Dear guest,
we ask you to careful reading the following travel conditions. These travel conditions will, if effectively agreed, form part of the contract between the customer or traveler - hereinafter referred to as "traveler" - and Leipzig Tourismus und Marketing GmbH, hereinafter referred to as "LTMThey supplement the legal provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the German Civil Code) and complete them. These travel conditions apply exclusively to LTM package tours. They do not apply to the brokerage of third-party services (such as guided tours and admission tickets) and not to contracts for accommodation services or their brokerage.
1. Conclusion of the travel contract, obligations of the traveler
1.1. For all booking routes applies:
a) The basis of LTM’s offer and the traveller’s booking are the travel description and the additional information provided by LTM for the respective trip, insofar as these are available to the traveller at the time of booking.
b) Travel agents and booking offices are not authorized by LTM to enter into agreements, provide information or make assurances that change the agreed content of the travel contract, go beyond the travel description or the contractually promised services of LTM or contradict them.
c) Information in hotel guides and similar directories not published by LTM are not binding for LTM and its obligation to provide services, unless they have been made part of LTM's obligation to provide services by express agreement with the traveller.
d) If the content of the travel confirmation from LTM differs from the content of the booking, this constitutes a new offer from LTM. The contract is concluded on the basis of this new offer, provided that LTM has informed the traveler of the change in the new offer and has fulfilled its pre-contractual information obligations and the traveler has declared acceptance to the tour operator by means of an express declaration.
e) The pre-contractual information provided by the organizer about essential characteristics of the travel services, the travel price and all additional costs, the payment terms, the minimum number of participants and the cancellation fees (according to Article 250 § 3 numbers 1, 3 to 5 and 7 EGBGB) will only not be part of the package travel contract if this is expressly agreed between the parties.
f) The traveller is liable for all contractual obligations of fellow travellers for whom he makes the booking, as well as for his own, provided that he has assumed a corresponding obligation by express and separate declaration.
1.2. The following applies to bookings made verbally, by telephone, in writing, by email or fax:
a) By booking, the traveller makes a binding offer to LTM to conclude the package travel contract.
b) The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) by LTM. At or immediately after conclusion of the contract, LTM will send the traveler a travel confirmation that complies with the statutory requirements on a permanent data medium (which enables the traveler to keep or save the declaration unchanged so that it is accessible to him within a reasonable period of time, e.g. on paper or by email), unless the traveler is entitled to a travel confirmation in paper form according to Art. 250 § 6 Para. (1) Sentence 2 EGBGB because the contract was concluded in the simultaneous physical presence of both parties or outside of business premises.
c) If LTM makes a special offer at the request of the traveler, this constitutes, in deviation from the above provisions, a binding contractual offer from LTM to the traveler. In this case, the contract is concluded without the need for a corresponding confirmation from LTM (which usually occurs, however), if the customer accepts this offer within a period specified in the offer without restrictions, changes or extensions by means of an express declaration, down payment, final payment and use of the travel services.
1.3. For bookings made via electronic commerce (e.g. internet, app, telemedia), the following applies to the conclusion of the contract:
a) The traveller will be informed of the electronic booking process in the relevant LTM application.
b) The traveller has the option to correct his entries, delete or reset the entire booking form. The use of this option is explained.
c) The contract languages offered for the online booking are specified. The German language is the only legally binding language.
d) If the contract text is stored by LTM in the online booking system, the traveller will be informed of this and of the possibility of retrieving the contract text at a later date.
e) By clicking on the button "Book with payment", the traveller makes a binding offer to LTM to conclude the package travel contract.
f) The traveller will receive immediate electronic confirmation of receipt of his booking.
g) The transmission of the booking by clicking on the "book with payment" button does not give the traveler any right to the conclusion of a package travel contract in accordance with his booking details. Rather, LTM is free to decide whether or not to accept the traveler's contract offer.
h) The contract is concluded when the traveler receives the travel confirmation from LTM.
i) If the travel confirmation is made immediately after the traveler has made the booking by pressing the "book with payment" button and the travel confirmation is immediately displayed on the screen (booking in real time), the package travel contract is concluded when the traveler receives and displays this travel confirmation on the screen, without the need for an interim notification of receipt of the booking in accordance with f); provided that the traveler is offered the option of saving the travel confirmation on a permanent data carrier and printing it out. However, the binding nature of the package travel contract does not depend on the traveler actually using these options for saving or printing. LTM will also send the traveler a copy of the travel confirmation in text form.
