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Terms and Conditions

The following mediation terms shall apply to all the holiday properties that have not been marked with the TUI Smile. All the holiday properties which have been marked with the TUI Smile shall be subject to the travel stipulations of Wolters Reisen GmbH, further below.

Mediation terms of Wolters Reisen GmbH | TUI GROUP

Status: 1 June 2018

1. Contractual basis

1.1 Wolters Reisen GmbH (hereinafter referred to as "Wolters") acts as a mediator of holiday homes, holiday apartments and similar accommodation (hereinafter referred to as "holiday accommodation") and other tourist services such as travel insurance and car hire (hereinafter referred to as "tourist services"). The holiday accommodation and tourist services are supplied by various providers, in particular tour operators, local agencies and private owners (hereinafter referred to as "providers").

1.2 Wolters operates an online booking engine for the above-mentioned purpose, which is used on its own websites, and in variations on the websites of its partner companies (collectively referred to as the "website"). The present mediation terms apply in both cases. The booking engine includes, among other things, a search function, a detailed presentation of the holiday accommodation with descriptive text, images, availability, prices and the possibility of commissioning a booking.

1.3 Wolters operates exclusively as a mediator of holiday accommodation and tourist services, and mediates contracts in the name and on account of the providers. Upon placing a booking order, an agency agreement shall be formed between the customer and Wolters, the object of which is the mediation of holiday accommodation and/or tourist services. Wolters usually charges the customer a service fee for handling the business transaction. If a service fee is incurred for the booking, this shall be already included in the displayed price for the holiday accommodation, and additionally shown separately in the offers on the website, in the booking process, and on the invoice. The service fee cannot be refunded in the event of cancellations or changes to the booking.

1.4 The basis of a holiday accommodation booking is the detailed description of the property, based on information given by the respective provider. Selection criteria for the online search or in the short text merely serve as guidance.

1.5 The holiday accommodation and tourist services presented on the website do not constitute a binding contractual offer by Wolters and/or the respective provider. Rather they are an invitation to the customers to make an offer to conclude a contract with the provider of the holiday accommodation or tourist services (invitatio ad referendum). The customer makes his/her offer by completing the booking form and sending it to Wolters. This booking request must specify how many people (including all children) will be travelling with the customer and whether the customer will be bringing one or more pets along (details of the species and breed are required). Customers’ special requests (e.g. different arrival time, special equipment, ordering linen, final cleaning and the like) may be entered in the booking request, but require the explicit written confirmation from the provider or Wolters to come into effect. The customer is bound to the contractual offer for a period of seven days. During this period, Wolters (in the name of the provider) or the provider himself shall declare that either the offer has been accepted or the customer will be sent a new contractual offer, which he/she can accept within the period specified therein. A contract regarding the holiday accommodation and, as the case may be, the booked tourist services shall be formed upon conveying a booking confirmation or the customer’s acceptance of the new offer sent by Wolters or the provider. The contract shall also be established upon dispatch of an invoice by Wolters or the provider to the customer.

1.6 The respective provider’s own general terms and conditions can form the basis of the mediated contract for the holiday accommodation and/or tourist services. Payment conditions, provisions on due dates, liability, amendment of reservations, cancellation and other obligations and customer restrictions can be governed therein. Wolters shall submit the provider’s general terms and conditions to the customer in the booking request for inspection and acceptance.

1.7 All contractual components of the booking shall be stored by Wolters to conclude the contractual relationship. Further information regarding this can be obtained from our privacy policy (https://www.tuivillas.com/data_protection).

2. Booking process

2.1 Payments
2.1.1 A deposit is usually requested by the respective provider upon conclusion of the contract, which will be deducted from the price of the holiday accommodation or tourist services. In general, the deposit is due immediately on booking, while the balance payment is usually due 42 days before the trip begins. For bookings of 49 days upwards, the entire rental amount is payable immediately before the trip begins. Details on the due dates and payment conditions can be found in the booking confirmation as well as in the terms and conditions of the respective provider of the holiday accommodation or the tourist services. The collection of payment shall be made by the provider, by atraveo or via a service contractor used to collect debts. If atraveo or a service contactor appointed by it invoices for the holiday accommodation or tourist services and collects payment, this shall be done in the name and on account of the respective provider. If the provider of the mediated service is a tour operator, the customer shall, upon payment, receive a risk coverage certificate or other appropriate evidence that the customer's money is being safeguarded.
 
2.1.2 Depending on the provider, the payment for the holiday accommodation and the tourist services can be made by bank transfer, by SEPA direct debit from current accounts, by credit card or, in exceptional cases, also in cash on site. Direct debits are, in principle, converted into SEPA direct debits by atraveo. The customer will be notified by atraveo at least two days prior to the account being debited. atraveo does not, in principle, levy any payment fees - regardless of the selected payment method. However, the respective provider can charge an additional fee for payments made with certain credit cards. Possible bank fees for domestic or foreign bank transfers will be charged to the customer. Information on the payment methods and fees on offer can be found in the details of the booking order and in the General Terms and Conditions of the respective provider of the holiday accommodation or tourist services.
 
2.1.3 If the credit card deductions or direct debits are rejected or charged back by the executing bank or credit card company, atraveo and/or the providers shall be entitled to invoice the customer for the chargeback fees. The customer shall be notified of the respective fees.
 
2.1.4 If the customer fails to make payments despite them being due, atraveo reserves the right to charge a dunning cost of three euros for the second reminder.
 
2.2 Travel documents
After payment of the entire rental or travel price, the customer shall receive the travel documents from the provider or from atraveo by e-mail 14 days prior to the start of the trip.
 
