Dear foreign guest,
The following translation of the Terms and Conditions for travel packages offered by Mosellandtouristik GmbH is exclusively offered as a service for your better understanding.
Exclusively the German version is legally relevant.
We would ask you to read through the following terms and conditions of travel carefully. These terms and conditions of travel will become an integral part of the travel contract which you – hereinafter known as travelor- enter into with Mosellandtouristik GmbH, hereinafter known as „Mosellandtouristik“, as tour operator. These terms and conditions of travel shall only apply for Mosellandtouristik all-inclusive offers. These do not apply to the brokerage of external services (for example guided tours and entry tickets) and not for contracts of accommodation services, or the brokerage thereof. They supplement the statutory provisions of §§ 651a- y German Civil Code (BGB) and article 250 and 252 of EGBGB (Introductory law for the German Civil Code (BGB) and apply as follows:
Dear foreign guest,
1. Conclusion of Contract
1.1 With the booking (travel registration), which can be made verbally, by telephone, in writing, per Fax, per e-mail, Mosellandtouristik‘ s customer offers the binding conclusion of a travel agreement. The basis of the offer is the travel description, these terms and conditions of travel and all supplementary information in the booking basis (catalogue, host directory, internet), as far as these are available to the customer.
1.2 The travel contract comes into existence with the receipt of the booking confirmation (declaration of acceptance) by the travel organiser. At or immediately after the conclusion of the contract, the travel organiser will provide the customer with a travel confirmation in accordance with the statutory provisions on a permanent data carrier (which allows the customer, to retain the declaration in unchanged form or to store it in such a way that it is accessible to him for an adequate time period, e.g. on paper of by email), provided that the traveller is not eligible for a travel confirmation in paper form according to Art. 250 § 6 para. (1) sentence 2 EGBGB, because the conclusion of the contract was performed in simultaneous physical presence of both parties or outside of businesspremises.
1.3 Insofar that Mosellandtouristik offers the option of a binding booking by means of an electronic conclusion of contract via an internet platform, the following applies for this type of contract:
a) The online booking process is explained to the customer by means of relevant notes. The contract language is exclusively the German language.
b) The customer can correct or delete or reset the entire online booking form by means of a correction option which is explained in the course of the booking process.
c) After the customer has concluded the selection of the desired travel service and has entered his personal data, all the data including all the essential information about prices, services, booked additional services and any booked travel insurance are displayed. The customer now has the option of discarding the entire booking or to rebook.
d) By clicking the "Make payable reservation", the customer is bindingly offering the the conclusion of the travel contract to Mosellandtouristik. Clicking this button, and after receipt of a booking confirmation by Mosellandtouristik therefore results in the conclusion of a payable travel contract. Sending the contractual offer by clicking the "Make payable reservation" button does not establish any entitlement on the part of the traveller to the conclusion of a travel contract. Mosellandtouristik is instead at liberty to accept the traveller’s contractual offer (the booking) or not.
e) If the booking is not confirmed in real time Mosellandtouristik will immediately confirm the receipt of the booking to the customer by electronic means. However, this confirmation of receipt does not constitute a booking confirmation and does not constitute a claim of conclusion of the travel contract in accordance with the booking request of the customer.
f) The travel contract comes into existence with the receipt of the booking confirmation by the customer which Mosellandtouristik will provide in the form the customer specified during the booking process, e.g. via email, per Fax or by postal service.
1.4 Should the booking confirmation by Mosellandtouristik differ from the customer‘s booking, this constitutes a new offer by Mosellandtouristik to which Mosellandtouristik is bound for 7 days following the date of the booking confirmation. The contract shall be concluded on the basis of the amended offer, if the customer expressly declares acceptance thereof by means of declaration, down payment or final payment. The same applies if Mosellandtouristik has presented a written offer for a fixed-rate package to the customer.
1.5 The pre-contractual information about the integral properties of the travel services, the travel price and all additional costs, the payment terms, the minimum number of participants, and the cancellation fees (according to article 250 § 3 No. 1, 3 to 5 and 7 EGBGB) provided by Mosellandtouristik are only then not an integral part of the package travel contract, if this expressly agreed between the parties.
1.6 Mosellandtouristik points out that according to the statutory provisions (§§ 312, section 7, 312g section 2 sentence 1 figure 9, of the German civil code), for package travel contracts according to § 651a and § 651c German Civil Code (BGB) that were concluded by means of distance selling (letters, catalogues, by phone, copying, email, messages sent via mobile communications (SMS) as well as radio, telemedia
and online services) are not subject to right of revocation, but only to the traveller’s statutory right of withdrawal and termination in particular the right of withdrawal according to § 651h German civil code (also see point 8). However, a right of revocation exists according to Section 651a BGB (German Civil Code), if the contract for package holiday services has been concluded outside business premises.
