{"id":134,"date":"2020-05-25T13:19:49","date_gmt":"2020-05-25T13:19:49","guid":{"rendered":"http:\/\/naturerholt.de\/?page_id=134"},"modified":"2024-11-04T10:56:18","modified_gmt":"2024-11-04T10:56:18","slug":"reisebedingungen","status":"publish","type":"page","link":"https:\/\/naturerholt.de\/en\/reisebedingungen\/","title":{"rendered":"Travel conditions"},"content":{"rendered":"

Travel conditions for package deals<\/h3>\n\n\n\n

Dear traveler,<\/p>\n\n\n\n

We kindly ask you to read the following travel conditions carefully. To the extent they are validly agreed upon, these travel conditions will become part of the package tour contract concluded between the traveler, hereinafter referred to as \u201etraveler,\u201c and the respective provider of the package offer, hereinafter abbreviated as \u201eRV,\u201c acting as the tour operator. They supplement the legal provisions of \u00a7\u00a7 651a \u2013 y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB). These travel conditions apply exclusively to the RV's package tours. They do not apply to the mediation of third-party services (such as guided tours and admission tickets) and not to contracts for accommodation services or their mediation.<\/p>\n\n\n\n

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  1. \n
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    1. Tourism Marketing Baden-W\u00fcrttemberg GmbH<\/strong>
      1. Die Heilb\u00e4der und Kurorte Marketing Baden W\u00fcrttemberg GmbH \u2013 hereinafter \u201eHKM\u201c \u2013 shall exclusively hold the position of publisher or, in the case of internet portals, operator of the respective portal. HKM is not the tour operator of the offered package deals, to the extent that it does not give the impression of providing a combination of travel services for which it is responsible.

      2. Subject to legal provisions on HKM's liability as or like a tour operator under Sections 651b, 651c, 651w, and 651y of the German Civil Code (BGB), the following applies:

      3. The HKM is not the tour operator of the package tours offered, unless the offers of travel services establish a position as tour operator according to the principles of \u00a7\u00a7 651a ff. BGB.

      4. The contractual partners and tour operators for the respective offers are the providers expressly designated as tour operators in the offers. For wellness packages, the providers and tour operators are, unless otherwise expressly stated, the respective commercial accommodation establishments (hotels).

      2. Conclusion of the travel contract, traveler's obligations; notice of the right of withdrawal<\/strong>
      1. Applies to all booking channels:

      \u2013 The basis for the tour operator's offer and the traveler's booking are the travel description and the supplementary information from the tour operator for the respective trip, provided these were available to the traveler at the time of booking.

      If the content of the tour operator's booking confirmation deviates from the content of the booking, this constitutes a new offer from the tour operator, to which the tour operator is bound for a period of 7 days. The contract is concluded on the basis of this new offer, provided that the tour operator has pointed out the change regarding the new offer and has fulfilled its pre-contractual information obligations, and the traveler declares acceptance of the new offer by explicit declaration or deposit within the binding period.

      \u2013 The pre-contractual information provided by the tour operator regarding essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants, and the cancellation fees (pursuant to Article 250 \u00a7 3 Number 1, 3 to 5, and 7 of the EGBGB) will only become part of the package travel contract if this is expressly agreed upon between the parties.

      The traveler is liable for all contractual obligations of fellow travelers for whom they make the booking, as if they were their own, provided that the traveler has explicitly and separately assumed such an obligation.

      \u2013 The RV points out that according to legal regulations (\u00a7 312 para. 7 BGB), there is no right of withdrawal for package travel contracts under \u00a7 651a and \u00a7 651c BGB that were concluded via distance selling (letters, catalogs, phone calls, faxes, emails, messages sent via mobile communication services [SMS], as well as radio, telemedia, and online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal according to \u00a7 651h BGB (see also section 5 of these travel conditions). However, a right of withdrawal does exist if the contract for travel services under \u00a7 651a BGB was concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted at the prior request of the consumer; in the latter case, there is also no right of withdrawal.


      2. For bookings made verbally, by phone, in writing, by email, SMS, or fax, the following applies:

      \u2013 By booking, the traveler makes a binding offer to the tour operator to conclude the package travel contract. The traveler is bound by the booking for three working days.

      The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) by RV. At or immediately after the conclusion of the contract, RV shall send the traveler a travel confirmation on a durable medium (which allows the traveler to store or save the declaration unchanged so that it is accessible to him within a reasonable period of time, e.g. on paper or by email) that corresponds to the legal requirements for its content, unless the traveler is entitled to a travel confirmation in paper form according to Art. 250 \u00a7 6 para. (1) sentence 2 EGBGB because the contract was concluded in the simultaneous physical presence of both parties or outside of business premises.

