Terms and conditions Wiesbaden Marketing GmbH
1. OBJECT OF AGENCY
Wiesbaden Marketing GmbH, hereinafter called WIMA, offers accommodation in foreign name. The terms and conditions specified below apply exclusively to the offering of accommodation.
2. CONTRACT EXECUTION WIMA acts as an agent only. Contracts are executed exclusively between the service provider (for instance a hotel, B&B, guesthouse) and the customer/guest. WIMA provides its agency services in the name of the involved service provider, hence the agent is not an organizer as defined under § 651a ff BGB (=German Civil Code).
3. ACCOMMODATION SERVICES
Through its booking system, WIMA offers rooms in the name of the service providers. WIMA verifies whether the room has been ordered and confirmed, or if written confirmation was not possible for lack of time, whether the room has been provided. Execution of the accommodation contract obliges the contract parties to fulfil the contract, regardless of the term for which the ontract was executed. The accommodation provider (hotel owner) is obliged to provide the reserved room(s) for the booked period of time. Otherwise, he has to indemnify the guest for damages. The guest is obliged to pay the agreed room rate for the term of contract. Prior to the travel, the booking documents have to be checked for congruency with the data provided for the reservation. Any obvious discrepancies have to be reported to WIMA immediately.
The customer shall pay the fee for the room(s) booked at the accommodation.
3.3 Late arrival after 6.00 p.m.
The guest house reserves the booked rooms until 6.00 p.m. on the day of arrival. The customer is obliged to inform the guest house if he shall probably arrive after 6.00 p.m. In case of guaranteed bookings (with a credit card number), the booked rooms will be held also after 6.00 p.m. until the customer arrives.
3.4 Rebooking / cancellation
Changes of reservation of the accommodation or the person travelling are considered a rebooking, which can be processed for a lumpsum fee of up to EUR 15.00. Rebookings reducing the number of nights are considered cancellations. In case of not claiming the contractual service, the guest is obliged to pay the agreed or standard rate, reduced by the expenses the guest house saved. The guest house is obliged in best faith and belief to sell the rooms to others as possible to avoid loss of income. If several nights have been booked, the guest house reserves the right to claim indemnification from the guest for non-fulfilment against evidence that the rooms released by cancellation could not be sold otherwise.
WIMA shall be liable only for gross negligence or intent. We shall not be liable for travel defects due to circumstances not in our control. We exclude the liability for processing errors, technical defects or failures occurring behind the interface of the travel agent or the service provider. WIMA shall not be liable for malfunctions due to force majeure or strike, or for transmission malfunctions in the communication network.
5. NOTIFICATION OF CLAIMS
Claims for non-contractual service delivery have to be addressed immediately and directly to the guest house concerned. The claims shall be forfeited six months upon contracted start of the travel.
6. GENERAL TERMS
The invalidity of any clause in the general terms and conditions does not prejudice the validity of the entire agency terms. All data are according to the status at date of print (December 2010). All data are based on the information provided by the guest houses. In the legally permissible extent we exclude liability for correctness and completeness of such data. The number of guest houses can change any time without notice.
All prices are subject to change!
Place of Jurisdiction is Wiesbaden.
To ensure that your trip will be as pleasant as possible, you should know precisely what services we will be providing, what we are responsible for, and what your responsibilities are. Please read our Terms and Conditions carefully. These Terms and Conditions for Travel Packages are, as far as effectively agreed, the content of the travel package contract between the customer or traveller – hereinafter referred to as „traveller“ – and Wiesbaden Marketing GmbH, hereinafter referred to as „WIMA“, as tour operator. They supplement the legal provisions of Sections 651 a to y of the BGB (German Civil Code), and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB) and shall complete them.
These Terms and Conditions shall exclusively apply to WIMA‘s travel packages. They shall not apply to package arrangements for groups of 15 persons or more, to the procurement of external services (e.g. guided tours and admission tickets), and neither to contracts for accommodation services or their procurement.
1. REGISTRATION; CONCLUSION OF CONTRACT; OBLIGATIONS OF THE TRAVELLER
1.1 The following shall apply to all booking methods:
a) WIMA‘s offer and the traveller‘s booking are based on the travel itinerary and the additional information provided by WIMA for the respective trip, if these are available to the traveller at the time of booking.
b) Travel agents and booking agents are not authorised by WIMA to make agreements, provide information or assurances that alter the agreed content of the travel contract, go beyond the travel itinerary or the contractually agreed services of WIMA, or contradict it.
c) Information in hotel guides or similar publications that are not published by WIMA shall not be binding on WIMA and its obligation to render services, unless expressly agreed with the traveller regarding the content of WIMA‘s obligation to provide services.
