Travel conditions of Hamburg Tourismus GmbH
For travel customers who booked between August 17, 2020 and January 31, 2021
Dear Visitor to Hamburg,
The following conditions shall, once effectively agreed, be part of the contents of the travel contract between the customer and the travel organizer. These conditions shall serve to supplement and complete the legal regulations of Sections 651a - y of the German Civil Code [Bürgerliches Gesetzbuch, BGB] and Articles 250 & 252 of the Introductory Act to the German Civil Code [Einführungsgesetz zum BGB, EGBGB].
1. Travel Contract Conclusion / Obligations of Fellow Travelers
1.1 For all booking methods (e.g., online, by telephone, etc.):
a) The basis of this offer is the travel description and the supplementary information of the travel organizer for the respective trip if available to the customer during booking.
b) The customer shall be responsible for any travel obligations of travelers for whom he makes bookings, as well as for his own, if the customer assumed these obligations through an express and separate declaration.
c) If the contents of the travel organizer's travel confirmation differ from the contents of the booking, this will represent a new offer by the travel organizer to which he will be bound for 10 days. The contract shall be concluded on the basis of this new offer if the travel organizer noted the changes for the new offer and completed the pre-contractual obligations to provide information and if the customer declares his acceptance to the travel organizer through an express declaration or down payment during the binding period.
d) The pre-contractual information provided by the organizer on the essential features of the travel service, the travel price and any additional costs, the payment modalities, the minimum number of participants and the cancellation fees (in accordance with Article 250 Section 3 Numbers 1, 3 - 5 & 7 of the Introductory Act to the German Civil Code) will only not be part of the travel contract if expressly agreed between the parties.
1.2 For bookings made orally, by telephone, in writing, by email or by fax:
a) By making a booking (travel registration), the customer bindingly offers the conclusion of a travel contract to the travel organizer.
b) The contract shall be concluded upon receipt of the travel confirmation by the travel organizer. During or directly after contract conclusion, the travel organizer will send a travel confirmation in accordance with legal requirements to the customer on a permanent data carrier (that will allow the customer to store or save the declaration unchanged so that it will be accessible to him for an appropriate period, e.g., on paper or by email), unless the traveler is entitled to travel confirmation in paper form under Article 250 Section 6(1) Sentence 2 of the Introductory Act to the German Civil Code because the contract was concluded when both parties were physically present or outside of their business premises.
1.3 During contract conclusion for bookings via electronic transactions (e.g., Internet, apps):
a) The electronic booking process in the respective application will be explained to the customer.
b) Correction options whose use shall be explained are available to the customer to correct his entries and to delete or reset the entire booking form.
c) The contract language offered in order to carry out the electronic booking are stated.
d) If the contract text is saved by the travel organizer, the customer shall be informed about this and about the options for subsequent retrieval of the contract text.
e) By activating the "Book Now" button, the customer offers the binding conclusion of a travel contract to the travel organizer.
f) Receipt of his travel registration shall be confirmed to the customer electronically without delay (confirmation of receipt).
g) The submission of travel registration by activating the button shall not establish claims of the customer to the conclusion of a contract.
h) A contract shall only be concluded following the receipt of the travel organizer's travel confirmation by the customer on a permanent data carrier. If travel confirmation is sent through an according display on the screen immediately after activation of the "Book Now" button, the travel contract shall be established when this display appears. In such cases, no interim notice about the receipt of a booking in accordance with Letter f) above shall be required if a saving option on a permanent data carrier and a printing option is offered to the customer. However, whether the travel contract is binding shall not depend on whether the client uses these saving or printing options.
1.4 The travel organizer notes that, under the legal requirements (Sections 312(7) & 312g(2) Sentence 1 Number 9 of the German Civil Code), no revocation rights exist for travel contracts concluded through distance selling (letters, catalogs, telephone calls, faxes, emails, text messages or broadcasts, telemedia or online services) under Sections 651a & 651c of the German Civil Code, but merely legal withdrawal and termination rights, especially the withdrawal rights under Section 651h of the German Civil Code (see also Section 5). However, revocation rights exist if the contract for travel services under Section 651a of the German Civil Code is concluded outside of the parties' business premises, unless the oral negotiations on which contract the conclusion is based were held by prior request of the consumer. In the latter case, no revocation rights exist.
