General terms and conditions for package tours
1. Conclusion of the travel contract
1.1 By booking a tour - be it in writing, orally, by telephone or by fax - Travellers make a binding proposal to LTM to conclude a travel contract based on the tour description, all the supplementary details contained in the basis of booking, and these travel conditions.
1.2 The travel contract comes into being upon the Traveller's booking being confirmed, regardless of the form said confirmation takes. The Traveller shall receive written confirmation upon or immediately following the conclusion of the contract.
1.3 Should the contents of the confirmation of booking deviate from the contents of the booking itself, this shall constitute a new proposal on the part of LTM, which shall remain binding on LTM for 10 days, and which can be accepted by the Traveller by means of express declaration, deposit, payment of the balance, or starting the tour.
1.4 The person placing the booking shall be liable for all obligations stemming from the travel contract of the other participants in whose name the booking has been made, assuming this person has assumed this obligation by means of an express, separately written declaration.
2. Services, changes to services, prices
2.1 LTM's service obligations stem exclusively from the contents of the confirmation of booking in connection with the brochure valid for the time of the tour or the tour advertisement, taking into consideration all information and explanations contained therein.
2.2 Service providers (e.g. hotels) and travel agencies are not authorised by LTM to give assurances or to make agreements going beyond or contradicting the tour description or the confirmation of booking by LTM, or which alter the contents of the travel contract.
2.3 Brochures issued by hotels, towns and villages which have not been made the basis of either the tour advertised or the booking by LTM shall not be of material importance or binding upon LTM or its contractual service obligation.
2.4 Supplementary agreements which extend the contents of services shall only become binding upon express confirmation by LTM.
2.5 Changes to and deviations from the agreed contents of the travel contract which become necessary following the conclusion of the contract, and which are not introduced in bad faith by LTM, are permitted, as long as these changes or deviations are not considerable in scope, do not result in an essential change to the travel service, and do not affect the overall character of the tour booked. Any guarantee claims shall remain unaffected if the altered services are beset by shortcomings. LTM shall be obliged to immediately inform Travellers of changes to and/or deviations from services. If necessary, LTM shall offer the Traveller the right to withdraw from the contract at no charge or penalty.
2.6 Discounts for children are listed in the booking information and the price tables. Discounts for children shall depend on their age on the date on which the tour commences. For example, the age specification "4 to 11 inclusive" includes the period from a child's fourth birthday until one day before his/her twelfth birthday. LTM is entitled to verify the age of children for whom bookings have been made using identity documents etc. Should the true age not be the same as that given upon booking, LTM shall be entitled to charge the difference between the price paid and the full price plus an administrative fee of EUR 15. Reductions are calculated on the basis of the tour price for other Travellers paying the full amount.
3. Deposit, payment of the balance
3.1 Upon the conclusion of the contract and following the issue of a trust letter pursuant to Section 651k, para. 3 of the BGB, a deposit is to be paid, which shall be offset against the tour price. Unless otherwise individually agreed, the deposit shall amount to 10% of the tour price per person, but no less than EUR 25. The confirmation of booking may specify a higher deposit, especially for tour programmes including entrance tickets.
3.2 As long as the trust letter has been issued and unless otherwise agreed in individual cases, the balance outstanding is to be paid 4 weeks before the start of the tour, assuming it is certain that the tour will not be cancelled for the reasons stated below in Section 5.
3.4 Payments may only be made in cash or by bank transfer. All payments are to be made in full and free of deductions.
3.5 In the case of bookings made less than two weeks before the start of the tour, the full price is to be paid immediately following the issue of the trust letter.
3.6 Failure to pay the deposit or the outstanding balance shall have no effect on the validity of the contract. Assuming LTM is willing and able to perform the agreed services, Travellers shall have no right to claim the tour services unless payment has been made in full.
3.7 Should the tour price fail to be paid by the deadline stated despite the issue of a reminder by LTM, LTM shall have the right to refuse to fulfil the contract and to charge the Traveller withdrawal costs pursuant to 4.2.
4. Withdrawal by the Traveller, change of booking, alternative participants
4.1 The Traveller may withdraw from the travel contract at any time before the tour starts by submitting written notice to LTM. The cancellation fee shall be decided depending on when the notice of cancellation is received by LTM.
4.2 In every case of cancellation by the Traveller, LTM shall be entitled to the following levels of compensation, which take into account the expenditure customarily saved and the customarily possible alternative disposal of the travel services:
from confirmation of booking until 30 days before the start of the tour: 15% of the tour price, but no less than EUR 25 per person
29-22 days before the start of the tour: 30% of the tour price
21-15 days before the start of the tour: 50% of the tour price
14-8 days before the start of the tour: 60% of the tour price
7 or fewer days before the start of the tour: 80% of the tour price
4.3 The Traveller shall be permitted to prove to LTM that LTM actually incurred no costs or lower costs than the levels of compensation charged. In such cases, the Traveller shall only be obliged to pay the costs actually incurred by LTM.
4.4 LTM reserves the right in individual cases to charge higher compensation if higher costs are incurred, as long as they are itemised and substantiated to the Traveller.
4.5 Please note that not joining the tour without submitting express notice of withdrawal therefrom shall not constitute withdrawal from the travel contract, and that in this case the Traveller shall remain obliged to pay the full price.
4.6LTM urgently recommends that Travellers take out cancellation insurance.
