Booking Terms and Conditions
General Terms and Conditions of Travel of TripLegend
TRIPLEGEND provides all journeys offered as package tours based on the following General Terms and Conditions of Travel.
1. Scope of Application
These General Terms and Conditions of Travel (“GTC“) shall become content of the package travel contract concluded between the tour operator Travel The World GmbH offered under the trademark TRIPLEGEND (“Tour Operator“ / “TRIPLEGEND“) and the traveler (“Customer“). The GTC shall not apply if the Customer has not booked a package tour in the sense of Sec. 651a German Civil Code but only single travel services, e.g. an accomodation or a rental car. In respect of any mediated separate travel services or of any linked travel arrangements, these GTC shall not apply. Furthermore, they do not appy to any packages purchased on the basis of a general agreement for the arrangement of business travel between a trader and another natural or legal person who is acting for his business purposes.
2. Conclusion of the Package Travel Contract
2.1 By his application, the Customer submits TRIPLEGEND the binding offer to conclude a package travel contract based on the GTC, the travel description and the additional information of TRIPLEGEND (“Trip Notes“), together with all information resulting from other media used by TRIPLEGEND, insofar as the Customer has been informed of them before the application.
2.2 The application is also made by the applicant on behalf of all participants listed in the registration, for whose contractual obligations the person registering is responsible as well as for his own obligations, provided he has assumed this obligation by express and separate declaration.
2.3 The minimum age for an application to or a participation in a journey offered by TRIPLEGEND is 25 (completed) years. The maximum age of any participant is 39 (completed) years at the time of application due to the specific character of the journeys.
2.4 The Customer’s application can be submitted orally, in writing, by telephone, by telefax or electronically (email, internet booking). If the application has not been done in an electronic form, it is recommended to use TRIPLEGEND’s booking form which shall be sent to the Customer.
2.5 During the online booking, the Customer shall be provided with an explanation of the online booking process on TRIPLEGEND’s website. The Customer can always change, correct, or reset his personal details in the booking process. TRIPLEGEND provides a correction option to reset the entire booking form and explains ist use. By clicking on “next“-buttons, the Customer will reach a page on which he can enter his data and select the payment method. Finally, an overview page is shown on which he can check his details (“check application / booking“). The Customer can correct his input errors (e.g. his data) by clicking on “change“ in the respective field. If the Customer wishes to cancel the booking process completely, he can simply close his browser window. Otherwise, he can complete his application. By clicking on the button “fee-based booking“, the Customer submits a legally binding application. The Customer will receive an electronically generated confirmation which does not stand for a binding acceptance of his application.
2.6 The package travel contract comes into effect upon the acceptance of the Customer’s application by TRIPLEGEND. TRIPLEGEND confirms the conclusion of the contract to the Customer with the booking confirmation on a durable data medium (e.g. by email/as an email attachment) directly or via the travel agent and sends the refund security note. Only in the event of art. 250 Sec. 6 para 1 s. 2 Introductory German Civil Code, for example at trade fairs, does the Customer receive the booking confirmation in paper form. The booking confirmation also serves as an invoice.
2.7 If the content of the booking confirmation varies from the content of the Customer’s application, it shall constitute a new offer from TRIPLEGEND to which TRIPLEGEND is bound for a period of 14 day, provided the pre-contractual requirements have been regarded. TRIPLEGEND shall expressly point the Customer to any divergences. The contract shall be concluded based on this new offer if the Customer expressly or conclusively accepts it within the binding period, for example, by making the deposit.
2.8 The Customer is obliged to immediately check the travel documents received in respect of their correctness (name, travel dates, travel destination etc.) and to notify TRIPLEGEND immediately of incorrect details. Misspelled names can result in airline non-transportation or entry problems at the border.
