Dear travel guest,
we ask you to read carefully the following travel conditions. These travel conditions, insofar as they have been effectively agreed, shall form part of the package travel contract concluded between the customer or traveller – hereinafter referred to as the “Traveller” - and Leipzig Tourismus und Marketing GmbH, hereinafter abbreviated as “LTM”. They supplement and elaborate on the statutory provisions of Sections 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the German Civil Code). These travel conditions apply exclusively to LTM package tours. They do not apply to the arrangement of third-party services (such as guided tours and admission tickets) or to contracts for accommodation services or their arrangement.
1. Conclusion of the travel contract, obligations of the Traveller
1.1. The following applies to all booking channels:
a) The basis of LTM’s offer and the Traveller’s booking is the travel description and the supplementary 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 authorised by LTM to make agreements, provide information or give assurances that alter 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 that are not published by LTM is not binding on LTM or on its obligation to perform, unless it has been made part of LTM’s obligation to perform by express agreement with the Traveller.
d) If the content of LTM’s travel confirmation differs from the content of the booking, this constitutes a new offer by LTM. The contract is concluded on the basis of this new offer, provided that LTM has pointed out the change with regard to the new offer and fulfilled its pre-contractual information obligations, and the Traveller declares acceptance to the tour operator by express declaration.
e) The pre-contractual information provided by the organiser regarding essential characteristics of the travel services, the travel price and all additional costs, payment arrangements, the minimum number of participants and flat-rate cancellation fees (pursuant to Article 250 Section 3 Nos. 1, 3 to 5 and 7 EGBGB) shall only not become part of the package travel contract if this has been expressly agreed between the parties.
f) The Traveller is liable for all contractual obligations of fellow travellers for whom he or she makes the booking as for his or her own, insofar as he or she 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 by fax:
a) By making the 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. Upon or immediately after conclusion of the contract, LTM shall send the Traveller a travel confirmation that complies with statutory requirements on a durable medium (which enables the Traveller to keep or store the declaration unchanged in such a way that it is accessible to him or her for a reasonable period of time, e.g. on paper or by email), unless the Traveller is entitled to a travel confirmation in paper form pursuant to Art. 250 Section 6 Para. (1) Sentence 2 EGBGB because the contract was concluded in the simultaneous physical presence of both parties or away from business premises.
c) If LTM submits a special offer at the Traveller’s request, this shall, in deviation from the above provisions, constitute a binding contractual offer by LTM to the Traveller. In this case, the contract is concluded without the need for corresponding reconfirmation by LTM (although this is usually provided) if the customer accepts this offer within any period stated in the offer without restrictions, changes or additions by express declaration, down payment, final payment and use of the travel services.
1.3. For bookings in electronic commerce (e.g. internet, app, telemedia), the following applies to conclusion of the contract:
a) The Traveller is informed of the procedure for electronic booking in the corresponding LTM application.
b) The Traveller is provided with an appropriate correction option to correct his or her entries, delete them or reset the entire booking form, and the use of this option is explained.
c) The contract languages offered for carrying out the online booking are indicated. Only the German language is legally authoritative.
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 the button “book with obligation to pay”, 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 or her booking.
g) The transmission of the booking by clicking the button “book with obligation to pay” does not give the Traveller any claim to the conclusion of a package travel contract in accordance with his or her booking details. Rather, LTM is free to decide whether or not to accept the Traveller’s contractual offer.
h) The contract is concluded when the Traveller receives the travel confirmation from LTM.
i) If the travel confirmation is issued immediately after the Traveller has made the booking by clicking the button “book with obligation to pay”, by means of the corresponding immediate display of the travel confirmation on the screen (real-time booking), the package travel contract is concluded when the Traveller receives and sees this travel confirmation on the screen, without the need for an interim notification of receipt of his or her booking pursuant to f), provided that the Traveller is offered the option of saving the travel confirmation on a durable medium and printing it out. However, the binding nature of the package travel contract does not depend on the Traveller actually using these options for saving or printing. LTM will also send the Traveller a copy of the travel confirmation in text form.