      \u2013 If the tour operator makes a special offer at the traveler's request, then, notwithstanding the foregoing provisions, this constitutes a binding contractual offer from the tour operator to the traveler. In this case, the contract is concluded, without the need for corresponding reconfirmation from the tour operator (which, however, typically occurs), if the customer traveler accepts this offer within any specified period without restrictions, changes, or additions, by explicit declaration, down payment, final payment, or utilization of the travel services.

      3. For bookings made through electronic commerce (e.g., internet, app, telemedia), the following applies to the conclusion of the contract:

      The traveler is explained the electronic booking process in the RV's respective application.

      \u2013 The traveler has a corresponding correction option available to correct their entries, delete them, or reset the entire booking form, the use of which is explained.

      The contract languages offered for online booking are indicated. Only the German language is legally binding.

      To the extent that the contract text is stored by RV in the online booking system, the traveler will be informed about this and about the possibility of retrieving the contract text at a later date.

      \u2013 By clicking the \u201eBook now\u201c button, the traveler definitively offers to conclude the package travel contract with RV. The traveler is bound by this contract offer for three working days from the dispatch of the electronic declaration.

      The traveler will receive immediate electronic confirmation of their booking.

      \u2013 Submission of the booking by pressing the \u201ebook with obligation to pay\u201c button does not create a right for the traveler to have a package travel contract concluded according to their booking details. The tour operator is rather free to decide whether or not to accept the traveler's offer of contract.

      The contract is concluded upon the traveler's receipt of the travel confirmation from RV.

      - If the travel confirmation is issued immediately after the traveler makes the booking by clicking the \u201ebook with obligation to pay\u201c button, by displaying the travel confirmation directly on the screen (real-time booking), the package travel contract is concluded upon receipt and display of this travel confirmation on the traveler's screen, without requiring an interim notification of the receipt of their booking, provided that the traveler is offered the option to save it on a durable data carrier and to print it out. However, the binding nature of the package travel contract is not dependent on the traveler actually using these options for saving or printing. RV will also send the traveler a copy of the travel confirmation in text form.

      3. Services<\/strong>
      The services owed by the tour operator arise exclusively from the content of the booking confirmation in conjunction with the underlying offer description of the respective package deal and according to all information and explanations contained in the booking basis.

      4. Payment<\/strong>
      1. Tour operators and travel agents may only demand or accept payments of the travel price before the end of a package holiday if a valid insolvency protection contract exists and the traveler has been provided with the proof of insolvency protection, including the name and contact details of the insolvency insurer, in a clear, understandable, and prominent manner. After the contract is concluded (receipt of the booking confirmation or acceptance of an offer by the tour operator), a deposit is to be paid upon handover of the proof of insolvency protection, which will be credited towards the travel price. Unless otherwise agreed in individual cases, this deposit amounts to 20 % of the travel price.

      2. The remaining payment is due 30 days before the start of the trip, provided that the security certificate has been handed over and it is established that the trip can no longer be canceled for the reasons mentioned in section 7, unless a different payment date has been agreed upon in individual cases. For bookings made less than 30 days before the start of the trip, the entire travel price is due immediately.

      3. Deviating from the regulations in Section 4.2, the handover of a security certificate is not required as a prerequisite for payment becoming due if the package tour does not include transportation to the place of performance of the travel services and\/or back, and if it has been agreed, deviating from Section 4.1, and noted in the booking confirmation, that the entire tour price is due for payment without prior deposit after the package tour has ended, at the end of the stay.

      4. If the traveler does not make the deposit and\/or final payment by the agreed due dates, although RV is ready and able to properly perform the contractual services, has fulfilled its legal information obligations, and the traveler has no legal or contractual right of retention, RV is entitled to withdraw from the package travel contract after a reminder with a deadline and after the deadline has expired, and to charge the traveler with cancellation fees in accordance with clause 5.

      5. Cancellation by the traveler<\/strong>
      1. The traveler may withdraw from the package travel contract at any time before the start of the trip. The withdrawal must be declared to the tour operator. If the trip was booked through a travel agent, the withdrawal can also be declared to them. The customer is advised to declare the withdrawal in text form. The receipt of the declaration of withdrawal by the tour operator is decisive.

      2. If the traveler cancels the trip before it begins or fails to start the trip, the tour operator forfeits the claim to the tour price. Instead, the tour operator may demand reasonable compensation insofar as the cancellation is not his responsibility. The tour operator cannot demand compensation if unavoidable, extraordinary circumstances arise at the destination or in its immediate vicinity that significantly impair the performance of the package tour or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are not under the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.

