please read our General Terms and Conditions (GTCs) and travel information carefully.
The following provisions are, as far as effectively agreed, the content of the contract between you and Sensation Travel GmbH, hereinafter referred to as "Tourlane".
These Terms and Conditions are divided into 3 parts:
Part A: Terms and Conditions for arranging travel services by Sensation Travel GmbH /
Part B: Travel Conditions for package tours of Sensation Travel GmbH / Tourlane
Part C: General Provisions for all services
Part A: Terms and Conditions for the arrangement of travel services by Sensation Travel GmbH / Tourlane
Scope of Application; Segmentation into Sections I and II
The following Terms and Conditions are, as far as effectively agreed, the content of the service contract concluded between you (hereinafter referred to as "customer" or "traveller") and Sensation Travel GmbH (hereinafter "Tourlane") by the accounting transaction from 27/06/2018. They supplement the statutory obligations of §§ 651a - y BGB (Civil Code) and Articles 250 and 251 of the EGBGB (Introductory Act to the BGB) and complete them. Please read these Terms and Conditions carefully before booking! With regard to the legally distinct ways of arranging travel services and package tours depending on the type of travel service, these travel conditions are divided into 2 sections. The exclusive regulations for the arrangement of a single travel service or for multiple travel services of an exclusive type of travel service, see Section I and for connected travel services, see Section II of these Terms and Conditions.
Section I: Regulations for the arrangement of a single travel service or multiple travel services of an exclusive type of travel service
The obligations of this Section I with relation to the arrangement of a single travel service or several travel services of an exclusive type of travel service in terms of § 651a para. 3 sentence 1 BGB n.F. shall apply only if the travel service provided is not part of any connected travel service in Section II of this Part A nor part of a package tour by Tourlane in Part B. In this case, no information of the customer by means of a form is required by law.
1. Contract Conclusion; Statutory Obligations
1.1 With the acceptance of the customer's booking mandate by Tourlane, the contract for the arrangement of travel services is concluded between the customer and Tourlane. Order and acceptance do not require a specific form.
1.2 If the order is placed electronically (e-mail, internet), Tourlane immediately confirms the receipt of the order electronically. However, the acknowledgement does not confirm the acceptance of the customer’s booking mandate.
1.3 The mutual rights and obligations of the customer and Tourlane arise, as far as non-mandatory statutory regulations oppose, from the individually concluded contractual agreements, these Terms and Conditions and the statutory obligations, in particular §§ 651a ff BGB i.V.m. Art. 250ff. EGBGB and §§ 675, 631 ff. BGB on paid business administration.
1.4 For the rights and obligations of the customer towards the contractual partner of the arranged service, the concluded agreements apply exclusively, in particular - as far as effectively agreed - its travel or general conditions. In the case of transport services, the conditions of carriage and tariff regulations issued on a legal basis by the competent transport authority or under international conventions shall apply without special agreement or special notice.
2.2 Tourlane is responsible, within the limits of the law and contractual agreements, for the correct selection of the source of information and its correct communication to the customer when providing information and references. An information contract with a primary contractual obligation to provide information is only concluded if an express agreement to this effect has been made. Tourlane is not liable for the accuracy of information provided in accordance with § 675 Para. 2 BGB, unless a special information contract has been concluded.
2.3 Tourlane is not obliged to identify and / or offer the most economical provider of the requested service without express agreement. The contractual obligations of Tourlane within the scope of issued Best Price Guarantees remain unaffected.
2.4 No guarantee is given in accordance with § 276 para. 1 sentence 1 BGB and no procurement guarantee for information on the availability of the services to be procured by the agent without explicit agreement on information regarding prices, services, booking conditions and other circumstances of the travel service.
2.5 Tourlane accepts special requests only for forwarding to the service provider. Unless explicitly agreed otherwise, Tourlane shall not be liable for the fulfilment of such special requests. These are neither condition nor contractual basis for the agency or the booking statement of the customer. The customer is pointed out that special requests generally only become part of the contractual obligations of the service provider through express confirmation by the service provider.
