Dear travel guest, we kindly ask you to read the following travel conditions carefully. These travel conditions, if effectively agreed, become the content of the package travel contract concluded between the customer or traveller - hereinafter referred to as "traveller" - and the Ferienregion Nationalpark Bayerischer Wald GmbH, hereinafter abbreviated to "FNBW". 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). These travel conditions apply exclusively to FNBW package tours. They do not apply to the procurement of third-party services (such as guided tours and admission tickets) and do not apply to contracts for accommodation services or their procurement.
1 Conclusion of the travel contract, obligations of the traveller
1.1 The following applies to all booking channels: a) The basis of the offer by FNBW and the booking by the traveller is the travel description and the supplementary information provided by FNBW for the respective trip, insofar as these are available to the traveller at the time of booking. b) If the content of the travel confirmation by FNBW deviates from the content of the booking, this constitutes a new offer by FNBW, to which FNBW is bound for a period of 10 days. The contract is concluded on the basis of this new offer, insofar as FNBW has pointed out the change with regard to the new offer and has fulfilled its pre-contractual information obligations and the traveller declares acceptance to FNBW within the binding period by means of an express declaration or down payment. c) The pre-contractual information provided by the organiser regarding essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees (in accordance with Article 250 § 3 number 1, 3 to 5 and 7 EGBGB) will only not become part of the package travel contract if this has been expressly agreed between the parties. d) The traveller is liable for all contractual obligations of fellow travellers for whom he makes the booking as for his own, insofar as the traveller has assumed a corresponding obligation by express and separate declaration.
1.2 The following applies to bookings made verbally, by telephone, in writing, by e-mail or fax: a) By making a booking, the traveller makes a binding offer to FNBW to conclude the package tour contract. The booking is binding for 8 working days. b) The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) by FNBW. Upon or immediately after the conclusion of the contract, FNBW will send the traveler a travel confirmation in accordance with the legal requirements on a permanent data medium (which enables the traveler to keep or store the declaration unchanged in such a way that it is accessible to the traveler within a reasonable period of time, e.g. on paper or by email), unless the traveler is entitled to a travel confirmation in paper form in accordance with Art. 250 § 6 Para. (1) Sentence 2 EGBGB (Introductory Act to the German Civil Code) because the conclusion of the contract took place in the simultaneous physical presence of both parties or outside of business premises.
1.3 In the case of bookings made by electronic means (e.g. internet, app, telemedia), the following applies to the conclusion of the contract: a) The process of electronic booking will be explained to the traveller in the corresponding application of FNBW. b) The traveller has a corresponding correction option available for correcting his entries, deleting or resetting the entire booking form, the use of which will be explained. c) The contractual languages offered for the execution of the online booking are indicated. Only the German language is legally authoritative. d) Insofar as the text of the contract is stored by FNBW in the online booking system, the traveller will be informed of this and of the possibility of retrieving the text of the contract at a later date. e) By pressing the button "book with obligation to pay", the traveller offers FNBW the binding conclusion of the package tour contract. The traveller is bound by this contractual offer for 8 working days after sending the electronic declaration. f) The traveller will receive electronic confirmation of the receipt of his booking without delay. g) The transmission of the booking by pressing the button "book with obligation to pay" does not constitute a claim on the part of the traveller to the conclusion of a package tour contract in accordance with his booking details. Rather, FNBW is free to decide whether or not to accept the traveller's offer of a contract. h) The contract comes into effect when the traveller receives the travel confirmation from FNBW. i) If the travel confirmation is made immediately after the traveller has made the booking by pressing the button "book with obligation to pay" through the corresponding direct display of the travel confirmation on the screen (booking in real time), the package travel contract comes into effect with the receipt and display of this travel confirmation by the traveller on the screen, without the need for any intermediate notification of the receipt of his booking in accordance with f). Insofar as the traveller is offered the possibility of storing the travel confirmation on a durable medium and printing it out. However, the binding nature of the package travel contract is not dependent on the traveller actually using these options for storage or printing. FNBW will also send the traveller a copy of the travel confirmation in text form. 1.4.
