General Travel Terms & Conditions of Albatross Reisen GmbH
for the conclusion of contracts as of 1st July 2018
These Terms and Conditions, (if and to the extent same have been validly agreed upon), become part of and shall govern the contractual relationship concluded between you, the travel client, and Albatross Reisen GmbH (hereinafter referred to as “ALBATROSS”). They complement the legal provisions of Sections 651a to–y BGB (Bürgerliches Gesetzbuch – German Civil Code) and the statutory information obligations applying to tour operators according to Articles 250 and 252 EGBGB (Einführungsgesetz zum BGB – Introductory Code to the German Civil Code). Please read these Terms and Conditions carefully before submitting your travel booking!
1. Conclusion of Contractual Relationship / Clients’ Obligations
1.1. The following shall apply in relation to all booking methods:
a) If the booking confirmation communicated by ALBATROSS differs in any way from the booking placed by the client, such confirmation shall constitute a new offer by ALBATROSS to which it shall be bound for a period of 10 days. The travel package contract shall be concluded on the basis of this new offer, provided ALBATROSS has indicated such amendments to the client and has duly fulfilled its pre-contractual information duties in relation thereto and provided moreover, the client has accepted same, either expressively or tacitly by way of effecting payments in this regard.
b) Any and all information provided by ALBATROSS prior to conclusion of the travel package contract in relation to material specifics of the travel services, the travel package price and any additional costs, the conditions of payment, the minimum number of travel participants and standard cancellation fees - in accordance with Article 250 Subsection 3 numbers 1, 3 to 5 and 7 EGBGB (Introductory Code to the German Civil Code) – shall not become subject to the travel package contract only if this has been explicitly agreed upon by and between ALBATROSS and the client.
c) In relation to any client bookings made not only for the client him/herself but also for and on behalf of fellow travelers, the client shall be liable for the contractual obligations of such fellow travelers in the same way as for its own contractual obligations, provided the client has expressly undertaken to assume such fellow travelers’ obligations by way of a separate declaration to this effect.
1.2. The following applies to bookings made orally, telephonically, in writing, by e-mail, by text message or by fax:
a) By way of placing a booking (travel booking), the client - in a contractually binding manner - furnishes an offer to ALBATROSS to enter into a travel package contract to which it shall be bound for a period of 10 days.
b) The corresponding travel package contract is concluded upon the client receiving ALBATROSS’s acceptance which is given by way of ALBATROSS’s booking confirmation. Upon or immediately subsequent to the conclusion of the travel package contract, ALBATROSS shall provide the client with a corresponding booking confirmation document which shall be compliant with the statutory provisions defining such a booking confirmation’s necessary contents. The booking confirmation document shall be issued on a pre-servable medium, i.e. in such a manner which shall allow for the client to keep or store the booking confirmation document as provided by ALBATROSS, in order to access same at any moment within an adequate period of time (e.g. on paper or by way of an email attachment), provided the client is not entitled to a booking confirmation document on paper in accordance with Article 250 Section 6 Subsection (1) second sentence EGBGB (Introductory Code to the German Civil Code) which applies in cases where the travel package contract is concluded in the physical presence of both parties or in cases where it is concluded outside business premises as defined in Section 312b BGB (German Civil Code).
1.3. In relation to bookings which are generated electronically (e.g. via internet or app or tele media) the following shall apply:
a) The client is instructed about the relevant online booking procedure on ALBATROSS’s website or app.
b) In order to correct, delete or reset the entire online booking form, various functions shall be available to the client which the client shall be informed and instructed about online.
c) The various language options which may be used to pursue the booking process are provided on ALBATROSS’s website or app.
d) If and to the extent that the travel package contract’s contents are saved electronically, the client shall be informed accordingly as well as about the possibility of accessing and down loading the respectively stored data at any later point in time.
e) By activating the button “zahlungspflichtig buchen“ (“binding booking resulting in a payment duty”) the client furnishes to ALBATROSS a binding offer to conclude the travel package contract which the client shall be bound to for a period of three working days as of the time at which the client’s respective offer is electronically triggered in accordance with the aforementioned process.
f) Immediately thereupon, the client will automatically receive an electronic confirmation of receipt in relation to his/her travel booking.