1.4. LTM points out that according to the statutory provisions (§§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB) there is no right of cancellation for package travel contracts according to § 651a and § 651c BGB that were concluded via distance selling (letters, catalogues, telephone calls, telecopies, emails, messages sent via mobile phone service (SMS) as well as radio, telemedia and online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal according to § 651h BGB (see also point 5). However, a right of cancellation does exist if the contract for travel services according to § 651a BGB was concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted on the consumer's prior order; in the latter case, there is also no right of cancellation.
2. pay
2.1. LTM and travel agents may only request or accept payments on the travel price before the end of the package tour if an effective traveler's money protection contract exists and the traveler has been given the security certificate with the name and contact details of the traveler's money insurer in a clear, understandable and highlighted manner. After the contract has been concluded, a deposit of 20% of the travel price (plus the price of booked tickets) is due upon delivery of the security certificate. The remaining payment is due 30 days before the start of the trip, provided the security certificate has been handed over and the trip can no longer be cancelled for the reason stated in section 8. For bookings made less than 30 days before the start of the trip, the entire travel price is due immediately.
2.2. Deviating from the provisions in section 2.1, the handing over of a security certificate as a prerequisite for the due date of payment is not required if the package offer does not include transport to the place where the package/travel services are provided and/or back and, deviating from section 2.1, it is agreed and noted in the travel confirmation that the entire travel price is due for payment without prior down payment after the package tour has ended at the end of the stay.
2.3. If the traveler does not make the deposit and/or the remaining payment in accordance with the agreed payment deadlines, although LTM is ready and able to properly provide the contractual services, has fulfilled its legal information obligations and the traveler has no legal or contractual right of retention, LTM is entitled to withdraw from the package travel contract after issuing a reminder with a deadline and to charge the traveler with cancellation costs in accordance with Section 5.
3. Changes to the contract contents before the start of the trip that do not affect the travel price
3.1. Deviations in essential characteristics of travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and were not brought about by LTM in bad faith, are permitted by LTM before the start of the trip, provided that the deviations are insignificant and do not affect the overall structure of the trip.
3.2. LTM is obliged to inform the traveller about changes to services immediately after becoming aware of the reason for the change on a permanent data medium (e.g. by email, SMS or voice message) in a clear, understandable and prominent manner.
3.3. In the event of a significant change to an essential feature of a travel service or a deviation from special requirements of the traveler that have become part of the package travel contract, the traveler is entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period set by LTM at the same time as notification of the change. If the traveler does not expressly declare to LTM within the period set by LTM that they are withdrawing from the package travel contract, the change is deemed to have been accepted.
3.4. Any warranty claims remain unaffected if the modified services are defective. If LTM had lower costs for carrying out the modified trip or a possible replacement trip of equivalent quality at the same price, the customer must be reimbursed the difference in accordance with Section 651m Paragraph 2 of the German Civil Code (BGB).
4. Price increase; price reduction
4.1. LTM reserves the right, in accordance with § 651f, 651g BGB and the following regulations, to increase the travel price agreed in the package travel contract, insofar as
(a) an increase in the price of passenger transport due to higher costs for fuel or other energy sources,
b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport fees, or
(c) a change in the exchange rates applicable to the package in question has a direct impact on the price of the package.
4.2. An increase in the travel price is only permissible if LTM informs the traveller in writing in a clear and understandable manner about the price increase and its reasons and provides information about how the price increase was calculated.
4.3. The price increase is calculated as follows:
a) If the price for the transport of persons increases according to clause 4.1.a), LTM may increase the travel price in accordance with the following calculation:
In the case of an increase related to the seat, LTM may charge the customer the increased amount.
Otherwise, the additional transport costs charged by the transport company per means of transport will be divided by the number of seats in the agreed means of transport. LTM can charge the customer the resulting increase for the individual seat.
b) If taxes and other charges increase in accordance with 4.1.b), the travel price can be increased by the corresponding, pro rata amount.
c) If the exchange rates increase in accordance with section 4.1.c), the travel price can be increased to the extent that the trip has become more expensive for LTM.
