Travel Terms and Conditions - Agency Service
Terms and conditions for agency services
The agency terms and conditions and travel terms and conditions have been translated into English for information only. The German version is legally binding.
Bremer Touristik-Zentrale GmbH, Findorffstrasse 105, 28215 Bremen, arranges accommodation provided by lodging establishments and private landlords (hotels, inns, guesthouses, private rooms and holiday apartments), hereinafter collectively known as "Accommodation Providers", in accordance with current vacancies. The following terms and conditions, so far as effectively agreed, shall form part of the accommodation contract between the guest and the accommodation provider when a booking is made and shall govern the contractual relations between the Guest and the Accommodation Provider, as well as the agency services provided by Bremer Touristik-Zentrale, supplementing the statutory provisions. Please read these terms and conditions carefully.
1. Status of BTZ
1.1. Bremer Touristik-Zentrale - hereinafter referred to as "BTZ" - shall act solely as agent unless otherwise expressly agreed.
1.2. It accepts no liability for information supplied by the Accommodation Provider, nor for services or disruption to services to be provided by the Accommodation Provider. The foregoing provision shall not affect any liability of BTZ arising under the agency agreement.
2. Formation of the contract, travel agent, information in hotel guides
2.1. The booking constitutes a binding offer from the Guest to the Accommodation Provider to conclude an accommodation contract. This offer is based on the description of the accommodation and the supplementary information in the booking materials (e.g. description of location, classification notes), so far as the Customer has access to these.
2.2. Travel agents - with the exception of BTZ itself - are not authorised to conclude agreements, supply information or make representations which vary the agreed content of the contract, extend beyond the contractually agreed services of the Accommodation Provider or conflict with the description of the accommodation.
2.3. Information in hotel guides and similar directories not published by BTZ or the Accommodation Provider are not binding upon the Accommodation Provider and do not constitute part of its contractual duty unless they have been made part of the Accommodation Provider's duty through express agreement with the Guest.
2.4. The booking may be made orally, in writing, by telephone, fax or electronically (email, internet). Where bookings are made electronically the Guest will be sent electronic confirmation of receipt of the booking request immediately.
2.5. The contract is formed upon receipt of the declaration of acceptance (booking confirmation) from the Accommodation Provider or BTZ as the agent of the Accommodation Provider. The declaration of acceptance does not require a specific form, so confirmations received orally or by telephone are legally binding upon both Guest and Accommodation Provider. Generally, the Guest will also receive written confirmation of the booking from the Accommodation Provider or from BTZ acting as its agent.
2.6. If the content of the booking confirmation varies from the content of the booking, this constitutes a new offer on the part of the Accommodation Provider. The contract shall be formed on the basis of this new offer if the Guest indicates his or her acceptance of this offer by means of explicit declaration, payment of a deposit or the balance, or use of the accommodation.
2.7. If the Accommodation Provider or BTZmakes a special offer at the request of the Guest or the Booking Party, then, notwithstanding the above provisions, this shall constitute a binding contract offer from the Accommodation Provider to the Guest or the Booking Party. In such a case the contract shall be formed, without further confirmation from the Accommodation Provider or BTZ, if the Guest or the Booking Party accepts this offer within the period stipulated in the offer without qualification, modification or addition, through explicit declaration, payment of a deposit or the balance, or use of the accommodation.
3. Non-binding reservations
3.1. Non-binding reservations which the Guest may cancel without charge are permitted only by express agreement with BTZ or the Accommodation Provider. A non-binding reservation can not be made via the online booking engine.
3.2. Unless a non-binding reservation has expressly been agreed, the booking made in accordance with clause 2 (Formation of contract) of these conditions shall constitute a contract which is legally binding upon the Accommodation Provider and the Guest/Booking Party.
3.3. If a non-binding reservation has been agreed, the Accommodation Provider will keep the requested accommodation free until the agreed date to allow the Guest to make the booking. The Guest shall notify BTZor the Accommodation Provider by this date whether he/she wishes the booking to be regarded as binding. If no such notification is received, the reservation shall be cancelled with no further notification obligation on the part of the BTZ or the Accommodation Provider. If notification is given within the stipulated period, the booking shall become binding irrespective of any booking confirmation from the Accommodation Provider or BTZ.
4. Prices and services
4.1. The prices quoted in the brochure ore on the internet are final prices and include statutory value-added tax and, unless otherwise specified, all additional expenses. Resort tax and tourist tax may apply and will be shown separately, along with charges for consumption-based services (e.g. electricity, gas, water, firewood) and for optional and additional services.
4.2. The services to be provided by the Accommodation Provider are defined solely by the content of the booking confirmation in conjunction with the applicable brochure, the offer on the internet or the description of the property, and by any supplementary agreements expressly agreed with the Guest/Booking Party. The Guest/Booking Party is advised to record any supplementary agreements in writing.
4.3. For changes to bookings (changes to accommodation type, arrival or departure date, length of stay, meals taken), to which the Guest has no legal entitlement, an administration fee of Euro 20.00 per change may be charged. This does not apply if the change is minor.