2.3 Contractual amendments (change of booking, cancellation)
The conditions for contractual amendments arranged or desired by the customer (for example, change of booking, withdrawal) are governed by the provider’s general terms and conditions. If these costs arise through a contractual amendment and are the responsibility of the customer, atraveo shall be entitled to invoice the customer for these costs in the name of the provider and to collect or retain these amounts from the customer. In addition, Wolters levies a blanket booking amendment fee of 50 euros. By takeover of booking by an another person you will be charged with amendment service fee fo 10 euros.
 
2.4 Disclosure of data to process the booked service
atraveo shall collect and use customer information in accordance with the data protection regulations. In order to process the booking, atraveo shall forward the personal data supplied by the customer to the respective provider.
 
2.5 Duties of the customer
2.5.1 The customer shall have a duty to check the booking confirmation and inform atraveo or the provider of the holiday accommodation/tourist services about any errors or discrepancies without delay and no later than the third day following receipt. Hidden errors or deviations shall be considered as accepted.
 
2.5.2 The customer must contact atraveo or the provider if he/she has not received the travel documents 14 days prior to the start of the trip, despite paying the rental or travel price in full. The customer has the duty to check the travel documents for completeness and accuracy, and inform atraveo or the provider without delay if there are any missing or incorrect documents.
 
2.5.3 Shortcomings in atraveo’s mediation service are to be reported to it immediately; the opportunity to remedy the situation shall be given to the extent that is reasonable. Should the customer be guilty of not reporting a shortcoming, all the customer’s claims arising from the agency agreement shall be cancelled, insofar as a reasonable remedy by atraveo for the customer would have been possible.
 
2.5.4 Any defects at the booked holiday accommodation or deficiencies in the tourist services that arise during the stay are to be reported without delay to the provider on site in order to give him/her the possibility of remedying the situation. After the trip, the customer can send the provider a further notice of defects in writing. The customer shall find the address and telephone number of the provider in the travel documents. Statutory deadlines are to be observed. However, if the customer has not already reported the defects during the stay, the provider shall not be obliged to consider the complaint. If the customer sends his/her complaint to atraveo, atraveo shall forward it to the respective provider.
 
2.5.5 Only fully legally competent persons shall be authorised to book holiday accommodation and tourist services with atraveo.
 
 

3. Travel insurance

atraveo shall indicate the possibility of taking out travel cancellation insurance as well as insurance to cover the treatment or repatriation costs in the case of an accident or illness abroad.
 
 

4. Advice on passport, visa, foreign currency and health regulations

4.1 Each customer/traveller shall be responsible for compliance with all applicable domestic and foreign entry and exit requirements, health regulations, passport and visa regulations and provisions for the introduction of pets themselves.
 
4.2 Travel and safety advice, entry requirements, health advice, visa requirements and the like are available for customers on the Foreign Office website. In addition, customers can obtain information from the embassies/consulates that are responsible for them.
 
 

5. Liability by atraveo

5.1 atraveo shall not be responsible for the success of the mediation and/or the defect-free/actual provision of the holiday accommodation service and/or the tourist services themselves, but only that the mediation shall be carried out with the diligence of a prudent businessman.
 
5.2 atraveo shall endeavour to ensure, within reason, that the information, software and other data which are available on the website, in particular in relation to prices, dates and restrictions, are accurate, up-to-date and complete at the time of publication. The individual details of the holiday accommodation and/or the tourist services are based on information from the providers. atraveo shall not assume liability for this.
 
5.3 All holiday accommodation and/or tourist services displayed on the website are of limited availability. atraveo shall not be liable for the availability of holiday accommodation nor of a tourist service at the time of booking.
 
5.4 atraveo shall assume no responsibility for the accuracy, completeness or reliability of third-party content, especially maps, automatic translation, customer reviews, editorial texts and images of locations and regions. Geological data displayed on the website, in particular map illustrations, merely serve as non-binding guidance for the approximate physical location of the offer. Only the local information made available to the customer in the description text of the online presentation and/or in the corresponding booking confirmation shall be applicable for the conclusion of the contract.
 
5.5 The exclusions set forth in points 5.2, 5.3 and 5.4 shall not apply if atraveo was aware of faulty and/or incorrect information or had to have been aware if applying customary care in accordance with standard commercial practice. In this respect, the liability of atraveo for having to have known of such circumstances shall, however, be limited to cases of intent or gross negligence.
 
5.6 Otherwise, atraveo shall only be liable for damages which are not physical in cases of intent or gross negligence, liable because of the assumption of guarantees, and liable for the breach of essential contractual duties (cardinal duties). In the case of a negligent breach of cardinal duties, the liability of atraveo is limited to damage that is foreseeable and typical for the contract and, in any case, to three times the value of the mediated holiday accommodation service or tourist service.
 
5.7 atraveo shall not be liable for any loss or destruction of the itinerary or travel documents, which it cannot substitute, in connection with the dispatch.
 
5.8 atraveo shall not be liable for the consequences of force majeure. These include directives from authorities, civil unrest, wartime events, terrorist attacks, floods, fire, storms, accidents, strikes and other industrial action, from which the services of atraveo or its agents are affected.
 
 

6. Final Provisions

6.1 atraveo reserves the right to modify these mediation terms at any time with effect for the future, without the existence of any duty to notify the customer. The latest version of the mediation terms shall be kept available on the website from the time that they come into force. The customer declares his/her acceptance of the changes through his/her continued use of the website following a change to the mediation terms.
 
6.2 These mediation terms contain all the agreements of the existing mediation contract between the customer and atraveo and supersede all previous agreements, regardless of whether they take place in writing, electronically or orally.
 
6.3 The contractual relationship between the customer and atraveo is subject to the laws of the Federal Republic of Germany, regardless of the nationality of the customer. The place of jurisdiction for registered traders, for people who do not have a general domestic place of jurisdiction as well as for people who have moved their domicile or usual place of residence abroad after conclusion of the contract, or whose domicile or habitual residence is not known at the time an action is filed, shall be Düsseldorf (Germany).
 
