Tourismusverband Erzgebirge e.V.
Adam-Ries-Straße 16
09456 Annaberg-Buchholz

General Terms and Conditions of Business and Travel Conditions for the Arrangement of Accommodation Services

I. General Terms and Conditions for the Sale of Products through the Tourismusverband Erzgebirge e.V. Online Shop

 Section 1      General/Scope

(1)  Any and all business relationship between the Tourismusverband Erzgebirge e.V. (hereinafter referred to as TVE/Seller), Adam-Ries-Straße 16, D-09456 Annaberg-Buchholz, Tel.: +49 3733 / 188000, Fax: +49 3733 / 1880020, Email:info@erzgebirge-tourismus.de and the Customer shall be governed by the following sales and order conditions (terms and conditions) exclusively.

(2)  Customers within the meaning of these General Terms and Conditions can be both consumers and entrepreneurs.

(a) Entrepreneurs are natural or legal persons or a partnership with legal capacity who conclude legal transaction in exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and enter into liabilities, Section14 BGB [German Civil Code].

(b) A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or self-employed professional activity.

(3)  For entrepreneurs, the following applies: These Terms and Conditions shall also apply to all future contracts, unless different contractual provisions are expressly agreed.

(4)  TVE shall not recognise any terms and conditions of the Customer that contradict or deviate from the following provisions unless TVE has expressly agreed to their validity in writing. These Terms and Conditions shall also apply if TVE carries out delivery to the Customer without reservation in the knowledge that the Customer's Terms and Conditions conflict with or deviate from these Terms and Conditions. In this respect, these Terms and Conditions shall apply.

(5)  The contract language is German.

 

Section 2      Conclusion of Contract

(1)  Your contractual partner is Tourismusverband Erzgebirge e.V., Adam-Ries-Straße 16, D-09456 Annaberg-Buchholz, Tel.: +49 3733 188000, Fax: +49 3733 1880020, Email:info@erzgebirge-tourismus.de.

(2)  The Buyer can select from the Seller’s range of products and/or services and collect these in a so-called shopping cart using the "add to shopping cart" button. Using the "buy" button, they make a binding offer to buy the goods in the shopping cart. Before sending the order, the Customer can change and view the data at any time and correct it using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard and mouse functions. However, the application can only be submitted and transmitted to the Seller if the Customer has accepted these Terms and Conditions by clicking the "Accept GTC" button and has thereby included them in their application. With the order, the Buyer declares bindingly that they wish to purchase the goods.

(3)  The Seller shall then send the Customer an automatic order confirmation by email in which the Customer's order and the General Terms and Conditions are listed again by the Seller and which the Customer can print using the "Print" function. The automatic acknowledgement of receipt merely documents that the Customer's order has been received by the provider and does not constitute acceptance of the application.

(4)  The contract is only concluded when the provider submits a declaration of acceptance (order confirmation). This can be done electronically or in written form. The Customer receives this message immediately, but no later than 2 working days after the order has been received by the Seller.

(5)  The contract text will be stored by the Seller and sent to the Customer at their request.

(6)  The pictures of the products contained in the presentation of the goods only serve as examples and may differ from the original goods in colour and lettering. They are not always a true and exact representation of the product, but merely serve illustration purposes. The product descriptions are authoritative in this respect.

 

Section 3      Prices/Shipping Costs

(1)  The prices valid and agreed on the day of the order/order placement shall apply to the contracts. These include statutory value added tax, provided that the Buyer/Customer is not exempt from the payment of value added tax. Shipping costs and packaging costs are calculated and indicated separately.

(2)  The corresponding shipping costs (forwarding costs) are indicated to the Customer in the order form and are to be borne by the Customer, unless the Customer makes use of their right of withdrawal.

(3)  When exercising the right of withdrawal, the Customer shall bear the regular costs of the return shipment.

(4)  The Customer's warranty rights remain unaffected by paragraphs 2 and 3.

