Terms and Conditions
Hotelo Reisen und Service GmbH
The following provisions become part of the contract concluded between the customer/traveler and Hotelo Reisen und Service GmbH (hereinafter referred to as Hotelo).
These GTC supplement the general legal provisions as well as §§ 651a-y BGB (German Civil Code) and the associated information obligations (Art. 250 - 253 Introductory Act to the BGB).
I. General provisions
1.1 Travel service types (cf. § 651 a Abs.3 BGB)
This means the transport of persons by all means of transport. This also includes smaller transport services such as transfers to and from the hotel or airport etc. or passenger transport as part of a guided tour.
Is the placement in accommodation (hotel, guesthouse, holiday flat, hostel, camping site, etc.) as part of a trip and not for residential purposes.
c. Rentals of motor vehicles
This includes the rental of four-wheeled vehicles and motorcycles.
d. Further tourist services
These are all travel services which do not fall under the aforementioned points a. to c. and are also not part of any other travel service. These can be tickets for leisure activities or cultural events, guided tours, ski passes, etc., for example.
1.2 Package tour (cf. § 651a Abs. 2 BGB)
If two or more of the travel services mentioned under 1.1 a. to d. are offered as a "package" as part of a trip, this trip is a package tour. It is irrelevant whether a package that has already been put together is offered or whether it is only put together at the request of the traveler when the booking is made.
In the event that only one of the travel services of 1.1 a. to c. (i.e. passenger transport, accommodation, rental of motor vehicles or motorcycles) is combined with one or more tourist services (1.1 d.):
If tourism services account for less than 25 percent of the total value of the package and do not constitute an essential feature of the package or are advertised as such, then there is no package tour.
1.3 Associated travel services (cf. § 651w Abs. 1 BGB)
An associated travel service is when at least two different types of travel services are purchased for the same trip on the occasion of a single visit to the sales office or a single contact with the sales office leading to the conclusion of separate contracts with the respective service providers, with separate selection and separate payment of the travel service by the traveler.
In the case of associated travel services, Hotelo shall separately identify and invoice the customer for the services. Customers will then receive a separate confirmation and invoice for each individual service; however, payment of the resulting total amount may be made uniformly (e.g. only one bank transfer or only one EC payment authorization).
1.4 Mediation of individual travel services (cf. § 651b BGB)
If individual travel services are arranged in individual booking procedures at individual prices, then only an arrangement of these individual travel services exists.
2. Conclusion of contract and obligations of the customer
2.1 The following applies to all booking methods:
a. The basis of this offer is the travel description, as well as the supplementary information of the respective providers of the respective travel services, as far as these are available to the customer at the time of booking.
b. The customer is responsible for all contractual obligations of fellow travelers for whom he makes a booking, as well as for his own, insofar as he has accepted this obligation by express or separate declaration.
c. If the content of a providers' declaration of acceptance differs from the content of the booking, a new offer from the respective provider exists, to which the provider is bound for a period of 10 days. The contract is concluded on the basis of the new offer if the customer declares acceptance to the provider within the binding period by express declaration (by email, fax or letter) or down payment.
2.2 The following applies to bookings made verbally, by telephone or in writing, or by email or fax:
a. With the booking (travel registration) the customer offers the respective provider the conclusion of the contract for the respective travel service.
b. The contract is concluded upon receipt of the booking confirmation (declaration of acceptance) of the respective provider. It does not require any specific form. Upon or immediately after conclusion of the contract, the provider will send the customer a booking confirmation in writing or in text form (cf. § 126b BGB). An email is sufficient here.
