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| 1. Conclusion of the Holiday Contract |
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a) A booking is the customer’s binding offer to enter into a holiday contract with the tour operator TRAVEL-TREX Reisen GmbH, following referred to as “TT”. The bases of this offer are the holiday descriptions and supporting information from TT for the respective holiday, as far as these are available.
b) Holiday intermediaries (i.e. travel agents) and service suppliers (i.e. hotels, transport companies) are unauthorised to make agreements, to offer information, or to make warranties that alter the agreed upon content of the holiday contract, deviate from the contractually stipulated services of TT, or contradict the holiday description. Resort and hotel prospectuses that are not edited by TT are not binding for TT and its service obligations, as far as they are not made a matter of the holiday description or content of the service obligations by TT through express agreement with the customer.
c) The booking can be made in writing, in person, by telephone, by fax, by internet, or by e-mail. The contractual partner is responsible for his own contractual obligations, as well as those for whom he is booking, providing he is separately and explicitly authorised to do so. In the case of electronic bookings, TT immediately and electronically confirms the receipt of the booking. This confirmation of receipt does not represent the acceptance of the holiday booking contract.
d) The contract comes into existence upon TT’s acceptance. The acceptance of the contract does not require a specific form. Upon or directly after the acceptance of the contract, TT will provide the customer with a written Booking Confirmation. TT is not obligated to issue a written Booking Confirmation when the booking occurs less than seven working days before the holiday start date.
e) If the content of the Booking Confirmation deviates from the content of the booking, TT has made a new offer, to which TT is committed for a period of ten days. The contract comes into existence on the basis of this new offer if the customer expresses his acceptance within the stipulated period, either by express consent, payment of deposit, payment of balance, or participation in holiday.
f) If the tour operator’s terms and conditions are not available to the customer at the time of telephone booking, they will be sent together with the Booking Confirmation and will become part of the contract according to the procedure in Clause 1e).
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| 2. Payment and Travel Documents |
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a) Payments of the holiday price before the holiday may only take place upon the delivery of the Security of Deposit for Package Tours in accordance with Paragraph 651 k of the Civil Code (BGB). Immediately after the conclusion of the contract and delivery of the Security of Deposit, a deposit payment generally to the amount of 20% of the holiday price is due. The balance payment is due 42 days before the beginning of the holiday. Should the booking occur within 42 days of the beginning of the holiday, the full holiday price is due immediately.
b) Should the customer fail to make the deposit and/or the balance payment within the contractually stipulated period, TT is authorised, after issuing a warning letter appointing another due date, to withdraw from the holiday contract and charge the customer cancellation costs according to Clause 4.
c) Travel documents will be sent only after TT’s receipt of full payment.
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| 3. Amendments in Service |
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a) Amendments or deviations of individual holiday services from the agreed-upon content of the holiday contract, which have become necessary after conclusion of the contract and which have not been effected by TT in breach of good faith, are only permitted as far as the amendments or deviations are insignificant and do not detract from the overall quality of the booked holiday. Possible claims to warranty remain unaffected if the amended services are faulty.
b) TT is obligated to inform the customer immediately about amendments or deviations in service. If necessary, TT will offer the customer the option to alter his booking or to withdraw from the contract, both free of charge. In case of a considerable change of a basic service, the customer is entitled to withdraw from the holiday contract free of charge or to request participation in a holiday of at least the same value, if TT is in position to offer such a holiday from its programme at no extra cost for the customer. The customer must assert these rights immediately after TT’s declaration regarding the amendment of the holiday service.
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| 4. Withdrawal by the Customer Before Beginning of the Holiday |
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a) The customer can withdraw from the holiday at any time before the beginning of the holiday. Authoritative is the receipt of the withdrawal declaration by TT (see address below) or by the travel agent with whom the holiday was booked. We recommend that customers declare their withdrawal in writing. Travel documents already delivered to the customer are to be returned to TT without delay. Should the customer withdraw from the holiday contract in full or in part, or in the case of a no-show, TT loses the right to the holiday price. In lieu thereof, TT reserves the right to demand compensation for made holiday arrangements and expenditures, as far as the withdrawal is not the responsibility of TT or the result of force majeure. To be considered in the calculation of the compensation are general set aside expenditures and customary possible use of third-party service providers.
b) TT reserves the right to calculate the compensation claim as a percentage of the holiday price, taking into account the period of time between the date of withdrawal and the contractually-stipulated start date of the holiday, based on the rates found in the following outline: In the case of withdrawal up to 30 days before start date 20%, up to 15 days before start date 40%, up to 8 days before start date 70%, and from 7 days before start date and in the case of no-shows 90% of the holiday price will be charged.
