Travel Terms and Conditions of Hamburg Tourismus GmbH

Dear Visitor to Hamburg,

Please read the following travel terms and conditions carefully. They govern the legal relations between you and us, Hamburg Tourismus GmbH (hereinafter referred to as: HHT) and supplement the statutory provisions. These travel terms and conditions form an integral part of the travel contract concluded with HHT as the tour operator providing they have been effectively agreed in accordance with the statutory provisions.

1. Conclusion of the travel contract

1.1. Your booking request constitutes a binding offer from you to HHT to conclude a travel contract on the basis of the travel offer.

1.2. The booking request may be made in writing, verbally, by telephone, by fax or electronically. The person making the booking does so on behalf of all other members of the party. The person making the booking is liable for the contractual obligations of these persons to the same extent as he/she is liable for his/her own contractual obligations, providing that he/she has accepted a separate obligation to this effect by means of a separate, explicit declaration.

1.3. The travel contract comes into effect when you receive the declaration of acceptance from HHT. HHT will notify you of its acceptance, which does not require any specific form, upon or immediately after conclusion of the contract by sending the written booking confirmation/invoice. Travel agencies act solely as agents.

1.4. If the content of the reservation confirmation differs from the content of the booking request, this constitutes a new offer from HHT to which it is bound for a period of ten days. The contract is concluded on the basis of this new offer if you indicate your acceptance to HHT within this ten-day period, which you can also do by effecting payment. The same applies if HHT makes you a written offer to conclude a travel contract at your request.

1.5. Data made available to HHT is protected in accordance with the German Data Protection Act (BDSG).

2nd Payment

2.1. Payments against the travel price prior to the end of the travel may only be requested and accepted upon presentation of a security certificate as defined in section 651 k of the German Civil Code (BGB). The security certificate will be sent or handed over to you with the booking confirmation/invoice.

2.2. A deposit of 20% of the travel price is payable upon conclusion of the contract and is credited to the travel price. The deposit is indicated on the booking confirmation/invoice and must be paid immediately upon receipt. If you took out insurance through HHT when you booked, the insurance premium is due immediately after you have received the booking confirmation/invoice.

2.3. The payment of remaining balance is also indicated on the booking confirmation/invoice and is payable 21 days prior to commencement of travel.

2.4. The travel documents will be sent or handed over to you after HHT has received your payments as stated in the booking confirmation/invoice.

2.5 If the agreed balance or travel price has not been paid in full even after a reminder notice has been issued, or by the commencement of travel although the security certificate has been supplied and HHT is willing and able to perform the contractual services, HHT shall be entitled to terminate the travel contract and claim damages corresponding to the cancellation fees, providing that there is no travel disruption at that time that would justify cancellation.

 

3. Services

3.1 The scope of the contractual services is binding, as defined in the description of services in the travel offer that became the basis of the contract and in the information in the booking confirmation/invoice that refers to this. Supplementary agreements that amend the scope of the contractual services require confirmation.

3.2 All dates and events in the HHT brochure that are not part of your travel booking were based on information supplied by the organiser and were correct at the time the brochure was printed. They may be subject to changes and postponements over the course of time, and you should therefore check them with the organiser if necessary. HHT assumes no liability in this regard.

3.3 Travel agencies and/or service providers may only accept special requests if they are designated as non-binding. HHT will endeavour to fulfil your request for special services that are not listed in the brochure if this is possible. Travel agencies and/or service providers are not entitled to make alternative promises or reach alternative agreements without confirmation from HHT.

3.4 Brochures on the local area, hotel brochures, etc. that are not published by HHT are not binding for HHT and do not constitute part of its obligation to perform, unless they have been made part of the subject matter of the travel offer or part of HHT’s obligation to perform by explicit agreement with the traveller.