6.4 If any of the above provisions is or becomes invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be substituted by a provision which reflects the economic purpose of the provision that is to be replaced as closely as possible.
 

Wolters Reisen GmbH
Bremer Straße 61, 28816 Stuhr, Germany
Contact: +49 (0) 211 668878-830
E-Mail: customerservice@tuivillas.com

Managing Directors: Stephanie Schulze zur Wiesch (CEO), Niels Bartel
Commercial registry: District court of Walsrode HRB 110468
Sales Tax ID: DE116637206

 

Consumer Dispute Resolution / OS Platform

The European Commission provides a platform (the OS platform) at http://ec.europa.eu/consumers/odr/ for users who reside in the EU and wish to settle disputes related to consumer law online.  Wolters Reisen GmbH is not currently participating in an alternative - and for them, voluntary - dispute-resolution procedure. Therefore, the OS platform cannot be used by our customers

 

 

TERMS AND CONDITIONS OF TRAVEL WOLTERS REISEN GMBH

Valid for new bookings from 01.07 2016 (67th edition)

Dear Holiday Guest,

Please take a close look at these terms and conditions of travel, because with your booking you accept these conditions of travel made available to you before the booking. They apply to all programmes (with the exception of TUI Cars, admission tickets as separate components, TUI Boating Holidays, TUI Ticket Shop (TTS) as well as other components and/or services where it is clearly pointed out that the tour operator is acting as agent; the conditions for these programmes are found in the relevant brochures and write-ups as in the context of 3.1) from tour operators TUI Deutschland GmbH and Wolters Reisen GmbH (henceforth referred to as the Tour Operator[s]) as well as - sections 12-14 - for excursions booked through the travel representative at the destination. These conditions supplement and complete articles 651a-m BGB (German Civil Code) and articles 4-11 BGB-InfoV (Directive on Duty to Provide Information and Proof in Accordance with German Civil Law). They can be accessed in the internet (in German) at www.tui.com -> Service -> TUI AGB & Reisebedingungen.

1 Conclusion of Travel Contract, third party services

1.1 With your booking you are agreeing to enter a binding travel contract with the Tour Operator. The travel contract comes into effect when the Tour Operator issues his acceptance. The form of this acceptance does not have to comply with any particular standard.

1.2 Your booking is for you as well as for all the people travelling with you. You are answerable for your obligations in respect of this contract as well as for those of the people travelling with you, provided you have accepted specific responsibility by signing a separate declaration.

1.3 You will receive written confirmation at the time of or directly after concluding the contract. The confirmation in writing will contain all important details and information on the holiday services you have booked.

If the details in the confirmation differ from those of the booking, the Tour Operator is bound by the new offer for 10 days. The holiday contract comes into effect on the basis of the new offer if you accept the new offer within the 10-day deadline.

1.4 Advance reservations are provisional bookings for holidays not yet advertised. They will be converted into firm bookings as soon as and as long as the holiday is bookable for the requested period.

1.5 If you only book an admission ticket from a third party provider without any travel arrangements, the Tour Operator acts only as agent for the third party. The purchase of the mediated admission ticket(s) means you are entering into a contractual arrangement with the respective provider. The name of the provider in question is on the admission ticket.

2 Payment

2.1 To safeguard the monies paid by customers the Tour Operator has taken out insolvency insurance cover with the German Reisepreis Sicherungsverein VVaG (DRS). You will find an insolvency insurance certificate on the confirmation. In addition, the confirmation provides details of the amounts for the deposit and balance due and, if appropriate, the cancellation.

2.2 At the time of concluding the contract the confirmation is handed over and a deposit of 25% of the total price becomes due and is accordingly debited. The deposit increases to 40% of the total price for offers from XTUI, X1-2-FLY and for ticket packages comprising musical/show ticket and accommodation. The costs for travel insurance are due in full along with the deposit.

2.3 The balance becomes due and will be accordingly debited 4 weeks before the start of the holiday once it has been confirmed that your holiday is available as booked and the itinerary (in the case of ticketless travel) or the travel documents are either waiting for you where you made the booking (e.g. at the travel agency, online travel agency, call centre) or have been forwarded to you as agreed. In the case of bookings made shortly before the holiday (30 or less days before the start of the holiday) the full price of the holiday is due immediately.

2.4 Charges in the event of cancellation (cf. Section 7), and charges for booking changes and handling fees (cf. Section 8) are payable immediately.

2.5 Paying the Tour Operator directly

2.5.1 In the case of payment by SEPA Direct Debit , the tour operator needs (if appropriate, through the office you booked with) a mandate that authorises your current account to be charged with the price to be paid (deposit and remaining amount) by means of direct debit. The mandate is part of the confirmation.

2.5.2 Many of the Tour Operator's brands permit payment by credit card. The Tour Operator (or via the office you booked with, as appropriate) needs your address or, as the case may be, the name of the person who will be receiving the documents, as well as your authorisation to charge your credit card. The payment is subject to a transaction charge of 0.7% of the holiday price rounded up or down to the next full euro. This does not apply when payment is made by direct debit in accordance with Section 2.6, or is made using a TUI Card, a GuteREISE CARD or a ROBINSON Card.

2.5.3 For TUI Deutschland holidays you can also pay by bank transfer up to 4 weeks before departure, for holidays with the Tour Operator Wolters up to 8 weeks before departure but only for holidays booked in the internet. For this mode of payment the tour operator needs the first name and surname, full address, phone number and email address of the person booking. This mode of payment entails a processing fee of € 3,– per booking.

2.6 Payment via the office you booked with

In exceptional cases the deposit and the balance can be paid in cash when picking up the itinerary (in the cas of ticketless travel) or the travel documents at the office you booked with.

