General Terms and Conditions for Hotel Accommodation and Events.

I. Scope of application

1. These terms and conditions apply to all services and deliveries of Fleesensee Schlosshotel GmbH (hereinafter referred to as the hotel).

2. Should the hotel amend its General Terms and Conditions before the end of the contract, the amended version shall be deemed to have been incorporated into the contract if the contractual partner is notified of this in writing with reference to these legal consequences and the latter does not object to the incorporation within a period of 14 days.

3. The customer’s general terms and conditions shall only become part of the contract if the hotel agrees in writing to their inclusion as a whole or in individually listed points.

II Conclusion of contract

1. The contract (hereinafter also referred to as ‘booking’) is concluded after the customer’s application by the hotel’s acceptance. The hotel is free to confirm the booking in writing.

2. If a third party makes the booking on behalf of the customer, he shall be liable to the hotel as the ordering party together with the customer as joint and several debtors.

III Services, prices, payment, offsetting

1. The hotel is obliged to provide the services ordered by the customer and promised by the hotel.

2. The customer is obliged to pay the hotel’s agreed prices for these and other services utilised. This also applies to services and expenses of the hotel to third parties arranged by the customer.

3. In the event of justified cancellation by the hotel, the customer shall not be entitled to compensation.

4. The agreed prices include the legally applicable value added tax. Should the VAT rate applicable to the contractual services increase or decrease after conclusion of the contract, the hotel may adjust the prices accordingly.

5. If the period between conclusion and fulfilment of the contract exceeds four months in accordance with the contractual agreements and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than 5%.

6. The hotel is entitled to increase the prices if municipal charges (culture tax, visitor’s tax, etc.) are levied on the accommodation. The price increase is limited to the costs of the above-mentioned charges.

7. Unless other terms of payment have been expressly agreed, the hotel’s invoices are due for payment immediately upon receipt of the invoice, without any deductions. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest on arrears at a rate of 10% above the base rate for companies and 5% above the base rate for consumers. The hotel reserves the right to prove higher damages.

8. The subletting and re-letting of rooms, other rooms, areas or showcases as well as invitations to job interviews, sales or similar events require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.

9. The hotel is entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee or similar from the customer upon conclusion of the contract. If an advance payment is not made within the agreed period, the hotel may withdraw from the contract and demand compensation.

10. In justified cases (e.g. payment arrears of the customer or extension of the scope of the contract), the hotel is entitled to demand an increase in the advance payment agreed in the contract or an increased security deposit in the amount of the expected accommodation costs.

11. The hotel is further entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay, insofar as such has not already been made in accordance with the above provisions.

12. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

IV. Room provision, room handover and room return

1. The customer does not acquire any claim to the provision of specific rooms, unless the hotel has confirmed the provision of a specific room in writing.

2. Booked rooms are available to the customer from 15:00 on the day of arrival. The customer is not entitled to earlier availability. Guests arriving before 15:00 may occupy their rooms as early as possible, subject to availability.

3. The rooms provided must be occupied by 18:00 on the day of arrival. After this time, they may be rented to other parties by the hotel, unless the customer has previously informed the hotel in writing of a later arrival. The hotel is entitled to demand a guarantee for late arrivals.

4. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After this time, the hotel may charge 50% of the agreed room rate for the additional use of the room until 6.00 p.m., and 100% from 6.00 p.m. onwards. The hotel reserves the right to assert any further claims for damages.

V. Withdrawal of the customer from the accommodation contract (cancellation)

1. Cancellation of the accommodation contract by the customer requires the prior written consent of the hotel. Without the hotel’s consent, the customer is obliged to pay 90 % of the contractually agreed price for each booked overnight stay for rooms not used, insofar as re-letting is not possible. The customer is at liberty to prove that the above-mentioned claim has not arisen or has not arisen in the amount demanded. The customer can no longer claim the room in the case of a multi-day booking if he does not arrive on the first day of the reservation without consulting the hotel. In this case, the hotel is entitled and obliged to re-let the room for the remaining period, insofar as this is possible.

2. If the hotel and the customer have agreed on a date for cancellation of the contract free of charge, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise his right of cancellation vis-à-vis the hotel by the agreed date.

