General terms and conditions

welcome berlin tours GmbH Conditions of Travel for Bookings with effect from 01.07.2018
 

Dear Customers and Travellers,
The following conditions insofar as effectively agreed, shall form the basis of the Package Travel Contract effective from 01.07.2018 which comes into force on conclusion of the Contract between the Customer and wbt GmbH (hereinafter “wbt”). They supplement the statutory provisions in Sections 651 a–y of the German Civil Code and Articles 250 and 252 of the Introductory Act to the German Civil Code and complete the latter.Therefore, please read through these Conditions of Travel carefully!

 
1.    Conclusion of the Package Travel Contract, Customer's Obligations
1.1. The following applies to all booking methods:
a) The offer from wbt and the Customer's booking are based on the travel description and any additional information from wbt for the journey in question, if such information is available to the Customer at the time of booking.
b) Travel agents and booking offices are not authorised by wbt to conclude agreements, give information or issue warranties which amend the agreed content of the Package Travel Contract, exceed the travel description or the services contractually agreed by wbt or which conflict with them.
c) Information in hotel guides and similar listings, which are not issued by wbt, are not binding on wbt or wbt's performance obligations, unless they have become the part of its performance obligations by virtue of express agreement with the Customer.
d) If the content of the travel confirmation by wbt differs from the content of the booking, this constitutes a new offer from wbt, to which wbt is bound for a period of 10 days. The Contract is concluded based on this new offer, insofar as wbt makes reference to the amendment resulting in the new offer and has fulfilled its pre-contractual duty to inform and the Customer declares acceptance within the commitment period by means of an express statement or advance payment to wbt.
e) The pre-contractual information issued by wbt on material features of the travel services, the travel price and any additional costs, the payment methods, the minimum number of participants and the cancellation fees (pursuant to Article 250 Section 3, paragraph numbers 1, 3 to 5 and 7 of the Introductory Act to the German Civil Code) only form part of the Package Travel Contract if this has been expressly agreed between the parties.
f) The Customer is liable for all the contractual obligations of fellow travellers, for whom he makes the booking, and well as his own, insofar as he has accepted such obligation by an express and separate declaration.
1.2. The following applies to bookings made orally in person, by telephone, in writing, by e-mail or by fax:
a) By making a booking the Customer makes a binding offer to wbt to conclude the Package Travel Contract. The Customer is bound by the booking for 10 working days.
b) The Contract becomes effective upon receipt of the travel confirmation (declaration of acceptance) by wbt. Upon or immediately after conclusion of the Contract, wbt shall, in compliance with statutory provisions, send to the Customer a travel confirmation on a permanent data storage device (which allows the Customer to save or store the declaration unamended, such that he can access it within a reasonable period of time, e.g. on paper or by e-mail), unless the traveller is not entitled to a confirmation of travel in paper form pursuant to Article 250 Section 6 (1) 2nd sentence of the Introductory Act to the German Civil Code, because the Contract has been concluded in the physical absence of both parties or was concluded outside the hours of business.
1.3. wbt advises that in accordance with statutory provisions (Sections 312 (7) and 312g (2) 1st sentence point 9 of the German Civil Code) in the case of Package Travel Contracts concluded in terms of Sections 651a and 651c of the German Civil Code in the course of distance-selling (letters, catalogues, telephone calls, faxes, e-mails, radio, or telemedia and online services), there is no right of cancellation; however, the statutory rights of return and of contract termination are available, specifically the right of return pursuant to Section 651h of the German Civil Code (see also Point 5). Right of cancellation does apply, however, if the Contract for Travel Services in accordance with Section 651a of the German Civil Code has been concluded outside the hours of business, unless the oral negotiations on which the conclusion of the Contract relies have been conducted on a prior order from the Customer, in which case there is no right of cancellation.

2.    Payment
2.1. wbt and travel agents may only demand or accept payments on the travel price prior to the end of the Package Travel if there is a valid insurance agreement with a credit institute in place protecting the Customer's payment and a risk coverage certificate clearly stating and highlighting in a comprehensible manner the name and contact details of the credit protection agency has been submitted to the Customer.Once the Contract has been concluded an advance payment in the amount of 10% of the travel price is due for payment against the delivery of the risk coverage certificate. By way of derogation, in the case of school classes no advance payment is required. The payment of the balance is due in the case of school classes 14 days, and in the case of other groups, 30 days prior to the start of travel, provided that the risk coverage certificate has been delivered.
2.2. If the Customer does not pay the deposit and/or the balance in accordance with the agreed due dates for payment, although wbt is prepared and able to perform the contractual services in a proper manner, and has fulfilled its statutory duties to inform and the Customer has no statutory or contractual right of retention, wbt is entitled, having sent a demand for payment setting a period of grace, to withdraw from the Package Travel Contract and to charge the Customer the withdrawal costs pursuant to Point 5.

