Tourlane Travel - General Terms and Conditions (GTC)
Please read our General Terms and Conditions (GTC) 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 structured in 3 parts:
Part A: Terms and conditions for the arrangement of travel services by Sensation Travel GmbH / Tourlane;
Part B: Terms and conditions for travel packages by Sensation Travel GmbH / Tourlane;
Part C: General terms and conditions for all services.
Part A: Terms and conditions for the procurement of travel services by Sensation Travel GmbH / Tourlane
Scope of application of these terms and conditions; divided into sections I and II
The following terms and conditions, as far as effectively agreed, are the content of the intermediary contract between you (hereinafter referred to as "customer" or "traveller") and Sensation Travel GmbH (hereinafter referred to as "Tourlane"), for bookings made from 27.06.2018 onwards. These conditions supplement and complete the statutory provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 251 of the EGBGB (Introductory Act to the German Civil Code). Please read these terms and conditions carefully before placing your booking!
With regard to the various alternatives provided by statutory law of facilitating travel services and package tours, depending on the type of travel service being facilitated, these facilitation conditions are divided into 2 subsections.
The exclusive regulations for the facilitation:
of a single travel service or multiple travel services of the same type of travel service are provided in Section I of these Terms and Conditions;
and for linked travel services, are provided in Section II of these Terms and Conditions.
Section I: Regulations for the arrangement of a single travel service or multiple travel services of the same type of travel service
The provisions of this Section I with regard to the arrangement of a single travel service or multiple travel services of the same type of travel service pursuant of Section 651a para. 3 sentence 1 of the German Civil Code (BGB) new version shall apply only if the travel services provided are not part of any linked travel arrangements according to Section II of this Part A nor part of a package tour organised by Tourlane pursuant to Part B. In this case, there is no statutory duty to inform the customer by way of a form prescribed by law.
1. Contract conclusion; Statutory obligations
1.1 With Tourlane’s acceptance of the customer's booking order, the contract for the arrangement of travel services is concluded between the customer and Tourlane. The customer’s booking order and respective acceptance by Tourlane 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, this acknowledgement of receipt shall not constitute confirmation of acceptance by Tourlane with respect to the customer’s booking order.
1.3 Mutual rights and obligations of the customer and Tourlane arise from the individually concluded contractual agreements, these terms and conditions and the statutory obligations, in particular §§ 651a ff BGB in conjunction with Art. 250ff. EGBGB and §§ 675, 631 et seq. of the BGB on the provision of services against payment.
1.4 As regards the rights and obligations of the customer in relation to his/her contractual partner as provider of the facilitated travel service, exclusively the agreements accordingly concluded with the travel service provider shall apply, in particular - as far as effectively agreed – the travel service provider’s travel or general conditions. In the absence of any special agreement or reference, the conditions of carriage and tariff regulations issued by the competent transport authority on a statutory basis or on the basis of international agreements shall apply to transport services.
2. General contractual obligations of Tourlane, information, instructions
2.1 The customer will be advised in the best possible way on the basis of these facilitating agent terms and conditions. Upon request, Tourlane will transmit the booking enquiry to the service provider. After confirmation by the service provider, the obligation to perform includes the delivery of the documents relating to the arranged travel service(s). This does not apply if it has been agreed that the service provider will send the documents directly to the customer.
2.2 When providing information, Tourlane is liable - within the scope of the law and the contractual agreements - for the correct selection of the source of information and its correct forwarding to the customer. 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 of the German Civil Code (BGB) unless a special information contract has been concluded.
2.3 Tourlane is not obliged to identify and/or offer the most favourable provider of the requested travel service without express agreement. The contractual obligations of Tourlane within the scope of issued "best price guarantees" remain unaffected.
2.4 Without express agreement, Tourlane provides no guarantee in accordance with § 276 para. 1 sentence 1 BGB with regard to information on prices, services, booking conditions and other circumstances concerning the travel service and no guarantee of procurement with regard to information on the availability of the services to be arranged by the agent.
2.5 Tourlane only accepts special requests for the arrangement of forwarding to the service provider. Unless explicitly agreed otherwise, Tourlane is not responsible for the fulfilment of such special requests. Such requests are also not a condition or contractual basis for the booking order or for the booking statement of the customer to be transmitted by the broker to the service provider. The customer is advised that, as a rule, special requests only become part of the service provider’s contractual obligations through express confirmation by the service provider.
