
damages for non-performance, unless we are not responsible for the damage of
the trip.
10.5 Lost, damaged or delayed luggage
In the event of a damage, loss or delay of luggage we recommend urgently to
report the claim to the respective airline by use of a notice of claim
(P.I.R.). Usually airlines refuse an adequate compensation if the PIR has not
been filled out. In case of a loss of luggage the notice of claim has to be
filled out within 7 days after handing over the notice of claim. In case of
luggage delay the claim has to be filled out within 21 days after handing over
the PIR. Furthermore, the loss, the damage or delay of luggage has to be
reported to the local representation or the tour guide of the tour operator.
11. Exemption of claims and statute of limitation
You can report any claims of non-performance of contractually agreed travel
components within one month after the contractually scheduled termination of
the travel. Upon expiration of that period you can only file claims if you were
indisposed from keeping the date limit without fault. However, this does not
apply for the period of indicating luggage damages, delivery delays of luggage
or loss of luggage in connection with flights. In your own interest you should
assert your claims in written form. Your claims have a statute of limitation of
one year pursuant to Sections 651 c until 651BGB (German Civil Code).The statute
of limitation begins with the day in which the travel should have ended
pursuant to contract. If there are negotiations between you and us regarding
the claim or the facts substantiating the claim, then the statute of limitation
is stopped until you or we refuse the continuation of the negotiations. The
statute of limitation shall commence at the earliest 3 months after termination
of the interruption.
12. Obligation to Provide Information about the Identity of the Executive Aerospace
Company; (so-called "Black List")
Under EU directives regarding the provision of information for air passengers
about the identity of the aerospace company involved in their flight, we are
obliged to inform you of the identity of the operating airline, as well as all
other air travel components combined with the booked flight. Should the
operating airline not be known at the time of booking, we are obliged to name
to you the airline or airlines that will most likely be operating your flight.
We will let you know immediately when we know which airline will be providing
the flight. Should the operating airline change from the one initially named,
we will inform you of this change without delay. The so-called “Black List” may
be found on the following website, among others:
http://ec.europa.eu/transport/air-ban/doc/list_en.pdf
13. Regulations regarding passport, visa, customs, currency and health
13.1 We are obligated to inform citizens of a state of the European
Union in which the travel is being offered about the regulations pertaining to
passport, visa, and health regulations prior to the conclusion of the contract
as well as about any possible changes prior to the beginning of the travel. For
citizens of other states the respective consulate will provide that
information. It is thereby expected that no special cases are at hand regarding
your person and any possible fellow travellers (e.g. double nationality,
stateless state).
13.2 The procurement and carrying along of the necessary travel
documents, any possible vaccinations as well as the observance of customs and
currency regulations are entirely your responsibility. Any disadvantages which
result from non-compliance of these regulations, e.g. the payment of
cancellation costs shall be borne by you. This does not apply in case that we
are fault for not informing you, or insufficiently or wrongly.
13.3 We do not accept liability for the issuing of visas on time by the
relevant diplomatic representatives or for your access to them, even if you
have charged us with the provision of the documents. We are liable when we are
guilty of violating our own obligations.
14. Venue
German law applies exclusively to the contractual relationship agreed with you.
This also applies to the entire legal relationship. In case that you file a
lawsuit against us abroad for the liability to which German law does not apply,
the German law applies yet again regarding the legal consequences, especially
regarding form, scope, and amount of claims.
15. Insurances
15.1 Insolvency Insurance
We are only entitled to request from you payment of the travel prices if it is
ensured that in case of cancellation of the travel services due to inability to
pay or insolvency of the travel company the paid travel price and necessary
expenses for the return of the travel are going to be reimbursed (Sect. 651 k
BGB). Consequently we have closed insolvency insurance at Deutsche
Reisepreis-Sicherungsverein WaG (DRS). The insurance certificate which ensures
you in case of inability to pay or insolvency of the travel company the direct
claim against the insurer will be sent to you no later than with the shipping
of the travel documents.
15.2 Travel Insurance
Please take into account that the travel prices listed do not include a travel
cancellation insurance (RRV) and/or additional costs for insurance (incl.
alternate travel). If you rescind from your travel prior to the beginning of
travel, we will claim cancellation costs. In case of travel cancellation you
might have additional return costs and other charges. For that reason we
recommend the conclusion of a special DERTOUR Travel Insurance at EUROPÄISCHE
Reiseversicherung AG. It covers the travel cancellation insurance and broad
services including an emergency telephone number operating day and night.
16. Place of Jurisdiction
16.1 The place of jurisdiction for claims brought against us by our
customers is Frankfurt am Main.
16.2 It has also been agreed that Frankfurt am Main is the place of jurisdiction
for claims brought against customers and other partners in the travel contract,
including traders, juristic persons of public or private status or people who
live abroad or whose habitual residence is not known at the time of institution
of proceedings.
16.3 The regulations above do not apply,
a) if and in so far as other conditions apply to the travel contract for the
benefit of the customer, which are covered by contractually incontestable
regulations made by international agreement, or
b) if and in so far as conditions apply to the travel contract that were set
out in contractually incontestable regulations made in the EU country in which
the customer resides are of a higher benefit for the customer than the
aforementioned regulations or the corresponding German provisions.
17. Data privacy
All data provided by you which are important to handle the booking process and
the journey are protected against violation according to the German law.
18. Cancellation clause
(see clause 5.1)
The amount charged in case of a cancellation depends on the respective travel
component. Further information about the cancellation fee for each travel
component can be found in the detailed description in the brochure. Please note
that the details contained in the description may be subject to variation. If
you have combined several travel components (e.g. flight and tour) the
cancellation fees have to be calculated separately and added subsequently.