3.5 The reduced rates for children are stated in the booking information and in the price tables in the travel offer. The age at the commencement of travel is decisive. For example, the ages four to eleven years old means the period from the fourth birthday to the day before the twelfth birthday. HHT or a person engaged by HHT is entitled to verify the booked age of the child using his/her identity documents. If the child’s age does not match that specified in the booking, HHT is entitled to charge for the difference between the child’s rate and the correct travel price, plus an processing fee of € 20.00 per child. Reductions are granted on the travel price for full-paying members of the party.

3.6 If you do not use individual travel services because you return home prematurely or for other compelling reasons, HHT will endeavour to seek a refund from the service providers for the expenses saved. This obligation does not apply if the services are entirely negligible or if there are statutory or official regulations preventing such a refund.

4. Changes in services

4.1 If circumstances arise which necessitate changes to essential travel services after the contract has been concluded and which are not imposed by HHT contrary to good faith, HHT is only permitted to make changes providing that the changes are minor and do not adversely affect the standard of travel as a whole.

4.2 Possible warranty claims remain unaffected to the extent that the changed services are deficient.

4.3 HHT is obliged to notify you of any changes to essential services as soon as it learns of the reason for the changes.

4.4 In the event of a significant change to an essential travel service, you are entitled to cancel the travel contract at no cost or to request different travel arrangements of at least equal value providing HHT is able to offer such travel arrangements without additional cost to you. You must assert these rights against HHT as soon as HHT has notified you of the change to the service or of the travel cancellation.

5th Cancellation by the customer

5.1 You may cancel the travel arrangements at any time prior to departure. The cancellation should include your booking number. The date on which the notice of cancellation is received by the HHT shall be decisive. We recommend that you make the cancellation in writing.

5.2 If you cancel the travel contract or do not travel at all, HHT is no longer entitled to the agreed travel price. Providing it is not responsible for the cancellation or a result of force majeure, HHT may instead demand appropriate remuneration for the arrangements made before cancellation and expenses it has incurred based on the price of the cancelled travel arrangements. The cancellation fee must be paid immediately after you have received the cancellation invoice.

5.3 HHT may impose flat-rate compensation based on the following structure and in accordance with clauses 5.4 and 5.5 below:

Up to 22 days day prior to arrival 10%

Between 6 and 1 day prior to arrival 60 %

Between 21 and 15 day prior to arrival 20 %

On the day of arrival 80 %

Between 14 and 7 day prior to arrival 40 %

of the travel price. The travel price is the total amount indicated on the booking confirmation/invoice less any premium for insurance taken out with the travel booking. The insurance premium must be paid in full even if the contract is cancelled.

5.4 The flat-rate cancellation fee for arrival by rail booked at the fare stated in the brochure is 100% of the ticket price if you do not return the tickets to HHT or if you return them but they have been validated. If you have not received the tickets or you return them to HHT and they have not been validated, the flat-rate cancellation fee is 10% of the ticket price. In this case, the percentages stated in clause 5.3 determine the flat-rate cancellation fee applicable to the rest of the travel price (i.e. the travel price less the ticket price and less the price of any admission/flight tickets booked (clause 5.5.)).

5.5 The flat-rate cancellation fee for reservations for musicals, opera, theatre, bus trips, boat charters and all other events that were booked at the ticket price stated in the brochure, as well as for flight tickets, is 100% of the ticket or flight price, regardless of when the contract is cancelled. The percentages stated in clause 5.3. determine the flat-rate cancellation fee applicable to the rest of the price of the arrival by rail (i.e. the travel price less the ticket price and less the price of any train tickets booked (clause 5.4.)).

5.6 In each case you are entitled to furnish evidence to prove that HHT did not incur any loss as a result of your cancellation, or that the actual loss it incurred was significantly less than the flat-rate fee demanded from you. In this case, you are obliged to pay the lower costs (or if there's no damage, no payment is required).

