Terms and Conditions for Tours offered by Stadt und

Terms and Conditions for Tours offered by Stadt und Land Reisen GmbH
Dear Traveller,
The following provisions apply to tour packages (total travel-related services as defined in
§651a(1) of the German Civil Code (BGB)) offered by Stadt und Land Reisen GmbH,
hereinafter referred to as "Stadt und Land Reisen", offered in its own name and on its own
account. They constitute a component of the tour contract made between you, hereinafter
referred to as the "customer" and “Stadt und Land Reisen” to the extent permissible by
law. They supplement the statutory provisions of §§65a ff. BGB and the information
requirements for Stadt und Land Reisens per §§4-11 BGB Information Regulations.
Please read the following terms carefully before booking a package travel offer!
1. Completion of Travel Contract
1.1. The submission of a booking request by the client represents an offer to Stadt und
Land Reisen to complete a binding tour contract in accordance with the given tour
description. The booking can be made verbally, by phone, in writing, by fax or by
electronic means (email, website). If the customer does not have access to these travel
and payment conditions when booking by telephone, Stadt und Land Reisen will provide
these with the confirmation/invoice. The organisation of group tours (min. of 10
participants) requires prior coordination between Stadt und Land Reisen and the service
providers. The registration of customers for group tours is binding only after Stadt und
Land Reisen approves the package. The customer will be informed without delay whether
the package has been approved or not. Booking a group tour requires the designation of
one traveller in the group as contact person/group leader.
1.2. The tour contract takes effect once the booking is accepted by Stadt und Land
Reisen. Notices of acceptance not requiring a special form will be sent by Stadt und Land
Reisen in the form of a travel confirmation/invoice.
1.3. The customer is liable for the contractual obligations of all passengers he or she has
registered if the customer has assumed such obligation by express declaration.
1.4. If the contents of the tour confirmation deviate from the contents of the booking
request, this represents the provision of a new offer by Stadt und Land Reisen which it is
bound to honour for a period of 10 days. The contract comes into force on the basis of this
new offer if the customer expressly accepts the package within the offer period, pays the
package price or gives consent to a bank debit.
1.5. Travel organisers (e.g. travel agencies) and service providers (e.g. hotels, transport
companies) are not authorised by Stadt und Land Reisen to enter into agreements,
provide information or make assurances which amend, exceed or contradict the services
covered and described in the tour contract with Stadt und Land Reisen.
1.6. Locale and hotel brochures and website descriptions not published by Stadt und Land
Reisen in direct connection to the travel packages offered in its own name and on its own
account are not binding on Stadt und Land Reisen and its service obligation if not
expressly included in the travel agreement with the customer as a part of the travel
package or services to be provided by Stadt und Land Reisen.
1.7. Data provided to the Stadt und Land Reisen is protected under the German Data
Protection Act.
1.8. Stadt und Land Reisen recommends that the client take out travel cancellation
insurance in accordance with applicable insurance conditions upon making a tour booking.
Travel insurance is not included in the tour price.
2. Payment
2.1. Customer payments towards the package price are covered by a bond set forth in
§651k BGB, notice of which is issued with the confirmation notice/invoice. A deposit of
20% of the package price must be paid when booking. The deposit will be credited
towards the package price. If the customer has taken out a travel cancellation policy
against Stadt und Land Reisen, the agreed insurance premium comes due in full.
2.2. When booking, the customer also agrees to pay
a.) by electronic direct debit (ELV) by providing information for a German bank account
and consent to a direct debit; or
b.) by credit card by providing the required credit card information.
The direct debit of the payment from the designated account or the credit card charge will
be made by the relevant due date.
2.3. The remaining balance will be shown on the confirmation/invoice and will be due 35
days before the beginning of your journey. A joint invoice will be created for group tours or
several travellers booking together and provided to the customer. Individual invoicing of
participants travelling together is not possible.
2.4. The travel documents will be sent or handed to the customer after the payments have
been received by Stadt und Land Reisen as reported in the confirmation/invoice. The
customer shall inform Stadt und Land Reisen if the travel documents have not been
received within a week after the debit or credit card charge or immediately for short-notice
bookings.
