General terms and conditions for multi-day arrangements

The following terms and conditions refer to the multi-day arrangements. The organiser is the Tourismusgemeinschaft Albtal Plus e.V.

Terms and conditions for package tours organised by Tourismusgemeinschaft Albtal Plus e.V. (multi-day tours)

Dear traveller,
Please read the following terms and conditions carefully. Insofar as they have been effectively agreed, these Terms and Conditions of Travel form part of the package travel contract concluded between the customer or traveller - hereinafter referred to as the "traveller" - and Tourismusgemeinschaft Albtal Plus e. V., hereinafter abbreviated to "TAP", from 1 July 2018. They supplement and supplement the statutory provisions of Sections 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB). These travel conditions apply exclusively to TAP package holidays. They do not apply to the procurement of third-party services (e.g. guided tours and admission tickets) and not to contracts for accommodation services or their procurement.

1 Conclusion of the travel contract, obligations of the traveller

1.1 The following applies to all booking channels:
a) The basis of TAP's offer and the traveller's booking are the travel advertisement and TAP's supplementary information for the respective trip, insofar as these are available to the traveller at the time of booking.
b) Travel agents and booking offices are not authorised by TAP to make agreements, provide information or give assurances that change the agreed content of the travel contract, go beyond the travel description or the contractually agreed services of TAP or contradict them.
c) Information in hotel guides and similar directories that are not published by TAP are not binding for TAP and its obligation to provide services, unless they have been made part of TAP's obligation to provide services by express agreement with the traveller.
d) If the content of the travel confirmation from TAP deviates from the content of the booking, a new offer from TAP is available, to which TAP is bound for a period of 3 days. The contract is concluded on the basis of this new offer, insofar as TAP has pointed out the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the traveller declares acceptance to TAP within the binding period by express declaration or down payment.
e) The pre-contractual information provided by the organiser regarding the essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees (in accordance with Article 250 § 3 number 1, 3 to 5 and 7 EGBGB) shall only not become part of the package travel contract if this has been expressly agreed between the parties.
f) The traveller is liable for all contractual obligations of fellow travellers for whom he makes the booking, as for his own, insofar as he has assumed a corresponding obligation by express and separate declaration.
1.2 The following applies to bookings made verbally, by telephone, in writing, by email, SMS or fax:
a) With the booking, the traveller makes a binding offer to TAP to conclude the package travel contract. The traveller is bound to the booking for 3 working days.
b) The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) by TAP. Upon or immediately after conclusion of the contract, TAP will send the traveller a travel confirmation in accordance with the legal requirements on a durable medium (which enables the traveller to keep or store the declaration unchanged in such a way that it is accessible to him within a reasonable period of time, e.g. on paper or by email), unless the traveller is entitled to a travel confirmation in paper form in accordance with Art. 250 § 6 para. (1) sentence 2 EGBGB, because the contract was concluded in the simultaneous physical presence of both parties or outside of business premises.
1.3 In the case of bookings in electronic business transactions (e.g. Internet, app, telemedia), the following applies to the conclusion of the contract:
a) The electronic booking process will be explained to the traveller in the corresponding TAP application.
b) The traveller has the option of correcting their entries, deleting or resetting the entire booking form, the use of which is explained.
c) The contract languages offered for the online booking are indicated. Only the German language is legally authoritative.
d) Insofar as the text of the contract is stored by TAP in the online booking system, the traveller shall be informed of this and of the possibility of retrieving the text of the contract at a later date.
e) By pressing the button "Book with obligation to pay", the traveller makes a binding offer to TAP to conclude the package travel contract. The traveller is bound to this contract offer for 3 working days after sending the electronic declaration.
f) The traveller shall receive immediate electronic confirmation of receipt of their booking.
g) The transmission of the booking by pressing the button "book with obligation to pay" does not constitute a claim by the traveller to the conclusion of a package travel contract in accordance with their booking details. Rather, TAP is free to decide whether or not to accept the traveller's contract offer.
h) The contract is concluded upon receipt of the travel confirmation from TAP by the traveller.
i) If the travel confirmation is issued immediately after the traveller has made the booking by clicking on the "Book with obligation to pay" button by displaying the travel confirmation directly on the screen (booking in real time), the package travel contract is concluded upon receipt and display of this travel confirmation on the traveller's screen, without the need for an interim notification of receipt of the booking in accordance with f). Insofar as the traveller is offered the option of saving the travel confirmation on a durable medium and printing it out. However, the binding nature of the package travel contract is not dependent on the traveller actually using these options for saving or printing. TAP will also send the traveller a copy of the travel confirmation in text form.
1.4 TAP points out that according to the statutory provisions (§§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB), there is no right of withdrawal for package travel contracts according to § 651a and § 651c BGB, which were concluded by distance selling (letters, catalogues, telephone calls, faxes, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting, telemedia and online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal according to § 651h BGB (see also section 4). However, there is a right of cancellation if the contract for travel services has been concluded outside of business premises in accordance with Section 651a BGB, unless the verbal negotiations on which the conclusion of the contract is based were conducted at the prior request of the consumer; in the latter case, there is also no right of cancellation.

