Dear travel guest, thank you for booking your trip with TR Germany GmbH, Otto-Fleck-Schneise 8, 60528 Frankfurt/Main, Germany (hereinafter referred to as “TRG”). We kindly ask you to read these travel conditions very carefully before concluding the travel contract. The following travel conditions are agreed between you and TRG.
1. Registration and travel confirmation
1.1. 1.1 With your travel registration you bindingly offer TRG the conclusion of the travel contract. The travel contract comes off by the confirmation of the journey by TRG.
1.2. 1.2 If the applicant declares explicitly and separately to be responsible for the contractual obligations of all persons registered, the applicant is liable for all persons registered by him.
1.3 If the content of the travel confirmation differs from the content of the travel registration, we are bound to this new offer, the contract is concluded based on this new offer if you confirm your acceptance within the specified period.
2.1. 2.1 The periods and payment targets as well as possible cancellation conditions stated on the invoice/travel confirmation shall apply in principle. For vacation trips, a deposit/full payment in the advertised amount of the travel price is due upon conclusion of the contract. A possible final payment is to be paid as indicated. Cancellation and rebooking fees are due immediately. The deposit or balance payment may only be demanded before the start of the trip if the customer has been issued with a security certificate. This ensures that in case of loss of travel services due to insolvency or bankruptcy of the tour operator, the paid tour price and necessary expenses for the return journey will be refunded. For trips booked with TRG, where TRG acts as an own tour operator, TRG provides the customer as a tour operator with a certificate of protection which protects the customer from the insolvency of the tour operator. Payment with EURO: The travel price can also be paid cashless in EURO.
2.2. 2.2 If the travel price is not completely paid until the beginning of the journey, TRG reserves the right to dissolve the contract. TRG then demands as compensation all resulting cancellation fees.
2.3. 2.3 Payments are possible by credit card (MASTERCARD, VISA) upon presentation of the credit card details at the time of travel registration, except for special rates and conditions. Payments by credit card may incur additional costs. These shall be borne by the customer.
3.1. 3.1 Which services have been agreed upon, results from the service descriptions in the catalog/homepage/flyer and the information in the travel confirmation. Before conclusion of the contract TRG can make changes in the catalog/homepage/flyer – data, about which the customer has to be informed before booking.
3.2. 3.2 Non-binding special requests of the customer are possible, but are not a direct part of the contract.
3.3. 3.3 Services not taken up: If the traveler cannot take advantage of individual services due to an early return trip and in other important cases, TRG will try to obtain reimbursement of the saved expenses from the service providers in the destination area. This will only be done if the service was not insignificant or if legal or official regulations do not contradict this. For this expenditure an amount will be charged as compensation for our efforts. A reimbursement is also not possible if the traveler has booked a trip at special conditions (e.g. Special 10=7 or special flight fare promotions, 100% cancellation fees) and leaves earlier or it is expressly noted in the travel confirmation that it is a special trip! The conditions written out in the travel confirmation/invoice apply, as well as possible cancellation costs.
4. Service and price changes
4.1. 4.1 Changes and deviations of individual travel services from the contractually agreed contents of the travel contract, which were not caused by TRG against good faith, are only permitted, as far as changes are not substantial and do not substantially affect the total contents of the booked journey. Flight times are provided as indicated on the flight ticket. However, changes due to airspace congestion or other security measures are possible in individual cases.
4.2. 4.2 For important reasons TRG is entitled to notify a change of airline, aircraft or airport of departure or return, as far as this is reasonable for the traveller. This also applies to changes in the flight schedule. In the case of a substitute transportation, the costs will be covered up to the price of a rail trip/2.KL.
4.3. 4.3 TRG reserves the right to change the prices advertised and confirmed with the booking in case of an increase of transport costs or charges for certain services such as port or airport fees, to the extent that the increase of these costs or charges for certain services per person or per seat affects the travel price. The same applies in case of a change in the exchange rate according to which the trip was calculated. TRG is obliged to inform the customers about an intended, legally permissible price increase. In case of a price increase of more than 5% the customer has the right to withdraw from the contract and to demand the participation in another trip of at least equal value. However, this only applies if TRG can offer a trip from its program without additional charge.