d) Should the content of WIMA‘s travel confirmation deviate from the content of the booking, this represents a new offer to which WIMA shall be bound for a period of ten (10) days. The contract shall be concluded on the basis of this new offer, insofar as WIMA has pointed out the change with regard to the new offer and fulfilled its pre-contractual information obligations and the traveller has explicitly declared acceptance to the tour operator within the binding period. This may be done not only by express declaration but also conclusively when you make a down payment, pay the remaining amount, or commence the trip.
e) The pre-contractual information provided by the tour operator on the essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants, and the cancellation fees (pursuant to Article 250 Section 3 Nos. 1, 3 to 5 and 7 of the EGBGB) shall only remain excluded from the travel package contract if this has expressly been agreed between the parties.
f) You shall be liable for all contractual obligations of fellow travellers for whom you have made the booking, as well as for your own, insofar as you have assumed a corresponding obligation by express and separate declaration.
1.2 The following shall apply to your booking (travel registration), which you may submit verbally, by telephone, in writing, by e-mail or facsimile:
a) By placing the booking, the traveller is making a binding offer to WIMA to conclude a travel package contract. The traveller shall be bound to the booking for three (3) working days.
b) The contract shall be concluded upon receipt of the travel confirmation (declaration of acceptance) issued by WIMA. Upon, or immediately after, conclusion of the contract, WIMA will send the traveller a travel confirmation, which complies with the legal requirements regarding its content, on a permanent data medium (which enables the traveller to keep or store the declaration unchanged so that it is accessible to him or her for a reasonable period of time, e.g. on paper or by e-mail), unless the traveller is entitled to receive a travel confirmation in hard copy pursuant to Art. 250 Sec. 6 (1) Sentence 2 of the EGBGB when the contract was concluded while both parties were physically present at the same time, or the contract was concluded outside business premises (off-premises contract).
1.3 WIMA wishes to point out that according to legal regulations (Sec. 312 Para. 7; Sec. 312g Para. 2 Sentence 1 No. 9 of the BGB) in the case of travel package contracts that conform with Sec. 651a and Sec. 651c of the BGB, and were concluded based on distance selling procedures (letters, catalogues, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as radio, telemedia, and online services), no right of cancellation exists, but only the statutory rights of withdrawal and termination, in particular the right of withdrawal pursuant to Sec. 651h of the BGB (cf. also Section 4 of these Terms and Conditions). However, there is a right of cancellation if the contract for travel services according to Sec. 651a of the BGB has been concluded outside business premises, unless any oral negotiations on which the conclusion of the contract is based have been conducted on the consumer‘s previous order; in the latter case, the traveller is not entitled to right of cancellation either.
WIMA‘s obligation to provide services is derived solely from the content of the confirmation of the travel package in conjunction with the itinerary on which such package offer is based and in accordance with all of the notes and explanations contained in the booking information.
3. PAYMENT OF THE PACKAGE PRICE
3.1 WIMA and travel agents may only demand, or accept, payments for the travel price prior to the end of the package tour if they have an effective customer finance protection contract in place, and if they have handed over to the traveller the guarantee certificate (Sicherungsschein) that shows the name and contact details of the customer finance guarantor in a clear, comprehensible, and highlighted manner. After conclusion of the contract, the travel price is due four weeks before the start of the trip against handing over of the guarantee certificate, unless otherwise agreed in the booking confirmation / invoice. For bookings made less than four weeks prior to the start of the trip, the total price of the trip is immediately due for payment. For any admission tickets ordered by the traveller upon conclusion of the contract, the total ticket price is due immediately.
3.2 In deviation from the provisions in Section 3.1 of these Terms and Conditions, the handover of a guarantee certificate as a prerequisite for the due date for payment shall not apply if the package offer does not include transport to the place of performance of the package travel services and/or back, and, in deviation from Section 3.1, the parties shall agree that the total travel price is due for payment at the end of the stay without prior down payment after completion of the package tour. Such agreement shall also be specified in the travel confirmation.
3.3 If the traveller fails to pay the deposit and/or the remaining amount in accordance with the agreed payment due dates, although WIMA is prepared and in a position to properly provide the contractual services, has fulfilled its legal obligations to provide information, and no statutory or contractual right of retention exists on the part of the traveller, WIMA is entitled to withdraw from the travel package contract after issuing a reminder stipulating a deadline, and to debit the traveller with cancellation costs pursuant to Section.
4. WITHDRAWAL BY THE TRAVELLER; BOOKING CHANGES
4.1 The traveller can cancel the travel package contract at any time prior to departure. Cancellation must be declared to WIMA at the address given below. If the trip was booked through a travel agent, cancellation can also be declared vis-à-vis the agent. We recommend that travellers declare their cancellation in writing. The effective date is the date of receipt of the cancellation by WIMA.
