By making a booking, the customer is making an offer to tour operator TT GmbH, whose registered office is in Cologne, Germany, hereinafter abbreviated to “TT”, to conclude a legally binding travel contract. This offer is based on the website content or booking information and any additional information (if any) provided by TT for the relevant travel product.
Concerning bookings on request, it can take up to 7 working days for TT to enquire availability with the accommodation. During this time the customer stays bound to his offer.
Travel intermediaries (e.g. travel agencies) and service providers (e.g. hotels, carriers) are not authorised by TT to enter into agreements, provide information or make assurances which alter the agreed content of the travel contract, go beyond the services contractually agreed by TT or contradict its website content or booking information. Resort and hotel brochures not published by TT are not binding on TT, unless they have been made part of the website content or booking information or part of TT’s duty to perform by express agreement with the customer.
The booking may be made in writing, verbally, by telephone, fax, Internet or e-mail. The customer shall be responsible for the performance of the contractual obligations of those travelling with him for whom he is making the booking, as well as for his own contractual obligations, insofar as he has assumed this responsibility by means of an express, separate declaration. In the case of electronic bookings, TT will immediately confirm receipt of the booking by e-mail. However, this confirmation of receipt of the booking shall not constitute TT’s acceptance of the booking.
The contract comes into effect upon acceptance by TT. No specific form shall be required for the acceptance. Upon conclusion of the contract or immediately thereafter, TT shall send the customer a written confirmation. TT is not obliged to do so if the customer makes the booking less than seven working days prior to departure.
If the content of the booking confirmation differs from the content of the booking, a new offer shall be deemed to have been made by TT and by which TT shall be bound for a period of ten days. The contract shall come into being based on this new offer if it is accepted by the customer within the said ten day period by means of an express declaration, deposit, payment of any balance due in full or in part, or by the customer’s departure.
If the person making the booking does not have the tour operator’s booking conditions when booking by telephone, these shall be sent to him with the travel confirmation and shall become an integral part of the travel contract as specified in clause 1 f.
Payment, travel documents
Payments towards the agreed cost of the holiday prior to travelling may only be made in return for the issuance of a Certificate of Security as defined in § 651 k para. 3 of the German Civil Code (“Bürgerliches Gesetzbuch”; “BGB”). A deposit of 25% of the cost of the holiday is payable following conclusion of the contract, in return for the issuance of a Certificate of Security. In case insurance was selected at the time of booking, the full insurance amount is due with the deposit payment.
The balance is due 42 days prior to departure. If the booking is made less than 42 days prior to departure, the total amount is payable immediately.
If the customer does not pay the deposit and/or the balance due at the agreed dates, TT shall be entitled, after sending a payment demand with a deadline for payment, to cancel the holiday contract and to charge the costs of such cancellation to the customer in accordance with clause 4.
Provided the full payment has been received by TT, the final travel documents will be sent from 14 days before the start of the holiday.
Changes to the services provided
Changes to or variations in holiday services which become necessary after the contract is concluded and which are not made by TT in bad faith, are permitted insofar as such changes or variations are minor and do not adversely affect the overall configuration of the holiday as agreed. Warranty claims shall not be affected where the amended services are defective.
TT shall have a duty to notify the customer immediately of any changes to or variations in services. If necessary, TT shall offer the customer the opportunity to change his booking free of charge or to cancel the contract free of charge. In the event of a significant change to a material holiday service, the customer shall be entitled to cancel the holiday contract without charge or to accept an alternative holiday of at least equal value, if TT is in a position to offer such a holiday from its product range, at no additional cost to the customer. The customer shall exercise these rights immediately upon receipt of notification from TT about the change to the agreed holiday services.