1.4. LTM points out that, under the statutory provisions (Sections 312 Para. 7, 312g Para. 2 Sentence 1 No. 9 BGB), there is no right of withdrawal for package travel contracts pursuant to Sections 651a and 651c BGB concluded by distance selling (letters, catalogues, telephone calls, faxes, emails, messages sent via mobile phone services (SMS), as well as radio, telemedia and online services), but only the statutory rights of rescission and termination, in particular the right of rescission pursuant to Section 651h BGB (see also Section 5). However, a right of withdrawal exists if the contract for travel services pursuant to Section 651a BGB was concluded away from business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted at the consumer’s prior request; in the latter case, there is also no right of withdrawal.
2. Payment
2.1. LTM and travel agents may only demand or accept payments towards the travel price before the end of the package tour if a valid traveller money protection agreement exists and the Traveller has been provided with the security certificate, including the name and contact details of the traveller money protection provider, in a clear, comprehensible and prominent manner. After conclusion of the contract, a down payment of 20% of the travel price (plus the price for booked admission tickets) becomes due for payment against delivery of the security certificate. The final payment is due 30 days before the start of the trip, provided that the security certificate has been delivered 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 full travel price is due for immediate payment.
2.2. In deviation from the provisions in Section 2.1., the delivery of a security certificate as a prerequisite for payment becoming due 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 it has been agreed in deviation from Section 2.1. and noted in the travel confirmation that the entire travel price is due for payment without any prior down payment after the end of the package tour at the end of the stay.
2.3. If the Traveller fails to make the down payment and/or final payment in accordance with the agreed payment due dates, although LTM is ready and able to provide the contractual services properly, has fulfilled its statutory information obligations and the Traveller has no statutory or contractual right of retention, LTM is entitled, after issuing a reminder with a deadline, to withdraw from the package travel contract and charge the Traveller withdrawal costs in accordance with Section 5.
3. Changes to contractual content 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 that become necessary after conclusion of the contract and were not brought about by LTM contrary to good faith are permitted for LTM before the start of the trip, provided that the deviations are insignificant and do not impair the overall nature of the trip.
3.2. LTM is obliged to inform the Traveller of changes to services immediately after becoming aware of the reason for the change, on a durable medium (e.g. also by email, SMS or voice message), in a clear, comprehensible and prominent manner.
3.3. In the event of a significant change to an essential characteristic of a travel service or a deviation from special requirements of the Traveller that have become part of the package travel contract, the Traveller is entitled, within a reasonable period set by LTM at the same time as the notification of the change, either to accept the change or to withdraw from the package travel contract free of charge. If the Traveller does not expressly declare withdrawal from the package travel contract to LTM within the period set by LTM, the change shall be deemed accepted.
3.4. Any warranty claims remain unaffected insofar as the changed services are defective. If LTM incurred lower costs for carrying out the changed trip or any replacement trip offered of equivalent quality at the same price, the difference must be refunded to the customer in accordance with Section 651m Para. 2 BGB.
4. Price increase; price reduction
4.1. LTM reserves the right, in accordance with Sections 651f and 651g BGB and the following provisions, to increase the travel price agreed in the package travel contract insofar as
a) there is an increase in the price for the carriage of passengers due to higher costs for fuel or other energy sources,
b) there is 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 tour in question has a direct impact on the travel price.
4.2. An increase in the travel price is only permitted if LTM informs the Traveller clearly and comprehensibly in text form about the price increase and the reasons for it, and provides the calculation of the price increase.
4.3. The price increase is calculated as follows:
a) In the event of an increase in the price for the carriage of passengers pursuant to Section 4.1.a), LTM may increase the travel price in accordance with the following calculation:
In the event of an increase relating to a seat, LTM may demand the increase amount from the customer.
Otherwise, the additional transport costs demanded by the transport company per means of transport are divided by the number of seats in the agreed means of transport. LTM may demand the resulting increase amount for the individual seat from the customer.
b) In the event of an increase in taxes and other charges pursuant to 4.1.b), the travel price may be increased by the corresponding proportional amount.
c) In the event of an increase in exchange rates pursuant to Section 4.1.c), the travel price may be increased to the extent that the trip has become more expensive for LTM as a result.