g) Transmitting the travel booking by way of activating the button “zahlungspflichtig buchen” shall not entitle the client to any rights regarding the conclusion of a travel package contract on the basis of the travel booking submitted. ALBATROSS remains free to, at its sole discretion, accept the client’s travel booking or not.
h) The travel package contract shall be concluded upon the client receiving ALBATROSS’s respective booking confirmation which shall be provided by ALBATROSS on a pre-servable medium.
i) In cases where an electronic booking confirmation is automatically triggered and visible on the screen immediately upon the client having activated the button „zahlungspflichtig buchen“, a contractual relationship is concluded upon the client receiving such booking confirmation, i.e. upon same appearing on the screen without any confirmation of receipt becoming necessary in relation to the client’s travel booking (real time booking). In such cases, the client may opt whether to electronically save or print such booking confirmation. Either way, a binding travel package contract shall have been concluded, irrespective of whether the client opts to save or print the booking confirmation or decides to do neither.
1.4. ALBATROSS advises the client herewith that, according to the applicable statutory provisions (Section 312 Subsection (7), 312 g Subsection (2) Sentence 1 No. 9 BGB – German Civil Code), the client shall not be entitled to any right of revocation in relation to travel package contracts which according to Sections 651a and 651c BGB (German Civil Code) have been concluded remotely (i.e. by way of letter, brochure, telephone, telefax, E-Mail, mobile phone, mobile text message, as well as by radio broadcast, television and online services). The client’s statutory rights to cancellation, especially his/her cancellation rights according to Section 651 h BGB (German Civil Code) (see also Clause 6 below) shall remain unaffected. The client shall however be entitled to revocation if the travel package contract has been concluded outside of business premises, unless the oral negotiations on the basis of which the travel package contract was subsequently concluded were conducted due to the client’s respective request in which case, in turn, the client shall have no right of revocation.
2.1. Prior to complete fulfilment of all services which are to be provided by ALBATROSS under the travel package contract, ALBATROSS and its agents shall only be allowed to collect client payments in relation to the travel package price, provided that a valid contract for the purposes of insuring or guaranteeing such client payments (Kundengeldabsicherung) in accordance with Section 651r BGB (German Civil Code) exists and that the client has been provided with a corresponding security certificate (Sicherungsschein) which clearly and comprehensibly as well as prominently displays the insuring or guaranteeing party’s name and contact information. Following conclusion of the travel package contract and upon such aforementioned security certificate having been provided to the client, an advance payment amounting to 20 % of the travel package price shall become due for payment by the client to ALBATROSS. Payment of the residual balance amount shall become due for payment four weeks prior to ALBATROSS commencing the provision of services under the of travel package contract, provided the aforementioned security certificate has been duly submitted to the client. In relation to bookings which are placed within a term shorter than 4 weeks prior to travel services commencing the entire travel package price shall be payable immediately upon booking.
2.2. If the client fails to pay the advance payment and/or the residual balance in accordance with the agreed payment terms, despite ALBATROSS having duly fulfilled its statutory information duties and being ready and able to duly perform the contractual travel package services, and provided moreover, the client does not hold any legal or contractual right to retain such payments, ALBATROSS will submit to the client a reminder notice defining a period within which the client is to effect such overdue payments and announcing that, in the event of the client continuing to fail effecting such payments, ALBATROSS will rescind the travel contract and charge to the client cancellation fees in accordance with the provisions of Clause 6 below.
3.1. Scope of services
a) ALBATROSS’ offer and the client’s booking shall be based on the published description of the travel package offered as well as any supplementary information as provided by ALBATROSS (such as classification specifications e.g.) as provided and available to the client at the time of his/her booking.
b) Travel agent’s and booking service providers are not authorised by ALBATROSS to conclude contracts on ALBATROSS’s behalf, to provide information or warranties which in any way amend the agreed contents of the travel package contract, go beyond the published description or contractually provided warranties of the travel package or contradict same.
c) Any information provided in camping guides and similar directories which have not been published by ALBATROSS, shall have no binding effect for ALBATROSS and its contractual obligations, unless expressively agreed otherwise.