3. Services provided by third parties or special services (e.g. cakes, flowers, etc.) which become useless as a result of the cancellation must be paid for in full by the customer.

VI Withdrawal of the customer from the event contract (cancellation)

1. The customer is only entitled to cancel the contract free of charge if this has been agreed in writing with the hotel. Otherwise, in the event of cancellation, the hotel is entitled to charge the agreed room rental plus provision costs for the event rooms in accordance with the following provisions, provided that it is not possible to re-rent the rooms.

2. The hotel is entitled

• 50% in the event of cancellation from 6 months before the start of the event,
• 80 % in the event of cancellation from 3 months before the start of the event,
• 90 % in the event of cancellation 14 days or more before the start of the event,

of the room hire or the conference flat rate.

3. If food and beverage sales have been agreed, the hotel shall be entitled to charge additional costs as follows in the event of cancellations:

4. If the customer cancels the booking of an event with agreed food and beverages between the 8th and 4th week before the event date, the hotel is entitled to charge 35% of the lost food turnover and 20% of the beverage turnover, and from the 4th week 80% up to the start of the event of the food and beverage turnover. The amount for food and beverages is calculated according to the number of participants agreed in the contract. If no amount has yet been contractually agreed for food and beverages, the flat rate shall be based on the lowest priced 3-course menu of the respective valid event offer. The calculation of the food turnover is then based on the formula Menu price banquet x number of persons. The beverage turnover is calculated according to 50 % of the food turnover.

5. The customer is free to prove that the hotel has suffered no disadvantage from the non-performance or that the disadvantage suffered by the hotel is lower than the lump-sum compensation demanded.

6. Services provided by third parties or special services (e.g. cakes, flowers, etc.) which become useless as a result of the cancellation must be paid for in full by the customer.

VII Withdrawal of the customer from the combined accommodation and event contract (cancellation)

1. Cancellation by the customer of the combined accommodation and event contract requires the prior written consent of the hotel. Without the hotel’s consent, the customer is obliged to pay 90 % of the contractually agreed price if it is not possible to re-let the room. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.

2. If the hotel and the customer have agreed a date for cancellation of the contract free of charge, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise his right of cancellation vis-à-vis the hotel by the agreed date.

3. Services provided by third parties or special services (e.g. cakes, flowers, etc.) which become useless as a result of the cancellation must be paid for in full by the customer.

VIII Commissions

The hotel undertakes to pay the contractually agreed commission for rooms used and for events held when arranging room allotments, events and other services. With regard to the cancellation fees in accordance with V. and VI. of these General Terms and Conditions, a claim for commission is excluded.

IX. Cancellation by the hotel

1. If the customer has agreed a right of cancellation free of charge within a certain period, the hotel is also entitled to withdraw from the contract during this period.

2. If an agreed advance payment or an advance payment requested on the basis of these General Terms and Conditions is not made on time, the hotel shall also be entitled to withdraw from the contract. In addition, the hotel may assert claims for damages against the customer.

3. The hotel is entitled to withdraw from the contract with immediate effect if, for example

• force majeure and other circumstances for which the hotel is not responsible make fulfilment of the contract impossible
• rooms and spaces are culpably booked with misleading or false information regarding material contractual facts, e.g. the identity of the customer or the purpose of his/her stay;
• the hotel has justified cause to believe that the use of the hotel’s services may jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organisation;
• the purpose or reason for the stay is unlawful;
• there is an unauthorised subletting or re-letting contrary to 3. 7. of these General Terms and Conditions;
• the hotel is closed;
• the proper accommodation and/or the proper organisation of an event cannot be guaranteed due to a conversion of the hotel;
• the customer cancels a part of the contract in the case of a combined accommodation and event contract;
• the customer has made an affidavit;
• if insolvency or composition proceedings are instituted against the customer’s assets or such proceedings are dismissed for lack of assets.

X. Number of participants, changes to the number of participants, changes to the event time and changes to the event location

1. A change in the number of participants registered by the customer by more than 5 % must be received in writing by the hotel’s banqueting department no later than 7 days before the start of the event in order to be recognised by the hotel for invoicing purposes. In the event of deviations beyond this, the originally registered number of participants less 5% shall be taken as the basis.

