TERMS AND CONDITIONS FOR ALL-INCLUSIVE OFFERS FROM MOSELLANDTOURISTIK GMBH FOR BOOKINGS UNTIL AND INCLUDING 30TH OF JUNE 2018
Dear foreign guest, The following translation of the Terms and Conditions for travel packages offered by Mosellandtouristik GmbH for bookings until and including 30th of June 2018 is exclusively offered as a service for your better understanding. Exclusively the German version is legally relevant.
The following terms and conditons apply for all-inclusive offers from Mosellandtouristik which the Mosellandtouristik is offering!
We would ask you to read through the following terms and conditions of travel carefully. These terms and conditions of travel will become an integral part of the travel contract which you – hereinafter known as ‘traveller’ or ,guest’- enter into with Mosellandtouristik GmbH, hereinafter known as ‘Mosellandtouristik’, as tour operator before 1st of July 2018.
These terms and conditions of travel shall only apply for Mosellandtouristik all-inclusive offers. These do not apply to the brokerage of external services (for example guided tours and entry tickets) and not for contracts of accommodation services, or the brokerage thereof.
1. Conclusion of Contract
1.1 With the booking (travel registration), which can be made verbally, by telephone, in writing, per Fax, per e-mail, Mosellandtouristik‘s customer offers the binding conclusion of a travel agreement. The basis of the offer is the travel description, these terms and conditions of travel and all supplementary information in the booking basis (catalogue, host directory, internet), as far as these are available to the customer. For online bookings point1.3 applies exclusively.
1.2 The travel contract comes into existence with the booking confirmation provided by Mosellandtouristik to the customer. This confirmation is not bound to any specific form. At or immediately after the conclusion of the contract the customer receives a written copy of the booking confirmation. A written copy of the booking confirmation may omitted, if the customer books less than 7 working days prior the start of the travel.
1.3 Insofar that Mosellandtouristik offers the option of a binding booking by means of an electronic conclusion of contract via an internet platform, the following applies for this type of contract:
a) The online booking process is explained to the customer by means of relevant notes. The contract language is exclusively the German language.
b) The customer can correct or delete or reset the entire online booking form by means of a correction option which is explained in the course of the booking process.
c) After the customer has concluded the selection of the desired travel service and has entered his personal data, all the data including all the essential information about prices, services, booked additional services and any booked travel insurance are displayed. The customer now has the option of discarding the entire booking or to rebook.
d) By clicking the „Make payable reservation“, the customer is bindingly offering the the conclusion of the travel contract to Mosellandtouristik. Clicking this button, and after receipt of a booking confirmation by Mosellandtouristik therefore results in the conclusion of a payable travel contract. Sending the contractual offer by clicking the “Make payable reservation” button does not establish any entitlement on the part of the traveller to the conclusion of a travel contract. Mosellandtouristik is instead at liberty to accept the traveller’s contractual offer (the booking) or not.
e) If the booking is not confirmed in real time Mosellandtouristik will immediately confirm the receipt of the booking to the customer by electronic means. However, this confirmation of receipt does not constitute a booking confirmation and does not constitute a claim of conclusion of the travel contract in accordance with the booking request of the customer.
f) The travel contract comes into existence with the receipt of the booking confirmation by the customer which Mosellandtouristik will provide in the form the customer specified during the booking process, e.g. via email, per Fax or by postal service.
1.4 Should the booking confirmation by Mosellandtouristik differ from the customer‘s booking, this constitutes a new offer by Mosellandtouristik to which Mosellandtouristik is bound for 7 days following the date of the booking confirmation. The contract shall be concluded on the basis of the amended offer, if the customer expressly declares acceptance thereof by means of declaration, down payment or final payment. The same applies if Mosellandtouristik has presented a written offer for a fixed-rate package to the customer.
2. Services, Change of Services
2.1 The services owed by Mosellandtouristik exclusively arise from the content of the booking confirmation in combination with the description of the relevant package the confirmation is based on and in accordance with all notes and explanations contained in the booking basis.
2.2 Travel agents and service providers, in particular accommodation companies, are not authorized by Mosellandtouristik to provide assurances or enter into agreements which go beyond the scope of the travel offer in the booking confirmation or contract this or amend the content of the travel contract.
