General Terms and Conditions for Package Offers
TERMS AND CONDITIONS FOR PACKAGE TRAVEL OFFERS
of tourist information Hildesheim for bookings as of 1 July 2018
Dear Customer,
The following terms and conditions apply to package travel offers (complete set of travel services pursuant to Section 651a(1) of the German Civil Code [BGB]), to which the provisions of Section 651a ff. of the Civil Code on package travel contracts apply directly. Providing they are agreed with legal effect pursuant to the relevant statutory provisions, they form the content of the package travel contract concluded between you – hereinafter “Customer” and us – tourist information Hildesheim, hereinafter ti-Hi – as the tour operator, if a booking is made pursuant to the statutory provisions set out in Sections 651a–y of the German Civil Code and Sections 250 and 252 of the Introductory Act to the German Civil Code [EGBGB]. They supplement and fill any gaps in the statutory provisions. We therefore advise you to read through these terms and conditions carefully.
1 Conclusion of the package travel contract
1.1 The Customer shall submit their booking request to ti-Hi orally, in writing, by fax, by email or online. Said booking request is not binding upon the Customer and does not represent a binding contractual offer by the Customer. In the case of electronic bookings which are indicated as binding, the Customer will promptly receive an electronic booking confirmation.
1.2 In accordance with the Customer’s booking request, ti-Hi shall, as a general rule, send the Customer a specific offer by email (or by telephone in the case of last-minute requests), including services, prices and dates, and shall offer the Customer the conclusion of a package travel contract based on the service specification set out in the offer.
1.3 The package travel contract is concluded with binding effect for the Customer and ti-Hi once the Customer’s statement of acceptance has been received by ti-Hi in writing, by fax or by email within the deadline specified by ti-Hi for acceptance of the offer without any additions, restrictions or other modifica-tions. If indicated in the offer, the statement of acceptance may also be made by the Customer by telephone in the case of last-minute offers. Upon ti-Hi’s receipt of said statement of acceptance, the package travel contract is concluded with binding effect. ti-Hi shall, without delay, provide the Customer with confirmation of receipt of the Customer’s statement of acceptance in accordance with the statutory provisions and with the guarantee certificate required by law on a durable medium, unless the Customer is entitled to a travel confirmation in paper form pursuant to the second sentence of point 1 of Section 250(6) of the Introductory Act to the German Civil Code because the contract was concluded in the simultaneous physical presence of both parties or away from business premises. However, the legal effectiveness of the package travel contract is not dependent on receipt by the Customer of ti-Hi’s confirmation of receipt.
1.4 If the Customer’s statement of acceptance contains any additions, restrictions or other modifications compared to the offer made by ti-Hi, it does not represent the conclusion of a binding contract. It represents a new offer by the Customer, which the Customer is bound by for a period of 10 days. The package travel contract will only be concluded on the basis of that new offer if ti-Hi, with reference to the new offer, has drawn attention to the modification and has fulfilled its pre-contractual obligations to provide information and if the Customer has confirmed the modified offer within the deadline by express statement of acceptance or by advance payment.
1.5 Any person registering other package travel participants is liable for all obligations of said participants pursuant to the package travel contract if said person has expressly undertaken that obligation by separate written declaration.
1.6 It is noted that for all the aforementioned booking types, pursuant to the statutory provision set out in point 9 of Section 312g(2) of the German Civil Code, there is no statutory right of withdrawal following conclusion of the contract for package travel contracts that are concluded as distance contracts. How-ever, it is permitted to withdraw from and terminate the contract in accordance with the provisions set out in Sections 5 and 7 hereof.
2 Payment, guarantee certificate
2.1 Payments towards the price of the package before the end of the package are only permitted to be required or accepted if the tour operator has valid insolvency insurance for customer payments and the Customer has been provided with a guarantee certificate with the name and contact details of the guarantor for customer payments in an unambiguous, comprehensible and prominent manner pursuant to Section 651r(4) of the German Civil Code and Section 252 of the Introductory Act to the German Civil Code.
2.2 Contrary to Section 2.1 hereof, a guarantee certificate pursuant to Section 651k(3) of the German Civil Code does not need to be provided if
it is agreed that, contrary to Sections 2.3 and 2.4 hereof, the complete payment will only fall due at the end of the stay and the contractual travel ser-vices do not include transport of the Customer from the place/town of residence to the destination and/or back.