4.2 If the customer withdraws before the start of the trip, or does not commence the trip, the tour operator shall lose the right to be paid the tour price. Instead, the tour operator may claim appropriate compensation provided that (a) the tour operator is not responsible for the cancellation or (b) exceptional circumstances occur at, or in the immediate vicinity of, the destination which significantly impair the realisation of the package tour or the transport of persons to the destination; circumstances shall be deemed unavoidable and exceptional if they are not under the control of the tour operator and their consequences could not have been avoided even if all reasonable precautions had been taken.
4.3 WIMA has defined the following compensation lump sums taking into account the period between the declaration of cancellation and the start of the trip as well as considering the expected savings of expenses and the expected gain through other uses of the travel services. The compensation is calculated as follows based on the date of receipt of the cancellation notice and using the corresponding cancellation scale:
a) from the 27th to the 21st day prior to departure, 20% of the package price,
b) from the 20th to the 12th day prior to departure, 40% of the package price,
c) from the 11th to the 3rd day prior to departure, 60% of the package price,
d) from two days prior to departure and for no shows, 90% of the package price.
4.4 Travel cancellation insurance and insurance to cover the costs of transport in the event of an accident or illness are strongly recommended.
4.5 The traveller shall, in any case, be free to prove to WIMA that WIMA has incurred no damage at all or significantly less damage than the lumpsum compensation claimed by WIMA.
4.6 WIMA reserves the right to demand a higher, actual compensation instead of the above lump sums, insofar as WIMA proves that WIMA has incurred significantly higher expenses than the applicable lump sum. In this case, WIMA shall be obligated to provide precise figures and proof of the compensation claimed, taking into account the saved expenses and any other use of the travel services.
4.7 If the tour operator is obligated to reimburse the package price due to a withdrawal, the tour operator is to render payment immediately, but in any case within 14 days after receipt of the declaration of withdrawal.
4.8 The traveller‘s statutory right to demand from the tour operator, by notification on a permanent data medium in accordance with Sec. 651e of the BGB, that a third party shall enter into the rights and obligations arising from the travel package contract in lieu of the traveller shall remain unaffected by the above conditions. Such declaration shall, in any case, be deemed to be in time if it is received by the tour operator seven (7) days prior to the start of the tour.
4.9 If, at the request of the traveller, changes are made after conclusion of the contract with regard to the travel date, accommodation, type of catering, or other services (booking changes), WIMA can only charge a fee for booking changes amounting to €25 per person up to the 31st day before the start of the trip without the traveller having any legal claim to such change, and only if this is possible at all. Later changes to the booking are only possible if the customer cancels the travel contract and makes a new booking in accordance with the above cancellation conditions. This does not apply to change requests which incur only minor costs, or if the change is necessary because WIMA has provided the traveller with no, insufficient, or incorrect pre-contractual information pursuant to Art. 250 Sec. 3 of the EGBGB.
4.10 Any admission tickets ordered and purchased by WIMA may not be refunded, as the parties providing such tickets to WIMA have excluded any refunds for tickets. WIMA will charge the corresponding expenditures as agreed. Insofar as the traveller is not a natural person who is concluding this contract for purposes other than a commercial or self-employed professional activity (consumer), the customer shall bear the shipping risk for any tickets that might be dispatched.
5. OBLIGATIONS OF THE TRAVELLER
5.1 Travel documents: You are required to inform WIMA or the travel agent through whom you have booked your travel package if you have not received the necessary travel documents (e.g. hotel voucher, other vouchers) within the period stipulated by WIMA.
5.2 Notice of defects / request for remedy:
a) If the tour is not provided free of travel defects, the traveller shall be entitled to demand remedy.
b) If WIMA was unable to remedy the situation as a result of the traveller having negligently failed to give notice of defects, the traveller may neither assert claims for reduction in the purchase price pursuant to Sec. 651m of the BGB nor claims for damages pursuant to Sec. 651n of the BGB.
c) The traveller is obligated to immediately notify the local representative of WIMA of any defects that may have arisen. If a representative of WIMA is not present at the venue and this is not contractually owed, any travel defects shall be brought to WIMA‘s attention at the indicated contact address for WIMA; the travel confirmation shall include details on the availability of the WIMA representative or its local point of contact. However, you may also give notice of defects to the travel agent through whom you have booked your travel package.
d) The WIMA representative is instructed to remedy the situation if possible. However, he is not authorised to recognise claims.
5.3 Setting a deadline before termination: If the traveller wishes to terminate the travel package contract due to a defect of the kind described in Sec. 651i Para. (2) of the BGB, or insofar as it is substantial, pursuant to Sec. 651l of the BGB, he or she must first set WIMA a reasonable deadline for remedy. Exceptions shall only be made if WIMA refuses to remedy the defect or if immediate remedy is necessary.
