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Terms and Conditions
These terms of reservation and information regulate the legal
relationship between the traveling party and the tour operator, TOURBU
Sachsen, the information and reservation system of TMGS, the Tourismus
Marketing Gesellschaft Sachsen mbH.
1. Conclusion of the travel contract
A booking is a binding offer on the part of the traveling party to
conclude a travel contract with the tour operator in accordance with
the description of the tour.
A booking can be made in writing, verbally or by telephone. It is made
by the booking party on behalf of all persons specified in the booking.
The booking party is responsible for ensuring that said persons meet
the contractual obligations, and for meeting his own contractual
obligations, unless he has made a separate undertaking in an explicit
and separate declaration.
The contract comes into force when the tour operator accepts the
booking. No specific form is necessary for acceptance. The tour
operator issues a confirmation slip to the traveling party when the
booking is made or immediately thereafter.
If the content of the confirmation slip deviates from the content of
the booking, the tour operator shall provide an alternative offer which
is binding for a period of 10 days. The contract comes into force on
the basis of the new offer if the traveling party provides notification
to the tour operator of his acceptance of the offer within the binding
period.
2. Payment
Deposits in respect of the tour price may only be demanded in advance
of the tour if a security note as per § 651 III lit. k of the German
Commercial Code (BGB) is issued. Reference to security in bold type on
the confirmation slip suffices. When the security note is issued, a
deposit of 20% of the tour price is due. Further payments are effected
on the agreed dates and the balance is due, at the latest, when the
travel documents are issued or access is granted to the same, provided
that it is no longer possible to cancel the tour for reasons given in
7.
3. Services
The scope of services to be provided by the tour operator ensues from
the descriptions of primary services that were provided by the operator
at the time of booking, and the notes in the confirmation slip
pertaining to the same.
4. Alteration of services and prices
Alterations to or deviations from the individual tour services from the
agreed content of the travel contract that are necessary after the
conclusion of the contract are admissible provided that they are made
in good faith by the tour operator and that the alterations and
deviations are not substantial and that they do not impair the overall
itinerary of the booked tour.
This does not affect any warranty claims in the event that the modified services are deficient.
Before the tour commences, the tour operator undertakes to provide
notification without delay to the traveling parties of any alterations
or deviations in contracted services.
The tour operator reserves the right to amend the prices that are
stated and confirmed when the booking is made if there is an increase
in transportation costs or charges for specific services, such as port
and airport charges, or if the currency exchange rates relating to the
tour in question change to the extent that the increase in
transportation costs or charges for specific services per person or per
seat affect the tour price. This only applies if a period of more than
four months has passed between the conclusion of the contract and the
commencement of the tour.
In the event of the subsequent alteration of the tour price or
alteration of an essential service, the tour operator shall inform the
traveling party of the same without delay, but at least 21 days prior
to the commencement of the tour. Price increases after this point in
time are not admissible. If the price increase is higher than 5% or an
essential travel service is substantially modified, the traveling party
is entitled, free of charge, to cancel the travel contract or to be
offered a comparable tour of at least equal value, provided that the
tour operator is able to offer such a tour without additional costs
being incurred by the traveling party.
The traveling party shall exercise these rights without delay after the
tour operator's declaration of a price increase or an alteration to the
travel service.
5. Cancellation by the traveling party, reservation changes, substitute persons
The traveling party may cancel the tour at any time prior to the
commencement of the tour. The receipt of the cancellation notice by the
tour operator is decisive. The traveling party is advised to cancel in
writing.
If the traveling party cancels the travel contract or fails to
participate in the tour, the tour operator may demand reimbursement for
travel preparations and expenses. Generally, saved expenses and the
rescheduling of travel services are taken into account in the
calculation of the amount of reimbursement.
If the traveling party cancels, a flat-rate compensation payment for
travel preparation expenses is due. Conflicting evidence furnished by
the traveling party and the tour operator is admissible.