1.4 FNBW points out that, in accordance with the statutory provisions (§§ 312 Para. 7, 312g Para. 2 Sentence 1 No. 9 BGB) there is no right of cancellation for package travel contracts in accordance with § 651a and § 651c BGB which have been concluded by means of distance selling (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 in accordance with § 651h BGB (see also section 4). However, there is a right of withdrawal if the contract for travel services according to § 651a BGB has been concluded outside business premises, 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.
2.1 FNBW and travel agents may only demand or accept payment of the tour price prior to the end of the package tour if an effective customer money protection contract exists and the traveler has been provided with the protection certificate with the name and contact details of the customer money protector in a clear, understandable and prominent manner. After conclusion of the contract, a deposit of 20 % 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 trip, provided that the security certificate has been handed over and the trip can no longer be cancelled for the reason stated in clause 8. In the case of bookings made less than 30 days before the start of the tour, the entire tour price is due for payment immediately.
2.2 In deviation from the provisions in section 2.1, the handover of a chattel paper as a prerequisite for the due date of payment is not required if the package does not include transportation to the place of performance of the package travel services and/or back and, in deviation from section 2.1, it is agreed and noted in the travel confirmation that the entire travel price is due for payment at the end of the stay without prior down payment after completion of the package.
2.3 If the traveller does not make the deposit and/or the final payment in accordance with the agreed payment terms, although FNBW is willing and able to properly provide the contractual services, FNBW has fulfilled its legal obligations to provide information and there is no legal or contractual right of retention on the part of the traveller, FNBW is entitled to withdraw from the package tour contract after issuing a reminder with a deadline and to charge the traveller with withdrawal costs in accordance with section 4.
3. changes to the content of the contract before the start of the trip that do not affect the price of the trip
3.1 FNBW is permitted to make changes to essential features of the travel services prior to the start of the trip that become necessary after the conclusion of the contract and that were not caused by FNBW in bad faith, provided that the changes are insignificant and do not affect the overall nature of the trip.
3.2 FNBW is obligated to inform the traveler about changes in services immediately after becoming aware of the reason for the change on a permanent data medium (e.g. also by email, SMS or voice message) in a clear, comprehensible and prominent manner.
3.3 In the event of a significant change to an essential characteristic of a travel service or a deviation from special requirements of the traveller that have become part of the package travel contract, the traveller is entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period set by FNBW at the same time as notification of the change. If the traveller does not expressly declare his withdrawal from the package travel contract within the period set by FNBW, the change is deemed to have been accepted.
3.4 Any warranty claims remain unaffected insofar as the changed services are defective. If FNBW had lower costs for the implementation of the changed trip or a possibly offered substitute trip with equivalent quality at the same price, the customer must be reimbursed the difference in accordance with § 651m Para. 2 BGB.
4 Cancellation by the traveller, rebooking
4.1 The traveller may withdraw from the package tour contract at any time before the start of the tour. The withdrawal must be declared to FNBW at the address given below. If the trip was booked through a travel agent, the cancellation can also be declared to the agent. The customer is advised to declare the withdrawal in text form. 4.2.
4.2 If the customer withdraws before the start of the trip or does not start the trip, the tour operator loses the claim to the price of the trip. Instead, FNBW can demand reasonable compensation, insofar as FNBW is not responsible for the withdrawal. FNBW cannot demand compensation insofar as extraordinary circumstances occur at the destination or in its immediate vicinity which considerably 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 tour operator and their consequences could not have been avoided even if all reasonable precautions had been taken.