      3. RV has determined the following cancellation fees taking into account the period between the declaration of withdrawal and the start of the trip, as well as the expected savings on expenses and the expected income from other uses of the travel services. The compensation will be calculated according to the time of receipt of the declaration of withdrawal as follows with the respective cancellation tier:
      \u2013 up to 31 days before departure 10 % of the travel price
      \u2013 from 30 to 21 days before the start of the trip 20 % of the travel price
      \u2013 vom 20. bis zum 12. Tag vor Reisebeginn 40 % des Reisepreises
      \u2013 from 11 to 3 days before travel 60%
      \u2013 from the 3rd day before departure and in case of no-show 90 % of the travel price

      4. Purchasing travel cancellation insurance, as well as insurance to cover repatriation costs in case of accident or illness, is strongly recommended.

      5. In any case, the traveler is at liberty to prove to RV that RV incurred no damage at all or substantially lower damage than the compensation flat rate demanded by RV.

      6. A lump sum compensation pursuant to clause 5.3 shall be deemed not to have been fixed and agreed if the RV proves that it incurred substantially higher expenses than the calculated amount of the lump sum in accordance with clause 5.3. In this case, the RV shall be obligated to quantify and justify the requested compensation, taking into account the expenses saved and the acquisition of any alternative use of the travel services.

      7. If the travel provider is obliged to refund the travel price due to withdrawal, \u00a7 651h para. 5 BGB remains unaffected.

      8. The customer's statutory right, under \u00a7 651 e BGB, to demand from the tour operator, by notification on a durable medium, that a third party take over the rights and obligations arising from the package travel contract in his place, remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by the tour operator 7 days before the start of the trip.

      9. It is strongly recommended to take out travel cancellation insurance as well as insurance to cover repatriation costs in case of accident or illness.

      6. Traveler's Obligations<\/strong>
      1. Travel documents: The traveler must inform the tour operator (RV) or their travel agent, through whom they booked the package tour, if the traveler does not receive the necessary travel documents (e.g., hotel voucher, other vouchers) within the timeframe communicated by the tour operator (RV).

      2. Notice of Defects \/ Demand for Rectification

      \u2013 If the trip is not provided free of travel defects, the traveler may demand remedial action.

      If the tour operator could not provide a remedy due to a culpable omission in notifying the defect, the traveler cannot assert claims for reduction in price under Section 651m of the German Civil Code (BGB) or claims for damages under Section 651n of the German Civil Code (BGB).

      \u2013 The traveler is obliged to immediately inform the local representative of RV of any defects. If no local RV representative is available and not contractually owed, any travel defects must be reported to RV at the contact point provided by RV. The traveler will be informed about the availability of the RV representative or their local contact point in the travel confirmation. However, the traveler may also report the defects to their travel agent through whom they booked the package tour.

      The RV representative is authorized to provide a remedy, if possible. However, they are not authorized to acknowledge claims.

      3. Setting a deadline before termination: If the traveler wishes to terminate the package travel contract due to a travel defect of the type referred to in \u00a7 651i (2) of the German Civil Code (BGB), provided it is significant, according to \u00a7 651l BGB, the tour operator must first set a reasonable deadline for remedy. This does not apply if the tour operator refuses to provide a remedy or if immediate remedy is necessary.

      7. Special Obligations of the Traveler for Package Deals with Medical Services, Curative Treatments, and Wellness Offers<\/strong>
      1. For package deals that include medical services, spa treatments, wellness offers, or comparable services, it is the traveler's responsibility to inform themselves before booking, before the start of the trip, and before taking advantage of the services, whether the corresponding treatments or services are suitable for them, taking into account their personal health disposition, especially any pre-existing conditions or illnesses.
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      2. The tour operator does not owe any special medical information or instruction regarding the consequences, risks, and side effects of such services, particularly tailored to the respective traveler, without an express agreement.
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      3. The foregoing provisions shall apply regardless of whether the tour operator is merely an intermediary for such services or whether they are part of the travel services.

      8. Limitation of Liability<\/strong>
      RV's contractual liability for damages not resulting from injury to life, body, or health, and not caused by fault, is limited to three times the travel price.

      2. RV shall not be liable for service disruptions, personal injury, or property damage in connection with services that are merely brokered as third-party services (e.g., brokered excursions, sporting events, theater visits, exhibitions) if these services have been clearly identified as third-party services in the respective service description and booking confirmation, including the identity and address of the brokered contractual partner, in such a way that they are recognizable to the traveler as not being part of RV's package tour, and furthermore, the conditions of \u00a7\u00a7 651b, 651c, 651w, and 651y of the German Civil Code (BGB) have been duly met.