3. Documents on the arranged travel services
3.1 Both the customer and Tourlane are obliged to check the contractual documents and other documents of the service provider concerning the facilitated travel services which were provided to the customer by Tourlane, with regard to their accuracy and completeness, in particular in terms of their compliance with the customer booking and the service facilitation order. This applies especially in relation to booking confirmations, hotel vouchers, insurance certificates and other documents.
3.2 Insofar as documents about the arranged travel services are not sent to the customer directly by the arranged service provider, the delivery shall be made according to Tourlane’s choosing either by post or electronic dispatch.
4. Obligations of the customer to cooperate with Tourlane
4.1 The customer must inform Tourlane without undue delay upon detecting any errors or deficiencies regarding Tourlane's facilitation activities. This includes, in particular, incorrect or incomplete details of personal customer data, other information, information and documents about the facilitated travel services, as well as any incomplete execution of facilitation services (e.g. where bookings or reservations have not been made).
4.2 A If the customer fails to give notice in accordance with clause 4.1, the following shall apply: If the customer fails to give notice in accordance with clause 4.1 through no fault of his own, his contractual rights shall remain unaffected.
B. The customer's contractual rights towards Tourlane shall lapse insofar as Tourlane can prove that the customer would not have suffered any loss or would not have suffered a loss in the amount claimed by the customer if the customer’s notification had been duly provided. This applies in particular if and as far 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 mediated service provider.
C. If the customer fails to give notice in accordance with clause 4.1 through no fault of his own, his claims shall not lapse.
D. Claims of the customer in the event of a failure to notify according to section 4.1 do not lapse
in the case of damages from injury to life, body or health resulting from an 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 an essential obligation, the fulfilment of which makes the proper performance of the facilitation contract possible in the first place or the breach of which jeopardises the achievement of the contract’s purpose.
The liability for booking errors according to § 651x BGB shall remain unaffected.
E. Any contractual and/or legal obligation on the part of the customer to notify the intermediary service provider of any service deficiencies remains unaffected by Clause 4.
F. In his/her own interest, the customer is requested to inform Tourlane of any special needs or restrictions with regard to the requested travel services.
5. Reimbursement of expenses, remuneration, debt collection
5.1 Tourlane is entitled to demand payments in accordance with the terms of service and payment of the facilitated service providers, insofar as these have been effectively agreed upon between the service provider and the customer and contain legally valid payment provisions.
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, but also in its own right on the basis of the legal obligation of the customer as the ordering party as principal to make an advance payment pursuant to Section 669 of the German Civil Code (BGB).
5.3 The above provisions shall apply mutatis mutandis to cancellation costs (compensation for withdrawal) and other legally or contractually justified claims of the facilitated service provider.
5.4 The customer shall not be entitled to object to any of Tourlane's own payment claims by way of retention or set-off based on the assertion that the customer holds any claims against the facilitating service provider, in particular due to inadequate fulfilment of the contract. This shall not apply if a culpable breach of contractual obligations on the part of Tourlane is the cause or contributory cause of such claims arising or if Tourlane is liable to the customer in relation to any counterclaims asserted by the customer for other reasons.
6. Obligations of Tourlane in the event of customer complaints to facilitated service providers
6.1 Claims must be asserted against the mediated service providers within certain deadlines which may result from the law or contractual agreements. As a rule, these deadlines are not met by asserting them against Tourlane. This also applies insofar as the customer wishes to assert claims with regard to the same travel service towards Tourlane as well as towards the service provider.
6.2 In case of complaints or assertion of other claims against by the customer towards the service provider, the Tourlane’s respective obligations shall be limited to the provision of the necessary and known information and documents, in particular the communication of names and addresses of the facilitated service providers.
6.3 If Tourlane accepts - even without being obliged to do so – any duty to duly forward any customer letters or notifications within any defined limitation period, Tourlane shall be held liable for timely receipt of such letter or notification by the recipient only if Tourlane has intentionally or grossly negligently failed to meet the limitation period.
6.4 With regard to any claims of the customer against the mediated service providers, Tourlane is not obliged to consult the customer on the type, scope, amount, eligibility requirements and deadlines or other legal provisions.
