Leipzig Tourismus und Marketing GmbH

Augustusplatz 9, D-04109 Leipzig
 
Date: 29.06.2017

General standard terms and conditions

 

 
 
 
 
 
 
 
 
   
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General terms and conditions for package tours

1. Conclusion of the travel contract

1.1 By booking a tour - be it in writing, orally, by telephone or by fax - Travellers make a binding proposal to LTM to conclude a travel contract based on the tour description, all the supplementary details contained in the basis of booking, and these travel conditions.

1.2 The travel contract comes into being upon the Traveller's booking being confirmed, regardless of the form said confirmation takes. The Traveller shall receive written confirmation upon or immediately following the conclusion of the contract.

1.3 Should the contents of the confirmation of booking deviate from the contents of the booking itself, this shall constitute a new proposal on the part of LTM, which shall remain binding on LTM for 10 days, and which can be accepted by the Traveller by means of express declaration, deposit, payment of the balance, or starting the tour.

1.4 The person placing the booking shall be liable for all obligations stemming from the travel contract of the other participants in whose name the booking has been made, assuming this person has assumed this obligation by means of an express, separately written declaration.

2. Services, changes to services, prices

2.1 LTM's service obligations stem exclusively from the contents of the confirmation of booking in connection with the brochure valid for the time of the tour or the tour advertisement, taking into consideration all information and explanations contained therein.

2.2 Service providers (e.g. hotels) and travel agencies are not authorised by LTM to give assurances or to make agreements going beyond or contradicting the tour description or the confirmation of booking by LTM, or which alter the contents of the travel contract.

2.3 Brochures issued by hotels, towns and villages which have not been made the basis of either the tour advertised or the booking by LTM shall not be of material importance or binding upon LTM or its contractual service obligation.

2.4 Supplementary agreements which extend the contents of services shall only become binding upon express confirmation by LTM.

2.5 Changes to and deviations from the agreed contents of the travel contract which become necessary following the conclusion of the contract, and which are not introduced in bad faith by LTM, are permitted, as long as these changes or deviations are not considerable in scope, do not result in an essential change to the travel service, and do not affect the overall character of the tour booked. Any guarantee claims shall remain unaffected if the altered services are beset by shortcomings. LTM shall be obliged to immediately inform Travellers of changes to and/or deviations from services. If necessary, LTM shall offer the Traveller the right to withdraw from the contract at no charge or penalty.

2.6 Discounts for children are listed in the booking information and the price tables. Discounts for children shall depend on their age on the date on which the tour commences. For example, the age specification "4 to 11 inclusive" includes the period from a child's fourth birthday until one day before his/her twelfth birthday. LTM is entitled to verify the age of children for whom bookings have been made using identity documents etc. Should the true age not be the same as that given upon booking, LTM shall be entitled to charge the difference between the price paid and the full price plus an administrative fee of EUR 15. Reductions are calculated on the basis of the tour price for other Travellers paying the full amount.

3. Deposit, payment of the balance

3.1 Upon the conclusion of the contract and following the issue of a trust letter pursuant to Section 651k, para. 3 of the BGB, a deposit is to be paid, which shall be offset against the tour price. Unless otherwise individually agreed, the deposit shall amount to 10% of the tour price per person, but no less than EUR 25. The confirmation of booking may specify a higher deposit, especially for tour programmes including entrance tickets.

3.2 As long as the trust letter has been issued and unless otherwise agreed in individual cases, the balance outstanding is to be paid 4 weeks before the start of the tour, assuming it is certain that the tour will not be cancelled for the reasons stated below in Section 5.

3.4 Payments may only be made in cash or by bank transfer. All payments are to be made in full and free of deductions.

3.5 In the case of bookings made less than two weeks before the start of the tour, the full price is to be paid immediately following the issue of the trust letter.

3.6 Failure to pay the deposit or the outstanding balance shall have no effect on the validity of the contract. Assuming LTM is willing and able to perform the agreed services, Travellers shall have no right to claim the tour services unless payment has been made in full.

3.7 Should the tour price fail to be paid by the deadline stated despite the issue of a reminder by LTM, LTM shall have the right to refuse to fulfil the contract and to charge the Traveller withdrawal costs pursuant to 4.2.