5. Withdrawal of the customer, change of booking, substitute person
5.1. 5.1 The traveler can withdraw from the trip at any time before the start of the trip. Decisive is the written receipt of this information by TRG.
5.2. 5.2 If the traveler withdraws, TRG can demand appropriate compensation for the travel arrangements made and its expenses. When calculating the compensation to the traveler, usually saved expenses and the possible other use of the travel services are to be considered. Cancellation fees are also to be paid if a traveler does not arrive in time at the respective departure airport or place of departure at the times announced with the travel documents. If not expressly differently noted in the travel advertisements (catalog/homepage/flyer), the claim on the part of TRG as stated in the travel confirmation applies. This can expressly amount to 100% of the travel price in case of advertised special trips and special tariffs. In principle the written cancellation conditions on the invoice/travel confirmation of the customer apply.
5.3. 5.3 For motorhomes and cruises as well as villas and vacation homes and sailing trips, even if these services were booked together with a flight as a package program, the specified deadlines apply. For vacation apartments, the respective cancellation fees listed in the descriptions apply. If no cancellation conditions are given, the above mentioned ones apply. We would like to point out that the pictures which are assigned to vacation apartments or hotels are only examples. For example, each apartment is furnished individually and according to the taste of the respective owner.
5.4. 5.4. For hotel and rental car bookings, without further arrangement, as well as for accommodation vouchers or hotel passes, the stated deadlines and costs apply.
5.5. 5.5. cancellation fees for flight ticket fees as stated in the booking.
5.6. 5.6. rebookings: If, at the request of the traveler after the booking of a service, changes have to be made concerning the travel date, the destination, the place, the start of the trip, the accommodation or the mode of transport, the same costs will generally be incurred as for a cancellation by the traveler. We must therefore charge you the same costs as would have been incurred for a cancellation during the rebooking period.
5.7. 5.7 Special cancellation and rebooking fees apply for certain trips. These fees, which are stated in the invitation to tender for the respective vacation area or in the service descriptions or general information, are shown separately.
6. Travel cancellation insurance
6.1. 6.1 The conclusion of a travel resignation cost insurance is recommended in principle. This is not automatically included in the travel price. We recommend the Europäische Reiseversicherung.
7. Withdrawal and cancellation by the tour operator
7.1. 7.1 TRG can withdraw from the journey:
7.1.1. 7.1.1. up to two weeks before the start of the journey if the minimum number of participants specified in the catalogue/flyer/homepage and/or in the travel confirmation is not reached.
7.1.2. 7.1.2. up to four weeks before the beginning of the journey, if the execution of the journey is not reasonable for TRG after examination of all possibilities, because the costs incurred by TRG in case of the execution would mean an exceeding of the economic upper limit related to this journey. However, the tour operator does not have the right to withdraw from the contract if he is responsible for the circumstances leading to this (e.g. calculation errors) or if he cannot prove these circumstances. The declaration of withdrawal will be sent to the customer immediately.
8. Warranty for defects/liability
8.1. 8.1 We are liable for our services within the scope of the due diligence of a prudent businessman:
8.1.1. 8.1.1. the conscientious preparation of the trip.
8.1.2. 8.1.2. the careful selection and monitoring of service providers ( e.g. carriers, hoteliers etc.).
8.1.3. 8.1.3. the correctness of the description of all travel services stated in our catalogue/flyer/homepage, unless we have declared a change of the brochure details under item 3.1. before conclusion of the contract. However, we are not liable for information contained in hotel, town or ship brochures because we have no influence on their creation and cannot check their correctness.
8.1.4. 8.1.4. the proper provision of the contractually agreed travel services.
8.1.5. 8.1.5. a fault of the person entrusted with the provision of the services.
8.2. 8.2. Liability
8.2.1. 8.2.1 We shall provide the regular transport services provided as part of or in addition to a trip for which you have been issued a corresponding ticket as an external service, provided that we expressly refer to this in the travel invitation and the travel confirmation. We are therefore not responsible for the provision of the transport service itself. In this case, any liability shall be governed by the transport regulations of the companies to which you are expressly referred and which will be made available to you on request.
8.3. 8.3 Limitation of liability
8.3.1. 8.3.1 The contractual liability for compensation for damages, which are not bodily injuries, is limited in total to the amount of three times the travel price, as long as the damage to the traveler was not caused by us intentionally or through gross negligence. The limitation of liability to three times the travel price also applies if we are responsible for damages incurred by a traveler solely due to the fault of a service provider.
