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General Terms of Business as Tour Operator

General Terms of Business of Thüringer Tourismus GmbH (TTG) for Travel Contracts

Dear visitor to Thuringia,
please note the terms of business and travel given below. They supplement the statutory provisions of Sections 651 a et seq. in the German Civil Code [BGB] and become part of the Travel Contract between you and ourselves. Please take a moment and read the following terms of travel carefully.

1. Entering into the Travel Contract
1.1. With your travel booking based on our brochures, you are offering us in a binding form the opportunity of entering into a Travel Contract. This booking can be made verbally, in writing, by telephone or on the internet. The Travel Contract is made upon receipt of the travel confirmation/invoice from Thüringer Tourismus GmbH.
1.2. If you do not have our General Terms of Business for Travel Contracts when making a telephone booking, we will send them to you with the travel confirmation/invoice. If you do not protest them within 10 days of receipt – or immediately in the event of bookings at short notice, i.e. 10 days or less before starting travel – the Travel Contract will be made subject to these Terms.
1.3. If the content of the travel confirmation/invoice differs from the content of the booking, we are bound by this offer for 10 days. The Contract will be made on the basis of this new offer if you notify us of acceptance within this period; this can also be done by making an advance or full payment.
1.4. Please notify us immediately if you have not received your travel documents from us by 7 days before starting travel at the latest. In this case, we will send you the travel documents immediately, provided you have made payment. If you do not notify us and fail to start travel due to a lack of travel documents, we will have to treat this as a cancellation liable to costs.

2. Payment
2.1. Please remit to us the travel price shown on the travel confirmation/invoice (or, respectively, the bank transfer form attached in each case) and the premium for insurance (see Clause 8) within 10 days of receipt of the travel confirmation/invoice and the travel operator’s bond in accordance with Section 651 k BGB.
2.2. If payment is not made in due time, Thüringer Tourismus GmbH has the right, after allowing a reasonable period of grace – unless allowance of a period of grace is not necessary - , to cancel the Travel Contract and to charge cancellation costs as per Clause 6 of these General Terms of Business for Travel Contracts.
2.3. If, contrary to the agreement reached, travel is not paid for until the travel documents are collected from the service counter, Thüringer Tourismus GmbH has the right to make a service charge of € 10 per transaction to cover the extra expense thus incurred. If you fail to make payment on the agreed dates and we thus have to send you a reminder, we have the right to charge a flat rate of € 10 for the costs of the reminder.

3. Travel documents
In the unlikely event that you have not received your travel documents by 7 days before start of travel at the latest, you have an obligation to contact the service centre at Thüringer Tourismus GmbH, 0361/37420, immediately.

4. Services
The scope of the contractual services is defined exclusively in the descriptions provided by Thüringer Tourismus GmbH in the brochures and other written material relating to the holiday concerned and in the particulars relating to the same in the travel confirmation.

5. Changes to services
5.1. If any changes to or differences in individual travel services as compared with the agreed content of the Travel Contract become necessary after the contract has been made and are not initiated by Thüringer Tourismus GmbH contrary to good faith, they will only be permitted insofar as such changes or differences are not major and do not prejudice the overall nature of the holiday booked. The right to change any transfer times given is reserved.
5.2. Thüringer Tourismus GmbH has an obligation to notify customers of changes to services immediately. If these changes are substantial, Thüringer Tourismus GmbH will offer the customer the option of making a different booking free of charge or cancelling the booking free of charge, allowing a period of 10 days to do so.

6. Cancellation by the customer (cancellation costs) and substitute person
6.1. The customer can cancel the holiday at any time before start of travel. The decisive date is that of receipt of the cancellation notification by Thüringer Tourismus GmbH. Customers are recommended to cancel their booking in writing.
6.2. If customers cancel the Travel Contract or fail to start travel, Thüringer Tourismus GmbH can claim compensation for the travel arrangements made and for the costs paid. Thüringer Tourismus GmbH can charge a flat rate for this compensation claim subject to the following classifications.
The cancellation costs per customer amount to:
- 30% of the travel price on or before 30th day before the start of travel
- 60% of the travel price from 29th – 22nd day before the start of travel
- 80% of the travel price on or later than 21st day before the start of travel or if customers fail to start travel.
The key date for calculation is that of receipt of the cancellation notification. The flat rates relate to the travel price and will be rounded off upwards to full euros in each case. Tickets for events cannot be exchanged or cancelled. Any different terms relating to cancellation or a change of booking which have been agreed for special offers or special services will take precedence. Customers have the right to prove to Thüringer Tourismus GmbH that the latter has not suffered any loss or has suffered a substantially lower loss that the claimed flat rate. In this case, compensation will be calculated individually in accordance with Section 651 i para. 2 BGB.
6.3. Until the start of travel, the person travelling can request that a third party be allowed to take over his or her rights and obligations under the Travel Contract. The processing fee for such substitution is 10 EUR per customer. Thüringer Tourismus GmbH can refuse to allow a third party to take over the Contract if said party does not meet the special travel requirements or if his or her participation is contrary to statutory regulations or public-authority orders. If a contract is transferred, the original customer and the substitute are jointly and severally liable for the price of travel and the processing fee.
6.4. If the event of cancellation, admission tickets, all-inclusive cards (e.g. ThüringenCard) or other tickets already supplied must be returned, as we will otherwise have to charge the full price.

