Tourlane Travel – General Terms and Conditions
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 structured in 3 parts:
Part A: Terms and Conditions for arranging travel services by Sensation Travel GmbH /Tourlane acting as an intermediary agent;
Part B: Travel Conditions for travel packages organized by Sensation Travel GmbH / Tourlane acting as a principal travel package organizer.
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 of these Terms and Conditions; Structure of Sections I and II
The following Terms and Conditions are, as far as effectively agreed, the content of the facilitation contract concluded between you (hereinafter referred to as “customer” or “traveller”) and Sensation Travel GmbH (hereinafter “Tourlane”) by way of your booking. They supplement the statutory provisions of sections 651a - y of the German Civil Code (BGB) (Civil Code) and Articles 250 and 251 of the Introductory Code to the German Civil Code (EGBGB) and complete them. 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 in turn structured 2 subsections.
The exclusive regulations for the facilitation
of a single travel service or of multiple travel services of the same type of travel service are provided in Section I
and for linked travel arrangements, 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 relation to the arrangement of a single travel service or several travel services of the same type of travel service pursuant to Section 651a para. 3 sentence 1 of the German Civil Code (BGB) new version shall apply only if the travel service provided is not part of any linked travel arrangement pursuant to Section II of this Part A nor part of a travel package organized 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 facilitation 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 a 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, unless provided otherwise in mandatory statutory provisions, from the individually concluded contractual agreements, these Terms and Conditions and the statutory obligations, in particular Sections 651a and subsequent sections of the German Civil Code (BGB) in connection with Art. 250and subsequent statutory provisions of the Introductory Code to the German Civil Code (EGBGB) and Sections 675, 631 and subsequent sections of the German Civil Code (BGB) which relates to contracts where one party is instructed by the other to conduct certain business activities for it in consideration of remuneration.
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 case of transport services, the conditions of carriage and tariff regulations shall apply without any specific agreement or special notice to this effect becoming necessary, if –by statutory law- same have been issued by the competent transport authority or under international conventions.
2. General Contractual Obligations of Tourlane, Information, Instructions
2.1. The client is advised in the best possible way on the basis of these facilitating agent Terms and Conditions. Upon request, the booking enquiry will be transmitted by Tourlane to the service provider. Following confirmation by the service provider, the obligation to provide services includes the delivery of the documents relating to the travel service(s). This does not apply if it has been agreed that the service provider shall send the documents directly to the customer.
2.2. When providing information and references, Tourlane, within the scope of the statutory law and contractual agreements, shall be responsible for the correct selection of the source of information and its correct communication 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 Section 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 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. Without express agreement Tourlane provides no guarantee whatsoever in accordance with Section 276 para 1 sentence 1 of the German Civil Code (BGB) in relation to any information given on prices, services, booking conditions and other circumstances concerning the travel service and as regards any information provided on the availability of the services that are to be facilitated by Tourlane no guarantee of procurement is given. .
2.5. Tourlane accepts special requests only for the purpose of forwarding same to the service provider. Unless explicitly agreed otherwise, Tourlane shall not be liable for the fulfilment of such special requests. Such requests shall neither constitute any contractual condition nor contractual basis for the facilitating agent or the booking statement of the customer. The customer shall be informed that special requests generally only become part of the service provider’s contractual obligations subject to the service provider having given express confirmation to this effect by.
3. Documents on Facilitated Travel Service
3.1. Both the customer and Tourlane shall be obliged to check the contractual documents and other documents of the service provider which relate to the facilitated travel services and which are 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 on the arranged travel services are not transmitted to the customer directly by the arranged service provider, the delivery is made according to Tourlane’s choosing either by postal or electronic dispatch.
4. Obligation 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 on the facilitated travel services, as well as any incomplete execution of facilitation services (e.g. bookings or reservations that have not been made).
4.2. If the customer fails to give notice in accordance with Section 4.1, the following shall apply: a. If the customer fails to give notice in accordance with Section 4.1 without default on the part of the customer, his contractual rights shall remain unaffected. b. The customer’s contractual rights towards Tourlane shall lapse to the extent that Tourlane can prove 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 customer’s notification had been duly provided. This applies in particular if and as far as Tourlane proves that due notification by the customer would have enabled Tourlane to remedy the defect or reduce the damage, e.g. by rebooking, placing additional bookings or cancelling services with the service provider.
