Travel conditions for
package deals from KTG Karlsruhe Tourismus GmbH
Dear guests of the city of Karlsruhe,
We ask you to read the following travel conditions carefully. Insofar as they have been effectively agreed, these Terms and Conditions of Travel shall form part of the package travel contract concluded between the customer or traveler - hereinafter referred to as the "traveler" - and KTG Karlsruhe Tourismus GmbH, hereinafter abbreviated to "KTG". They supplement the statutory provisions of Sections 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB) and supplement these. These travel conditions apply exclusively to KTG package tours. They do not apply to the procurement of third-party services (e.g. guided tours and admission tickets) and not to contracts for accommodation services or their procurement.
1. conclusion of the package travel contract, obligations of the traveler
1.1 The following applies to all booking channels:
a) The basis of KTG's offer and the traveler's booking is the travel advertisement and the supplementary information from KTG for the respective trip, insofar as this is available to the traveler at the time of booking.
b) The pre-contractual information provided by the organizer on the 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 (in accordance with Article 250 § 3 number 1, 3 to 5 and 7 EGBGB) shall only not become part of the package travel contract if this has been expressly agreed between the parties.
1.2 The following applies to bookings made verbally, by telephone, in writing, by e-mail or fax:
a) With the booking, the traveler makes a binding offer to KTG to conclude the package travel contract. The traveler is bound to the booking for three working days.
b) The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) by KTG. Upon or immediately after conclusion of the contract, KTG shall send the traveler a travel confirmation in accordance with the statutory requirements on a durable medium (which enables the traveler to store or save the declaration unchanged in such a way that it is accessible to the traveler within a reasonable period of time, e.g. on paper or by email), unless the traveler is entitled to a travel confirmation in paper form in accordance with Art. 250 § 6 (1) sentence 2 EGBGB, because the contract was concluded in the simultaneous physical presence of both parties or outside of business premises.
1.3 KTG points out that according to the statutory provisions (Sections 312 (7), 312g (2) sentence 1 no. 9 BGB), there is no right of withdrawal for package travel contracts in accordance with § 651a and § 651c BGB that were concluded via distance selling (letters, catalogs, telephone calls, faxes, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting, telemedia and online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal in accordance with § 651h BGB (see also Section 3). However, there is a right of withdrawal if the contract for travel services has been concluded outside of business premises in accordance with Section 651a BGB, unless the verbal negotiations on which the conclusion of the contract is based were conducted at the consumer's prior request; in the latter case, there is also no right of withdrawal.
2. payment
2.1 KTG and travel agents may only demand or accept payment of the travel price before the end of the package tour if an effective insurance contract exists and the traveler has been given the insurance certificate with the name and contact details of the insurer in a clear, comprehensible and prominent manner. After conclusion of the contract, a deposit of 20% of the travel price is due for payment against handover of the insurance certificate. The remaining payment is due 30 days before the start of the trip, provided the insurance certificate has been handed over. For bookings made less than 30 days before the start of the tour, the entire tour price is due for payment immediately.
2.2 Notwithstanding the provisions in section 2.1, the handover of a security certificate is not required as a prerequisite for the due date for payment if the package offer does not include transportation to the place where the package travel services are provided and/or back and, notwithstanding section 2.1, it is agreed and noted in the travel confirmation that the entire travel price is due for payment without prior down payment after the end of the package travel at the end of the stay.
2.3 If the traveler does not make the down payment and/or the remaining payment in accordance with the agreed payment due dates, although KTG is willing and able to provide the contractual services properly, has fulfilled its statutory information obligations and the traveler has no statutory or contractual right of set-off or retention, and if the traveler is responsible for the delay in payment, KTG is entitled to withdraw from the package travel contract after a reminder with a deadline and after expiry of the deadline and to charge the traveler with cancellation costs in accordance with Clause 3. 3.
3. withdrawal by the traveler, rebooking
3.1 The traveler may withdraw from the package travel contract at any time before the start of the trip. Withdrawal must be declared to KTG at the address given below. If the trip was booked through a travel agent, the withdrawal can also be declared to the travel agent. The traveler is advised to declare the withdrawal in text form.
3.2 If the traveler withdraws before the start of the trip or does not start the trip, the tour operator loses the right to the travel price. Instead, KTG may demand reasonable compensation, provided that KTG is not responsible for the withdrawal. KTG may not demand compensation if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the performance of the package tour or the transportation of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.
3.3 KTG has determined the following compensation flat rates taking into account the period between the declaration of withdrawal and the start of the trip and taking into account the expected savings in expenses and the expected income from other uses of the travel services. The compensation is calculated according to the time of receipt of the declaration of withdrawal as follows with the respective cancellation scale:
a) up to the 31st day before departure 10% of the tour price
b) from the 30th to the 21st day before departure 20% of the tour price
c) from the 20th to the 12th day before departure 40% of the tour price
d) from the 11th to the 3rd day before departure 60% of the tour price
e) 90% of the tour price from the 3rd day before the start of the tour and in the event of non-arrival.
3.4 It is strongly recommended that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.
3.5 In any case, the traveler is at liberty to prove to KTG that KTG has suffered no damage at all or significantly less damage than the flat-rate compensation demanded by him.