Cancellation by the customer prior to departure
Subject to the provisions of these Booking Conditions, the customer may cancel the agreed holiday at any time prior to departure. For the cancellation to become effective, notice of cancellation by the customer must be received by TT (see below for address) or the travel agency where the holiday was booked on a date prior to departure. The customer is advised to notify the cancellation in writing. If the customer cancels all or part of the holiday contract or does not commence the holiday, TT loses its entitlement to the cost of the holiday. Instead, provided that the cancellation is not attributable to TT or there is no case of force majeure ("höhere Gewalt"), TT is entitled to a full reimbursement in respect of any holiday arrangements made and costs incurred thereby. Costs which are usually saved and holiday services which can usually be used elsewhere are to be taken into account when calculating the reimbursement.
TT may elect to claim its entitlement to reimbursement as a percentage of the cost of the holiday, using the following scale based on how close the cancellation date is to the contractually agreed departure date, as follows: in the event of cancellation up to 30 days prior to departure 20% (if flights are included 50%), up to 15 days prior to departure 40% (if flights are included 65%), up to 8 days prior to departure 70% (if flights are included 80%), and fewer than 7 days prior to departure and in the event of non-departure 90% of the cost of travel. In the event of complete cancellation (i.e. not just individual participants) of accommodation units for 10 or more people, the following flat rates shall apply to reflect the fact that such units can only be rented out further in advance: up to 16 weeks prior to departure 20% (if flights are included 50%), up to 12 weeks prior to departure 30% (if flights are included 60%), up to 8 weeks prior to departure 40% (if flights are included 65%), up to 4 weeks prior to departure 60% (if flights are included 75%), up to 15 days prior to departure 70% (if flights are included 80%), up to 8 days prior to departure 80% (if flights are included 85%), and fewer than 7 days prior to departure or in the event of non-departure 90% of the cost of travel. If notice of cancellation is received outside office hours (not including Saturdays), the date of cancellation will be deemed to be the next working day thereafter (not including Saturdays).
TT may, pursuant to § 651 i para. 2 of the German Civil Code, demand reimbursement from the customer for any loss actually incurred, this being the cost of the holiday less any costs saved and any use of the holiday services by TT in any other way.
If one or more people in a group withdraw, with the result that the accommodation unit (e.g. double room, apartment) is still occupied by the remaining people, the cancellation costs are generally calculated in accordance with clause 4 b (irrespective of the time of cancellation).
The customer shall be entitled to prove to TT that no loss or a considerably smaller loss was incurred than any flat rate amount being claimed under clause 4 a.
Changes to reservations
Once the contract has been concluded, the customer shall not be entitled to make any amendments with regard to the date of travel, destination, place of departure, accommodation, method of travel or miscellaneous services (changes to reservation). If, at the customer’s request, a reservation is nevertheless changed, TT shall be entitled to charge a change of reservation fee of $35 per passenger for any changes requested up to 31 days prior to departure (change of reservation fees for for flights will be added to the existing fees). Requests for changes to the customer’s reservation from 30 days prior to departure may only be carried out by way of cancellation of the holiday contract as stated in clause 4, together with a simultaneous new booking application. This does not apply in the case of requests for insignificant changes to reservations (changes to lift passes, equipment, lessons and additionally bookable board) which only result in minor outlay on behalf of TT. The company reserves the right to apply a £9 service charge per service for amending the requests accordingly. If the change to the reservation amounts to a partial cancellation, the provisions of clause 4 may be applied by TT.
Until the holiday commences, the customer can request that a third party replaces him with regard to all of his rights and duties under the holiday contract. A fee of $35 per passenger shall be payable for such change of reservation in addition to any costs incurred by TT as a result of such replacement (change of reservation fees for for flights will be added to the existing fees). TT shall be entitled to refuse to accept the third party if the latter does not meet the particular holiday requirements or if his involvement breaches statutory provisions or official regulations. If a third party enters into the contract, the customer and the third party shall be jointly liable to TT for the cost of the holiday and for any additional costs incurred as a result of the third party entering into the contract with TT.