In the event of any failure on the part of the customer to provide due notification under Clause 4.1, his rights shall remain unaffected in the event of any damages 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 fulfilment of which makes the proper performance of the facilitation contract possible in the first place or the violation of which endangers the achievement of the contract’s purpose.
Any liability for booking errors according to Section 651x of the German Civil Code (BGB) shall remain unaffected.
4.3. Any contractual and/or legal obligation on the part of the customer to notify the service provider of any service deficiencies remains unaffected by clause 4.
4.4. 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 shall be entitled to demand payments in accordance with the terms of service and payment of the facilitated service providers, to the extent that same have been effectively agreed upon between the service provider and the customer and contain legally valid provisions as regards payment.
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 statutory advance payment obligation of the customer as the ordering party pursuant to Section 669 of the German Civil Code (BGB).
5.3 The above provisions shall apply mutatis mutandis to cancellation costs (compensation for cancellation) 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 service provider, in particular due to inadequate fulfilment of the contract. This shall not apply if any such claims were caused wholly or in part by any culpable breach of contractual obligations on the part of Tourlane 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 service providers within the limitation periods defined by statutory law or contractual agreement. As a rule, any assertion of claim made towards Tourlane shall not be deemed to have been made within such limitation. This also applies if the client asserts any 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. Regarding any claims of the customer against the service providers, there is no obligation on the part of Tourlane to consult the customer as regards the type, scope, amount, eligibility requirements and deadlines or other legal provisions.
7. Important Information on Insurance of Travel Services
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 a cancellation insurance usually does not cover the resulting damages, which may be caused - even without fault – by the customer abandoning the utilization of travel services after their commencement. As a rule, a travel interruption insurance policy must be taken out separately.
7.3. As regards the facilitation of travel insurances, the customer is advised that the insurance conditions of facilitated travel insurances may contain special contractual conditions and/or co-operation obligations of the customer, in particular disclaimers (for example, pre-existing illness), deadlines for due notification of claims 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 in Connection with the Provision of Air Transport Services
8.1. In accordance with Regulation (EC) No 2111/2005 establishing a mutual list of air carriers, the facilitating agent is required to inform the passenger of the identity of the operating airline at the time of booking. If at the time of booking, the operating airline has not been defined, the facilitating agent shall communicate the information available in relation to the airline carrier which is likely to operate the facilitated flight. If the airline changes, the customer will be informed without undue delay about the change. The community list of airline companies not flying in the European Union is available on the internet at and www.lba.de can be given to the customer on request at the agent’s premises.
8.2. For the contractual relationship between the customer and the airline - if applicable - the statutory provision of the German Aviation Act (Deutsches Luftverkehrsgesetz), the Warsaw and Montreal Conventions as well as directly - similarly to national statutory law - directly, the following shall apply:
Regulation (EC) No 261/2004 on Air Passenger Rights
Regulation (EC) No 2111/2005 regarding the establishment of a mutual list of air carriers which are subject to an operating ban in the community and regarding the notification of passengers as to the identity of the air carrier operating a flight
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 take note of the information provided as regards his/her rights as a passenger, e.g. by way of reading respective information notices as displayed at the airports, the information provided by the operating air carrier or the information memos provided by the Federal Aviation Office at www.lba.de to inform.
9. Remuneration Claims of the Agent
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 those of the airlines which do not include any commission or other remuneration paid by the airline in consideration of the facilitating agent arranging the flight service.
9.3. The remuneration due to the facilitating agent in consideration of his facilitation services is therefore exclusively payable by the customer as a service fee.
9.4. The service fee due in consideration of Tourlane’s facilitation services and other activities provided by Tourlane in connection with the flight booking amounts to £40, - per flight ticket and £85 for Business and First Class tickets, unless agreed otherwise, in individual cases.
