General Terms and Conditions & Consumer Information

1.1

CCT’s travel services generally do not include air transport to the event location. Unless the flight is expressly stated in the trip description as part of the package tour offered and operated by CCT, CCT does not offer flight services as its own services but as a brokered service alongside the package tour.

1.2

Insofar as CCT, in addition to the flight services, brokers additional tourist ancillary services of other service providers (e.g. flight service plus a stay in an airport lounge), and these ancillary services of the other service provider do not account for a significant proportion of the total value of this combination of services and neither constitute an essential feature of this combination of services of the service provider or of CCT itself nor are advertised as such, CCT merely has the position of an intermediary.

1.3

As an intermediary, CCT has the position of a facilitator of linked travel arrangements insofar as the statutory requirements of Section 651w BGB for the facilitation of linked travel arrangements by CCT are met.

1.4

Without prejudice to CCT’s obligations as a facilitator of linked travel arrangements (in particular handing over the statutory information form and providing insolvency protection where CCT collects payments) and the legal consequences of non-fulfilment of these statutory obligations, where the requirements under 1.2 or 1.3 are met CCT is neither the tour operator nor the contracting party of the contract for air transport that is concluded in the event of a booking. CCT is therefore not liable for the information provided by the brokered contracting partner regarding prices and services, for the provision of the service itself or for damages arising from these brokered services. Any liability of CCT arising from the brokerage contract and from statutory provisions, in particular mandatory provisions on telemedia and electronic commerce, remains unaffected.

1.5

The position as intermediary obliges CCT in particular:

1.6

CCT’s liability under the brokerage contract remains unaffected by the above provisions.

2.1

The following applies to all booking channels:

2.2

The following applies to bookings made orally, by telephone, in writing, by e-mail or by fax:

2.3

For bookings made by electronic commerce (e.g. internet, app, telemedia), the following applies to the conclusion of the contract:

2.4

CCT points out that, pursuant to the statutory provisions (Section 312 para. 7 BGB), there is no right of withdrawal (Widerrufsrecht) for package travel contracts pursuant to Sections 651a and 651c BGB concluded by means of distance selling (letters, catalogues, telephone calls, faxes, e-mails, messages sent via mobile telephone services (SMS), as well as broadcasting, telemedia and online services); only the statutory rights of withdrawal from and termination of the contract apply, in particular the right of withdrawal pursuant to Section 651h BGB (see also clause 6). A right of withdrawal (Widerrufsrecht) does exist, however, if the contract for travel services pursuant to Section 651a BGB was concluded off business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted at the prior request of the consumer; in the latter case there is likewise no right of withdrawal.

2.5. Minor travellers

3.1

CCT and travel agents may only demand or accept payments towards the travel price before the end of the package tour if an effective insolvency protection contract exists and the insolvency protection certificate (Sicherungsschein), stating the name and contact details of the insurer, has been handed over to the customer in a clear, comprehensible and prominent manner. After the conclusion of the contract, a deposit of 20 % of the travel price plus the one-off booking fee and additional services becomes due for payment against delivery of the insolvency protection certificate. The balance becomes due 28 days before the start of the trip, provided that the insolvency protection certificate has been handed over and the trip can no longer be cancelled for the reason stated in clause 9. For bookings made less than 28 days before the start of the trip, the entire travel price is due for payment immediately.

3.2

If the customer does not make the deposit and/or the balance payment in accordance with the agreed payment due dates, although CCT is ready and able to properly provide the contractual services, has fulfilled its statutory information obligations and the traveller has no statutory or contractual right of set-off or retention, and if the traveller is responsible for the default in payment, CCT is entitled, after issuing a reminder setting a deadline and after expiry of that deadline, to withdraw from the package travel contract and to charge the traveller withdrawal costs in accordance with clause 6.