2.3 Information in hotel guides, brochures and similar directories, in particular also brochures of the accommodation providers, which are not published by Mosellandtouristik are not binding for Mosellandtouristik‘s service performance, provided that they have not been made content of the service obligation of the host by express agreement with the guest.
3. Down payment / Payment of remaining balance
3.1 A down payment is to be made when the contract is entered into, (Receipt of booking confirmation) and following the hand-over of an insurance cover note in accordance with §651k of the (German) Civil Code [BGB]. This will be counted towards the price of the trip. Unless an agreement is made to the contrary and remarked in the booking confirmation in an individual case it will amount to 10% of the trip price.
3.2 The remaining payment will become payable 3 weeks before the beginning of the trip, unless another payment date has been agreed in an individual case, the insurance cover note has been handed over and insofar that it is established the travel can no longer be cancelled for the reasons stated in point 9 of these terms and conditions. The entire price will be payable immediately for bookings made less than 3 weeks before the beginning of the trip.
3.3 Notwithstanding the provision in point 3.1 and 3.2, the obligation of handing over a „Sicherungsschein“ (certificate of insurance) lapse, · if the trip does not last for more than 24 hours, does not include an overnight stay and the price of the trip does not exceed 75 € per person per night. · if the agreed holidays do not include any transportation from or to the destination and it is agreed that entire cost of the travel only has to be paid on location at the end of the trip/stay.
3.4 Insofar as no contractual or legal right of withdrawal of the customer exists and Mosellandtouristik is prepared, and in a position to render the contractual services, the following applies: a) If the guest fails to pay the down payment of the remaining balance or fails to pay either of them in full at the dates for payment agreed, without the guest being entitled to a contractual or statutory right to do so, Mosellandtouristik shall, having sent out a written payment reminder with a set period of payment, consequently be entitled to withdraw from the contract and charge the guest with withdrawal costs in accordance with point 4 of these terms and conditions. b) Without full payment of the travel price, the customer is not entitled to the travel services or handing over of the travel documents.
4. Withdrawal by the customer, rebooking
4.1 The customer may withdraw from the trip at any time until the trip begins. To avoid misunderstandings, it is recommended that withdrawal is stated in writing. The date of withdrawal shall be the date on which withdrawal is received by Mosellandtouristik.
4.2 In each case of withdrawal by the guest, Mosellandtouristik shall be entitled to compensation of the travel arrangements and the expenses incurred by Mosellandtouristik as follows, whereby expenses usually saved and the other use of cancelled places as normal must be taking into consideration: · up until the 31st day before the beginning of the trip 10 % · from the 30th to the 21st day before the beginning of the trip 20 % · from the 20th day to the 12th day before the beginning of the trip 30 % · from the 11th day to the 3rd day before the beginning of the trip 70 % · from the 2nd day to the the day on which the trip begins and in the event that the tourist fails to appear 90 % of the cost of the trip
4.3 We urgently recommend taking out a travel cancellation insurance as well as insurance which covers repatriation costs in case of accidents or illness.
4.4 The customer is at liberty to prove that the costs incurred by Mosellandtouristik are less than those set rates above or that Mosellandtouristik has not incurred any costs. In this case the customer is only obliged to pay the lower costs.
4.5 Mosellandtouristik reserves the right to demand a higher concrete compensation instead of above all-inclusive prices insofar as Mosellandtouristik demonstrates that the expenditure incurred by Mosellandtouristik significantly exceeds the respectuvely applicable all-inclusive price. In asserting such a claim, Mosellandtouristik is obliged to definitively quantify and substantiate the compensation demanded, taking possibly saved expenditures and a possible other use of the travel services into account.
4.6 Should the customer wish to make modifications with regard to the travelling date, accommodation, catering or other services (rebookings) after conclusion of the contract, Mosellandtouristik can charge a rebooking fee of €15 up to 32 days before the travel date without this resulting in any legal claim on the rebooking for the customer and as long as it is at all possible. Later rebookings are only possible through withdrawal from the travel contract and new bookings according to the above cancellation conditions. This does not apply to rebooking requests that cause only minor additional costs.