9.5. As far as no agreement has been concluded as to the amount of a corresponding service fee, the customer owes the facilitating agent a fee in accordance with the statutory provisions, i.e. the customer shall be under an obligation to pay remuneration as commonly payable customer.
9.6. The service fees payable in consideration of facilitating other travel services and for the performance of other services according to the customer’s respective request, shall require a corresponding agreement. This may be reached by the facilitating agent providing verbal or written advice in this respect.
9.7. The facilitating agent’s right to claim service fees – including fees in consideration of facilitating air transport services – shall remain unaffected in the event of any performance disruptions or changes, in particular booking modifications, name changes, cancellations, or termination of the facilitated service contract, be it by the service provider or the customer. This shall not apply if the customer’s claim for reimbursement is based on damages due to deficiencies of the facilitating agent’s statutory or contractual duties as regards due provision of information and facilitation services.
10. Liability of Tourlane
10.1. Unless Tourlane, by way of express agreement with the customer, has assumed any additional contractual duties, it shall only be liable for due fulfilment of its facilitation duties. Such duties particularly include transmission in a legally valid manner of any offer by the customer to conclude a travel service contract with the travel service provider whose service is to be facilitated as well as in case of the facilitated service provider’s corresponding acceptance, due transmission of the travel service provider’s respective booking confirmation on the service provider’s behalf and on its account.
10.2. Tourlane shall not be liable for any claim in respect of defects or damages incurred by the customer in connection with travel services. This shall, however, not apply in the event of any express agreement entered into or assurance given by Tourlane in this regard, especially if such express agreement or assurance differs significantly from the service description given by the service provider.
10.3. Any liability on the part of Tourlane due to any breach of its duties as facilitation agent as well as any liability under Section 651x of the German Civil Code (BGB) remains unaffected by the above provisions.
Section II: Provisions on the Facilitation of Linked Travel Arrangements Pursuant to Section 651w of the German Civil Code (BGB)
The provisions of this Section II relating to the facilitation of linked travel arrangements apply exclusively when Tourlane issues the standard requisite information form relating to the facilitation of linked travel arrangement. In this form, the customer is advised that no travel package is booked with Tourlane when booking a further travel service, but that by concluding a second travel service contract, the combination of both travel service contracts facilitated by Tourlane constitute a linked travel arrangement.
1. Payments for Linked Travel Arrangements
1.1. Tourlane may only accept payments from the traveler in consideration of travel services which are part of linked travel arrangements if Tourlane has ensured that these shall be reimbursed to the traveller, to the extent that such travel services are provided by Tourlane acting as responsible travel service provider or any payments owed to any service providers facilitated by Tourlane are still to be fulfilled and in the event of Tourlane’s insolvency travel services are cancelled the traveler, has paid the travel service provider with respect to travel services completely performed due to the travel service provider having remained unpaid in this respect.
1.2. This guarantee is furnished by Tourlane when facilitating linked travel arrangements by way of taking out insolvency insurance in accordance with Section 651w para. 3 of the German Civil Code (BGB), moreover, by way of denomination of the insolvency insurance’s name and address in a distinct, comprehensible and prominent manner as well as by way of issuing to the customer a security certificate with respect to all customer payments to Tourlane acting as facilitating agent with respect to linked travel arrangements to the extent that the customer has not paid any of the facilitated travel service providers of the linked travel arrangements directly.
2. Reference to the Additional Validity of Provisions in Section I of this Part A
2.1. In addition, the following clauses of Section I of Part A of these Terms and Conditions apply also with respect to the facilitation of linked travel arrangements: 1; 2; 3; 4; 6; 7; 8th; 9; 10th
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
These Terms and Conditions, (if and to the extent same have been validly agreed upon), become part of and shall govern the contractual relationship concluded between you, the travel customer, and Sensation Travel GmbH / Tourlane (hereinafter referred to as “Tourlane”). They complement the legal provisions of Sections 651a to–y BGB (Bürgerliches Gesetzbuch – German Civil Code) and the statutory information obligations applying to tour operators according to Articles 250 and 252 EGBGB (Einführungsgesetz zum BGB – Introductory Code to the German Civil Code). Please read these Terms and Conditions carefully before submitting your travel booking.
