Terms & Conditions
TRIPLEGEND provides all tours offered as package tours on the basis of the following General Terms and Conditions of Travel.
1. scope of application
These General Terms and Conditions of Travel ("GTC"), insofar as effectively included, become the content of the package travel contract concluded between the tour operator Travel The World GmbH under the brand TRIPLEGEND ("tour operator" / "TRIPLEGEND") and the traveler ("customer"). They do not apply if the Customer does not book a package tour within the meaning of §§ 651a ff. BGB (German Civil Code), but only individual travel services, e.g. hotel only or rental car, from TRIPLEGEND. These GTC do not apply to the procurement of individual services or associated travel services in accordance with § 651w BGB. Furthermore, the GTC do not apply to contracts for travel which are concluded on the basis of a framework contract for the organisation of business trips with a traveller who is an entrepreneur for the entrepreneur's business purposes.
2. conclusion of the package travel contract
2.1 By registering for a trip, the Customer makes a binding offer to TRIPLEGEND to conclude a package travel contract on the basis of the travel description together with supplementary information from TRIPLEGEND ("Trip Notes") as well as information from other TRIPLEGEND media, insofar as these were brought to the attention of the Traveler prior to registration, and on the basis of these GTC.
2.2 The registration is made by the customer also for all participants listed by him in the registration, for whose contractual obligations he is liable as for his own obligations, provided that he has assumed this obligation by express and separate declaration.
2.3 Registration or participation in TRIPLEGEND's trips is not possible for customers under 25 years of age. The maximum age of participants is 39 years at the time of registration for the trips due to their special character.
2.4 The registration can be made orally, in writing, by telephone, by fax or electronically (e-mail, internet). In the case of a registration that is not made electronically, it is recommended that the booking be made using the booking form provided by TRIPLEGEND, which TRIPLEGEND will send to the Client.
2.5 When booking online, the online booking process is explained to the customer on TRIPLEGEND's website. During the booking process, the Client can change, correct or reset his/her details at any time. A corresponding correction option is also available for resetting the entire online booking form, the use of which is explained. Clicking on "Next" buttons also takes the customer to a page where they can enter their details and then select the payment method. Finally, an overview page opens where he can check his details ("Check registration / booking"). The customer can correct the input errors (e.g. data) by clicking on "Change" in the respective field. If the customer wants to cancel the booking process completely, he can also simply close his browser window. Otherwise he can complete the registration. By pressing the button or the button "book with costs", the customer submits his registration in a legally binding manner. The customer receives an electronic confirmation of receipt of his travel registration, which does not yet constitute acceptance of the contract.
2.6 The package tour contract comes into effect with the acceptance of the Customer's registration by TRIPLEGEND. TRIPLEGEND confirms the conclusion of the contract to the Customer with the booking confirmation on a durable data medium and sends the security certificate. Only in the case of Art. 250 § 6 Para. 1 S. 2 EGBGB (e.g. at trade fairs) will the Customer receive the travel confirmation in paper form. The booking confirmation shall also be deemed to be an invoice.
2.7 If the content of the travel confirmation differs from the content of the travel booking, TRIPLEGEND will make a new offer in compliance with its pre-contractual information obligations and will be bound to this offer for a period of 14 days. TRIPLEGEND will explicitly inform the Customer of this deviation. The contract is concluded on the basis of this new offer if the Customer expressly or conclusively accepts it within the binding period, for example by making the down payment.
2.8 The customer is obliged to immediately check travel documents received for correctness of issue (name, travel dates, destination, etc.) and to immediately notify TRIPLEGEND of any incorrect designations. Incorrectly written names can lead to non-acceptance by an airline or problems with entry.
3. information on the non-existence of a right of withdrawal
TRIPLEGEND points out that according to the legal regulations of §§ 312 ff. BGB (German Civil Code), there is no right of revocation for the package tours offered, even in distance selling, but only the statutory rights of withdrawal and cancellation apply. This means that the customer cannot revoke his or her declaration of intent when registering for a trip, but that this declaration is binding. A withdrawal from the travel contract on the basis of the General Terms and Conditions of Travel is always possible (see section 6 and § 651h BGB). A right of withdrawal only exists if the contract for travel services has been concluded outside of business premises after oral negotiations in accordance with § 651a BGB (not: internet booking), unless the oral negotiations on which the conclusion of the contract is based have been conducted at the prior order of the consumer.