7. Important information on Insurance of travel service
7.1 Tourlane advises the customer that the risk of cost in case of cancellation by the customer may be mitigated by way of the customer taking out a travel cancellation insurance.
7.2 The customer is further advised that travel cancellation insurance does not usually cover the loss incurred by him/her due to a cancellation - also through no fault of his/her own - of the use of the travel services after their commencement. As a rule, travel cancellation insurance must be taken out separately.
7.3 When arranging travel insurance, the customer is advised that the insurance conditions of facilitated travel insurances may contain special contractual conditions and / or cooperation obligations of the customer, in particular liability exclusions (e.g. in the case of pre-existing conditions), deadlines for due notification of damage and deductibles. Provided Tourlane has not given any incorrect information regarding the terms of insurance, Tourlane shall not be held liable in the event that the facilitated travel insurance has a right to refuse insurance payments to the customer due to effectively agreed insurance conditions.
8. Position and obligations of the facilitating agent in connection with the provision of air transport services
8.1 In accordance with EU Regulation 2111/2005 on the establishment of a community list of air carriers, the facilitating agent is required to inform the passenger of the identity of the operating air carrier at the time of booking. If the operating airline has not yet been determined at the time of booking, the facilitating agent shall provide the passenger with the information available from the intermediary company about the airline that is likely to operate the flight. In the event of a change of airline, the customer shall be informed of the change without delay. The community list of airlines banned from flying in the European Union is available on the websites http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de and can be given to the customer on request at the agent's offices.
8.2 The contractual relationship between the customer and the airline is governed - insofar as applicable in each case - by the statutory provisions of the German Air Transport Act, the Warsaw and Montreal Conventions and directly, as domestic statutory provisions,
Regulation (EC) No. 261/2004 on air passenger rights
Regulation (EC) No 2111/2005 on the establishment of a mutual list of air carriers which are subject to an operating ban in the community and on informing air transport passengers of the identity of the operating air carrier
Regulation (EC) No 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air.
8.3 The customer is strongly advised to inform himself about his rights as a passenger, e.g. through the notices in the airports, through the information provided by the operating air carrier or through the information sheets of the Federal Aviation Authority at www.lba.de.
9.1 As regards prices and service charges for facilitating the air transport services provided by airlines pursuant to clause 8 of these conditions the following shall apply:
9.2 The prices quoted and invoiced are airline prices which do not include any commission or other remuneration from the airline for the facilitating agent's services.
9.3 The agent's remuneration within the scope of this facilitation activity shall therefore be exclusively through service fees to be paid by the customer.
9.4 The service fee for Tourlane's facilitating activities and for other activities in connection with flight bookings shall amount to 6% of the gross flight price of the mediated air transport company, unless otherwise agreed in individual cases.
9.5 If no agreement has been made on the amount of a corresponding service fee, the customer owes the agent remuneration in accordance with the statutory provisions, i.e. there is an obligation for the customer to pay a customary remuneration.
9.6 The service fees for the facilitation of other travel services and for other activities on behalf of the customer require a corresponding agreement. This can be done, for example, by a corresponding verbal or written reference by the agent.
9.7 The facilitating agent’s right to claim service fees - including in the case of facilitating air transport services - shall remain unaffected in the event of service disruptions or changes, in particular rebooking, change of name, withdrawal, cancellation, annulment, or termination of the mediated contract by the service provider or the customer. This shall not apply insofar as a claim for reimbursement by the customer arises from contractual or statutory claims on the basis of a claim for damages by the customer due to deficiencies in the facilitating agent’s provision of information and facilitation services.
10. Liability of Tourlane
10.1 Insofar as Tourlane has not assumed a corresponding further contractual obligation by express agreement with the Customer, Tourlane shall only be liable for the proper fulfilment of the brokerage obligations. These intermediary duties include in particular the legally effective transmission of the offer to conclude the contract with the service providers to be mediated and, in the event of acceptance of the contract offer by the service providers to be mediated, the transmission of the contract confirmation in the name and for the account of the mediated service provider.
10.2 Tourlane is not liable for defects and damages incurred by the customer in connection with the arranged travel service. This shall not apply in the event of an express agreement or assurance in this respect by Tourlane, in particular if this deviates significantly from the service description of the service provider.
10.3 Any own liability of Tourlane arising from the culpable breach of intermediary duties as well as liability according to § 651x BGB remains unaffected by the above provisions.
