GTC - Travel Services
1. Scope of Application - Subject of Contract
(1) These General Terms and Conditions shall apply solely to package tour services of Stuttgart-Marketing GmbH.
Other conditions shall apply to other services furnished by Stuttgart-Marketing GmbH, for example the "General Terms and Conditions for the Provision of Admission Tickets by Stuttgart-Marketing GmbH" during the sale of admission tickets and the "General Terms and Conditions for the Arrangement of Accommodation by Stuttgart-Marketing GmbH" during the booking of accommodation. Please note that the general terms and conditions of the particular organiser shall also apply to other services.
(2) Only the latest version of the General Terms and Conditions at the time of conclusion of the contract shall apply.
Stuttgart-Marketing GmbH shall not accept conflicting conditions of the customer or conditions of the customer differing from the following General Terms and Conditions, unless the contracting party's terms and conditions have been expressly approved in writing.
2. Conclusion of Contract - Overall Price Liability
(1) Following receipt of a booking inquiry, the contract shall come about through a corresponding booking confirmation by Stuttgart-Marketing GmbH. The booking inquiry shall be binding and may be made by phone, letter or fax, online or in an e-mail. The inquiry may be accepted by Stuttgart-Marketing GmbH within one week by sending a booking confirmation or travel documents.
(2) The person making the booking shall be liable for all third-party obligations contained in the booking inquiry and for his/her own obligations if he/she has accepted this liability by means of an explicit and separate written declaration.
3. Prices and Payment Terms
(1) On conclusion of the contract, an advance payment amounting to 20% of the total price shall become due for payment on handing over of a confirmation and a security note. The advance payment shall be offset against the tour costs. The security note shall refer to the tour costs actually paid. The balance shall become due for payment on the 10th calendar day before the start of the tour in return for the handover of all travel documents.
(2) If the tour journey does not last longer than 24 hours, if it does not include an overnight stay and if the cost of travel does not exceed €75.00, Stuttgart-Marketing GmbH may demand an advance payment of €25.00 without handing over a security note. The balance shall become due for payment on the 10th calendar day before the start of the tour in return for the handover of all travel documents.
(3) The prices shall be shown in Euro and shall include the prevailing rate of value-added tax. The tour price shown in the travel confirmation may increase if the following conditions occur simultaneously and lead to a rise in the tour price:
· The period between the conclusion and fulfilment of the contract exceeds 4 months (example: travel confirmation as conclusion of contract on 26 March, price increase possible after 27 July)
· A change takes place in difficult-to-calculate costs such as transport costs, charges for certain services (e.g. airport or harbour charges or immigration fees), currency costs or fuel costs,
· Notification of the price change is sent to the traveller at the latest on expiration of the 21st calendar day before the date of travel (example: travel confirmation on 26 March, price increase demand at the latest on 6 July when the travel date is 27 July)
The reasons for the price increase shall have occurred after Stuttgart-Marketing GmbH has concluded the contract with the traveller.
The increase in the tour price shall be only be binding on the traveller if Stuttgart-Marketing GmbH discloses the following items and calculations to him/her:
· The relevant cost items,
· The decisive reference dates for calculating the cost increase,
· The allocation method to be used for the individual cost items and the related calculation formula.
In particular, Stuttgart-Marketing GmbH shall reveal how the proportion of the increased costs is represented in the old and the new tour price.
Stuttgart-Marketing GmbH shall immediately inform the traveller about an increase in the tour price.
If the tour price rises by more than 5%, the traveller shall be entitled to withdraw from the travel contract without paying any charges or request that he/she participate in another tour with at least the same value from the programme of Stuttgart-Marketing GmbH, provided Stuttgart-Marketing GmbH is able to offer the traveller such a tour from its programme. The traveller shall enforce the above-mentioned claims against Stuttgart-Marketing GmbH as soon as he/she receives notice of the price increase.