4.1 After receipt of the booking confirmation and the security certificate, a deposit of 20 percent of the tour price is due and payable within 7 days of the invoice date. The deposit will be credited against the total price. The remaining payment is due and payable 30 days before the contractual start of the tour, provided that the security certificate has been handed over and it is certain that the tour will be carried out, in particular that it can no longer be cancelled for the reason stated in clause 9.1. If the registration is made within the latter period, the total price is due for payment immediately if the security certificate has been handed over.
4.2 If payments due for the tour price are not received despite a reminder and a reasonable deadline for payment, TRIPLEGEND is entitled to withdraw from the contract. In this case, TRIPLEGEND may charge the Client with cancellation costs, which are based on section 6 below, provided that the Client did not have a right to refuse payment himself/herself.
4.3 Premiums for insurances, cancellation fees or rebooking fees and fees for name changes are due for payment immediately.
5. services, price and contract changes
5.1 The contractually owed services result exclusively from the service description of TRIPLEGEND in the specific travel description belonging to the respective trip in the catalogue or on the website of TRIPLEGEND, including the trip notes belonging to the trip in connection with the content of the travel confirmation. If the registration is based on an individual offer to the customer, TRIPLEGEND's obligation to perform results from this in conjunction 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 give assurances or information, nor to make agreements that change the agreed content of the package travel contract, go beyond the contractually agreed services or beyond the travel description, the booking confirmation or the pre-contractual information according to Art. 250 § 3 EGBGB of TRIPLEGEND or contradict them.
5.3 TRIPLEGEND reserves the right to unilaterally increase the tour price after conclusion of the contract if the increase in the tour price results directly from a) an increase in the price for the transportation of persons due to higher costs for fuel or other energy sources, b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or c) a change in the exchange rates applicable to the relevant package tour. In the aforementioned cases, the tour price will be changed to the extent that the increase in the factors listed in a) to c) affects the tour price per person. Should this be the case, TRIPLEGEND will immediately inform the Customer in a clear and comprehensible manner on a permanent data medium (e.g. by e-mail) about the price increase and the reasons for it, and in doing so will inform the Customer about the calculation of the price increase. A price increase is only effective if it meets the requirements stated here and the customer is informed no later than 20 days before the start of the trip. A price increase that is demanded from the 20th day before the agreed departure date is ineffective. TRIPLEGEND's obligation to reduce prices in accordance with section 5.4 is expressly pointed out.
5.4 As clause 5.3 provides for the possibility of an increase in the tour price, the Customer may demand a reduction in the tour price if and insofar as the factors mentioned in clause 5.3 under a) to c) have changed after conclusion of the contract and before the start of the tour and this results in lower costs for TRIPLEGEND. If the Customer has paid more than the amount owed hereunder, the additional amount is to be reimbursed by TRIPLEGEND. TRIPLEGEND may deduct from the additional amount to be reimbursed the administrative expenses actually incurred by TRIPLEGEND and must prove to the Customer at the latter's request the amount of administrative expenses incurred.
5.5 TRIPLEGEND reserves the right to unilaterally change contractual conditions other than the travel price after the conclusion of the contract if the changes are insignificant and are not brought about in bad faith (e.g. in the case of flight time changes of up to 3 hours). TRIPLEGEND must inform the Customer of the change in a clear, comprehensible and prominent manner on a permanent data medium (e.g. by e-mail, SMS). The change is only effective if it meets these requirements and is declared before the start of the trip.
5.6 Significant changes to the contract: If the price increase reserved in 5.3 exceeds 8 % of the tour price, TRIPLEGEND may not make it unilaterally. TRIPLEGEND may, however, offer the Customer a corresponding price increase and require the Customer to (1) accept the price increase offer or (2) withdraw from the contract within a reasonable period of time determined by TRIPLEGEND. The offer to increase the price cannot be made later than 20 days before the start of the trip. If TRIPLEGEND can only provide the trip due to a circumstance that occurred after the conclusion of the contract with a significant change to one of the essential characteristics of the travel services (Art. 250 § 3 No. 1 EGBGB) or only with a deviation from special specifications of the Customer that have become part of the contract, then sentence 2 of this section 5.6 applies accordingly, i.e. TRIPLEGEND can offer the Customer the corresponding other contract modification and demand that the Customer within a period of time determined by TRIPLEGEND, which must be reasonable, (1) accepts the offer to modify the contract or (2) declares his withdrawal from the contract. The offer for such other contract change cannot be made after the start of the trip.
