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travel conditions

• travel conditions

  Rothenburg Tourism Service

  Dear guest,
  We ask you to read the following travel conditions carefully. These travel conditions, to the extent effectively agreed, are the content of the package travel contract concluded between the customer or traveler - hereinafter referred to as "traveller" - with the city of Rothenburg ob der Tauber as the legal entity of the Rothenburg Tourismus Service, hereinafter abbreviated to "RTS". They supplement and complete the legal provisions of Sections 651a - y BGB (Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB).
  These travel conditions apply exclusively to RTS package tours. They do not apply to the arranging of third-party services (such as tours and admission tickets) and not to contracts for accommodation services or their arranging.

  1. Conclusion of the travel contract, obligations of the traveler
  1.1. The following applies to all booking methods:
  a) The basis of the offer from RTS and the traveler's booking are the travel advertisement and the additional information from RTS for the respective trip, insofar as these are available to the traveler when booking.
  b) If the content of the travel confirmation from RTS differs from the content of the booking, this represents a new offer from RTS, to which RTS is bound for a period of 3 days. The contract is concluded on the basis of this new offer, provided that RTS has pointed out the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the traveler declares acceptance to RTS by express declaration or deposit within the binding period.
  c) The pre-contractual information provided by the organizer about essential features of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees (according to Article 250 § 3 numbers 1, 3 to 5 and 7 EGBGB) will only then not be valid Part of the package travel contract, provided this is expressly agreed between the parties.
  1.2. The following applies to bookings made in writing, by email or fax:
  a) By booking, the traveler makes a binding offer to RTS to conclude the package travel contract. The traveler is bound to the booking for 3 working days.
  b) The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) by RTS. Upon or immediately after conclusion of the contract, RTS will provide the traveler with a travel confirmation in accordance with the legal requirements on a durable data medium (which enables the traveler to keep or save the declaration unchanged in such a way that it is accessible to the traveler 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 in accordance with 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.
  1.3. RTS points out that according to the legal regulations (§§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB) for package travel contracts according to § 651a and § 651c BGB, which are distance selling
  (letters, catalogues, telephone calls, faxes, e-mails, messages sent via mobile phone service (SMS) as well as radio, telemedia and online services) have been concluded, there is no right of withdrawal, but only the statutory rights of withdrawal and termination, in particular the right of withdrawal in accordance with § 651h BGB (see see also point 3). However, a right of withdrawal exists if the contract for travel services was concluded outside of business premises in accordance with Section 651a of the German Civil Code (BGB), unless the oral negotiations on which the conclusion of the contract is based were conducted on the consumer's previous order; In the latter case, there is also no right of withdrawal.

  2. pay
  2.1. The handing over of a security certificate as a prerequisite for payment is not necessary if the package offer does not include transport to the place where the travel services are provided and/or back and it has been agreed and noted in the travel confirmation that the entire travel price will be paid without prior down payment after the package has ended Payment is due at the end of your stay. RTS does not charge a deposit.
  2.2. If the traveler does not make payments in accordance with the agreed payment due dates, although RTS is ready and able to properly provide the contractual services, RTS has fulfilled its legal information obligations and the traveler has no legal or contractual right to offset or retention, and the traveler is in default of payment RTS is entitled, after a reminder with a deadline and after the deadline has expired, to withdraw from the package travel contract and to inform the traveler
  Cancellation costs are to be charged in accordance with Section 3.

  3. Withdrawal by the traveler
  3.1. The traveler can withdraw from the package travel contract at any time before the start of the trip. Withdrawal must be declared to RTS at the address given below. If
  If the trip was booked through a travel agent, the cancellation can also be declared to them. The customer is recommended to declare the withdrawal in text form.
  3.2. 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, RTS can demand appropriate compensation if RTS is not responsible for the withdrawal. RTS cannot demand any compensation if there are exceptional circumstances at the destination or in its immediate vicinity
  Circumstances arise that significantly affect the implementation of the package tour or the transport of people to the destination; Circumstances are unavoidable and exceptional if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.
  3.3. RTS has set the following compensation rates taking into account the period between the declaration of withdrawal and the start of the trip as well as taking into account the expected savings in expenses and the expected acquisition through other uses of the travel services. The compensation will be calculated as follows at the respective cancellation scale after receipt of the declaration of withdrawal:
  a) until the 31st day before the start of the trip
  10% of the travel price
  b) from the 30th to the 21st day before the start of the trip
  20% 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 03rd day before the start of the trip
  60% of the travel price
  e) from the 3rd day before the start of the trip and at
  No-show 90% of the travel price
  3.4. In any case, the traveler is free to prove to RTS that RTS suffered no damage at all or that the damage was significantly lower than the flat rate compensation demanded by RTS.
  3.5. A flat rate compensation in accordance with Section 3.3. is deemed not to have been specified and agreed if RTS proves that RTS incurred significantly higher expenses than the calculated amount of the flat rate in accordance with Section 3.3. In this case, RTS is obliged to specifically quantify and substantiate the requested compensation, taking into account the expenses saved and any other use of the travel services.
  3.6. If RTS is obliged to refund the travel price as a result of a withdrawal, Section 651h Para. 5 BGB remains unaffected.
  3.7. The customer's legal right, in accordance with Section 651e of the German Civil Code (BGB), to demand from RTS by means of a notification on a durable data medium that a third party assumes the rights and obligations arising from the package travel contract instead of him, remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by RTS 7 days before the start of the trip.
  3.8. It is strongly recommended to take out travel cancellation insurance and insurance to cover the costs of repatriation in case of accident or illness.