3.2 Insofar as documents on the arranged travel services are not transmitted to the customer directly by the arranged service provider, the delivery is made at the option of Tourlane by postal or electronic dispatch.
A. If the customer does not give notice in accordance with Section 4.1, the following shall apply: If the customer fails to give notice in accordance with Section 4.1 through no fault of his own, his claims shall not lapse.
B. The customer's claims against Tourlane shall lapse insofar as Tourlane proves that the customer would not have suffered any loss or damage or that the loss or damage would not have been incurred in the amount claimed by the customer if the notification had been correct. This applies in particular insofar as Tourlane proves that immediate notification by the customer would have enabled Tourlane to remedy the defect or reduce the damage, e.g. by rebooking, additional booking or cancellation with the service provider.
C. If the customer's notification under no. 4.1 is not forfeited, his claims shall not be forfeited.
D. Claims of the customer in the event of a failure to report in accordance with section 4.1 are not eliminated
Damage resulting from injury to life, body or health resulting from intentional or negligent
breach of duty by Tourlane or a legal representative or vicarious agent of Tourlane
In the case of claims for compensation for other damages, which are based on an
intentional or grossly negligent breach of duty by Tourlane or a legal representative or
vicarious agent of Tourlane
In the event of a breach of a material obligation, the fulfillment of which makes the proper
performance of the agency contract possible in the first place or whose violation endangers
the achievement of the purpose of the contract.
The liability for booking errors according to § 651x BGB remains unaffected.
E. A contractual and / or legal obligation of the customer to notify the defect against the service provider remains unaffected by clause 4.
F. The customer is, in his own interest, asked to inform Tourlane of any special needs or restrictions with regard to the requested travel services.
5.2 Claims for payment towards the customer may be asserted by Tourlane, insofar as this corresponds to the agreements between Tourlane and the service provider, as its collection agent, but also in its own right on the basis of the statutory advance payment obligation of the customer as the ordering party pursuant to § 669 BGB.
5.3 The above provisions shall apply mutatis mutandis to cancellation costs (withdrawal compensation) and other legally or contractually justified claims of the mediated service provider.
5.4 The customer cannot hold against Tourlane's own payment claims by way of retention or set-off that the customer has claims against the service provider, in particular due to inadequate fulfillment of the contract. This shall not apply if the culpable breach of contractual obligations of Tourlane has become the cause or secondary cause of the arising of such claims or if Tourlane is liable to the customer for the asserted counterclaims for other reasons.
6.2 In case of complaints or other assertion of claims against the service providers, the obligation of Tourlane is limited to the provision of the necessary and known information and documents, in particular the communication of names and addresses of the mediated service providers.
6.3 If Tourlane assumes - even without being obliged to do so - the forwarding of the customer's letter of claim, Tourlane shall only be liable for timely receipt by the recipient if Tourlane itself intentionally or grossly negligently fails to meet the deadline.
6.4 Regarding any claims of the customer against the service providers, there is no obligation for Tourlane to discuss the type, scope, amount, eligibility requirements and deadlines or other legal provisions.
7.2 The customer is further advised that a cancellation insurance usually does not cover the resulting damage, which may be caused by a - even without fault - termination of the use of travel services after their commencement. As a rule, a travel interruption insurance must be taken out separately.
7.3 When arranging travel insurance, the customer is advised that the insurance conditions of the arranged travel insurance may contain special contractual conditions and / or co-operation obligations of the customer, in particular disclaimers (for example, in pre-existing illness), deadlines for claim notification and deductibles. Tourlane is not liable if Tourlane has made no false information regarding the terms of insurance and the mediated travel insurer has a right to refuse service to the customer due to effectively agreed insurance conditions.
8.2 For the contractual relationship between the customer and the airline - if applicable - the statutory obligations of the German Aviation Act, the Warsaw and Montreal Convention and directly, such as domestic statutory provisions apply.
Regulation (EC) No 261/2004 on air passenger rights
Regulation (EC) No 2111/2005 establishing a community list of air carriers which are
subject to an operating ban in the community and notifying passengers of the identity of
the operating air carrier
Regulation (EC) No 1107/2006 of the European Parliament and of the council on the rights
of disabled persons and passengers with reduced mobility.