2.3 For bookings in electronic business transactions (e.g. internet) the following applies to the conclusion of contract:
a. The online booking process is explained to the customer on the relevant website.
b. The customer has the according possibility to correct inputs, to delete or reset the entire online booking form, the use thereof will be explained.
c. The available contract languages for carrying out the online booking are stated.
d. As far as the contract text is saved by the respective provider, the customer will be informed regarding this and about the possibility for later retrieval of the contract text.
e. By pressing the button "pay now" the customer offers the respective provider the conclusion of the contract for the respective travel service.
f. The customer is immediately confirmed electronically upon receipt of his booking (booking registration) (confirmation of receipt).
g. The transmission of the booking by clicking on the button "pay now" does not entitle the customer to the conclusion of a travel contract according to his booking registration. The contract is concluded with the receipt of the booking confirmation that the customer receives from the tour organizer, which requires no specific form and can be made by telephone, e-mail, fax or in writing.
h. If the booking is confirmed immediately after pressing the "pay now" button by the direct presentation of the booking confirmation on the screen, then the respective travel contract is effective upon access and display of this booking confirmation without the need for an intermediate notification of the receipt of the booking.
In this case the customer is offered the option of saving and printing the booking confirmation. The obligations of the travel contract are not dependent on whether the customer actually makes use of the saving or printing options.
3.1 The travel price can be paid via bank transfer, Sofortüberweisung.de and/or credit card.
3.2 Invoices and booking confirmations are always sent by email. If no e-mail address is available, the documents will be sent via fax or mail.
3.3 Payments for travel services are made directly to Hotelo, even if the booking was made through a travel agency. All payments are to be made only to the bank account number stated on the invoice/travel confirmation.
3.4 In the case of payments by bank transfer or credit card, a deposit of 35 percent of the tour price, but at least EUR50 per participant, is due immediately upon receipt of the invoice/booking confirmation. The deposit will be deducted from the travel service price. The remaining payment, minus payments made, has to be made at least 28 days before departure.
After payment of the total travel price, we will send you the travel documents at least one week before departure. (see 2.2)
For bookings made 28 days before departure, the total amount is due immediately.
3.5 In case of late payment or payment does not consist entirely or specifically the final payment, Hotelo reserves the right to exercise its right of retention following a reminder with a deadline or to withdraw from the contract in case of a non-negligible payment of the travel service and to demand compensation in accordance with section 7.2.
3.6 For bookings within 28 days before departure, the bill can only by paid via bank transfer, Sofortüberweisung.de and / or via credit card.
3.7 For bookings within 3 days before departure, the invoice can only be paid via Sofortüberweisung.de or credit card.
3.8 After the first reminder we charge a fee of 10 EUR for each further reminder.
4.1 Hotelo's service obligation results exclusively from the content of the booking confirmation associated with the travel advertisement valid for the time of the journey, subject to all the information and explanations contained in the invitation to tender. Special requests made by the customer at the time of booking are not binding on Hotelo; however, Hotelo will endeavor to comply with these requests.
4.2 Substantial changes or supplementary agreements to the travel content acc. to section 3.1 requires an explicit agreement with Hotelo in text form (cf. § 126b BGB).
4.3 All prices quoted in the travel contract are in Euro and are per person.
5. Accounting records
5.1 Travel documents will be sent via e-mail after the final payment or payment of the total price, at the latest 7 days before departure. Electronic flight tickets (e-ticket) will not be issued as paper tickets. For e-tickets, the flight booking code (filekey) is sent by e-mail upon delivery of the travel documents. The travelers will receive their boarding passes by presenting their passport / ID card and their flight booking code (Filekey) directly at the airport at the check-in desk of the respective airline. Corresponding information will be sent with the travel documents by e-mail. If no e-mail address is available, the documents will be sent via fax or mail. Paper tickets are always sent by mail.
5.2 For short-term bookings (within 7 days prior to departure), the travel documents will be sent by e-mail upon receipt of the total price. For e-tickets, the flight booking code (filekey) is sent by e-mail upon delivery of the travel documents. The travelers will receive their boarding passes by presenting their passport / ID card and their flight booking code (Filekey) directly at the airport at the check-in desk of the respective airline. Corresponding information will be sent with the travel documents by e-mail. If no email address is available, the documents will be sent by fax or mail.
6. Changes in services and prices
6.1 Changes to essential travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and were not brought about by Hotelo in good faith, are only permitted if the changes are not significant and do not affect the overall layout of the trip or the respective service.