2.3 Upon conclusion of the contract (receipt by ti-Hi of the Customer’s statement of acceptance) and receipt by the Customer of the guarantee certificate, an advance payment of 10% is payable towards the price of the package.
2.4 If the guarantee certificate has been provided, the remainder of the payment will fall due 2 weeks before the start of the package if it is clear that the package will be operated and, in particular, can no longer be cancelled on the grounds specified in Section 7.2 hereof.
2.5 If advance payments have been agreed before the start of the package, the guarantee certificate has been provided, the Customer has no contractual or statutory right of retention and ti-Hi is willing and is able to provide the contractual services
a) the Customer is not entitled to the contractual services without full payment of the price of the package.
b) if agreed advance payments are not made on time, after issuing a reminder and allowing a suitable grace period, ti-Hi may withdraw from the package travel contract and charge the Customer the withdrawal costs set out in Section 5.3 hereof.
3 Services
3.1 The duty of ti-Hi to provide services is based solely on the content of the booking confirmation and the service specification in the brochure as referenced in the booking confirmation / on ti-Hi’s offer and the service specification in the brochure as referenced in the offer and any oral or written agreements with the Customer that are of binding effect.
3.2 Service providers (providers of accommodation and/or board, providers of sports services, transport companies, cultural and leisure facilities) are not authorised by ti-Hi to give assurances or make agreements that go beyond or are in conflict with the package description, offer or booking confirmation of ti-Hi or that amend the confirmed content of the package travel contract.
3.3 Brochures of destinations, hotels or businesses that are not issued by ti-Hi are not binding upon ti-Hi, unless it has been expressly agreed with the Customer that they are the subject of the contractual services of ti-Hi.
4 Modified services
Modifications to the main characteristics of travel services and deviations of the main characteristics of travel services from the agreed content of the package travel contract that become necessary following conclusion of the contract and that are made by ti-Hi in good faith are permitted, providing that the modifications or deviations are not significant, do not result in a significant change to the travel service and do not have a negative effect on the overall nature of the booked package. Any warranty claims will be unaffected should the modified services be defective. ti-Hi shall notify the Customer of any modifications to the services and any deviations from the service specification without delay after learning of the circumstance necessitating the modification, using a durable data medium and in an unambiguous, comprehensible and prominent man-ner. In the case of a significant modification to any of the main characteristics of a travel service or deviation from particular specifications, the Customer is entitled, within a reasonable deadline, either to accept the modification or to withdraw from the package travel contract free of charge or to require participation in an alternative package if ti-Hi has offered such a package. The Customer may choose whether or not to respond to the notification. If the Customer does not respond to ti-Hi or does not respond within the statutory deadline, the modification referred to in the notification will be deemed to have been accepted. The Customer shall be informed of the above in connection with notification of the modification in an unambiguous, comprehensible and prominent manner.
5 Withdrawal by the Customer, rebooking
5.1 The Customer may withdraw from the package at any time before the start of the package. The date of withdrawal is deemed to be the date on which ti-Hi receives the statement of withdrawal. The Customer is advised to provide notification of the withdrawal on a durable medium.
5.2 If the Customer withdraws from the package before the start of the package or does not show for the package, ti-Hi is entitled to reasonable compensation for the pack-age travel arrangements made and any expenses, providing that the withdrawal is not the fault of ti-Hi and there are no extraordinary circumstances at the destination or in its immediate vicinity that significantly affect the performance of the package or the transport of persons to the destination. Pursuant to the second sentence of Section 651h(3) of the German Civil Code circumstances shall be deemed unavoidable and extraordinary if they are not under the control of ti-Hi and their consequences could
not have been avoided even if all reasonable precautionary measures had been taken. The level of the compensation is based on the price of the package, less the value of the costs saved by ti-Hi and less any gains by ti-Hi from alternative use of the travel service. The compensation is calculated as follows as a percentage of the price of the package in accordance with the date of receipt of the statement of withdrawal:
For packages with accommodation in hotels or guesthouses
up to 30 days before the start of the package 10%
up to 15 days before the start of the package 30%
up to 8 days before the start of the package 40%
between 8 and 1 days before the start of the package 60%
on the start date of the package 80%
no-show: 95% of the price of the package
5.3 The Customer is entitled to demonstrate to ti-Hi that ti-Hi incurred no costs or significantly lower costs than the flat rate applied. In that case, the Customer is required to pay the lower costs.