 

Section 4      Delivery Times / Delivery Deadlines /Product Availability

(1)   The ordered goods are usually dispatched within 2 working days of receipt of payment.

(2) The Seller shall immediately inform the Customer if the product ordered by them is not available at the time they made their order.

(3)   If the product specified by the Customer in the order is only temporarily unavailable, the Provider will also inform the Customer of this immediately. If delivery is delayed by more than four weeks, the Customer has the right to withdraw from the contract. In addition, the Seller is also entitled to withdraw from the contract in this case.

(4)   Any payments already made by the Customer shall be reimbursed immediately in this case.

 

Section 5      Dispatch and Transfer of Risk

(1)   The risk of accidental destruction or accidental deterioration of the article of delivery is transferred to the Customer once the delivery item has been handed over to the Customer. This provision does not apply to entrepreneurs. In this case, the transfer of risk shall apply from the time of transfer to the transport company.

(2)  Shipping delays due to force majeure as well as due to circumstances which the Seller has no influence over, this includes in particular strikes, lockouts, official orders, etc., do not constitute a delay in delivery by TVE. The latter shall be entitled to postpone the delivery or service for the duration of the hindrance plus an appropriate start-up period.

 

Section 6      Payment of the Purchase Price

(1)  Payment shall be made in advance (bank transfer) unless other terms of payment have been agreed in writing.

(2) The Customer must pay the purchase price to the Seller by bank transfer within 10 days of invoicing.

(3) In the event of default in payment, the statutory provisions shall apply.

(4)  If the Seller is charged fees for which the Customer is responsible, TVE reserves the right to charge the Customer any fees incurred. The Customer shall be permitted to prove that no damage of this amount has occurred at all or that it is significantly lower.

 

Section 7      Warranty and Liability

(1)  The statutory warranty rights shall apply.

(2)  The warranty rights of the entrepreneur presuppose that they have fulfilled their inspection and complaint obligations within the meaning of Sections 377, 378 HGB [German Commercial Code].

(3)  With the exception of damages resulting from injury to life, body or health as well as essential contractual obligations, the Seller shall be liable exclusively for intent and gross negligence. This also applies to indirect consequential damages. The limitation of liability shall also apply mutatis mutandis to employees and vicarious agents of TVE.

(4)  Essential contractual obligations, so-called cardinal obligations, are those contractual obligations the fulfilment of which is essential to the proper execution of the contract and on the observance of which the contractual partner may regularly rely, and the breach of which on the other hand endangers the achievement of the purpose of the contract. The liability for breach of these obligations, insofar as only slight negligence exists, is also limited in the case of material damage to such damage that must be typically and foreseeably expected to occur within the scope of the provision of services, such as the contractual services.

(5)  Liability under the Product Liability Act remains unaffected.

 

Section 8      Retention of Title

The delivered goods shall remain the property of the Seller until the purchase price has been paid in full by the Customer.

 

Section 9      Place of Performance and Jurisdiction

If the Customer is an entrepreneur, the Seller's place of business shall be the place of jurisdiction; however, the Seller shall also be entitled to file a suit against the Customer at their place of residence. Unless otherwise stated in the order confirmation, the Seller’s place of business is also the place of performance.

The statutory provisions governing the place of jurisdiction shall apply to consumers.

 

Section 10   Applicable Law

German law shall apply to all contracts to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

II. General Terms and Conditions for Travel Agency Services by TVE

Section 1      General/Scope

(1)  Your contractual partner is Tourismusverband Erzgebirge e.V., Adam-Ries-Straße 16, D-9456 Annaberg-Buchholz, Tel.: +49 3733 188000, Fax: +49 3733 1880020, Email:info@erzgebirge-tourismus.de (hereinafter referred to as Booking Service/TVE).