6.2 Any warranty claims remain unaffected if the altered services are deficient.
6.3 Hotelo is obligated to inform the customer about significant changes in service immediately after becoming aware of the reasons for the change.
6.4 In the event of a substantial change to an essential travel service, the customer is entitled to withdraw from the travel contract free of charge. The customer has to exercise these rights with Hotelo without undue delay after being informed by the tour operator regarding to changes of the travel service or the cancellation of the trip.
6.5 A price adjustment due to changes in transport costs (e.g. fuel costs), charges (e.g. airport taxes, security charges, state charges) or exchange rates must be made in favor of both contracting parties to the extent of their effects on the travel price in accordance with § 651f paragraph 1 BGB. A price increase as of the 20th. However, the day before the agreed date of travel is excluded.
If such a price increase would exceed 8 percent of the travel price, Hotelo offers this price increase to the customer for acceptance. The customer may then accept the offer to increase the price or declare withdrawal from the contract within a reasonable period of time determined by Hotelo.
The corresponding declarations must be notified to Hotelo within the specific time limit granted. In your own interest and in order to avoid misunderstandings, we strongly recommend that you make the corresponding declaration in text form (e-mail, post or fax).
6.6 Hotelo informs the contracting party immediately when they become aware of relevant changes of service; the same applies mutually for the notification of price changes.
6.7 Hotelo may offer the traveler a price increase or other contractual amendment in accordance with § 651 g paragraph 1 BGB may optionally also offer participation in another package tour (alternative tour) in compliance with the information requirements of Art. 250 § 10 EGBGB.
In such a case Hotelo shall set a reasonable period of time for the individual case, after the expiry of which the offer to increase the price or otherwise amend the contract shall be deemed accepted.
In detail, the provisions of § 651g Abs. 2 and 3 BGB shall apply.
7. Traveler cancellation, rebooking, substitute persons
7.1 The traveler may withdraw from the trip at any time prior to departure. Decisive is the access of the declaration of resignation to the usual business hours at Hotelo. Resignation should be declared in text form to avoid misunderstandings. Please send an e-mail to: firstname.lastname@example.org. If the traveler does not make use of individual travel services as a result of premature return travel or other compelling reasons, Hotelo will attempt to reimburse the saved expenses for the service providers. This obligation does not apply if the services are completely insignificant or if reimbursement conflicts with statutory or regulatory provisions.
7.2 The following cancellation conditions apply:
In each case of the cancellation, the amount of the compensation according to the travel price is determined by deduction of the usual expenses as well as of what Hotelo can acquire by other use of the travel expenses.
In general, the cancellation fees Hotelo has to claim are:
- up to 30 days before departure: 30 %
- up to 29 days to 15 days before departure: 65 %
- from 14 days to 7 days before departure: 75 %
- from 6 days to 3 days before departure: 85 %
- up to 2 days before departure and no show: 90%
At the request of the traveler, Hotelo will justify the amount of compensation. It remains the right for the customer to prove that no costs or costs significantly lower than those charged by Hotelo in individual cases have arisen in connection with the cancellation or non-departure of the trip.
Hotelo recommends buying a travel cancellation insurance or an insurance package. [Link]
If the execution of the package tour is interrupted by extraordinary circumstances according to § 651h Abs. 3 BGB, no compensation shall be payable.
7.3 Hotelo supports the customer's request expressed after booking, for example, change of travel date, destination, place of departure, accommodation, type of meal or transport (rebooking). If possible, changes to the daily travel price can be made up to 3 days before departure.
There are rebooking fees of 30 EUR per person. Please send an e-mail to email@example.com.
If, as a result of the rebooking, the processing measures of other service providers (eg airlines) are necessary (different service providers can be combined and active in the package travel package), additional processing costs may arise, which will be communicated in concrete cases or in their estimated amount by Hotelo in individual cases before the rebooking is carried out. This concerns, for example, the additional costs of airlines regarding the basic transfer fee and, in addition, the fee from the difference to the daily updated flight price.