8.3 The customer is strongly advised to discuss his rights as a passenger, e.g. by the notices in the airports, by the information of the operating air carrier or by the information sheets of the Federal Aviation Office at www.lba.de to inform.
9.2 The prices quoted and invoiced are those of the airlines which do not include any commission or other remuneration of the airline for the activity of the agent.
9.3 The remuneration of the intermediary in the context of this mediation activity is therefore exclusively based on service fees to be paid by the customer.
9.4 The service charge for the Tourlane's mediation activities and for other activities in connection with the flight booking is, unless otherwise agreed in individual cases, €50, - per flight ticket, for Business and First Class tickets €100.
9.5 If an agreement on the amount of a corresponding service fee has not been made, the customer owes the intermediary a fee in accordance with the statutory obligations, meaning there is an obligation to pay the usual remuneration by the client.
9.6 The service fees for the mediation of other travel services and for other activities on behalf of the customer require a corresponding agreement. This may e.g. by a corresponding verbal or written notice of the mediator on this.
9.7 The claim of the mediator on service fees - also in the case of the airline agency - remains due to performance disruptions or changes, in particular rebooking, name change, cancellation, or termination of the mediated contract by the service provider or the customer. This does not apply if a claim for reimbursement of the customer due to a claim for damages of the customer due to defects in the advisory or mediation activity of the intermediary resulting from contractual or statutory claims.
10.2 Tourlane is not liable for defects and damages incurred by the customer in connection with the travel service. This does not apply to an express agreement or assurance by Tourlane in this regard, especially if this differs significantly from the service description of the service provider.
10.3 Any own liability of Tourlane for the culpable violation of intermediary obligations as well as liability according to § 651x BGB remains unaffected by the above provisions.
Section II: Arrangements for the Provision of Affiliated Travel Services acc. § 651w BGB
The provisions of this Section II relating to the arrangement of connected travel services apply exclusively when Tourlane delivers the form relating to the arrangement of connected travel services. In this form, the customer is informed that no package tour is booked with Tourlane when booking a further travel service, but that travel services associated with the conclusion of the second contract arise.
1.1 Tourlane may only accept payments from the traveller for payments for travel services of related travel services if Tourlane has ensured that these are reimbursed to the traveller, insofar as travel services are to be provided by Tourlane itself or payment claims of service providers mediated by Tourlane are still to be fulfilled and in the event of Tourlane's insolvency
1.2 This guarantee is provided by Tourlane in arranging connected travel services by taking out a bankruptcy insurance acc. § 651w Abs. 3 BGB, naming the name and the contact details of the client money hedger in a clear, understandable and highlighted manner and delivery of a corresponding security certificate for all payments by the customer to Tourlane connected travel services, insofar as the customer does not pay directly to the mediated service provider of the connected travel service.
2.2 Section 5 of Section I shall only apply provided that Tourlane has fulfilled its obligation under Section 1 of this Section II to secure the payments.
Part B: Travel Conditions for Package Tours of Sensation Travel GmbH / Tourlane
The following Terms and Conditions shall, as far as agreed effectively, be the content of the package travel contract between you (hereinafter referred to as "Customer" or "Traveler") and Sensation Travel GmbH / Tourlane (hereinafter "Tourlane"). They supplement the statutory obligations of §§ 651a - y BGB (Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB) and complete them.
1.2 To the extent that Tourlane arranges, in addition to the air transport services, additional tourism services of other service providers (e.g. air transport service including stay in airport lounge) and these ancillary services of the additional service provider do not make a significant contribution to the total value of this service combination and do not represent an essential feature of this service composition of the service provider or of Tourlane itself still being advertised as such, Tourlane has only the position of an intermediary. In this regard, reference is made to Part A, Section I.
1.3 Tourlane, as an intermediary, has the status of an intermediary of connected travel services, insofar as the conditions for the arrangement of related travel services of Tourlane are available according to the statutory obligations of § 651w BGB. In this regard, reference is made to Part A, Section II.