4.4. LTM is obliged, at the request of the customer/Traveller, to grant a reduction in the travel price if and insofar as the prices, charges or exchange rates mentioned in Section 4.1. have changed after conclusion of the contract and before the start of the trip and this results in lower costs for LTM. If the customer/Traveller has paid more than the amount owed thereafter, the excess amount must be refunded by LTM. However, LTM may deduct from the excess amount to be refunded the administrative expenses actually incurred by LTM. At the request of the customer/Traveller, LTM must provide proof of the amount of administrative expenses incurred.
4.5. Price increases are only permitted if received by the Traveller no later than the 20th day before the start of the trip.
4.6. In the event of price increases of more than 8%, the Traveller is entitled, within a reasonable period set by LTM at the same time as notification of the price increase, either to accept the change or to withdraw from the package travel contract free of charge. If the customer does not expressly declare withdrawal from the package travel contract to LTM within the period set by LTM, the change shall be deemed accepted.
5. Withdrawal by the Traveller, rebooking
5.1. The Traveller may withdraw from the package travel contract at any time before the start of the trip. Withdrawal must be declared to LTM at the address stated above/below. If the trip was booked through a travel agent, withdrawal may also be declared to that agent. The customer is advised to declare withdrawal in text form.
5.2. If the customer withdraws before the start of the trip or does not commence the trip, the tour operator loses the claim to the travel price. Instead, the tour operator may demand reasonable compensation, unless the withdrawal is attributable to the tour operator or unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity that significantly impair the performance of the package tour or the carriage of passengers 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 flat-rate compensation amounts, taking into account the period between the declaration of withdrawal and the start of the trip, as well as the expected savings in expenses and the expected income from alternative use of the travel services. Compensation is calculated according to the time of receipt of the declaration of withdrawal as follows, using the respective cancellation scale:
a) up to the 31st day before the start of the trip *20% of the travel price
b) from the 30th to the 21st day before the start of the trip *30% of the travel price
c) from the 20th to the 12th day before the start of the trip *40% of the travel price
d) from the 11th to the 04th day before the start of the trip *60% of the travel price
e) from the 3rd day before the start of the trip and in the event of no-show *90% of the travel price
*Admission tickets and third-party services included in the package price that can no longer be returned will be charged at 100%.
5.4. It is strongly recommended that travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness be taken out.
5.5. In any case, the Traveller remains free to prove to LTM that LTM has incurred no loss at all or a significantly lower loss than the flat-rate compensation demanded by LTM.
5.6. LTM reserves the right to demand higher, specific compensation instead of the above flat rates, insofar as LTM proves that it has incurred significantly higher expenses than the applicable flat rate. In this case, LTM is obliged to quantify and substantiate the compensation demanded, taking into account the saved expenses and any alternative use of the travel services.
5.7. If the tour operator is obliged to refund the travel price as a result of withdrawal, it must do so immediately and in any event within 14 days of receipt of the declaration of withdrawal.
5.8. The customer’s statutory right, pursuant to Section 651 e BGB, to require the tour operator by notification on a durable medium to allow a third party to assume the rights and obligations under the package travel contract in his or her 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, at the Traveller’s request after conclusion of the contract, changes are made with regard to the travel date, accommodation, type of catering or other services (rebookings), LTM may charge a rebooking fee of €25 per person up to the 31st day before the start of the trip, without the Traveller having any legal entitlement to the rebooking being carried out and only insofar as this is possible at all. Later rebookings are only possible by withdrawing from the travel contract and making a new booking in accordance with the above withdrawal conditions. This does not apply to rebooking requests that cause only minor costs or if the rebooking is necessary because LTM provided no, insufficient or incorrect pre-contractual information to the Traveller pursuant to Art. 250 Section 3 EGBGB.
6. Obligations of the Traveller
6.1. Travel documents: The customer must inform LTM or the travel agent through whom he or she booked the package tour if he or she does not receive the necessary travel documents (e.g. hotel voucher, voucher) within the period communicated by LTM.