1. Tourlane’s role in relation to facilitated flight transport services
1.1. In general, Tourlane’s travel services do not include flight transport services to Tourlane’s destinations and event venues. If and to the extent that singular flight transport services are not specifically advertised as part of the travel services offered and rendered by Tourlane, Tourlane acts as a mere agent facilitating such flight transport services on behalf of the principal party providing such facilitated flight transport services (the airline).
1.2. If and to the extent that in addition to offering facilitated flight transport services pursuant to section 1.1 above, Tourlane offers ancillary travel services pertaining to another service provider (e.g. facilitation of flight transport as main service plus airport lounge access as ancillary service) and such additional ancillary service does not constitute a material value in relation to the facilitated combination‘s total value and the added ancillary service neither constitutes any special attribute of the combination nor has been advertised by Tourlane as such, Tourlane shall act as a mere intermediary agent in relation to such service combination. In this regard, reference is made to Part A, Section I.
1.3. Tourlane shall act as an intermediary agent facilitating linked travel service arrangements if pursuant to the relevant legal regulations of Sec. 651w BGB the legal pre-requites accordingly defined herein are fulfilled. In this regard, reference is made to Part A, Section II.
1.4. Notwithstanding Tourlane’s obligation as an agent facilitating linked travel service arrangements in accordance to Part A Section II and the legal consequences of failing to meet such statutory obligations, Tourlane shall in the cases described in Section 1.2 and 1.3 neither act as a travel package tour operator nor as a liable provider of any of the singular flight transport services facilitated by Tourlane. Tourlane shall hence bear no liability whatsoever, neither in relation to any information published by respectively relevant providers of the flight services facilitated by Tourlane as regards prices and service quality nor in relation to the performance of these facilitated flight services as such nor in relation to any damages arising in connection with the provision of such arranged flight services.
1.5. By acting as a facilitating agent, Tourlane is especially under an obligation to fulfil the following duties: a. When advertising a flight travel service, Tourlane shall clearly indicate that Tourlane merely acts as an agent in relation to such service and identify the respectively responsible service provider in each case; b. Tourlane shall state the price of each flight travel service arranged by Tourlane acting as an agent separately from the price of the travel package provided by Tourlane; c. Tourlane shall issue booking confirmations in relation to arranged flight travel services in accordance with the above provisions and separately.
2. Conclusion of Contractual Relationship / Customers’ Obligations
2.1. By way of the customer’s booking request, the customer furnishes a binding offer to Tourlane to conclude the travel package contract.
2.2. The customer’s booking request may be placed in writing, orally, electronically or by telephone and is considered a booking by the customer. The contract is concluded upon respective acceptance by Tourlane. The travel participant is bound by his offer 5 days from the date of filing. The corresponding travel package contract is concluded upon the client receiving Tourlane’s acceptance which is given by way of Tourlane’s booking confirmation. Upon or immediately subsequent to the conclusion of the travel package contract, Tourlane shall provide the client with a corresponding booking confirmation document which shall be compliant with the statutory provisions defining such a booking confirmation’s necessary contents. The booking confirmation document shall be issued on a pre-servable medium, i.e. in such a manner which shall allow for the client to keep or store the booking confirmation document as provided by Tourlane, in order to access same at any moment within an adequate period of time (e.g. on paper or by way of an email attachment), provided the client is not entitled to a booking confirmation document on paper in accordance with Article 250 Section 6 Subsection (1) second sentence EGBGB (Introductory Code to the German Civil Code) which applies in cases where the travel package contract is concluded in the physical presence of both parties or in cases where it is concluded outside business premises as defined in Section 312b BGB (German Civil Code).
2.3. In relation to any customer bookings made not only for the customer him/herself but also for and on behalf of fellow travellers, the customer shall be liable for the contractual obligations of such fellow travellers in the same way as for its own contractual obligations, provided the customer has expressly undertaken to assume such fellow travellers’ obligations by way of a separate declaration to this effect..