For the complete cancellation (not the cancellation of single participants) of accommodations for 10 persons and more, the following rates are applicable: up to 16 weeks before start date 20%, up to 12 weeks before start date 30%, up to 8 weeks before start date 40%, up to 4 weeks before start date 60%, up to 15 days before start date 70%, up to 8 days before start date 80%, and from 7 days before start date and in the case of no-shows 90% of the holiday price. If the withdrawal notice reaches us outside of our business hours (Mo-Th 08:00-17:00 h, Fr 08:00-14:30 h UK time), the next working day is regarded as the date of withdrawal.
c) According to § 651 I Abs. 2 BGB (German Law), TT reserves the right to demand the actual accrued loss from the customer, which corresponds to the holiday price less set aside expenditures and possible use of third-party service providers.
d) Should one or more persons from a group withdraw from the holiday, in that the accommodation (for example double room, apartment) continue to be occupied by the remaining persons, the withdrawal costs will generally be calculated according to Clause 4b (independent of the date of withdrawal).
e) The customer is at liberty to prove to TT that the loss arisen is none or considerably lower than the sum demanded.
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| 5. Amendments to the Booking |
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a) After the conclusion of the contract, the customer has no claim to amendments regarding the holiday dates, the holiday destination, the location of journey’s begin, the accommodation or the type of transportation (amendment in booking). Should, at the request of a customer, an amendment be conducted, TT reserves the right, up to 22 days before holiday’s start date, to demand an amendment fee to the amount of €25 per person. Customer requests regarding the amendment of a booking made within 21 days of the holiday start date, provided that the realisation is even possible, will only be carried out after withdrawal from the holiday contract according to Clause 4 with simultaneous new booking. This does not apply to amendment requests that require only minor effort. Should the amendment to the booking involve a partial cancellation (for example, amendment from coach journey to self-drive), we reserve the right to proceed according to Clause 4.
b) Up to the beginning of the holiday, the customer can request that a third party enters in his place into the rights and responsibilities arising from the holiday contract. In this case an amendment fee of €25 will be due. TT can oppose the entry of the third party if he does not meet the particular holiday requirements or his participation is opposed to by legal regulations or official directives. If a third party enters into the contract, he and the original participant are liable towards TT as co-debtors for the holiday price and the additional costs arising from the entry of the third party.
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| 6. Services not used by Customer |
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Should the customer due to his own reasons not use particular holiday services duly offered him (for example because of an early return journey or other compelling reasons), he has no claim for a proportionate refund of the holiday price. TT will try to get a refund from the service provider for the saved expenses. This obligation does not apply when it concerns fully insubstantial services or if the refund is opposed to legal or official directives.
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| 7. Termination due to Behavioural Reasons |
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TT reserves the right to withdraw from the holiday contract without adherence to a time limit if the customer irrespective of a warning from TT effectively disturbs the realisation of the holiday or if he behaves in such a way contrary to the contract that justifies the immediate nullification of the holiday contract. Should TT cancel, TT retains the right to the holiday price, however TT must deduct the value of the saved expenses and the advantages that TT recovers from the unused services utilised elsewhere, inclusive of the amounts TT has recovered from service providers.
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| 8. Obligations of the Customer |
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a) Notice of complaint: Should the holiday not be made according to contract, the customer has the right to request redress. The customer is however obligated to notify TT without delay of an arisen holiday defect. This does not apply only when the complaint is recognisably unreasonable or is unacceptable due to other reasons. The customer is obligated to notify the holiday representative at the holiday destination of his notice of complaint without delay. Should a holiday representative not be available at the holiday destination, TT should be notified at its registered office of possible holiday defects. The customer will be informed in the service description, or at latest in the holiday documents, of the availability of the holiday representative or TT. The holiday representative is instructed to arrange for a remedy, in as far as this is possible. He is however not authorised to honour customers’ claims.
b) Appointment of period before cancellation: Should a customer desire to cancel the holiday contract because of a holiday defect in the type designated by § 651 c BGB (German law) according to § 651 e BGB (German law), or from important reason recognised by TT because of unacceptability, he must beforehand set a reasonable time limit for the payment of redress by TT. This does not apply only when redress is not possible or denied by TT, or when the immediate cancellation is justified by a special interest of the customer that is evident to TT.
c) Loss and delay of baggage: For losses or delays in delivery resulting through air travel, TT urgently recommends you to notify the responsible airline company immediately and on the spot by means of notice of loss (P.I.R). Airline companies generally decline refunds when the notice of loss is not filled in. The notice of loss is to be reported within 7 days in the case of loss of luggage and within 21 days after delivery in the case of delay. Incidentally, the loss, damage, or mishandling of luggage is to be reported to the holiday representative or local representation of TT.
d) Holiday documents: The customer is obligated to inform TT if he has not received the holiday documents (for example flight ticket, hotel voucher) with the period of time communicated by TT.
e) Obligations towards the minimisation of losses: The customer is obligated to prevent the occurrence of a loss as best possible and to keep incurred losses low. In particular he is to advise TT on the risk of a loss.
