Dear Tourist,
The following terms and conditions of package travel apply to package offers (totality of travel services pursuant to §651a par. 1 BGB (German Civil Code). Insofar as they are deemed by the statutory provisions to have been agreed with legal effect, they are contents of the tourist travel contract between you, called the Tourist below, and us as tourist travel organizer, tourist-information Hildesheim, abbreviated to ti-Hi below, that is formed in accordance with the statutory provisions of §§651a − m BGB when you book travel. Therefore, please read these provisions carefully.

1. Conclusion of the Tourist Travel Contract
1.1 The Tourist submits his or her reservation preference to ti-Hi, orally or by letter, by fax, e-mail or internet. This preference is not yet binding on the Tourist and does not yet constitute an offer that is binding on the Tourist. In the case of electronic reservations that are marked as binding, the Tourist immediately receives a confirmation of reservation electronically.
1.2. In accordance with the Tourist’s reservation preference, ti-Hi sends the Tourist a definite offer with services, prices and times by e-mail (or by telephone for last minute offers) and makes a binding offer to the Tourist of a tourist travel contract that is based on the descriptions in the offer.
1.3. The tourist travel contract becomes legally binding on theTourist and ti-Hi as soon as and provided that the Tourist’s unconditional declaration of acceptance of the offer as is (without any additions, restrictions or other changes) is received by ti-Hi by letter, fax or e-mail within the time period allowed by ti-Hi for acceptance of the offer. The offer can also be accepted by telephone if this is stated in the offer (for last minute reservations). The tourist travel contract becomes legally binding when the Tourist’s declaration of acceptance is received by ti-Hi. The Tourist is then sent, without delay, confirmation of receipt of this declaration as well as the guarantee certificate prescribed by law. Please note that the tourist travel contract is binding even if this confirmation from ti-Hi is not received.
1.4. If the Tourist’s declaration of acceptance contains any additions, restrictions or other changes relative to the offer from ti-Hi, then a legally binding contract has not yet been formed. Instead, this declaration from the Tourist constitutes a new offer by the Tourist that is binding on the Tourist for a period of 10 days. A tourist travel contract is formed on the basis of this offer only if and when ti-Hi accepts this offer within this time period by letter, fax, e-mail or, with last minute travel, by telephone.
1.5. The person making the reservation is liable for all obligations under the tourist travel contract of any other tourists registered in this contract insofar as he or she has assumed this responsibility by explicit separate written declaration.

2. Payment, Guarantee Certificate
2.1. Payments of or toward the travel price may be demanded or accepted before the travel ends only if the guarantee certificate of §651k par. 3 BGB has been issued to the Tourist.
2.2. However, as exceptions to point 2.1, the guarantee certificate of §651k par. 3 BGB does not have to be issued to the Tourist if
a) the trip does not last longer than 24 hours, includes no overnight stays and the travel price is at most € 75, or
b) if there is an agreement that, as an exception to points 2.3 and 2.4 below, the entire travel price is not due for payment until the trip is over and if the travel services under the contract do not include transportation of any Tourist s from their place of residence to the holiday destination or from the holiday destination back to their place of residence.
2.3. When the contract has been concluded (receipt by ti-Hi of the Tourist’s declaration of acceptance) and the guarantee certificate has been delivered to the Tourist, then a deposit in the amount of 10% of the travel price is due for payment and will be credited to the entire travel price.
2.4. Payment of the balance is due 2 weeks before the travel begins, when it is clear that the trip will be conducted, and, in particular, can no longer be cancelled for any of the reasons stated in point 7.2.
2.5. If advance payments have been agreed, if the guarantee certificate has been delivered, if the Tourist does not have a contractual or statutory right of retention and if ti-Hi is prepared and in a position to render the contractually agreed services, then
a) the Tourist has a right to the contractually agreed services only if the travel price has been paid in full, and
b) if the agreed advance payments have not been received by ti-Hi on time and have not been made even after ti-Hi has sent a reminder that sets a reasonable period of grace, then ti-Hi can withdraw from the tourist travel contract and charge the Tourist withdrawal costs pursuant to point 5.3 of these standard terms and conditions for offers of package travel.

3. Services
3.1. ti-Hi’s obligation to render services is based solely on a) the contents of the confirmation of reservation and the descriptions in brochures and/or ti-Hi’s offer that this confirmation refers to,
b) any descriptions to which these brochures or the offer refer and
c) any agreements concluded with the Tourist in writing or orally with legally binding effect.
3.2. The organizations that render services directly (e.g. providers of accommodations, meals, sports, and transportation, cultural and leisure time facilities) are not authorized by ti-Hi to give assurances or make agreements that go beyond or are contrary to the travel descriptions of ti-Hi, ti-Hi’s offer or its confirmation of reservation or that modify the confirmed contents of the tourist travel contract.
3.3. Brochures, flyers, etc. other than those published by ti-Hi, such as brochures, flyers, etc. From the destination or hotel, are not binding on ti-Hi unless and then only to the extent they have been made a part of the contractually agreed services through an express agreement between ti-Hi and the Tourist.