The tour operator may make a flat-rate compensation charge, as a
percentage of the tour price, in accordance with the following
breakdown and taking into consideration the proximity in time of the
cancellation to the contractually agreed commencement date of the tour:
Number of days prior to departure
up to 90 days 10%
up to 31 days 10%
up to 21 days 30%
up to 11 days 60%
up to the departure date 80%
on the departure date 80%
If the travel date, destination, departure point, accommodation or mode
of transportation are changed at the request of the traveling party
after receipt of the confirmation slip, it is necessary to cancel the
travel contract and make another booking.
Up to the commencement of the tour, the traveling party may demand that
the rights and obligations arising from the travel contract are
transferred to a third party. The tour operator may object to
transferring these rights and obligations to the third party if this
person does not satisfy the specific travel requirements or if his
participation in the tour conflicts with legal regulations or official
directives.
If a third party takes over the contract, he and the traveling party
are jointly and severally liable vis-à-vis the tour operator for the
tour price and any additional costs that are incurred as a result of
the third party taking over the contract.
6. Cancellation and termination by the tour operator
The tour operator may cancel the travel contract without observing the
period of notice before the tour commences or after the tour has
commenced in the following cases:
If the traveling party obstructs the implementation of the tour,
despite having received a warning from the tour operator or one of the
tour operators' representatives or if he breaches the contract to such
an extent that the immediate cancellation of the contract is justified.
If the tour operator cancels the contract, he is still entitled to
payment of the tour price; however, he must first deduct the expenses
that are saved and any benefits obtained as a result of rescheduling
the services that are not used, including payments reimbursed to him by
the service provider. The onus to furnish proof is on the traveling
party in this case.
Up to two weeks before the tour commences:
– in the event that the stated or officially established minimum number
of participants is not attained, if the description of the tour in
question makes reference to a minimum number of participants. In any
case, the tour operator is under obligation to notify the traveling
party if circumstances arise that prevent the implementation of the
tour, and to issue a cancellation notice to the traveler without delay.
The payment effected by the traveling party for the tour is refunded
without delay. If it is evident at an earlier date that the minimum
number of participants cannot be attained, the tour operator shall
inform the traveling party of the same.
Up to four weeks before the tour commences:
– if, after exhausting all possibilities, the tour operator cannot be
reasonably expected to implement the tour because the number of
bookings for the tour in question are so low that the costs incurred by
the tour operator for the implementation of the tour would render it
commercially unviable. However, the tour operator is only entitled to
cancel the tour if he is not to blame for the circumstances that led to
the situation, if he furnishes proof of the circumstances that led to
the cancellation and offers, when possible, an alternative tour that is
comparable to the tour originally contracted to the traveling party.
If the tour is cancelled for this reason, the tour price paid by the customer is refunded in full.
7. Cancellation of the contract due to extraordinary circumstances
If the tour is rendered considerably more complicated, exposed to risk
or impaired due to acts of God, and these circumstances were not
foreseeable at the time when the contract was concluded, both the tour
operator and the traveling party may terminate the contract. If the
contract is terminated, the tour operator may demand reasonable payment
for the travel services already provided or the travel services to be
provided in connection with the cancellation of the tour. The tour
operator is also entitled to take the necessary action, particularly in
the event that the contract provides for return transportation, to
facilitate the return transportation of the traveling parties. Half of
the additional costs for return transportation shall be paid by each
party. In other cases, the additional costs must be paid by the
traveling party.
8. Tour operator's liability
The tour operator is liable, as a careful and prudent businessman, for
the conscientious preparation of the tour, the careful selection and
monitoring of the service providers, the accuracy of the tour
description and the proper provision of the contractually-agreed travel
services.
The tour operator is not liable for faults of persons contracted by a
service provider to fulfill travel services. Further, the tour operator
is not liable if a service provider fails to meet his obligation of
making premises safe for persons or vehicles.
The tour operator is a provider of outside services if, within the
scope of a tour or in addition to the tour, travel by public
transportation is necessary and an appropriate ticket is issued to the
traveling party. Specific reference must be made to this in the tour
description and the confirmation slip. He is therefore exempt from
liability for the performance of the transportation services. Any
liability in such cases is established on the basis of the company's
transportation regulations and any international regulations that are
applicable, or in the event of air transportation, in accordance with
the Warsaw Convention as amended on 1 August 1963, EEC Directive no.