5.4 In place of flat-rate compensation according to the aforementioned rule, ti-Hi is entitled to claim compensation pursuant to statutory provisions for the costs that it has actually incurred. They may be higher than the aforementioned flat rates. In that case, ti-Hi is required to detail its expenses and provide evidence to the Customer.
5.5 Following withdrawal from the contract, ti-Hi shall reimburse the price of the package without delay, but by no later than within 14 days following receipt of the statement of withdrawal.
5.6 Following conclusion of the contact, the Customer is not entitled to make any changes with respect to the date of travel, the destination, the place of departure, the accommodation or the means of transport. That does not apply if rebooking is necessary because ti-Hi did not provide the Customer with pre-contractual information or provided the Customer with insufficient or incorrect pre-contractual information pursuant to Section 250(3) of the Introduc-tory Act to the German Civil Code, in which case rebooking is allowed free of charge. However, if, on request of the Customer, changes are made with respect to the travel date, accommodation, type of board or additional services booked (e.g. concert and/or theatre tickets) for a date within the scope of the package description following conclusion of the contract (rebooking), ti-Hi is entitled to charge a rebooking fee of EUR 15 per change process.
5.7 The Customer’s right pursuant to statutory provisions (Section 651e of the German Civil Code) to name a replacement for himself/herself is unaffected by the aforementioned provisions. The Customer and any third parties who enter into the contract shall be jointly and severally liable for the price and any additional costs incurred due to the third party entering into the contract. The relevant statement shall be deemed to have been made in a timely manner if it is received by ti-Hi no later than seven days before the start of the package. The tour operator may require extra costs to be reimbursed if such costs are reasonable and have actually been incurred by the tour operator.
5.8 The Customer is strongly advised to take out travel cancellation insurance.
6 Unused services
If the Customer, due to early travel back or for overriding reasons attributable to the Customer, does not make use of certain travel services which ti-Hi was willing and able to perform contractually, ti-Hi shall endeavour to obtain reimbursement of the saved expenses from the service providers. That obligation does not apply if the services are of trivial importance or if reimbursement is in conflict with statutory provisions or the provisions of an authority.
7 Withdrawal and termination by the tour operator
7.1 Following the start of the package, ti-Hi may terminate the package travel contract with immediate effect if the Customer persistently disrupts the perfor-mance of the package, despite being instructed to refrain from doing so by ti-Hi or its contractors, or if the Customer’s conduct is in breach of the contract to such a degree that immediate termination of the contract is justified. If the contract is terminated by ti-Hi, it remains entitled to the price of the package, less the value of any expenses saved and any advantages it gains from alternative use of the unused service, including any amounts credited to it by the relevant service providers.
7.2 If the minimum number of participants specified in the package description is not reached, ti-Hi may withdraw from the package travel contract pursuant to the following provisions:
a) The minimum number of participants and the withdrawal deadline are indicated in the booking confirmation, and the minimum number of partici-pants and the time by which the Customer must receive the statement before the contractually agreed start of the package are indicated in the package description.
b) ti-Hi shall notify the Customer without delay of cancellation of the package if it is clear that the package will not go ahead due to not reaching the minimum number of participants. ti-Hi is not permitted to withdraw from the contract later than 3 weeks before the start of the package. If it is clear before that time that it will not be possible to reach the minimum number of participants, the tour operator shall exercise its right of withdrawal without delay.
c) If the package is cancelled, the Customer is entitled to participate in another package that is at least equivalent to the original package, providing ti-Hi is able to offer the Customer such a package from its selection at no additional cost to the Customer. The Customer shall exercise that right by notifying ti-Hi without delay after receiving the statement about cancellation of the package.
If the package is not operated for that reason, the tour operator shall reimburse any advance payments towards the price of the package to the Cus-tomer without delay, but by no later than within 14 days of receipt of the statement of withdrawal.
8 Limitation of liability
8.1 ti-Hi’s contractual liability for any damage or losses that are not bodily injuries and that were not caused by culpable conduct is limited to three times the price of the package. Any claims exceeding that pursuant to international agreements or to statutory provisions based on international agreements are unaffected by this restriction.
8.2 ti-Hi is not liable for any service disruptions, personal injuries or property damage in connection with services that are only arranged by ti-Hi as third-party services if those services are expressly and clearly indicated as such in the package description and the travel confirmation, including information about the identity and address of the contract partner, so that the Customer cannot be in doubt that they do not form part of the package offered by ti-Hi and that they have been selected separately. Sections 651b, 651c, 651w and 651y of the German Civil Code are unaffected.