2.5. If the agreed deposit or the package price is not paid in full before the default date or
before travel commences for last-minute bookings, Stadt und Land Reisen may terminate
the tour contract, even if a bond has already been issued or Stadt und Land Reisen is
ready and able to provide the contracted service, and claim damages against the
customer in the amount of the corresponding cancellation fees, provided the cancellation
is not the result of existing non-conformity with the tour package as contracted. If Stadt
und Land Reisen has to send a request for payment after the due date, it is entitled to
impose a fee of €15.00.
3. Services Included
3.1. The scope of the services described by Stadt und Land Reisen which serve as a basis
for the contact and the information contained in the confirmation/invoice are binding.
Additional agreements which change the scope of the contracted services require express
confirmation.
3.2. The trip begins and ends on the arrival and departure dates as listed in the package
specifications and as indicated by the customer when the booking is made. The customer
has claim to the tour services only on the days and times as specified in the travel
documents.
3.3. Agencies and/or service providers may accept special requests only if they are
specified as non-binding and voluntary. Stadt und Land Reisen will strive to meet any
customer's requirements for special unadvertised services, if possible. Agencies and/or
service providers are not authorized to enter into alternative agreements or commitments
without confirmation by Stadt und Land Reisen.
3.4. Discounts available to children are specified in the booking notes and price tables.
Eligibility shall be based on the age upon commencement of the package. For example,
for discounts available to children ages 4 to 11, this includes the period from the 4th
birthday to the day before the 12th birthday. Stadt und Land Reisen or an agent authorised
by Stadt und Land Reisen is entitled to verify the age of the child on the basis of
identification documents. If the age does not match the age listed when the booking was
made, Stadt und Land Reisen is entitled to charge the customer difference between the
price paid and the correct travel price plus a handling fee of €20.00 per child. Discounts
are applicable to fellow travellers paying the full tour price.
4. Amendments to Services and Prices
4.1. Changes to a key part of the tour package from the content agreed in the tour contract
which become necessary after the contract has been concluded and were not made by
Stadt und Land Reisen in bad faith are permitted to the extent such changes are not
substantial and do not affect the overall character of the trip.
4.2. Potential guarantee claims remain unaffected if the changes to the package prove to
be deficient.
4.3. Stadt und Land Reisen is obliged to inform the customer of significant changes to the
package immediately after becoming aware of the reason for said change.
4.4. In the event of a substantial change of a key part of the package, the customer is
entitled to withdraw from the contract or to demand participation in a package of an equal
or higher value, if Stadt und Land Reisen is in a position to offer such a package without
additional cost to the customer from their offerings. The customer shall exercise these
rights as listed above immediately after being informed by Stadt und Land Reisen of the
change to or cancellation of the travel package.
4.5. In the event fees for certain services, such as airport fees, fuel costs, room and city
taxes increase, Stadt und Land Reisen reserves the right to change the advertised prices
confirmed with the booking to the extent the per-person package price increases. A price
increase is permitted only if there are four months between the conclusion of the contract
and the agreed travel date and Stadt und Land Reisen informs the customer of the
changes immediately, but no later than 21 days before the tour start date. In the event the
price increase of the travel package exceeds 5%, the customer is entitled to withdraw from
the contract or to demand participation in a package of an equal or higher value, if Stadt
und Land Reisen is in a position to offer such a package from its tour portfolio at no
additional cost.
5. Cancellation by the Customer / Cancellation Costs, Substitute
5.1. The customer may cancel the package at any time before the start of the trip. The
cancellation must be made to Stadt und Land Reisen at the address listed below with the
booking reference number. It is strongly recommended to make the cancellation in writing.
The timing of the cancellation will be considered the date Stadt und Land Reisen receives
your notice of cancellation.