Section II: Regulations for the procurement of linked travel services pursuant to § 651w BGB (German Civil Code)
The provisions of this Section II on the facilitation of linked travel services apply exclusively if Tourlane hands out the form on the facilitation of linked travel services. In this form, the customer is informed that no package tour is booked with Tourlane with the booking of a further travel service, but that linked travel services are created with the conclusion of the second contract.
1. Payments for associated travel services
1.1 Tourlane may only accept payments from the traveller for remuneration for travel services of associated 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 remuneration claims of intermediated service providers are still to be fulfilled and in the event of Tourlane's insolvency
travel services are cancelled or
the traveller complies with demands for payment from unsatisfied intermediary service providers in respect of travel services rendered.
1.2 Tourlane shall provide this security when facilitating associated travel services by taking out insolvency insurance in accordance with Section 651w (3) of the German Civil Code (BGB), stating the name and contact details of the customer's insurer in a clear, comprehensible and prominent manner and handing over a corresponding security certificate for all payments made by the customer to Tourlane for associated travel services, insofar as the customer does not make payments directly to the brokered service provider of the associated travel service.
2. Reference to the additional applicability of regulations in Section I of this Part A.
2.1 In addition, the following clauses of Section I of this Part A of these Terms and Conditions shall apply to the brokerage of associated travel services: 1; 2; 3; 4; 6; 7; 8; 9; 10.
2.2 Clause 5 of Section I shall only apply on condition that Tourlane has fulfilled its obligation under Clause 1 of this Section II to secure payment.
Part B: Travel conditions for package tours of Sensation Travel GmbH / Tourlane
The following terms and conditions, insofar as effectively agreed, become the content of the package travel contract concluded between you (hereinafter referred to as "customer" or "traveller") and Sensation Travel GmbH / Tourlane (hereinafter abbreviated to "Tourlane"). They supplement and complete the statutory provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the German Civil Code).
1. Position of Tourlane in the case of arranged flight services for own travel
1.1 As a rule, Tourlane's package tour services do not include air transport services to Tourlane’s destinations and event venues. Insofar as the flight is not expressly stated in the travel description as a component of the package tour offered and carried out by Tourlane, Tourlane does not offer flight services as its own services but as a brokered service in addition to the package tour.
1.2 Insofar as Tourlane arranges additional ancillary tourist services of other service providers (e.g. air transport service together with a stay in the airport lounge) in addition to the air transport services and these ancillary services of the other service provider do not account for a significant proportion of the total value of this package of services and neither represent an essential feature of this package of services of the service provider or of Tourlane itself nor are advertised as such, Tourlane merely has the position of an intermediary. In this respect, reference is made to Part A Section I. 1.3.
1.3 Tourlane as an intermediary has the position of an intermediary of associated travel services, insofar as the prerequisites for an intermediation of associated travel services by Tourlane exist according to the statutory provisions of § 651w BGB. In this respect, reference is made to Part A Section II.
1.4 Notwithstanding Tourlane's obligations as a provider of associated travel services in accordance with Part A Section II and the legal consequences in the event of non-fulfilment of these statutory obligations, Tourlane is neither a tour operator nor a contractual partner of the contract on the arranged services that comes into existence in the event of a booking. Tourlane is therefore not liable for the information provided by the brokered contractual partner on prices and services, for the provision of services itself or compensation for damages arising from these brokered services. Any liability of Tourlane arising from the brokerage contract and from statutory provisions, in particular according to mandatory provisions on telemedia and electronic business transactions, remains unaffected by this.
1.3 The above provisions shall not affect Tourlane's liability under the agency agreement.
2. Conclusion of the travel contract
2.1 With the travel registration, the customer offers Tourlane the binding conclusion of a travel contract.
2.2 The registration can be made in writing, orally, electronically or by telephone and is deemed to be a booking on the part of the customer. The contract shall be concluded upon acceptance by Tourlane. Acceptance does not require any particular form. The tour participant shall be bound by his/her offer until acceptance by Tourlane, but for a maximum of 16 days from the date of registration. Acceptance shall take the form of a written travel confirmation or invoice.
2.3 The customer shall be liable for all contractual obligations of fellow travellers for whom he makes the booking as for his own, provided that he has assumed this obligation by express and separate declaration.