2.7 Changes to the agreed method of payment can be made only up to 35 days before the start of the holiday and only for outstanding payments.

2.8 If you have not received your itinerary (in the case of ticketless travel) or in exceptional cases your travel documents at the latest 4 days before the start of your holiday, please contact the office you booked with immediately. In the case of short notice bookings and changes to the holiday made within 14 days of the start of the holiday, you receive an itinerary in the same way as for bookings made well in advance. In your own interest we ask you to check your itinerary (in the case of ticketless travel) or travel documents carefully as soon as you receive them.

2.9 If payments that are due are not paid or not fully paid and you do not pay even after receiving a reminder with payment deadline, the Tour Operator can cancel the contract except in the case that a serious deficiency to the holiday has already become apparent. In the event of cancelling the travel contract in the context of the sentence above, the Tour Operator can demand payment of cancellation charges as compensation in line with Sections 7.2 and 7.5. If you do not effect payments despite being in arrears, the Tour Operator reserves the right to charge a fixed dunning cost fee of € 1.50. Your right to prove that substantially lower or no costs were incurred remains unaffected.

2.10 Costs for additional services such as visa applications etc. are not included in the holiday price unless expressly itemised in the brochure write-up. If such costs are incurred, please pay the costs directly to the office you booked with.

3 What you get and the price of your holiday

3.1 The contractually agreed travel services are found in the documentation (e.g. internet brochure, flyer,). The relevant details are found in the confirmation (cf. Section 1.1 sentence 2).

Before the contract is concluded the Tour Operator can modify the descriptions of holiday services at any time. Of course the traveller will be informed accordingly before making the booking.

3.2 Air carrier for the flight/EU Blacklist

The Tour Operator is obligated in line with EU Regulation 2111/2005 of 14.12.2005 to inform you of the identity of the air carrier(s) for the flight(s). If the air carrier has not yet been conclusively established at the time of the booking, you will be informed as to the air carrier that will probably perform the flight. As soon as the identity has been conclusively established, you will be informed accordingly. In the event that a change occurs to the air carrier performing the flight after the booking has been made, you will be informed accordingly as fast as possible.

The list of air carriers subject to an operating ban within the EU (EU Blacklist) can be found at www.lba.de > Häufig gesucht > Airlines mit Flugverbot.

3.3 Flights

The Tour Operator draws your attention to the fact that direct flights as well as non-stop flights may be subject to a stop-over for technical flight or operational reasons.

It is strongly recommended that money, valuables, technical equipment and medication be carried exclusively in your hand baggage.

3.4 Special requests, customised holidays

3.4.1 The office you booked with may only accept the handling of special requests if they declare them to be non-binding. The Tour Operator will do his best to accommodate any request for special arrangements that are not described in the write-up (Section 3.1), e.g. neighbouring rooms or rooms in a certain location or setting. The office you booked with is not entitled without written confirmation by the Tour Operator either before or after conclusion of the travel contract to issue promises in variance with the description of travel services or already concluded travel contracts nor are they entitled to enter agreements unless specifically authorised to do so.

3.4.2 A maximum fee of € 50 per traveller and week is charged for handling travel arrangements in variance with the relevant description of services.

3.4.3 airtours Private Travel

Under the airtours brand we are happy to cater to your personal travel requests. Starting from a minimum price of a Private Travel arrangement of € 2,500 per person with at least five overnight stays, we offer airtours travellers the Private Travel service for holiday components which are not advertised in the airtours brochure.

3.4.4 If travellers already at the destination request changes to flight or hotel arrangements, the Tour Operator reserves the right to charge a reasonable handling fee per person in addition to the extra costs that may arise. Flight amendments are not possible for holidays offered by XTUI and X1-2-FLY.

3.4.5 You may only take pets in cases where the description of travel services expressly and explicitly permits the taking of pets.

3.4.6 Please bear in mind that within a single accommodation unit only one type of meal basis may be booked. This also applies to accompanying children.

3.5 Extending your stay

If you would like to prolong your holiday stay, please inform the travel representative or the Tour Operator’s local representative as soon as possible. We are only too happy to extend your stay if the relevant accommodation and return transport options are available. The costs for extending the stay are payable at the destination. Please have a close look at the applicable rates and conditions for your return transport as well as the period of validity of your travel insurance and any possible visa requirements. It is not possible to extend holiday offers from XTUI and X1-2-FLY.

3.6 Travel representative services, support and assistance

For the holidays on offer you will be looked after in the destination; in the majority of holiday areas by a travel representative of the Tour Operator or by a local representative of the Tour Operator (e.g. the person renting out your holiday property). In other cases you will find contact details in your itinerary (in the case of ticketless travel), in your travel documents, at www.meine-tui.info, in the „meine TUI“ smartphone app or in your hotel In the event of complaints, please refer to the special notes in Section 13.7.2.

4 Special notes for holiday apartments, holiday houses and campers

As a rule consumption-dependent supplementary costs or other supplementary services you requested are not included in the holiday price. Unless specifically mentioned otherwise in the brochure, such costs shall be paid for on the spot. Only the number of adults and children specified in the confirmation may stay in and use the holiday apartment, holiday house or camper. The specified arrival and departure dates are binding.

When picking up the key a reasonable deposit to cover possible damage or consumption-based supplementary costs may be requested and should be paid on the spot. The deposit is refunded or off-set against other expenses after the property and furnishings have been returned in proper cleaned state at the end of the stay.

5 Reductions for children

The age to be taken into account is the age of the child at the start of the holiday. Irrespective thereof, the number and age of any children must always be given when booking.