The contractual partner reserves the right to prove that a service cost of 30 EUR per person or in the amount notified otherwise was not incurred or to a significantly lesser extent. From the 30th. The day before the departure time, rebooking is only possible after withdrawal and new booking under consideration of clause 7.2.
7.4 Until the start of the journey, the traveler can demand in accordance with § 651e BGB that a third party enters into the rights and obligations from the travel contract instead (transfer of contract).
Hotelo may object to the entrance of the third party, if this does not meet the special travel requirements or its participation contrary to legal regulations or official orders.
Upon contract transfer, the third party and the original contracting party are jointly and severally liable for the travel price and the additional costs arising from the entry of third parties. Otherwise Clause 7.3 applies accordingly.
7.5 If the first or last name given at the time of booking does not correspond to the official name, the regulations also apply accordingly to Clause 6.3 applies accordingly.
8. Termination by Hotelo
8.1 Before the start of the trip Hotelo can be held liable according to § 651h Abs. 4 BGB from the contract.
8.2 Cancellation by Hotelo after the start of the trip is only possible in the following way:
Hotelo may terminate the contract without notice if the traveler persistently disturbs regardless of a warning or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified.
If Hotelo makes this termination, the right to the travel service price retains. Hotelo must, however, give credit for the value of saved expenditures and other financial benefits they obtain from a different use of unused services, including any amounts credited by service providers.
8.3 Notice of termination in case of force majeure
If the tour organizer is prevented from fulfilling the contract due to unavoidable extraordinary circumstances, he shall declare its withdrawal to the traveler immediately after becoming aware of the reason for withdrawal.
In all other cases the deadlines apply according to § 651h Abs. 4 No. 1 BGB.
9. Limitation of Liability
9.1 The contractual liability of Hotelo for damages which do not result from injury to life, body or health is limited to three times the travel price, provided that damage to the traveler is neither caused intentionally nor through gross negligence.
If Hotelo is responsible for damage incurred by the traveler solely due to the fault of a service provider and the latter can invoke special conditions and/or grounds for exclusion with regard to compensation, Hotelo may, in accordance with § 651p Abs. 2 BGB also.
Any further claims under the Montreal convention or the aviation act remain unaffected by these restrictions.
9.2 Hotelo is not liable for disruptions of performance, personal injury and property damage in connection with services that are merely provided as external services (eg excursions, sporting events, theater visits, exhibitions, transport services to and from the advertised starting and finishing location), if these services are provided in the travel advertisement and the booking confirmation are expressly marked as outsourced services, stating the mediated contractual partner, that they are clearly not part of the travel services of Hotelo.
Hotelo is liable
a. for services which include the carriage of the passenger from the advertised place of departure of the journey to the advertised destination, interim transport during the journey and accommodation during the journey;
b. if and to the extent that damage to the tour operator's information, information or organizational duties has caused the damage suffered by the traveler;
c. as well as for technical errors of their booking systems according to § 651x BGB, unless Hotelo is not responsible for the damage-causing error.
10.1 Remedy: If the trip is not provided in accordance with the contract, the traveler can demand remedy. Hotelo can also take remedial action in a way that will provide an equivalent replacement service. Hotelo can refuse the remedy if it requires a disproportionate effort (cf. § 651k BGB).
10.2 Reduction of the travel price (cf. § 651m BGB): For the duration of a non-contractual provision of the travel, the customer can demand a corresponding reduction of the travel price (reduction). The travel service price shall be reduced in the proportion in which, at the time of the sale, the value of the service in a state free of defects would have amounted to the actual value. The reduction does not occur, as far as the traveler culpably fails to notify the defect on site.
10.3 Flaws must be reported immediately to Hotelo, so that the possibility of remedy by Hotelo is given (cf. § 651o BGB). Each traveler is obliged to declare his / her own claims.
10.4 The assignment of travel price reduction claims and claims for damages to fellow travelers, to the booker as a representative of the traveling companions or to third parties are excluded.