2.4 If the content of Tourlane's travel confirmation differs from the content of the booking, this shall constitute a new offer by Tourlane to which Tourlane shall be bound for a period of 10 days. The contract shall be concluded on the basis of this new offer insofar as Tourlane has pointed out the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the customer declares acceptance to Tourlane by means of an express declaration or down payment within the binding period.
2.5 The pre-contractual information provided by Tourlane on 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 § 3 number 1, 3 to 5 and 7 EGBGB) do not form part of the package travel contract unless this has been expressly agreed between the parties.
2.6 Tourlane notes that according to the statutory provisions (§§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB) there is no right of cancellation for package travel contracts according to § 651a and § 651c BGB concluded at a distance (letters, catalogues, telephone calls, telecopies, 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 according to § 651h BGB (see also section 5). However, there is a right of withdrawal if the contract for travel services has been concluded outside business premises in accordance with Section 651a BGB, unless the oral negotiations on which the conclusion of the contract is based have been conducted at the prior order of the consumer; in the latter case, there is also no right of withdrawal. The above notice shall also apply insofar as contracts are concluded with Tourlane for accommodation services (e.g. hotel rooms) or flight services for which Tourlane is not the intermediary but the direct contractual partner of the customer/traveller.
3. Travel price and payment
3.1 Tourlane and travel agents may only demand or accept payment of the tour price before the end of the package tour if there is an effective customer money protection contract and the customer has been given the protection certificate with the name and contact details of the customer money protector in a clear, comprehensible and prominent manner. After conclusion of the contract, a deposit of 25% of the tour price is due for payment against handover of the security certificate. The remaining payment is due 30 days before the start of the tour, provided that the security certificate has been handed over and the tour can no longer be cancelled for the reason stated in clause 10.2.
3.2 If the customer does not make the deposit and/or the final payment in accordance with the agreed payment terms, although Tourlane is willing and able to properly provide the contractual services and there is no legal or contractual right of set-off or retention on the part of the customer, and if the traveller is responsible for the delay in payment, Tourlane is entitled to withdraw from the travel contract after issuing a reminder with a deadline and after the deadline has expired and to charge the customer with withdrawal costs in accordance with Clause 9.
3.3 Cancellation compensation, processing and rebooking fees as well as insurance premiums are due immediately after Tourlane has issued the corresponding invoice.
3.4 The travel documents will be sent to the customer within 14 days after Tourlane has received the final payment.
3.5 If the booking is made less than 30 days before the start of the journey, the entire price is due immediately upon receipt of the written confirmation.
3.6 Payment is possible by bank transfer and credit card. Tourlane charges 2.3% of the tour price for payment by American Express credit card.
4.1 The service descriptions in the individual offer, as they have become the basis of the contract, as well as the information in the travel confirmation/invoice referring to them, are binding for the scope of the contractual services. Ancillary agreements that change the scope of the contractual services require confirmation in text form.
4.2 Information in hotel brochures and similar descriptions not issued by Tourlane are not binding for Tourlane and Tourlane's obligation to perform unless they have been made the content of Tourlane's obligation to perform by express agreement with the customer.
5. Changes in performance
5.1. Changes to the contents of the contract before the start of the trip which do not affect the price of the trip.
5.2 Deviations of essential characteristics of travel services from the agreed content of the package travel contract that become necessary after conclusion of the contract and were not brought about by Tourlane in bad faith are permitted to Tourlane before the start of the tour insofar as the deviations are insignificant and do not impair the overall nature of the tour.
5.3 Tourlane is obliged to inform the customer of changes to services immediately after becoming aware of the reason for the change on a durable data medium (e.g. also by email, SMS or voice message) in a clear, comprehensible and prominent manner.
5.4 In the event of a significant change to an essential characteristic of a travel service or the deviation from special specifications of the customer which have become part of the package travel contract, the customer shall be entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period of time set by Tourlane at the same time as notification of the change. If the customer does not expressly declare his withdrawal from the Package Travel Contract to Tourlane within the period set by Tourlane, the amendment shall be deemed to have been accepted.
5.5 Possible warranty claims remain unaffected insofar as the changed services are defective. If Tourlane had lower costs for the implementation of the changed trip or a possibly offered substitute trip with equivalent quality at the same price, the difference is to be reimbursed to the customer in accordance with § 651m para. 2 BGB.
