General terms and conditions

Dear customer,

 

Regio Augsburg Tourismus GmbH offers you its own packages (which are covered by the General Travel Conditions for Package Holidays) and will also arrange for you rooms and other individual tourist services (e.g. guided tours, sporting events, theatre visits, excursions, exhibitions, third party hotel packages...) as well as package offers from third party tour operators in line with our current range of holidays.

 

If Regio Augsburg Tourismus GmbH arranges third party services on your behalf, then it is acting as a reservation agent in the name and for the account of the hotel, provider of other services or tour organiser. Contractual relations only exist with respect to the service organised between the client and the provider of other services or the tour organiser. It is the sole responsibility of the latter to provide the service. It is the sole responsibility of the other parties to your contract to provide the service in accordance with that contract.

 

If a booking is made, an agency contract is created between the customer and Regio Augsburg Tourismus GmbH. Under this agency contract, Regio Augsburg Tourismus GmbH is obliged to provide comprehensive information, advice and to handle the agency work in an orderly fashion.

 

Therefore, in the event of complaints, the customer should approach the other party to the contract (provider of other services, tour organiser…) and demand redress. If the latter does not remedy the complaint, then Regio Augsburg Tourismus GmbH will be happy to act as conciliator. The terms of business of the individual contracting parties shall apply. Where services are arranged for resellers, Regio Augsburg Tourismus GmbH will act purely as an agent. The general terms and conditions below of Regio Augsburg Tourismus GmbH shall apply. 

 

General terms and conditions of business governing the central accommodation booking service of Regio Augsburg Tourismus GmbH

 

Regio Augsburg Tourismus GmbH acts as an accommodation agency on request, using an electronic reservation system. The service is free to the customer. The rental contract for rooms, holiday apartments or private rooms is between the customer and the host (landlord). The rules of the accommodation contract are binding in respect of the legal relations between guest and landlord.

 

Amongst other things, the following rules apply:

 

1. The accommodation contract is concluded, when the reservation statement of the customer, which may be made in writing, verbally, by telephone, by e-mail or by the Internet, is accepted by written confirmation of reservation by Regio Augsburg Tourismus GmbH (where the reservation is made by the Internet or by e-mail, the reservation statement will be in text form), and is sent to the customer. In the case of booking enquiries made by telephone or verbally at short notice, the telephone or verbal confirmation of reservation by Regio Augsburg Tourismus GmbH results directly in a legally binding contract.

 

2. The landlord is obliged to make reserved rooms available to the customer. Otherwise he shall pay the customer compensation.

 

3. If the customer does not take up the contractual services, then he is obliged to pay the agreed or customary price, less the expenses saved by the host, for the duration of the contract.

 

4. The landlord is required to act in good faith and not to let out unclaimed rooms elsewhere, in order to avoid losses. The receipts are to be covered by the deficiency price.

 

5. The entries in the host directory correspond to the details provided by the landlord.

 

General travel conditions governing package holidays of Regio Augsburg Tourismus GmbH

 

Dear customer, the following travel conditions apply to the packages offered by Regio Augsburg Tourismus GmbH in accordance with § 651 a, para. 1 Civil Code. If validly agreed according to the statutory provisions, they become the subject matter of the tour contract that comes into being according to the statutory provisions of §§ 651 a - m, Civil Code, in the event of a reservation being made, between you - hereafter referred to as the "Customer" - and us, as the tour organiser - hereafter referred to as "RAT". Therefore please read these conditions carefully.



 

1. Conclusion of the tourist contract

 

1.1. By making a written, electronic, verbal or telephone application, the customer makes an offer to conclude a tourist contract. The customer is bound by this offer for two weeks.

 

1.2. The contract only comes into being when the written confirmation reservation (in text form for reservations by e-mail or Internet) is received. This does not apply to reservations if the reservation statement of the customer is submitted less than 7 working days before the start of the journey; in such cases the telephone or verbal confirmation of reservation results in a binding contract.

 

1.3. The application is made by the customer and also applies to all the other participants listed in the application, provided that he has accepted such obligations by means of an express, separate written statement.

 

2. Payment

 

2.1. With the reservation confirmation, the customer receives the security note under § 651 k Civil Code. Unless otherwise agreed, a deposit of ten per cent of the price of the holiday becomes due when the security note is handed over. The balance is payable, without any separate request for payment, 14 days before commencement of the journey. The decisive date is the day on which the money is received in the account of RAT. In return, the traveller will be sent the travel documents.

 

2.2. As a departure from point 2.1, no security note, in accordance with § 651 k Civil Code, need be handed out if the journey lasts no longer than 24 hours, does not include an overnight stay and the travel price does not exceed 75.00 Euro.

 

2.3. Provided advance payments before commencement of the journey are agreed, the security note is handed over and RAT is willing and able to provide the services under the contract, no right exists to claim the contractual services unless the travel price is paid in full.