  4. Responsibilities of the traveler
  4.1. Travel documents: The customer must inform RTS or his travel agent through whom the customer booked the package tour if the customer has the necessary travel documents
  (e.g. hotel voucher, voucher) is not received within the deadline notified by RTS.
  4.2. Notification of defects/remedial action:
  a) If the trip is not free of travel defects, the traveler can request remedial action.
  b) If RTS was unable to remedy the situation as a result of a culpable failure to report the defect, the traveler cannot assert claims for a reduction in price according to Section 651m of the German Civil Code (BGB) or claims for damages according to Section 651n of the German Civil Code (BGB).
  c) The traveler is obliged to immediately notify the RTS representative on site of his complaint about defects. If an RTS representative is not available on site and not contractually agreed
  owed, any travel deficiencies must be reported to RTS at the RTS contact point provided; about the availability of the RTS representative or his contact point
  The traveler will be informed of the location in the travel confirmation. However, the traveler can also notify the travel agent through whom he booked the package tour of the defect.
  d) The representative of RTS is authorized to provide remedial action if possible. However, he is not authorized to recognize claims.
  4.3. Setting a deadline before termination: If the traveler wants to terminate the package travel contract in accordance with Section 651l BGB due to a travel defect of the type described in Section 2i Paragraph (651) BGB, if it is significant, the traveler must first set RTS a reasonable deadline for remedial action. This only does not apply if RTS refuses to remedy the situation or if immediate remedy is necessary.

  5. Limitation of liability
  5.1. The contractual liability of RTS for damages that do not result from injury to life, body or health and were not caused culpably is limited to three times the travel price.
  5.2. RTS 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, theater visits, exhibitions) if these services are expressly included in the travel advertisement and the travel confirmation and state the identity and address
  of the brokered contractual partner have been marked as third-party services so clearly that the traveler can clearly see that they are not part of the RTS package tour and have been selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.
  5.3. However, RTS is liable if and to the extent that the traveler's damage was caused by RTS's breach of information, information or organizational obligations.

  6. Assertion of claims, addressee
  The customer/traveler must assert claims against RTS in accordance with Section 651i Paragraph (3) No. 2, 4-7 BGB. The claim can also be made via the travel agent if the package tour was booked through this travel agent. The contractual claims listed in Section 651i Paragraph (3) BGB expire after two years. The limitation period begins on the day on which the trip was supposed to end according to the contract. An assertion in text form is recommended.

  7. Choice of law and place of jurisdiction; Information about consumer dispute resolution
  7.1. For travelers 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 traveler and RTS. Such travelers can only sue RTS at RTS's headquarters.
  7.2. For RTS lawsuits against travelers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who are their
  If you have your place of residence or habitual residence abroad, or whose residence or habitual residence is not known at the time the action is filed, the place of jurisdiction is agreed to be the registered office of RTS.
  7.3. With regard to the Consumer Dispute Resolution Act, RTS points out that RTS does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for RTS after these travel conditions have been printed, RTS will inform consumers of this in an appropriate form. RTS points to the European online dispute resolution platform for all travel contracts concluded via electronic legal transactions ec.europa.eu/consumers/odr/ out.
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  © Copyright Protected; Noll | Huts | Dukic Lawyers, Munich | Stuttgart,
  2020 – 2022
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  Tour operator is:
  City of Rothenburg ob der Tauber
  as the legal entity of
  Rothenburg Tourism Service
  Represented by the mayor Dr. Markus Naser
  Marktplatz 2
  91541 Rothenburg ob der Tauber
  Telephone 09861 / 404-800
  Fax 09861/404-529
  info@rothenburg.de
  www.rothenburg-tourismus.de
  Events