6. If the traveller does not make use of individual travel services as a result of an early return journey or for other reasons for which he/she is responsible, he/she shall not be entitled to a pro rata refund of the travel price. Tourlane shall endeavour to obtain reimbursement of the expenses saved from the service providers. This obligation shall not apply if the services are completely insignificant or if reimbursement cannot be made possible. Tourlane is entitled to deduct a processing fee of € 50 from the amount to be reimbursed and to retain this as compensation for the additional work involved. Clause 8.5. applies accordingly.
7. Obligation to provide information on the identity of the operating air carrier
7.1 EU Regulation No. 2111/2005 on informing passengers of the identity of the operating air carrier obliges Tourlane to inform the travel customer of the identity of the operating airline of all air transport services to be provided within the scope of the booked trip at the time of booking. If the operating airline has not yet been determined, the probable airline shall be named first and the customer shall be informed accordingly as soon as the operating airline has been determined. In the event of a change of the operating airline, Tourlane shall inform the customer of this without delay. A "black list" of unsafe airlines with flight bans in the EU can be found on the following website: https://ec.europa.eu/transport/modes/air/safety/air-ban/search_en
7.2 The airlines as well as the governmental coordination authorities are mainly responsible for the design of the flight schedule and its compliance. Therefore, changes in flight times, routing and aircraft may occur at short notice, which are beyond the control of Tourlane. Tour participants are obliged to obtain information about the exact time of the return flight from the airline before the return flight and to have the return flight confirmed. In all other respects, reference is made to the corresponding express instructions in the travel documents. Any claims of the tour participant due to an unreasonable change in services remain unaffected.
8. Withdrawal by the customer (cancellation costs) and substitute traveller
8.1 The customer may withdraw from the tour at any time before the start of the tour. The date of receipt of the declaration of withdrawal by Tourlane is decisive. The travel customer is recommended to declare the withdrawal in text form.
8.2 If the customer withdraws before the start of the tour or does not start the tour, Tourlane shall lose the claim to the tour price. Instead, Tourlane may demand reasonable compensation insofar as Tourlane is not responsible for the withdrawal. Tourlane may not demand compensation insofar as unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the performance of the package tour or the transport 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.
8.3 Tourlane has set the following flat rates for compensation taking into account the period between the notice of cancellation and the start of the tour as well as taking into account the expected saving of expenses and the expected acquisition through other use of the travel services. The compensation is calculated according to the date of receipt of the cancellation notice as follows with the respective cancellation scale:
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 date of receipt of the notice of cancellation shall be deemed to be the effective date for the calculation.
8.5 The customer is at liberty to prove to Tourlane that Tourlane has not suffered any damage or that the damage is significantly less than the flat rate demanded.
8.6 A compensation lump sum in accordance with Clause 8.3 shall be deemed not to have been fixed and agreed insofar as Tourlane proves that Tourlane has incurred significantly higher expenses than the applicable lump sum in each case than the calculated amount of the lump sum in accordance with Clause 8.3. In this case Tourlane shall be obliged to specifically quantify and justify the compensation demanded, taking into account the expenses saved and the acquisition of any other use of the travel services.
8.7 If Tourlane is obliged to refund the travel price as a result of a withdrawal, §651h para. 5 BGB remains unaffected.
8.8 The statutory right of the customer to demand from Tourlane in accordance with § 651 e BGB (German Civil Code) by means of notification on a durable data medium that a third party enters into the rights and obligations arising from the package tour contract instead of the customer shall remain unaffected by the above conditions. Such a declaration is in any case timely if it is received by Tourlane up to 7 days before the start of the tour.
8.9 Insurance against loss of travel expenses, baggage, travel accident and travel sickness is not included in Tourlane's offer and is strongly recommended. Further information on insurance benefits of repatriation insurance, including coverage of repatriation costs in the event of accident or illness, can be obtained from insurance companies and insurance brokers.