3.6 A compensation lump sum in accordance with clause 3.3 shall be deemed not to have been determined and agreed if KTG proves that KTG has incurred significantly higher expenses than the calculated amount of the lump sum in accordance with clause 3.3. In this case, KTG is obliged to quantify and justify the compensation claimed, taking into account the expenses saved and the acquisition of any other use of the travel services.
3.7 If KTG is obliged to refund the travel price as a result of a withdrawal, Section 651h (5) BGB remains unaffected.
3.8 The statutory right of the traveler to demand from KTG, in accordance with Section 651 e BGB, that a third party assumes the rights and obligations arising from the package travel contract instead of him/her remains unaffected by the above conditions. Such a declaration shall in any case be deemed to have been made in good time if it is received by KTG 7 days before the start of the tour.
3.9 If, at the request of the traveler, changes are made to the travel date, accommodation, type of board or other services (rebooking) after conclusion of the contract, KTG may charge a rebooking fee of € 15,- up to the 31st day before the start of the trip, without the traveler having a legal claim to the rebooking and only insofar as this is possible at all. Any higher travel costs resulting from the rebooking must be paid additionally by the traveler. If the rebooking results in lower travel costs, this will be taken into account accordingly in favor of the traveler. Subsequent rebookings are only possible by withdrawing from the travel contract and rebooking in accordance with the above conditions of withdrawal. This does not apply to rebooking requests that only incur minor costs or if the rebooking is necessary because KTG has provided no, insufficient or incorrect pre-contractual information to the traveler in accordance with Art. 250 § 3 EGBGB.
3.10. It is strongly recommended that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.
4 Obligations of the traveler
4.1 Travel documents: The traveler must inform KTG or the travel agent through whom the traveler has booked the package tour if the traveler does not receive the necessary travel documents (e.g. hotel voucher, voucher) within the period communicated by KTG.
4.2 Notification of defects / request for remedy:
a) If the trip is not provided free of travel defects, the traveler may demand redress.
b) Insofar as KTG was unable to remedy the situation as a result of a culpable failure to report a defect, the traveler may neither assert claims for a reduction in price in accordance with Section 651m BGB nor claims for damages in accordance with Section 651n BGB
c) The traveler is obliged to notify KTG's representative on site immediately of any defects. If a representative of KTG is not available on site and is not contractually owed, any travel defects must be brought to the attention of KTG at the notified contact point of KTG; the traveler will be informed about the availability of the representative of KTG or his contact point on site in the travel confirmation. However, the traveler can also bring the notification of defects to the attention of his travel agent through whom he booked the package tour.
d) The representative of KTG is instructed to take remedial action if this is possible. However, he is not authorized to recognize claims.
4.3 Setting a deadline before termination: If the traveler wishes to terminate the package travel contract due to a travel deficiency of the type described in Section 651i (2) BGB, the traveler must set a deadline for termination,
4.4. if it is significant, in accordance with § 651l BGB, the traveler must first set KTG a reasonable deadline for remedial action. This only does not apply if KTG refuses to remedy the problem or if immediate remedy is necessary.
5. limitation of liability
5.1 The contractual liability of KTG for damages that do not result from injury to life, limb or health and were not culpably caused is limited to three times the travel price.
5.2 KTG is not liable for service disruptions, personal injury and property damage in connection with services that are merely arranged as third-party services (e.g. brokered excursions, sporting events, theater visits, exhibitions) if these services have been expressly and clearly identified as third-party services in the respective service description and booking confirmation, stating the identity and address of the brokered contractual partner, so that they are recognizably not part of the KTG package tour for the traveler and otherwise the requirements of Sections 651b, 651c, 651w and 651y BGB have been properly fulfilled.
5.3 However, KTG shall be liable if and to the extent that KTG's breach of information, clarification or organizational obligations has caused damage to the traveler.
6. special regulations in connection with pandemics (in particular the coronavirus)
6.1 The parties agree that the agreed travel services shall always be provided by the respective service providers in compliance with and in accordance with the official requirements and conditions applicable at the time of travel.
6.2 The traveler agrees to observe appropriate usage regulations or restrictions of the service providers when using travel services and to inform the tour guide and the service provider immediately in the event of typical symptoms of illness occurring.
6.3 The rights of the traveler under § 651i BGB remain unaffected by the above regulations
7. choice of law and place of jurisdiction; information on consumer dispute resolution
7.1 For travelers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the traveler and KTG. Such travelers may sue KTG exclusively at its registered office.
7.2 For legal action by KTG against travelers or contractual partners of the package travel contract 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 not known at the time the action is filed, the place of jurisdiction shall be the registered office of KTG.
7.3 With regard to the Consumer Dispute Resolution Act, KTG points out that KTG does not participate in voluntary consumer dispute resolution. If and insofar as consumer dispute resolution becomes mandatory for KTG in the future, KTG will inform the consumers affected accordingly in a suitable form. KTG refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.
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These terms and conditions are protected by copyright.
TourLaw - Noll | Hütten | Dukic Attorneys at Law, Munich | Stuttgart, 2024
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is a tour operator:
KTG Karlsruhe Tourismus GmbH
Kaiserstrasse 72 - 74
76133 Karlsruhe
T +49 721 602997-580
F +49 721 602997-900
E-mail: info@karlsruhe-tourismus.de
Managing Director: Pascal Rastetter
Commercial register at AG Mannheim: HRB 719752