You can find the scope of the reductions for children in the relevant brochure descriptions. For charter flights that are a component of a package arrangement children under 2 years of age fly at no charge if they do not occupy a seat and are accompanied by an adult (one toddler per adult). Although they are not entitled to occupy a seat, children under 2 years of age have to pay 10% of the flight price for scheduled flights that are a component of a package arrangement and for flight-only travel products (charter or scheduled flight).

In the event of a child‘s age being higher than the age given, the Tour Operator is entitled to charge a handling fee of € 50,– in addition to charging for the difference compared with the proper travel costs. Your right to prove that substantially lower or no costs were incurred remains unaffected.

6 Changes to travel services and prices

6.1 Any changes made to significant holiday services specified in the original travel contact that may become necessary after conclusion of the contract and are not due to actions on the part of the Tour Operator involving a breach of good faith are permissible only to the extent that they are of minor significance and do not impair the overall nature of the holiday booked.

Any warranty claims remain unaffected, especially as far as the changed services are subject to defects. The Tour Operator undertakes to inform the traveller about any significant changes to the holiday services as soon as the reason for any changes becomes known. If appropriate, the Tour Operator will offer the customer the opportunity of rebooking or cancelling the contract at no charge.

For a changed flight that involves a change in the airport, any Rail & Fly ticket (c.f. Section 13.6) appended to your itinerary (in the case of ticketless travel) or to your travel documents is still valid.

6.2 For travel by ship the captain alone decides on necessary changes to passage schedule and/or routes, for instance, for reasons of safety or weather conditions.

6.3 Subsequent to the conclusion of the holiday contract if there is an increase in transport costs or duties levied for certain services, such as port or airport taxes, the Tour Operator reserves the right to increase the holiday price agreed in the contract on the basis described below.

6.3.1 If transport costs, in particular, fuel costs, rise over the costs at the time of concluding the contract, the Tour Operator can increase the price of the trip according to the following formula:

a) In the case of cost increases charged to the Tour Operator on a seat basis, the Tour Operator can charge the traveller the relevant increase.

b) In other cases the additional transport costs charged by the transport provider per means of transport are divided by the number of seats for the contractual means of transport. The Tour Operator can charge the traveller the resultant increase per seat.

6.3.2 If charges or levies such as port or airport taxes the Tour Operator has to pay are increased over the costs at the time of concluding the travel contract, the price of the holiday can be increased by the corresponding, pro-rata amount.

6.3.3 Charging increased costs in accordance with Sections 6.3.1 and 6.3.2 is only permitted, if the interval between conclusion of the holiday contract and the agreed travel date is more than 4 months and the circumstances leading to the increase had not occurred nor could be foreseen before the contract was concluded.

6.3.4 In the case of a retrospective change of the price of the holiday, the Tour Operator shall inform the traveller immediately. Price increases within the last 20 days before start of the holiday are not permitted. In the case of price increases of more than 5%, the traveller is entitled to cancel the contract free of charge or request transfer to another holiday that is at least the equivalent of the holiday in question on the condition that the Tour Operator is able to offer such a holiday to the traveller at no extra cost from his programme. The mutual rights and duties referred to in this clause also apply in the case of permitted change to a main holiday service or component.

6.3.5 The traveller shall assert his rights against the Tour Operator immediately after being notified by the Tour Operator about the price increases and/or the change to the holiday service or component.

7 Cancellation by traveller before the start of the holiday/cancellation charges

7.1 You can cancel your holiday at any time prior to travelling. The date of receipt by the Tour Operator or the office you booked with of the notice of cancellation is crucial (see Section 17 below for the relevant address). We recommend you make your cancellation in writing.

7.2 If you cancel your holiday or fail to undertake the holiday, the Tour Operator loses the entitlement to the holiday price. Instead, the Tour Operator, as long as he does not answer for the cancellation or the failure to undertake the tour and a case of force majeure does not exist, can demand reasonable compensation depending on the actual holiday price for making the travel arrangements and his costs and time spent (cancellation charges). The scaled, flat-rate cancellation charges as itemised in Section 7.5 are worked out on a pro-rata basis according to the proximity of the date of cancellation to the date of the contractually agreed start of the holiday taking due account of normally saved expenditures and customary possible alternative use of the unused holiday services and components.

7.3 Cancellation charges are also due if a traveller does not appear punctually (no-show) at the times specified in the travel documentation at the relevant airport or place of departure or if the holiday cannot be commenced for failure to possess the relevant travel documents such as valid passport or necessary visa for a reason the Tour Operator does not have to answer for.

7.4 You are entitled to provide proof that no or significantly lower costs were incurred in connection with the cancellation or no-show than the costs attributed by the Tour Operator when implementing the flat rates (cf. next Section 7.5).

7.5 The flat rate cancellation charges are normally applied per person/per accommodation unit:

7.5.1 Standard charges:

more than 30 days before departure 25%
from 30th day before departure 40%
from 24th day before departure 50%
from 17th day before departure 60%
from 10th day before departure 80%
from 3rd day before departure
until day holiday starts or no-show 90% of the price of the holiday

7.5.2 Exceptions to the standard cancellation charges:

A Holiday apartments/houses, caravan parks, also with travel by bus or train, motorcycle tours, golf packages (insofar as not included in travel as defined under Section 7.5.1), airtours private travel and Meine Reise a la carte

more than 45 days before departure 25%
from 45th day before departure 50%
from 35th day before departure 80%
from 3rd day before departure
until day holiday starts or no-show 90% of price of the holiday

B Sea cruises, special programmes, activity programmes camper programmes

more than 30 days before departure 25%
from 30th day before departure 40%
from 24th day before departure 50%
from 17th day before departure 60%
from 10th day before departure 80%
from 3rd day before departure
until day holiday starts or no-show 95% of price of the holiday

C The cancellation conditions of the respective provider apply in the case of admission tickets where the Tour Operator acts only as the agent, e.g. for musicals (cf. Section 1.5). You will be advised accordingly when making the booking.