(2)  The Booking Service arranges hotel rooms (including overnight stays in bed and breakfasts, inns and the like) and holiday accommodation in private rooms in accordance with the current booking offer. Contractual relationships in the provision of overnight accommodation services are established directly between the accommodation company and the Customer. TVE shall owe the Customer proper and thorough mediation, not the mediated service itself. Our information on the brokered service is based on the information provided by the respective contractual partner and does not represent any assurances or guarantees of our own. The following Terms and Conditions apply to the booking and processing of the above-mentioned offers.

 

Section 2      Conclusion of the Agency Contract

(1)  The Customer's order to book a tourism service or transport for the Customer bindingly with the respective service provider can be placed with the Booking Service in writing, verbally or by fax. Furthermore, the Customer can collect the desired service on the TVE website in a so-called shopping basket using the "Add to shopping cart" button. By clicking the "Book with payment" or "Buy", "Order” button, they submit a binding offer to conclude an agency contract for tourist services. Before sending the order, the Customer can change and view the data at any time and correct it using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard and mouse functions. However, the application can only be submitted and transmitted to the Seller if the Customer has accepted these Terms and Conditions by clicking the "Accept GTC" button and has thereby included them in their application. The order is also a binding offer to conclude an accommodation contract with the service provider of the tourist service.

(2)  The booking shall also be made by the applicant for all participants listed in the registration, for whose contractual obligations the applicant is responsible as well as their own, provided they have assumed a corresponding separate obligation by express and separate declaration.

(3)  TVE shall then send the Customer an automatic order confirmation by email in which the Customer's order is listed again and which the Customer can print using the "Print" function. The booking confirmation constitutes a binding contract for tourism services, which is concluded on behalf of the tourism service provider.

(4)  Payment shall be made directly to the service provider.

(5)  The contract language is German.

 

Section 3      Services and Prices

(1)   The specified prices are binding final room rates. Unless otherwise stated in the price table, they usually include all additional costs except the visitor's tax.

(2)  The possible payment methods (e.g. credit card, direct debit, payment on account) are listed for all bookable trips and services and may vary. Please see the information provided by the contract partner for payment; this will also tell you whether and to what extent a deposit is required and when this is due.

(3)   Ancillary agreements, which extend the service content, are only binding after express written confirmation.

 

Section 4      Withdrawal 

(1)  In the event of withdrawal from a binding booking or non-use of booked services, the accommodation company generally has a legal claim to the full remuneration, less the expenses saved as a result of non-use of the services.

(2)  The cancellation of the trip must be declared in writing to the Saxony Booking Service office which made the booking.

(3)  The following fees apply in the event of cancellation of a binding booking:

a) Cancellation of accommodation services by the guest:

For bookings of accommodation services which are not made through travel agencies/tour operators but through the booking offices, the following cancellation fees apply to the guest according to No. 4 of the DEHOGA [German Hotel and Restaurant Association] Recommendations for the Cancellation of Accommodation Services:

i. 80% of the overnight price for overnight stay or overnight stay/breakfast as booked service. ii. 60% of the overnight price for half or full board as booked service

In principle, cancellation fees are to be paid by the guest, unless this is contrary to applicable jurisdiction in individual cases, i.e. it is possible to relet the cancelled rooms without further or separate financial and/or personnel expenses on the part of the accommodation company. The guest is expressly permitted to prove that the accommodation company has suffered no or less damage than stated in the cancellation fees.

b) Cancellation of accommodation services by the guest with the travel agency/tour operator:

The cancellation periods and fees in the event of cancellation by the guest/traveller vis-à-vis the travel agency/tour operator are an integral part of the contract between the travel agency/tour operator and the guest/traveller.

c) Cancellation of accommodation services/hotel reservation contracts by tour operators/travel agencies:i. Cancellation periods and fees in the event of cancellation of hotel reservation contracts (accommodation services) by travel agencies/tour operators vis-à-vis the accommodation company can be expressly agreed individually (right of withdrawal or reservation of withdrawal).ii. If such an agreement has not been concluded, the period within which reservation contracts can be cancelled free of charge by the tour operator or the travel agency making the booking shall be three weeks for hotel reservation contracts (accommodation services) and four weeks for special events (accommodation services and other services of the accommodation company not included in the standard offer).