3. Note on the Non-existence of a Right of Withdrawal
TRIPLEGEND points out that according to the provisions of Sec. 312 cc. German Civil Code, no right of withdrawal exists for the benefit of the Customer, even in distance selling, but only the statutory right of withdrawal and termination. Consequently, the Customer is not entitled to withdraw his application since his declaration of intent is binding. The cancellation of the travel contract on the basis of the GTC is always possible (see Sec. 6 of the GTC and Sec 651h German Civil Code). A right of withdrawal only exists if the travel contract in the sense of Sec. 651a German Civil Code has been concluded outside of business premises after oral negotiations (not: internet booking), unless the oral negotiations on which the conclusion of the contract is based, have been conducted due to a prior order by the consumer.
4.1 After receipt of the booking confirmation and the refund security note, a deposit of 20 percent of the travel price is due and payable within 7 days after the invoice date. The deposit will be credited towards the total price of travel. The remaining amount of the travel price will be due for payment 30 days before the contractual start of the journey, provided that the refund security note has been handed over and once it is established that the journey will take place, in particular, that it can no longer be cancelled for the reason stated in Sec. 9.1. In case of any of short-term bookings within the last-mentioned time period, the total price of travel is due and payable immediately, provided, the refund security note has been handed over.
4.2 In the event TRIPLEGEND has not received any payments due on the travel price despite a reminder and an appropriate time period set for payment, it is entitled to withdraw from the contract. In this case TRIPLEGEND may charge the Customer with cancellation costs based on Sec. 6. below, provided, the Customer did not have any right to refuse the payment.
4.3 Insurance premiums, cancellation compensations, or rebooking fees or fees for name changes are payable immediately.
5. Scope of Services, Price and Contract Changes
5.1 The scope of the contractually owed performance results solely from the description of services in the relevant travel description of TRIPLEGEND or on its website in connection with the respective Trip Notes in connection with the individual travel confirmation to the Customer confirming the conclusion of the contract. In case of any individual offer by TRIPLEGEND to the Customer, TRIPLEGEND’s service obligation shall be defined by it in connection with the individual booking confirmation to the Customer.
5.2 Travel agents and service providers (e.g. airlines, hotels) are not authorized by TRIPLEGEND to make agreements, provide information or make assurances altering the agreed content of the travel contract or exceeding the contractually agreed services or contradicting the travel description, the booking confirmation or the pre-contractual information according to art. 250 Sec. 3 Introductory German Civil Code or which are contradictory to the latter.
5.3 TRIPLEGEND reserves the right to unilaterally increase the tour price after the contract’s conclusion if the increase in the tour price results directly from a rise of costs effectively occurring after the conclusion of the contract, which was not foreseeable at the time of its conclusion, such as a) an increase in costs concerning the carriage of persons resulting from higher cost of fuel or other power sources, b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, landing taxes or embarkation or disembarkation fees at ports or airports, or c) a change in the exchange rates relevant to the package. In the cases mentioned above, the travel price will be changed to the extent that the increase in the factors mentioned in a) to c) per person has an effect on the travel price. Should this be the case, TRIPLEGEND shall notify the Customer immediately on a durable data medium (e.g. by email) clearly and comprehensibly about the price increase with a justification for that increase and a calculation. A price increase is only effective if it meets the requirements in this paragraph and if TRIPLEGEND notifies the Customer of it no later than 20 days before the start of the package. Any price increase requested from the 20th day prior to the agreed departure date is invalid. TRIPLEGEND’s obligation to reduce prices in accordance with Sec. 5.4 is expressly indicated.
5.4 As Sec. 5.3 provides for the possibility of an increase in the travel price, the Customer may demand a price decrease if and to the extent that the factors specified in Sec. 5.3 under a) to c) have changed after the conclusion of the contract and before commencement of travel, resulting in lower costs for TRIPLEGEND. If the Customer has paid more than the amount owed accordingly, TRIPLEGEND shall refund any excess amount to the Customer. TRIPLEGEND may deduct the actual administrative expenses from the refund owed and shall, at the Customer’s request, provide prove of those administrative expenses.