2. An increase in the number of participants of more than 5% requires the written consent of the hotel. In the event of an increase, the actual number of participants shall be used as the basis for invoicing.

3. If the number of participants deviates by more than 10%, the hotel is entitled to exchange the agreed rooms, provided that the size of the new rooms is appropriate for the number of participants last notified and the rooms are comparably equipped.

4. If necessary, the hotel is entitled to relocate the booked event to another room of equal value.

5. If the agreed start or end times of the event are postponed without the prior written consent of the hotel, the hotel may charge additional costs for the readiness to perform in accordance with § 315 BGB, unless the hotel is at fault for the postponement of the times.

6. In the event of postponements after midnight, the hotel is entitled to charge €1.50 including VAT per guest and hour. The number of guests shall be based on the agreed number of participants.

7 Exhibitions in the foyer and lobby are not permitted. The placement of advertising material requires the prior written consent of the hotel.

XI. Bringing food and beverages

1. Food and beverages for events are provided exclusively by the hotel. Exceptions require prior written agreement. In such cases, an amount to cover overheads (‘corkage fee’) will be charged.

2. The customer shall bear full liability for the health safety of the food and beverages brought along and shall indemnify the hotel against any claims by third parties in this respect.

3. The hotel assumes no liability for the shelf life of food brought into the hotel or taken out of the hotel for self-consumption after an event day.

XII. Technical facilities and connections

1. Insofar as the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it acts in the name of, on behalf of and for the account of the customer. The customer is liable for the careful handling and proper return of the equipment. The customer shall indemnify the hotel against all third-party claims arising from the provision of such equipment.

2. The use of the organiser’s own electrical equipment or that of third parties commissioned by the organiser using the hotel’s electricity network requires the hotel’s prior written consent. Any faults or damage to the hotel’s technical equipment caused by the use of such equipment shall be borne by the organiser, unless the hotel is responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.

3. The customer is only authorised to use his own telephone, fax and data transmission equipment with the hotel’s consent. The hotel may charge a connection fee for this.

4. Faults in the technical or other equipment provided by the hotel will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these faults.

5. If the hotel’s technical facilities remain unused because the customer has commissioned an external technical company, the hotel is entitled to demand compensation for loss of use.

XIII Music performances, artist appearances

1. If the rights of third parties (copyrights, etc.) are affected during events, the customer is obliged to obtain the corresponding authorisations at his own expense before the event is held and to pay any fees incurred (GEMA fees, etc.) directly. Should fees or claims for damages nevertheless be asserted against the hotel for the aforementioned reasons, the organiser shall indemnify the hotel against such fees or claims for damages.

2. If the participation of artists in events gives rise to an obligation to pay contributions to the artists’ social security fund, the organiser shall be obliged to pay these contributions directly.

3. In the event that the hotel engages artists for the customer’s events, the hotel shall be entitled to pass on the social security contributions to the customer.

XIV Decoration material, exhibits for events

1. Decoration material, exhibits or other items, including personal items of the customer, who is not admitted to the hotel as a guest, are located in the event rooms or in the hotel at the customer’s risk. The hotel accepts no liability for loss, destruction or damage to such items, except in cases of gross negligence or intent on the part of the hotel. Excluded from the exclusion of liability are damages resulting from injury to life, limb or health. Also excluded are all cases in which, due to the circumstances of the individual case, the safekeeping represents an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely (essential contractual obligation).

2. Decoration material brought along must comply with the fire police requirements. The hotel is entitled to demand official proof of this. If the customer does not comply with this request by the hotel, the hotel is entitled to remove and store the decoration material at the customer’s expense. Due to the possibility of damage, the installation and attachment of objects to walls and ceilings is only permitted with the prior written consent of the hotel.

3. All exhibition or other objects brought along by the customer or participants of the event must be removed by the customer immediately after the end of the event. If the customer fails to fulfil his obligation to dispose of such items immediately, the hotel shall be entitled to remove and store them at the customer’s expense. If items remain in the function room, the hotel may charge the agreed room hire fee for the duration of their retention. The customer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.

4. The customer must ensure that all waste is disposed of properly in accordance with the relevant statutory provisions.

5. If the customer instructs the hotel to dispose of packaging material, the hotel shall be entitled to charge the customer for the costs incurred as a result.