4.4. LTM is obliged to grant the customer/traveller a reduction in the travel price at their request if and to the extent that the prices, taxes or exchange rates specified in section 4.1 have changed after the contract has been concluded and before the start of the trip and this leads to lower costs for LTM. If the customer/traveller has paid more than the amount owed hereunder, the excess amount must be reimbursed by LTM. However, LTM may deduct the administrative expenses actually incurred by LTM from the excess amount to be reimbursed. LTM must provide the customer/traveller with evidence of the amount of administrative expenses incurred at their request.
4.5. Price increases are only permitted up to 20 days before the start of the trip and must be communicated to the traveller.
4.6. In the event of price increases of more than 8%, the traveller is entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period set by LTM at the same time as the price increase is notified. If the customer does not expressly declare to LTM that he or she is withdrawing from the package travel contract within the period set by LTM, the change is deemed to have been accepted.
5. Cancellation by the traveler, rebooking
5.1. The traveler can withdraw from the package travel contract at any time before the start of the trip. The withdrawal must be declared to LTM at the address given above/below. If the trip was booked through a travel agent, the withdrawal can also be declared to this agent. The customer is recommended to declare the withdrawal in writing.
5.2. If the customer withdraws before the start of the trip or does not start the trip, the tour operator loses the right to the travel price. Instead, the tour operator can demand appropriate compensation if the customer is not responsible for the withdrawal or if extraordinary circumstances occur at the destination or in its immediate vicinity that significantly affect the implementation of the package tour or the transport of people to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the tour operator and their consequences could not have been avoided even if all reasonable precautions had been taken.
5.3. LTM has determined the following compensation lump sums taking into account the period between the cancellation notice and the start of the trip, as well as the expected savings in expenses and the expected income from other uses of the travel services. The compensation is calculated according to the time of receipt of the cancellation notice using the respective cancellation scale as follows:
a) up to 31 days before departure *20% of the travel price
b) from 30 to 21 days before departure *30% of the travel price
c) from 20 to 12 days before departure *40% of the travel price
d) from 11 to 04 days before departure *60% of the travel price
e) from the 3rd day before the start of the trip and in case of no-show *90% of the travel price
*Tickets and third-party services included in the package price will be charged at 100% and cannot be returned.
5.4 It is strongly recommended that you take out travel cancellation insurance and insurance to cover the costs of repatriation in the event of accident or illness.
5.5. In any case, the traveller remains free to prove to LTM that LTM has suffered no damage at all or that the damage is significantly less than the flat-rate compensation claimed by the traveller.
5.6. LTM reserves the right to demand a higher, specific compensation instead of the above-mentioned flat rates if LTM can prove that LTM has incurred significantly higher expenses than the applicable flat rate. In this case, LTM is obliged to specify and provide evidence of the compensation demanded, taking into account the expenses saved and any other use of the travel services.
5.7. If the tour operator is obliged to refund the travel price as a result of a cancellation, he must do so immediately, but in any event within 14 days of receipt of the cancellation notice.
5.8. The customer's legal right, in accordance with Section 651 e of the German Civil Code (BGB), to request from the tour operator, by means of a notification on a permanent data medium, that a third party assume the rights and obligations arising from the package travel contract in his place, remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by the tour operator 7 days before the start of the trip.
5.9. If changes are made to the travel date, accommodation, type of catering or other services (rebookings) at the traveler's request after the contract has been concluded, LTM can charge a rebooking fee of €31 per person up to 25 days before the start of the trip, without the traveler having a legal right to the rebooking and only if this is possible at all. Later rebookings are only possible with withdrawal from the travel contract and a new booking in accordance with the above cancellation conditions. This does not apply to rebooking requests that only incur minor costs or if the rebooking is necessary because LTM has not provided the traveler with any, insufficient or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB.
6. Responsibilities of the traveler
6.1. Travel documents: The customer must inform LTM or the travel agent through whom he booked the package tour if he does not receive the necessary travel documents (e.g. hotel voucher, voucher) within the deadline communicated by LTM.