4. Withdrawal by the Traveller, change of booking, alternative participants


4.1 The Traveller may withdraw from the travel contract at any time before the tour starts by submitting written notice to LTM. The cancellation fee shall be decided depending on when the notice of cancellation is received by LTM.

4.2 In every case of cancellation by the Traveller, LTM shall be entitled to the following levels of compensation, which take into account the expenditure customarily saved and the customarily possible alternative disposal of the travel services:

from confirmation of booking until 30 days before the start of the tour: 15% of the tour price, but no less than EUR 25 per person

29-22 days before the start of the tour: 30% of the tour price
21-15 days before the start of the tour: 50% of the tour price
14-8 days before the start of the tour: 60% of the tour price
7 or fewer days before the start of the tour: 80% of the tour price

4.3 The Traveller shall be permitted to prove to LTM that LTM actually incurred no costs or lower costs than the levels of compensation charged. In such cases, the Traveller shall only be obliged to pay the costs actually incurred by LTM.

4.4 LTM reserves the right in individual cases to charge higher compensation if higher costs are incurred, as long as they are itemised and substantiated to the Traveller.

4.5 Please note that not joining the tour without submitting express notice of withdrawal therefrom shall not constitute withdrawal from the travel contract, and that in this case the Traveller shall remain obliged to pay the full price.

4.6LTM urgently recommends that Travellers take out cancellation insurance.

4.7 If after booking a tour the Traveller wishes to change the travel date, the destination, the accommodation or the type of catering (change of booking), LTM shall charge a fee of EUR 15 per change procedure up to 30 days before the start of the tour. Changes to the arrangements requested after this period can - assuming they are at all possible - only be made by withdrawing from the travel contract at the aforementioned conditions and simultaneously rebooking. However, this shall not apply to booking changes which only cause minor costs.

4.8 Travellers may nominate alternative participants at any time. LTM shall charge a fee of EUR 15 to cover the costs hereby incurred.

5. Withdrawal by LTM

5.1 Should the minimum number of participants specified in the relevant tour advertisement not be reached, LTM shall be entitled to withdraw from the travel contract in accordance with the following conditions:

a) LTM must immediately inform Travellers about the cancellation of the tour once it is certain that the tour cannot take place because the minimum number of participants has not been reached;

b) LTM shall be permitted to withdraw no later than two weeks before the start of the tour;

c) Upon cancellation, the Traveller shall have the right to demand participation in another tour of at least equal value if LTM is able to offer such a tour to the Traveller from its travel programme without a surcharge. The Traveller must assert this claim vis-à-vis LTM immediately upon being informed of the cancellation of the tour.

5.2 LTM may cancel the contract after the tour has started if the Traveller repeatedly disrupts the execution of the contract despite having received a warning, or if the he/she behaves in a manner contrary to the contract such that the immediate cancellation of the contract is justified. Should the contract be terminated by LTM, LTM shall still reserve the right to claim the full price; however, LTM must offset the expenditure saved and all benefits gained from the alternative disposal of the travel services against this price, including any amounts credited to LTM by service providers. In such cases, LTM's local authorised representatives shall be empowered to defend the rights and interests of LTM.

6. Duties of and termination by the Traveller


6.1 The Traveller must report any shortcomings to LTM or its representatives specified in the travel documents and request remedy immediately such shortcomings occur. Claims on the part of the Traveller shall lapse if not reported unless the Traveller failed to report the shortcoming for reasons for which the Traveller was not responsible.

6.2 If the tour is considerably impaired as a result of a shortcoming in the tour, the Traveller may terminate the contract in compliance with the statutory regulations (Section 651e BGB). This termination shall only be admissible once a deadline set by the Traveller for the situation to be remedied has not been met by LTM or its representatives. A deadline need not be set if remedy is impossible or is refused by LTM or its representatives, or if the immediate termination of the contract is justified by a special interest on the part of the Traveller.