5. Obligations of the traveller (notice of defects, cancellation, exclusion period)
5.1 The traveller is obliged to immediately notify Mosellandtouristik of any possible defects and to demand that the defect is rectified. Claims of the traveller only remain valid, if the failure to assert a claim on time does not result from any responsibility of the traveller. A notice of defects to the service provider, in particular the accommodation company is not sufficient.
5.2 If, due to a deficiency, the travel is adversely affected to a considerable extent, or if the traveler cannot be expected to go on the trip as a result of such a defect for a serious reason recognised by Mosellandtouristik, the traveller may serve notice of termination on the travel contract in accordance with the statutory provisions (§ 651e German Civil Code (BGB)). The termination is only permitted if Mosellandtouristik or its appointed agent have been allowed a reasonable period of time, set by the traveller, to elapse without rectifying the defect. The traveller will not have to set a period of time if it is impossible to rectify the defect or if Mosellandtouristik or its appointed agent refuse to rectify the defect or if immediate termination of the contract is justified by a specific interest of the tourist.
5.3 The traveller must assert claims due to non-rendering of the travel services within one month of the contractually specified return date of the planned travel to Mosellandtouristik at the address below. Notification of a claim in a timely manner cannot be made to service providers, in particular to the business providing the accommodation. It is strongly recommended that a claim is asserted in writing. Claims of the traveller only remain valid, if the failure to assert a claim in a timely manner does not result from the responsibility of the traveller.
6. Special obligations of the traveller for packages with medical services, spa treatment, wellness offers
6.1 For packages that contain medical services spa treatments, wellness offers or comparable services, the onus is on the traveller to inform himself, before booking, before the travel and before making use of the services, whether the respective treatment or services are suitable for the traveller, taking into consideration his personal health, in particular any existing complaints or illnesses.
6.2 To this regard, in the absence of an express agreement, Mosellandtouristik does not owe any special medical information, in particular specific to the traveller, or any instructions about consequences, risks and side effects of such services.
6.3 The above provisions apply irrespective of whether Mosellandtouristik only acts as the broker for such services or whether these are parts of the travel services.
7. Special obligations of the traveller for bicycle trips
7.1 It is the traveller’s responsibility to ensure traffic safety, technical functioning and any other conditions related to carrying an own bicycle. In this context, Mosellandtouristik is not subject to the obligation to provide advice or inspection.
7.2 The customer has the duty to inspect his/ her own bicycle or a bicycle provided by us for technical deficiencies and traffic safety, both at the beginning of the tour and during the tour. In accordance with their general legal obligation to report defects, the traveller must report any defects that might occur immediately to the appointed Mosellandtouristik guides - or should a tour guide not be contractually included - report defects directly to Mosellandtouristik - and request that the problems with the provided bicycles be remedied. The traveller is obliged to strictly adhere to all traffic regulations.
7.3 The traveller is bound to avoiding any damage, impairment or endangerment of persons or property and to adapt his driving style accordingly when riding his/her bicycle.
8.1 Mosellandtouristik’s contractual liability for damages not arising from harm to life, body or health is limited to the threefold travel price insofar as the damage suffered by the customer has not been brought about by intent or gross negligence, and insofar as Mosellandtouristik is only held responsible for damage suffered by the traveller through the fault of a service provider.
8.2 Mosellandtouristik shall not be liable for statements made and disruptions in performance connected with performances, which are not contractually agreed main performances and are not an integral part of the all-inclusive package offered by Mosellandtouristik and which are identifiable for the customer and described in the trip description or booking confirmation as a third party performance, or during the trip are only announced as being third party performances (E.g. spa and wellness performances, sporting events, visits to the theatre, exhibitions, excursions etc.).
8.3 As far as services, such as medical services, therapeutic treatments, massages or other treatments or services, are not part of the package offer by Mosellandtouristik, and are only brokered in addition to the booked package according to point 8.2, Mosellandtouristik is not liable for the service nor for personal injury or damage to property. As far as such services are part of the travel services, Mosellandtouristik is not liable for the therapy or treatment success.
9. Withdrawal by Mosellandtouristik due to failure to obtain the minimum number of participants
9.1 Mosellandtouristik can, if the minimum number of participants specified in the concrete travel offer or in a general note in the travel brochure for all or the described travels, withdraw from the travel contract up to 3 weeks prior to the the start of the travel.