2.4. If the booking confirmation communicated by Tourlane differs in any way from the booking placed by the customer, such confirmation shall constitute a new offer by Tourlane to which it shall be bound for a period of 10 days. The travel package contract shall be concluded on the basis of this new offer, provided Tourlane has indicated such amendments to the customer and has duly fulfilled its pre-contractual information duties in relation thereto and provided moreover, the customer has accepted same, either expressively or tacitly by way of effecting payments in this regard.
2.5. Any and all information provided by Tourlane prior to conclusion of the travel package contract in relation to material specifics of the travel services, the travel package price and any additional costs, the conditions of payment, the minimum number of travel participants and standard cancellation fees - in accordance with Article 250 Subsection 3 numbers 1, 3 to 5 and 7 EGBGB (Introductory Code to the German Civil Code) – shall not become subject to the travel package contract only if this has been explicitly agreed upon by and between Tourlane and the customer.
2.6. Tourlane advises the customer herewith that, according to the applicable statutory provisions (Section 312 Subsection (7), 312 g Subsection (2) Sentence 1 No. 9 BGB – German Civil Code), the customer shall not be entitled to any right of revocation in relation to travel package contracts which according to Sections 651a and 651c BGB (German Civil Code) have been concluded remotely (i.e. by way of letter, brochure, telephone, telefax, E-Mail, mobile phone, mobile text message, as well as by radio broadcast, television and online services). The customer’s statutory rights to cancellation, especially his/her cancellation rights according to Section 651 h BGB (German Civil Code) (see also Clause 8 below) shall remain unaffected. The customer shall however be entitled to revocation if the travel package contract has been concluded outside of business premises, unless the oral negotiations on the basis of which the travel package contract was subsequently concluded were conducted due to the customer’s respective request in which case, in turn, the customer shall have no right of revocation.
3. Travel Price and Payment, Travel Documents
3.1. Prior to complete fulfilment of all services which are to be provided by Tourlane under the travel package contract, Tourlane and its agents shall only be allowed to collect customer payments in relation to the travel package price, provided that a valid contract for the purposes of insuring or guaranteeing such customer payments (Kundengeldabsicherung) in accordance with Section 651r BGB (German Civil Code) exists and that the customer has been provided with a corresponding security certificate (Sicherungsschein) which distinctly and comprehensibly as well as prominently displays the insuring or guaranteeing party’s name and contact information. Following the conclusion of the travel package contract and upon such aforementioned security certificate having been provided to the customer, an advance payment amounting to 25 % of the travel package price shall become due for payment by the customer to Tourlane. Payment of the residual balance amount shall become due for payment 30 days prior to Tourlane commencing the provision of services under the of travel package contract, provided the aforementioned security certificate has been duly submitted to the customer and the travel package contract can no longer be cancelled for the reasons specified under Clause 10 below. In relation to bookings which are placed within a term shorter than 30 days prior to travel services commencing the entire travel package price shall be payable immediately upon booking.
3.2. If the customer fails to pay the advance payment and/or the residual balance in accordance with the agreed payment terms, despite Tourlane having duly fulfilled its statutory information duties and being ready and able to duly perform the contractual travel package services, and provided moreover, the customer does not hold any legal or contractual right to retain such payments, Tourlane will submit to the customer a reminder notice defining a period within which the customer is to effect such overdue payments and announcing that, in the event of the customer continuing to fail effecting such payments, Tourlane will rescind the travel contract and charge to the customer cancellation fees in accordance with the provisions of Clause 8 below.
3.3. Cancellation fees, processing and booking amendment 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 arrival, 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 package price for all payments by American Express credit cards.
4.1. Tourlane’s individual offer based on the description of the travel package offered and based on any supplementary information as provided by Tourlane (such as classification specifications e.g.) as provided and available to the client at the time of his/her booking shall define the scope of the travel package contract services.
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. Amendments (other than Price Increases) of the Travel Package Contract Applied Prior to Performance
5.1. Any amendments becoming necessary in relation to material specifics of travel services after conclusion of the respectively underlying travel package contract and prior to commencing performance of the corresponding travel services shall only be allowed if such amendments are not substantial to and do not impair the overall nature of the contractually agreed travel package services. The aforementioned shall not apply if such amendments become necessary due to Tourlane having acted in breach of good faith.