(4) If the tour price has not been paid in full by the 7th calendar date before the travel date, the contract shall be cancelled after a reminder and expiry of a suitable period of grace to pay the balance. As is the case with withdrawal of the traveller from the contract, compensation shall then become due for payment (see § 7 of the General Terms and Conditions), unless serious travel problems had already occurred by this date.
4. Services and Changes to Services
(1) The extent of the service obligations of Stuttgart-Marketing GmbH shall be shown solely in the booking confirmation and the corresponding description of services in the tour brochure.
(2) Changes to and differences in individual travel services from the agreed contents of the travel contract, which become necessary after the contract has been concluded, shall only be permitted if they are not substantial and the overall character of the booked tour is not impaired.
(3) Any change in the tour services shall be notified to the traveller as soon as Stuttgart-Marketing becomes aware of this fact.
(4) In the event of a considerable change in fundamental tour services, the traveller shall be entitled to withdraw from the travel contract without paying any charges or request that he/she participate in another tour with at least the same value from the programme of Stuttgart-Marketing GmbH, provided Stuttgart-Marketing GmbH is able to offer the traveller such a tour from its programme at no additional cost. The traveller shall enforce the above-mentioned claims against Stuttgart-Marketing GmbH as soon as he/she receives notice of the price increase.
(1) If the tour is not furnished in accordance with the provisions of the contract (travel defect), the traveller shall inform Stuttgart-Marketing GmbH immediately about this defect.
The traveller shall be entitled to demand that the defect be remedied free of charge. This may take place informally, but shall be effected in writing due to reasons of evidence. Stuttgart-Marketing GmbH may furnish substitute services with the same value as corrective action. Stuttgart-Marketing GmbH may refuse to carry out corrective action if it involves disproportionate expenditure.
(2) The traveller may demand a corresponding decrease (reduction) in the tour price for the period in which the tour services are not furnished in accordance with the provisions of the contract. The tour price shall be reduced by the ratio between the value of the tour in a faultless state and the actual value at the time of sale. A reduction shall not be considered if the traveller culpably fails to notify Stuttgart-Marketing GmbH about the defect. Service providers, local contacts or similar institutions shall not be entitled to accept claims or give assurances.
(3) If the tour is seriously impaired due to a defect and Stuttgart-Marketing GmbH does not carry out any corrective action within a reasonable period of time, the traveller may terminate the travel contract in accordance with the legal regulations. The contract shall be terminated in writing due to reasons of evidence. The traveller shall have the same rights if he/she cannot be reasonably expected to accept the tour due to a travel defect for good cause. The reason shall be discernible for Stuttgart-Marketing GmbH. A period of grace shall not be required if corrective action is impossible, if Stuttgart-Marketing GmbH refuses to carry out corrective action or the traveller has a particular interest therein.
If the contract is terminated, the traveller shall be obliged to reimburse Stuttgart-Marketing GmbH for the services which he/she used up to the date of termination of the contract. If the contract is terminated due to unjustified reasons, the traveller shall reimburse Stuttgart-Marketing GmbH for the actual additional costs.
(4) Irrespective of a reduction in the price or termination of the contract, the traveller may demand compensation due to non-performance, unless the travel defect is due to circumstances for which Stuttgart-Marketing GmbH is not responsible.
If the traveller refuses to accept reasonable substitute services, he/she shall lose all claims relating to self-help, price reduction, contract termination or compensation.
(5) All complaints, notices and requests in relation to travel defects may be sent to the service providers or Stuttgart-Marketing GmbH. If no local travel manager is available, complaint notices shall be sent directly to Stuttgart-Marketing GmbH (see § 1 of the General Terms and Conditions for the address).
6. Liability for Damage
(1) The liability of Stuttgart-Marketing GmbH and its vicarious agents for non-physical damage due to simple (slight) negligence shall be limited to three times the tour price per traveller. Non-physical damage shall also include damage caused by defects, collateral damage and consequential damage.