Cancellations after the expiry of the periods specified in 3 c ii shall be subject to the cancellation fees for tour operators or travel agencies specified in 3 a), unless other cancellation fees have been expressly agreed between the contracting parties. The receipt of the the tour operator's or travel agency’s cancellation letter by the accommodation company is decisive for compliance with these deadlines.

(4)  The Saxony Booking Service recommends taking out a travel cancellation costs insurance policy.  

 

Section 5      Liability

Since the Booking Service only acts as a intermediary, liability can only be assumed for possible own mistakes in mediation, otherwise, the respective accommodation company is directly liable.

 

Section 6      Warranty/Complaints

If problems with the service occur, the service provider is the first point of contact for the traveller. If the problem is not remedied, please inform the Booking Service’s office having made the booking.

III. Travel Conditions for Package Deal Organisers

For bookings from 01.07.2018

The Terms and Conditions below, as far as effectively agreed, are the content of the travel contract that materialises between you and the Tourismusverband Erzgebirge e.V. tour operator booking service, abbreviated in the following as "TVE", in the case of reservation.  

1. Conclusion of the package tour contract, the Customer’s obligation

1.1. The following applies to all booking channels:

a) The basis of TVE's offer and the Customer's booking shall be the travel advertisement and the supplementary information provided by TVE for the respective trip, insofar as these are available to the Customer at the time of booking.

b) If the content of TVE's booking confirmation differs from the content of the booking, this shall constitute a new offer from TVE, which TVE shall be bound to for a period of 5 days. The contract shall be concluded on the basis of this new offer insofar as TVE has pointed out the change with regard to the new offer and fulfilled its pre-contractual information obligations and the Customer declares their acceptance to TVE within the commitment period by means of an express declaration or making a down payment.

c) The pre-contractual information provided by TVE regarding the essential characteristics of the travel services, the tour price and all additional costs, the payment modalities, the minimum number of participants and the cancellation costs (in accordance with Article 250 Section 3 numbers 1, 3 to 5 and 7 of the EGBGB [Introductory Act to the German Civil Code]) will not be deemed part of the package travel contract only if this has been expressly agreed between the parties.

1.2. The following applies to bookings made verbally, by telephone, in writing, by email, by SMS or by fax:

a) Such bookings (except verbal and telephone bookings) shall be made using TVE's booking form (in the case of e-mails, by sending the completed and signed booking form as an attachment). With this booking, the Customer submits TVE a binding offer for the conclusion of the package travel contract. The Customer is bound to the booking for 5 working days.

b) The contract shall come into effect upon receipt of the TVE booking confirmation (declaration of acceptance). Upon or immediately after conclusion of the contract, TVE shall send the Customer a booking confirmation in text form in accordance with the statutory requirements regarding its content, unless the traveller is entitled to a booking confirmation in paper form pursuant to Art. 250 Section 6(1) sentence 2 EGBGB because the contract was concluded in the simultaneous physical presence of both parties or outside business premises.

c) If TVE submits a binding and concrete offer with services, prices and travel period to the Customer, if necessary after prior agreement with the Customer about the Customer's wishes, the contract shall be concluded in derogation from the above provisions by the Customer accepting this offer without additions, reservations or other changes in the form and period specified by TVE. In this case, the contract shall come into effect upon receipt by TVE of the Customer's declaration of acceptance. TVE shall inform the Customer of receipt of the declaration of acceptance. However, the legal validity of the contract is independent of whether the Customer receives this notification or not.