3.2. Occupancy: The units which are subject to travel contracts shall be occupied by the amount of persons as defined in the booking confirmation. In the event of booked occupancies being exceeded, additional persons may either not be admitted to the unit or a surcharge may be applied.
3.3. Pets: Pets are only allowed where accordingly advertised online or in brochures. In case of violations occupancy of units or transport by ferried may be denied.
4. Amendments (other than Price Increases) of the Travel Package Contract Applied Prior to Performance
4.1. Any amendments becoming necessary in relation to material specifics of travel services after conclusion of the respectively underlying travel package contract and prior to commencing performance of the corresponding travel services shall only be allowed if such amendments are not substantial to and do not impair the overall nature of the contractually agreed travel package services. The aforementioned shall not apply if such amendments become necessary due to ALBATROSS having acted in breach of good faith.
4.2. ALBATROSS shall be under an obligation to, without undue delay, clearly, comprehensibly and prominently inform the client by way of a pre-servable medium about any amendments relating to travel services under the travel package contract upon ALBATROSS receiving knowledge of the reasons which make such amendment necessary.
4.3. In the event of any substantial amendments becoming necessary in relation to material specifics of travel services or in case of any changes arising with respect to special client requests, the client shall be entitled to, within an adequate period defined by ALBATROSS, when informing the client about the relevant amendment or change, either accept the amendment or cancel the travel package without incurring any cancellation fees or accept the provision of an alternative travel package, if ALBATROSS has offered such an alternative. If the client fails to cancel the travel package contract within the period defined by ALBATROSS the amendment shall be deemed to have been accepted by the client.
4.4. Any and all warranty claims remain unaffected as far as the amended travel services are deficient in any way or have not been duly fulfilled. If, in relation to the amended travel package or in relation to an alternative travel package (provided such has been offered by ALBATROSS at a quality of same value and at the same price) the costs expended by ALBATROSS in this regard are lower, ALBATROSS shall be under an obligation to refund to the client the difference amount in accordance with Section 651m BGB (German Civil Code).
5. Increase and Decrease of the Travel Package Price
5.1. ALBATROSS, in accordance with Sections 651f, 651g BGB (German Civil Code) and subsequent provisions reserves the right to increase the travel package price in the event of
a) any increase of taxes (including V.A.T. increases), levies or fees, payable with respect to contractual travel services such as tourism taxes, port and airport fees or
b) applied in relation to the relevant travel package, directly affecting the travel package price.
5.2. Any increase of the travel package price shall only be admissible if ALBATROSS clearly and comprehensibly informs the traveller in written text about such price increase and its reasons, thereby informing also about the calculation of same.
5.3. Price increases shall be calculated as follows:
a) As regards any increase of taxes, levies or fees according to Clause 4.1 lit a) above, the travel package price may be increased accordingly on a pro rata basis per client.
b) As regards any increase of foreign exchange rates according to Clause 4.1 lit b) above, the travel package price may be increased according to extent that the travel package has become more expensive for ALBATROSS.
5.4. ALBATROSS shall be under an obligation to, upon the client’s/traveller’s request, grant a reduction in relation to the travel package price, if, after conclusion of the travel package contract and prior to the provision of the corresponding travel services commencing, any changes of rates, fees or exchange rates as mentioned in Clauses 4.1 lit a) and b) above have occurred as a result of which ALBATROSS’s costs have decreased. If the client/traveller has paid more than the amount accordingly owed, ALBATROSS shall refund the difference amount to the client. ALBATROSS shall however be entitled to subtract from such difference amount the administrative expenses actually incurred by ALBATROSS in the process. In this regard, ALBATROSS shall be under an obligation to, upon the client’s/traveller’s request, provide evidence proving the administrative expenses it has incurred.
5.5. Any increases of the travel package price shall only be admissible if received by the client not less 20 days prior to performance of the travel package services.
5.6. In the event of any travel package price increase exceeding 8%, the client shall be entitled to, within the period adequately defined by ALBATROSS when informing the client about such increase, either accept the amended price or cancel the travel package without incurring any cancellation fees. If the client fails to cancel the travel package contract within the period defined by ALBATROSS the increased travel package price shall be deemed to have been accepted by the client.