5.7 TRIPLEGEND may also offer the Customer the option to participate in another package tour (substitute tour) in its offer for a price increase or other contractual change according to section 5.6, of which TRIPLEGEND must inform the Customer in accordance with Art. 250 § 10 EGBGB.
5.8 After the expiry of a period of time determined by TRIPLEGEND in accordance with Section 5.6, the offer to increase the price or otherwise amend the contract shall be deemed to have been accepted.
5.9 If the customer withdraws from the contract in accordance with section 5.6, § 651h para. 1 sentence 2 and para. 5 BGB shall apply accordingly. Claims of the customer according to § 651i para. 3 no. 7 BGB remain unaffected.
Cancellation by the customer before the start of the trip / cancellation costs
6.1 The customer can withdraw from the trip at any time before the start of the trip. The date of receipt of the notice of withdrawal by TRIPLEGEND or the travel agency through which the Customer's booking may have been made is decisive. It is recommended that the Customer declare the withdrawal in writing or in text form (e.g. by e-mail), i.e. on a permanent data carrier.
6.2 If the Customer withdraws from the travel contract, TRIPLEGEND loses the claim to the agreed travel price, but may demand reasonable compensation from the Customer. For this purpose, TRIPLEGEND has determined the following compensation lump sums, which are determined according to the period of time between the declaration of withdrawal and the start of the trip, the expected saving of expenses by TRIPLEGEND and the expected acquisition through other use of the travel services as a percentage of the travel price, depending on the date of withdrawal of the Customer, as follows:
until 30. 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 to the 1st day before departure and
in case of cancellation on the day of departure /
in default of appearance 95%
The Customer is at liberty to prove to TRIPLEGEND that TRIPLEGEND has not incurred any damages at all or that the damages incurred are significantly lower than the flat rates demanded by TRIPLEGEND.
6.3 TRIPLEGEND reserves the right to demand a higher, concrete compensation instead of the aforementioned lump sums and will in this case specifically quantify and substantiate the demanded compensation, taking into account the saved expenses and any other use of the travel services.
6.4 Travel Insurance: To cover trip cancellation and interruption costs, TRIPLEGEND strongly recommends the purchase of trip cancellation insurance and can arrange for the Client to purchase trip 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, substitute participants
7.1 After conclusion of the contract, the customer has no legal claim to changes regarding the travel date, the travel destination, the place of departure, the accommodation, the type of catering or the type of transport (rebooking). If, at the request of the Customer, rebookings are nevertheless made after the booking of the trip, TRIPLEGEND will charge a rebooking fee of € 50 per rebooking up to 30 days before the start of the trip. The customer is at liberty to prove that no damage or less damage was incurred. Rebooking requests received after the 30th day before the start of the trip can, if their implementation is possible at all, only be carried out after withdrawal from the travel contract under the above conditions in paragraph 6 with simultaneous new registration.
7.2 When registering for the trip, the full name (all first names and surnames) and the names of all co-registered travel participants must be available in accordance with the valid passport. A name change is any change in the spelling of the first or last name. The customer has no legal claim to a name change. If a name change is made at the request of the customer after conclusion of the contract, TRIPLEGEND is entitled to charge a processing fee of € 50 per name change up to the 21st day before the start of the trip. The customer will be informed in advance of any further costs incurred by the service provider and must also bear these costs. The customer is at liberty to prove that no damage at all or not in this amount has occurred. Requests for name changes from the 20th day before the start of the trip can only be carried out after withdrawal from the travel contract under the conditions of point 6 with simultaneous new registration.
7.3 The customer can declare within a reasonable period of time before the start of the trip on a permanent data medium (e.g. by e-mail) that a third party is entering into the rights and obligations arising from the travel contract instead of the customer. The declaration is in any case timely if it is received by TRIPLEGEND no later than seven days before the start of the trip. 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 the contract, he and the customer are liable to TRIPLEGEND as joint and several debtors for the travel price and the additional costs arising from the entry of the third party. TRIPLEGEND may only demand reimbursement of additional costs if and to the extent that these are reasonable and have actually been incurred by TRIPLEGEND. TRIPLEGEND must provide the Client with proof of the amount of additional costs incurred due to the entry of the third party.
8. service not used
If the Customer does not make use of individual travel services that TRIPLEGEND has duly offered to him/her for reasons for which he/she is solely responsible (e.g. due to early return, illness), he/she shall not be entitled to a pro rata refund of the travel price.
