Our General Terms and Conditions for Tours are supplementary to Sections 651a ff. BGB (German Civil Code). They apply exclusively to tour agreements made with the Celle Tourismus und Marketing GmbH (hereafter: CTM) as the tour operator in accordance with Sections 651a ff. BGB. The Terms do not apply if hotel rooms and private rooms, holiday flats and holiday houses have only been arranged by the reservation service of the CTM. As far as the above-mentioned reservation service is concerned, only the Agent’s Terms and Conditions as stated under B. apply
1. Booking and Travel Confirmation
1.1 Your booking constitutes a binding offer to enter into a contract with us. Booking can be done in writing, by telephone or electronically using our home page.
1.2 The booking agent assumes joint and several liability with the tour participants for the obligations of the person registered by him, provided the person has assumed a corresponding obligation through a separate and express declaration.
1.3 The tour agreement, under reserve of the following terms regarding price, only becomes binding for us when we have confirmed the tour booking and the tour price in writing.
1.4 In the event that the contents of the tour confirmation deviate from those of the booking, the deviating contents of the confirmation become binding for both the traveller and us, if you do not withdraw from the contract within 10 days.
2.1 Payment of the tour price prior to tour commencement may only be demanded and accepted against the issue of a Security Certificate according to Section 651k BGB. The Security Certificate will be sent or handed to you together with the tour confirmation/invoice. If the tour does not exceed 24 hours, does not involve an overnight stay or the travel price per person does not exceed €75, the requirement for a Security Certificate does not apply.
2.2 A payment of 100% of the tour price must be made to our stated business account at least 21 days prior to the agreed commencement of the tour. When a Security Certificate is not necessary, the tour price is payable when concluding the contract.
3. Services and Prices
3.1 The extent of the contractual service is as stated in the brochure or in the tour confirmation.
3.2 The tourist is not entitled to a reimbursement when not utilising the properly offered tour services and the tourist is responsible for the non-use of the services. If a tourist does not make use of certain tour services due to premature departure or other important reasons for which he is responsible, we will attempt to have the service provider make a refund of unexpended costs. If official, legal or tariff regulations preclude a refund or if the service is immaterial, no refund will be made. We are entitled to withhold €25 from any refund as a processing fee.
4. Change of Service and Price
4.1 Should it become impossible to perform certain essential services, we will inform you of the changes.
4.2 Deviations of certain tour services from those stipulated in the tour agreement are permissible if they prove to be necessary after the contract becomes effective and are not caused by the tour operator in breach of good faith, provided that changes are merely of a minor nature and do not diminish the overall nature of the tour. The changed service will replace the originally stipulated service.
4.3 We reserve the right to increase the price as stipulated in the tour agreement in accordance with increases in transport costs or additional charges such as port or airport taxes or a fluctuation in exchange rates for the tour concerned and when this was not foreseeable upon conclusion of the agreement.
The increased amount is as follows:
4.3.1 We are entitled to claim the increased amount from the tourist in the case of an increase of transport costs relating to the individual seat. In all other cases of increase of transport costs the additional transport costs demanded from us by the transport company for each means of transport will be divided by the number of seats in the agreed means of transport. We are entitled to demand from the tourist the resulting amount of increase for the individual seat.
4.3.2 In case of the increase of port or airport taxes charged to us the tour price may be increased by the respective proportional amount.
4.3.3 In the case of a fluctuation of exchange rates we are entitled to increase the tour price by the amount the tour price has increased for us.
4.3.4 An increase is only permissible if more than 4 months have elapsed between the conclusion of the agreement and the commencement of the tour and the circumstances responsible for the increase did not occur prior to the tour agreement, or were not foreseeable by us at the time of the agreement. In the case of an alteration of the tour price you will be immediately informed of the details regarding the calculation of the new tour price. Price increases from the 20th day prior to the tour commencement are ineffective. If the price increase is more than 5%, you are entitled to withdraw from the tour agreement without charge or to ask for an alternative tour corresponding in price at least to the tour as agreed, provided we are able to offer such a tour without extra charge. Claims must be made immediately after being notified of a price increase.
5. Withdrawal and Rebooking
5.1 You may withdraw from the tour at any time. For your own protection and to avoid any misunderstanding we strongly recommend you make your withdrawal in writing.
5.2 Cancellation fees: If we are not responsible for the withdrawal of the tourist or in the case of force majeur, the following cancellation fees apply:
- 43 days or more prior to the tour commencement 10% of the tour price
- from the 42nd to the 29th day prior to the tour commencement 25% of the tour price
- from the 28th to the 7th day prior to the tour commencement 40% of the tour price
- from the 6th day to one day prior to the tour commencement 80% of the tour price
- on the day of departure or in case of no-show 90% of the tour price
The tourist is at liberty to prove that no damage was caused to us or a lesser damage than the lump cancellation fee charged to him or her implies.
5.3 The tourist may rebook up to 30 days prior to tour commencement. In case of such booking alterations, we reserve the right to pass on to the tourist all costs charged to us from the service providers for the rebooking plus a processing fee. For rebooking or alterations caused by the tourist, €25 per person will be charged as a processing fee (package bookings: €50).