5.1. The dates on which the deposit and balance are due are those dates agreed with the Guest or the Booking Party and specified in the booking confirmation. In the absence of any special arrangement, the full price for the accommodation including charges for additional expenses and additional services shall be payable at the end of the stay to the Accommodation Provider.
5.2. For stays of more than one week the Accommodation Provider may, at the end of each week, request payment for the days already stayed and for additional services (such as meals not included in the price of the accommodation, items taken from the mini-bar).
5.3. The Accommodation Provider may also demand a deposit of 20 per cent of the total price, even if this is not expressly mentioned in the booking confirmation.
5.4. If the Guest fails to pay an agreed deposit or fails to do so in full despite having no contractual or statutory right to withhold payment, and despite having received a reminder from the Accommodation Provider specifying a deadline by which this payment must be made, and if the Accommodation Provider is still willing and able to provide the contractual services, then the Accommodation Provider shall be entitled to cancel the contract and to charge the Guest cancellation costs in accordance with clause 6 of these terms and conditions.
6. Cancellation and no-show
6.1. If the Guest cancels the booking or fails to turn up, the Accommodation Provider shall be entitled to demand payment of the agreed price including charges for meals and additional services.
6.2. The Accommodation Provider must attempt, within the scope of its normal business operations but without any obligation to make any special effort, to find an alternative use for the booked accommodation, taking account of any special characteristics (e.g. non-smoking room, family room).
6.3. The Accommodation Provider shall offset the costs of an alternative booking or, if this is not possible, any expenditure saved.
6.4. According to the percentage rates stipulated by law for assessing costs saved, the Guest or Booking Party shall pay the Accommodation Provider the following amounts, based in each case on the total price of the accommodation services (including all additional expenses), but excluding public charges such as tourist or resort tax:
- for holiday apartments/self-catering accommodation 90%
- for bed and breakfast 80%
- for half-board 70%
- for full-board 60%
6.5. The Guest/Booking Party is expressly entitled to provide evidence to the Accommodation Provider that the cost savings were significantly greater than the aforementioned cancellation charges, or that an alternative use was found for the accommodation or other services. If such evidence is provided the Guest or the Booking Party is only required to pay the lesser amount.
6.6. We strongly recommend that guests arrange travel cancellation insurance.
6.7. Due to the booking procedures, the notice of cancellation must be sent to BTZ (not the Accommodation Provider). In the interests of the Guest, we recommend that such notification be sent in writing.
7. Duties of the Booking Party
7.1. The Guest is obliged to inform the Accommodation Provider of any problems and defects and to demand a remedy immediately. Any complaints should be reported in the first instance to the relevant service provider. If the problem is not remedied, the Guest should inform BTZ, which will try to resolve the issue. Reporting a problem to BTZ only is not sufficient. Culpable failure to report the problem may render the Guest's claims invalid.
7.2. The Guest may only terminate the contract in the event of substantial defects or problems. It must first report the problem to the Accommodation Provider and allow a reasonable period for the defect to be remedied, unless remedy is impossible or is refused by the Accommodation Provider or if immediate termination is justified by a particular interest of the Guest which is discernible to the Accommodation Provider or if it would be objectively unreasonable to expect the Guest to continue the stay for such reasons.
8.1. The contractual liability of the Accommodation Provider for damage other than physical injury is limited to three times the price of the holiday, unless the Guest's loss has been caused intentionally or through gross negligence on the part of the Accommodation Provider or unless the Accommodation Provider is responsible for damage sustained by the Guest solely because of the fault of a vicarious agent.
8.2. This shall not affect the Accommodation Provider's innkeepers' liability, so far as such exists, for items brought into the property pursuant to sections 701 et seq. German Civil Code (BGB).
8.3. The Accommodation Provider is not liable for defective performance in connection with services which are merely arranged with third party providers (e.g. sporting events, theatre visits, exhibitions etc.) during the stay and which are identifiable to the Guest/Booking Party as third-party services. The same applies to third-party services which were arranged in conjunction with the accommodation booking, so far as these are expressly identified as third-party services in the brochure description or booking confirmation.
9. Statute of limitations
9.1. Claims under contract of the Guest/Booking Party against the Accommodation Provider or against BTZ arising from death, physical injury or damage to health including contractual claims to compensation for pain and suffering, which are caused by their negligent breach of duty or an intentional or negligent breach of duty by their statutory representatives or vicarious agents, shall become statute-barred after three years. This also applies to claims for compensation for other loss caused by grossly negligent breach of duty by the Accommodation Provider, or by BTZ or by an intentional or grossly negligent breach of duty by their statutory representatives or vicarious agents.
9.2. All other claims under contract shall become time-barred after one year.
9.3. The statute-barring of claims under the above provisions shall commence at the end of the year in which the claim arose and the Guest/Booking Party became aware of the circumstances giving rise to the claim and in which the Accommodation Provider or BTZ became aware of its liability, or should have become aware had it not been for gross negligence.