Services not used
If the customer does not use certain holiday services which are offered to him in the proper manner for reasons attributable to him (e.g. because of returning home early or for other urgent reasons), he shall not be entitled to any reimbursement of the cost of the holiday. TT shall attempt to obtain reimbursement from service providers of the costs saved, save that this duty shall not apply in the case of purely minor services or if reimbursement would be contrary to statutory or official provisions.
Termination on conduct grounds
TT may terminate the holiday contract without notice if, in spite of having been given a warning by TT, the customer persistently disrupts the carrying out of the holiday or if he behaves in a manner so contrary to the contract that TT is justified to terminate the holiday contract immediately. If TT terminates the holiday contract, TT shall remain entitled to the cost of the holiday; however, TT must offset the value of the expenditure saved as well as the benefits which TT obtains from re-using the unused services elsewhere, including the amounts credited to TT by the service providers.
Duties of the customer
Reporting of problems: if the agreed holiday services are not provided in accordance with the contract, the customer shall be entitled to demand a rectification of this situation. The customer shall report any problems or deficiencies affecting the holiday to TT immediately. If the customer fails to do so through his fault, he shall not be entitled to any reduction in the cost of the holiday. This shall not apply if such notification cannot be reasonably expected to be given in the prevailing circumstances. The customer shall make his complaint known to the local representative at the holiday destination immediately. If there is no local representative at the holiday destination, any holiday problems shall be reported to TT at its head office. The customer will be informed of how to contact the local representative / TT in the description of the services provided, but latest with the holiday documents. It is the local representative’s duty to try to solve the problem, where this is possible. However, the local representative does not have authority to accept or make any admissions in relation to the customer’s claims.
Setting of deadlines prior to termination: if a customer wishes to terminate the holiday contract because of a deficiency in the holiday services described in § 651 c of the German Civil Code, pursuant to § 651 e of the German Civil Code or on important grounds recognisable by TT because of it being unreasonable to continue, the customer must first set TT an appropriate deadline by which to rectify the situation. This does not apply if rectification is impossible or is refused by TT or if immediate termination of the contract is justified by the existence of a special interest of the customer and such special interest was or should have been clearly recognisable by TT.
Loss of baggage and delayed baggage: TT recommends that damaged or delayed baggage is reported immediately locally using the relevant airline’s loss report form (P.I.R.). Airlines usually refuse payment if the loss report form has not been completed. The loss report form must be returned within 7 days from the date of issue of the form in the case of lost baggage and within 21 days from the date of issue in the case of delay. In addition, the loss, damage or misrouting of baggage must be notified to the local tour guide or TT’s local representative.
Travel documents: the customer must inform TT if he does not receive the necessary travel documents (e.g. air ticket, hotel voucher) within the period stated by TT.
Duty to minimise loss: the customer must do everything possible to prevent the occurrence of a loss and to minimise the damage. In particular, he shall make TT aware of the risk of loss or damage.
Limit on liability
Except in the case of death or personal injury or in the case of damage to property caused wilfully or through gross negligence by TT or through default of a service provider for whom TT is responsible, TT’s contractual liability for loss or damage shall be limited to three times the cost of the holiday.
TT’s liability in tort for property damage which is not caused deliberately or as a result of gross negligence, shall be limited to three times the cost of travel. This limit of liability is applicable per customer and per trip. Any additional claims relating to baggage under the Montreal Convention are not affected by the limit. In this respect the customer is strongly advised to take out travellers’ accident and baggage insurance.
TT shall not be liable for default, bodily injury and property damage in connection with services which are merely arranged by TT as external services (e.g. operation of ski lifts, ski bus, etc.) and are expressly designated as external services in the description of the holiday.