5.5 TRIPLEGEND reserves the right to change contractual conditions other than the travel price unilaterally after the conclusion of the contract if the changes are insignificant and are not brought about contrary to good faith (e.g. changes in flight times by up to 3 hours). TRIPLEGEND shall inform the Customer about the change on a durable data medium (e.g. by email, SMS) in a clear, comprehensible and prominent manner. The alteration shall be effective, provided it fulfils these requirements and TRIPLEGEND has declared it before the start of the journey.
5.6 Significant contract changes: If the price increase reserved in Sec. 5.3 exceeds 8 % of the price of the total package, TRIPLEGEND may not carry it out unilaterally. TRIPLEGEND may, however, offer the Customer a corresponding price increase and demand within a reasonable period that the Customer (1) may accept the offer to increase the price or (2) withdraw from the contract. The offer of a price increase shall be submitted no later than 20 days before the start of the package. If TRIPLEGEND can only provide the package with a significant alteration of any of the main characteristics of the travel services because of a circumstance occurring after the contract’s conclusion (art. 250 Sec. 3 no. 1 Introductory German Civil Code) or only under deviation from the special requirements of the Customer contained in the contract, sentence 2 of this Sec. 5.6 applies accordingly. Therefore, TRIPLEGEND may offer the Customer the respective other alteration of the contract and demand within a reasonable period that the Customer (1) may accept the offer to alter the contract or (2) declare its withdrawal from the contract. The offer of such other alteration to the contract can only be made before the start of the package.
5.7 TRIPLEGEND is entitled to offer the Customer the option of taking part in another package tour (substitute tour), together with its offer of a price increase or another contract alteration according to Sec 5.6. TRIPLEGEND then has to inform the Customer based on art. 250 Sec. 10 Introductory German Civil Code.
5.8 After the expiry of a period determined by TRIPLEGEND in accordance with Sec. 5.6, the offer for a price increase or other contract alteration shall be deemed accepted.
5.9 If the Customer withdraws from the contract based on Sec. 5.6 of these GTC, Sec. 651h para 1 s. 2 and para 5 German Civil Code shall apply accordingly. Claims by the Customer under Sec. 651i para 3 no. 7 German Civil Code remain unaffected.
6. Cancellation by the Customer before Beginning of the Journey, Cancellation Compensation
6.1 The Customer may cancel the contract any time before the commencement of the vacation. The significant moment will be the receipt of the Customer’s notification by TRIPLEGEND or the travel agency by which the Customer’s booking was made. The Customers are recommended to notify cancellation in writing or in text form (e.g. by email).
6.2 If the Customer cancels the travel agreement, TRIPLEGEND will not be entitled to the agreed travel price but may require appropriate compensation from the Customer. For this purpose TRIPLEGEND has determined the following compensation fees; they consider the period between the notice of the cancellation and the commencement of the journey as well as anticipated savings of expenses by TRIPLEGEND and anticipated profits by another use of the travel services, and they shall be determined as a percentage of the travel price, according to the time of the Customer’s withdrawal, as follows:
- up to the 30st day before departure: 20%
- from the 29th to the 22nd day before departure: 30%
- from the 21st to the 15th day before departure: 40%
- from the 14th to the 7th day before departure: 50%
- from the 6th day until the 1st before departure and in case of cancellation on the day of departure / in case of no-show: 95%.
In any case, the Customer is at liberty to prove that TRIPLEGEND incurred no damage or that the damage is significantly less than the lump sum demanded by TRIPLEGEND.
6.3 TRIPLEGEND reserves the right to demand a higher, actual compensation instead of the aforementioned compensation fees and, in this event, shall quantify and substantiate the demanded compensation considering expenses saved and any other use of the travel services.
6.4 Travel insurance: TRIPLEGEND strongly recommends concluding a travel cancellation insurance to cover travel cancellation and interruption costs and may as an agent arrange for the Customer the conclusion of such a travel cancellation insurance or insurance to cover the cost of assistance including repatriation in the event of accident, illness or death.