5.2. If the customer cancels the contract or does not begin the tour, Stadt und Land
Reisen loses its claim to the agreed package price. Instead Stadt und Land Reisen, if not
responsible for the cancellation or in the case of force majeure, shall be entitled to demand
adequate compensation for the travel preparations undertaken prior to the cancellation
and the expenses incurred based on the specific package price. The corresponding
cancellation fee is due immediately after you receive your cancellation fee invoice. Stadt
und Land Reisen shall be entitled to collect this same amount from the customer's
designated bank account or credit card. If at the time of cancellation the package price has
already been paid in full and in certain circumstances a refund is due the customer, the
customer shall provide bank account information when giving notice of cancellation so that
the refund amount may be transferred accordingly.
5.3. The customer may provide evidence that Stadt und Land Reisen has incurred no or
significantly lower costs than those shown in the flat fees listed below. In this case, the
customer is entitled to pay the lower costs and not obliged to pay if no damages have
occurred. Stadt und Land Reisen reserves the right to claim higher, more concrete
damages differing from the amounts listed below. In this instance, Stadt und Land Reisen
is required to quantify the damages claimed taking into account the cost savings and
potential re-use of the contracted travel services.
5.4. Stadt und Land Reisen has devised the following schedule for its cancellation fee
based on stated percentage of the total tour price and the number of days’ notice of
cancellation is received before the scheduled tour start date: In addition, section 5.6
applies. The customer is obligated to pay as follows:
up to 30 days before departure 20% of the package price,
up to 22 days before departure 30 % of the package price,
up to 15 days before departure 40 % of the package price,
up to 7 days before departure 60 % of the package price,
up to 1 days before departure 80 % of the package price,
on the day of departure or no show 100% of the package price,
less any premium for travel insurance taken out when the package was booked. The
insurance premium must be paid in full even if the package is cancelled. The amount paid
shall be refunded less the percentage listed in the above schedule; the amount withheld
from the refund shall be subject, however, to a minimum of €25.00 per person. The tour
price calculated for group bookings includes any additional services arranged by Stadt und
Land Reisen in the agreed accommodations. Stadt und Land Reisen is entitled to waive
cancellation fees for group tours cancelled up to 31 days before departure.
5.5. In the event of a cancellation, all tickets or vouchers for transportation services (but
not airline tickets, see 5.6.) shall be returned non-validated. Failure to return these tickets
and vouchers entitles Stadt und Land Reisen to deduct 100% of their value from any
refund due the customer per section 5.4. The cancellation fee in this case would be
calculated as follows: The customer shall reimburse Stadt und Land Reisen 100% of the
portion of the price attributable to the transport service plus 100% refund for already
booked events or air tickets (see section 5.6.) plus the percentage of the remaining tour
price as set forth in section 5.4. If a bus or rail travel package is cancelled with the return
of non-validated tickets or vouchers, Stadt und Land Reisen is entitled to levy a processing
fee of €15.00 for the necessary correspondence with the transport companies.
5.6. Event tickets of any kind, for example for musicals, opera, theatre and other events,
and airline tickets and vouchers for such services are not refundable whether for individual
or group tour bookings.
5.7. In such instances, and provided it is requested to do so by the client, Stadt und Land
Reisen will endeavour to resell the tickets. The sales price achieved shall then be
deducted from the cancellation fee calculated per section 5.6 less a processing fee of
€20.00 each. Stadt und Land Reisen is under no obligation to resell event or flight tickets
already booked and confirmed by the customer.
5.8. Up until the start of the tour the traveller is entitled to request that the rights and
obligations set out in the travel contract be assumed by a third party instead of the traveller
themselves per §651b BGB. Stadt und Land Reisen is entitled to oppose the entry of the
third party into the contract if that third party does not fulfil the specific tour requirements or
their participation is in conflict with statutory regulations or administrative orders. If they
enter into the contract, the third party and the original customer of Stadt und Land Reisen
are liable as co-debtors to the Stadt und Land Reisen for the tour price and any additional
costs which arise as a result of the entrance of the third party into the contract.