1.3. The following shall apply to the conclusion of contracts for bookings made via electronic commerce (e.g. Internet, app, telemedia):

a) The electronic booking process shall be explained to the Customer in relevant TVE application.

b) The Customer has a suitable option to correct their entries, delete or reset the entire booking form, the use of which is explained.

c) The contract languages offered to make the online booking are specified. Only the German language is legally authoritative.

d) If the contract text is stored by TVE in the online booking system, the Customer shall be informed of this and of the possibility of later retrieval of the contract text.

e) By pressing the "Book with payment" button, the Customer submits TVE a binding offer for the conclusion of the package travel contract. The Customer is bound to this contract offer for 5 working days after submitting the electronic declaration.

f) The Customer shall receive immediate electronic confirmation of receipt of their booking.

g) Submitting the booking request by clicking on the "Book with payment" button does not establish a claim for the Customer to the conclusion of a package travel contract according to their booking details. Rather, TVE is free to decide whether or not to accept the Customer's offer to conclude a contract.

h) The contract shall come into effect upon receipt by the Customer of TVE's booking confirmation.

i) If the booking confirmation is made immediately after the Customer has made the booking by pressing the "Book with payment" button by displaying the booking confirmation immediately on the screen (booking in real time), the package travel contract is concluded with receipt and display of this booking confirmation on the Customer's screen without the need for an interim notification of receipt of the Customer's booking in accordance with point f). Provided that the Customer is offered the possibility of saving the booking confirmation on a permanent data carrier and printing it out. However, the binding nature of the package travel contract is not dependent on the Customer actually using these options for saving or printing. TVE shall also send the Customer a copy of the booking confirmation in text form.

1.4. 
TVE would like to point out that according to the statutory provisions (Sections 312(7), 312g (2) sentence 1 no. 9 BGB) in the case of package travel contracts in accordance with Section 651a and Section 651c BGB concluded in distance selling (letters, catalogues, telephone calls, faxes, emails, messages (SMS) sent via the mobile telephone service as well as radio, telemedia and online services), there is no right of withdrawal, but only the statutory rights of withdrawal and termination, in particular the right of withdrawal in accordance with Section 651h BGB (also see no. 5). However, a right of withdrawal does exist if the contract for travel services has been concluded outside business premises in accordance with Section 651a BGB, unless the verbal negotiations on which the conclusion of the contract is based were based on a previous order by the consumer; in the latter case, a right of withdrawal also does not exist.  

2. Payment

2.1. 
TVE and travel agents may only demand or accept payments, incl. partial payments, of the travel price before the end of the package travel if an effective customer money protection contract exists and the Customer has been provided with the security note with the name and contact details of the customer money insurer in a clear, understandable and highlighted manner. After conclusion of the contract, an advanced payment of 20% of the travel price is due for payment against delivery of the security note. The residual amount is due 30 days before the start of the trip, provided that the security note has been handed over and the trip can no longer be cancelled for the reason stated in section 7. For bookings less than 30 days prior to the start of the trip, the entire travel price is due for payment immediately.

2.2. 
Insofar as the travel services do not include transport of the Customer from their place of residence or another starting point to the place of the contractual services and/or back and it is agreed in individual cases that the entire travel price is due for payment without prior down payment only at the end of the journey after receipt of all travel services, there is no obligation to hedge against insolvency and to hand over a security note. This shall also apply if a down payment and/or final payment has been agreed before the end of the trip, but TVE expressly waives such a down payment or advance payment in the booking confirmation.

2.3. 
If the Customer does not make the down payment and/or the final payment in accordance with the agreed payment due dates, despite TVE being willing and able to properly provide the contractual services, having fulfilled its statutory duty to provide information and there being no statutory or contractual right of retention on the part of the Customer, TVE shall be entitled, after issuing a reminder setting a deadline, to withdraw from the package travel contract and to charge the Customer with the costs of withdrawal in accordance with section 5.  

3. Changes to the contents of the contract before the start of the trip that do not affect the price of the trip

3.1. 
Deviations of essential features of travel services from the agreed content of the package travel contract which become necessary after conclusion of the contract and were not caused by TVE in bad faith shall be permitted to TVE prior to commencement of the journey, insofar as the deviations are insignificant and do not impair the overall layout of the journey.