XV Liability of the customer

The organiser is liable for all damage to the hotel building and its furnishings caused by the organiser, event participants, visitors to the event, employees of the organiser or other third parties attributable to the organiser. The hotel may require the organiser to provide appropriate security (e.g. insurance, deposits, guarantees, etc.) to cover the liability risk.

XVI Defects, customer’s duty to co-operate

If defects occur in the deliveries or services of the hotel or if the services are disrupted, the customer must notify the hotel of this immediately after discovery so that the hotel has the opportunity to remedy the situation as quickly as possible or to ensure that the deliveries and services comply with the contract. If this is not possible due to the nature of the defect/disruption or for other compelling reasons, notices of defects must in any case be submitted to the hotel at the latest when the rooms are returned. The customer is obliged to minimise any damage incurred.

XVII Liability of the hotel

1. The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health. Furthermore, the exclusion of liability does not apply to other damages that are based on an intentional or grossly negligent breach of duty by the hotel. The exclusion of liability also does not apply to damages resulting from a breach of material contractual obligations. Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely. Furthermore, mandatory liability under the Product Liability Act and liability arising from any guarantee assumed by the hotel shall remain unaffected. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel.

2. The hotel shall be liable to the customer for property brought into the hotel in accordance with the statutory provisions (§§ 701 ff. BGB).

3. Insofar as the customer is provided with a parking space in the hotel garage or in a hotel car park, this does not constitute a safekeeping agreement.

4. Claims of the customer against the hotel shall become statute-barred within one year of knowledge of the circumstances giving rise to the claim. Claims for damages shall lapse within 5 years regardless of knowledge. This shortening of the limitation period shall not apply in the event of culpable injury to life, limb or liability under the Product Liability Act.

XVIII Final provisions

1. Amendments or additions to the accommodation and event contract must be made in writing to be effective. The written form is also required for the cancellation of the written form requirement.

2. Place of fulfilment and payment is the registered office of the hotel.

3. The exclusive place of jurisdiction for commercial transactions is the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

4. The law of the Federal Republic of Germany shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.

5. Should individual provisions of the accommodation or event contract or individual provisions of these General Terms and Conditions for the hotel stay and for the organisation of events be or become invalid, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.

Status: April 2020

General Terms and Conditions for Package Travel Contracts

OF FLEESENSEE SCHLOSSHOTEL GMBH – VALID FOR NEW BOOKINGS OF PACKAGE HOLIDAYS FROM 01.07.2018

1. Conclusion of the package travel contract / obligation for fellow travellers

1.1 The following applies to all booking channels:

a) The basis of this offer is the travel advertisement and the supplementary information provided by the tour operator for the respective trip, insofar as these are available to the customer at the time of booking.

b) The customer shall be responsible for all contractual obligations of travellers for whom he makes the booking as for his own, insofar as he has assumed this obligation by express and separate declaration.

declaration.

c) If the content of the tour operator’s travel confirmation differs from the content of the booking, this constitutes a new offer by the tour operator to which he is bound for a period of ten days.

The contract is concluded on the basis of this new offer insofar as the tour operator has pointed out the change in the new offer and has fulfilled its pre-contractual information obligations and the customer declares acceptance to the tour operator within the binding period by means of an express declaration or down payment.

d) The pre-contractual information provided by the tour operator regarding 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 (in accordance with Article 250 § 3 number 1, 3 to 5 and 7 EGBGB) shall only not become part of the package travel contract if this has been expressly agreed between the parties.

1.2 The following applies to bookings made verbally, by telephone, in writing, by e-mail, by fax or electronically (e.g. Internet):

a) With the booking (travel registration), the customer makes a binding offer to the tour operator to conclude the package travel contract.

b) The contract is concluded upon receipt of the travel confirmation by the tour operator. Upon or immediately after conclusion of the contract, the tour operator shall send the customer a travel confirmation in accordance with the statutory requirements.

2 Payment

2.1 Tour operators may only demand or accept payment of the tour price before the end of the package tour if an effective customer money protection contract is in place and the customer has been provided with the insurance certificate with the name and contact details of the customer money insurer in a clear, comprehensible and emphasised manner.