(2) If Stuttgart-Marketing GmbH is responsible for damage solely due to the negligence of a service provider, the liability of Stuttgart-Marketing GmbH shall be limited in every case to three times the price of the tour.
(3) The overall liability of Stuttgart-Marketing GmbH shall be excluded or limited if the services to be furnished by a service provider have to be applied in accordance with international agreements or legal regulations based on these agreements and the liability for these services is also excluded or limited.
(4) Stuttgart-Marketing GmbH shall not be liable for performance defaults relating to services which are only arranged as external services (e.g. cultural events) and are expressly described as external services in the tour brochure.
7. Withdrawal of the Traveller - Cancellation - Changes to Bookings
(1) The traveller may withdraw from the contract at any time before the start of the tour. It is recommended that notice of withdrawal be sent in writing due to reasons of evidence.
(2) Stuttgart-Marketing GmbH refers specifically to the possibility of concluding cancellation insurance, which may cover the corresponding costs of cancellation..
(3) If the traveller withdraws from the contract or does not go on the tour, Stuttgart-Marketing GmbH may demand suitable compensation for the preliminary travel arrangements and expenses.
When calculating the compensation, the normal cost savings and the normal possible other uses of the tour services shall be taken into account. Withdrawal compensation shall amount to
- in the case of rail journeys and hotel accommodation as a lump sum from the tour price:
· Up to the 30th calendar day before the travel date: 20%
· From the 29th to the 22nd. calendar day before the travel date: 25%
· From the 21st to the 15th calendar day before the travel date: 35%
· From the 14th to the 8th calendar day before the travel date: 50%
· From the 7th to the 1st calendar day before the travel date: 65%
· From the date of travel and failure to go on the tour: 80% of the tour price,
- If only city tour guides and coaches are used as a lump sum from the tour price:
· Up to the 3rd calendar date before the travel date: 20%:
· Up to 2 working days before the travel date:100%
· In the event of non-appearance without prior cancellation: 100%
If the traveller comes by train, he/she shall pay the full costs of the ticket if it cannot be returned by Stuttgart-Marketing GmbH. The traveller shall pay at any rate the cancellation fee of Deutsche Bundesbahn, which amounts to at least €13.00.
Admission tickets for cultural events may not be returned to Stuttgart-Marketing GmbH, unless Stuttgart-Marketing GmbH culpably infringed an obligation.
(4) After the contract has been concluded, it shall be possible to make changes by mutual consent to the travel date, the tour destination, the place where the tour starts, accommodation or the method of transportation within the following periods (change of booking).. Requests for a change in the booking, which are made after the period has expired, may only normally be implemented, if this is still possible, after withdrawal from the contract according to the above-mentioned conditions and after a new booking has been made.
If changes are made to city tour guide and coach bookings (only possible up to the 7th working day before the travel date), Stuttgart-Marketing GmbH may levy a rebooking fee amounting to €10.00 for each change transaction.
If changes are made to bookings for other services (only possible up to the 40th working day before the travel date), Stuttgart-Marketing GmbH may levy a rebooking fee amounting to €25.00 for each change transaction.
(5) The customer shall be entitled at any rate to provide evidence to the effect that Stuttgart-Marketing GmbH did not suffer any damage or only negligent damage was incurred. Stuttgart-Marketing GmbH shall also be entitled to enforce claims for its specific damage instead of lump-sum compensation and to provide detailed evidence of this damage.
8. Termination of the Contract and Withdrawal by the Tour Organiser
(1) Stuttgart-Marketing GmbH shall be entitled, up to 2 weeks before the travel date, to withdraw from the contract, especially if
- a minimum number of participants specified in the catalogue or the travel confirmation is not attained.
- Stuttgart-Marketing GmbH cannot be reasonably expected to implement the tour because the economic sacrificial limit is exceeded due to reasons for which Stuttgart-Marketing GmbH is not responsible.