9 Withdrawal and termination by TRIPLEGEND
9.1 TRIPLEGEND can withdraw from the contract and cancel the trip up to 30 days before the start of the trip if the minimum number of participants has not been reached and if TRIPLEGEND has stated this number in the respective pre-contractual information (e.g. travel brochure) and the date by which the declaration of withdrawal must be received by the traveller before the contractually agreed start of the trip at the latest, and has stated the minimum number of participants and the latest withdrawal deadline in the travel confirmation.
9.2 TRIPLEGEND may also withdraw from the contract before the start of the trip if TRIPLEGEND is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances. TRIPLEGEND must then declare the withdrawal immediately after becoming aware of the reason for withdrawal.
9.3 If TRIPLEGEND withdraws from the travel contract according to section 9.1 or 9.2, it loses the claim to the agreed travel price.
9.4 If, despite a corresponding warning by TRIPLEGEND, the Traveller persistently disturbs TRIPLEGEND or behaves contrary to the contract to such an extent that a continuation of the contractual relationship until the agreed termination or the expiry of a notice period with him is unreasonable, or otherwise strongly contrary to the contract, TRIPLEGEND can terminate the package travel contract without observing a period of notice. In this case, TRIPLEGEND retains the right to the tour price minus the value of saved expenses and, if applicable, reimbursements by service providers or similar advantages that TRIPLEGEND gains from the alternative use of the unused service. Any additional costs for return transportation shall be borne by the disruptive party itself.
10. obligations of the customer, remedy, setting of deadlines before termination by the customer, notification of baggage damage, baggage delays or loss of baggage
10.1 The customer must immediately report any defects that occur to TRIPLEGEND's local travel management or at the address / telephone number listed below and request a remedy within a reasonable period of time. The contact number can always be found in the booking confirmation. As far as TRIPLEGEND was not able to provide a remedy due to a culpable omission of the notification, the customer is not entitled to assert the rights specified in § 651m BGB or to claim damages according to § 651n BGB. If the Customer demands a remedy, TRIPLEGEND must remedy the travel defect. TRIPLEGEND can refuse the remedy if it is impossible or if it involves disproportionate costs considering the extent of the travel defect and the value of the affected travel service. TRIPLEGEND may remedy the situation by providing a substitute service of equal or greater value. If TRIPLEGEND can refuse to remedy the defect and if the defect affects a significant part of the travel services, TRIPLEGEND has to offer remedy by reasonable substitute services.
10.2 TRIPLEGEND's tour guides or representatives may provide redress in accordance with clause 10.1, but are not authorised to make legal decisions on Customer claims.
10.3 If a trip is significantly impaired due to a defect and TRIPLEGEND does not provide a remedy within a reasonable period of time, the Customer may terminate the travel contract within the framework of the statutory provisions, whereby for reasons of evidence, written or electronic declaration is recommended. The determination of a deadline by the Customer is only not required if the remedy is refused by TRIPLEGEND or if the immediate remedy is necessary. If the contract is terminated by the Customer, TRIPLEGEND retains the right to the agreed travel price with regard to the travel services rendered and the travel services still to be rendered at the end of the package tour; claims of the Customer according to § 651i para. 3 nos. 6 and 7 BGB remain unaffected.
10.4 According to international conventions, damage to baggage, delays in delivery of baggage or loss of baggage in connection with flights must be reported within 7 days in the case of loss of baggage and within 21 days in the case of baggage delays after delivery of the baggage, whereby it is recommended that the loss or damage be reported immediately on the spot to the responsible airline and that the damage then also be claimed again in writing. In addition, the loss, damage or misrouting of baggage must be reported to the local tour guide or the tour operator if flights are part of the package tour and warranty claims under travel law are asserted.
10.5 It is the customer's responsibility to ensure that he/she arrives at the place of commencement of the package tour in good time. When booking parts of the journey or flights booked by the customer, it is recommended to allow for a considerable time margin and, in the case of Rail & Fly tickets, to arrive at the airport at least three hours before departure in order to be able to pass through the check-in and security check comfortably. Likewise, when booking connecting flights yourself, you should allow a considerable amount of time and, if possible, choose a fare where changes can be made at any time free of charge or at a low cost.