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| 9. Limitation of Liability |
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a) TT’s contractual liability for claims that are not personal injury is limited to three times the holiday price, as far as a customer’s loss is neither intentional nor the result of gross negligence, or as far as TT is responsible for a loss to the customer only by fault of a service provider.
b) TT’s tortious liability for property damage without prejudice to premeditation or gross negligence is limited to three times the holiday price. This maximum amount of liability is valid per customer and holiday. Potential additional claims associated with holiday luggage according to the Montreal Convention remain unaffected by the limit. In this regard, the customer is highly recommended to conclude a holiday accident and luggage insurance.
c) TT is not liable for interruptions in services, personal injury, and property damage in connection with services that are solely arranged as external services (for example operation of the ski lifts, ski bus, etc.) and are expressly labelled as external services in the holiday description.
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| 10. Exclusion from Claims and Statute of Limitations |
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a) The customer must assert claims concerning holiday provisions not according to contract within one month of the scheduled holiday’s end. During this period, the claim can only be carried out by way of TT (see address below). After the expiration of the period, the customer can only assert claims if he was, independent of negligence, prevented from complying with the deadline. This does not apply towards the term for the registration of damage of luggage, delay of delivery, or loss of luggage in connection with flights according to Clause 8c. These are to be registered within 7 days of loss of luggage and 21 days after delivery of delay of luggage.
b) Customer’s claims according to § 651 c-f BGB (German law) become time-barred in a year. The limitation of time begins on the day that the holiday is contractually stipulated to end. Should negotiations be pending between the customer and TT regarding the claim or the conditions founding the claim, the limitation of time is inhibited until the customer or TT refuses the continuation of the negotiations. The limitation of time commences at least 3 months after the end of the inhibition.
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| 11. Identity of the Operating Airline Company |
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TT is obligated to inform the customer about the identity of the operating airline company and its respective “Conditions of Carriage” within the scope of the booked holiday at the time of booking. If the operating airline company is not yet determined at the time of booking, TT is obligated to advise the customer of the airline company or companies which may conduct the flight. As soon as TT knows which airline company will conduct the flight, TT will inform the customer. Should there be a change in the operating airline company named to the customer, TT must ensure that the customer is informed of the change as quickly as possible.
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| 12. Passport, visa and health regulations |
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a) It is the responsibility of the holiday participant to enquire about respective visa requirements at the embassy or consulate of the destination country.
b) TT is not liable for the timely issue and acquisition of necessary visas by the respective diplomatic agencies, if the customer has commissioned TT with the procurement, unless TT is responsible for the delay.
c) The customer is responsible for the procurement and entrainment of necessary travel documents, possible required vaccinations, as well as the compliance with customs and exchange control regulations. All disadvantages, especially the payment of withdrawal charges, which arise from the non-compliance with these regulations, are the liability of the customer, unless they are due to negligent incorrect or insufficient information from TT.
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| 13. Choice of Law and Jurisdiction |
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The contractual relationship between the customer and TT is subject to German law. This also applies for the entire legal relationship. As far as customer's legal proceedings against TT for the liability of TT take place abroad on the merits of non-German law, solely German law will apply with respect to the legal consequences, especially with respect to the type, extent, and amount of claims of the customer.
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| 14. Place of Jurisdiction |
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a) The customer can only institute legal proceedings against TT at the TT’s registered office. The place of jurisdiction of TT is Cologne, Germany. For legal proceedings initiated by TT against the customer, the customer’s place of residence is authoritative. For legal proceedings against customers or contractual partners of the holiday contract, who are business people, legal entities of the public or private law, or persons whose place of residence or usual residence is abroad, or whose place of residence or usual residence is unknown at the time of legal proceedings, the place of jurisdiction will be agreed upon as the registered office of TT.
b) The preceding terms are not valid if and as far as the contractually-stipulated terms (not subject to contrary agreement) of international convention, which apply to the holiday contract between the customer and TT, lead to something else in favour of the customer, or if and as far as the terms (not subject to contrary agreement) which are applicable to the holiday contract in the EU-country to which the customer belongs are more favourable for the customer than the subsequent terms or the corresponding German rules and regulations.
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| 15. Severability |
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The invalidation of individual terms of the holiday contract does not result in the invalidation of the entire holiday contract.
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Tour operator: Travel-Trex Reisen GmbH, Bonner Str. 484-486, 50968 Cologne, Germany, HRB 31998, Local Court Cologne, Managing Directors: Andreas Rühl, Thomas Bartel. SnowTrex is a product of Travel-Trex Reisen GmbH. Date: 16.08.06.
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