D The cancellation charges below apply to offers from XTUI, X1-2-FLY and to ticket packages comprising musical/show ticket and accommodation:

more than 30 days before departure 40%
from 30th day before departure 55%
from 24th day before departure 65%
from 17th day before departure 75%
from 10th day before departure 85%
from 3rd day before departure until day holiday starts or no-show 95% of price of the holiday.

The cancellation charges below apply to specifically marked top offers as well as to selected, short-notice and/or price-reduced specials and saver holidays:

more than 30 days before departure 25%
from 30th day before departure 45%
from 24th day before departure 65%
from 17th day before departure 75%
from 10th day before departure 85%
from 3rd day before departure until day holiday starts or no-show 95% of price of the holiday.

F Alternative conditions apply to certain products of the Tour Operator Wolters-Reisen (cruises with Hurtigruten, Iceland Pro Cruises, Phoenix Reisen, Hansa Touristik, Oceanwide Expeditions, G Aventures, MSC cruises, Norwegian Cruise Line, Royal Caribbean, Celebrity Cruises, Ponant cruises, Cunard, Haimark Line, SE Tours, Plantours cruises and Göta Canal cruises). You will be informed of the alternative conditions prior to booking.

7.6 Instead of the above mentioned flat rates the Tour Operator reserves the right to claim a higher, individually calculated amount of compensation insofar as he can prove that he has been confronted with significantly higher expenses than the respective applicable flat rate. In this case the Tour Operator is obliged to precisely list and prove the amount of compensation claimed considering any expenses he has saved and any holiday services he has been able to sell or use elsewhere.

7.7 Your right to provide a substitute (see Section 8.2 below) remains unaffected by the above provisions.

8 Amendments, change of person

8.1 Until the 31st day before your holiday starts or in the case of tours according to Section 7.5.2 A until 46th day before your holiday starts, at your request the Tour Operator will, as far as this is feasible, amend your confirmed booking. Changes to bookings/amendments are deemed to be, for example, changes to travel dates, destination, place where holiday commences, accommodation or transport. An extra fee of € 50,– per person is charged for such an amendment.

Any additional costs incurred by service providers (e.g. airlines) will be charged separately. Therefore it is important that you ensure your name is written correctly on all documents.

In addition the following provisions apply:

In the event of change to transport, accommodation (except changes within the booked accommodation) or travel date, the travel prices for the changed service or component is completely recalculated on the basis of the then applicable prices and conditions.

For a change within the booked accommodation (e.g. change of room category, type of board or room occupancy of the booked room), the price for the changed service or component is recalculated on the basis of the hitherto applicable prices and conditions.

Changes in line within the deadlines referred to above in this section (e.g. for flight-based/standard charges from 30th day before departure) as well as amendments that go beyond the period of validity of the brochure description upon which the booking is based (Section 3.1) can only be made by cancelling the travel contract under the provisions in Section 7.5 and immediately rebooking. In addition, flight amendments, changes of the travel date, holiday destination and start of the holiday of offers from XTUI, X1-2-FLY as well as of specifically indicated package holidays that include scheduled flights at special tariffs can only be made by cancelling the travel contract under the provisions in Section 7.5 and immediately rebooking.

Until the time of departure you the traveller can request that your rights and duties in accordance with the travel contract be assigned to a third party. The Tour Operator must be notified accordingly. The Tour Operator can object to a third party substituting the traveller if that person does not fulfil the necessary travel requirements or statutory or official regulations or directives prevent his participation.

If a third party replaces the booked traveller, the Tour Operator is entitled to charge a handling fee of € 10,– to cover the costs associated with organising the replacement person. Any additional costs incurred by service providers (e.g. airlines) will be charged separately. Your right to prove that substantially lower or no costs were incurred remains unaffected.

You as the registered person and the person taking your place are jointly liable for the costs of the holiday incurred as a result of the inclusion of the replacement person.

9 Travel insurance

The Tour Operators recommend taking out a comprehensive travel insurance package, in particular including a (to be bought separately) travel cancellation insurance as well as insurance that covers repatriation costs in the event of accident or illness. Please refer carefully to the insurance options offered in the respective service descriptions. You will find details on insurance cover appended to these terms and conditions of travel or you can obtain them from the office you booked with.

10 Cancellation and termination by the Tour Operator

10.1 The Tour Operator can terminate the holiday contract without notice if the traveller continues to misbehave despite proper admonishment by the Tour Operator. This also applies if a traveller’s conduct grossly violates the terms of the contract to such an extent that immediate termination of the contract is justified.

In the above case the Tour Operator has the right to retain the price of the holiday. The disruptive traveller shall also bear any extra costs for repatriation. On the other hand, the Tour Operator must make due cost adjustment to take into account the value of any saved expenditures as well as such benefits profited from for components not consumed by the traveller and put to other meaningful use or any refunds received from service providers.

10.2 The Tour Operator can cancel the holiday contract until 5 weeks before the start of travel (date delivered to the customer/traveller) in the event of there being less than the minimum number of participants as specified in the relevant description of services and the confirmation. The Tour Operator will of course inform you as early on as possible as soon as it becomes apparent that the minimum number of participants will not be reached. The notice of cancellation will be delivered to the traveller immediately and you will be immediately refunded the price paid for the holiday.

10.3 In the event of the Tour Operator cancelling the travel contract in line with Section 10.2, the traveller is entitled to demand his inclusion in another holiday of at least equal value provided the Tour Operator is able to offer such a holiday from his holiday programme to the traveller without burdening the traveller with extra costs. The traveller shall assert this right against the Tour Operator immediately after becoming cognisant of the Tour Operator’s notice of cancellation. If the traveller does not exercise his right to participate in a holiday of equal value, he shall be immediately refunded the price paid for the holiday.