2.1 Travel agents and service providers, in particular accommodation companies, are not authorized by Mosellandtouristik to provide assurances or enter into agreements which go beyond the scope of the travel offer in the booking confirmation or contract this or amend the content of the travel contract.
2.2 Information in hotel guides, brochures and similar directories, in particular also brochures of the accommodation providers, which are not published by Mosellandtouristik are not binding for Mosellandtouristik‘s service performance, provided that they have not been made content of the service obligation of the host by express agreement with the guest.
3. Down payment / Payment of remaining balance
3.1 Travel agents and travel brokers may only demand or accept payments for the travel prior to the end of the package travel, if an effective customer‘s money guarantee agreement exits or the customer has received a security certificate that states the name and contact information of the customer money guarantor in a clear, understandable and highlighted manner. Upon conclusion of the contract (receipt of a booking confirmation) and after delivery of a security certificate, a down payment must be made which counts towards the travel price. Unless an agreement is made to the contrary in an individual case it will amount to 10% of the travel price.
3.2 The remaining payment will become payable 3 weeks before the beginning of the trip, unless another payment date has been agreed in an individual case, the insurance cover note has been handed over and and insofar that it is established the travel can no longer be cancelled for the reasons stated in point 9 of these terms and conditions The entire price will be payable immediately for bookings made less than 3 weeks before the beginning of the trip.
3.3 Notwithstanding the provision in point 3.1 and 3.2, the obligation of handing over a „Sicherungsschein“ (certificate of insurance) lapse, if the trip does not include any transportation from or to the destination and it is agreed that entire cost of the travel - without advanced payment - only has to be paid on location at the end of the trip/stay (termination of the package tour).
3.4 The following applies if the customer has no contractual or legal right of withdrawal and Mosellandtouristik is ready and able to render the contractual services and has fulfilled their legal information duties:
a) If the guest fails to pay the down payment of the remaining balance or fails to pay either of them in full at the dates for payment agreed, without the guest being entitled to a contractual or statutory right to do so, Mosellandtouristik shall, having sent out a written payment reminder with a set period of payment, consequently be entitled to withdraw from the contract and charge the guest with withdrawal costs in accordance with point 4 of these terms and conditions. Mosellandtouristik is not entitled to these rights if the travel guest is not responsible for the delay in payment.
b) Without full payment of the travel price, the customer is not entitled to the travel services or handing over of the travel documents.
4. Withdrawal by the customer, rebooking
4.1 The customer may withdraw from the trip at any time until the trip begins. For the purpose of avoiding misunderstandings, it is recommended to explain the withdrawal from the contract in writing. The date of withdrawal shall be the date on which withdrawal is received by Mosellandtouristik.
4.2 If the customer withdraws before the start of the journey or does not begin the journey, Moselland Tourism loses its claim to the travel price. Instead Moselland Tourism can demand adequate compensation, provided that the withdrawal is not represented by Moselland Tourism. Moselland Tourism cannot claim compensation for unavoidable, extraordinary circumstances at the place of destination or in its immediate vicinity which significantly affect the operation of the package holiday or the transport of persons to the place of destination; Circumstances are unavoidable and extraordinary if they are not subject to the control
of Moselland Tourism and could not have been avoided even if all reasonable precautions had been taken.
4.3 The travel organiser has specified the following compensation lump-sums taking into account the period between the notice of withdrawal and the start of the travel taking into account the expected savings in expenses and the expected gain through other uses of the travel services. The compensation is calculated according to the respective cancellation fee after receipt of the notice of withdrawal:
- up until the 31st day before the beginning of the trip 10 %
- from the 30th to the 21st day before the beginning of the trip 20 %
- from the 20th day to the 12th day before the beginning of the trip 30 %
- from the 11th day to the 3rd day before the beginning of the trip 70 %
- from the 2nd day to the the day on which the trip begins and in the event that the tourist fails to appear 90 % of the cost of the trip
4.4 We urgently recommend taking out a travel cancellation insurance as well as insurance which covers repatriation costs in case of accidents or illness.
4.5 The customer is at liberty to prove that the costs incurred by Mosellandtouristik are less than those set rates above or that Mosellandtouristik has not incurred any costs. In this case the customer is only obliged to pay the lower costs.