4. Changes of Services
Changes and deviations from the agreed contents of the tourist travel contract which become necessary after the contract was agreed and that have not been brought about by ti-Hi contrary to good faith, are permissible insofar as they are not substantial, do not lead to a significant change in the travel services and do not impact the overall form of the travel that has been reserved. Warranty claims, if any, are not affected by this when the changed services are deficient. Ti-Hi is obliged to inform the Tourist of such changes and deviations without delay. When appropriate, Ti-Hi will offer the Traveller a change of reservation or withdrawal from the contract free of charge.

5. Withdrawal by the Tourist, Change of Reservation
5.1. The Tourist can withdraw from the trip at any time before it begins. The date on which ti-Hi receives the Tourist’s declaration of withdrawal is decisive. Tourists are advised to declare such a withdrawal in written form.
5.2. In all cases of withdrawal by the Tourist, ti-Hi is entitled to the compensation stated below for the travel arrangements that have already been made and for ti-Hi’s other expenses, whereby this compensation already takes account of the amounts that are usually saved by selling the vacated services to other tourists.
Standard Withdrawal Charge for Packages with Accommodation in Hotels, Inns and Guest Houses
withdrawal up to day 30 before trip begins 10% of travel price
withdrawal up to day 15 before trip begins 30% of travel price
withdrawal up to day 8 before trip begins 40% of travel price
withdrawal up to day 1 before the trip begins 60% of travel price
withdrawal on the day the trip begins 80% of travel price
Tourist does not begin the trip 80% of travel price
5.3. However, the Tourist still has the right to prove that ti-HI did not incur any expenses or that the expenses incurred were much less than the standard charges stated above, in which case the Tourist only has to pay this lesser amount.
5.4. In lieu of compensation equal to the standard withdrawal charge stated above, ti-Hi has the option under law of asserting a claim for compensation for damages that are equal to the expenses that ti-Hi actually incurred for the trip in question. In this case the compensation to be paid can be greater than the standard withdrawal charge stated above. Then ti-Hi must notify the Tourist of its individual expenses and prove that they were actually incurred.
5.5. When a Tourist requests certain types of changes to a tourist travel contract after this contract has been agreed, ti-Hi can charge € 15 for each change that is made. This is possible for change of travel dates within the time period for which the trip has been advertised, change of accommodations, change of meals (e.g. full board, half board, just breakfast) and changes in additional services that are reserved (e.g. concert and theatre tickets).
5.6. The foregoing regulations do not affect the Tourist’s right under the law (§651b BGB) to provide a substitute tourist for the trip when the Tourist withdraws.
5.7. Tourists are urged to take out travel cancellation expenses insurance.

6. Services Not Used
If a Tourist does not use certain tourist travel services because of early return travel or other compulsory reasons, then ti-Hi will endeavour to obtain from the relevant services providers reimbursement of expenses that are saved because of the Tourist’s non-participation. Ti-Hi is not obliged to do this if the monetary amounts in question are totally insignificant or reimbursement would conflict with statutory or governmental regulations.

7. Withdrawal and Cancellation by the Tourist Travel Organizer
7.1. After a Tourist has begun the trip, ti-Hi can cancel the tourist travel contract without notice if the Tourist continually disrupts the conduct of the trip even though ti-Hi or an authorized representative has warned the Tourist, or the Tourists conducts him or herself contrary to the contract in such a way that immediate cancellation of the contract is justified. If ti-Hi then cancels, it continues to be entitled to the travel price, but must still reimburse any expenditures that are saved as well as any other benefits obtained by use in some other way of the services that were reserved, whereby this also includes any refunds from services providers.
7.2. If, for a given trip, ti-Hi does not obtain reservations from the minimum number of participants stated in the tourist travel description, ti-Hi can cancel this trip and then withdraw from the contract under the following conditions:
a) The minimum number of participants is stated in the confirmation of reservation or this confirmation refers the Tourist to the corresponding statement in the advertisement of the trip;
b) ti-Hi is obliged to notify the Tourist in writing and without delay that the trip is being cancelled when it is clear that the minimum number of participants will not be reached, whereby ti-Hi must exercise this cancellation option at least two weeks before the trip is scheduled to begin.
c) When the trip is cancelled, each tourist affected has the right to demand participation in another trip of the same or greater value insofar as ti-Hi is in a position to offer the Tourist such a trip from its programme without additional charge. Upon receiving the cancellation notice, the Tourist must assert this right vis à-vis ti-Hi without delay.