295/91 and EU Directive no. 2027/97 of 9 October 1997 and, in the event
of transportation by sea, in accordance with the 2nd Law of the Sea as
amended on 25 July 1986.
9. Warranties
Corrective action
If the tour is not provided in accordance with the contract, the
traveling party may demand that the tour operator take corrective
action. The tour operator may refuse to take corrective action if this
necessitates disproportionately high expenditure. The tour operator may
also take corrective action by arranging an alternative comparable
tour.
Reduction of the tour price
For as long as the tour is not provided in accordance with the
contract, the traveling party may demand an appropriate reduction in
the tour price (discount). The tour price shall be proportionately
reduced, based on the difference between what the tour would have cost
had it been provided in accordance with the contract at the time of
sale and the true value. No reduction will be made if the traveling
party fails to provide notification of defective performance.
Termination of the contract
If a tour is considerably impaired due to a shortcoming and the tour
operator does not take corrective action within a reasonable period of
time, the traveling party may give notice of termination of the travel
contract in accordance with the statutory provisions. It is in the
interest of the traveling party, and for the preservation of evidence,
to provide notice of termination in writing. This also applies if the
traveling party cannot be reasonably expected to take the tour due to a
shortcoming for an important reason that the tour operator is aware of.
The tour operator is not granted a period of grace to remedy the
situation if this is impossible or the tour operator refuses to do the
same, or if termination of the contract without notice for an important
reason due to the fault of the tour operator is justified. The
traveling party must pay the portion of the tour price pertaining to
services already provided by the tour operator.
10. Restrictions on liability
Contractual liability on the part of the tour operator for damage other
than physical damage is restricted to three times the price of the
tour,
* unless the damage was caused to the traveling party by willful intent or gross negligence or
* unless the tour operator is liable for damage
caused to the traveling party through the fault of a service provider.
Maximum liability for damage to property in the case of tortious
liability, that is not caused by willful intent or gross negligence, is
restricted to three times the price of the tour. The tour operator is
not liable for sub-standard services that were merely arranged as
outside services (e.g. sports events, theater visits, exhibitions
etc.), which were explicitly described in the tour description as
outside services.
11. Duty to co-operate
The traveling party undertakes, in the event of sub-standard services,
to co-operate within the scope of statutory provisions in order to
avoid or minimize potential loss, and to take appropriate action to
prevent the occurrence of loss.
The traveling party undertakes, in particular, to notify the local tour operator of his complaint.
12. Exclusion of claims and limitation period
Claims in respect of tours that are not implemented in conformity with
the contract must be asserted by the traveling party vis-à-vis the tour
operator within one month of the contractually specified date on which
the tour ends. After this time period expires, the traveling party may
only assert claims if he was unable, through no fault of his own, to
assert the claim within the prescribed period of time.
Claims asserted by traveling parties in accordance with Paragraphs 651
c – f of the German Commercial Code (BGB) are subject to a limitation
period of one year. Limitation of time begins on the day on which the
tour is due to end in accordance with the contract.
In the event of ongoing negotiations on asserted claims or on
circumstances justifying the claim between the traveling party and the
tour operator, the limitation period is suspended until the traveling
party or the tour operator refuses in writing or in text form to
continue these negotiations. The limitation period may not end until at
least three months after the end of the suspension. The exclusion of
claims and limitation period apply for all types of claims in respect
of unauthorized acts.
13. Insurance to cover travel cancellation costs
The tour operator advises the traveling party to take out insurance to
cover travel cancellation costs within the scope of the relevant
applicable insurance terms when he books the tour.
14. Place of jurisdiction
The traveling party may only bring action against the tour operator at the tour operator’s domicile.
In the event that the tour operator brings action against the traveling
party, the permanent residence of the traveling party is decisive,
unless the action is brought against merchants who have been entered in
the register of companies and do not have a general place of
jurisdiction inland, or against persons who move their permanent or
habitual residence to another country after the conclusion of the
contract, or whose permanent or habitual residence is not known at the
time when the action is brought. In such cases, the domicile of the
tour operator is decisive.
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