6.1 We are responsible for careful tour preparation, the selection of service providers, the accurate description of the tour services listed in the brochure and proper service performance as agreed in the tour agreement. 6.2 We are liable for faults of the person responsible for the service performance. Our liability is limited according to subparagraph 6.3. 6.3 Our contractual liability for damages which do not constitute bodily injuries is limited to three times the tour price if the damage to the tourist was caused neither deliberately nor through gross negligence, or if we are liable for the damage caused solely through the fault of a service provider. Bodily injuries in respect of the first sentence Subparagraph
6.3 are damages caused by injury to life, body or health.
6.4 The claim for damages against us is excluded or restricted if due to national or foreign legal rules which are applicable to the performance of the service provider, the liability of the latter is also excluded or restricted. 6.5 We are not liable for disruption of service in the care of service providers merely arranged by us. The carrier is responsible, we are not.
7. Guarantee, Obligations of the Tourist
7.1 In the case of default of performance every tourist is obliged to do everything possible within the limits of legal rules to contribute to the rectification of the default and to limit damages that may occur.
7.2 Should you have against all expectation reason to complain, you should notify the local tour guide immediately if this is possible. If a local tour guide or a commissioned local agency is not available or cannot be reached, or the tour guide or the local agency are unable to mitigate the disruption, please contact us, provided we are the tour organizer. We can be reached on working days by telephone on +495141 909080.
7.3 Tour guides or agents are not entitled to recognize any kind of claim.
7.4 Cancellation by the tourist in case of a fault is only permissible, when the CTM has allowed an appropriate deadline set by the tourist to elapse without providing redress. A deadline is not required when redress is not possible or is refused by us, or when the immediate termination of the agreement is justified by a particular interest of the tourist.
8. Exclusion of Damage Claims, Statute of Limitation
8.1 Any potential damage claims in accordance with Sections 651c to 651f BGB must be made to us within one month of the scheduled termination of the tour. For your own protection the notification should be made in writing. After the expiration of the deadline claims can only be made when you were prevented through no fault of your own from meeting the deadline.
8.2 Your claims in accordance with Sections 651c to 651f BGB resulting from injury to life, body or health which were caused deliberately or through gross negligence on the part of the CTM or a legal representative or an agent of the CTM expire after two years. This also applies to claims for compensation for other damages that were caused deliberately or through gross negligence on the part of the operator or a legal representative or an agent of the CTM. All other claims in accordance with Sections 651c to 651f BGB for non-performance are subject to a 12-month statute of limitation.
8.3 The statute of limitation begins with the last day of the tour as stipulated in the agreement.
8.4 If negotiations between you and the CTM regarding a claim or the circumstances underlying a claim are pending the statute of limitation is suspended until you or the CTM refuse to continue the negotiations. The statute of limitation will come into effect at the earliest three months after the suspension of the period of limitation.
9. Passport, Visa, Customs, Currency and Health Regulations
The tourist is solely responsible for the compliance with passport, visa, customs, currency and health regulations. The tourist is also responsible for all disadvantages that may arise from non-compliance with the above-mentioned regulations, even if the regulations have been changed after the booking of the tour.
10.1 We reserve the right to correct errors, misprints and miscalculations. All information was correct at the time of going to press.
10.2 Should certain provisions of the tour agreement be ineffective, this does not render the entire agreement ineffective. The same applies for the stated Terms and Conditions for Tours.
10.3 For your own protection we recommend you take out a travel cancellation insurance.
11.1 Celle is the place of jurisdiction for merchants, for persons without a general place of jurisdiction in Germany and also for persons who have changed their place of residence or their usual abode to a place abroad or whose legal place of residence or usual abode at the time of filing the action is not known.
11.2 Place of performance is also Celle.
11.3 All declarations required in accordance with the travel contract law before the tour begins or after it has ended should be addressed according to the invoice / performance of the travel service to Celle Tourismus und Marketing GmbH, Markt 14-16, 29221 Celle only.
B. Reservation Terms and Conditions
The accommodation service for hotel rooms and private rooms is undertaken by the reservation service of the CTM.
The CTM is neither tour operator in accordance with Sections 651a ff. BGB nor partner regarding the tour agreement or accommodation agreement. The latter is concluded directly with the landlord. The CTM is only responsible for their reservation service. Liability of the CTM is limited to wilful intent and gross neglicence. Liability of the CTM is not restricted for damages resulting from injury to life, body or health (bodily injuries) which were caused deliberately or through gross negligence on the part of the CTM or a legal representative or an agent of the CTM. Also excluded from the limitation of liability is the violation of such obligations the performance of which facilitate the proper performance of the agreement on which the contractual partner may regularly rely upon. Celle is the place of jurisdiction for merchants, for persons without a general place of jurisdiction in Germany and also for persons who have changed their place of residence or their usual abode to a place abroad or whose legal place of residence or usual abode at the time of filing the action is not known. Statutory jurisdiction, such as for legal dunning procedures, remains unaffected. German law applies.
2016 Celle Tourismus Marketing GmbH