4.6 A flat-rate compensation payment as per point 4.3. is deemed not to have been determined and agreed, insofar as Mosellandtouristik proves that it has incurred significantly higher expenses than the calculated amount of the flat-rate payment as per point 4.3. In such cases, Mosellandtouristik is obligated to quantify and justify the compensation sought in concrete terms, giving due consideration to the saved expenses and the acquisition of any other use of the travel services.
4.7 Should the customer wish to make modifications with regard to the travelling date, accommodation, catering or other services (rebookings) after conclusion of the contract, Mosellandtouristik can charge a rebooking fee of €15 up to 32 days before the travel date without this resulting in any legal claim on the rebooking for the customer and as long as it is at all possible. Later rebookings are only possible through withdrawal from the travel contract and new bookings according to the above cancellation conditions. This does not apply to rebooking requests that cause only minor additional costs.
4.8 If Mosellandtouristik is obligated to refund the tour price as a result of a withdrawal, §651h(5) of the German Civil Code (BGB) remains unaffected.
4.9 The consumer‘s statutory right according to § 651 e German Civil Code (BGB), to demand a notice by means of a notice on a permanent data carrier by Mosellandtouristik, that a third party will assume the rights and obligations from the package travel contract instead, remains unaffected by the aforementioned conditions. Such a declaration is in any case timely, if it is received by Mosellandtouristik 7 days prior to the start of the travel.
5. Obligations of the traveller (notice of defects, cancellation)
5.1 The traveller is obliged to immediately notify Mosellandtouristik of any possible defects and to demand that the defect is rectified. Claims of the traveller only remain valid, if the failure to assert a claim on time does not result from any responsibility of the traveler. However, the traveler can also provide the notice of defect to his travel broker, via whom he booked the travel. A notice of defects to the service provider, in particular the accommodation company is not sufficient.
5.2 If, due to a deficiency, the travel is adversely affected to a considerable extent, or if the traveler cannot be expected to go on the trip as a result of such a defect for a serious reason recognised by Mosellandtouristik, the traveller may serve notice of termination on the travel contract in accordance with the statutory provisions (§ 651 I German Civil Code (BGB)). If a customer / traveller wants to cancel the package travel agreement due to a travel defect as described in § 651i Abs. (2) German Civil Code (BGB), provided that this is significant, in accordance with provisions § 651l German Civil Code, he must first provide the travel organiser with an adequate time period for remedial action. This shall not apply if the travel organiser refuses to rectify the defect or if an immediate remedy is necessary.
5.3 The traveller can make a claim under Section 651i Para. (3) No. 2, 4-7 BGB for non-contractual provision of travel services to Moselland Tourism at the address indicated below. The assertion can also be made through the travel agent if the trip was booked through them. The contractual claims listed in Section 651 i Para. (3) BGB expire after two years. The limitation period begins the day after the journey stated in the contract is complete. A claim in text form is strongly recommended.
6. Special obligations of the traveller for packages with medical services, spa treatment, wellness offers
6.1 For packages that contain medical services spa treatments, wellness offers or comparable services, the onus is on the traveller to inform himself, before booking, before the travel and before making use of the services, whether the respective treatment or services are suitable for the traveller, taking into consideration his personal health, in particular any existing complaints or illnesses.
6.2 To this regard, in the absence of an express agreement, Mosellandtouristik does not owe any special medical information, in particular specific to the traveller, or any instructions about consequences, risks and side effects of such services.
6.3 The above provisions apply irrespective of whether Mosellandtouristik only acts as the broker for such services or whether these are parts of the travel services.
7. Special obligations of the traveller for bicycle trips
7.1 It is the traveller’s responsibility to ensure traffic safety, technical functioning and any other conditions related to carrying an own bicycle. In this context, Mosellandtouristik is not subject to the obligation to provide advice or inspection.
7.2 The customer has the duty to inspect his/her own bicycle or a bicycle provided by us for technical deficiencies and traffic safety, both at the beginning of the tour and during the tour. In accordance with their general legal obligation to report defects, the traveller must report any defects that might occur immediately to the appointed Mosellandtouristik guides - or should a tour guide not be contractually included - report defects directly to Mosellandtouristik - and request that the problems with the provided bicycles be remedied. The traveller is obliged to strictly adhere to all traffic regulations.
7.3 The traveller is bound to avoiding any damage, impairment or endangerment of persons or property and to adapt his driving style accordingly when riding his/her bicycle.