7. Rebooking and Name Changes, Replacement Customers
7.1 The Customer has no right to alterations in the travel date, the destination, the accommodation, the type of catering, and the mode of transport (rebooking) after the conclusion of the travel contract. If changes are made at the Customer’s request after the trip has been booked, TRIPLEGEND will charge a rebooking fee of EUR 50,00 per change up to 30 days prior to the start of the trip. The Customer is at liberty to prove that damage has not been caused at all or not of the value calculated. Rebooking requests received after the 30st day before the start of the trip may, if possible at all, only be carried out after the Customer’s cancellation of the travel contract under the aforementioned conditions of Sec. 6 of the GTC and a simultaneous new registration.
7.2 The Customer has to provide his full name (complete first and last name) and the names of all participants listed in the application in accordance with the respective valid passport. A name change is any change in the spelling of the first or last name. The Customer does not have a right to receive a name change. If a name change is made at the Customer’s request, TRIPLEGEND is entitled to charge a processing fee of EUR 50,00 per name change up to the 21st day before the beginning of the journey. The Customer will be informed of any further costs charged by the service providers which he shall also bear additionally. The Customer is at liberty to prove that no damage occurred at all or not in the requested amount. Requests to name changes from the 20th day before the beginning of the journey can only be carried out after a cancellation of the travel contract under the conditions set out in Sec 6 with simultaneous registration.
7.3 The Customer may request that a third party be permitted to assume the rights and responsibilities arising from the travel agreement instead of him or herself within a reasonable period on a durable data medium (e.g. by email) before the start of the journey. The notice given at latest seven days before the start of the package shall in any event be regarded to be in a timely manner. TRIPLEGEND may object to the entry of the third party if this third party does not fulfill the contractual travel requirements. If a third party enters into the contract, the Customer and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional costs arising from the entry of the third party. TRIPLEGEND may claim reimbursement of additional costs only if and to the extent that they are reasonable and actually incurred by it. It must provide the Customer with proof of the amount of the additional costs arising from the transfer of the package travel.
8. Unclaimed Travel Services
In the event of any unclaimed travel services, duly offered by TRIPLEGEND to the Customer, for reasons to be attributed to the Customer (e.g. premature return from the journey, illness, incapacity to travel), the Customer shall not be entitled to a pro rata reimbursement of the price of the travel.
9. Withdrawal and Termination by TRIPLEGEND
9.1 TRIPLEGEND may withdraw from the contract and cancel the journey up to 30 days prior to the commencement of the trip if the number of persons enrolled for the package is smaller than the minimum number of participants set forth in the contract, provided it has stated this number in the relevant pre-contractual information (e.g. travel description) and specified the time period within which the withdrawal notice must reach the traveler prior to the contractually agreed commencement of the journey at the latest, and has specified the minimum number of participants and the latest cancellation period in the travel confirmation.
9.2 TRIPLEGEND may also withdraw from the contract before the start of the package if TRIPLEGEND is prevented from performing the contract because of unavoidable and extraordinary circumstances. TRIPLEGEND has to notify the Customer of the withdrawal immediately after becoming aware of the reason for the withdrawal.
9.3 Should TRIPLEGEND withdraw from the travel contract according to Sec. 9.1 or 9.2, it loses its entitlement to receive the agreed travel price.
9.4 If despite a corresponding warning from TRIPLEGEND, the traveler causes a continual disturbance or behaves in a manner contrary to the contract to such an extent that a continuation of the contractual relationship up to the agreed end or up to the expiry of a warning period with said traveler is unreasonable or otherwise constitutes a breach of the contract, TRIPLEGEND may terminate the travel contract without adhering to any notice period. TRIPLEGEND retains its claim to payment of the vacation price, less the value of expenses saved, and any reimbursements made by service providers or similar advantages that it obtains from other types of use of the service not used. Any additional expenses incurred by the Customer in returning home will be borne by the disruptive customer him or herself.
