Terms and Conditions for All-Inclusive Offers from Mosellandtouristik GmbH
We would ask you to read through the following terms and conditions of travel carefully. These terms and conditions of travel will become an integral part of the travel contract which you enter into with Mosellandtouristik GmbH, hereinafter known as „MLT“, as tour operator, provided that they have been incorporated with legal effect, and are legally valid. These terms and conditions of travel shall only apply for MLT all-inclusive offers. You can book with the travel agency from which you received this brochure; you can of course also book directly with Mosellandtouristik GmbH. In every case please use the registration form attached. You will receive detailed information about your holiday region together with your travel documents. With the exception of bookings made at short notice you will get the travel documents required for your stay plus a folder with all the important information, special tips on the journey schedule about transfers and travel times, the name of your travel, seminar and course manager and your care staff 10 days before your journey starts.
1. Conclusion of Contract
1.1. The following applies to all types of booking:
a) MLT’s proposal and the traveller’s booking are based on the description of the package offered and supplementary information contained in the basis of the reservation insofar as available to the traveller at the time of booking.
b) MLT points out that according to statutory provisions (§ 312, section 2, figure 9 of the German civil code), for package travel contracts, including package travel contracts that were concluded by means of distance selling (by phone, online, by fax or email), no right of revocation exists, only the traveller’s statutory right of rescission according to § 651i German civil code applies. (See point 3. of these Travel Conditions).
1.2. The following applies to verbal, telephone, written, email and fax bookings:
a) By making the reservation, the customer is bindingly offering the conclusion of the travel agreement to MLT.
b) The contract comes into existence with the receipt of the booking confirmation (declaration of acceptance) provided by MLT. This confirmation is not bound to any form, meaning that confirmations made verbally or by telephone are also legally binding for the traveller. In the case of verbal or telephone bookings, MLT will provide the traveller with a written copy of the booking confirmation. But a traveller’s verbal or telephone booking will also lead to the binding conclusion of a contract, given the corresponding, binding verbal or telephone confirmation, if that traveller does not receive the attendant written copy of the booking confirmation.
c) If MLT makes a specific proposal at the behest of the customer, this constitutes a binding contractual offer by MLT to the customer, in deviation from above provisions. In this case the contract comes into existence without requiring a corresponding reconfirmation by MLT (which will be provided as a rule, however) if the customer accepts this offer within any time period possibly stated therein without limitations, changes or amendments by way of explicit declaration, down payment, final payment, or by availing him- or herself of the travel services.
1.3. The following applies to the conclusion of contract for online bookings (e-commerce contract):
a) By clicking the “Make payable reservation” button, the customer is bindingly offering the conclusion of the travel contract to MLT. The receipt of his or her booking will be immediately confirmed to the traveller by electronic means.
b) Sending the contractual offer by clicking the “Make payable reservation” button does not establish any entitlement on the part of the traveller to the conclusion of a travel contract in accordance with his or her booking information. MLT is instead at liberty to accept the traveller’s contractual offer or not.
c) The contract comes into existence with the traveller’s receipt of the booking confirmation provided by MLT.
d) If the booking is confirmed by way of a corresponding on-screen presentation (booking in real time) immediately after the traveller has made it by clicking the “Make payable reservation” button, the travel contract comes into existence with the availability and display of this booking confirmation to the traveller on screen and without requiring an interim message regarding the receipt of his or her booking. In this case the traveller is offered the option or saving and printing out his or her booking confirmation. The bindingness of the travel contract does not depend on the traveller making use of this option for saving or printing, however. MLT will additionally provide the traveller with a copy of the booking confirmation by email, email attachment, mail or fax.
2. Down payment / Payment of remaining balance
2.1. A down payment is to be made when the contract is entered into, (Receipt of booking confirmation) and following the hand-over of an insurance cover note in accordance with §651k of the (German) Civil Code [BGB]. This will be counted towards the price of the trip. Unless an agreement is made to the contrary in an individual case it will amount to 10% of the trip price.