9.2 The minimum number of participants must be specified in booking confirmation or the booking confirmation must refer to the relevant information in the travel description.
9.3 Mosellandtouristik undertakes to immediately inform the customer when the requirement for a non-performance of the travel is met and to immediately forward a notice of withdrawal.
9.4 If it becomes apparent prior to the expiry of the period specified in point 9.1 that the travel will not be performed, then Mosellandtouristik is obliged to immediately declare its withdrawal.
9.5 Following a cancellation, the customer can demand participation in an at least equivalent other travel, if Mosellandtouristik is in a position to offer such a travel without extra charge to the customer from its range of offers. The customer must assert this claim immediately after the declaration of cancellation of the travel by Mosellandtouristik by notifying Mosellandtouristik.
9.6 In case of withdrawal by Mosellandtouristik the customer shall be immediately reimbursed any payments made.
10. Performances not used
If the tourist does not avail himself of individual services offered as part of the travel package as a result of returning early, illness, or for other reasons for Mosellandtouristik is not to blame, the tourist shall not be entitled to have a proportion of the money he has paid reimbursed to him. Mosellandtouristik shall however endeavour to obtain a refund from the organisers provided that the amounts involved are not just minor and repay such amounts to the customer, as soon as, and in so far as they have actually be repaid by the individual organisers to Mosellandtouristik.
11.1 Contractual claims of the traveller according to §§ 651c to f German Civil Code (BGB) arising from injury to life, body or health including contractual claims for compensation which are based on a negligent breach of duty by Mosellandtouristik or intentional or negligent breach of duty by one of its legal representatives or vicarious agents of Mosellandtouristik, are subject to a 2 year limitation period. This also applies to claims for compensation for other damages that are based on gross negligent breach of duty of Mosellandtouristik or intentional or gross negligent breach of duty of a legal representative or vicarious agent of Mosellandtouristik.
11.2 All other contractual claims are subject to a 1 year limitation period according to § 651c to f German Civil Code (BGB).
11.3 The period of limitation according to point 11.1 and 11.2 starts on the day following the day on which the trip was supposed to end according to the travel contract. If the last day of the time period is a Sunday, an officially recognised public holiday or a Saturday, the next working day will serve instead.
11.4 If negotiations between the traveller and Mosellandtouristik are ongoing about the claim or the circumstances giving rise to the claim, the period of limitation is suspended until the traveller or Mosellandtouristik refuses the continuation of the negotiations. The limitation of claim will come into effect at the earliest three months after the said suspension.
12. Information about alternative dispute resolution mechanisms; governing law and jurisdiction
12.1 With regard to the Consumer Dispute Resolution Act (VSBG), Mosellandtouristik would like to point out that participation in the material provisions of this law were not mandatory for Mosellandtouristik at the time these terms and conditions went to print and that Mosellandtouristik does not participate in voluntary consumer dispute resolution. Should consumer dispute resolution become obligatory for Mosellandtouristik, Mosellandtouristik will inform the consumers hereof in an adequate manner. For all contracts concluded via electronic transactions, Mosellandtouristik refers to the European online dispute resolution platform ec.europa.eu/consumers/odr/.
12.2 For travellers who are not citizens of a member state of the European Union or are Swiss citizens, the entire legal and contractual relationship between the traveller and Mosellandtouristik is exclusively governed by German law. Such travellers can lay claims against Mosellandtouristik exclusively at its registered place of office.
12.3 For claims by Mosellandtouristik against travellers or contractual partners of the travel contract, who are merchants, legal entities of public or private law or persons, who have their residence or ordinary place of residence abroad, or whose residence or ordinary place of residence is unknown at the time of the claim, Mosellandtouristik‘s registered seat is agreed on as the place of jurisdiction.
© These terms and conditions of travel are protected by copyright; RA Noll Stuttgart, 2004 – 2018
The tour operator is Mosellandtouristik GmbH
Managing director: Sabine Winkhaus-Robert
Commercial register at the local court of Wittlich, HRB 21498
Telephone +49(0)6531/9733-0 Fax +49(0)6531/9733-33