6. Client Cancellations prior to Commencement of Provision of Travel Services / Cancellation Fees
6.1. The client shall be entitled to cancel the contractual travel services at any time prior to commencement of their provision by ALBATROSS. Cancellations are to be notified to ALBATROSS to the address provided above/below or to the travel agent who on behalf of ALBATROSS has concluded the travel package contract with the client. For evidence purposes, the client is recommended to provide cancellation notices in written text.
6.2. In the event of a client cancelling the booked travel package prior to commencement of their provision by ALBATROSS or if the client fails to utilize the travel services (no show), ALBATROSS shall have no right to claim payment of the contractually agreed travel price. Instead, ALBATROSS shall be entitled to claim payment of adequate compensation in consideration of preparations made and costs incurred by ALBATROSS at the time of the cancellation being notified to it. Such adequate compensation shall be calculated on the basis of the contractually agreed travel service price. The aforementioned shall however not apply if the client’s cancellation is caused by reasons falling into the scope of ALBATROSS’s responsibility or if the cancellation was caused by the occurrence of unavoidable, extraordinary circumstances at or in direct proximity to the client’s destination which would materially impair the provision of travel services at or the carriage of passengers to the client’s destination. Circumstances shall be deemed unavoidable and extraordinary, if they cannot be controlled by ALBATROSS and if their consequences remain unavoidable despite ALBATROSS having taken all reasonable measures to avoid them.
6.3. The below mentioned standard compensation charges have been calculated by way of ALBATROSS duly taking into account any and all costs which usually remain unexpended as well as any and all proceeds usually generated by way of selling unutilized travel services to other clients or making use of same otherwise. The standard compensation charges are applied as follows, depending on the date on which ALBATROSS receives notice of the client’s cancellation:
a) General cancellation fees
In relation to mobile homes, tents, cottages, hotels, bungalows and holiday apartments the following cancellation fees shall apply;
b) Special cancellation fees
Special offers/specials may be subject to separate cancellation conditions, which will be explicitly indicated accordingly in the relevant offer description or within the advertised offer.
6.4. In any event, the client shall retain the right to positively prove that ALBATROSS has incurred no damages or damages which are substantially lower than the standard charge claimed in accordance with the above mentioned standard compensation charges.
6.5. ALBATROSS reserves the right to claim a higher concretely calculated compensation amount, provided ALBATROSS proves that it has incurred substantially higher expenses than the respectively applicable standard charge. In such event, ALBATROSS shall be obliged to concretely specify and substantiate the accordingly claimed higher compensation amount, by way of duly taking into consideration any unexpended costs as well as any and all proceeds generated by way of selling the unutilized travel services to another client or by way of making use of same otherwise.
6.6. In the event of ALBATROSS being obliged to refund the travel package price due to the client’s cancelation, it shall do so without undue delay, at least within a maximum period 14 days following the date on which ALBATROSS received notification about the cancellation.
6.7. The client’s legal right pursuant to Section 651 e BGB (German Civil Code), to, on a pre-servable medium, demand that instead of the client a third person is to enter into the travel package contract, remains unaffected by the above provisions.
6.8. The client is urgently advised to take out insurance covering cancellation costs as well as insurance covering expenses for repatriation in the event of any accident or illness occurring while travelling.
7. Amendments to Bookings
7.1. The client shall have no right to claim amendment of the booked time, place of destination or departure, accommodation, the means of transport as well as the place of boarding or disembarking (booking amendments). This shall not apply, if, ALBATROSS has either failed to provide or has provided insufficient or incorrect information to the client/traveller prior to concluding the travel package contract as provided in Article 250 Section 3 EGBGB (Introductory Code to the German Civil Code), in which case the booking amendment must be made free of charge. If after conclusion of the travel package contract, a booking amendment is possible, ALBATROSS shall be entitled to charge a booking amendment fee of EUR 25,-. Unless specifically agreed otherwise prior to ALBATROSS accepting a booking amendment request, the fee for booking amendments which are applied up to the time of the respectively defined second periods, as mentioned in the respectively relevant cancellation fee category in Clause 5.3 above, shall amount to EUR 25,- per affected traveller. The clients shall always be entitled to prove that ALBATROSS, has incurred less costs than the aforementioned fee. Booking amendments shall inly be possible until up to 36 days prior to commencement of the booked travel services.