3.2. 
TVE shall be obliged to inform the Customer about changes in services on a permanent data carrier (e.g. also by e-mail, SMS or voice message) in a clear, comprehensible and highlighted manner immediately after becoming aware of the reason for the change.

3.3. 
In the event of a substantial change in a significant feature of a travel service or a deviation from special specifications of the Customer which have become part of the package travel contract, the Customer shall be entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period set by TVE at the same time as notification of the change[1]. If the Customer does not expressly declare withdrawal from the package travel contract to TVE within the period set by TVE, the change shall be deemed accepted.

3.4. 
Any warranty claims shall remain unaffected if the changed services are defective. If TVE incurred lower costs for the execution of the changed trip or a possibly offered substitute trip with the same quality at the same price, the difference shall be reimbursed to the Customer in accordance with Section 651m(2) BGB.  

4. Price increase, price reduction

4.1. TVE reserves the right, in accordance with Sections 651f, 651g BGB and the following provisions, to raise the price agreed in the package travel contract to the event of

a) an increase in the price of passenger transport due to higher fuel or other energy costs,

b) an increase in taxes and other charges on agreed travel services, such as tourist taxes, port or airport fees; or

c) a change in the exchange rates applicable to the package in question has a direct impact on the travel price.

4.2. 
An increase in the travel price shall only be permissible if TVE informs the traveller clearly and comprehensibly in text form of the price increase and its reasons and discloses to the traveller the calculation that led to the price increase.

4.3. The price increase is calculated as follows:

a) In the event of an increase in the price for the transport of passengers in accordance with 4.1a), TVE may increase the travel price in accordance with the following calculation: In the event of a seat-related increase, TVE 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 of the agreed means of transport. TVE may demand the resulting increase amount for the individual seat from the Customer.

b) In the event of an increase in taxes and other levies pursuant to 4.1b), the travel price may be increased by the corresponding pro rata amount.

c) In the event of an increase in exchange rates pursuant to 4.1c), the travel price may be increased to the extent that the travel has become more expensive for TVE as a result

4.4. 
TVE shall be obliged to grant the Customer/traveller a reduction in the travel price at their request if and to the extent that the prices, charges or exchange rates stated in 4.1 a) - c) have changed after conclusion of the contract and before commencement of the journey and this leads to lower costs for TVE. If the Customer/traveller has paid more than the amount owed hereunder, the excess amount shall be refunded by TVE. TVE may, however, deduct from the excess amount to be reimbursed the administrative expenditure actually incurred by TVE. At the request of the Customer/traveller, TVE shall provide proof of the amount of administrative expenses incurred.

4.5. 
Price increases are only permitted up to the 20th day before the beginning of the journey.

4.6. 
In the event of price increases of more than 8%, the Customer shall be entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period set by TVE at the same time as notification of the price increase. If the Customer does not expressly declare withdrawal from the package travel contract to TVE within the period set by TVE, the change shall be deemed accepted.  

5. Withdrawal by the Customer before commencement of travel/cancellation costs

5.1. 
The Customer can withdraw from the package travel contract at any time before the start of the journey. Withdrawal must be communicated to TVE at the address given above/below. If the trip has been booked through a travel agent, the withdrawal may also be made to the latter. The Customer is recommended to declare the withdrawal in text form.

5.2. 
If the Customer withdraws before the start of the journey or does not commence the journey, TVE shall lose its claim to the price of the journey. Instead, TVE may claim reasonable compensation if the withdrawal is not its fault or if unavoidable exceptional circumstances occur at or in the immediate vicinity of the place of destination which seriously affect the performance of the package or the transport of passengers to that place; circumstances are unavoidable and exceptional if they are not under the control of TVE and their consequences could not have been avoided even if all reasonable precautions had been taken.