10.5 Compensation: The traveler may demand compensation for non-performance, without prejudice to the right to the price reduction or the termination, unless the lack of travel is due to a circumstance that Hotelo is not responsible for (cf. § 651n BGB).
11. Obligation to cooperate
11.1 The traveler is obliged to cooperate in the event of disruptions of performance within the framework of the statutory provisions, to avoid or minimize any damage, to immediately report his complaint to the local tour guide and to demand remedial action. He/she is authorized to take remedial action, if possible.
11.2 If Hotelo does not use its own tour guide and is not owed under the contractual agreements, then the traveler is obliged to initially notify the service provider (hotel, airline, etc.) of any immediately occurring travel defaults. As far as a remedy does not take place after that, the traveler is obliged to inform about the travel defects immediately to the place of business of Hotelo
11.3 The traveler's claims shall not be canceled unless the traveler fails to meet his obligations without assuming his own fault and immediately rectifies the request for remedy to Hotelo.
12. Limitation period
12.1 Claims of the customer/traveler according to § 651i Abs. 3 BGB shall become statute-barred after two years.
12.2 The limitation period begins on the day on which the package tour should end according to the contract
13. Place of Jurisdiction
German law shall apply.
14. Passport and health regulations
14.1 Hotelo informs in the travel advertisement about the entry regulations at the time of the travel offer comprehensively in accordance with Art. 250 § 3 No. 6 EGBGB. It is assumed that the traveler is a citizen of the Federal Republic of Germany. However, this does not absolve the traveler from inquiring about current entry requirements on time before departure. Foreign travelers must inquire at their local embassy or consular post in their home country and will be informed by Hotelo about special entry regulations applicable to them on request. If the tour participant fails to inform Hotelo at the time of booking that he/she is not a German citizen, Hotelo shall not be liable for any possible lack of entry destination information and any resulting damages. Hotelo is not liable for information from third parties, such as travel agents, etc..
14.2 Hotelo is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if the traveler has instructed Hotelo with the procurement, unless Hotelo is responsible for the delay.
14.3 The traveler is responsible for ensuring that he meets all the conditions legally that are necessary for the trip. Hotelo therefore recommends that they obtain information about passport, visa and safety requirements, as well as to clarify health issues at an early stage.
Hints can be found under www.auswaertigesamt.de. Questions of necessary prophylaxis are also answered by a doctor, a tropical institute or the health authority.
16. Animals, airlines and dispute resolution
16.1 Carriage of animals: The transport of pets is only possible after confirmation of the respective service providers. The travel times stated in the brochure or other media need not coincide with any seasons in the destinations or hotels.
16.2 Information about the operating airline
The EU Regulation informing passengers of the identity of the operating air carrier requires Hotelo to inform the customer of the identity of the operating airline of all air transport services to be provided during the booked journey at the time of booking.
If at the time of booking, the operating airline is not yet determined, Hotelo is obliged to name the airline or airlines that are likely to make the flight. Once Hotelo knows which airline will perform the flight, they must inform the customer. If the airline named to the customer as the operating airline changes, Hotelo must inform the customer about the change. He must, immediately, take all appropriate steps to ensure that the customer is informed as soon as possible about the change.
The "Black List" is available on the following website: http://ec.europa.eu/transport/modes/air/safetv/air-ban/index_en.htm
16.3 Settling disputes
The European Commission provides a platform for online dispute resolution: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE .
At national level, the following consumer arbitration bodies would be responsible:
- for customers from Germany:
General Consumer Arbitration Center of the Center for Arbitration, 8, D-77694 Kehl, Tel. 07851/795 79 40, www.verbraucher-schlichter.de
- For customers from Austria:
Participation in proceedings before these and other consumer arbitration bodies is voluntary for Hotelo. However, Hotelo is currently not participating in dispute resolution procedures of consumer arbitration boards.
II. Special information for arranging individual travel services
If Hotelo merely appears as agent of individual travel services (cf. above and I. 1.4) and these are also not considered associated travel services, Hotelo shall expressly inform the respective customer thereof. In such cases Hotelo will already indicate the identity of the service provider (full name and address) in the respective offer.