1.4 Without prejudice to the obligations of Tourlane as a provider of connected travel services in accordance with Part A Section II and the legal consequences of non-compliance with these legal obligations, Tourlane shall not be the tour operator or contracting party of the travel service in the event of the conditions set out in 1.2 or 1.3 Services. Tourlane is therefore not liable for the information provided by the mediated contracting party for prices and services, for the provision of services itself or for damages resulting from these mediated services. Any liability of Tourlane under the agency contract and from legal obligations, in particular according to mandatory obligations on telemedia and electronic commerce remains unaffected.
1.5 The above obligations shall not affect the liability of Tourlane under the agency contract.
2.2 The registration can be made in writing, orally, electronically or by telephone and is considered a booking by the customer. The contract is concluded with the acceptance by Tourlane. Acceptance requires no specific form. The travel participant is bound by his offer until accepted by Tourlane, but no more than 16 days from the date of filing. Acceptance is in the form of a written travel confirmation or invoice.
2.3 The customer shall be responsible for all contractual obligations of fellow travellers for whom he makes the booking as for his own, provided he has accepted this obligation by express and separate declaration.
2.4 If the content of Tourlane's travel confirmation differs from the content of the booking, Tourlane will have a new offer to which Tourlane is bound for a period of 10 days. The contract is concluded on the basis of this new offer, insofar as Tourlane has referred to the change in respect of the new offer and fulfilled its pre-contractual information obligations and the customer within the binding period Tourlane declares the acceptance by express declaration or down payment.
2.5 The pre-contractual information provided by Tourlane regarding essential features of travel services, the travel price and all additional costs, the payment methods, the minimum number of participants and the cancellation charges (in accordance with Article 250 § 3 Number 1, 3 to 5 and 7 EGBGB) will not be included of the package travel contract, if this is expressly agreed between the parties
2.6 Tourlane points out that according to the statutory obligations (§§ 312 (7), 312g (2) sentence 1 no. 9 BGB) in package travel contracts pursuant to § 651a and § 651c BGB, the distance selling (letters, catalogues, telephone calls, faxes, e-mails, messages sent via mobile phone service (SMS) as well as radio, telemedia and online services) have no right of revocation, but only the legal rights of withdrawal and termination, in particular the right of withdrawal according to § 651h BGB (see also section 5) , However, a right of revocation exists if the contract for travel services pursuant to § 651a BGB has been concluded outside of business premises, unless the oral proceedings on which the conclusion of the contract is based have been conducted on prior order of the consumer; in the latter case, a right of withdrawal is also not. The above note also applies if Tourlane concludes contracts for accommodation services (such as hotel rooms) or flight services in which Tourlane is not the intermediary but the direct contractual partner of the customer / traveller.
3.2 If the customer does not make the down payment and / or the final payment according to the agreed payment terms, although Tourlane is willing and able to provide the contractual services properly and has no legal or contractual right of retention, then Tourlane is entitled, after a warning with a deadline to withdraw from the travel contract and to charge the customer with cancellation costs in accordance with Section 9.
3.3 Cancellation fees, processing and rebooking fees as well as insurance premiums are due immediately after invoicing by Tourlane.
3.4 The travel documents will be sent to the customer within 14 days after receipt of his final payment at Tourlane.
3.5 If the booking is made less than 30 days before departure, the entire travel price is due immediately upon receipt of the written travel confirmation.
3.6 Payment is possible by bank transfer and credit card. Tourlane charges an additional 2.3% of the travel price when paid for with an American Express credit card.
4.2 Information in hotel brochures and similar descriptions not issued by Tourlane shall not be binding on Tourlane and Tourlane's obligation to perform, unless expressly agreed with the customer as the content of Tourlane's obligation to perform.
5. Performance Changes
5.1 Changes to contract contents prior to departure that do not affect the travel price
5.2 Deviations of essential characteristics 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 Tourlane against good faith, are allowed to Tourlane before departure, as far as the deviations are insignificant and do not affect the overall layout of the trip.