10.6 The tours offered by TRIPLEGEND require a certain level of physical resilience or fitness from the traveller due to the effort involved, but also team spirit and comradely behaviour, as well as the willingness to help with any problems that may arise. The requirements for participation are expressly stated in the respective package tours advertised and are regarded as special travel requirements. If it becomes apparent during the trip that the traveler does not meet these requirements despite being aware of them, the traveler's claim to performance is excluded insofar as it has become impossible for TRIPLEGEND as defined by § 275 BGB (German Civil Code) to perform vis-à-vis the customer, for example due to physical requirements that do not exist (e.g. lack of sure-footedness, lack of fitness to travel). If an inability to travel is determined, TRIPLEGEND is entitled to refuse further services and can exclude the traveller from the trip.
11. duty to mitigate damages
The Customer must prevent the occurrence of damage as far as possible and keep any damage that has occurred to a minimum. In particular, the Customer shall draw TRIPLEGEND's attention to the risk of damage.
12 Liability, limitation of liability
TRIPLEGEND's contractual liability for damages that are not bodily injuries and are not culpably caused is limited to three times the travel price. This limitation of liability does not apply to claims that are given according to the Montreal Convention.
13. information requirements on the identity of the operating air carrier
In accordance with EU Regulation No. 2111/05, TRIPLEGEND is obliged to inform the customer at the time of booking about the identity of the respective airline of all air transport services that may be provided as part of the booked trip. If the operating airline(s) has/have not yet been determined at this point in time, the organiser or the agent must name the airline(s) that will probably perform the air carriage and must immediately ensure that the customer is informed of the identity as soon as it/they has/have been determined. The same applies if the operating airline changes. The list of airlines published by the EU which do not have an operating licence in the EU can be found on the website https://ec.europa.eu/transport/modes/air/safety/air-ban_de and on the TRIPLEGEND website.
14. passport and visa requirements, sanitary regulations
14.1 TRIPLEGEND informs the Client about passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas as well as health formalities (e.g. vaccinations and certificates required by the police, measures to combat Covid 19) that are necessary for the trip and the stay.
14.2 TRIPLEGEND is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation if the Client has commissioned TRIPLEGEND with the procurement, unless TRIPLEGEND has violated its own obligations and is itself responsible for the delay.
14.3 The customer himself is responsible for carrying the necessary travel documents and must ensure that his passport or identity card has sufficient validity. Furthermore, he himself is responsible for compliance with all regulations important for the implementation of the trip. All disadvantages, in particular the payment of cancellation costs, resulting from non-compliance with these regulations are at the expense of the customer, unless TRIPLEGEND is at fault for not fulfilling its obligation to inform the customer or for not fulfilling it properly. In particular, foreign customs and foreign exchange regulations must be complied with.
14.4 The customer should inform himself in good time about protection against infections and vaccinations that are useful from a health point of view over and above section 14.1, as well as about prophylactic measures. Reference is made to the general information provided by the health offices, the Federal Centre for Health Education, doctors experienced in travel medicine, tropical doctors and the Bernhard Nocht Institute for Tropical Medicine in Hamburg.
15 Data protection, rights of objection of the customer
15.2 By sending a message to [email protected], the customer may also, at any time and free of charge, object to the use or processing of its data for advertising, market research or opinion polling purposes, or for marketing purposes.
16. miscellaneous, references to online dispute resolution and consumer arbitration
16.1 Should any of the above provisions be or become invalid, the remaining conditions 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. Insofar as the Customer is a merchant or a legal entity under private or public law or a person whose place of residence or habitual abode is abroad, or whose place of residence or habitual abode is unknown at the time the action is brought, the place of jurisdiction is agreed to be the registered office of TRIPLEGEND.
16.2 The European Commission provides a platform for online dispute resolution (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 in a dispute resolution procedure before a consumer arbitration board and is not legally obliged to do so. An internal complaints procedure does not exist.
Travel The World GmbH, Am Lustgarten, Portal 12, 10178 Berlin, Germany, Managing Directors: Alexander Ditzel, Brian Ruhe, e-mail: [email protected], www.triplegend.com, VAT ID: DE331435671, AG Charlottenburg, HRB 818206 B. Main features of the service: Organisation of package tours. Tour operator liability insurance: Dialog Versicherung AG, 81718 Munich, contact person: Ms Nicole Linsner; scope of insurance: worldwide. The travel contract is governed by German law: see clause 16.1. These ARB are protected by copyright. TripLegend is a trademark of Travel The World GmbH.