9.4. If the Guest and the Accommodation Provider or BTZ engage in negotiations concerning the claims or the circumstances giving rise to the claim, the period of limitation shall be suspended until the Guest or the Accommodation Provider or BTZ refuses to continue the negotiations. The aforementioned one-year period of limitation shall take effect no sooner than three months after the end of the period of suspension.
10. Choice of law and jurisdiction
10.1. The contractual relationship between the Guest or Booking Party and the Accommodation Provider or BTZ shall be governed exclusively by German law. The same also applies to the legal relationship as a whole.
10.2. The Guest or Booking Party may only bring legal action against the Accommodation Provider or BTZ at the court with jurisdiction over the domicile of the Accommodation Provider or of BTZ respectively.
10.3. Claims of the Accommodation Provider or BTZ against the Guest or the Booking Party must be brought at the court with jurisdiction over the customer's place of residence. The court with jurisdiction over the domicile of the Accommodation Provider is agreed for actions against Guests or Booking Parties which are businesses, legal entities incorporated under public or private law or persons who have their domicile/business address or usual place of residence abroad, or whose domicile/business address or usual place of residence is unknown at the time the action is filed.
10.4. The above provisions do not apply if and to the extent that other mandatory provisions of European law or other international provisions are applicable.
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Bremer Touristik-Zentrale Gesellschaft für Marketing und Service mbH
Tel.: +49 421 3080010
Fax: +49 421 3080030
Dear Guest, We are happy to arrange individual tourism services for you (tickets for events, guided tours, trips, theatre and concerts tickets etc.), and package holidays supplied by third-party tour operators in accordance with our current product range. Bremer Touristik-Zentrale acts as a booking office on behalf and for the account of the provider of other services or the tour operator. Any contractual relations arising in respect of the service exist solely between the guest and the provider of the services or the tour operator, who will supply the arranged service under its own responsibility. Your contract partners shall be exclusively responsible for ensuring that the service is provided in accordance with the terms of the contract. Once a booking has been confirmed, the only contract between the guest and Bremer Touristik-Zentrale shall be an agency agreement. Under this Agency Agreement, Bremer Touristik-Zentrale shall be obliged to provide comprehensive information and advice and ensure that the agency service is properly performed. In the event of complaints the guest should therefore contact his contract partner immediately (supplier of other services or tour operator) and seek a remedy. Should this complaint prove fruitless, Bremer Touristik-Zentrale is willing to act as arbiter.
Please note that, particularly in the case of admission tickets, event tickets, guided tours and trips, tickets cannot be returned and bookings cannot be amended.
In the case of bookings for private groups of ten or more people, Bremer Touristik-Zentrale may charge an administration fee of €20.00 per change in the event of changes to the booking. In the event of a change or cancellation of booking within 14 days of travel, a charge of €20.00 is payable; on the day of arrival this rises to 100 per cent. We recommend that you take out travel cancellation insurance or ticket return protection.
If you are booking a tour that includes overnight accommodation, you will need to tell us the names of all the members of your party. Please provide us with this information no later than 30 days before your arrival. If the period between completion of your booking and the date of travel is less than 30 days, please provide us with the names of everyone in your party immediately.
If travel cancellation insurance has been booked, any members of your party whose names are not listed on the policy will not be covered by this insurance.
If you have booked a guided tour that is due to take place outside our normal office hours (Mon-Fri 8.30am to 6pm, Sat 9.30am to 1pm), you should ensure that you have your tour guide's mobile phone number so that you can contact him or her directly if there are any delays.
Terms of payment
Guided tours (without any other services included) must be paid for at least 14 days prior to the date of travel.
For all other bookings (hotel packages, hotel rooms, one-day itineraries, travel modules), an advance payment of 20% (or at least €20.00) is due. You must then pay the outstanding balance no later than four weeks before the date of travel so that we can send you your travel documents in good time.
Terms & conditions for booking amendments and cancellations
Reservation of accommodation:
The date up to which you can cancel bookings without incurring any charges is determined by the individual hotel's terms and conditions. Unless you have been notified of a later date, you can cancel bookings up to eight weeks before the date of travel without incurring any charges. If you wish to reduce the number of persons in your party, the costs incurred will depend on the size of your group, the number of hotel rooms cancelled and the number of days until your date of travel. You will need to contact your hotel for information on the charges payable in each case. At the minimum you will have to pay an administration fee of €20 for each amendment made.
Individual tour modules, meals and refreshments, one-day itineraries, and guided tours:
You can cancel group bookings or make an amendment – i.e. a change to the number of persons in your party, the tour dates or times, or the type of tour booked – up to 14 days prior to the date of travel without incurring a charge. Any later than that, you will have to pay a one-off administration fee of €20.
If bookings are amended or cancelled on the date of travel, the tour price will be payable in full.
Should the service provider stipulate any special terms and conditions, these will be shown separately on the booking confirmation.
Our full Terms & Conditions for Accommodation and Agency Services can be found in our latest travel brochure or on our website at www.bremen-tourism.de
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