8.3.2. 8.3.2 We are not liable for service disruptions in the area of external services that are merely mediated and are expressly identified as such in the travel description.
8.4. 8.4 Duty to cooperate, complaints
8.4.1. 8.4.1 Each traveler is obliged to cooperate in the event of service disruptions within the framework of the legal provisions to avoid or minimize any possible damages. This includes in particular that he/she informs the local tour guide or the agency (address and telephone number in the travel documents) of his/her complaints. For trips to areas where a TRD tour guide or agency is not available (see service description in the catalog and travel documents), TRD is to be contacted directly instead (address and telephone number in the travel documents). This also applies to pure hotel bookings or bookings without transfer services, whereby a support is not excluded in principle. A reprimand to the service provider is often helpful, but does not relieve from the duty to reprimand TRD as organizer. If a traveller culpably fails to report a defect, he is not entitled to any claims.
8.4.2. 8.4.2 Tour guides are not entitled to acknowledge any claims.
9. Exclusion of claims and limitation of time
9.1. 9.1 The customer must assert claims for non-contractual provision of the trip within one month after the contractually agreed return date at TR Germany GmbH, Otto-Fleck-Schneise 8, 60528 Frankfurt/Main, Germany. In his own interest, this should be done in writing. After the deadline has expired, the traveler can only assert claims if he or she was prevented from meeting the deadline through no fault of his or her own.
9.2. 9.2 Your contractual claims expire 6 months after the contractually agreed end of the trip. The statute of limitations is suspended until the day on which TRG rejects the claims asserted by you. Claims in tort become time-barred after 3 years.
10. Passport, visa, customs, currency and health regulations
10.1. 10.1 We are not liable for the timely issue or receipt of necessary visas by the respective diplomatic representation. TRG organizes visas only in exceptional cases, unless otherwise specified, but will be happy to assist in contacting the relevant authorities.
10.2. 10.2 For passport, visa, customs, foreign exchange and health regulations, we refer to the regulations for each country of destination separately listed in our catalog/flyer/homepage or the corresponding current price list. These regulations are stated for persons who hold a German passport. For travelers of other nationalities a separate clarification – also for possible transit permits – is indispensable. These regulations are to be observed without fail. If the traveler does not comply with them, he/she must bear all disadvantages and expenses resulting from non-compliance. Travellers must inform themselves independently about all visa – customs and entry regulations in the respective country of travel, as well as about possible visa procurement. TRG is happy to assist in the procurement of visas for customers. This service will be charged separately.
11. General information
11.1. 11.1 The recipient of the travel documents is obliged to immediately check the correctness of the documents received (name, date of travel, destination, etc.) and, in case of incorrect issuance, to immediately file a complaint.
11.2. 11.2 The ineffectiveness of individual provisions of the travel contract does not result in the ineffectiveness of the entire travel contract. The same applies to the present travel conditions. Das gleiche gilt für die vorliegenden Reisebedingungen.
11.3. 11.3 The assignment of claims of the traveler on the occasion of the trip, for whatever legal reason, to third parties, including spouses, is excluded.
11.4. 11.4 The place of jurisdiction for fully qualified merchants for persons who do not have a general place of jurisdiction in Germany as well as for persons who have moved their place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is unknown at the time of filing a suit, as well as passive lawsuits, is Frankfurt/Main.
11.5. 11.5 The travel participant is obliged to inform himself/herself about the entry requirements of his/her country of travel.
12. References and links
TRG is not responsible for any contents linked or referred to from his pages – unless TRG has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. TRG hereby expressly declares that at the time the links were set up, no illegal content was discernible on the linked pages. TRG has no influence on the current and future design, content or authorship of the linked pages. Therefore, TRG dissociates itself hereby expressly from all contents of all linked/connected pages which were changed after the link was set. This statement is valid for all links and references set within the own internet offer as well as for external entries in guest books, discussion forums, link directories, mailing lists and all other forms of data bases set up by TRG, where external write access to the content is possible. For illegal, faulty or incomplete contents and especially for damages resulting from the use or non-use of such information, only the provider of the linked page is liable, not the one who only refers to the respective publication via links.
– Status January 2019 –