7. Cancellation and termination by Thüringer Tourismus GmbH
7.1. Thüringer Tourismus GmbH can cancel the Travel Contract before travel begins or terminate the Travel Contract after travel has begun in the following cases:
a) without notice if the customer disrupts travel on a sustained basis despite being cautioned by Thüringer Tourismus GmbH or if said customer behaves non-contractually to an extent justifying the immediate dissolution of the Contract. If Thüringer Tourismus GmbH terminates the Contract, it retains its claim to the price of travel. However, Thüringer Tourismus GmbH must permit the crediting of the value of the expenses actually saved and the benefits resulting from alternative use of the services not required.
b) 3 weeks or more before the agreed start of travel if the minimum number of participants specified in the description of the holiday is not reached. Customers will be notified immediately by Thüringer Tourismus GmbH, which can make customers an alternative offer. If customers do not accept this offer, the payments already made will be returned to them.
7.2. Independently of the above, both Thüringer Tourismus GmbH and customers may terminate travel due to force majeure as per Section 651 j BGB.

8. Insurance
8.1. Travel cancellation insurance is not included in the travel price. Customers are recommended to take out travel cancellation insurance and further insurance policies. An offer for travel cancellation insurance from Europäische Reiseversicherung AG is enclosed with the travel confirmation/invoice. The premium is due with the payment towards the price of travel. Insurance policies only become effective upon payment of the premium.
8.2. If an insured event occurs, Europäische Reiseversicherung AG, Postfach 800545, 81605 München, Germany, is to be notified immediately. We do not handle the settlement of claims.

9. Other service providers
Thüringer Tourismus GmbH is not liable for service disruptions, personal injury or property damage in connection with services which were merely brokered as third-party services and clearly identified as such in the description of the holiday. This will apply even if the travel manager takes part in such special events.

10. Warranty
10.1. If travel services are not rendered in accordance with the Contract, customers can require the deficiency to be remedied. The local travel manager or Thüringer Tourismus GmbH must be notified of the deficiency immediately. Thüringer Tourismus GmbH is also permitted to remedy the deficiency by providing an equivalent substitute service.
10.2. For the length of non-contractual provision of the holiday services, the customer can claim appropriate reduction of the price of travel, insofar as the deficiency is not merely minor. This right of reduction does not apply if the customer culpably fails to give notification of the travel deficiency.
10.3. If a deficiency has a substantial negative impact on the holiday, the customer has the right to terminate the Travel Contract. However, the customer may only terminate the Travel Contract if Thüringer Tourismus GmbH has failed to provide an acceptable remedy after being allowed a reasonable period to do so by the customer. No allowance of such a period is necessary if the remedying of the deficiency is impossible or is refused by Thüringer Tourismus GmbH or if immediate termination is justified by a special interest of the customer.

11. Liability
11.1. The contractual liability of Thüringer Tourismus GmbH for damages which are not physical injuries is limited to triple the price of travel, provided that damage was not caused intentionally or through gross negligence. The same applies insofar as Thüringer Tourismus GmbH is responsible solely due to the fault of a service provider.
11.2. The tortious liability of Thüringer Tourismus GmbH for property damage not based on intent or gross negligence is limited to triple the price of travel. This maximum liability figure applies per customer and holiday in each case. If a travel service that is to be provided by a service provider is governed by international treaties or statutory rulings under which a damages claim can only be submitted subject to certain requirements or restrictions or is ruled out subject to certain requirements, Thüringer Tourismus GmbH has the right to refer to the same in its dealings with the customer.
11.3. Any outings, transportation services, sporting activities or hired cars offered and booked at the holiday destination by the local travel manager at his or her own responsibility or by other persons at their own responsibility do not constitute part of the content of the Travel Contract made between the customer and Thüringer Tourismus GmbH. Thüringer Tourismus GmbH does not assume any liability for such services. The same also applies to outings suggested as worthwhile by Thüringer Tourismus GmbH in its holiday descriptions.