10. Obligations of the Customer, Rectification, Setting of a Period prior to Termination by the Customer, Notification of Baggage damage, Baggage Delays or Baggage Loss
10.1 The Customer is required to notify immediately the local tour guide of TRIPLEGEND or TRIPLEGEND at the address / telephone number given below of any deficiencies that occur and request rectification within a reasonable time. The contact number is contained in the booking confirmation. Insofar as TRIPLEGEND was unable to rectify the deficiency because of a culpable omission of the notification, the Customer shall not be entitled to assert the rights specified in Sec. 651m German Civil Code or to claim damages in accordance with Sec. 651n German Civil Code. If the Customer requests rectification, TRIPLEGEND shall remedy the travel deficiency. However, TRIPLEGEND may decline such remedy if it is impossible or involves disproportionate costs, taking into account the extent of the deficiency and the value of the travel service concerned. TRIPLEGEND may rectify the deficiency by providing a substitute service of equal or higher value. If TRIPLEGEND can refuse to rectify the deficiency and if the deficiency affects a substantial part of the travel services, TRIPLEGEND shall offer rectification through appropriate replacement services.
10.2 Tour guides or TRIPLEGEND’s representatives can provide remedy in accordance with Sec. 10.1 of the GTC but are not entitled to make legal decisions concerning customer claims.
10.3 If a tour is considerably impaired as the result of a deficiency and if TRIPLEGEND fails to provide a remedy within a reasonable period, the Customer may cancel the travel contract as provided by statutory law, however, it is recommended that a written or electronic statement be supplied for reasons of proof. Customers are not required to set a deadline if TRIPLEGEND refuses any remedy or if an immediate rectification is necessary. If the Customer terminates the contract, TRIPLEGEND shall retain the right to the agreed travel price with regard to the travel services rendered and to those travel services which still have to be performed for purpose of the termination of the package tour; claims by the Customer pursuant to Sec. 651i para. 3 no. 6 and 7 German Civil Code shall remain unaffected.
10.4 According to international conventions, damage to baggage, delays in delivery of baggage or loss of baggage occurring in connection with flights must be reported within 7 days in the case of a loss of baggage and within 21 days in the case of delay in delivery of baggage. It is recommended to file the loss or damage report immediately on the premises with the responsible airline and that to assert damage as well in writing. In addition, the loss, damage or misrouting of luggage shall be reported to the local tour guide or to TRIPLEGEND, provided the flights are part of the package tour, if warranty claims based on travel law are asserted.
10.5 The Customer himself has to ensure that he arrives in time for the start of the package tour at the place of its beginning. If the Customer books travel parts or flights himself, it is recommended to regard a considerable lead time and to arrive, e.g. when using rail & fly tickets, at least three hours before departure at the airport in order to easily pass through the check in and the security check. Accordingly, when booking connecting flights yourself, a considerable amount of time should be planned and, if possible, a tariff should be chosen in which rebookings are possible at any time free of charge or at low cost.
10.6 The journeys offered by TRIPLEGEND require, due to the efforts of the traveler involved, a certain physical resilience or condition, but also team spirit and comradely behavior, as well as the willingness to help with any problems that may arise. The conditions of participation are expressly stated in the respective advertised package tours and they are considered special travel requirements. If it turns out during the journey that the traveler does not meet these requirements despite their knowledge, the traveler is not entitled to receive performance insofar as it has become impossible for TRIPLEGEND in the sense of Sec. 275 German Civil Code, e.g. due to non-existent physical requirements as the lack of sue-footedness or the lack of ability to travel. In case of the Customer’s lack of ability to travel, TRIPLEGEND is entitled to refuse the performance of services and can exclude the traveler from the journey.
11. Mitigation Obligation
TRIPLEGEND’s contractual liability for damages, not resulting from injury to life, body or health, which were not culpably caused, shall be limited to three times the travel price. This limitation of liability shall not apply to claims based on the Montreal Convention.