6.3 The statutory duty of the Traveller under travel contract law pursuant to Section 651g, para. 1 of the BGB to assert guarantee claims vis-à-vis the tour operator within one month following the contractually scheduled cessation of the tour is specifically defined as follows with respect to the travel contract concluded with LTM:

a) All claims in connection with the travel contract or the services performed by LTM, irrespective of the cause in law, must be asserted vis-à-vis LTM exclusively after the end of the tour and within one month following the contractually scheduled date of the return journey.

b) Claims may only be asserted vis-à-vis LTM within the specified deadline at the address below. It is urgently recommended that claims be submitted in writing.

c) The above provisions shall have no effect on the statutory regulations regarding non-culpable default on the part of the Traveller or the regulations governing the suspension of the statute of limitations.

7. Liability

7.1 LTM's contractual liability for damage excluding bodily injury (including for liability for the violation of accessory, pre- and post-contractual obligations) shall be limited to triple the tour price, assuming:

a) The damage incurred by the Traveller was caused neither deliberately nor by gross negligence; or

b) LTM is merely responsible for damage incurred by the Traveller owing to the fault of a service provider.

7.2 LTM shall not be liable for disruptions in performance in connection with external services merely brokered by LTM (e.g. sports events, theatre visits, exhibition, excursions etc.) and which are expressly denoted as external services in the description of performance.

7.3 If as part of a tour or in addition thereto transport is to take place on a scheduled service and a corresponding ticket is issued to the Traveller, LTM shall merely be brokering an external service, as long as LTM specifically draws attention to this in the tour description and the travel tour confirmation. LTM shall therefore not be liable for performing the transportation service itself.

8. Limitation, prohibition of assignment

8.1 Claims on the part of the Traveller vis-à-vis LTM, irrespective of the cause in law - albeit with the exception of claims by the Traveller stemming from an unlawful act - shall lapse six months after the contractually scheduled return journey. This shall in particular apply to claims stemming from the violation of pre- and post-contractual obligations and the accessory obligations from the travel contract. The statutory regulation in Section 651g, para. 2 of the BGB concerning the suspension of the statute of limitations shall remain unaffected by the above provisions.

8.2 Claims by the Traveller stemming from the tour, irrespective of the cause in law, may not be assigned to third parties, including to spouses; nor may they legally assert such claims on their own behalf.

9. Venue, miscellaneous

9.1 Should any of the above provisions be or become ineffective, the other conditions shall remain valid and the validity of the travel contract as a whole shall remain unaffected.

9.2 The Traveller may only take proceedings against LTM at its corporate seat.

9.3 The entire legal and contractual relationship between LTM and Travellers with no general place of residence or seat of business in Germany shall exclusively be governed by German Law.

9.4 The venue for any legal action by LTM against the Traveller shall be the Traveller's place of residence - unless the action is taken against full merchants, legal persons under public or private law, or persons whose regular place of residence is abroad, or whose place of residence is unknown at the time legal proceedings are instituted, in which case the venue shall be the corporate seat of LTM.
 
 
 
 
 

General terms and conditions governing

1. Purpose of the contract, position of the parties to the contract

1.1 The Client intends to organise a package tour or in some other way perform tourist services for ultimate consumers as a package tour operator in accordance with Section 651a ff. of the BGB (German Civil Code). For this purpose the Client appoints Leipzig Tourismus und Marketing GmbH (hereafter referred to as “LTM” for short) in accordance with the provisions of this contract to provide tourist services required for this purpose.

1.2 LTM is not the tour operator or coorganiser of the tour planned by the Client. The sole tour operator as defined by Section 651a ff. of the BGB vis-à-vis the participants is the Client.

2. Conclusion and basis of the contract

2.1 The contract shall exclusively come into effect upon written confirmation by LTM to the Client.

2.2 Supplementary agreements or amendments shall only be valid if agreed in writing, which may be provided by LTM in the form of unilateral modifying or supplementary confirmation of booking.

2.3 The contractual relationships shall primarily be determined depending on the specific agreements made and their booking conditions. By way of precaution, the legal regulations surrounding the service contract shall apply.

3. Services

3.1 The services to be performed by LTM comprise the provision of tourist services which are to be used by the Client as part of a package tour the Client has planned or for other purposes.

3.2 The services to be performed by LTM shall arise exclusively from the confirmation of booking and the documents referred to therein.

3.3 Third-party brochures, information and assurances by third-parties, especially service providers, shall only become binding for LTM if expressly confirmed by LTM in writing.