5.9. If two or more persons have jointly booked one or more double or shared rooms and a
substitute traveller has not been named to replace the participant who cancelled, Stadt
und Land Reisen is entitled to charge the full fare. Stadt und Land Reisen is also entitled,
but is not obliged to provide the remaining participants in alternative accommodations. If
the package price is reduced by the use of alternative accommodations, Stadt und Land
Reisen shall refund the customer the difference minus a processing fee of €20.00. If the
number of participants in a group tour changes by participant cancellations to such an
extent that a different price level has been reached or the group no longer constitutes the
minimum number of participants, the respective lower or higher tour price shall be invoiced
or refunded. If a group tour falls below the minimum number of participants (10 people),
the entire trip as booked shall then be cancelled and Stadt und Land Reisen shall be
entitled to levy a cancellation fee as set forth in section 5.4. Stadt und Land Reisen will
nonetheless endeavour to offer the customer an alternative tour, if available, but no right to
such an offer is hereby created.
6. Changes to Bookings
6.1. If after a booking has been confirmed/invoiced changes to the travel dates, the
events, the place of departure or the desired mode of transport are desired, they will be
considered as re-bookings. The customer shall provide the booking number to allow
change requests to be processed. This does not apply to group bookings. Changes to
group bookings must always be coordinated with Stadt und Land Reisen. If a group tour
falls below the minimum number of participants (10 people), the entire trip as booked shall
then be cancelled and Stadt und Land Reisen shall be entitled to levy a cancellation fee as
forth in section 5.4. Stadt und Land Reisen will nonetheless endeavour to offer the
customer an alternative tour, if available, but no right to such an offer is hereby created.
6.2. Stadt und Land Reisen will make such re-bookings in accordance with section 6.1.
subject to availability through the 22nd day before the scheduled departure date for a flat
fee of €25.00 per person. Re-booking of event, rail or air tickets already ordered is
excluded. If Stadt und Land Reisen nonetheless is cognizant of an opportunity to resell the
tickets to third parties, it shall inform the customer immediately and demand immediate
return/transfer of any tickets/vouchers already in the customer's possession. In this case,
the change fee is increased by the proportion of the decrease in the package price related
to the airline or event cost. If such resale is successful, the change fee shall be reduced by
the sales proceeds achieved by Stadt und Land Reisen. Stadt und Land Reisen is under
no obligation to resell event or flight tickets already booked and confirmed by the
customer.
6.3. If Stadt und Land Reisen is able to fulfil change requests made from the 21st day
before departure, this nonetheless constitutes a cancellation of the tour contract according
to the terms set forth in section 5 above and results in cancellation fees, even if alternative
registrations are made. This does not apply to rebooking requests that cause only minor
costs.
7. Services Not Used
If the customer fails on his or her own accord to participate in individual, properly offered
parts of the travel package (for example, due to an early return or other compelling
reasons), the customer is not entitled to a pro-rata refund of the package price.
8. Cancellation by Stadt und Land Reisen
8.1. Stadt und Land Reisen may cancel the contract without notice after the tour
commences if the customer continues to cause disturbance to the operation of the tour after
warning from Stadt und Land Reisen or its agents or if the customer violates the contract to
such an extent that the immediate cancellation of the contract is justified. Stadt und Land
Reisen retains its entitlement to the tour price if it cancels the contract for this reason, but it
is nevertheless obliged to take into account the value of saved expenditure and the
advantages it gains through the alternative usage of services not made use of within the
framework of the tour.
8.2. Stadt und Land Reisen may cancel a tour contract if the minimum number of
participants specified in the tour description under the following conditions:
a) Stadt und Land Reisen must notify the customer immediately to explain the cancellation
of the trip once it is determined that the tour will not be offered because the minimum
number of participants was not reached.
b) Stadt und Land Reisen may not cancel a tour later than 36 days before the scheduled
departure.
c) In the event of a substantial change of a key part of the package, the customer is entitled
to withdraw from the contract or to demand participation in a package of an equal or higher
value, if Stadt und Land Reisen is in a position to offer such a package without additional
cost to the customer from their offerings. The customer shall exercise these rights as listed
above immediately after being informed by Stadt und Land Reisen of the change to or
cancellation of the travel package.
8.3. If after the contract has been concluded, the ability to offer the tour is impeded,
endangered or impaired due to unforeseeable force majeure , then both Stadt und Land
Reisen and the customer may terminate the contract in accordance with §651j BGB. If the
contract is terminated, Stadt und Land Reisen reserves the right to demand appropriate
compensation for services already rendered or such as are required to end the tour.