If Hotelo accepts payments from the customer in connection with the brokerage of travel services, this shall be done for the brokered service provider. In this case, Hotelo is not obliged to provide insolvency protection of its own.
It should be noted that only the general legal regulations and not the specific regulations for package tour contracts or for the brokerage of associated travel services (cf. § 651b BGB) apply to the pure brokerage of travel services, notwithstanding §§ 665v and 665w BGB.
III. Special information for arranging associated travel services
If Hotelo mediates related travel services (cf. above and I. 1.3), Hotelo shall inform the customer prior to conclusion of the contract in accordance with § 651w Abs. 2 BGB in connection with Art. 251 EGBGB.
Hotelo fulfils this duty to inform by handing over a corresponding form in which the customer is informed that the mediated service provider is responsible for the proper provision of services. In this respect, the respective service provider is also liable for the service itself.
If Hotelo arranges directly related travel services, the customer shall receive a correctly completed form in accordance with the model in Annex 16 to Art. 251 § 2 sentence 1 number 2 letter a EGBGB. If the customer books a further travel service within 24 hours and both travel services become associated travel services (see § 651w Abs. 1 sentence 1 no. 2 BGB), the customer shall receive a correctly completed form in accordance with the model in Annex 17 to Art. 250 § 2 sentence 1 no. 2 letter b EGBGB.
As an intermediary of associated travel services, Hotelo always issues separate confirmations and invoices to the customer. Please note, however, that the payment process can still be carried out uniformly. The customer always concludes several contracts with different service providers in the case of mediation of associated travel services.
If Hotelo accepts payments from customers in connection with the mediate of associated travel services, these are covered by a special insolvency insurance taken out by Hotelo for this purpose. Hotelo proves this security to the customer by handing over the security certificate in advance.
IV. Special information for the arrangement of package tours
If Hotelo acts as an agent for package tours (cf. o, and I. 1.2), Hotelo shall inform the customer prior to conclusion of the contract in accordance with § 651v BGB in conjunction with § 651v BGB. Art. 250 §§ 1-3 EGBGB and thus also fulfils the obligations of the tour operator under § 651d Abs. 1 p. 1 BGB.
Hotelo fulfils this obligation to inform by handing over the corresponding form in which the customer is informed of his rights: If Hotelo arranges a package tour directly, the customer shall receive a correctly completed form in accordance with the model in Annex 11 to Art. 250 § 2 (2). 1 EGBGB. If the customer books another travel service within 24 hours and both travel services become a package tour (see § 651c Abs. 2 BGB), the customer shall receive a correctly completed form in accordance with the model in Annex 13 to Art. 250 § 4 EGBGB.
As an agent for package tours, Hotelo has the same obligations as the tour operator itself. If Hotelo arranges a package tour, this is clearly indicated in the respective offer. The terms "package tour", "flat fee", "package" or "arrangement" are typically used to describe a package tour. In the case of travel services arranged by Hotelo at the customer's request (so-called dynamic packaging), it is also a matter of arranging a package tour (see § 651a Para. 2 No. 1 BGB).
Hotelo will also confirm and invoice the customer for an arranged package tour as a complete package. Payments on the travel price, which Hotelo receives from the customer, are covered by a special insolvency insurance policy. Hotelo proves this security to the customer by handing over the security certificate in advance.
If the respective tour operator of a package tour arranged by Hotelo has its registered office outside the European Economic Area at the time the contract is concluded, Hotelo shall meet the obligations of the tour operator resulting from §§ 651i to 651t, unless Hotelo proves that the tour operator fulfils its obligations under the aforementioned regulations.
In the case of an arranged package tour, Hotelo shall be deemed to be authorized by the tour operator to accept notifications of flaws and other declarations by the customer regarding the provision of the travel services. If Hotelo accepts such a declaration by the customer, Hotelo will immediately inform the tour operator.
Hotelo Reisen und Service GmbH
Feldeggstrasse 4, b.2.1
CH - 8008 Zurich