2.1 The travel organizer and the travel broker may only request payment for the travel price before a trip ends if an effective customer finance guarantor contract exists and if the guarantee certificate was provided to the customer with the name and contact details of the customer finance guarantor in a clear, understandable and emphasized manner. Following contract conclusion, 20% of the travel price will be due after the handover of the guarantee certificate. The remaining amount will be due 21 days before the trip starts if the guarantee certificate is handed over and the withdrawal rights of the travel organizer can no longer be exercised for the reasons in Section 7.
2.2 If the customer fails to provide the down payment and/or remaining payments by the agreed due dates, even though the travel organizer is ready and able to properly perform the contractual services and fulfilled his obligations to provide information and even though the customer has no legal or contractual rights of retention, the travel organizer may, following notice and grace period, withdraw from the travel contract and charge the withdrawal costs to the customer in accordance with Section 4.2 Sentence 2 - Section 4.7.
3. Non-Travel Price-Related Changes to Contract Contents Prior to Travel Start
3.1 The travel organizer may, if required, change essential characteristics of travel services from the agreed contents of the travel contract after contract conclusion if they are implemented by the travel organizer in good faith and are necessary for preventing impairments to the overall trip.
3.2 The travel organizer must notify the customer about service changes without delay via a permanent data carrier (e.g., email) in a clear, understandable and emphasized manner upon learning of the reason for the change.
3.3 In case of significant changes to an essential characteristic of a travel service or deviations from specifications of the customer that have become part of the contents of the travel contract, the customer may, within an appropriate period set by the travel organizer when announcing the changes,
• Either accept the changes
• Or withdraw from the travel contract free of charge
• Or demand participation in a replacement trip if offered by the travel organizer
The customer is free to choose whether to respond to the travel organizer's announcement. If the customer responds to the travel organizer, he may agree to the contractual changes, demand participation in replacement trip, if offered, or withdraw from the contract free of charge.
If the customer does not respond to the travel agent or does not respond within the set period, the announced changes shall be considered to have been accepted.
This must be noted to the customer in a clear, understandable and emphasized manner in accordance with Section 3.2.
3.4 Any guarantee claims shall remain unaffected if the changed services display insufficiencies. If the travel organizer's costs for the changed or replacement trip are lower despite providing the same features, the customer must be refunded for this difference in accordance with Section 651m(2) of the German Civil Code.
4. Withdrawal By The Customer Prior to Start of Trip / Withdrawal Costs
4.1 The customer may withdraw from the travel contract at any time prior to the start of the trip. Withdrawals must be issued to the travel organizer. If the trip was booked through a travel agent, withdrawals may also be issued through the travel agent. The customer is recommended to declare his withdrawal on a permanent data carrier.
4.2 If the customer withdraws from the contract prior to the travel start or if he does not participate in the trip, the travel organizer will lose his claim to the travel price. In such cases, the tour operator can demand appropriate compensation in the event of a withdrawal from the 14th day before arrival if he is not responsible for the withdrawal or in case of extraordinary circumstances at the destination or in its direct vicinity that significantly impair the trip or transportation at the destination. Circumstances shall be unpreventable or extraordinary if they are not subject to the travel organizer's control and if their consequences could not have been prevented even if all reasonable measures are taken. If the customer withdraws up to the 15th day before arrival, the tour operator is not entitled to any compensation.
4.3 Has the tour operator acc. Clause 4.2 a claim for compensation, the amount of the compensation is determined by the travel price minus what the travel organizer earns through other use of the travel services which must be explained by the travel organizer if requested by the customer. The travel organizer determined the following compensation rates in consideration of the time between the withdrawal declaration and the travel start and in consideration of the expected savings of expenses and of the expected earnings through other use of the travel service. Compensation is determined as follows upon receipt of the withdrawal declaration.
The travel organizer may charge compensation as follows and as stated in Sections 4.4 & 4.5:
- 0% Until the 15th day before arrival
- 40% Between the 14th and the 7th day before arrival
- 60% Between the 6th and the 1st day before arrival
- 80% On the day of arrival
of the travel price. The travel price is the total amount stated on the reservation confirmation/invoice minus premiums for any insurance coverage that may have been concluded when booking the trip. Insurance premiums must also be paid in full in case of withdrawal.