5.7 HHT reserves the right to claim higher, specific remuneration, the aforementioned flat rates notwithstanding. In this case, HHT is obliged to provide details and proof of the specific amount of remuneration demanded, taking into account the expenses saved and any alternative use of the travel services.

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

6. Rebooking and substitute person

6.1 Changes made in the travel date, accommodation, events, number of participants, place where travel commences or mode of transportation are deemed to be changes to the booking.

6.2 Bookings can be changed - subject to availability - up to the 22nd day before arrival in return for a flat-rate fee of € 20.00 per person. The rebooking fee for admission/flight tickets that have been ordered is € 20.00 in addition to the full price of the admission/flight ticket. However, if HHT is able to sell the admission/flight tickets to a third party, you will receive the amount for which the tickets were sold less an processing fee of 10%.

6.3 After this point in time, the changes stated in clause 6.1 are only possible after the travel contract is cancelled in accordance with the conditions in clause 5 and rebooked at the same time - subject to availability; a cancellation fee pursuant to clause 5 will be charged for this. This does not apply to requests for changes that entail only negligible costs.

6.4 Prior to the time of departure, you may request that another person assumes the rights and obligations arising from the travel contract in your stead. HHT may refuse to accept the substitution if the third party does not satisfy the special travel requirements or if his/her participation would conflict with statutory provisions or official regulations. HHT is entitled to charge a flat-rate processing fee of € 20.00 per transfer of contract.

6.5 If a third party enters into the contract, he/she and you are jointly liable to pay HHT the travel price and any additional costs arising as a result of the third party entering into the contract.

6.6 In any case you are entitled to furnish evidence to prove that HHT did not incur any loss as a result of the rebooking / transfer of contract, or that the actual loss it incurred was significantly less than the flat-rate fee demanded from you. In this case, you are obliged to pay the lower costs (or if there's no damage, no payment is required).

7. Termination and rescission by HHT

HHT is entitled to terminate the travel contract after the commencement of travel without notice if you continuously cause disruptions despite being warned by HHT to desist, or if you act contrary to contract to such an extent that the immediate cancellation of the contract is justified. If HHT terminates the contract, it retains its claim to the travel price; however, it must deduct the value of the expenses saved and benefits gained from the alternative use of the service not utilised, including any sums credited to it by the service provider.

8. Warranty

8.1 Remedy

If the travel arrangements are not provided in accordance with the terms of the contract, you are entitled to request a remedy from HHT by contacting HHT using the contact data given in clause 9.2. HHT is entitled to refuse a remedy if this requires disproportionate expense. HHT may also satisfy its obligation to provide a remedy by providing an alternative service of equivalent value.

8.2 Reduction of the travel price

You may demand a reduction of the travel price for any period during which the travel arrangements are not provided in accordance with the terms of the contract. The travel price must be reduced by the same proportion as the value of the non-defective travel arrangements would have been to the actual value at the time of purchase. You are obliged to notify HHT of your concerns or complaints without delay using the contact data given in clause 9.2. If you are at fault in failing to report a problem, you are not entitled to demand a reduction.

8.3 Termination of the contract

If travel arrangements are substantially impaired as a result of a defect, and if HHT fails to provide a remedy within a reasonable period, you are entitled to terminate the travel contract within the scope of the statutory provisions. Such termination should be expressed in writing, in your own interest and for the purposes of providing evidence. The same applies if, as a result of such defect, you cannot be expected to continue with the travel arrangements owing to a compelling reason which is clear to HHT. You are not required to specify an additional period for the remedy if the remedy is impossible or is refused by HHT or its agents, or if a particular interest on your part justifies the immediate termination of the contract. You are liable to HHT for the portion of the travel price that relates to services used providing these were of interest to you.

8.4 Compensation

Notwithstanding the price reduction or termination, you may request compensation for non-performance, unless the deficiency of the travel arrangements was based on a circumstance for which HHT cannot be held accountable.