3.4 Unless otherwise expressly agreed, the services of LTM do not include legal advice for the Client regarding the organisation of his/her tour activities, booking procedures, the design of his/her tour advertisements or any other aspects.

4. Deposit, payment of the balance, price increases

4.1 Upon the conclusion of the contract, the deposit specified in the confirmation of booking shall be payable; a demand for payment is not required.

4.2 As stated in the confirmation of booking (unless otherwise specifically agreed therein) the balance outstanding shall be payable at the latest upon the receipt of invoice 28 days before the start of the performance of the services.

5. Unclaimed services

5.1 Should the Client not use the services in whole or in part, the Client shall remain legally obliged to pay the agreed full price, irrespective of the reason for doing so, unless this nonusage is due to shortcomings for which LTM is responsible, or the services cannot be performed for reasons for which LTM is responsible.

5.2 The full remuneration due to LTM in this case will be reduced by any expenditures saved, as soon as and as long as they have been returned to LTM by its contractual partners.

5.3 If LTM can alternatively utilise unclaimed services, the obligation to pay for unused services shall not apply.

5.4 The above provisions shall have no effect on other cancellation regulations agreed in writing.

6. Termination of or withdrawal from the contract

6.1 Withdrawal from the contract con-cluded is not possible unless otherwise agreed in writing. In particular, unless otherwise expressly agreed, partial withdrawal from or partial cancellation of individual services is not possible.

6.2 Following the start of performance, termination by the Client is only possible if considerable shortcomings to the service or other disruptions for which LTM is responsible have occurred. In such cases, termination shall only be permissible after a reasonable period of time has been set for the remedy of the shortcoming or disruption, unless a special interest on the part of the Client justifies immediate termination.

6.3 In every case of cancellation by the Client, LTM shall be entitled to the following levels of compensation, which take into account the expenditure customarily saved and the customarily possible alternative disposal of the travel services: from confirmation of booking until 30 days before the start of the tour: 15% of the tour price, but no less EUR 25 per person

29–22 days before the start of the tour: 30% of the tour price
21–15 days before the start of the tour: 50% of the tour price
14–8 days before the start of the tour: 80% of the tour price
7 or fewer days before the start of the tour: 90% of the tour price

6.4 The Client shall be permitted to prove to LTM that LTM actually incurred no costs or lower costs than the levels of compensation charged. In such cases, the Client shall only be obliged to pay the costs actually incurred by LTM.

6.5 LTM reserves the right in individual cases to charge higher compensation if higher costs are incurred, as long as they are itemised and substantiated to the Client.

6.6 Please note that not joining the tour without submitting express notice of withdrawal therefrom shall not constitute withdrawal from the travel contract, and that in this case the Client shall remain obliged to pay the full price.

6.7 If after booking a tour the Client wishes to change the travel date, the destination, the accommodation or the type of catering (change of booking), LTM shall charge a fee of EUR 15 per change procedure up to 30 days before the start of the tour. Changes to the arrangements requested after this period can – assuming they are at all possible – only be made by withdrawing from the travel contract at the aforementioned conditions and simultaneously rebooking. However, this shall not apply to booking changes which only cause minor costs.

6.8 LTM shall be justified in withdrawing from or terminating the contract in the following cases: a) If performing the service becomes impossible for reasons for which LTM is not responsible; b) In the event of considerable violations by the Client or his/her participants of the obligations stemming from this con-tract or the interests of LTM; c) If the deposit or the outstanding bal-ance is not duly received by LTM in time following a reminder and the imposition of a deadline for payment.

7. Client’s obligations

7.1 In the event of shortcomings or disruptions to the performance of LTM’s services, the Client shall be obliged to immediately report them to LTM or its representatives or service providers, and to demand remedy within a suitable period of time.

7.2 The Client shall only enjoy guarantee rights if the shortcoming or disruption is not remedied within a reasonable period of time.

7.3 The Client is expressly forbidden to make statements by way of legal transactions in the name of LTM to his/her participants, and in particular to describe LTM as a contractual partner and/or tour operator of the participants. Each mention of LTM in the tour advertisement or other documents issued to participants shall require LTM’s prior written consent, and sample documents are to be submitted to LTM.