11 Extraordinary circumstances, force majeure

11.1 We refer you to article 651j BGB in the case of termination of the travel contract due to force majeure.

The wording of this article is as follows:

(1) If the trip is substantially obstructed, jeopardised or impaired as the result of force majeure not foreseeable when the agreement was entered into, then both the tour operator as well as the traveller may give notice to the agreement simply under these provisions.

(2) If the contract is cancelled in line with item (1) above, the provisions of article 651e Section 3 sentences 1 and 2, as well as Section 4 sentence 1 apply. The extra costs for repatriation are shared equally between the parties. In other cases the traveller bears the costs of repatriation.

11.2 You will find travel advisories from the German Foreign Office on the internet at www.auswaertiges-amt.de and can listen to them by calling (030) 5000-2000.

12 Notice of defects, redress, price reduction, termination

12.1 If a travel service or component is not fulfilled in conformity with the contract, the traveller is entitled to demand redress.

The Tour Operator can refuse to provide redress if this would involve unreasonable expenditure.

12.2 The traveller is entitled to claim a reduction in the price of the holiday if the holiday services were not provided in conformity with the contract and he did not culpably omit to notify the Tour Operator of the defects immediately (without undue delay).

12.3 In line with statutory provisions if the holiday is seriously impaired as a result of a deficiency and the Tour Operator does not provide redress within a reasonable period, the traveller is entitled to terminate the holiday contract. It is recommended that the traveller in his own interest and in order to document such action put the notice of termination in writing.

The same applies if the traveller cannot be reasonably expected for good cause to continue the holiday due to deficiencies acknowledged by the Tour Operator.

A reasonable deadline for providing redress does not apply if redress is impossible or the Tour Operator refuses to provide redress or if the immediate termination of the contract is justified in the traveller‘s interest. If the contract is terminated in this way, the traveller is entitled to be repatriated. In this case he will only owe the Tour Operator for the services and components he consumed under the proviso that these were of interest to him.

12.4 Please focus careful attention to the notes in the relevant service descriptions concerning TUI Deutschland GmbH‘s Money-Back Guarantee for flight-based holidays.

13 Liability

13.1 If a deficiency should exist, the traveller is entitled irrespective of reduction in the price of the holiday or termination to claim damages for non-performance unless the deficiency was caused by circumstances beyond the Tour Operator’s control. The traveller can also claim damages for wasted holiday time if the holiday was ruined or seriously impaired.

13.2 Contractual claims for compensation

The Tour Operator’s contractual liability for damages other than personal injury is limited to three times the price of the holiday a) insofar as the damage suffered by the traveller was not caused by the Tour Operator wilfully or through gross negligence or b) insofar as the damage suffered by the traveller is the Tour Operator’s responsibility owing to it being solely due to the fault of a service provider.

13.3 Damages resulting from unlawful acts

All claims against the Tour Operator based on unlawful action that are not due to wilful acts or acts of gross negligence are limited with respect to damage to property to the threefold of the price of the holiday. These maximum liability amounts apply per traveller per holiday. Possible further-going claims in accordance with the Montreal Convention or the Air Traffic Act remain unaffected by this limitation.

13.4 The Tour Operator is not liable for interruptions to services, personal injury and damage to property related to services for which the Tour Operator acted merely as agent and only mediated services rendered by an outside party (e.g. excursions, sports events, visits to the theatre, exhibitions, transportation services from and to the advertised places of departure and destinations) provided these services were explicitly designated in the holiday description and the booking confirmation as services rendered by an outside party indicating the contractual partner so clearly that they are discernible to the traveller as not being part of the holiday performance of the Tour Operator.

However, the Tour Operator is liable

13.4.1 for services which represent the transportation of travellers from the advertised place of departure of the holiday to the advertised destination, interim transport during the journey and accommodation during the journey, as well as

13.4.2 if and as far as the damage suffered by a customer was causally due to the Tour Operator breaching his obligations to inform, advise and organise.

13.5 You are fully responsible if you partake in sports or other holiday activities. You should check sports facilities, equipment and vehicles before using them. The Tour Operator is only liable for accidents that occur in the course of sports and other holiday activities if he must answer for any fault. The Tour Operator recommends that travellers take out accident insurance.

If applicable to you in the description of services (Section 3.1), your itinerary (in the case of ticketless travel) or travel documents will include Rail & Fly tickets from DB AG. Transportation is provided on the basis of the terms and conditions of transport of the respective transport provider. These can be furnished if so requested. The rights and duties of the Tour Operator and the traveller in accordance with German travel legislation and these comprehensive terms and conditions of travel are not limited by the terms and conditions of the respective transport provider.

All travellers are responsible for arriving in good time at the departure airport, unless the delay is the result of intent or a grossly negligent violation of duty on behalf of the Tour Operator.

13.7 Duty to cooperate, complaints

13.7.1 In the event of disruptions to services all travellers are bound in the framework of statutory provisions to cooperate in avoiding or minimising possible damage.

Should you contrary to expectation have grounds to make a complaint, you must inform the local travel representative or the contact person immediately on the spot in accordance with Section 3.6 sentence 1 or Section 3.6 sentence 2 respectively and must request redress. If it is not possible to contact the travel representative service, please contact the service provider (e.g. the transfer transport provider, hotelier, ship’s operator) or the Tour Operator or his local representative. You will find the applicable telephone and fax numbers as well as email addresses in your itinerary (in the case of ticketless travel) or travel documents or in the description of services (Section 3.1) or in the information folder in the hotel.