9. Obligation to cooperate / reporting of defects

9.1 In the event of disruptions to services, you are obliged to cooperate fully within the scope of the statutory provisions in order to help eliminate the disruption and minimise any loss that might occur.

9.2 You are particularly obliged to notify HHT of your concerns or complaints without delay by calling 040/30051-300 (Mon-Sat, from 9.00 to 19.00 h) or by visiting the tourist information office at Hamburg’s main railway station (Mon-Sat from 9.00 to 19.00 h, Sundays and public holidays 10.00 to 18.00 h)

9.3 You are obliged to notify HHT if you do not receive the necessary travel documents (such as hotel vouchers and tickets) within the deadline indicated by HHT.

10. Limitation of liability of HHT

10.1 The contractual liability of HHT for loss other than personal injury is limited to three times the travel price, unless the loss has been caused by intentional or grossly negligent acts or omissions of HHT. The limitation of liability to three times the travel price also applies to the extent that HHT is responsible for a loss incurred by the visitor other than personal injury, solely due to fault on the part of a service provider.

10.2 HHT’s liability in tort for damage to property that is not the result of intent or gross negligence is limited to three times the travel price. This limit of liability applies per customer and per travel arrangement.

11. Exclusion of claims and statute of limitations

11.1 Any claims by you against HHT based on failure to provide the travel arrangements in accordance with the terms of the contract must be made within one month of the end of the travel as envisaged in the contract. After the end of this period, you may only assert claims based on failure to provide the travel arrangements in accordance with the terms of the contract if you have been prevented from complying with the period through no fault of your own.

11.2 Contractual claims by the traveller for defects with the travel arrangements in accordance with sections 651c to 651f BGB lapse as a result of the statutory authorisation (section 651 m sentence 2 BGB) within one year of the end of the travel as envisaged in the contract. This period does not apply i.) to claims in tort (such claims are subject to the statutory limitation period), ii.) to your claims in accordance with sections 651c to 651f BGB arising from death, physical injury or damage to health that are caused by an intentional or negligent breach of duty by HHT, a legal representative of HHT or agents of HHT (such claims lapse within two years) and iii.) to claims for compensation for other loss in accordance with sections 651c to 651f BGB that are caused by an intentional or grossly negligent breach of duty by HHT, a legal representative of HHT or agents of HHT (such claims lapse within two years). If you and HHT are engaged in negotiations concerning the claim or the circumstances giving rise to the claim, the statute of limitations is suspended until you or HHT tour operator refuse(s) to continue the negotiations. The statute of limitations does not lapse until at least three months after the end of the period of suspension.

11.3 Any travel agency involved acts solely as an agent in the conclusion of the travel contract. It is not authorised to accept the filing of warranty claims and/or compensation claims from you after the end of travel.

12. Applicable law and place of jurisdiction

12.1 The contractual relationship between HHT and you are governed solely by German law. This also applies to the entire legal relationship. If non-German law is applied to claims by you against HHT outside Germany establishing that HHT is liable, German law shall apply exclusively to the legal consequences, in particular with regard to the type, scope and amount of your claims.

12.2 You may only file action against HHT at its registered office. HHT may only file action against you at your domicile. The court with jurisdiction over the registered office of HHT is agreed for actions against business persons, legal entities incorporated under public or private law or persons who have their domicile or usual place of stay abroad, or whose domicile or usual place of stay is unknown at the time that the action is filed. The above provisions do not apply if and to the extent that provisions of international agreements, which apply to the travel contract between you and HHT and which cannot be waived by contract, stipulate an arrangement more favourable to you, or if and to the extent that mandatory provisions, which are applicable to the travel contract in the member state of the EU of which you are a national, and which cannot be waived by contract, are more favourable to you than the provisions herein or the applicable German legislation.

 

Tour operator: Hamburg Tourismus GmbH

Wexstraße 7, 20355 Hamburg

Hamburg Commercial Register: HRB 24469

As of: 08/09/2015