4.7 If after booking a tour the Traveller wishes to change the travel date, the destination, the accommodation or the type of catering (change of booking), LTM shall charge a fee of EUR 15 per change procedure up to 30 days before the start of the tour. Changes to the arrangements requested after this period can - assuming they are at all possible - only be made by withdrawing from the travel contract at the aforementioned conditions and simultaneously rebooking. However, this shall not apply to booking changes which only cause minor costs.
4.8 Travellers may nominate alternative participants at any time. LTM shall charge a fee of EUR 15 to cover the costs hereby incurred.
5. Withdrawal by LTM
5.1 Should the minimum number of participants specified in the relevant tour advertisement not be reached, LTM shall be entitled to withdraw from the travel contract in accordance with the following conditions:
a) LTM must immediately inform Travellers about the cancellation of the tour once it is certain that the tour cannot take place because the minimum number of participants has not been reached;
b) LTM shall be permitted to withdraw no later than two weeks before the start of the tour;
c) Upon cancellation, the Traveller shall have the right to demand participation in another tour of at least equal value if LTM is able to offer such a tour to the Traveller from its travel programme without a surcharge. The Traveller must assert this claim vis-à-vis LTM immediately upon being informed of the cancellation of the tour.
5.2 LTM may cancel the contract after the tour has started if the Traveller repeatedly disrupts the execution of the contract despite having received a warning, or if the he/she behaves in a manner contrary to the contract such that the immediate cancellation of the contract is justified. Should the contract be terminated by LTM, LTM shall still reserve the right to claim the full price; however, LTM must offset the expenditure saved and all benefits gained from the alternative disposal of the travel services against this price, including any amounts credited to LTM by service providers. In such cases, LTM's local authorised representatives shall be empowered to defend the rights and interests of LTM.
6. Duties of and termination by the Traveller
6.1 The Traveller must report any shortcomings to LTM or its representatives specified in the travel documents and request remedy immediately such shortcomings occur. Claims on the part of the Traveller shall lapse if not reported unless the Traveller failed to report the shortcoming for reasons for which the Traveller was not responsible.
6.2 If the tour is considerably impaired as a result of a shortcoming in the tour, the Traveller may terminate the contract in compliance with the statutory regulations (Section 651e BGB). This termination shall only be admissible once a deadline set by the Traveller for the situation to be remedied has not been met by LTM or its representatives. A deadline need not be set if remedy is impossible or is refused by LTM or its representatives, or if the immediate termination of the contract is justified by a special interest on the part of the Traveller.
6.3 The statutory duty of the Traveller under travel contract law pursuant to Section 651g, para. 1 of the BGB to assert guarantee claims vis-à-vis the tour operator within one month following the contractually scheduled cessation of the tour is specifically defined as follows with respect to the travel contract concluded with LTM:
a) All claims in connection with the travel contract or the services performed by LTM, irrespective of the cause in law, must be asserted vis-à-vis LTM exclusively after the end of the tour and within one month following the contractually scheduled date of the return journey.
b) Claims may only be asserted vis-à-vis LTM within the specified deadline at the address below. It is urgently recommended that claims be submitted in writing.
c) The above provisions shall have no effect on the statutory regulations regarding non-culpable default on the part of the Traveller or the regulations governing the suspension of the statute of limitations.
7.1 LTM's contractual liability for damage excluding bodily injury (including for liability for the violation of accessory, pre- and post-contractual obligations) shall be limited to triple the tour price, assuming:
a) The damage incurred by the Traveller was caused neither deliberately nor by gross negligence; or
b) LTM is merely responsible for damage incurred by the Traveller owing to the fault of a service provider.
7.2 LTM shall not be liable for disruptions in performance in connection with external services merely brokered by LTM (e.g. sports events, theatre visits, exhibition, excursions etc.) and which are expressly denoted as external services in the description of performance.
7.3 If as part of a tour or in addition thereto transport is to take place on a scheduled service and a corresponding ticket is issued to the Traveller, LTM shall merely be brokering an external service, as long as LTM specifically draws attention to this in the tour description and the travel tour confirmation. LTM shall therefore not be liable for performing the transportation service itself.
8. Limitation, prohibition of assignment
8.1 Claims on the part of the Traveller vis-à-vis LTM, irrespective of the cause in law - albeit with the exception of claims by the Traveller stemming from an unlawful act - shall lapse six months after the contractually scheduled return journey. This shall in particular apply to claims stemming from the violation of pre- and post-contractual obligations and the accessory obligations from the travel contract. The statutory regulation in Section 651g, para. 2 of the BGB concerning the suspension of the statute of limitations shall remain unaffected by the above provisions.
8.2 Claims by the Traveller stemming from the tour, irrespective of the cause in law, may not be assigned to third parties, including to spouses; nor may they legally assert such claims on their own behalf.
9. Venue, miscellaneous
9.1 Should any of the above provisions be or become ineffective, the other conditions shall remain valid and the validity of the travel contract as a whole shall remain unaffected.
9.2 The Traveller may only take proceedings against LTM at its corporate seat.
9.3 The entire legal and contractual relationship between LTM and Travellers with no general place of residence or seat of business in Germany shall exclusively be governed by German Law.
9.4 The venue for any legal action by LTM against the Traveller shall be the Traveller's place of residence - unless the action is taken against full merchants, legal persons under public or private law, or persons whose regular place of residence is abroad, or whose place of residence is unknown at the time legal proceedings are instituted, in which case the venue shall be the corporate seat of LTM.