4.3 FNBW has determined the following lump sums for compensation taking into account the period of time between the notice of cancellation and the start of the trip as well as taking into account the expected saving of expenses and the expected acquisition through other uses 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: a) up to 30 days before the start of the trip 20% of the trip price b) from the 29th to the 22nd day before the start of the trip 25% of the trip price c) from the 21st to the 15th day before the start of the trip 25% of the trip price. c) from the 21st to the 15th day before departure 30% of the tour price d) from the 14th to the 07th day before departure 50% of the tour price e) from the 6th to the 1st day before departure 75% of the tour price f) on the day of departure and in case of no-show 90% of the tour price
4.4 In any case, the traveller is at liberty to prove to FNBW that FNBW has not suffered any loss at all or that the loss is considerably less than the flat-rate compensation demanded by FNBW.
4.5 FNBW reserves the right to demand higher, concrete compensation instead of the above lump sums, insofar as FNBW proves that FNBW has incurred significantly higher expenses than the applicable lump sum. In this case, FNBW is obligated to specifically quantify and prove the requested compensation, taking into account the saved expenses and any other use of the travel services.
4.6 If FNBW is obliged to refund the travel price as a result of a cancellation, it must do so without delay, but in any case within 14 days of receipt of the cancellation notice.
4.7 The legal right of the customer to demand from FNBW in accordance with § 651e BGB (German Civil Code) by means of notification on a permanent data medium that a third party takes over the rights and obligations arising from the package travel contract remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by FNBW 7 days before the start of the trip.
4.8 If, at the request of the traveller, changes are made after conclusion of the contract with regard to the date of travel, accommodation, type of catering or other services (rebooking), FNBW can charge a rebooking fee of € 130,- up to the 31st day before the start of the trip without the traveller having a legal claim to the rebooking and only if this is possible at all. Later rebookings are only possible with withdrawal from the travel contract and rebooking in accordance with the above withdrawal conditions. This does not apply to rebooking requests that only incur minor costs or if the rebooking is necessary because FNBW has provided no, insufficient or incorrect pre-contractual information to the traveller in accordance with Art. 250 § 3 EGBGB.
4.9 The conclusion of travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness is strongly recommended.
5 Obligations of the traveller
5.1 Travel documents: The customer must inform FNBW or his travel agent through whom he booked the package tour if the customer does not receive the necessary travel documents (e.g. hotel voucher, voucher) within the period notified by FNBW.
5.2 Notification of defects / request for remedy: a) If the tour is not free of travel defects, the traveller can request remedy. b) If FNBW was unable to provide remedy as a result of a culpable failure to notify the traveller of defects, the traveller can assert neither claims for a reduction in price according to § 651m BGB nor claims for damages according to § 651n BGB. c) The traveller is obliged to immediately inform the FNBW representative on site of the defect. If a representative of FNBW is not available on site and is not contractually owed, any travel defects must be brought to the attention of FNBW at the notified contact point of FNBW; the traveller will be informed about the availability of the representative of FNBW or his contact point on site in the travel confirmation. The traveller can, however, also bring the notice of defects to the attention of his travel agent through whom he booked the package tour. d) The representative of FNBW is instructed to provide remedy, insofar as this is possible. However, he is not authorised to acknowledge claims.
5.3 Setting a deadline before cancellation: If the traveller wishes to terminate the package travel contract due to a travel defect of the type described in § 651i paragraph (2) BGB, insofar as it is significant, in accordance with § 651l BGB, the traveller must first set FNBW a reasonable deadline for remedial action. This only does not apply if the remedy is refused by FNBW or if the immediate remedy is necessary. 6.
6 Special obligations of the traveller in the case of packages with medical services, spa treatments and wellness offers
6.1 In the case of packages which include medical services, spa treatments, wellness offers or comparable services, it is the responsibility of the traveller to find out before booking, before the start of the trip and before using the services whether the corresponding treatment or services are suitable for him/her, taking into account his/her personal health disposition, in particular any pre-existing complaints or illnesses.
6.2 In the absence of an express agreement, FNBW is not obliged to provide any special medical information or instruction about the consequences, risks and side effects of such services, in particular information tailored to the respective traveller.