9.1 After conclusion of the contract, the customer is not entitled to make changes to the travel date, the travel destination, the place of departure, the accommodation, the type of catering, the type of transport or other services (rebooking). This shall not apply if the rebooking is necessary because Tourlane has provided no, insufficient or incorrect pre-contractual information to the Traveller pursuant to Article 250 § 3 EGBGB; in this case the rebooking shall be possible free of charge. If in other cases a rebooking is nevertheless made at the request of the customer, Tourlane may charge the customer a rebooking fee per traveller affected by the rebooking, provided that the following deadlines are observed. Unless otherwise agreed in individual cases prior to the confirmation of the rebooking, the rebooking fee shall amount to € 50 per affected traveller in each case up to the point in time of the start of the second cancellation bracket of the respective type of travel in accordance with the aforementioned regulation in Clause 9. Clause 8.5 applies accordingly.
9.2 Requests by the customer to change reservations later than 30 days before the start of the tour can only be carried out after withdrawal from the package tour contract in accordance with clause 5 under the terms and conditions and simultaneous re-registration, insofar as their implementation is possible at all. This does not apply to rebooking requests that only cause minor costs.
10. Cancellation due to failure to reach the minimum number of participants
10.1 Tourlane may terminate the contract if the minimum number of participants is not reached in accordance with the following provisions:
The minimum number of participants and the latest time of receipt of Tourlane's cancellation notice by the customer must be stated in the respective pre-contractual information.
Tourlane shall state the minimum number of participants and the latest cancellation deadline in the travel confirmation.
Tourlane is obliged to immediately declare the cancellation of the tour to the customer if it is clear that the tour will not be carried out due to the minimum number of participants not being reached.
Cancellation by Tourlane later than 3 weeks before the start of the tour is not permitted.
If the tour is not carried out for this reason, the customer will be refunded any payments made on the tour price without delay; clause 5.6 applies accordingly.
11. Termination for reasons of conduct
11.1 Tourlane may terminate the package tour contract without notice if the traveller causes a sustained disturbance despite a warning from Tourlane or if he/she behaves in breach of contract to such an extent that the immediate termination of the contract is justified. This shall not apply if the behaviour in breach of contract is causally based on a breach of Tourlane's duty to provide information.
11.2 If Tourlane terminates the contract, Tourlane shall retain the claim to the tour price; Tourlane must, however, take into account the value of the saved expenses as well as the advantages Tourlane gains from an alternative use of the service not used, including the amounts credited by the service providers.
12. Limitation of liability
12.1 Tourlane's contractual liability for damages that do not result from injury to life, body or health and are not culpably caused is limited to three times the tour price. Possible claims in excess of this under the Montreal Convention or the Air Transport Act shall remain unaffected by this limitation of liability.
12.2 Tourlane shall not be liable for disruptions to services, personal injury and material damage in connection with services that are merely arranged as third-party services (e.g. arranged excursions) if these services have been expressly identified as third-party services in the travel description and the travel confirmation, stating the identity and address of the arranged contractual partner, in such a clear manner that they are recognisably not part of Tourlane's package tour for the traveller and have been selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.
12.3 Tourlane shall, however, be liable if and insofar as Tourlane's breach of its duties to provide information, clarification or organisation has been the cause of damage to the traveller.
13. The traveller's duty to cooperate
13.1 Notice of Defect / Request for Remedy
If the trip is not provided free of travel defects, the traveller may demand redress.
Insofar as Tourlane was unable to provide a remedy as a result of a culpable failure to notify the defect, the Traveller can neither assert claims for a reduction in price in accordance with § 651m BGB nor claims for damages in accordance with § 651n BGB.
The Passenger is obliged to immediately notify the Tourlane representative on site of any defects. If there is no Tourlane representative on site and if this is not contractually owed, any travel defects must be brought to the attention of Tourlane at the notified Tourlane contact point; information on the availability of the Tourlane representative or his contact point on site will be provided in the travel confirmation. However, the traveller may also bring the notification of defects to the attention of the travel agent through whom he/she booked the package tour.
Tourlane's representative is instructed to provide redress, insofar as this is possible. However, he is not authorised to acknowledge claims.
14. Setting a time limit before termination
If the customer/traveller wishes to terminate the package tour contract due to a travel defect of the type described in § 651i para. (2) BGB, insofar as it is significant, in accordance with § 651l BGB, the customer/traveller must first set Tourlane a reasonable deadline for remedial action. This will not apply if the proposed solution is refused by Tourlane or if immediate help is necessary.