4.4 Has the tour operator acc. Section 4.2 a claim for compensation amounts to be traveling by train at the ticket price stated in the travel description, the withdrawal fee will be 100% of the ticket price if the customer does not return the tickets or returns used tickets to the travel organizer. If the customer did not yet receive tickets or if the customer unexpectedly returns unused tickets (received by the travel organizer prior to the ticket's first validity date), the withdrawal fee will be 10% of the ticket price. In such cases, the percentage rates in Section 4.3 shall apply to the remaining travel price (i.e., to the travel price minus the ticket price and minus the price for any booked tickets (Section 4.5)).
4.5 Has the tour operator acc. Section 4.2 a claim for compensation amounts to be bookings that include ticket prices for musicals, opera, theater, bus travel, ship charters or any other events stated in the travel description, the withdrawal fee will be 100% of the ticket price, irrespective of the withdrawal date. The percentage rates in Section 4.3 apply to the remaining travel price (i.e., the travel price minus the ticket price and minus the price for any booked arrival by train (Section 4.4)).
4.6 In any case, the customer may prove that the appropriate compensation to which the travel organizer is entitled is significantly lower than the demanded compensation rate.
4.7 The travel organizer reserves the right to demand greater individually calculated compensation instead of the above-stated compensation rates if the travel organizer proves that he incurred significantly greater expenses than the respectively applicable compensation rate. In such cases, the travel organizer must specifically state and explain his demanded compensation in consideration of the expenses saved and minus what he earns through other use of the travel services.
4.8 If the travel organizer must refund the travel price because of a withdrawal, he must refund the travel price within 14 days of receipt of the withdrawal declaration.
4.9 The legal right of the customer under Section 651e of the German Civil Code to demand to have a third party assume the rights and obligations of the customer under the travel contract from the travel organizer through notice on a permanent data carrier shall remain unaffected by the above-stated condition. Such a declaration shall be submitted on time of it is received by the travel organizer 7 days before the travel start.
5.1 After contract conclusion, the customer shall have no claim to changes to the travel date, the travel destination, the departure point, the accommodation or the means of transportation (rebooking). However, this does not apply if rebooking is necessary because the travel organizer provided no, insufficient or incorrect pre-contractual information under Article 250 Section 3 of the Introductory Act to the German Civil Code to the traveler. In such cases, rebooking is possible free of charge.
If a rebooking (if available) is made in the remaining cases on the customer's request, the travel organizer may charge a rebooking fee to be determined as follows:
Until the 22nd day before arrival, €20 per person. For ordered tickets to events, the rebooking fee will include the full ticket price. However, if the travel organizer is able to sell the tickets to a third party, the customer will receive the ticket price achieved through the sale minus a processing fee of 10%.
In any other case, you may prove that the travel organizer incurred no or significantly lower damages through the rebooking than the fee demanded of you. In such cases, you will be required to pay the lower costs (or, if no damages occurred, no costs).
5.2 Customer rebooking requests after expiration of the periods stated in Section 5.1 may only be fulfilled, if even possible, after withdrawal from the travel contract in accordance with Section 4 of these conditions and with simultaneous re-registration. However, this shall not apply to rebooking wishes that merely result in minimal costs.
6. Unutilized Services
If the traveler does not utilize individual travel services that the travel organizer was ready and able to contractually perform for reasons for which the traveler is responsible, the traveler shall not be entitled to refunds of the travel price if these reasons do not allow the traveler by law to withdraw from the contract free of charge or to terminate the contract. The travel organizer will try to have the saved expenses refunded by the service providers. However, this obligation shall not apply to completely insignificant expenses.
7. Withdrawal Due to Non-Achievement of a Minimum Number of Participants
7.1 The travel organizer may only withdraw from the travel contract due to non-achievement of a minimum number of participants if he
a) States in the pre-contractual explanation the minimum number of participants and the date by when the customer's declaration must be received before the contractual travel start and
b) States in the travel confirmation the minimum number of participants and the latest withdrawal date.
Withdrawal must be declared to the customer by the date stated to the customer in the pre-contractual explanation and in the travel confirmation.
If it becomes foreseeable at an earlier date that the minimum number of participants cannot be reached, the travel organizer must exercise his withdrawal rights without delay.
7.2 If the trip is not performed for this reason, the travel organizer must refund any payments of the customer for the travel price without delay within 14 days of receipt of the withdrawal declaration.