3. changes to the content of the contract before the start of the tour that do not affect the tour price

3.1 The tour operator is permitted to make changes to essential features of travel services from the agreed content of the package travel contract which become necessary after conclusion of the contract and which were not brought about by the tour operator in bad faith before the start of the tour, provided that the changes are insignificant and do not affect the overall nature of the tour.

3.2 The tour operator is obliged to inform the customer of changes to services immediately after becoming aware of the reason for the change on a durable medium (e.g. also by email, SMS or voice message) in a clear, comprehensible and emphasised manner.

3.3 In the event of a significant change to an essential feature of a travel service or a deviation from the customer’s special requirements, which have become part of the package travel contract, the customer is entitled, within a reasonable period set by the tour operator at the same time as notification of the change

– either accept the change

– or withdraw from the package travel contract free of charge

– or to demand participation in a substitute tour if the tour operator has offered such a tour.

The customer has the choice of responding to the tour operator’s notification or not. If the customer responds to the tour operator, he can either agree to the contract amendment, demand to take part in a substitute tour if one has been offered to him, or withdraw from the contract free of charge. If the customer does not respond to the tour operator or does not respond within the set deadline, the notified change is deemed to have been accepted. The customer must be informed of this in a clear, comprehensible and emphasised manner in the declaration in accordance with section 3.2.

3.4 Any warranty claims remain unaffected if the changed services are defective. If the tour operator had lower costs for the execution of the modified tour or replacement tour with equivalent quality, the customer shall be reimbursed the difference in accordance with § 651m para. 2 BGB.

4 Cancellation by the customer before the start of the trip / cancellation costs

4.1 The customer may withdraw from the package travel contract at any time before the start of the tour. Cancellation must be declared to the tour operator. If the trip was booked through a travel agent, the cancellation can also be declared to the travel agent. The customer is advised to declare the cancellation on a durable medium.

4.2 If the customer cancels before the start of the tour or does not start the tour, the tour operator loses the right to the tour price. Instead, the tour operator may demand reasonable compensation if it is not responsible for the cancellation or if extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the performance of the package tour or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the tour operator and their consequences could not have been avoided even if all reasonable precautions had been taken.

4.3 The amount of compensation is determined by the tour price less the value of the expenses saved by the tour operator and less what the tour operator acquires through other use of the travel services, which must be justified by the tour operator at the customer’s request. The tour operator has defined its compensation flat rates in the travel descriptions and in the travel contract, taking into account the period between the declaration of cancellation and the start of the trip as well as the expected savings in expenses and the expected income from other uses of the travel services.

4.4 In any case, the customer is entitled to prove that the reasonable compensation to which the tour operator is entitled is significantly lower than the flat-rate compensation demanded by the customer.

4.5 The tour operator reserves the right to demand higher, individually calculated compensation instead of the above compensation flat rates, insofar as the tour operator can prove that it has incurred significantly higher expenses than the applicable compensation flat rate. In this case, the tour operator is obliged to specifically quantify and justify the compensation claimed, taking into account the expenses saved and deducting what it acquires through other use of the travel services.

4.6 If the tour operator is obliged to refund the tour price as a result of a cancellation, it must do so immediately, and in any case within 14 days of receipt of the cancellation notice.

4.7 The statutory right of the customer to demand from the tour operator, in accordance with § 651e BGB, that a third party assumes the rights and obligations arising from the package travel contract instead of the customer, by means of notification on a durable medium, remains unaffected by the above conditions. Such a declaration shall in any case be deemed to have been made in good time if it is received by the tour operator 7 days before the start of the tour.

5. rebookings

5.1 The customer is not entitled to make changes to the travel date, the destination, the place of departure, the accommodation or the mode of transport (rebooking) after conclusion of the contract. This does not apply if the rebooking is necessary because the tour operator has provided the traveller with no, insufficient or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; in this case, the rebooking is possible free of charge.

If, in other cases, a rebooking is nevertheless made at the customer’s request, the tour operator may charge a rebooking fee, which is determined as follows: Up to 30 days before departure, the rebooking fee is 30 euros per person.

5.2 Rebooking requests made by the customer after the deadlines have expired can only be carried out, if at all possible, after cancellation of the package travel contract in accordance with Clause 4 on the conditions and simultaneous rebooking. This does not apply to rebooking requests that only incur minor costs.