6. CANCELLATION RESERVED FOR MINIMUM NUMBER OF PARTICIPANTS
6.1 If a minimum number of participants specified in the itinerary or in any other content of the travel contract is not achieved, WIMA may withdraw from the travel contract no later than the 21st day prior to the commencement of the trip.
6.2 In this case, the customer may request participation in another trip advertised by WIMA, provided WIMA is able to provide it at no extra cost. This right shall be asserted against WIMA immediately after WIMA‘s declaration of rescission.
6.3 The minimum number of participants stipulated for the trip shall also apply to excursions that can be booked as an addition.
7. CANCELLATION DUE TO SPECIAL CIRCUMSTANCES
7.1 If the trip is rendered considerably more difficult, impaired, or endangered by force majeure, which could not have been foreseen when the contract was concluded, both the traveller and WIMA may terminate the travel contract if it was concluded before 1 July 2018. In the event of such termination, contractual rights and obligations are governed by the statutory provisions in force up to, and including, 30 June 2018.
7.2 WIMA may terminate the travel contract at any time before commencement of travel and during the trip in compliance with the statutory provisions (according to German law, Sec. 314 of the BGB) for any other compelling reason. A compelling reason may exist in particular if the travel itinerary is permanently disturbed or jeopardised by the traveller, and this is not, or may not, be remedied in spite of a warning.
7.3 Termination of the travel contract by WIMA may also be declared by the tour guide and/or local representative; the latter are authorised by WIMA to do so.
8. LIMITATION OF LIABILITY
8.1 With the exception of loss or damage due to injury to life, body or health that were not caused intentionally or negligently, the contractual liability of WIMA for loss or damage shall be limited to three times the travel price.
8.2 WIMA shall not be held liable for any disruptions to services, personal injury or damage to property in respect to services which are merely arranged as external services (e.g. arranged excursions, sports events, theatre visits, exhibitions) if these services were expressly and clearly identified as external services in the travel itinerary and the booking confirmation, stating the identity and address of the contractual partner provided, so that the traveller may clearly recognise them as not being part of the WIMA travel package, but being selected separately. Sections 651b, 651c, 651w, and 651y of the BGB shall remain unaffected by this in their content and validity.
8.3 However, WIMA shall be held liable if, and to the extent that, WIMA‘s violation of its obligations to provide advice, clarify matters, or carry out duties of organisation has caused damage to the traveller.
8.4 Insofar as services such as medical treatment, therapy, massages, or other therapeutic applications or services are not part of WIMA‘s travel package, and these are merely arranged for by WIMA in addition to the travel package booked in accordance with Section 7.2, WIMA shall accept no liability for the provision of such services, or for personal injury or property damage. Liability arising from such arrangement shall remain unaffected by this. Insofar as such services are part of the travel services rendered, WIMA shall not be held liable for successful treatment or cure.
9. UNUSED SERVICES
9.1 If travellers do not use individual travel services due to premature departure, illness, or for other reasons for which WIMA is not responsible, travellers will not have any claim to a pro-rata reimbursement for such unused services.
9.2 However, WIMA will attempt to obtain a refund from providers of third-party services insofar as the amounts are not just trifling sums, and will refund the corresponding amounts to the traveller, as soon as and insofar as such amounts have actually been reimbursed to WIMA by the individual services providers.
10. LIMITATION PERIOD
10.1 Contractual claims of the traveller due to non-contractual provision of travel services pursuant to Sections 651 c to 651 f of the BGB are time-barred after two years.
10.2 The limitation period under Section 10.1 shall commence on the date on which the trip was supposed to end according to the contract.
11. CHOICE OF LAW AND PLACE OF JURISDICTION
11.1 For travellers who are not nationals of a Member State of the European Union or are not Swiss nationals, exclusive application of German law shall be agreed for the entire legal and contractual relationship between the traveller and WIMA. Such travellers may sue WIMA only where its registered office is located.
11.2 For lawsuits initiated by WIMA against travellers or parties to the travel contract that are merchants, legal entities under public or private law, or persons whose domicile or usual place of residence is located outside Germany, or whose domicile or usual place of residence is unknown at the time the lawsuit is filed, the place of jurisdiction shall be the courts in Wiesbaden, where WIMA has its registered office.
11.3 With respect to the Act on Dispute Resolution for Consumers, WIMA wishes to point out that WIMA does not participate in the voluntary resolution of disputes in consumer matters. WIMA will advise consumers in an appropriate manner should a settlement of a consumer dispute become mandatory for WIMA after these Terms and Conditions for Travel Packages went to print. WIMA is also drawing your attention to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all travel contracts concluded based on online legal transactions.
Valid for all bookings made from 1 July 2018