2 Payment

2.1 TAP and travel agents may only demand or accept payment of the travel price prior to the end of the package tour if an effective customer money protection contract exists and the traveller has been provided with the security certificate with the name and contact details of the customer money insurer in a clear, comprehensible and prominent manner. After conclusion of the contract, a deposit of 20 % of the tour price is due for payment against handover of the security certificate. The remaining payment is due 30 days before the start of the tour, provided the security certificate has been handed over and the tour can no longer be cancelled for the reason stated in section 8. For bookings made less than 30 days before the start of the tour, the entire tour price is due for payment immediately.
2.2 Notwithstanding the provisions in section 2.1, the handover of a security certificate is not required as a prerequisite for the due date for payment if the package offer does not include transport to the place where the package travel services are provided and/or back and, notwithstanding section 2.1, it has been agreed and noted in the travel confirmation that the entire travel price is due for payment without prior down payment after the end of the package tour at the end of the stay.
2.3 If the traveller does not pay the deposit and/or the balance in accordance with the agreed payment due dates, although TAP is willing and able to provide the contractual services properly, has fulfilled its statutory information obligations and the traveller has no statutory or contractual right of set-off or retention, and if the traveller is responsible for the delay in payment, TAP is entitled to withdraw from the package travel contract after a reminder with a deadline and after expiry of the deadline and to charge the traveller with cancellation costs in accordance with Clause 4.

3. changes to the contents of the contract before the start of the tour that do not affect the tour price

3.1 Deviations of essential characteristics of travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and were not brought about by TAP in bad faith, are permitted to TAP before the start of the trip, insofar as the deviations are insignificant and do not affect the overall character of the trip.
3.2 TAP is obliged to inform the traveller of any changes to services immediately after becoming aware of the reason for the change on a permanent data carrier (e.g. also by email, SMS or voice message) in a clear, comprehensible and highlighted manner.
3.3 In the event of a significant change to an essential feature of a travel service or a deviation from special requirements of the traveller that have become part of the package travel contract, the traveller is entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period of time set by TAP at the same time as notification of the change. If the traveller does not expressly declare their withdrawal from the package travel contract within the deadline set by TAP, the change is deemed to have been accepted.
3.4 Any warranty claims remain unaffected if the changed services are defective. If TAP had lower costs for the realisation of the changed trip or a possibly offered replacement trip with the same quality at the same price, the difference is to be reimbursed to the customer in accordance with § 651m para. 2 BGB.