5.2. Tourlane shall be under an obligation to, without undue delay, clearly, comprehensibly and prominently inform the customer by way of a pre-servable medium about any amendments relating to travel services under the travel package contract upon Tourlane receiving knowledge of the reasons which make such amendment necessary.
5.3. In the event of any substantial amendments becoming necessary in relation to material specifics of travel services or in case of any changes arising with respect to special customer requests, the customer shall be entitled to, within an adequate period defined by Tourlane, when informing the customer about the relevant amendment or change, either accept the amendment or cancel the travel package without incurring any cancellation fees or accept the provision of an alternative travel package, if Tourlane has offered such an alternative. If the customer fails to cancel the travel package contract within the period defined by Tourlane the amendment shall be deemed to have been accepted by the customer.
5.4. Any and all warranty claims remain unaffected as far as the amended travel services are deficient in any way or have not been duly fulfilled. If, in relation to the amended travel package or in relation to an alternative travel package (provided such has been offered by Tourlane at a quality of same value and at the same price) the costs expended by Tourlane in this regard are lower, Tourlane shall be under an obligation to refund to the customer the difference amount in accordance with Section 651m BGB (German Civil Code).
6. Unused Services
In the event that, for reasons that fall into the traveller’s scope of responsibility and, in relation to which the traveller holds no statutory right to cancel the travel package contract free of charge, the traveller fails to utilise individual travel services despite having been duly offered the provision of same (e.g. due to early return or for other compelling reasons), the traveller shall not be entitled to a pro-rata refund of the contractually agreed travel package price. Tourlane shall apply reasonable endeavours to obtain refunds of any accordingly unexpended costs from its suppliers. Such obligation shall not apply if the respectively unused services are absolutely insignificant. Tourlane is entitled to deduct a processing fee of £40 from the amount to be refunded and to retain it as compensation for the additional work involved. Section 8.5. shall apply accordingly. The client shall retain the right to positively prove that Tourlane has incurred no damages or damages which are substantially lower than the processing fee claimed.
7. Information Duties in relation to Airline Carrier’s Identity
7.1. In accordance with the EU-Regulation for the Information of Commercial Flight Passengers about the Performing Airline Carrier’s Identity, Tourlane shall inform customers prior to or latest at the time of the relevant booking about the identity of each airline carrier performing services within the scope of the booked travel package. If at the time of booking, the identity of any performing airline carrier is not yet certain, Tourlane shall be under an obligation to identify the airline carrier(s) which at that time is/are probably expected to provide the flight service(s). As soon as it has been ascertained which airline carrier will perform the flight service, Tourlane will inform the customer accordingly. In the event of any changes as regards the performing airline carrier, Tourlane will inform the customer accordingly without undue delay and as swiftly as possible with reasonably adequate means. The so-called “Black List” which, according to the EU Regulation lists all airline carriers which are banned from entering the air space of EU member states, is displayed on Tourlane’s websites and Tourlane’s business offices or can be accessed directly online at https://ec.europa.eu/transport/modes/air/safety/air-ban_en.
8. Customer Cancellations prior to Commencement of Provision of Travel Services and Substitute Traveller
8.1. The customer can withdraw from the trip at any time prior to departure. Decisive is the receipt of the declaration of withdrawal at Tourlane. Travel customers are advised to declare their withdrawal in writing.
8.2. In the event of a customer cancelling the booked travel package prior to commencement of their provision by Tourlane or if the customer fails to utilise the travel services (no show), Tourlane shall have no right to claim payment of the contractually agreed travel price. Instead, Tourlane shall be entitled to claim payment of adequate compensation in consideration of preparations made and costs incurred by Tourlane at the time of the cancellation being notified to it. Such adequate compensation shall be calculated on the basis of the contractually agreed travel service price. The aforementioned shall however not apply if the customer’s cancellation is caused by reasons falling into the scope of Tourlane’s responsibility or if the cancellation was caused by the occurrence of unavoidable, extraordinary circumstances at or in direct proximity to the customer’s destination which would materially impair the provision of travel services at or the carriage of passengers to the customer’s destination. Circumstances shall be deemed unavoidable and extraordinary, if they cannot be controlled by Tourlane and if their consequences remain unavoidable despite Tourlane having taken all reasonable measures to avoid them.