In the event of damage to or delays in the delivery of baggage or goods after a flight, the Tour Operator recommends that you urgently and without delay notify the respective air carrier in the destination by completing and submitting the Passenger Irregularity Report (PIR). If this cannot be done immediately it should be done in the case of baggage at the latest within 7 days, and in the case of goods within 14 days after taking receipt, and in the case of delayed baggage at the latest 21 days after the baggage or goods were handed over to the traveller. As a rule airlines refuse to pay compensation if the PIR has not been not completed and submitted.

In addition, the loss of, damage to or faulty transport of baggage must be notified to the travel representative service or the Tour Operator’s local representative. Insofar as warranty claims are made in this connection based on article 651c paragraph 3, 651 d, 651e paragraph 3 and 4 BGB then the deadlines apply as laid down in Section 14.1.

When making a complaint, guests staying in holiday apartments or houses must immediately demand redress from the contact person given in the itinerary (in the case of ticketless travel) or travel documentation. If this does not prove successful, you must contact the nearest travel representative service or the Tour Operator’s local representative. If a traveller culpably omits to report a defect without delay a reduction in the holiday price will not occur.

13.7.3 Travel representatives are not authorised to admit entitlement to any claims.

13.8 Online dispute resolution

The European Commission provides the website http://ec.europa.eu/consumers/odr/ for resolving online disputes relating to consumer rights. TUI D and Wolters Reisen do not currently participate in this voluntary procedure for alternative dispute resolution and consequently our customers cannot take advantage of the European Online Dispute Resolution platform.

14 Deadlines, addressees, limitation and assignment

All claims on account of the holiday not being provided in accordance with the contract (articles 651c to 651f of the BGB) must be lodged with the Tour Operator at the latest within one month (refer to Section 17 below). You are recommended to do so in writing.

The traveller can make a claim after the expiry of one month only if he was prevented from doing so earlier by circumstances beyond his control. The day the holiday ended is not counted in calculating the month’s deadline.

See 13.7.2 for claims relating to damage to baggage, delays in the return of baggage or the loss of baggage.

14.2 Limitation of liability

Claims asserted by the traveller in accordance with articles 651c to 651f BGB for losses resulting from fatal injury, bodily harm or damage to health, if they arise from a deliberate or grossly negligent breach of duty on the part of the Tour Operator, lapse according to the statute of limitations after two years. This also applies to claims for compensation for other damages that arise from a deliberate or grossly negligent breach of duty on the part of the Tour Operator or one of his legal representatives or vicarious agents.

14.2.2 All other claims asserted by the traveller in accordance with articles 651c to 651f BGB lapse after one year in line with the statute of limitations.

14.2.3 The determining date for the lapse of claims according to 14.2.1 and 14.2.2 above is based on the day that follows the day the holiday ends as per contract.

14.2.4 Claims arising from unlawful acts lapse after three years.

14.2.5 If negotiations between the traveller and the Tour Operator regarding the claim or the circumstances surrounding the claim remain unresolved, then the period after which the claim lapses will be postponed until the traveller or the Tour Operator refuses to continue with the negotiations. The period after which the claim lapses will take effect at the earliest 3 months after the end of the postponement.

14.3 The office you book with acts only as an agent in making the travel contract. This party is not authorised to accept any warranty or compensation claims made by the traveller after the end of the holiday.

14.4 The assignment of claims against the Tour Operator to other parties is excluded. This does not apply to co-travelling family members or to co-travellers in a jointly registered group.

15 Passport, visa, customs, foreign currency and health requirements

15.1 The Tour Operator will notify nationals of the EU Member State in which the holiday is offered of any requirements concerning passport, visa and health regulations as well as any changes to such regulations before the start of the holiday. Nationals from other countries should contact the respective embassy/consulate of the destination country.

15.2 If the Tour Operator was entrusted with the visa application, the Tour Operator himself is not responsible for ensuring that the visas required are issued by the relevant consular authorities in good time unless the Tour Operator was ultimately responsible for the delay. You should allow approximately 8 weeks for the processing of visa applications etc. by the relevant authorities.

15.3 The traveller alone is responsible for complying with all regulations necessary to participate in the holiday. Any negative consequences, especially the payment of holiday cancellation charges arising from non-compliance with these regulations, are the traveller's responsibility, with the exception of consequences due to culpably incorrect or deficient information provided by the Tour Operator.

15.4 Consult the brochure to find out whether you need a passport or whether an ID card is sufficient. Please ensure that the dates of validity of your identification documents are adequate for your holiday. Children must have their own travel documents.

15.5 Some countries apply very strict customs and currency regulations

Make sure that you are well informed and abide by the regulations.

15.6 Some countries demand that certain vaccination certificates may not be less than 8 days old and not more than 3 years old (smallpox) or 10 years (yellow fever). Proof of such vaccinations is required by the German authorities after returning from certain countries (e.g. in Africa, the Middle East). Please refer to the brochure and consult the office you booked with.

16 Data protection

Personal data that you give to us will be processed electronically and used as necessary in order to execute the contract. Unless you expressly advise us to the contrary, we would also like to write to you in the future with information regarding our latest offers. If you do not want us to send you any information, please contact the "Data Protection" department at the relevant Tour Operator’s address as shown below.

If we use external service providers outside the EU or the EEA (third countries without adequate data privacy and protection legislation and enforcement), the protection and privacy of your personal data is safeguarded by means of EU-standard contractual clauses.

17 General

The invalidity of individual provisions of the holiday contract does not affect the validity of the overall holiday contract. The same applies to these terms and conditions of travel.

These holiday terms and conditions as well as related supplementary information apply to the Tour Operators:

TUI Deutschland GmbH
Karl-Wiechert-Allee 23
30625 Hanover
Commercial Register: Hanover HRB 62522

and

Wolters Reisen GmbH
Postfach 11 51
28801 Stuhr
Commercial Register: Walsrode HRB 110468

 

Printed: June 2016, 67th edition