 

2.4. If the journey is cancelled, then the charges mentioned in 5.2. will be incurred. We strongly recommend that holiday cancellation insurance be taken out. For package holidays costing more than 75.00 Euro per person or which include an overnight stay, holiday cancellation insurance is included in the holiday price. The excess is 20% of the cancellation costs, but no less than 25 Euro.

 

3. Services

 

3.1. The basis of the contract are those services, which are deposited by RAT in the reservation system, or are described in the reservation confirmation in connection with the performance specifications.

 

3.2. Travel agents and administering bodies are not entitled to make promises or enter into obligations concerning services, which go beyond or contradict the details contained in the reservation confirmation and the performance specification, without the written confirmation of RAT.

 

3.3. Hotel, regional and national brochures, as well as other descriptions not contained in the reservation system or drawn up by RAT are for information only and are not binding and their content is neither guaranteed nor checked by RAT. Therefore, only the information deposited by RAT in the reservation system or described in the reservation confirmation in connection with the performance specification applies.

 

4. Changes in services offered

 

4.1. RAT expressly reserves the right, for factually justified and unforeseeable reasons, to declare a change in the services offered before the contract is concluded, about which the traveller will be informed in writing prior to booking.

 

4.2. Changes or deviations in individual travel services from the subject matter of the contract, which become necessary after the contract is signed and have not been brought about by RAT contrary to good faith, are permitted, provided that the changes or deviations are not significant, do not result in any significant change in the holiday service and do not have a detrimental effect on the overall character of the holiday booked. Any guarantee claims are unaffected, if the amended services are defective. RAT is obliged to notify the customer immediately of changes and deviations in service. If necessary, RAT will offer the customer a free change of booking or free cancellation.

 

5. Cancellation by the customer, change of booking, substitute person

 

5.1. The customer can cancel the journey at any time before the journey starts. To be on the safe side, the cancellation should be made in writing. Receipt of the notice of cancellation by RAT is definitive.

 

5.2. If the customer cancels the holiday contract or if he does not start the journey, then RAT can claim compensation for the journey arrangements made and for its expenses in the form of the following lump sums. When calculating the lump sums, account is taken of the expenses usually saved and of the fact that holiday services are allocated elsewhere, which is usually possible:

 

Trips lasting several days, including overnight stay


Up to the 21st day before the start of the holiday, 10% of the holiday price


20th–7th day before the start of the holiday, 30% of the holiday price


From the 7th day before the start of the holiday, 50% of the holiday price


Thereafter or for failure to turn up, 80% of the holiday price


 

Multiple day trips, including overnight stay and flight


Up to the 7th day before the start of the holiday, 40% of the holiday price


From the 7th day before the start of the holiday, 50% of the holiday price


Thereafter or for failure to turn up, 80% of the holiday price

 

5.3. The customer reserves the right to demonstrate to RAT that it has incurred no costs or less costs than the lump sum claimed. In this case the customer is obliged to pay the lesser costs.

 

5.4. In place of lump sum compensation, RAT can claim its costs actually incurred as compensation in accordance with the statutory provisions. In this case it is obliged to provide the customer with detailed figures of its expenses and to provide documentary evidence.

 

5.5. If changes are made (change of booking) with respect to the travel dates, the destination, the place of the start of the holiday, the accommodation or method of transport or any other additional services booked (e.g. health cures, bicycle hire, concert or theatre tickets) at the request of the customer after the holiday has been booked for a period, which comes within the period of validity of the holiday offer, RAT may levy a change of booking charge for each holiday participant. Change of booking requests by the customer, which are made later than 30 days before the start of the holiday, may, provided that they can be implemented in the first place, only be made following cancellation of the holiday contract under the terms of 5.2 and simultaneous submission of a new application. This does not apply to changes of bookings which only involve minor cost.

 

5.6. If, instead of the customer, persons other than those booked intend to travel (substitute person), then this must be notified to RAT in good time. A change of booking fee of 25.00 EUR will be charged. The substitute person takes on all the rights and obligations of the travel contract alongside the original customer and, in particular, both are liable to RAT as joint debtors for the holiday price and the costs incurred as a result of the entry of the substitute person. RAT may object to the change of person as the customer, if the third party does not satisfy the particular requirements with respect to the contract or if statutory provisions or official directives stand in the way of his participation.

 

5.7. Processing, cancellation and change of booking charges are due for immediate payment.

 

6. Services not taken up

 

6.1. If the holidaymaker fails to take up individual holiday services as a result of returning early or for other compelling reasons, then RAT will endeavour to obtain refunds from the administering bodies. This obligation lapses if the services in question are totally irrelevant or if statutory or official provisions stand in the way of a refund.