3.    Amendment of contractual content prior to the start of travel which does not pertain to the travel price
3.1. wbt is permitted to make changes in material features of travel services differing from the agreed content of the Package Travel Contract, which become necessary subsequent to the conclusion of the Contract and which have not been undertaken by wbt in bad faith, provided that such amendments are minor and do not impair the overall design of the itinerary.
3.2. wbt is obliged to inform the Customer about changes to services immediately the reason for amendment is known, on a permanent data storage device (e.g. by e-mail), in a clear, comprehensible and highlighted manner.
3.3. In the event of a substantial change in a material feature of a travel service or divergence from the Customer's particular requirements which have become the content of the Package Travel Contract, the Customer is entitled, within a reasonable period set by wbt at the time of notification either to accept the amendment or to withdraw from the Package Travel Contract free of charge. If the Customer does not expressly declare to wbt within the period set by the latter his withdrawal from the Package Travel Contract, the amendment is deemed to have been accepted.
3.4. Potential warranty claims remain unaffected if the amended services are defective. If wbt incurs lower costs for the provision of the amended travel or a replacement trip offered with equivalent features at the same price, the Customer must be reimbursed the difference in cost in accordance with Section 651m (2) of the German Civil Code.

4.    Price increase; price decrease
4.1. In accordance with Sections 651f and 651g of the German Civil Code and the following provisions, wbt reserves the right to increase the price agreed in the Package Travel Contract, if:
a) an increase in the price for the transport of passengers by virtue of higher costs for fuel or other energy sources;
b) an increase in the taxes and other duties for agreed travel services, such as tourist taxes, port or airport taxes; or
c) a change in the rate of exchange relevant to the package travel
has a direct impact on the travel price.
4.2. The travel price may be increased only if wbt notifies the traveller clearly and comprehensibly in writing of the price increase and the reasons for the increase and encloses and invoice for the price increase.
4.3. The price increase is calculated as follows:
a) In the event of an increase in the price for the transport of passengers in respect of 4.1a) wbt may increase the travel price in accordance with the following calculation:

  • In the event of a price increase for the seat, wbt may require the amount of the increase from the Customer.
  • Otherwise, the additional transport costs required by the transport company per form of transport are divided by the number of seats in the agreed form of transport. wbt may demand the amount of the increase thus arising for the individual seat.

b) In the event of an increase in taxes and other duties in respect of 4.1b), the travel prices may be increased by the corresponding pro rata amount.
c) In the event of an increase in the rate of exchange in respect of 4.1c), the travel price may be increased to the extent that the costs of the trip for wbt have increased.
4.4. wbt is obliged to grant to the Customer/Traveller upon request a decrease in the travel price, if and to the extent that the prices, duties or rates of exchange referred to in 4.1 a)-c) have decreased subsequent to the conclusion of the Contract and prior to the start of travel, and have resulted in lower costs for wbt. If the Customer/Traveller has paid more than the amount owed in terms of the above, the excess amount must be reimbursed by wbt. However, wbt may deduct from the excess amount to be reimbursed the administration costs de facto incurred by wbt. wbt must furnish proof to the Customer/Traveller upon request of the amount of the administrative costs incurred.
4.5. Price increases may be charged to the Customer only until the 20th day prior to the start of travel.
4.6. In the event of price increases of more than 8% the Customer is entitled, within a reasonable period set by wbt at the time of notification of the price increase, either to accept the amendment or to withdraw from the Package Travel Contract free of charge. If the Customer does not expressly declare to wbt within the period set by the latter his withdrawal from the Package Travel Contract, the amendment is deemed to have been accepted.

5.    Withdrawal by-the Customer prior to start of travel/cancellation fees
5.1. The Customer may withdraw from the Package Travel Contract at any time prior to start of travel. Notice of withdrawal must be sent to wbt at the address stated below; if the trip was booked through a travel agent, the travel agent may also be notified of the withdrawal. It is recommended that the Customer notify withdrawal in writing.
5.2. If the Customer withdraws prior to start of travel or if he does not undertake the trip, wbt shall lose any claim to the travel price. Instead, wbt may demand reasonable compensation, unless the withdrawal is attributable to it or unavoidable, exceptional circumstances arise at the place of destination or in the immediate vicinity thereof which substantially impair the performance of the package holiday or the transport of the persons to the place of destination. Circumstances are unavoidable and exceptional when they are beyond the control of wbt and their consequences could not have been avoided, even if all reasonable precautions had been taken.
5.3. wbt has determined the following lump sum compensation with due regard to the period between the notification of withdrawal and the start of travel and with due regard to the anticipated saving on expenses and the anticipated purchase of the travel services by other uses. Compensation is calculated on the following cancellation scale from the date of receipt of the notification of withdrawal as follows:

  • up to the 30th day prior to travel    10 %
  • from the 29th to the 22nd day prior to travel    20 %
  • from the 21st to the 15th day prior to travel    30 %
  • from the 14th to the 7th day prior to travel    50 %
  • from the 6th day prior to travel up to the date of travel or in the event of failure to travel 80% of the travel price.