9. Guarantee, Duty of Disclosure, Duty to Cooperate, Customer Termination
9.1. If the tour is not offered as stipulated in the contract, the traveller may demand
redress. Stadt und Land Reisen can refuse to redress the issue if it requires a
disproportionate effort and/or expenditure. Stadt und Land Reisen may also provide
redress by offering an equivalent alternative.
9.2. The customer is entitled to demand a reduction of the tour price for the time the tour is
not in compliance with the contract. The tour price shall be reduced in proportion to the
value of the tour at the time of purchase against the actual value received by the
customer.
9.3. If the customer experiences any disruptions to the services included in the tour
package, the customer is required to do everything required by statute to help remedy the
problem and keep the potential damage to a minimum. The customer is obliged to register
the issue with Stadt und Land Reisen immediately by calling +49 (0) 30/25 00 24 44 or by
communicating via the www.bahnhit.de website. For legal reasons, the customer should
also give written notice of the shortcoming to Stadt und Land Reisen. If the customer is
negligent in failing to report a shortcoming in the tour, the customer forfeits any claim to a
price reduction. This does not apply if such notice is clearly unreasonable or for some other
reason infeasible.
9.4. If the customer plans to arrive at the booked hotel after 6 p.m. on the day of arrival, the
customer shall inform the hotel in advance.
9.5. If a customer wants to terminate a tour contract due to a shortcoming in the tour
package as set forth in §615c BGB in accordance with §615e BGB or for infeasibility due to
some other cause evident to Stadt und Land Reisen, the customer shall provide Stadt und
Land Reisen a reasonable period to redress the situation. This does not apply if such
redress is impossible or is refused by Stadt und Land Reisen or if the immediate termination
of the contract is justified by a customer's particular interest evident to Stadt und Land
Reisen. For legal reasons, the termination must be made in writing.
9.6. Without prejudice to a price reduction or termination of the tour contract, the customer
may make a claim for damages for breach of contract in accordance with statutory
provisions if the shortcomings in the tour are based on a circumstance for which Stadt und
Land Reisen is not responsible.
9.7. Baggage loss, damage and delay: The tour organiser recommends filing an immediate
Property Irregularity Report (PIR) with your airline if your baggage has been damaged or
delayed. As a rule, airlines will reject claims for damages if the PIR has not been completed.
The airline must reimburse the claims contained in the PIR within 7 days for damaged
baggage and 21 days for delivery delays. In all other matters, notice of the loss, damage or
misdirection of baggage should be made immediately to Stadt und Land Reisen.
10. Limitation of Liability
10.1. The liability of Stadt und Land Reisen for all damages other than personal injury is
limited to three times the tour price,
a)
if the damage to the customer is not caused intentionally or by gross
negligence or
b)
if Stadt und Land Reisen is solely responsible for any damage suffered by the
customer due to the default of a service provider.
10.2. The liability of Stadt und Land Reisen for all damages other than personal injury is
limited to three times the tour price. This maximum liability applies per customer and tour.
Any potential additional claims relating to baggage under the Montreal Convention remain
unaffected by this limitation.
10.3. Stadt und Land Reisen is not liable for disruptions, personal injury or property damage
in connection with tour services solely arranged by Stadt und Land Reisen as a travel agent
(such as excursions, sporting events, theatre performances, exhibitions, transport services
to and from the place of departure and destination), if these services are explicitly labelled
as such in the tour description and booking confirmation and are self-evidently not part of
Stadt und Land Reisen's services by explicit naming of the contract partner.
Stadt und Land Reisen is however liable
a) for transportation services from the scheduled place of departure to the advertised
destination, intermediate transportation during the tour and accommodation during the
tour,
b) to the extent the damage caused to the customer is a result of the Stadt und Land
Reisen's requirements to provide notice, clarification and organisation of the same.