6.2. Notification of defects / request for remedy:
a) If the trip is not provided free of travel defects, the Traveller may request a remedy.
b) Insofar as LTM was unable to provide a remedy as a result of the culpable failure to notify a defect, the Traveller may assert neither claims for reduction pursuant to Section 651m BGB nor claims for damages pursuant to Section 651n BGB. The Traveller is obliged to notify the LTM representative on site of any defects without delay. If there is no LTM representative on site and none is contractually owed, any travel defects must be reported to LTM at the contact point communicated by LTM; the Traveller will be informed in the travel confirmation of the availability of the LTM representative or its local contact point. However, the Traveller may also notify the travel agent through whom he or she booked the package tour of the defect.
c) The LTM representative is authorised to arrange for a remedy where possible. However, he or she is not authorised to acknowledge claims.
6.3. Setting a deadline before termination: If the Traveller wishes to terminate the package travel contract due to a travel defect of the type described in Section 651i Para. (2) BGB, insofar as it is significant, pursuant to Section 651l BGB, he or she must first set LTM a reasonable deadline for remedy. This only does not apply if LTM refuses to provide a remedy or if immediate remedy is necessary.
7. Limitation of liability
7.1. LTM’s contractual liability for damage that does not result from injury to life, body or health and was not caused culpably is limited to three times the travel price.
7.2. LTM is not liable for service disruptions, personal injury or 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 were expressly and clearly identified as third-party services in the travel description and the travel confirmation, stating the identity and address of the arranged contractual partner, so that the Traveller could recognise that they are not part of LTM’s package tour and were selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.
7.3. However, LTM is liable if and insofar as the breach of information, clarification or organisational obligations by LTM caused damage to the Traveller.
8. Withdrawal by 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 by which LTM’s declaration of withdrawal must be received by the customer must be stated in the respective pre-contractual information.
LTM must state the minimum number of participants and the latest withdrawal deadline in the travel confirmation.
LTM is obliged to inform the customer immediately of the cancellation of the trip if it is established that the trip will not take place because the minimum number of participants has not been reached.
Withdrawal 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 immediately receive back any payments made towards the travel price; Section 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, extraordinary circumstances. In this case, LTM must declare withdrawal immediately after becoming aware of the reason for withdrawal. If LTM withdraws from the contract, LTM loses the claim to the agreed travel price. Please note the travel advice issued by the Federal Foreign Office. This can be accessed by telephone at (+49)30 - 50002000 or on the internet at www.auswaertiges-amt.de.
9. Services not used
If the Traveller does not use individual travel services as a result of an early return journey, due to illness or for other reasons for which LTM is not responsible, the Traveller has no claim to a pro rata refund. However, insofar as the amounts involved are not entirely negligible, LTM will endeavour to obtain a refund from the service provider and will repay the corresponding amounts to the Traveller as soon as and insofar as they have actually been refunded to LTM by the individual service providers.
10. Choice of law and place of jurisdiction; information on consumer dispute resolution
10.1. For Travellers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the Traveller and LTM. Such Travellers may sue LTM exclusively at its registered office.
10.2. For actions brought by LTM against Travellers or contractual partners of the travel contract who are merchants, legal entities under public or private law, or persons whose domicile or habitual residence is abroad, or whose domicile or habitual residence is unknown at the time the action is filed, the registered office of LTM is agreed as the place of jurisdiction.
10.3. With regard to the German Consumer Dispute Resolution Act, LTM points out that LTM does not participate in voluntary consumer dispute resolution. If consumer dispute resolution should become mandatory for LTM after these travel conditions have gone to press, LTM will inform consumers of this in an appropriate manner. For all travel contracts concluded by electronic legal means, LTM refers to the European Online Dispute Resolution platform at ec.europa.eu/consumers/odr/.
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Tour operator:
Leipzig Tourismus und Marketing GmbH
Grimmaischer Steinweg 8
04103 Leipzig
Managing Director: Volker Bremer
Leipzig Local Court HRB 12348
Tel. +49 (0)341 7104-275
Fax +49 (0)341 7104-251
incoming@ltm-leipzig.de