6. services not utilised

If the traveller does not make use of individual travel services which the tour operator was willing and able to provide in accordance with the contract for reasons attributable to the traveller, the traveller shall not be entitled to a pro rata refund of the travel price, unless such reasons would have entitled the traveller to withdraw from or terminate the travel contract free of charge in accordance with the statutory provisions. The tour operator shall endeavour to obtain reimbursement of the expenses saved by the service providers. This obligation does not apply if the expenses are completely insignificant.

7 Cancellation due to failure to reach the minimum number of participants

7.1 The tour operator may only withdraw from the package travel contract if the minimum number of participants is not reached if it

a) specifies the minimum number of participants in the respective pre-contractual information and the

the time by which the customer must have received the declaration at the latest before the contractually agreed start of the tour, and

b) states the minimum number of participants and the latest cancellation deadline in the travel confirmation.

Cancellation must be declared to the customer at the latest on the day specified to the customer in the pre-contractual information and the travel confirmation. If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached, the tour operator must immediately exercise its right of cancellation.

7.2 If the tour is not carried out for this reason, the tour operator must refund the customer’s payments towards the tour price without delay, and in any case within 14 days of receipt of the cancellation notice.

8 Cancellation for behavioural reasons

The tour operator may terminate the package travel contract without notice if the traveller persistently disturbs the tour despite a warning from the tour operator or if the traveller behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified. This does not apply if the behaviour in breach of contract is due to a breach of the tour operator’s duty to provide information. If the tour operator cancels the contract, it retains the right to the tour price; however, it must offset the value of the saved expenses and the benefits that it obtains from any other use of the unused service, including the amounts credited to it by the service providers.

9 Obligations of the traveller to cooperate

9.1 Travel documents

The customer must inform the tour operator or his travel agent through whom he has booked the package tour if he does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period notified by the tour operator.

9.2 Notification of defects / request for remedy

If the tour is not provided free of travel defects, the traveller may demand redress. If the tour operator is unable to remedy the situation due to a culpable omission of the notification of defects, the traveller may neither assert claims for a reduction in price in accordance with Section 651m BGB nor claims for damages in accordance with Section 651n BGB The traveller is obliged to notify the tour operator’s representative or the tour operator itself of the defects immediately on site. The tour operator’s representative is instructed to remedy the situation if possible. However, he is not authorised to recognise claims.

9.3 Setting a deadline before cancellation

If a customer/traveller wishes to terminate the package travel contract due to a travel deficiency of the type described in Section 651i (2) BGB, insofar as it is significant, in accordance with Section 651l BGB, they must first set the tour operator a reasonable deadline for remedial action. This only does not apply if the tour operator refuses to remedy the situation or if immediate remedy is necessary.

10 Limitation of liability

10.1 The contractual liability of the tour operator for damages that are not physical injuries and were not culpably caused is limited to three times the tour price. Any further claims under international agreements or statutory provisions based on such agreements remain unaffected by this limitation.

10.2 The tour operator is not liable for service disruptions, personal injury and damage to property in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions) if these services were expressly and clearly identified as third-party services in the travel description and travel confirmation, stating the identity and address of the arranged contractual partner, so that they are recognisably not part of the tour operator’s package tour for the traveller and were selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this. However, the tour operator is liable if and to the extent that the tour operator’s breach of information, clarification or organisational obligations was the cause of damage to the traveller.

11. assertion of claims: Addressee, information on consumer dispute resolution

11.1 The customer/traveller must assert claims in accordance with § 651i Para. 3 No. 2, 4-7 BGB against the tour operator.

11.2 With regard to the law on consumer dispute resolution, the tour operator points out that it does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for the tour operator after the printing of these travel conditions, the tour operator will inform the customer of this in an appropriate form. The tour operator refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.

12 Passport, visa and health regulations

12.1 The tour operator shall inform the customer/traveller about general passport and visa requirements as well as health formalities of the destination country, including the approximate deadlines for obtaining any necessary visas before the conclusion of the contract and any changes to these before the start of the trip.

12.2 The customer/traveller is responsible for obtaining and carrying the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Any disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the customer/traveller. This does not apply if the tour operator has provided no, insufficient or incorrect information.