Excluded claims and time limit for bringing actions
Any claims arising out of failure to provide the holiday in accordance with the contract shall be notified to TT within one month of the contractually agreed completion of the holiday. Claims may only be made against TT (see address below) if they have been notified within this deadline. Once the deadline has expired, the customer may only bring claims if he has been prevented from complying with the above deadline for reasons beyond his control. However, the above limitation period does not apply in relation to the reporting of damage to baggage, delayed baggage or lost baggage in connection with flights in accordance with clause 8 c. These claims must be notified within 7 days in the case of lost baggage and within 21 days in the case of delayed baggage.
The time limit for the customer to bring claims under §§ 651 c - f of the German Civil Code is one year. The time limit begins on the day on which the trip should have ended according to the contract. If negotiations are pending between the customer and TT about the claim or the circumstances on which the claim is based, the time limit shall be suspended until the customer or TT refuses to continue with the negotiations. The claim shall be deemed time barred no sooner than 3 months after the suspension ends.
Identity of the airline
At the time of booking, TT shall inform the customer of the identity of the airline carrying out all the flight services to be provided as part of the trip as booked. If the airline providing the service is not yet known at the time of booking, TT shall inform the customer of the airline/airlines which are likely to be carrying out the flight. As soon as TT knows which airline is carrying out the flight, TT shall notify the customer. If there is a change of airline from that notified to the customer, TT must ensure that the customer is informed of the change as soon as possible.
Passport, visa and health requirements
TT shall inform nationals of any Member State of the European Community in which the holiday is offered about passport, Visa and health regulations before concluding the contract, and shall also inform the customer about any changes prior to departure. In the case of nationals of other countries, the relevant Consulate will provide information. For the purposes of this provision, it will be assumed that the situation of the customer and any accompanying persons is not unusual and likely to cause problems in any way (e.g. dual nationality, statelessness).
TT shall not be liable for the necessary Visa being issued and received on time from the relevant diplomatic office (even if the customer has instructed TT to obtain it), unless the delay is directly attributable to TT.
The customer is responsible for obtaining and carrying the necessary travel documents, obtaining any vaccinations which may be required and for complying with customs and currency regulations. All losses, and especially the payment of return travel costs, incurred as a result of the customer’s failure to comply with the said regulations, shall be met by the customer unless they are the result of negligently incorrect information or negligent failure to provide information on the part of TT.
Choice of law
The contract between the customer and TT shall be subject to German law save that this choice of law shall not have the result of depriving the customer of the protection afforded to him by the mandatory rules of the law of the country in which he has his habitual residence where such mandatory rules apply to the operation of this contract. In such a case, German law shall continue to apply with the proviso that the mandatory rules of the law of the country in which the consumer has his habitual residence shall prevail in the event of any conflict with German law.
Provided the customer is a consumer, he may bring actions against TT at his place of residence or at the registered office of TT. Claims by TT against customers who are consumers shall be brought at the place where the customer resides.
In the case of claims against customers/parties to the holiday contract who are business people or legal entities under public or private law, it is agreed that the place of jurisdiction shall be the place where TT has its registered office.
In the case of claims against customers whose place of residence or usual home is unknown at the time of bringing the claim, it is agreed that the place of jurisdiction shall be the place where TT has its registered office.
The above provisions shall not apply if and insofar as is otherwise agreed in the customer’s favour under the contractually non-modifiable provisions of international conventions applicable to the contract of travel between the customer and TT, or if and insofar as non-modifiable provisions applicable to the contract of travel in the Member State of the EU to which the customer belongs are more favourable for the customer than these provisions or the corresponding German statutory provisions.
Invalidity or ambiguity of certain provisions
The invalidity of certain provisions in the holiday contract shall not render the holiday contract void as a whole.
These booking conditions are direct translations of the underlying German language version. In cases of any ambiguity or conflict between the wording of the German and the English version, the terms of the German language version shall prevail.
TravelTrex GmbH, Bonner Str. 484-486, 50968 Cologne, Germany, HRB 31998, Local Court Cologne, Managing Directors: Andreas Rühl, Thomas Bartel. SnowTrex is a trademark of TravelTrex GmbH.