5.4. In every case, the Customer remains free to prove to wbt that wbt has incurred absolutely no damage, or a substantially lesser damage than the lump sum compensation claimed by wbt.
5.5. wbt reserves the right to claim higher, specific damages instead of the lump sum stated above, provided that wbt proves that it has incurred substantially higher expenses than the lump sum applicable in each case. Should this be the case, wbt is obliged to quantify and substantiate the compensation claimed with due regard to expenses saved and any other use of the travel services.
5.6. If in consequence of a withdrawal wbt is obliged to reimburse the travel price, wbt must make payment without delay, in any case however within 14 days of receipt of the notification of withdrawal.
5.7. The statutory right of the Customer, pursuant to Section 651e of the German Civil Code, to notify wbt on a permanent data storage device that he requires a third party to take his place with regard to the rights and duties arising from the Package Travel Contract remains unaffected by the foregoing provisions. Such notification shall be deemed timely if it is received by wbt 7 days prior to start of travel.
5.8. It is strongly recommended that the Customer conclude insurance against the costs of withdrawal. Insurance to cover the costs of return or repatriation in the event of accident or illness is also strongly recommended.

6.    Unclaimed services
If the Traveller fails to claim individual travel services, which wbt was prepared and able to perform as stipulated in the Contract, on grounds which are attributable to the Traveller, he shall have no claim to partial reimbursement of the travel price, if such grounds had not entitled him to cancel free of charge or to cancel the travel Contract in accordance with the statutory provisions. wbt shall make every endeavour to reimburse the expenses saved by the service provider. This obligation shall cease to apply, if the services in question are completely insignificant.

7.    Obligations of the Customer/Traveller
7.1. Travel documents
The Customer must inform wbt or the travel agent, through whom he booked the package travel, if he does not receive the necessary travel documents (e.g. air ticket, hotel voucher) within the period notified by wbt.
7.2. Notification of defects / remedying of defects
a) If the trip is not provided free of defects, the traveller may demand that the defect be remedied.
b) If wbt is unable to remedy the defect due to a culpable omission of the notice of defect, the Traveller may not assert claims for a reduction in price in accordance with Section 651m of the German Civil Code or for compensation in damages in accordance with Section 651n of the German Civil Code.
c) The Traveller is obliged to draw his notification of defects promptly to the attention of wbt's representative on site.If there is no representative of wbt on site and such a representative was not required by the contract, all travel defects must be brought to the attention of wbt at the contact address notified by wbt; the confirmation of travel shall contain notification on how to contact wbt's representative on site or its contact address on site. The Traveller may, however, also draw the attention of his travel agent, through whom he booked the package holiday, to the notification of defects.
d) wbt's representative is tasked with providing a remedy, insofar as this is possible. He is however not authorised to acknowledge claims.
7.3. Setting a deadline prior to termination
If the Customer/Traveller wishes to terminate the Package Travel Contract on the grounds of a travel defect of the kind specified in Section 651i, paragraph (2) of the German Civil Code, provided that it is substantial, in terms of Section 651 l of the German Civil Code, he must first set wbt a reasonable period to remedy the defect. This ceases to apply only if the remedy is refused by wbt or a remedy is immediately necessary.
7.4. Damaged and delayed baggage during
Air travel; specific regulations and deadlines for claiming a remedy
a) The Traveller is advised that in accordance with the provisions of aviation law, loss of or damage to baggage and delayed baggage related to air travel must be reported immediately by the traveller on site by means of a notice of loss or damage (PIR - property irregularity report) from the airline responsible. Airlines and wbt may refuse to reimburse by virtue of international agreements, if the notice of loss or damage is not filled out. The notice of loss or damage must be reimbursed in the case of damaged baggage within 7 days of delivery, and in the case of delayed baggage, within 21 days of delivery.
b) In addition the loss, damage or the misdirection of baggage must be reported promptly to wbt, its representative or its contact office or to the travel agent. This does not release the traveller from delivering the notice of loss or damage to the airline within the foregoing deadlines pursuant to a).