7.2. Later booking amendments, provided the requested change is possible at all, may only be applied by way of the client cancelling the travel contract in accordance with Clause 6.3 above and the conditions provided herein while simultaneously placing a new booking. This shall however not apply in relation to booking amendment requests which incur only minor costs.
8. Unused Travel Services
In the event that, for reasons that fall into the traveller’s scope of responsibility and, in relation to which the traveller holds no statutory right to cancel the travel package contract free of charge, the traveller fails to utilise individual travel services despite having been duly offered the provision of same (e.g. due to early return or for other compelling reasons), the traveller shall not be entitled to a pro-rata refund of the contractually agreed travel package price. ALBATROSS shall apply reasonable endeavours to obtain refunds of any accordingly unexpended costs from its suppliers. Such obligation shall not apply if the respectively unused services are absolutely insignificant.
9. Termination on Grounds of Conduct
9.1. ALBATROSS shall be entitled to cancel the travel package contract with immediate effect if, despite ALBATROSS’s explicit warning, the traveller continues to interrupt the provision of travel services or if the traveller violates the contract to an extent, sufficiently substantial to justify ALBATROSS’s summary cancellation of the contract. This shall not apply if the traveller’s violation of the contract was caused due ALBATROSS’s failure to duly fulfil its information duties prior to concluding the travel package contract.
9.2. If ALBATROSS cancels the contract for the above reasons it shall remain entitled to demand full payment of the travel package price. However, any unexpended costs as well as any and all proceeds generated by selling unutilised travel services to other travel clients or any refunds received from travel suppliers in this respect are to be deducted from ALBATROSS’s respective claims.
10. Client Obligations
10.1. Travel Documents
Clients shall be obliged to notify ALBATROSS or the travel agent who has concluded the travel package contract with the client on ALBATROSS’s behalf, if it has not duly received the travel documents within the time specified by ALBATROSS.
a) If the travel services performed under the travel package contract are in any way deficient, the traveller is entitled to demand remedy.
b) If and to the extent that, due to the traveller’s failure to duly report a service deficiency, ALBATROSS has been unable to remedy same, the traveller shall neither be entitled to refund in accordance with Section 651m BGB (German Civil Code) nor to compensation of damages in accordance with Section 651nBGB (German Civil Code) in this regard.
c) Clients shall be obliged to, without undue delay, report to ALBATROSS’s authorised representatives onsite the occurrence of any travel service deficiencies and demand remedy of same. If there are no representatives of ALBATROSS present onsite and ALBATROSS, according to the travel package contract, is not obliged to have such a representative present onsite, any travel service deficiencies are to be reported to the contact as communicated by ALBATROSS; travellers will be informed about the availabilities of ALBATROSS’s onsite representatives or contacts within ALBATROSS’s travel booking confirmation. The traveller, may at his/her discretion, also choose to report any deficiencies to the travel agent which has concluded the travel package contract on ALBATROSS’s behalf.
d) ALBATROSS’s representative is assigned with remedying any occurring service deficiencies, it is, however, neither authorized to confirm deficiencies nor to acknowledge any claims asserted against ALBATROSS.
10.3. Deadline prior to Cancellation
If the client/traveller pursuant to Section 651l BGB (German Civil Code) intends to cancel the travel package contract due to a service deficiency as defined in Section 651i Subsection (2) BGB (German Civil Code) that is substantial, the client/traveller shall be required to first define an adequate deadline within which ALBATROSS is to remedy the reported deficiency. This shall not apply if ALBATROSS has previously refused to take adequate remedial measures in this concern or if it is necessary that immediate remedial measures are taken.
11. Limitation of Liability
11.1. ALBATROSS’s contractual liability for damages which have neither resulted in fatal injury, bodily harm nor damages to a person’s health and which have not arisen due to any negligence or wilful conduct on the part of ALBATROSS and its suppliers and vicarious agents, shall be limited to an amount equalling triple the travel package price.