8.1 The contractual liability of Mosellandtouristik for damages is limited to three times the package price, to the extent that the damage is not a result of breaching an essential obligation, the fulfilment of which is required to make the proper execution of the contract possible in the first place, or the breaching jeopardises the achievement of the purpose of the contract, or to the extent that personal injury, damage to health or loss of life was not caused intentionally or due to gross negligence.
8.2 Mosellandtouristik s not liable for information provided and service deficiencies in terms of services, which are not contractually agreed main service and are not part of the package offer by Mosellandtouristik and are recognisable to the customer and described in the travel description or the booking confirmation stating the identity and address of the brokered contractual partner as an external service, or were merely brokered during the stay as an external service (e.g. spa and wellness services, sports events, theatre visits, exhibitions, excursions etc.). §§ 651b, 651c, 651w and 651y German Civil Code (BGB) remain unaffected by this.
8.3 As far as services, such as medical services, therapeutic treatments, massages or other treatments or services, are not part of the package offer by Mosellandtouristik, and are only brokered in addition to the booked package according to point 8.2, Mosellandtouristik is not liable for the service nor for personal injury or damage to property. As far as such services are part of the travel services, Mosellandtouristik is not liable for the therapy or treatment success. §§ 651b, 651c, 651w and 651y German Civil Code (BGB) remain unaffected by this.
9. Withdrawal by Mosellandtouristik due to failure to obtain the minimum number of participants
9.1 Mosellandtouristik can, if the minimum number of participants specified in the concrete travel offer or in a general note in the travel brochure for all or the described travels, withdraw from the travel contract up to 3 weeks prior to the the start of the travel. if Mosellandtouristik
a) has specified the minimum number of participants as well as the point in time up to which, prior to the contractually agreed start of the travel, the customer must have at the latest received the declaration and if
b) the minimum participant number and the latest period withdrawal period is stated in the travel confirmation.
9.2 Withdrawal must be declared to the customer at the latest 3 weeks prior to the beginning of the tour. If it is already apparent at an earlier stage that the minimum number of participants cannot be reached, the tour operator must exercise its right of withdrawal without delay.
9.3 In case of withdrawal by Mosellandtouristik the customer shall be immediately reimbursed any payments made towards the travel price, in any case 14 days following he receipt of the notice of withdrawal.
10. Performances not used
If the traveller does not accept individual travel services which Mosellandtouristik was prepared and in a position to render according to the contract, for reasons attributed to the traveller, the traveller has no right to a pro-rata refund. Mosellandtouristik shall however endeavour to obtain a refund from the organisers provided that the amounts involved are not just minor and repay such amounts to the customer, as soon as, and in so far as they have actually be repaid by the individual organisers to Mosellandtouristik.
11. Special regulations in the context of pandemics (specifically the coronavirus)
11.1 The parties agree that the agreed travel services will always be provided by the respective service providers in compliance with, and in accordance with, the official regulations and requirements applicable at the time of travel.
11.2 The traveller agrees to observe appropriate usage regulations and restrictions stipulated by service providers when making use of travel services. Furthermore, the traveller agrees to inform the tour guide and the service provider immediately in the event of typical symptoms of illness.
11.3. The rights of the customer under §651i of the German Civil Code (BGB) remain unaffected by the aforementioned regulations.
12. Information about alternative dispute resolution mechanisms; governing law and jurisdiction
12.1 Mosellandtouristik points out that with regard to the Consumer Dispute Resolution Act (VSBG), Mosellandtouristik does not participate in voluntary consumer dispute resolution. Should consumer dispute resolution become obligatory for Mosellandtouristik, Mosellandtouristik will inform the consumers hereof in an adequate manner. For all contracts concluded via electronic transactions, Mosellandtouristik refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/.
12.2 For travellers who are not citizens of a member state of the European Union or are Swiss citizens, the entire legal and contractual relationship between the traveller and Mosellandtouristik is exclusively governed by German law. Such travellers can lay claims against Mosellandtouristik exclusively at its registered place of office.
12.3 For claims by Mosellandtouristik against travellers or contractual partners of the travel contract, who are merchants, legal entities of public or private law or persons, who have their residence or ordinary place of residence abroad, or whose residence or ordinary place of residence is unknown at the time of the claim, Mosellandtouristik‘s registered seat is agreed on as the place of jurisdiction.
© These terms and conditions of travel are protected by copyright; Noll| Hütten | Dukic
Rechtsanwälte, München | Stuttgart 2004 - 2023
Tour operator is Mosellandtouristik GmbH
Managing director: Sabine Winkhaus-Robert
Commercial register at the local
court of Wittlich,