3.3

Protection of customer payments: In the event of CCT’s insolvency or inability to pay, the refund of the travel price paid and of the necessary expenses for return transport is secured in accordance with Section 651r BGB. The insurer is Zurich Insurance Europe AG, Platz der Einheit 2, 60327 Frankfurt am Main. The customer receives the insolvency protection certificate (Sicherungsschein) stating the name and contact details of the insurer in accordance with clause 3.1 before making the first payment towards the travel price. Questions regarding the protection of customer payments are answered by KAERA Industrie und Touristik Versicherungsmakler GmbH, Industriestr. 4–6, 61440 Oberursel, Tel. 06172/99761-0.

4.1

Deviations of essential characteristics of travel services from the agreed content of the package travel contract which become necessary after the conclusion of the contract and which were not brought about by CCT in bad faith are permitted to CCT before the start of the trip, insofar as the deviations are insignificant and do not affect the overall character of the trip.

4.2

CCT is obliged to inform the customer of changes to services without delay after becoming aware of the reason for the change, on a durable medium (e.g. also by e-mail, SMS or voice message), in a clear, comprehensible and prominent manner.

4.3

In the event of a significant change to an essential characteristic of a travel service or a deviation from special requirements of the customer that have become part of the package travel contract, the customer is entitled, within a reasonable period set by CCT at the same time as the notification of the change, either to accept the change or to withdraw from the package travel contract free of charge. If the customer does not expressly declare his withdrawal from the package travel contract to CCT within the period set by CCT, the change is deemed to have been accepted.

4.4

Any warranty claims remain unaffected insofar as the changed services are defective. If CCT incurred lower costs for carrying out the changed trip or a substitute trip offered, if any, of equivalent quality at the same price, the difference is to be refunded to the customer in accordance with Section 651m para. 2 BGB.

5.1

In accordance with Sections 651f, 651g BGB and the following provisions, CCT reserves the right to increase the travel price agreed in the package travel contract insofar as one of the following occurring after the conclusion of the contract has a direct effect on the travel price:

5.2

An increase in the travel price is only permissible if CCT informs the traveller in text form, clearly and comprehensibly, of the price increase and its reasons and, in doing so, states how the price increase is calculated.

5.3

The price increase is calculated as follows:

5.4

CCT is obliged to grant the customer/traveller, at his request, a reduction in the travel price if and insofar as the prices, charges or exchange rates referred to in clause 5.1 a)–c) have changed after the conclusion of the contract and before the start of the trip and this leads to lower costs for CCT. If the customer/traveller has paid more than the amount owed hereunder, the excess amount is to be refunded by CCT. However, CCT may deduct from the excess amount to be refunded the administrative expenses actually incurred by CCT. At the customer’s/traveller’s request, CCT must provide evidence of the amount of administrative expenses incurred.

5.5

Price increases are only permissible if received by the customer no later than the 20th day before the start of the trip.

5.6

In the event of price increases of more than 8 %, the customer is entitled, within a reasonable period set by CCT at the same time as the notification of the price increase, either to accept the change or to withdraw from the package travel contract free of charge. If the customer does not expressly declare his withdrawal from the package travel contract to CCT within the period set by CCT, the change is deemed to have been accepted.

6.1

The customer may withdraw from the package travel contract at any time before the start of the trip. The withdrawal must be declared to CCT at the address stated below; if the trip was booked through a travel agent, the withdrawal may also be declared to the travel agent. The customer is recommended to declare the withdrawal in text form.

6.2

If the customer withdraws before the start of the trip or does not start the trip, CCT loses its entitlement to the travel price. Instead, CCT may demand reasonable compensation insofar as the withdrawal is not attributable to CCT. CCT may not demand compensation insofar as unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity which significantly affect the performance of the package tour or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.

6.3

CCT has set the following compensation lump sums taking into account the period between the declaration of withdrawal and the start of the trip as well as the expected savings in expenses and the expected income from alternative use of the travel services. The compensation is calculated according to the time of receipt of the declaration of withdrawal using the respective cancellation scale as follows:

6.4

In any event, the customer remains free to prove to CCT that CCT has suffered no loss at all or a loss substantially lower than the compensation lump sum demanded by CCT.

6.5

A compensation lump sum pursuant to clause 6.3 is deemed not to have been fixed and agreed insofar as CCT proves that CCT has incurred substantially higher expenses than the calculated amount of the lump sum pursuant to clause 6.3. In this case, CCT is obliged to specifically quantify and substantiate the compensation demanded, taking into account the expenses saved and any income from alternative use of the travel services.