8.    Limitation of liability
8.1. wbt's liability under the Contract for damages, which do not result from injury to life, limb or health and which is not caused intentionally, is limited to three times the travel price. More extensive claims potentially arising from the Montreal Convention or the Civil Aviation Act remain unaffected by this limitation of liability.
8.2. wbt does not accept liability for disruptions in service, personal injury and damage to property in connection with the services, which have been negotiated solely as third-party services (e.g. flights negotiated, sports event, theatre visits, exhibitions), if these services have been expressly specified in the description of the holiday and travel confirmation and where the identity and address of the contractual partner providing the service as third-party services has been unambiguously identified such that it is evident to the Traveller that these services are not a component of the package travel provided by wbt and have been separately selected. Sections 651b, 651c, 651w and 651y of the German Civil Code remain unaffected in this regard.
8.3. wbt is liable, however, if and to the extent that the breach by wbt of duties of disclosure of information and of organisation was the cause of the loss to the Traveller.

9.    Assertion of claims, recipient
9.1. The Customer/Traveller must assert claims against wbt in accordance with Section 651i, paragraph (3), No. 2 (4-7) of the German Civil Code. The claim may be made via the travel agent, if the package travel was booked through this travel agent. It is recommended that claims are asserted in writing.
9.2. wbt advises that pursuant to 651q of the German Civil Code, it is obliged to offer assistance if the Traveller finds himself in difficulties. In the event, the Traveller may contact wbt at the contact details given below.

10.    Duty to inform about the identity of the operating air carrier
10.1. When the flight is booked wbt shall, in accordance with EU Regulation on informing air transport passengers of the identity of the operating air carrier, inform the Customer of the identity of the operating air carrier prior to or at the latest on booking the flight with respect to all air carriage services booked as part of the travel booked.
10.2. If the operating air carrier(s) is/are not confirmed at the time of booking, wbt is obliged to inform the Customer of the names of the air carrier or air carriers, which will probably operate the flight. As soon as wbt knows which air carrier is operating the flight, wbt shall inform the Customer.
10.3. If the flight is changed to an airline other than that named to the Customer as the operating air carrier, wbt shall promptly and as quickly as is possible by appropriate means inform the Customer of the change.
10.4. The Black List drawn up in accordance with the EU Regulation (airlines forbidden to use the air space above the Member States) can be accessed on wbt Internet sites or directly on http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and can by inspected in wbt's offices.

11.    Passport, visa and health regulations
11.1. wbt shall brief the Customer/Traveller on the general
passport and visa requirements and legal health formalities in the destination country, including the approximate deadlines for obtaining any visa which may be necessary, prior to concluding the Contract and shall brief the Customer on and changes thereto prior to the start of travel.
11.2. The Customer is responsible for obtaining and carrying the travel documents required by government bodies, any vaccinations required and for complying with Customs and currency regulations. Penalties incurred by non-compliance with these regulations, e.g. the payment of return costs, shall be borne by the Customer/Traveller. This shall not apply, if wbt fails to inform or gives insufficient or incorrect information.
11.3. wbt does not accept liability for the timely issue and receipt of any visa required by the respective diplomatic representations, if the Customer has tasked wbt with obtaining such visas, unless wbt has culpably breached its own duties.

12.    Alternative dispute resolution; applicable law and agreement on place of jurisdiction
12.1. With respect to the law on consumer dispute resolution wbt advises that wbt does not participate in voluntary consumer dispute resolution. If consumer dispute resolution were to become mandatory for wbt subsequent to these Conditions of Travel going to press, wbt shall notify the consumer thereof in an appropriate form. For all travel contracts concluded in the course of electronic legal communication wbt adverts to the European Online Dispute Resolution Platform http://ec.europa.eu/consumers/odr/.
12.2. It is agreed that for Customers/Travellers, who are not nationals of a Member State of the European Union or Swiss nationals, the law applicable to the legal and contractual relationship as a whole between the Customer/Traveller and wbt shall be German law. Such Customers/Travellers may bring an action against wbt solely at wbt's registered office.
12.3. For claims by wbt against Customers or contractual partners in the Package Travel Contract, who are merchants, legal persons under public or private law or natural persons, whose domicile or normal place of residence is not known at the time of bringing an action, the registered office of wbt is agreed as the place of jurisdiction.


The tour operator is:
welcome berlin tours GmbH
Authorised representative:
Managing Director Uwe Flügel
Neue Bahnhofstraße 9-10
10245 Berlin
Telephone: +49 (0) 30 / 44 33 93-0
Fax: +49 (0) 30 / 44 33 93-36
e-mail address: info@welcomeberlintours.de