      3. However, the tour operator shall be liable if and to the extent that the breach of the tour operator's duties to inform, advise, or organize has caused damage to the traveler.

      9. Withdrawal of the tour operator due to not reaching the minimum number of participants<\/strong>
      RV may withdraw from the travel contract if the travel description for the respective trip indicates a minimum number of participants and this minimum is not reached, up to 4 weeks before the start of the trip.

      2. The minimum number of participants and the latest possible time for RV to receive the customer's declaration of withdrawal must be stated in the respective pre-contractual information, or reference must be made to the corresponding details in the travel advertisement.

      RV must state the minimum number of participants and the latest cancellation deadline in the booking confirmation.

      4. The tour operator is obligated to inform the customer immediately if it is determined that the tour will not take place due to a failure to meet the minimum number of participants.

      Rescission of a travel contract after the final payment has become due is not permissible, irrespective of the deadlines in Section 651h, Paragraph 4, Number 1.

      6. If it becomes apparent before the expiry of the period specified in clause 9.1 that the trip will not take place, the RV shall be obliged to declare the withdrawal immediately.

      7. In the event of withdrawal by the tour operator due to the advertised minimum number of participants not being reached, the traveler may demand participation in an equivalent alternative tour, provided the tour operator is able to offer such a tour from its portfolio at no additional cost. The traveler must assert this right to the tour operator immediately after being informed by the tour operator about the cancellation of the tour.

      8. In the event of withdrawal due to failure to reach the minimum number of participants, the traveler will receive prompt and full reimbursement of payments made for the travel price, Section 5.6 shall apply accordingly.

      10. Unused benefits<\/strong>
      If the traveler does not use individual travel services, for the proper performance of which the tour operator was ready and able, for reasons attributable to the traveler (e.g., early departure, illness, etc.), they shall have no claim to a pro-rata refund of the travel price, insofar as such reasons would not have entitled them to free withdrawal or termination of the travel contract under statutory provisions. However, the tour operator will endeavor to obtain a refund from the service provider, unless the amounts are of negligible importance, and will repay such amounts to the traveler as soon as and to the extent that they have actually been refunded by the individual service providers to the tour operator.

      11. Assertion of Claims; Addressee<\/strong>
      Claims under \u00a7 651i (3) no. 2, 4-7 of the German Civil Code (BGB) must be asserted by the customer\/traveler against the tour operator. Assertion can also be made through the travel agent if the package tour was booked through this travel agent. The contractual claims listed in \u00a7 651i (3) BGB become time-barred in two years. The statute of limitations begins on the day the trip should have ended according to the contract. Assertion in text form is recommended.

      12. Special Regulations in Connection with Pandemics (especially the Coronavirus)<\/strong>
      The parties agree that the agreed-upon travel services shall always be provided by the respective service providers in compliance with and in accordance with the official requirements and regulations in force at the time of travel.

      2. The traveler agrees to observe the appropriate usage rules or restrictions of the service providers when availing of travel services and to immediately notify the tour operator and the service provider in the event of typical symptoms of illness occurring.

      3. The traveler's rights under Section 651i of the German Civil Code (BGB) remain unaffected by the foregoing regulations.

      13. Choice of Law and Jurisdiction; Consumer Dispute Resolution Information<\/strong>
      1. With regard to the Consumer Dispute Resolution Act, the tour operator points out that the tour operator does not participate in voluntary consumer dispute resolution. Should consumer dispute resolution become mandatory for the tour operator after these travel conditions have gone to print, the tour operator will inform consumers of this in an appropriate manner. For all travel contracts concluded by electronic means, the tour operator refers to the European Online Dispute Resolution platform at https:\/\/ec.europa.eu\/consumers\/odr\/.

      2. For travelers who are not nationals of a member state of the European Union or citizens of Switzerland, the exclusive application of German law is agreed upon for the entire legal and contractual relationship between the traveler and the RV. Such travelers may sue the RV exclusively at the RV's place of business.

      3. For lawsuits filed by the tour operator against travelers or contractual partners of the package tour agreement who are merchants, legal entities under public or private law, or persons who have their domicile or habitual residence abroad or whose domicile or habitual residence is unknown at the time of filing the lawsuit, the place of jurisdiction shall be the registered office of the tour operator.
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      \u00a9 Copyright; TourLawNoll | H\u00fctten | Dukic Lawyers<\/a>, Stuttgart | Munich 2024<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n\n\n

      <\/p>\n\n\n\n

      <\/p>","protected":false},"excerpt":{"rendered":"

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