11. Exclusion of Claims and Statute of Limitations
11.1. Claims for non-conforming provision of tour services are to be made against Stadt
und Land Reisen within one month after the final day of the tour as agreed. After this
period, claims for non-conforming provision of tour services may only be made if
circumstances beyond your control prevent you from meeting the deadline. For tort claims,
however, this limit does not apply. These claims are subject to the statute of limitations.
11.2. The rights of travellers to make claims for tour shortcomings (redress from Stadt und
Land Reisen, traveller's intervention to provide remedy, price reduction, claims for
damages and termination) pursuant to §§ 651c through 651f BGB expire one year after
the contractual end of the trip as set forth in §651m(2) BGB. If negotiations are pending
between the traveller and Stadt und Land Reisen about the claim or the circumstances
giving rise to the claim, the limitation period is suspended until such time as the traveller or
Stadt und Land Reisen refuses to continue negotiations. The limitation period shall expire
no earlier than three months after the end of the suspension.
11.3. Any travel agency used acts solely as an intermediary in the conclusion of the
contract. It is not authorised to register guarantee and/or damage claims on behalf of the
traveller after the tour is complete.
12. Requirement to Identity the Operating Air Carrier
The EU regulation on informing air transport passengers of the identity of the operating air
carrier obligates Stadt und Land Reisen to inform the customer at time of booking about
the identity of the operating carrier of all flights provided as part of the booked tour. If the
airline has not been confirmed at the time of booking, Stadt und Land Reisen is obliged to
inform the customer of the airline or airlines, which will most likely operate the flight. Once
Stadt und Land Reisen knows which airline will operate the flight, the operator must inform
the customer.
If the airline changes Stadt und Land Reisens must inform the customer of the change.
Stadt und Land Reisen must immediately undertake all appropriate steps to ensure that
the customer is informed as soon as possible about the change. The "blacklist" is available
on
the
following
website:
http://ec.europa.eu/transport/modes/air/safety/airban/index_en.htm.
13. Passport, Visa and Health Regulations
13.1. Stadt und Land Reisen will notify nationals of a country in the European Community
of any passport, visa and health requirements applicable to the destination country before
signing the contract as well as any potential changes before departure. Citizens of other
countries should consult with the relevant consulate. It is assumed that there are no
special issues with the identity of the customer and potential fellow travellers (e.g. dual
citizenship, statelessness).
13.2. The customer is responsible for obtaining and carrying the necessary official travel
documents, any necessary vaccinations and compliance with customs and foreign
exchange regulations. Any consequences arising from non-compliance with these rules,
such as the payment of cancellation costs, shall be borne by the customer. This does not
apply if Stadt und Land Reisen has provided insufficient or inaccurate information.
13.3. If entrusted with the task of obtaining visas on behalf of the customer, Stadt und
Land Reisen is not responsible for the timely issue and receipt of necessary visas by the
respective consulate/embassy, unless Stadt und Land Reisen has been negligent in
fulfilling its duties.
14. Choice of Law and Jurisdiction
14.1. The contractual relationship between Stadt und Land Reisen and the customer shall
be subject exclusively to German law. This also applies to the entire legal relationship.
Insofar that the customer has successfully litigated in a foreign country a liability claim
against Stadt und Land Reisen and German law has not been applied, the legal
consequences are limited in terms of type, extent and degree to those specified in German
law.
14.2. The customer may only file suit against Stadt und Land Reisen at its headquarters.
For claims of Stadt und Land Reisen against the customer, the customer's domicile shall
prevail. For complaints against traders, corporate or government entities or persons who
have their domicile or habitual residence abroad or whose domicile or habitual residence
at the time of action is not known, the place of jurisdiction shall be the headquarters of
Stadt und Land Reisen. The foregoing provisions do not apply if and to the extent that
contractually non-modifiable clauses in international agreements to be applied to the tour
contract between the client and Stadt und Land Reisen make an alternative stipulation to
the benefit of the client, or if and to the extent that non-definable stipulations valid in the
EU member state to which the client belongs and applicable to the tour contract are more
beneficial to the client than the stipulations in these general terms of business or
applicable German regulations.
Stadt und Land Reisen GmbH
Am Karlsbad 11
10785 Berlin
Commercial Register Berlin HRB 151950 B
As of: July 2013