11.2. ALBATROSS shall be held liable neither for any service disruptions, nor for any personal injury nor for any damages to property which arise in connection with third party services which ALBATROSS has sold acting as a mere agent (e.g. excursions, sports events, theatre tickets, exhibitions, transportation services from and to the specified places of departure and destination), if ALBATROSS, within its advertised publications and its travel booking confirmation has clearly indicated such services as third party services in a sufficiently distinct manner, thereby expressively stating the identity and address of the corresponding third party contract partner which ALBATROSS has acted as an agent for, so that it is apparent to the client that such services are not part of the travel package contract concluded with ALBATROSS. Sections 651b, 651c, 651w and 651y BGB (German Civil Code) remain unaffected in this regard.
11.3. ALBATROSS shall however be liable in relation to damages caused to clients as a result of ALBATROSS having breached its statutory advisory or information duties towards the client or due to any breach by ALBATROSS of its organisational duties.
12. Assertion of Claims and Addressee; Statute of Limitations
12.1. Any claims asserted by the client under Section 651i subsection (3) no. 2, 4-7 BGB (German Civil Code) must be addressed to ALBATROSS. Alternatively, they can also be addressed to the travel agent who has concluded the travel package contract on behalf of ALBATROSS. It is recommended to assert claims in written text. The limitation period defined in Section 651j BGB (German Civil Code) shall not apply. Instead the general limitation provisions shall apply.
13. Pass-, Visa- und Gesundheitsvorschriften
13.1. Prior to concluding the travel package contract, ALBATROSS shall inform clients/travellers about general passport or visa requirements as well as about any official health regulations to be observed at the country of destination, including the time usually expected in order to obtain respectively relevant visa documents as well as about any statutory changes in this regard.
13.2. The client shall be solely responsible for obtaining and holding the officially necessary travel documents, for having all necessary vaccinations performed on him and fellow travellers as well as for acting compliantly with any relevant customs and foreign exchange control regulations. Any disadvantages arising as a result of the client’s failure to comply in this regard, such as e.g. any cancellation fees, shall be borne by the client. This shall not apply if ALBATROSS has either failed to inform the client at all or if it has informed the client insufficiently or incorrectly in any way.
13.3. If ALBATROSS is assigned by the client with obtaining necessary visa documents, ALBATROSS shall not be liable for the timely granting of same by the relevant embassy or consulate nor for their due receipt by the client, unless ALBATROSS is in breach of any of its contractual duties in this regard.
14. Alternative Settlement of Disputes; Choice of Law and Place of Jurisdiction
14.1. With respect to the newly introduced legislation regulating the settlement of consumer disputes (Gesetz über Verbraucherstreitbeilegung), ALBATROSS points out that it currently does not participate in any such voluntary settlement programme. In the event that the participation in such a programme became obligatory in the further course after printing and publishing these terms and conditions, ALBATROSS will duly inform its clients accordingly. In relation to all contractual relationships concluded electronically, ALBATROSS makes reference herewith to the European dispute settlement platform ec.europa.eu/consumers/odr
14.2. For clients who are not nationals of a member state of the European Union or Swiss nationals, it is agreed that the entire legal and contractual relationship between the client and ALBATROSS shall be exclusively governed by German law. Legal suits filed by clients shall be exclusively brought before the competent court jurisdiction at the place where ALBATROSS has its registered seat.
14.3. Law suits brought by ALBATROSS against a client shall be brought before the court of competent jurisdiction at the client‘s residence. In relation to law suits against clients who are merchants in accordance with the German Commercial Code (HGB) or legal persons of civil or public law whose residence or registered business seat or whose usual place of stay is either abroad in a foreign country or unknown at the time when the law suit is brought, the parties agree that such law suits shall be brought before the court of competent jurisdiction at ALBATROSS’s registered seat.
© These Travel Terms & Conditions are protected by copyright; Noll &
Hütten Rechtsanwälte, Stuttgart | München, 2017
Albatross Reisen GmbH
Marktbreiter Straße 11
Registered at the commercial registry of Würzburg Lower Court under number: HRB 2294
Managing Director: Christian Claus
Tel.: +49(0)9331 98304-0
Fax: +49(0)9331 98304-29