5.3 Tourlane is obliged to inform the customer about service changes immediately after having known about the reason for the change on a durable medium (for example by e-mail, SMS or voice message) in a clear, understandable and highlighted manner.
5.4 In the event of any significant change in any essential feature of a travel service or deviation from any special requirements of the customer that have become part of the package travel contract, the customer shall be entitled to accept the change or free of charge within a reasonable time limit set by Tourlane at the same time as notification of the change to withdraw from the package travel contract. If the customer does not explicitly declare the cancellation of the package travel contract within the deadline set by Tourlane, the change is deemed accepted.
5.5 Any warranty claims remain unaffected insofar as the changed services are subject to defects. If Tourlane had lower costs for the implementation of the modified journey or any replacement tour of equivalent quality at the same price, the customer shall be reimbursed the difference in accordance with § 651m (2) BGB.
7.2 The design of the flight plan and its compliance are essentially the responsibility of the airlines and of the state co-ordination authorities. Therefore, there may be short-term changes in flight times, route and aircraft that are beyond the control of Tourlane. Travelers are required to inform the airline about the exact time of the return flight prior to the return flight and have the return flight confirmed. For the rest, reference is made to the corresponding express instructions in the travel documents. Any claims of the travel participant due to unreasonable changes in service remain unaffected.
8.2 If the customer withdraws before the start of the trip or if he does not start the journey, Tourlane loses the right to the travel price. Instead, Tourlane may claim reasonable compensation, unless the cancellation is the responsibility of Tourlane or where unavoidable, exceptional circumstances occur at or near the place of destination which materially affect the operation of the package or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are not under the control of Tourlane, and their consequences would not have been avoided even if all reasonable precautions had been taken.
8.3 Tourlane has determined the following compensation packages, taking into account the period between the declaration of withdrawal and the start of the journey, taking into account the expected savings in expenses and the expected purchase through other uses of travel services. The compensation will be calculated after the time of receipt of the notice of withdrawal with the respective cancellation scale as follows:
Up to 45 days before departure 20%
44 to 30 days before departure 30%
29 to 20 days before departure 45%
19 to 14 days before departure 75%
13 to 7 days before departure 85%
06 days to no-show 90%
8.4 The deadline for the calculation is the receipt of the declaration of withdrawal.
8.5 The customer is at liberty to prove to Tourlane that Tourlane has suffered no or substantially less damage than the required lump sum.
8.6 Tourlane reserves the right to demand a higher, specific compensation in lieu of the aforementioned lump sums, provided Tourlane proves that Tourlane incurred substantially higher expenses than the respective applicable lump sum. In this case, Tourlane is obliged to quantify and prove the required compensation, taking into account the saved expenses and any other use of the travel services.
8.7 If Tourlane is obliged to refund the price due to a cancellation, Tourlane has to pay immediately, but in any case within 14 days after receipt of the cancellation notice.
8.8 The legal right of the customer, according to § 651 e BGB of Tourlane, to demand by notice on a durable medium that a third party enters into the rights and obligations arising from the package travel contract, remains unaffected by the above conditions. In any case, such an explanation is timely if it is received by Tourlane up to 7 days before departure.
8.9 The conclusion of an insurance covering baggage loss, accidents and health while traveling is not included in Tourlane's offer but is strongly recommended. For more information regarding insurance benefits of these types of coverage, refer to institutions issuing those, i.e. insurance companies and insurance brokers.
9.2 Customers' re-booking requests later than 30 days prior to departure, if possible, can only be carried out after the cancellation of the package travel contract pursuant to clause 5 on the conditions and simultaneous re-registration. This does not apply to re-booking requests which cause only minor costs.
The minimum number of participants and the latest date of receipt of the cancellation notice
from Tourlane to the customer must be stated in the respective pre-contractual information.
Tourlane must indicate the minimum number of participants and the latest withdrawal
period in the travel confirmation.
Tourlane is obliged to immediately notify the customer of the cancellation of the trip, if it is
clear that the trip will not be carried out due to the minimum number of participants having
not reached it.
A cancellation of Tourlane later than 3 weeks before departure is not allowed.