2.2. The remaining payment will become payable 3 weeks before the beginning of the trip provided that the insurance cover note has been handed over, unless another payment date has been agreed in an individual case. The entire price will be payable immediately for bookings made less than 3 weeks before the beginning of the trip.
2.3. The obligation to hand over an insurance cover note shall lapse a) if the trip does not last for more than 24 hours, does not include an overnight stay and the price of the trip does not exceed 75 € per person per night. b) Notwithstanding Number 2.1. and 2.2., if the agreed holidays do not include any transportation from or to the destination and it is agreed that entire cost of the travel only has to be paid to MLT or to the business providing the accommodation at the end of the trip/stay.
2.4. If MLT is prepared to render the contractual service and is in a position to do so and if the tourist fails to pay the down payment or the remaining balance or fails to pay either of them in full at the dates for payment agreed, without the tourist being entitled to a contractual or statutory right to do so, MLT shall, having sent out a written payment reminder with a set period for payment, consequently be entitled to with draw from the contract and charge the tourist with withdrawal costs in accordance with No 3. of these terms and conditions.
3. Withdrawal by the customer, rebooking
3.1. The customer may withdraw from the trip at any time until the trip begins. To avoid misunderstandings, it is recommended that withdrawal is stated in writing. The date of withdrawal shall be the date on which withdrawal is received by MLT.
3.2. In each case of withdrawal by the tourist, MLT shall be entitled to compensation for the travel arrangements made and the expenses it has incurred as follows: whereby expenses normally saved and the other use of cancelled places as normal must be taken into consideration:
• up until the 31st day before the beginning of the trip 10 %
• from the 30th to the 21st day before the beginning of the trip 20 %
• from the 20th day to the 14th day before the beginning of the trip 40 %
• from the 13th day to the 8th day before the beginning of the trip 50 %
• from the 7th day to the day before the beginning of the trip 80 %
• On the day on which the trip begins and in the event that the tourist fails to appear 90 % of the cost of the trip
3.3. We urgently recommend taking out a travel cancellation insurance as well as insurance which covers repatriation costs in case of accidents or illness.
3.4. The customer is at liberty to prove that the costs incurred by MLT are less than those set rates above or that MLT has not incurred any costs. In this case the customer is only obliged to pay the lower costs.
3.5. MLT reserves the right to demand a higher concrete compensation instead of above all-inclusive prices insofar as MLT demonstrates that the expenditure incurred by MLT significantly exceeds the respectuvely applicable all-inclusive price. In asserting such a claim, MLT is obliged to definitively quantify and substantiate the compensation demanded, taking possibly saved expenditures and a possible other use of the travel services into account.
3.6. The customer’s legal right to nominate a substitute participant as per (German) Civil Code [BGB] section § 651b remains unaffected by above provisions.
3.7. Should the customer wish to make modifications with regard to the travelling date, accommodation, catering or other services (rebookings) after conclusion of the contract, MLT can charge a rebooking fee of €10 up to 31 days before the travel date without this resulting in any legal claim on the rebooking for the customer and as long as it is at all possible. Later rebookings are only possible through withdrawal from the travel contract and new bookings according to the above cancellation conditions. This does not apply to rebooking requests that cause only minor additional costs.
4. The customer’s/traveller’s obligation to report deficiencies during the journey; cancellation of the travel contract by the customer/ traveller; the customer’s obligations for the time-sensitive enforcement of claims; Information on consumer dispute resolution
4.1. The tourist is obliged to notify MLT or the body stated in the travel information of any possible defects there may be without delay and to insist that the defect is rectified. The tourist’s rights shall only be maintained in those cases in which he fulfils his duty to notify the defect caused or if he is not to blame for failing to notify the defect.
4.2. If the trip is adversely affected to a considerable extent, or if the tourist cannot be expected to go on the trip as a result of such a defect for a serious reason recognised by MLT, the tourist may serve notice of termination on the travel contract in accordance with the statutory provisions (§ 651e BGB). Notice of termination shall only be allowed if MLT, or its appointed party have allowed a reasonable period of time set by the tourist to elapse without rectifying the defect. The tourist will not have to set a period if it is impossible to rectify the defect or if MLT or its appointed party refuse to rectify the defect or if or if immediate termination of the contract is justified by a specific interest of the tourist.