12. Liability, Limitation of Liability
The Customer shall avoid any damage as far as possible or keep it to a minimum. In particular, the Customer shall draw TRIPLEGEND’s attention to any risk of damage.
13. Information Obligations concerning the Identity of the Executing Airline
Pursuant to EU Regulation No. 2111/05, TRIPLEGEND is obliged to inform the Customer of the identity of the respective air carrier of all air transport services as part of the booked travel when bookings are made. If the executing airline(s) has/have not been finally selected at this time, the organizer must name the airline(s) likely to carry out the air carriage and ensure that the Customer is immediately informed of its identity as soon as is / they have been decided on. The same applies if the executing airline changes. The list published by the EU of airlines, which are banned from operating in the EU, can be found on the website https://ec.europa.eu/transport/modes/air/safety/air-ban_en and on TRIPLEGEND’s website.
14. Passport and Visa Requirements, Health and Police Regulations
14.1 TRIPLEGEND informs the Customer about passport and visa requirements of the country of destination, including approximate deadlines for obtaining visa, and about health formalities (e.g. vaccinations and medical certificates prescribed by the police, measures of COVID-19 combat) which are required for the travel and stay.
14.2 TRIPLEGEND is not liable for the timely issue and access of necessary visas by the respective diplomatic representation if the customer has ordered TRIPLEGEND to provide them, unless TRIPLEGEND has violated its own obligations and is responsible for the delay itself.
14.3 The Customer is personally responsible for obtaining and carrying the necessary travel documents and must ensure that his passport or identity card is sufficiently valid for the journey. Furthermore, the Customer has to comply himself with all the regulations which are important for the implementation of the journey. All disadvantages, in particular the payment of cancellation costs resulting from any non-compliance with these regulations, are at his expense, unless TRIPLEGEND has culpably failed to fulfill its obligations to provide information or only poorly fulfilled it. In particular, foreign customs and currency regulations must be observed.
14.4 The Customer should inform himself timely about infection and vaccination protection, which are reasonable beyond Sec. 14.1, as well as about prophylactic measures. Reference is made by TRIPLEGEND to the general information provided by the health authorities, the Federal Center for Health Education, physicians with experience in travel medicine, tropical medicine and the Bernhard Nocht Institute for Tropical Medicine in Hamburg, Germany.
15. Privacy, Rights to Object
15.2 By sending a message to [email protected] the Customer may also object at any time free of charge to the use or processing of customer data for purposes of advertising, market or opinion research or for marketing purposes.
16. Miscellaneous, Information on Online Dispute Resolution and Consumer Mediation
16.1 Should any of the above provisions be or become invalid, the remaining provisions shall nevertheless remain valid and the validity of the travel contract shall remain unaffected. German law shall apply exclusively to the entire contractual and legal relationship between the Customer and TRIPLEGEND. If the Customer is a merchant or legal entity under private or public law or a person, whose domicile or habitual residence is abroad, or whose residence or habitual residence is not known at the time the action is filed, the place of jurisdiction shall be the registered office of TRIPLEGEND.
16.2 The European Commission provides a platform for the online settlement of disputes (OS) for the out-of-court settlement of consumer disputes for travel contracts concluded in electronic legal transactions, which the Customer can find at https://ec.europa.eu/consumers/odr TRIPLEGEND does not participate and is not obliged to participate in any dispute resolution procedure before a consumer mediation body. An internal complaints procedure does not exist.
Travel The World GmbH
Am Lustgarten, Portal 12
10178 Berlin, Deutschland
Geschäftsführer: Alexander Ditzel, Martin Ditzel, Brian Ruhe
E-Mail: [email protected]
AG Charlottenburg, HRB 818206 B.
Main features of service: Organization of package tours. German law is applicable to the travel contract: Auf den Sec. 16.1 of the GTC. The GTC are protected by copyright. TripLegend is a trademark of Travel The World GmbH.