6.3 The above provisions apply irrespective of whether FNBW is only an agent for such services or whether they form part of the travel services.
7. limitation of liability
7.1 The contractual liability of FNBW for damages that do not result from injury to life, limb or health and are not culpably caused is limited to three times the travel price.
7.2 FNBW is not liable for service disruptions, personal injury and property damage in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions) if these services are 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 the traveller can recognise that they are not part of the FNBW package tour and have been selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.
7.3 FNBW is, however, liable if and insofar as the damage to the traveller is caused by a breach of FNBW's duties of information, explanation or organisation.
7.4 Insofar as services such as medical services, therapy services, massages or other curative treatments or services are not part of the FNBW package tour and are merely arranged by FNBW in addition to the booked package according to section 7.2, FNBW is not liable for the provision of services or personal injury or damage to property. Liability arising from the agency relationship remains unaffected by this. Insofar as such services are part of the travel services, the FNBW is not liable for the success of the treatment or cure.
8. withdrawal by FNBW due to failure to reach the minimum number of participants
8.1 FNBW can withdraw if the minimum number of participants is not reached in accordance with the following regulations:
8.2 The minimum number of participants and the latest date of receipt of the withdrawal notice by FNBW by the customer must be stated in the respective pre-contractual information.
8.3 FNBW must state the minimum number of participants and the latest cancellation deadline in the travel confirmation.
8.4 FNBW is obliged to inform the customer immediately of the cancellation of the trip if it is clear that the trip will not take place due to the minimum number of participants not being reached.
8.5 Cancellation by FNBW later than 30 days before the start of the trip is not permitted.
8.6 If the trip is not carried out for this reason, the customer will be refunded any payments made towards the price of the trip without delay; section 4.6 applies accordingly.
9. services not used
If the traveller does not make use of individual travel services as a result of an early return journey, illness or other reasons for which FNBW is not responsible, the traveller has no right to a proportional refund. However, FNBW will endeavour to obtain a refund from the service provider, insofar as the amounts involved are not quite insignificant, and will pay the corresponding amounts back to the traveller as soon as and insofar as they have actually been refunded to FNBW by the individual service providers.
10 Assertion of claims, addressee
The customer/traveller must assert claims in accordance with § 651i Para. (3) No. 2, 4-7 BGB (German Civil Code) against FNBW. Claims can also be asserted via the travel agent if the package tour was booked via this travel agent. The contractual claims listed in § 651i paragraph (3) BGB (German Civil Code) are subject to a limitation period of two years. The limitation period begins on the day on which the trip should end according to the contract. A claim in text form is recommended. 11.
11 Choice of law and place of jurisdiction; information on consumer dispute resolution
11.1 For travellers who are not nationals of a member state of the European Union or Swiss citizens, it is agreed that German law shall apply exclusively to the entire legal and contractual relationship between the traveller and FNBW. Such travellers may sue FNBW exclusively at the place of FNBW's registered office. 11.2.
11.2 The place of jurisdiction for legal action by FNBW against travellers or contracting parties to the travel contract who are merchants, legal entities under public or private law or persons whose place of residence or habitual abode is abroad, or whose place of residence or habitual abode is unknown at the time the action is brought, is agreed to be the registered office of FNBW.
11.3 With regard to the law on consumer dispute resolution, FNBW points out that FNBW does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for FNBW after these travel conditions have gone to print, FNBW will inform the consumer of this in an appropriate manner. FNBW refers to the European online dispute resolution platform ec.eu-ropa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions. ---------------------------------------------------------------- © Copyright; Noll | Hütten | Dukic Rechtsanwälte, Munich | Stuttgart, 2019 - 2020 ---------------------------------------------------------------- Tour operator is: Ferienregion Nationalpark Bayerischer Wald GmbH Konrad-Wilsdorf-Straße 1 D-94518 Spiegelau Tel.: +49 8553 8919165 Fax: +49 8553 8919199 E-Mail: email@example.com Passau Local Court, HRB 9115