6.6

If CCT is obliged to refund the travel price as a result of a withdrawal, Section 651h para. 5 BGB remains unaffected.

6.7

The customer’s statutory right pursuant to Section 651e BGB to demand from CCT, by notification on a durable medium, that a third party assumes the rights and obligations arising from the package travel contract in his place remains unaffected by the above conditions. Such a declaration is in any event timely if it is received by CCT 7 days before the start of the trip.

6.8

Taking out travel cancellation insurance as well as insurance to cover the costs of return transport in the event of accident or illness is strongly recommended.

7.1

After the conclusion of the contract, the customer has no entitlement to changes regarding the travel date, the destination, the place of departure, the accommodation, the type of board, the means of transport or other services (rebooking). This does not apply if the rebooking is necessary because CCT has provided no, insufficient or incorrect pre-contractual information to the traveller pursuant to Article 250 § 3 EGBGB; in this case the rebooking is possible free of charge. If, in the other cases, a rebooking is nevertheless made at the customer’s request, CCT may, subject to compliance with the following deadlines, charge the customer a rebooking fee per traveller affected by the rebooking. Unless otherwise agreed in the individual case before the rebooking is confirmed, the rebooking fee is EUR 20 per traveller affected, in each case up to the point in time at which the second cancellation stage of the respective type of trip pursuant to the above provision in clause 6 begins.

7.2

Rebooking requests by the customer made after expiry of the deadlines can, insofar as their implementation is possible at all, only be carried out after withdrawal from the package travel contract in accordance with the conditions of clause 6 and simultaneous re-registration. This does not apply to rebooking requests that cause only minor costs.

9.1

CCT may withdraw from the contract if a minimum number of participants is not reached, in accordance with the following provisions:

9.2

If the trip is not carried out for this reason, the customer will receive a refund of any payments made towards the travel price without delay; clause 6.6 applies accordingly.

10.1

Appropriate behaviour on the part of the traveller is expected by the tour operator. This includes respecting the customs, practices and laws of the host country, not violating the house rules of the hotel or of the means of transport and not committing any criminal offences. In the event of violations, the traveller will first be warned and may, in the event of repetition, be excluded from the remainder of the trip without refund of the travel price.

10.2

CCT may terminate the package travel contract without notice if the traveller, notwithstanding a warning from CCT, persistently causes disruption or if the customer behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified. This applies in particular in the event of serious violations (e.g. criminal offences, intentional bodily harm, damage to property, theft, misuse of narcotics, etc.), if the accommodation provider has issued a ban from the premises as a result of the traveller’s violations, or if the traveller persistently and unreasonably impairs the interaction within the group. The foregoing does not apply, however, insofar as the behaviour in breach of contract is causally based on a breach of CCT’s information obligations.

10.3

If CCT terminates the contract, CCT retains its entitlement to the travel price; however, CCT must allow for the value of the expenses saved as well as those benefits which CCT obtains from alternative use of the services not used, including the amounts credited by the service providers.

11.1

Travel documents: The customer must inform CCT, or the travel agent through whom the customer booked the package tour, if the customer does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period notified by CCT.

11.2. Notification of defects / request for remedy

11.3

Setting a deadline before termination: If the customer/traveller wishes to terminate the package travel contract pursuant to Section 651l BGB due to a travel defect of the kind described in Section 651i para. (2) BGB, provided it is significant, the customer must first set CCT a reasonable deadline for remedy. This does not apply only if remedy is refused by CCT or if immediate remedy is necessary.

11.4

Damage to and delay of luggage on air travel; special rules & deadlines for requesting remedy

12.1

For packages that include medical services, spa treatments, wellness offers or comparable services, it is the customer’s responsibility to inform himself, before booking, before the start of the trip and before making use of the services, whether the respective treatment or services are suitable for him taking into account his personal state of health, in particular any existing complaints or illnesses.

12.2

In this respect, CCT does not owe, without express agreement, any special medical information or advice tailored to the respective customer regarding the consequences, risks and side effects of such services.