5.3. 
TVE has determined the following lump sums for compensation, taking into account the period between the notice of withdrawal and the start of the journey and taking into account the expected savings on expenses and the expected revenues through other utilisations of the travel services. The compensation will be calculated according to the date of receipt of the notice of withdrawal as follows using the respective cancellation scale:                  

Days before arrival: 
10% up to 31st day                 
30% up to 21st day                 
60% up to 11th day                 
80% up to day of arrival                 
80% on arrival day                

5.4. 
In any event, the Customer shall be free to prove to TVE that TVE has suffered no loss at all or a substantially lower loss than the lump-sum compensation demanded by TVE.

5.5. 
TVE reserves the right to demand a higher, specifically quantified compensation instead of the lump sums above if TVE proves that TVE has incurred significantly higher expenses than the applicable lump sum. In this case, TVE shall be obliged to quantify and substantiate the claim for compensation taking into account the expenses saved and any other use of the travel services.

5.6. 
If TVE is obliged to refund the tour price as a result of a withdrawal, it shall make such payment immediately, but in any case within 14 days of receipt of the declaration of withdrawal.

5.7. 
The statutory right of the Customer to demand from TVE, in accordance with Section 651e BGB, by notification on a permanent data carrier that a third party takes its place in the rights and obligations arising from the package travel contract, remains unaffected by the above conditions. Such a declaration is submitted on time in any case, if it reaches TVE 7 days prior to departure.

5.8. 
It is strongly recommended that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness.  

6. Rebookings

6.1. 
After conclusion of the contract, the Customer is not entitled to any changes to the travel date, destination, place of departure, accommodation, type of catering, mode of transport or other services (rebooking). This does not apply if rebooking is necessary because TVE has provided the traveller with insufficient or incorrect pre-contractual information in accordance with Art. 250(3) EGBGB; in this case, rebooking is possible free of charge. If, in the remaining cases, a rebooking is nevertheless made at the Customer's request, TVE may charge the Customer a rebooking fee per traveller affected by the rebooking; this shall be subject to compliance with the following deadlines. Unless otherwise agreed in individual cases before the confirmation of the rebooking, the rebooking fee shall be €15.00 per affected traveller up to the time of commencement of the second cancellation scale of the respective travel type in accordance with the above provision in section 5.3.

6.2. 
Any rebooking requests by the Customer which are made after the expiry of the deadlines can only be carried out, insofar as their execution is possible at all, after withdrawal from the package travel contract in accordance with section 5 under the Terms and Conditions and simultaneous new registration. This does not apply to rebooking requests which only cause minor costs.  

7. Withdrawal due to failure to reach the required number of participants

7.1. TVE may withdraw from the contract in accordance with the following provisions if a minimum number of participants is not reached:

a) The minimum number of participants and the latest date of receipt by the Customer of TVE's withdrawal must be indicated in the relevant pre-contractual information

b) TVE shall state the minimum number of participants and the latest date for cancellation in the booking confirmation

c) TVE shall be obliged to declare the cancellation of the trip to the Customer without delay if it has been established that the trip will not be carried out because the minimum number of participants has not been reached.

d) A cancellation by TVE later than 5 days before the start of the journey is not permitted

7.2.  
If the trip is not carried out for this reason, the Customer will immediately be refunded payments made on the travel price; section 5.6 applies accordingly.      

8. Termination for reasons of conduct     

8.1. 
TVE may terminate the package travel contract without notice if the traveller, despite a warning from TVE, causes sustained disruption or behaves contrary to the contract to such an extent that the immediate termination of the contract is justified. This shall not apply if the conduct contrary to the contract is causally based on a breach of TVE's duty to provide information.

8.2. 
If TVE terminates the contract, TVE shall retain its entitlement to the travel price; however, TVE must deduct  the value of the saved expenses as well as those benefits which TVE obtains from any other use of the service not used, including the amounts credited by the service providers.  