4 Cancellation by the traveller, rebooking

4.1 The traveller may withdraw from the package travel contract at any time before the start of the trip. The cancellation must be declared to TAP at the address given below. If the trip was booked through a travel agent, the cancellation can also be declared to the travel agent. The customer is advised to declare the cancellation in text form.
4.2 If the customer cancels before the start of the tour or does not start the tour, the tour operator loses the right to the tour price. Instead, TAP may demand reasonable compensation, provided that TAP is not responsible for the cancellation. TAP may not demand compensation if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly affect the execution of the package tour or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.
4.3 TAP has determined the following compensation lump sums taking into account the period between the declaration of cancellation and the start of the trip, as well as the expected savings in expenses and the expected income from other uses of the travel services. The compensation shall be calculated according to the time of receipt of the declaration of cancellation with the respective cancellation scale as follows
a) up to the 31st day before the start of the trip 10% of the tour price
b) from the 30th to the 21st day before the start of the tour 20% of the tour price
c) from the 20th to the 12th day before the start of the tour 40% of the tour price
d) from the 11th to the 3rd day prior to departure 60% of the tour price
e) from the 3rd day before departure and in the event of non-arrival 90% of the tour price
4.4 In any case, the traveller is at liberty to prove to TAP that TAP has suffered no damage at all or significantly less damage than the flat-rate compensation demanded by TAP.
4.5 A lump sum compensation according to clause 4.3. is deemed not to have been determined and agreed if TAP proves that TAP has incurred significantly higher expenses than the calculated amount of the lump sum according to clause 4.3. In this case, TAP is obliged to specifically quantify and justify the compensation claimed, taking into account the expenses saved and the acquisition of any other use of the travel services.
4.6 If TAP is obliged to refund the travel price as a result of a cancellation, §651h para. 5 BGB remains unaffected.
4.7 The statutory right of the customer to demand from TAP, in accordance with § 651 e BGB, by notification on a durable medium, that a third party assumes the rights and obligations arising from the package travel contract instead of the customer, remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by TAP 7 days before the start of the tour.
4.8 If, at the request of the traveller, changes are made to the travel date, accommodation, type of catering or other services (rebookings) after conclusion of the contract, TAP may charge a rebooking fee of € 15.00 up to the 31st day before the start of the trip, without the traveller having a legal claim to the rebooking and only insofar as this is possible at all. Later rebookings are only possible by cancelling the travel contract and rebooking in accordance with the above cancellation conditions. This does not apply to rebooking requests that only incur minor costs or if the rebooking is necessary because TAP has provided no, insufficient or incorrect pre-contractual information to the traveller in accordance with Art. 250 § 3 EGBGB.
4.9 It is strongly recommended to take out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.

5 Obligations of the traveller

5.1 Travel documents: The customer must inform TAP or the travel agent through whom he booked the package holiday if he does not receive the necessary travel documents (e.g. hotel voucher, voucher) within the period communicated by TAP.
5.2 Notification of defects / request for remedy:
a) If the trip is not provided free of travel defects, the traveller may demand remedy.
b) If TAP was unable to remedy the situation due to a culpable omission of the notification of defects, the traveller may neither assert claims for a reduction in price in accordance with § 651m BGB nor claims for damages in accordance with § 651n BGB.
c) The traveller is obliged to inform TAP's local representative immediately of any defects. If a TAP representative is not available on site and is not contractually obligated, any travel defects must be reported to TAP at the contact point provided by TAP; the traveller will be informed of the availability of the TAP representative or their contact point on site in the travel confirmation. However, the traveller may also bring the notification of defects to the attention of the travel agent through whom he booked the package tour.
d) TAP's representative is authorised to remedy the situation if possible. However, he is not authorised to recognise claims.
5.3 Setting a deadline before cancellation: If the traveller wishes to terminate the package travel contract due to a travel defect of the type specified in § 651i (2) BGB, insofar as it is significant, in accordance with § 651l BGB, he must first set TAP a reasonable deadline for remedial action. This only does not apply if TAP refuses to provide a remedy or if immediate remedy is necessary.

6 Special obligations of the traveller for packages with medical services, spa treatments, wellness offers

6.1 In the case of packages that include medical services, spa treatments, wellness offers or comparable services, it is the responsibility of the traveller to find out before booking, before departure and before using the services whether the corresponding treatment or services are suitable for them, taking into account their personal health disposition, in particular any existing complaints or illnesses.
6.2 In this respect, TAP is not obliged to provide any special medical information or instruction on the consequences, risks and side effects of such services, in particular tailored to the respective traveller, without express agreement.
6.3 The above provisions apply regardless of whether TAP is only an agent for such services or whether these are part of the travel services.