(2) If Stuttgart-Marketing GmbH withdraws from the contract, the traveller shall be reimbursed immediately for any advance payments which he/she has already made as well as a booking fee if he/she does not exercise his/her right to book another tour with at least the same value from the programme of Stuttgart-Marketing GmbH. Stuttgart-Marketing GmbH shall inform the traveller as soon the reasons for the non-implementation of the tour occur and shall send him/her the notice of withdrawal straightaway.
(3) If, in spite of a warning, the traveller disturbs the implementation of the tour to such an extent that his/her fellow travellers or Stuttgart-Marketing GmbH cannot be reasonably expected to tolerate his her/her further participation, Stuttgart-Marketing GmbH may terminate the travel contract after the tour has started. A warning shall be unnecessary if the infringement of the obligation by the traveller is so serious that the travel contract must be terminated immediately or the traveller prevents the warning from being issued.
The traveller shall still be obliged to pay the cost of the tour. However, the cost of the tour shall be reduced by the cost savings or advantages due to different use of the travel services. Stuttgart-Marketing GmbH shall not be obliged, in principle, to transport the traveller home.
9. Termination of the Contract due to Extraordinary Reasons
(1) If the tour is seriously impaired due to reasons of force majeure that were not foreseeable at the time of conclusion of the contract, both parties may terminate the travel contract. § 651 j of the German Civil Code (BGB) shall apply to rescission. If the contract is terminated, Stuttgart-Marketing GmbH may demand suitable compensation for the tour services already furnished or the services to be provided during the tour.
(2) In the case of § 9 (1), Stuttgart-Marketing GmbH shall be obliged to take necessary action. If the contract includes return transportation, Stuttgart-Marketing GmbH shall ensure that this takes place. The contracting parties shall each pay 50% of the additional costs incurred in return transportation. The traveller shall pay other additional costs.
10. Exclusion of Claims and Limitation of Actions
(1) The traveller shall enforce claims against Stuttgart-Marketing GmbH due to the non-conforming provision of travel services (travel fault) within 1 month after the end of the tour stipulated in the contract. At the end of this period, the traveller may only enforce claims if he/she was prevented through no fault of his/her own from complying with the period.
(2) Claims by the traveller according to § 651 c to § 651 f of the German Civil Code (BGB) shall become statute-barred in one year. The period of limitation shall commence on the date when the tour ends according to the contract. The period of limitation shall be suspended as long as the traveller and Stuttgart-Marketing GmbH are conducting negotiations regarding claims or these justified circumstances are in progress. Suspension shall end as soon as one party refuses to continue the negotiations. The limitation of actions shall commence at the earliest 3 months after the end of suspension.
11. Data Protection
The customer's personal data shall be automatically recorded, processed and used to the extent required to implement the contract and through compliance with data protection legislation. Stuttgart-Marketing GmbH shall be entitled to forward data to natural or legal persons who perform the contract relating to event attendance, especially to the particular organiser.
12. Place of Performance - Choice of Law - Place of Jurisdiction
(1) Unless otherwise shown in the contract, the place of performance and place of payment shall be the principal place of business of Stuttgart-Marketing GmbH in Stuttgart.
(2) The law of the Federal Republic of Germany shall apply.
(3) In the case of contracts with merchants, legal persons under public law or special public assets, the sole place of jurisdiction shall be the court responsible for the principal place of business of Stuttgart-Marketing GmbH.
13. Written Form - Long Distance Sales Act
(1) Verbal promises by representatives of Stuttgart-Marketing GmbH or by other supporting staff shall require written confirmation by Stuttgart-Marketing GmbH to become valid.
(2) The provisions of the German Civil Code relating to long distance sales contracts shall not be applied to contracts between Stuttgart-Marketing GmbH and the customer regarding package tours according to 312b
(3) No. 6 of the German Civil Code (BGB).