8.3 However, ti-Hi is liable if and insofar as a loss or damage suffered by the Customer was caused by breach of ti-Hi’s duties to provide information and clarification and to perform organisational tasks.
9 Duties of the Customer (notification of defects, termination, limitation period)
9.1 The Customer shall notify ti-Hi without delay of any defects and request that they be remedied. If the Customer does not notify ti-Hi, claims of the Customer will be void unless the failure to provide notification is through no fault of the Customer’s own. It is not sufficient to notify the service provider, in particular the provider of the accommodation.
9.2 If the package is significantly affected by a defect of the type specified in Section 651i(2) of the German Civil Code or the Customer cannot be reasonably expected to proceed with the package due to such a defect for a material cause apparent to ti-Hi, the Customer may terminate the package travel contract pursuant to the relevant statutory provisions (Section 651l of the German Civil Code).
9.3 The Customer shall make any claims pursuant to points 2 to 7 of Section 651i(3) of the German Civil Code against ti-Hi. The Customer is advised to use a durable medium for that purpose.
9.4 ti-Hi notes the duty to provide assistance pursuant to Section 651q of the German Civil Code, pursuant to which the Customer shall be provided with due assistance without delay in the case specified in Section 651k(4) of the Civil Code or if the Customer is in difficulty for other reasons, in particular by a) providing due information about health services, local authorities and consular assistance b) assisting in establishing long-distance communications c) assisting in identifying other travel options. Section 651k(3) of the German Civil Code is unaffected.
10 Limitation period and information about consumer dispute resolution
10.1 Claims are subject to a two-year limitation period pursuant to Section 651j of the German Civil Code. The limitation period commences on the date on which the package is scheduled to end under the contract.
10.2 The tour operator notes with respect to the Act on Consumer Dispute Resolution that ti-Hi will not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for the tour operator following printing of these terms and conditions, ti-Hi shall duly notify the Customer. For all package travel contracts concluded electronically, ti-Hi refers to the European online dispute resolution platform http://ec.europa.eu/consum-ers/odr/.
11 Data protection
11.1 Personal data provided to us by the Customer (including online) will be recorded, stored and processed electronically, including by automated means. Personal data is data that may be used to establish the identity of the Customer, such as the Customer’s name, address, date of birth, telephone number, e-mail address and 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 collected and processed in compliance with the General Data Protection Regulation (GDPR). On request, the Customer may obtain information about his/her stored data and if required may exercise his/her right to rectification, erasure, storage, to lodge a complaint, to data portability and to object and to obtain information about the duration of storage of data. If erasure is requested, the Customer should note that it may not be possible due to conflict with statutory provisions or for invoicing/accounting reasons. The relevant requests should be sent toinfo@hildesheim-marketing.de. It is possibly to lodge a complaint with the relevant data protection authority of the Federal State of Lower Saxony.
11.4 Personal data (especially address information) will not be disclosed to third parties.
12 Governing law and jurisdiction
12.1 The entire legal relationship and contractual relationship between ti-Hi and the Customer is exclusively governed by German law, with the exception that, if the habitual residence of the Customer is abroad, pursuant to Article 6(2) of Regulation (EC) No 593/2008 (Rome I Regulation) the Customer shall enjoy the protection of the mandatory provisions of law that would be applicable in the absence of this clause.
12.2 The Customer may only bring lawsuits against ti-Hi in the place of jurisdiction of ti-Hi’s registered office. ti-Hi shall bring any lawsuits against the Customer in the place of jurisdiction of the residence of the Customer. The place of jurisdiction of the registered office of ti-Hi is agreed for lawsuits against customers who are registered merchants, legal entities under public or private law or persons who have their place of residence or habitual residence abroad or whose place of residence or habitual residence is not known at the time of bringing the lawsuit.
12.3 The aforementioned provisions do not apply if deviating rules benefiting the Customer as a consumer follow from international agreements or provisions of the European Union that are applicable to the package travel contract.
The tour operator is:
Hildesheim Marketing GmbH
Besucherzentrum Welterbe Hildesheim & Tourist-Information
[World Heritage Visitor Centre Hildesheim & tourist information]
Managing Director Fritz S. Ahrberg
Rathausstr. 15, 31134 Hildesheim, Germany
Tel. + 49 (0)5121 – 17980 Fax + 49 (0)5121- 1798-88
www.hildesheim.de/tourismus