 

7. Cancellation and termination by the tour operator

 

7.1. RAT can cancel up to 20 days before the start of the holiday, if the minimum number of participants expressly mentioned in the holiday description has not been reached. The statement of cancellation shall be sent to the customer as quickly as possible. Any deposit will be refunded to the customer immediately or, immediately on learning of the cancellation by RAT, the customer can claim another holiday from those on offer that is at least of equivalent value, provided that RAT is able to offer this holiday to the customer at no additional cost. The customer must claim this right from RAT immediately after the holiday is cancelled.

 

7.2. RAT can cancel the travel contract without notice, if the customer persistently disrupts the implementation of the holiday, despite a warning from the organiser and / or if he behaves in such violation of the contract, that immediate cancellation is justified. In this case RAT retains its right to the price of the holiday. RAT only has to allow saved expenses to be credited, as well as those benefits obtained, for example, from credit notes issued by individual administering bodies. In this case, the costs of return travel, as well as any additional costs, will be borne by the customer himself.

 

8. Force majeure

 

8.1. If the journey is impeded, put at risk or adversely affected as a consequence of force majeure, which was not foreseeable at the time the contract was signed, then both RAT and the customer can terminate the contract. If the contract is terminated in accordance with this provision, then RAT loses any claim to the agreed holiday price. However, RAT can demand reasonable compensation for the services already provided or necessary to terminate the holiday. RAT is obliged to take the necessary measures resulting from cancellation of the contract. The additional costs of return transport shall be borne equally between the parties. Otherwise the additional costs will be charged to the customer.

 

9. Warranty, termination by the customer, duty of disclosure

 

9.1. If the holiday is not provided in accordance with the contract, then the customer can demand redress. RAT can refuse redress if it requires disproportionate expense. RAT can also provide redress by offering equivalent compensation.

 

9.2. The customer can demand a corresponding reduction in the holiday price (reduction of payment) for the period during which the holiday is not performed in accordance with the contract. The holiday price shall be reduced in the proportion in which the value of the holiday in its faultless condition would have been in relation to the actual value at the time of sale.

 

9.3. The customer is obliged to notify his complaint immediately to RAT or to the office indicated for the purpose to the customer. If the customer negligently fails to notify a deficiency, then there will be no right to a reduction in price.

 

9.4. If a holiday is significantly impaired as a result of a shortcoming and if RAT does not provide redress within a reasonable period, the customer can terminate the holiday contract under the statutory provisions - in his own interests and expediently by written statement for reasons of preserving evidence. The same applies if it is unreasonable to expect the customer to take the holiday, as a result of a defect attributable to a serious reason, which is apparent to RAT. A period for the provision of redress need only not be defined if redress is impossible or refused by RAT or if immediate cancellation of the contract is justified on the grounds of a particular interest of the customer. The customer owes RAT that part of the holiday price applicable to the services claimed, provided these services were of interest to him.

 

9.5. Notwithstanding the reduction in price or cancellation, the customer can demand compensation for non-performance, unless the shortcoming of the holiday is based on a circumstance for which RAT is not responsible.

 

10. Liability

 

10.1. The contractual liability of RAT for damage, not including physical injury, is limited to three times the price of the holiday,
a) provided the damage to the customer is not brought about with intent or negligently or 
b) provided RAT is responsible for a loss sustained by the customer purely on account of the fault of an administering body.

 

10.2. For all claims for compensation by the customer against RAT for tortious act, which are not based on intent or gross negligence, RAT is liable for material damage up to € 4.100,–. If three times the holiday price exceeds this total, then the liability for material damage is limited to three times the holiday price. These maximum indemnity limits apply to each customer and each journey.

 

11. Exclusion of claims and period of limitation

 

11.1. The customer must make claims against RAT for not performing the holiday in accordance with the contract, within one month following the contractually specified end of the holiday. Once the period has lapsed, the customer can only make claims if he has been prevented from complying with the period through no fault of his own.

 

11.2. Claims by the customer under §§ 651 c to f Civil Code become statute barred after one year from the date of return provided in the contract. If negotiations are pending between RAT and the customer regarding claims made, or the circumstances giving rise to the claim, then the statute of limitations is suspended until the customer or RAT refuses to continue the negotiations in writing or in text form. The statute of limitations comes into force at the earliest 3 months after the end of the suspension.

 

12. Choice of law and legal venue

 

12.1. The entire legal and contractual relationship between RAT and customers, who do not have a general residence or business domicile in Germany, is covered exclusively by German law.

 

12.2. The customer can only sue RAT at its domicile.

 

12.3. For actions by RAT against the customer, the residence of the customer is definitive, unless the action is directed against fully qualified merchants, juristic persons under public or private law or persons, who have their domicile or usual place of residence abroad, or whose domicile or usual place of residence is not known at the time the action is commenced. In such cases the domicile of RAT is definitive.