12.3

The above provisions apply irrespective of whether CCT is merely the intermediary of such services or whether they form part of the travel services.

13.1

CCT’s contractual liability for damages that do not result from injury to life, body or health and were not caused culpably is limited to three times the travel price. Any further claims under the Montreal Convention or the German Aviation Act (Luftverkehrsgesetz) remain unaffected by this limitation of liability.

13.2

CCT is not liable for disruptions of performance, personal injury or damage to property in connection with services that are merely brokered as third-party services (e.g. brokered excursions, sporting events, theatre visits, exhibitions) if these services have been identified so clearly as third-party services in the trip description and the travel confirmation, expressly and stating the identity and address of the brokered contracting partner, that they are recognisable to the traveller as not forming part of CCT’s package tour and have been selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.

13.3

However, CCT is liable if and insofar as a breach of CCT’s duties to advise, inform or organise has caused damage to the traveller.

13.4

Insofar as services such as medical services, therapeutic services, massages or other curative treatments or services do not form part of CCT’s package tour and are merely brokered by CCT in addition to the booked package pursuant to clause 12.2, CCT is not liable for the provision of the services or for personal injury or damage to property. Liability arising from the brokerage relationship remains unaffected. Insofar as such services form part of the travel services, CCT is not liable for the success of any cure or treatment.

15.1

At the time of booking, in accordance with the EU Regulation on informing air passengers of the identity of the operating air carrier, CCT informs the customer before or at the latest at the time of booking of the identity of the operating air carrier(s) with regard to all air transport services to be provided as part of the booked trip.

15.2

If the operating air carrier(s) has/have not yet been determined at the time of booking, CCT is obliged to inform the customer of the air carrier(s) likely to operate the flight. As soon as CCT knows which air carrier will operate the flight, CCT will inform the customer.

15.3

If the air carrier named to the customer as the operating air carrier changes, CCT will inform the customer of the change without delay and as quickly as is possible by reasonable means.

15.4

The “Black List” drawn up in accordance with the EC Regulation (air carriers that are banned from using the airspace above the Member States) is available on CCT’s website or directly via https://transport.ec.europa.eu/transport-themes/eu-air-safety-list_en and can be inspected at CCT’s business premises.

16.1

CCT will inform the customer/traveller about general passport and visa requirements as well as health formalities of the destination country, including the approximate periods for obtaining any necessary visas, before the conclusion of the contract, and about any changes to these before the start of the trip.

16.2

The customer is responsible for obtaining and carrying the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Any disadvantages arising from non-compliance with these regulations, e.g. the payment of withdrawal costs, are borne by the customer/traveller. This does not apply if CCT has provided no, insufficient or incorrect information.

16.3

CCT is not liable for the timely issue and receipt of necessary visas by the respective diplomatic mission if the customer has commissioned CCT to obtain them, unless CCT has culpably breached its own obligations.

17.1

The parties agree that the agreed travel services will always be provided by the respective service providers in compliance with and in accordance with the official requirements and conditions applicable at the time of the trip.

17.2

The traveller agrees to observe reasonable rules or restrictions of use imposed by the service providers when making use of travel services and, in the event of typical symptoms of illness occurring, to inform the tour management and the service provider without delay.

17.3

The customer’s rights under Section 651i BGB remain unaffected by the above provisions.

19.1

With regard to the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG), CCT points out that CCT does not participate in voluntary consumer dispute resolution before a consumer arbitration body and is not obliged to do so. Should consumer dispute resolution become mandatory for CCT after these travel conditions have gone to print, CCT will inform consumers of this in an appropriate form.

19.2

For customers/travellers who are not nationals of a Member State of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the customer/traveller and CCT. Such customers/travellers may sue CCT exclusively at CCT’s registered office.

19.3

For actions brought by CCT against customers or contracting parties to the package travel contract who are merchants, legal entities under public or private law, or persons whose domicile or habitual residence is abroad or whose domicile or habitual residence is unknown at the time the action is brought, the registered office of CCT is agreed as the place of jurisdiction.