15. Damage to and delay of baggage when travelling by air; special time limits for requesting a remedy
15.1 The traveller's attention is drawn to the fact that, in accordance with the provisions of aviation law, loss, damage and delay of baggage in connection with air travel must be reported by the traveller to the responsible airline immediately on the spot by means of a notice of claim ("P.I.R."). Airlines and Tourlane may refuse reimbursement on the basis of international agreements if the damage report has not been completed. The claim must be filed within 7 days in the case of damage to baggage and within 21 days in the case of delay.
15.2 In addition, the loss, damage or misrouting of baggage must be reported immediately to Tourlane, its representative or contact point or the travel agent. This does not release the traveller from reporting the damage to the airline in accordance with letter a) within the aforementioned deadlines.
16. Travel documents
The customer must inform Tourlane if he/she has not received the required travel documents (e.g. flight ticket, hotel vouchers) within the period notified by Tourlane.
17. The customer/traveller must assert claims in accordance with § 651i Paragraph (3) No. 2, 4-7 of the German Civil Code (BGB) against Tourlane. Claims may also be asserted via the travel agent if the package tour was booked via this travel agent. It is recommended that the claim be made in text form.
18. Special regulations relating to pandemics (in particular the Coronavirus)
18.1 The parties consent 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.
18.2 The traveller agrees to observe reasonable 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.
19. Passport, visa, customs, foreign exchange, health regulations
19.1 The traveller is responsible for compliance with passport, visa, customs, foreign exchange and health regulations.
19.2 Tourlane will inform the customer/traveller about general passport and visa requirements as well as health formalities of the country of destination including the approximate deadlines for obtaining any necessary visas before conclusion of the contract as well as about any changes to these before the start of the tour.
19.3 The customer is responsible for obtaining and carrying the travel documents required by the authorities, any vaccinations that may be necessary and for complying with customs and foreign exchange regulations. Disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the customer/traveller. This does not apply if Tourlane has not provided information, or has provided insufficient or incorrect information.
19.4 Tourlane is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if the customer has commissioned Tourlane to obtain them, unless Tourlane has culpably breached its own obligations. Please ensure that your passport, which you will need for the trip, is valid, if possible six months beyond your planned return date.
19.5 Travellers should inform themselves in good time about protection against infections and vaccinations as well as other prophylactic measures; if necessary, seek medical advice on thrombosis and other health risks. Please refer to general information, in particular from health offices, tropical doctors, travel medicine information services or the Federal Centre for Health Education. The information provided by Tourlane in this regard does not claim to be up-to-date or complete, although Tourlane endeavours to keep its documents up to date.
Part C: General provisions
1. Notes on data protection
Tourlane wishes to protect the personal data of all customers and therefore undertakes to use such personal data, i.e. all data collected in connection with booking processes, registration processes and/or the use of Tourlane services by Tourlane from the respective participant for this participant and, if applicable, other travel participants and subsequently stored, processed and used, only for the purposes of processing contracts concluded with the cooperation of Tourlane and for customer loyalty. Tourlane may transfer such data to third parties who use this data for the fulfilment and processing of contracts concluded in cooperation with Tourlane, in particular partner agencies, shipping companies, airlines, transfer service providers, hotel operators and travel insurance providers. Tourlane undertakes not to pass on personal customer data to external third parties unless there is a legal or official obligation to do so. You can find out more about your rights as a data subject, in particular your rights of objection, in the data protection declaration at www.tourlane.de.
2. Alternative dispute resolution; choice of law and place of jurisdiction
2.1 With regard to the Consumer Dispute Resolution Act, Tourlane points out that Tourlane does not participate in a voluntary consumer dispute resolution. If consumer dispute resolution becomes obligatory for Tourlane after the printing of these agency terms and conditions, Tourlane will inform the consumers about this in an appropriate manner. Tourlane refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.
2.2 For customers/travellers who are not nationals 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 may sue Tourlane exclusively at its registered office.
2.3 For legal action by Tourlane against customers or contractual partners of the package tour contract who are merchants, legal entities under public or private law or persons who have their domicile or usual place of residence abroad, or whose domicile or usual place of residence is not known at the time the action is brought, the place of jurisdiction shall be the registered office of Tourlane.
3. Final provisions
The invalidity of individual provisions of the contract including these terms and conditions shall not result in the invalidity of the entire contract.
Address and registered office of Sensation Travel GmbH / Tourlane:
Prinzessinnenstraße 20, 10969 Berlin, Deutschland
+49 30 120 830 50
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