Travel conditions for Zeller Land Tourismus GmbH

Dear English guests, the following translation of the terms and conditions is simply provided as a service to ensure you have better understanding. In legal terms, only the German version is decisive.

The following travel conditions apply to all-inclusive packages that the Zeller Land Tourismus GmbH offers at holiday region Zeller Land!

Dear guest,

We ask you to carefully read the following travel conditions for flat-rate offers. The travel conditions are, if incorporated, part of the travel agreement that you - referred to below as the "traveller" or "customer" - conclude with the Zeller Land Tourismus GmbH, hereinafter abbreviated to"ZLT" , as the tour operator. These travel conditions apply exclusively to the all-inclusive packages offered by ZLT. They do not apply to arranging third party services (e.g. guest tours and tickets) nor to contracts for accommodation services or for arranging such services.

1.    Conclusion of the agreement

1.1           With the booking (travel reservation) which may be made orally, by telephone, in writing, by email or by fax, the customer offers to conclude a binding travel contract with ZLT. The basis for the offer are the travel description, these travel conditions and all the additional information on which the booking is based (catalogue, host directory, internet) if these are available to the customer.

1.2           The travel contract comes into existence when ZLT provides the customer with the booking confirmation. It does not require a particular form. Upon or immediately after conclusion of the contract, the customer will receive a written copy of the booking confirmation. A written confirmation of the booking confirmation need not be sent if the customer's booking is made less than 7 working days before the trip.

1.3           If ZLT 's booking confirmation deviates from the customer booking, this constitutes a new offer from ZLT to which it is bound for 7 days from the date of the booking confirmation. The contract comes into existence on the basis of this modified offer if the customer declares acceptance of this offer by an explicit declaration, advance or full payment. This applies accordingly if ZLT provides a written offer to the customer for a flat-rate price.

2.       Services, changes to services

2.1   The services that ZLT must provide arise exclusively from the content of the booking confirmation in connection with making the relevant offer of an all-inclusive package on which this is based and according to all of the information and notes contained in the basis for booking.

2.2   Travel agents and service providers, in particular accommodation providers, are not authorised by ZLT to make assurances or agreements that go beyond the travel description or booking confirmation or to contradict or modify the confirmed content of the travel contract.

2.3   Information in hotel guides, brochures and similar directories, in particular the internal brochures of the accommodation host that are not issued by ZLT are not binding for ZLT and its obligation to provide services if they were not made part of the content of the services that the host is obliged to provide with the explicit agreement with the guest.

3.    Advance/outstanding payment

3.1   On conclusion of the contract (receipt of the booking confirmation) and after handover of a guarantee certificate pursuant to Section 651k of the German Civil Code (BGB), an advance payment is to be made and this is to be offset against the travel price. If nothing further has been agreed and is noted in the booking confirmation, this is 20% of the travel price.

3.2   The outstanding payment is due 28 days before the trip begins if no other payment date has been agreed in the individual case, the certificate of insurance has been handed over and if the trip can no longer be cancelled for the reasons stated in Number 7 of these conditions. For bookings less than 28 days before the trip starts, the whole price is due for payment immediately.

3.3   In contrast to the provision in Numbers 3.1 and 3.2 there is no obligation to provide a guarantee certificate if the all-inclusive package does not last for longer than 24 hours, does not include accommodation and the travel price does not exceed €75 per person if the contractual services do not include transport to and from the holiday location and it is agreed and marked in the booking confirmation that the whole travel price is to be paid locally only after the end of the trip.

3.4   If the customer has no contractual or legal withdrawal right and ZLT is willing and able to provide the contractual services, the following applies:

a) If the guest does not make an advance or final payment when due or not in full by the agreed deadlines, ZLT is entitled after issuing a reminder with a deadline, to withdraw from the contract and to charge the guest the withdrawal costs as per Number 4 of these conditions.

b) Without full payment of the travel price the customer has no right to use the travel services or receive the travel documents.