4.3. The tourist shall have rights to make a claim on account of the travel performances not being rendered in accordance with the contract only after the trip has ended but within one month of the return date provided for in the contract. Such claims must be asserted to MLT at the address below. If the last day of the time period is a Sunday, an officially recognized public holiday or a Saturday, the next working day will serve instead. Notification of a claim granting a time limit cannot be made to organisers, in particular to the business providing accommodation. It is recommended as a matter of urgency that a claim is asserted in writing. A tourist’s claims can only avoid cancellation if their timely assertion is neglected without any fault of his or her own.
4.4.With regard to the Consumer Dispute Resolution Act (VSBG), MLT would like to point out that material provisions of this law had not yet entered into force at the time these travel terms went to print. MLT does not participate in voluntary consumer dispute resolution. Should consumer dispute resolution become obligatory for MLT after these travel terms are printed, MLT will inform the consumers hereof in an adequate manner. For all contracts concluded via electronic transactions, MLT refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/.
5. Special obligations of the traveller for bicycle trips
5.1. It is the traveller’s responsibility to ensure traffic safety, technical functioning and any other conditions related to carrying an own bicycle. In this context, MLT is not subject to the obligation to provide advice or inspection.
5.2. The customer has the duty to inspect his/ her own bicycle or a bicycle provided by us for technical deficiencies and traffic safety, both at the beginning of the tour and during the tour. In accordance with their general legal obligation to report defects, the traveller must report any defects that might occur immediately to the appointed MLT guides - or should a tour guide not be contractually included - report defects directly to MLT - and request that the problems with the provided bicycles be remedied. The traveller is obliged to strictly adhere to all traffic regulations.
5.3. The traveller is bound to avoiding any damage, impairment or endangerment of persons or property and to adapt his driving style accordingly when riding his/her bicycle.
6.1. MLT’s contractual liability for damages not arising from harm to life, body or health is limited to the threefold travel price insofar as the damage suffered by the customer has not been brought about by intent or gross negligence, and insofar as MLT is only held responsible for damage suffered by the traveller through the fault of a service provider.
6.2. MLT shall not be liable for statements made and disruptions in performance connected with performances,
a) Which are not contractually agreed main performances and are not an integral part of the all-inclusive package offered by MLT and which are identifiable for the customer and described in the trip description or booking confirmation as a third party performance, or
b) During the trip are only announced as being third party performances (E.g. spa and wellness performances, sporting events, visits to the theatre, exhibitions, excursions etc.).
7. Performances not used
If the tourist does not avail himself of individual services offered as part of the travel package as a result of returning early, illness, or for other reasons for MLT is not to blame, the tourist shall not be entitled to have a proportion of the money he has paid reimbursed to him. MLT shall however endeavour to obtain a refund from the organisers provided that the amounts involved are not just minor and repay such amounts to the customer, as soon as, and in so far as they have actually be repaid by the individual organisers to MLT.
8. Jurisdiction and Venue
8.1. The exclusive applicability of German law is agreed for the entire legal and contractual relationship between the customer and MLT for all travellers who are neither nationals of EU member states nor Swiss citizens. Such travellers can only sue MLT at the latter’s principal place of business.
8.2. MLT’s principal place of business is also agreed upon as the place of jurisdiction for suits brought by MLT against travellers and/or contracting partners of travel contracts who are merchants, juristic persons under public or private law, or persons whose place of residence or usual abode is abroad or whose place of residence or usual abode is unknown at the time of the suit being filed.
© These terms and conditions of travel are protected by copyright; RA Noll Stuttgart, 2004 – 2017
The tour operator is
Managing director: Sabine Winkhaus-Robert
Commercial register at the local court of Wittlich, HRB 21498