9. Obligations of the Customer/traveller

9.1. Travel documents                 
The Customer must inform TVE or the travel agent through whom they have booked the package tour if they do not receive the necessary travel documents (e.g. train ticket, hotel voucher) within the period specified by TVE.

9.2. Notification of defects / request for remedy

a) If the journey is not free from deficiencies, the traveller may request redress.

b) Insofar as TVE was unable to remedy the situation as a result of a culpable failure to report the defect, the traveller may neither assert claims for a reduction of the purchase price pursuant to Section 651m BGB nor claims for damages pursuant to Section 651n BGB

c) The traveller shall be obliged to notify the local representative of TVE of any defects immediately. If there is no representative of TVE at the location and there is no contractual obligation for one to be present, any travel deficiencies on the part of TVE shall be brought to the attention of TVE at the contact point specified by TVE; the travel confirmation shall include information on the availability of the TVE representative or their contact point at the location. However, the traveller may also inform their travel agent who they booked the package tour through of the defects.

d) The TVE representative shall be responsible for remedying the situation where possible. However, they are not authorised to recognise claims.

9.3. Setting a deadline before termination                
If the Customer/traveller wishes to terminate the package travel contract in accordance with Section 651i (2) BGB due to a deficiency in travel of the type described in Section 651l BGB, insofar as it is substantial, they must first set TVE a reasonable deadline for remedial action. This shall only not apply if the remedy is refused by TVE or if immediate remedy is necessary.  

10. Limitation of liability


10.1. 
TVE's contractual liability for damage not resulting from injury to life, limb or health and not culpably caused shall be limited to three times the travel price. Any further claims under the Montreal Convention or the Air Traffic Act shall remain unaffected by this limitation of liability.

10.2. 
TVE shall not be liable for disruptions to services, personal injury and damage to property in connection with services which are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions) if these services have been expressly and clearly identified as third-party services in the travel advertisement and the booking confirmation, stating the identity and address of the brokered contractual partner, in such a way that they are recognisable to the traveller as part of TVE's package tour and have been selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.                 
TVE shall, however, be liable if and to the extent that a breach of TVE's duties to notify, inform or organise has become the cause of damage to the traveller.  

11. Assertion of claims, addressee claims 
Pursuant to Section 651i (3) no. 2, 4-7 BGB, the Customer/traveller must assert these against TVE. They can also be asserted through the travel agent if the package tour was booked through this travel agent. It is recommended to assert such claims in text form.  

12. Alternative dispute resolution, choice of law and place of jurisdiction

12.1. 
TVE points out with regard to the Act on Alternative Dispute Resolution in Consumer Matters that TVE does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for TVE after the printing of these travel conditions, TVE shall inform consumers thereof in an appropriate manner. TVE refers to the European online dispute resolution platform ec.europa.eu/consumers/odr/  for all travel contracts concluded in electronic legal transactions.

12.2. 
For Customers/travellers who are not citizens of a member state of the European Union or Swiss citizens, the exclusive validity of German law shall be agreed for the entire legal and contractual relationship between the Customer/traveller and TVE. Such Customers/travellers may only file a suit against TVE at its registered office.

12.3. 
The place of jurisdiction for actions filed by TVE against Customers or contractual partners of the package travel contract who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad, or whose place of residence or habitual abode is unknown at the time the action is filed, shall be the registered office of TVE.                 

© These travel conditions are protected by copyright; Deutscher Tourismusverband e.V. and Noll & Hütten Rechtsanwälte, Stuttgart | Munich, 2018

The tour operator is: Tourismusverband Erzgebirge e.V. Managing Director: Ines Hanisch-Lupaschko, Chemnitz District Court VR 4227, Adam-Ries-Str. 16, 09456 Annaberg Buchholz, Tel. +49 (0) 3733 188 00-0, Fax +49 (0) 3733 188 00-20, info@erzgbirge-tourismus.de, Latest version: June 2018    

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