4.    Withdrawal by the customer, rebooking

4.1   The customer may withdraw from the trip at any time before it starts. It is recommended that the withdrawal is declared in writing in order to avoid misunderstandings. The key date is the receipt of the withdrawal declaration by ZLT.

4.2   In all cases of withdrawal by the guest, ZLT is entitled to reimbursement for the travel preparations made and ZLT 's expenses as stated below, whereby ordinarily saved expenditure and ordinarily possible other use of travel services must be taken into account:

up to 31 days before the trip starts                                                                       10 % of the travel price

 

between 30 and 21 days before the trip starts                                                 20% of the travel price

 

between 20 and 12 days before the trip starts                                                 30% of the travel price

 

between 11 and 3 days before the trip starts                                                   70% of the travel price

 

less than 3 days before the trip starts and for non-arrival                        90% of the travel price

4.3   It is urgently recommended that guests conclude travel cancellation insurance and insurance to cover the return costs in the event of accident or illness.

4.4   The customer may demonstrate that ZLT incurred no or much lower costs than the flat-rates stated above. In this case the customer is only obliged to pay the lower costs.

4.5   ZLT reserves the right in place of the flat-rates stated above to request higher, specific compensation if ZLT proves that it incurred much higher costs than the applicable flat-rates. If ZLT asserts such a claim, ZLT is obliged to quantify and provide specific evidence for the requested compensation whilst taking into account any saved costs and any other use of the travel services.

4.6   If after concluding the contract, changes are made at the request of the customer relating to the travel date, accommodation, catering or other services (rebookings) ZLT can, without there being a legal entitlement of the customer to make a rebooking and only if this is possible, charge a rebooking fee of €15 up to the 32 days before the trip starts. Later rebookings are only possible by withdrawing from the travel contract and rebooking as per the withdrawal conditions stated above. This does not apply to rebooking requests that only result in minor costs.

5.    Traveller's duties (notification of defects, termination, exclusion period)

5.1   The traveller is obliged to notify ZLT about defects and faults without delay and to request resolution. Claims by the traveller only remain valid if the traveller is not at fault for failing to make the complaint as above. Notification of defects to the service provider, including but not limited to the accommodation provider, is not adequate.

5.2   If the trip is significantly adversely affected by a defect or it is unreasonable for the traveller to undertake the trip as a result of such a defect for good cause acknowledged by ZLT, the traveller may withdraw from the travel contract under the statutory provisions (Section 651e of the German Civil Code (BGB)). The termination is only permitted if ZLT or its appointees have allowed an appropriate period determined by the traveller to pass without providing resolution. The setting of a period is not required if the resolution is impossible or was refused by ZLT or its appointees or if the immediate termination of the contract is justified by a special interest of the traveller.

5.3   The traveller must assert claims arising from the failure to provide travel services in compliance with the contract against ZLT within one month of the contractually planned return date at the address stated below. Notification, even if timely, cannot be made to the service providers, including but not limited to the accommodation providers. Written assertion is urgently recommended. Claims by the traveller only remain valid if he or she is not at fault for failing to assert them within the period stipulated.

6.    Liability

6.1   ZLT 's contractual liability for damages not arising from injury to life, limb or health is restricted to three times the travel price, if damage to the traveller was neither deliberate nor grossly negligent or ZLT is responsible for the damage incurred by the traveller due to the culpability of a service provider only.

6.2   ZLT is not liable for statements made about and faults in services that are not contractually agreed main services and are not part of the ZLT all-inclusive package and are identifiable as such for the customer and marked in the travel information or booking confirmation as third-party services or were simply arranged as third-party services during the stay (e.g. spa and wellness services, sports events, theatre tickets, exhibitions, trips etc.)

6.3   If such services as medical services, therapy services, massages or other healing applications or services are not part of the ZLT all-inclusive package and are simply arranged in addition to the booked flat-rate services under Number 6.2, ZLT is not liable for the provision of the services nor for personal injury nor damage to property. If such services are part of the travel services, ZLT is not liable for the success of the healing or spa treatment.