8. Limitation of Liability
The contractual liability of ti-Hi for damages that do not constitute bodily injury is limited to three
a) the damage sustained by the Tourist was not brought about by intentional or grossly negligent conduct, or
b) ti-Hi is responsible for the damages sustained by the Tourist solely because a services provider is at fault.

9. Obligations of the Tourist, (Complaints, Cancellation, Exclusion Period)
9.1. The Tourist is obliged to notify ti-Hi of any deficiencies and to demand corrective action without delay. If ti-Hi is not notified without delay, the Tourist loses his or her rights unless the Tourist is not at fault for this failure to lodge a complaint directly with ti-Hi without delay. Please note that it is not sufficient to lodge the complaint with the relevant services provider, such as the provider of overnight accommodations. The complaint must be lodged directly with ti-Hi.
9.2. If the trip is significantly impaired as a result of a deficiency or if a particular Tourist cannot reasonably be expected to put up with such a deficiency for an important reason that ti-Hi is able to perceive, then the Tourist can cancel the tourist travel contract in accordance with the statutory provisions (§651e BGB).
9.3. Claims of the Tourist because certain travel services were not rendered in accordance with the contract may be made only after the trip is over and must then be received by ti-Hi within one month of the day on which the trip was scheduled to end. Claims must be asserted vis-à-vis ti-Hi at the address given below. The deadline for asserting claims cannot be met by notifying the relevant services providers, such as, in particular, the provider of overnight accommodations. The tourist is urged to assert his or her claims in writing. The Tourist loses all rights unless the Tourist is not at fault for failure to lodge a complaint directly with ti-Hi on or before the deadline.

10. Limitation Period
10.1 Claims of the Tourist based on loss of life, bodily injury or damage to health due To intentional or negligent violation of duty on the part of ti-Hi or any of its legal representatives or assistants are subject to a limitation period of two years. This also applies to claims for compensation for other damages based on intentional or grossly negligent violation of duty on the part of ti-Hi or any of its legal representatives or assistants.
10.2. All other claims pursuant to §§651c-f BGB are subject to a limitation period of one year.
10.3. The limitation periods of points 10.1 and 10.2 begin on the day on which the trip was scheduled to end in accordance with the contractual agreements.
10.4. When negotiations between the Tourist and ti-Hi about the claim or the circumstances that might justify the claim are in progress, the limitation period is suspended until the Tourist or ti-Hi refuses to continue the negotiations. When suspension of the limitation period ends, the claim cannot become statute barred until at least three months have elapsed since the end of suspension.

11. Data protection
11.1. Personal data provided to us by the customer (also online) is recorded, saved and processed electronically, including in an automated process. Personal data is data that can be used to establish the identity of the customer, e.g. name, address, date of birth, telephone number, e-mail or IP address.
11.2. We only gather and record personal data if it is related to a booking and is necessary to ensure the smooth processing and payment of the booking.
11.3. Data provided by the customer is only ever recorded and processed in accordance with General Data Protection Regulation (EUDATAP). Customers can ask for a copy of the information held in relation to them free of charge, and, if required, exercise their right to assert its right to rectification, erasure, blocking, complaint, transferability, as well as objections and information about the duration of the storage of the data. If a deletion is requested, it must be noted that this may conflict with legal regulations or billing / accounting purposes. The request should be sent to info@hildesheim-marketing.de. A complaint can be made to the competent data protection authority of the state of Lower Saxony.
11.4. Personal data (especially address information) will never be passed on to third parties.

12. Choice of Law and Place of Jurisdiction
12.1. The entire legal and contractual relationship between ti-Hi and the Tourist is governed solely by the laws of the Federal Republic of Germany.
12.2. The Tourist can sue ti-Hi only at ti-Hi’s official seat of business. Legal proceedings against the Tourist can only be taken at the Tourist’s place of residence. In cases of legal proceedings against tourists who are merchants, legal entities under public or private law, or persons whose place of residence or usual abode lies outside Germany or whose place of residence or usual abode is not known at the time litigation is filed, jurisdiction for ti-Hi’s official seat of business is deemed to have been agreed.
12.3. The foregoing provisions do not apply insofar as international treaties or conventions or provisions of the laws of the European Union that are to be applied to travel contracts provide for or imply something else that is more advantageous to the Tourist as a consumer.

The Tourist Travel Organizer is:
Hildesheim Marketing GmbH
Besucherzentrum Welterbe Hildesheim& tourist-information
Managing director Boris Böcker
Rathausstr. 15, 31134 Hildesheim, Germany
Fon 05121 - 17980 Fax 05121- 1798-88
www.hildesheim.de/tourismus

Terms and conditions for offers of package travel (412 KB)