12. Customer’s obligation to co-operate
If service disruptions occur, customers have an obligation to co-operate within the limits of statutory rulings and to avoid possible damage or keep it to a minimum. In particular, customers must notify the local travel manager or Thüringer Tourismus GmbH of their complaints without delay. If customers culpably fail to give notice of a deficiency, they will have no right to price reduction. This does not apply if such notification is obviously futile or cannot reasonably be expected for other reasons.
Please ask our travel manager about exact travelling times no less than 24 hours but no more than 48 hours before return travel. If you fail to do this and miss return travel, you will be liable to pay any additional costs incurred.

13. Reporting of claims, time limitation and prohibition of assignment
13.1. Customers must report to Thüringer Tourismus GmbH at the address stated under Clause 15 any claims for reason of non-contractual provision of the holiday (Sections 651c to 651f BGB), this to be within one month of the contractually agreed end of the holiday. It is recommended that claims be reported in writing. A claim report to the travel agent or submission of the report to the same is not sufficient for observance of the set period. Customers can assert claims after expiry of this period if prevented from observing said period through no fault of their own.
13.2. Claims under Sections 651 c to 651 f BGB are subject to a time limitation of one year. This period begins on the date on which the holiday was scheduled to end in the Contract. In deviation from the above ruling, the statutory time limits shall apply to any claims made by a customer for reason of non-contractual provision of the holiday leading to damage to life, body or health or due to cases of gross negligence or deliberate concealment of deficiencies on the part of Thüringer Tourismus GmbH or its vicarious agents.
13.3. If negotiations relating to the claims made or the circumstances on which the claims are based are in progress between the customer and Thüringer Tourismus GmbH , the time limitation will be suspended until either the customer or Thüringer Tourismus GmbH refuses to continue negotiations. The time limitation shall take effect no less than three months after the end of suspension of the same.
13.4. A customer is not permitted to assign any claims held against Thüringer Tourismus GmbH to a third party, including spouses or relatives

14. Passport, visa, customs, currency and health regulations
14.1. For participants from countries other than Germany, their respective consulate can provide information on any regulations relating to passport, visa, customs and currency regulations. Customers are themselves responsible for complying with passport, visa, customs, currency and health regulations. All losses, in particular payment of cancellation costs, which may result from a failure to comply with these regulations shall be payable by customers, unless such losses were caused by culpably incorrect information or lack of information on the part of Thüringer Tourismus GmbH.
14.2. Thüringer Tourismus GmbH is not liable for on-time issue of the necessary visas by the respective diplomatic mission and on-time receipt of the same.

15. Legal venue
15.1. The place of residence of the customer constitutes the criterion for legal action taken by Thüringer Tourismus GmbH against the customer, unless the customer has moved his place of residence or habitual abode to a foreign country since entering into the Contract or the customer’s place of residence or habitual abode is not known when legal action is filed. In such cases, the seat of business of Thüringer Tourismus GmbH constitutes the criterion for the legal venue.
15.2. If the customer is a merchant or a legal body under public law or special asset under public law, the legal venue for all disputes resulting from or in connection with the Travel Contract shall be the seat of business of Thüringer Tourismus GmbH.

16. Other terms, data protection
16.1. If any single provisions in these terms of travel are ineffective, this does not lead to all the travel terms becoming ineffective as a result.
16.2. These terms shall apply insofar as no individual agreements have been reached in travel contracts.
16.3. Before a contract is made, Thüringer Tourismus GmbH expressly reserves the right to make a change to the information given in the brochure.
16.4. All personal data is collected and processed in accordance with the German statutory data protection regulations. Only the personal data required for your holiday will be collected and forwarded to partners. We have placed such partners and our staff under an obligation to maintain data secrecy.
16.5. All information in our brochures is published subject to legal or public-authority approval. The details in these brochures correspond to the position at the time of going to press.
16.6. When new brochures are published, all our earlier publications relating to the same travel destinations and travel dates become invalid.
16.7. Obvious printing and calculation errors entitle us to contest the Travel Contract.
16.8. These terms of travel correspond to status in October 2010.

17. Tour operator
Address and seat of business of Thüringer Tourismus GmbH:
Willy-Brandt-Platz 1
99084 Erfurt
Tel.: 0361 / 3742 0
Fax: 0361 / 3742 388
Court of Register Jena, HRB 109897;
Managing director: Bärbel Grönegres
Chairman of the Supervisory Board: Minister Matthias Machnig