7.    Withdrawal by ZLT if the required number of participants is not met

7.1   ZLT may, if a minimum number of participants is stated in the specific trip details for a particular trip or in a general notification in the travel brochure for all or specifically specified trips, withdraw from the travel contract up to 28 days before the trip starts if this minimum number of participants is not reached.

7.2   The minimum number of participants must be stated in the booking confirmation or reference is to be made there to the relevant details in the travel information.

7.3   ZLT is obliged to inform the customers immediately after the occurrence of the requirement to not carry out the trip and to refer them without delay to the withdrawal declaration.

7.4   If it becomes clear before the end of the period stated in Number 7.1 that the trip will not take place, ZLT is obliged to declare withdrawal without delay.

7.5   If a trip is cancelled, the customer can request to join a trip of at least equal value if ZLT is able to offer such a trip to the customer from its range without additional charge to the customer. The customer has the right immediately after the declaration about the cancellation of the trip to assert this against ZLT.

7.6   In the event of withdrawal by ZLT the customer will immediately be reimbursed for the payments made for the trip.

8.    Services not utilised

If the traveller does not use individual travel services due to return ahead of time, sickness or other reason for which ZLT is not responsible, he or she has no claim to a pro rata reimbursement. ZLT will however, if the amounts are not minor, make efforts to receive reimbursement from the service provider and to repay the customer for these amounts as soon as and to the extent to which individual service providers actually reimburse ZLT.

9.    Limitation of claims

9.1   Contractual claims by the traveller under Sections 651c to f BGB for injury to life, limb or health including contractual claims for pain and suffering that are based on a negligent infringement of duty by ZLT or a deliberate or negligent infringement of duty by a statutory representative or vicarious agent of ZLT lapse after 2 years. This also applies to claims for the reimbursement of other damages based on the grossly negligent infringement of duty by ZLT or the malicious or grossly negligent infringement of duty by statutory representatives or vicarious agents of ZLT.

9.2   All other contractual claims under Section 651c to f BGB lapse after 1 year.

9.3   The limitation period in Number 9.1 and 9.2 starts on the day following the one on which the travel was supposed to end as contractually agreed. If the last day of the period falls on a Sunday, a state-recognised public holiday at the location of the declaration or on a Saturday, it is replaced by the next working day

9.4   If there are negotiations between the traveller and ZLT about the asserted claims or circumstances that give rise to the claim, the limitation period is stopped until the traveller or ZLT refuses to continue the negotiations. The limitation period comes into force at the earliest 3 months after the end of the stoppage period.

10.  Notes on institutions for alternative dispute resolution; choice of law and jurisdiction agreement

10.1         ZLT points out with regard to the law on consumer dispute resolution that when publishing these travel terms, participation by ZLT in the consumer dispute resolution is not compulsory and ZLT does not take part in voluntary consumer dispute resolution. If a consumer dispute resolution became binding for ZLT, ZLT would inform the consumers about this in the appropriate form. ZLT directs consumers to the European online dispute resolution platform ec.europa.eu/consumers/odr/ for all legal agreements concluded electronically.

10.2         For travellers that do not belong to a member state of the European Union or are not Swiss citizens, the exclusive application of German law is agreed for the complete legal and contractual relationship between the traveller and ZLT. Such travellers may only take legal action against ZLT at their location.

10.3         For lawsuits brought by ZLT against customers who are business people, legal entities in public or private law or people who have their normal place of residence or location in another country or whose place of residence or normal location is not known at the time the lawsuit was started, the court of jurisdiction will be ZLT 's head office.

© urheberrechtlich geschützt; Noll & Hütten Rechtsanwälte, Stuttgart 2004 - 2017Reiseveranstalter: Zeller Land Tourismus GmbH, Balduinstr. 44, 56856 Zell (Mosel), Telefon: 06542 - 96220, Telefax: 06542 - 962229, E-Mail: info@zellerland.de, Geschäftsführer: Michael von Aschwege