6.2. Notification of defects/remedial action:
a) If the trip is not free of travel defects, the traveler can request remedial action.
b) If LTM was unable to remedy the situation due to a negligent failure to report the defect, the traveler cannot assert claims for a reduction in accordance with Section 651m of the German Civil Code (BGB) or claims for damages in accordance with Section 651n of the German Civil Code (BGB). The traveler is obliged to immediately inform the LTM representative on site of his report of the defect. If there is no LTM representative on site and one is not contractually owed, any travel defects must be reported to LTM at the contact point provided by LTM; the traveler will be informed of how to reach the LTM representative or his contact point on site in the travel confirmation. However, the traveler can also inform the travel agent through whom he booked the package tour of the report of the defect.
c) The LTM representative is instructed to provide redress where possible, but is not authorized to accept any claims.
6.3. Setting a deadline before termination: If the traveler wishes to terminate the package travel contract due to a travel defect of the type described in Section 651i Paragraph (2) of the German Civil Code (BGB), provided that it is significant, in accordance with Section 651l of the German Civil Code (BGB), he must first set LTM a reasonable deadline to remedy the defect. This only does not apply if LTM refuses to remedy the defect or if immediate remedy is necessary.
7. Limitation of liability
7.1 LTM's contractual liability for damages that do not result from injury to life, body or health and were not caused negligently is limited to three times the travel price.
7.2. LTM is not liable for service disruptions, personal injuries and property damage in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions) if these services are expressly identified as third-party services in the travel advertisement and the travel confirmation, stating the identity and address of the arranged contractual partner, in such a way that it is clear to the traveler that they are not part of the LTM package tour and were selected separately. Sections 651b, 651c, 651w and 651y of the German Civil Code remain unaffected by this.
7.3. However, LTM shall be liable if and to the extent that the damage suffered by the traveller was caused by LTM’s breach of its duty to inform, explain or organise.
8. Resignation of the LTM
8.1. LTM may withdraw if the minimum number of participants is not reached in accordance with the following provisions:
The minimum number of participants and the latest time at which the customer must receive LTM’s declaration of withdrawal must be stated in the respective pre-contractual information.
LTM must indicate the minimum number of participants and the latest cancellation period in the travel confirmation.
LTM is obliged to inform the customer immediately of the cancellation of the trip if it is clear that the trip will not take place because the minimum number of participants has not been reached.
Cancellation by LTM later than 30 days before the start of the trip is not permitted.
If the trip is not carried out for this reason, the customer will receive a prompt refund of any payments made towards the trip price; clause 5.7 applies accordingly.
8.2. LTM may withdraw from the contract before the start of the trip if LTM is prevented from fulfilling the contract due to unavoidable, exceptional circumstances. In this case, LTM must declare the withdrawal immediately after becoming aware of the reason for withdrawal. If LTM withdraws from the contract, LTM loses the right to the agreed travel price. Please note the travel advice of the Federal Foreign Office. These can be obtained by calling (+49)30 - 50002000 or on the Internet at In www.auswaertiges-amt. accessible.
9. Unused services
If the traveler does not use individual travel services due to an early return, illness or other reasons for which LTM is not responsible, the traveler is not entitled to a pro rata refund. However, unless the amounts are very minor, LTM will endeavour to obtain a refund from the service provider and will repay the corresponding amounts to the traveler as soon as and to the extent that they have actually been refunded to LTM by the individual service providers.
10. Choice of law and place of jurisdiction; Information about consumer dispute resolution
10.1. For travelers who are not nationals of a member state of the European Union or Swiss citizens, the entire legal and contractual relationship between the traveler and LTM is subject exclusively to German law. Such travelers can only sue LTM at its registered office.
10.2. For legal actions brought by LTM against travellers or contracting parties to the travel contract who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad or whose place of residence or habitual abode is not known at the time the action is brought, the place of jurisdiction shall be the registered office of LTM.
10.3. With regard to the law on consumer dispute resolution, LTM points out that LTM does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for LTM after these travel conditions have been printed, LTM will inform consumers of this in an appropriate form. For all travel contracts concluded in electronic legal transactions, LTM refers to the European online dispute resolution platform ec.europa.eu/consumers/odr/ out.
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Tour operator is:
Leipzig Tourism and Marketing GmbH
Augustusplatz 9
04109 Leipzig
Managing Director: Volker Bremer
Leipzig District Court HRB 12348
Phone + 49 (0) 341 7104-275
Fax +49 (0)341 7104-251
incoming@ltm-leipzig.de