8. Termination Due to Misconduct
The travel organizer may terminate the travel contract without notice if the traveler, despite notice, is repeatedly disruptive or acts in violation of the contract in a manner that justifies its immediate termination. However, this shall not apply if the non-contractual conduct is due to failure of the travel organizer to fulfill his obligations to provide information. In case of termination by the travel organizer, the travel organizer shall remain entitled to the travel price. However, the value of any saved expenses and any benefits the travel organizer obtains from other non-utilization of the service, including the refunds received from the service providers, must be offset from the travel price.
9. Cooperation Duties of The Traveler
9.1 Travel Documents
The customer must notify the travel organizer or the travel agent through whom he booked the trip if he does not receive the required travel documents (e.g., hotel vouchers) by the date stated by the travel organizer.
9.2 Insufficiency Reports / Compensation Demands
If the trip is not performed without insufficiencies, the traveler may demand compensation.
If the travel organizer is unable to remedy a situation due to a culpable failure to report the insufficiencies, the traveler may not assert reduction claims under Section 651m of the German Civil Code or the damage compensation claims under Section 651n of the German Civil Code.
The traveler must report any insufficiencies to the travel organizer's representative on site without delay. If no representative of the travel organizer is available on site and not owed contractually, any insufficiencies of the trip must be reported to the travel organizer by telephone at +49(0)40/30051-300 (Mo-Sa from 9 AM to 7 PM) or to the Tourist Information at the Hamburg Hauptbahnhof (Mo-Sa from 9 AM to 7 PM, Sundays and holidays from 10 AM to 6 PM). The availability of and ways in which the travel organizer's representative can be contacted on site are explained in the travel confirmation. However, the traveler may also report insufficiencies to the travel agent through whom he booked the trip.
The travel organizer's representative is tasked with providing remedies where possible. However, he is not authorized to recognize claims.
9.3 Setting Deadlines Prior to Termination
If a customer/traveler wishes to terminate the travel contract due to travel insufficiencies of the kind described in Section 651i(2) of the German Civil Code or, if significant, under Section 651l of the German Civil Code, he must first set an appropriate grace period for the travel organizer to provide compensation. However, this shall only not apply if the travel organizer refuses to provide compensation or if immediate relief is required.
10. Liability Limitation
10.1 Contractual liability of the travel organizer for damages that are not bodily injuries and were not caused culpably is limited to three times the travel price. Possible further claims under international agreements or legal regulations based on them shall remain unaffected by this limitation.
10.2 The travel organizer shall only be liable for service disruptions, personal and material damages related to services merely brokered as external services (e.g., brokered trips, sports events, theater visits, exhibitions) if these services are expressly stated as external services clearly in the travel description and travel confirmation and include the identity and address of the brokered contract partner so that they are recognizable to the traveler as not being part of the travel organizer's trip and are selected separately. Sections 651b, 651c, 651w & 651y of the German Civil Code shall remain unaffected.
However, the travel organizer is liable if and insofar as damages are caused to the traveler due to violations of notice, explanation or organizational obligations of the travel organizer.
11. Claims Assertion: Recipient, Consumer Arbitration
11.1 The customer/traveler must assert any claims under Section 651i(3) Numbers 2 & 4 - 7 of the German Civil Code against the travel organizer. Such claims may also be asserted against the travel agent if the travels were booked through the travel agent. Assertion through a permanent data carrier is recommended.
11.2 Regarding consumer arbitration law, the travel organizer states that he will not participate in any voluntary consumer arbitration proceedings. For any travel contracts concluded through electronic legal transactions, the travel organizer refers to the European Online Dispute Resolution platform: ec.europa.eu/consumers/odr/.
12. Passport, Visa and Health Regulations
12.1 The travel agent will inform the customer/traveler about general passport and visa requirements and regulatory health formalities of the destination country, including the approximate periods for the obtainment of any visas that may be required, and about any changes prior to contract conclusion.
12.2 The customer/traveler is responsible for obtaining and carrying any officially required travel documents, any required vaccinations and adherence to customs and exchange regulations. Disadvantages due to non-compliance with these regulations, e.g., withdrawal cost payments, shall be borne by the customer/traveler. However, this does not apply if the travel organizer provided no, insufficient or incorrect information.
12.3 The travel organizer shall not be liable for the granting of or access to required visas by the respective diplomatic representation in time if the customer commissioned the travel organizer with their obtainment, unless the travel organizer violates his own obligations.
Hamburg Tourismus GmbH
Wexstraße 7, 20355 Hamburg
Hamburg Commercial Register: HRB 24469
As of: 17/08/2020