8.3. The below mentioned standard compensation charges have been calculated by way of Tourlane duly taking into account any and all costs which usually remain unexpended as well as any and all proceeds usually generated by way of selling unutilized travel services to other customers or making use of same otherwise. The standard compensation charges are applied as follows, depending on the date on which Tourlane receives notice of the customer’s cancellation:
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. In any event, the customer shall retain the right to positively prove that Tourlane has incurred no damages or damages which are substantially lower than the standard charge claimed in accordance with the above mentioned standard compensation charges.
8.6. Tourlane reserves the right to claim a higher concretely calculated compensation amount, provided Tourlane proves that it has incurred substantially higher expenses than the respectively applicable standard charge. In such event, Tourlane shall be obliged to concretely specify and substantiate the accordingly claimed higher compensation amount, by way of duly taking into consideration any unexpended costs as well as any and all proceeds generated by way of selling the unutilized travel services to another customer or by way of making use of same otherwise.
8.7. In the event of Tourlane being obliged to refund the travel package price due to the customer’s cancellation, it shall do so without undue delay, at least within a maximum period 14 days following the date on which Tourlane received notification about the cancellation.
8.8. The customer’s legal right pursuant to Section 651 e BGB (German Civil Code), to, on a pre-servable medium, demand that instead of the customer a third person is to enter into the travel package contract, remains unaffected by the above provisions.
8.9. The conclusion of an insurance covering baggage loss, accidents and health while travelling 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. Amendments to Bookings
9.1. The customer shall have no right to claim amendment of the booked time, place of destination or departure, accommodation, the means of transport as well as the place of boarding or disembarking (booking amendments). This shall not apply, if, Tourlane has either failed to provide or has provided insufficient or incorrect information to the customer/traveller prior to concluding the travel package contract as provided in Article 250 Section 3 EGBGB (Introductory Code to the German Civil Code), in which case the booking amendment must be made free of charge. If a booking amendment is possible and applied in accordance with the customer’s request, Tourlane, provided the timelines defined below are duly observed, shall be entitled to charge a booking amendment fee per person affected by such requested change. Unless specifically agreed otherwise prior to Tourlane accepting a booking amendment request, the fee for booking amendments which are applied up to the time of the respectively defined second periods, as mentioned in the respectively relevant cancellation fee category in Clause 9. above, shall amount to £40 per affected traveller.
9.2. Any customer request to amend travel bookings which are communicated at any time later than within the aforementioned period, provided such change is possible at all, may only be applied by way of the customer cancelling the travel contract in accordance with Clause 8 above and the conditions provided herein while simultaneously placing a new booking. This shall however not apply in relation to booking amendment requests which incur only minor costs.
10. Cancellation due to Falling Short of Minimum Number of Booked Participants
10.1. Tourlane shall be entitled to cancel the travel package contract due to failing to generate a minimum amount of participant bookings in accordance with the following rules:
The minimum number of participants and the latest time at which a booking may be cancelled by Tourlane has been accordingly mentioned within the information provided by Tourlane prior to concluding the travel package contract.
The minimum number of participants and the latest time at which a booking may be cancelled by Tourlane must be mentioned also in Tourlane’s booking confirmation or the booking confirmation.
Tourlane shall be obliged to without undue delay, notify travel customers of any cancellations becoming necessary once it has been ascertained that the travel package contract will not be performed due to not reaching the minimum number of bookings.
Any such cancellation by Tourlane that is notified later than 30 days prior to commencement of the affected travel package contract shall not be allowed.
If no travel service under the travel package contract is performed for the aforementioned reasons, the customer shall be fully refunded any and all payments previously paid to Tourlane without undue delay Clause 8.7. above applies accordingly.