If the trip is not carried out for this reason, the customer will receive back payments made
to the travel price without delay, Section 5.6 shall apply accordingly.
11.2 If Tourlane terminates the contract, Tourlane shall retain the right to the tour price; however, Tourlane must allow itself to be credited with the value of the saved expenses as well as those benefits which Tourlane obtains from another use of the service not used, including the amounts credited by the service providers.
12.2 Tourlane shall not be liable for any performance disturbances, personal injury or property damage in connection with services that are merely provided as external services (e.g. arranged outings), if these services in the travel advertisement and the travel confirmation expressly and stating the identity and address of the mediated contractual partner as external services have been so clearly marked that they are clearly not part of Tourlane's holiday package and have been selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected.
12.3 Tourlane shall be liable, however, if and in so far as damage to the traveller has caused the violation of information, information or organisational duties of Tourlane.
If the trip is not provided free of travel shortcomings, the traveller may request a remedy.
As far as Tourlane could not remedy the result of a culpable omission of the notice of
defects, the traveller can neither claim for reduction claims according to § 651m BGB nor
claims for damages according to § 651n BGB.
The traveller is obliged to notify his defect notification to the representative of Tourlane
without delay. If a representative of Tourlane is not present on site and is not contractually
owed, any travel deficiencies shall be reported to Tourlane at the notified Tourlane contact
point; The accessibility of the representative of Tourlane or its contact point on the spot will
be indicated in the travel confirmation. However, the traveller can also bring the notice of
defect to his travel agent, through whom he has booked the package holiday.
The representative of Tourlane is instructed to provide remedies, if possible. However, he is
not authorized to recognize claims.
15.2 In addition, the loss, damage or misdirection of baggage shall be reported to Tourlane, its agent or contact point or the travel agent without delay. This does not release the traveller from reimbursing the claim to the airline pursuant to point (a) within the time limits set out above.
Travel Documents The customer must inform Tourlane if he does not receive the necessary travel documents (e.g. flight ticket, hotel vouchers) within the deadline notified by Tourlane.
Assertion of claims, addressee claims according to § 651i Abs. (3) Nr. 2, 4-7 BGB the customer / traveller has to assert against Tourlane. The assertion may also be made through the travel agent if the package holiday was booked through this travel agent. A claim in text form is recommended.
18.2 Tourlane will inform the customer / traveller of general passport and visa requirements as well as health formalities of the country of destination including the approximate time limits for obtaining any necessary visas prior to the conclusion of the contract and any changes thereto prior to departure.
18.3 The customer is responsible for procuring and carrying the officially required travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages resulting from non-compliance with these regulations, e.g. the payment of cancellation fees are charged to the customer / traveller. This does not apply if Tourlane has not provided or provided insufficient or incorrect information.
18.4 Tourlane cannot be held liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if the customer has commissioned Tourlane with the procurement, unless Tourlane has culpably breached its own obligations. Please, make sure that your passport, which you need for the journey, is valid, if possible six months beyond your planned return date.
18.5 The traveller should inform himself in good time about infection and vaccine protection as well as other prophylactic measures; if necessary, medical advice should be given on thrombosis and other health risks. Reference is made to general information, in particular to public health authorities, tropical medicine physicians, travel medical information services or the National Health Service. The information provided by Tourlane in this regard does not claim to be up-to-date or complete, although Tourlane endeavours to keep its records up to date.
Part C: General provisions
2.2 For customers / travellers who are not members of a member state of the European Union or Swiss citizens, the exclusive validity of German law is agreed for the entire legal and contractual relationship between the customer / traveller and Tourlane. Such customers/travellers can sue Tourlane only at its registered office.
2.3 For claims of Tourlane against customers or contractual partners of the package travel contract, the merchants, legal entities of public or private law or persons who are domiciled or ordinarily resident abroad, or whose domicile or habitual residence at the time of action is unknown, the place of jurisdiction shall be the registered office of Tourlane.
Address and location of Sensation Travel GmbH / Tourlane: Köpenicker Str. 126, 10179 Berlin, Germany +49 30 120 830 50 email@example.com