7.4 The Client is aware that the combination of the service to be performed by LTM for the Client with other tourist services generally results in the Client becoming a tour operator vis-à-vis the participants as defined in Section 651a–l of the BGB and that in accordance with these regulations the Client shall be answerable to the participants.

7.5 The Client’s attention is drawn in this case to the necessity of taking out personal injury and property damage liability insurance for tour operators, as well as the imperative statutory regulations concerning the protection of customers’ money pursuant to Section 651k BGB, Section 147b Gewerbeordnung (Trade Law) and the Informationsverordnung für Reiseveranstalter (Information Direc-tive for Tour Operators). The Client undertakes to independently find out about these regulations and, whenever relevant, to observe them.

7.6 The Client shall indemnify LTM from all disadvantages it could incur stemming from the nonobservance of these regulations.

8. Assertion of claims, statute of limita-tions, liability

8.1 All claims in connection with the performance of services by LTM, irre-spective of the cause in law, must be asserted vis-à-vis LTM within two months following the contractually agreed end of the services.

8.2 Claims on the part of the Client vis-à-vis LTM, irrespective of the cause in law – albeit with the exception of claims stemming from an unlawful act by LTM – shall lapse six months after the end of the contractually agreed end of the services. This shall in particular apply to claims stemming from the violation of pre-contractual obligations and accessory obligations from the contract.

8.3 LTM’s contractual liability for damage excluding bodily injury (including for liability for the violation of accessory, pre- and postcontractual obligations) shall – notwithstanding statutorily im-perative liability regulations – be limited to triple the price for the service to be performed by LTM, assuming:

a) The damage incurred by the Client or one of his/her participants was caused neither deliberately or due to gross negligence;

b) LTM is merely responsible for damage incurred by the traveller owing to the fault of a service provider.

9. Venue, miscellaneous

9.1 Should one of the above provisions be or become ineffective, the other conditions shall remain valid and the validity of the contract as a whole shall remain unaffected.

9.2 The exclusive venue for legal action by LTM against the Client shall be Leipzig for full merchants, natural or legal persons with no place of residence or corporate seat in Germany, as well as for corporations under public law and public authorities.
 
 
 
 
 

General terms and conditions for accommodation booking services

Leipzig Tourismus und Marketing GmbH is the booking agency organising hotel rooms and private accommodation as advertised at ltm-leipzig.de. However, the Traveller enters into a direct contractual relationship with the hotel or private accommodation (hereafter referred to as the “Accommodation Provider”). The following conditions, to the extent that they are effectively included, shall become part of the contract between the Accommodation Provider and the Traveller, and also regulate the brokerage activities of LTM. You are therefore asked to study these travel conditions carefully.

1. Conclusion of the accommodation contract; position of LTM

1.1 By booking accommodation – be it in writing, orally, by telephone or by fax – Travellers make a binding proposal to the Accommodation Provider represented by LTM to conclude an accommodation contract.

1.2 The accommodation contract comes into being upon the Traveller’s booking being confirmed by LTM as the representative of the Accommodation Provider.

1.3 The person making the booking shall be liable for all obligations stemming from the accommodation contract including for the other persons in whose name the booking was made, provided that this person has assumed this obligation by means of an express, separate declaration.

1.4 LTM’s sole position is that of the agent organising the booked accom-modation.

2. Booking

2.1 Bookings without obligation which entitle the Traveller to withdraw at no charge are only possible if expressly agreed with LTM as the representative of the Accommodation Provider. In the absence of any such agreement, the booking pursuant to 1.1 and 1.2 shall always result in a contract which is legally binding on both the Accommodation Provider and the Traveller.

2.2 If a reservation without obligation has been agreed, the Traveller shall notify LTM by the agreed date if he wishes to make a binding reservation; otherwise the booking shall be cancelled without LTM being obliged to notify the Traveller thereof. If the booking is confirmed, 1.2 shall apply.