7 Limitation of liability

7.1 The contractual liability of TAP for damages that do not result from injury to life, body or health and were not culpably caused is limited to three times the travel price.
7.2 TAP is not liable for service disruptions, personal injury and damage to property in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions) if these services were expressly and clearly identified as third-party services in the travel description and the travel confirmation, stating the identity and address of the arranged contractual partner, so that they are recognisably not part of the TAP package tour for the traveller and were selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.
7.3 However, TAP is liable if and insofar as the breach of information, clarification or organisational obligations on the part of TAP has caused damage to the traveller.
7.4 Insofar as services such as medical services, therapy services, massages or other curative treatments or services are not part of the TAP package holiday and are merely arranged by TAP in addition to the booked package in accordance with Clause 7.2, TAP shall not be liable for the provision of services or for personal injury or damage to property. Liability arising from the agency relationship remains unaffected by this. Insofar as such services are part of the travel services, TAP is not liable for the success of the treatment or cure.

8 Cancellation by TAP due to failure to reach the minimum number of participants

8.1 TAP may withdraw from the contract if the minimum number of participants is not reached in accordance with the following provisions:
8.2 The minimum number of participants and the latest date of receipt of TAP's cancellation notice by the client must be stated in the respective pre-contractual information.
8.3 TAP must state the minimum number of participants and the latest cancellation deadline in the travel confirmation.
8.4 TAP is obliged to declare the cancellation of the trip to the customer immediately if it is certain that the trip will not be carried out due to the minimum number of participants not being reached.
8.5 Cancellation by TAP later than 30 days before the start of the trip is not permitted.
8.6 If the tour is not carried out for this reason, the customer will be refunded any payments made on the tour price without delay, section 4.6. applies accordingly.

9. services not utilised

If the traveller does not make use of individual travel services due to premature return, illness or other reasons for which TAP is not responsible, the traveller is not entitled to a pro rata refund. TAP will, however, endeavour to obtain a refund from the service provider and pay the corresponding amounts back to the traveller as soon as and insofar as they have actually been refunded to TAP by the individual service providers, unless the amounts involved are very small.

10. assertion of claims, addressee

The customer/traveller must assert claims against TAP in accordance with § 651i (3) No. 2, 4-7 BGB. The assertion can also be made via the travel agent if the package holiday was booked via this travel agent. The contractual claims listed in § 651 i paragraph (3) BGB expire after two years. The limitation period shall commence on the day on which the contract stipulates that the holiday should end. Assertion in text form is recommended.

11. special regulations in connection with pandemics (in particular the corona virus)

11.1 The parties agree that the agreed travel services will always be provided by the respective service providers in compliance with and in accordance with the official requirements and conditions applicable at the time of travel.
11.2 The traveller agrees to observe appropriate usage regulations or restrictions of the service providers when using travel services and to inform the tour guide and the service provider immediately in the event of typical symptoms of illness occurring.

12 Choice of law and place of jurisdiction; information on consumer dispute resolution

12.1 For travellers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the traveller and TAP. Such travellers may sue TAP exclusively at the registered office of TAP.
12.2 For legal actions brought by TAP against travellers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence is unknown at the time the action is brought, the place of jurisdiction shall be the registered office of TAP.
12.3 With regard to the law on consumer dispute resolution, TAP points out that TAP does not participate in voluntary consumer dispute resolution. If a consumer dispute resolution becomes mandatory for TAP after the printing of these travel conditions, TAP will inform consumers of this in an appropriate form. TAP refers to the European online dispute resolution platform for all travel contracts concluded in electronic legal transactions.

© Protected by copyright; Noll | Hütten | Dukic Rechtsanwälte, Munich | Stuttgart, 2023

The tour operator is:

Tourismusgemeinschaft Albtal Plus e.V.
Schlossplatz 3
76275 Ettlingen
Phone: 07243 354979-0
Registered office of the association: Ettlingen
Register of associations: VR 36.949