3. Withdrawal

3.1 Bookings by travel agencies and final customers are binding. If you withdraw from the binding reservation or do not take up booked services, the Accommodation Provider shall have a legal right to full remuneration reduced by any expenditure saved as a result of unclaimed services. LTM must be notified in writing of withdrawal from the contract. The following fees shall apply in the case of cancellation of a binding booking:

3.2 Cancellation of accommodation by the Traveller: For accommodation bookings made not via travel agencies but via the booking offices, the Traveller shall pay the following cancellation fees pursuant to no. 4 of the DEHOGA recommendations covering the cancellation of accommodation services: - 90% of the accommodation price in the case of booked overnight stay or overnight stay plus breakfast - 60% of the accommodation price in the case of booked half board or full board The Traveller shall be obliged to pay the cancellation fee unless this would conflict with the valid jurisdiction in particular cases, i.e. if the Accommodation Provider is able to rent the respective accommodation to somebody else without any additional or special costs and/or personnel expenditure. The Guest/Traveller is expressly granted the option to furnish proof that the loss suffered by the Accommodation Provider is nonexistent or less than the cancellation fee.

3.3 Cancellations of accommodation bookings by the Traveller vis-à-vis the travel agency are governed by the con-tract between travel agency and Traveller.

3.4 Cancellations of accommodation/hotel bookings by travel agencies: Cancellation dates and fees applying to the cancella-tion of hotel reservations (accommodation services) by travel agencies vis-à-vis the Accommodation Provider are subject to the express individual agreements made (right to withdraw or reservation of the right to withdraw from the contract). In the absence of any such agreement, the term during which reservation contracts may be cancelled at no cost by the travel agency shall be three weeks for hotel reservation contracts (accommodation services) and four weeks for special events (accommodation services and other services not included in the standard range services offered by the Accommodation Provider). Cancellations after the expiry of the periods mentioned in sentence 2 shall be liable to the cancellation fees listed in 3.2 for travel agencies unless other cancella-tion fees have been expressly agreed between the contract partners. The decisive date shall be the date of receipt of the travel agency’s letter of cancellation by the Accommodation Provider

3.5 LTM urgently recommends that Travellers take out cancellation insurance.

4. Prices/services

4.1 The prices stated in the brochure are final prices.

4.2 The services to be provided by the Accommodation Provider stem exclusively from the content of the booking confirmation in connection with the brochure valid.

5. Payment

5.1 Once booking has been confirmed, LTM as the authorised collection representative of the Accommodation Provider may demand a deposit of 10% of the total price per person.

5.2 The total price for the accommodation including all additional costs shall be payable on the day of departure at the latest unless otherwise agreed.

5.3 Should the Traveller stay longer than a week, the Accommodation Provider shall be entitled to prepare an interim invoice, which shall be immediately payable.

6.Liability of the Accommodation Provider and LTM

6.1 The Accommodation Provider’s contractual liability for damage excluding bodily injury (including for liability for the violation of accessory, pre- and postcontractual obligations) shall be limited to triple the accommodation price, assuming: a) The damage to the Traveller was caused by the Accommodation Provider neither deliberately nor by gross negligence; or b) the Accommodation Provider is merely responsible for damage incurred by the Traveller owing to the fault of an agent of vicarious liability.

6.2 The Accommodation Provider shall not be liable for disruptions in performance in connection with external services merely brokered (e.g. sports events, theatre visits, exhibition etc.) and which are expressly denoted as external services.

6.3 LTM shall only be liable for faults caused by LTM itself or its agents of vicarious liability in the brokering process. The Accommodation Provider assumes full liability for performance of the booked service and any failures of performance.

7. Complaints

The Traveller should first address any complaints to the Accommodation Provider. If the complaint is not satisfactorily dealt with, the Traveller should notify LTM, which will endeavour to find a remedy.

8. Venue; miscellaneous

8.1 Should any of the above provisions be or become ineffective, the other conditions shall remain valid and the validity of the accommodation contract as a whole shall remain unaffected.

8.2 The Traveller may only take proceedings against the Accommodation Provider at its corporate seat

8.3 The entire legal and contractual relationship between LTM and the Accommodation Provider and Travellers with no general place of residence or seat of business in Germany shall exclusively be governed by German Law.

8.4 The venue for any legal action by the Accommodation Provider against the Traveller shall be the Traveller’s place of residence, unless it has been agreed that the price for the booked service has to be paid at the corporate seat of the Accom-modation Provider, or the action is taken against full merchants, legal persons under public or private law, or persons whose regular place of residence is abroad, or whose place of residence is unknown at the time legal proceedings are instituted, in which case the venue shall be the corporate seat of LTM.