Terms and conditions & data protection

Reisebedingungen, Informationen gemäß EU-Reise-Richtlinie sowie allgemeine Vermittlungsbedingungen.

Container

Why you can trust BTZ Bremer Touristik-Zentrale:
BTZ Bremer Touristik-Zentrale is a brand that stands for expert advice and the largest selection of Bremen-related tourism products and services. We are the tourism experts within the Marketing and Tourism business unit of WFB Wirtschaftsförderung Bremen GmbH (WFB), who is your contract partner, unless otherwise specified.

1. Our statement on the use of your personal data

2. Terms and conditions for package holidays of BTZ Bremer Touristik Zentrale. Valid for packages with a choice of hotel.

3. Terms and conditions governing the arrangement of third-party packages

4. Key rights under the EU Travel Directive

5. Terms and conditions for accommodation and accommodation-finding services

6. Terms and conditions governing the arrangement of other tourism services

7. Special terms and conditions for groups of ten or more

Key rights under Directive (EU) 2015/2302

1. Our statement on the use of your personal data ↑ top

You agree to the personal data you disclose when making a booking being electronically processed, stored and used by BTZ Bremer Touristik-Zentrale, a brand of WFB Wirtschaftsförderung Bremen GmbH, and its affiliated companies solely for the purposes of processing orders and booking requests. The data that you supply to BTZ/WFB will never be sold or made available to third parties for reasons other than those stated above unless you have given your prior written consent. We hereby explicitly refer to the data subject’s right to object under Art. 21 of the EU General Data Protection Regulation.

2. Terms and conditions for package holidays of BTZ Bremer Touristik Zentrale. Valid for packages with a choice of hotel. ↑ top

So far as the following provisions have been effectively agreed, they will become the content of the travel contract agreed between you and Wirtschaftsförderung Bremen GmbH (‘WFB’). They supplement and complete the statutory provisions of sections 651a - 651y of the German Civil Code (Bürgerliches Gesetzbuch - BGB) and Articles 250 and 252 of the Introductory Act to the Civil Code (Einführungsgesetz zum BGB - EGBGB). Please read these terms and conditions carefully before making your booking!

1. Formation of the package travel contract, customer’s obligations

1.1. The following applies to all booking methods:
a) The basis of the offer from WFB and the customer’s booking is the travel offer and any supplementary information from WFB for the travel concerned so far as these have been made available to the customer at the time of booking.
b) If the content of the travel confirmation from WFB differs from the content of the booking request, this will constitute a new offer from WFB, by which WFB will be bound for a period of ten days. The contract will be formed on the basis of this new offer if WFB has pointed out the change when presenting the new offer and has thereby fulfilled its pre-contractual obligations to provide information and the customer indicates his/her acceptance of this new offer by means of explicit declaration or payment of a deposit within the period for which WFB is bound by its offer.
c) The pre-contractual information provided by WFB on key features of the travel services, the price of the holiday and all additional costs, the payment methods, minimum group size, and standard cancellation fees (pursuant to Article 250, section 3, clauses 1, 3 to 5, and 7 EGBGB) is an integral element of the package travel contract unless the parties expressly agree otherwise.

1.2. The booking may be made orally, by telephone, in writing, by email, by text message or by fax:
a) The booking constitutes a binding offer from the customer to WFB to enter into a package holiday contract. The customer is bound by his or her offer for five working days.
b) The contract is formed when the travel confirmation (declaration of acceptance) is issued by WFB. Upon or promptly after formation of the contract, WFB will send the customer a travel confirmation in writing or by electronic mail (‘text form’) that meets the statutory requirements concerning its content, unless the traveller is entitled to confirmation in paper form pursuant to Article 250 section 6 (1) sentence 2 EGBGB because the contract was concluded in the simultaneous physical presence of both parties or off premises.
c) If WFB submits a firm and binding offer – possibly after prior consultation with the customer regarding the customer’s wishes – including services, prices and travel dates, the contract will, in derogation from the above provisions, be formed by the customer accepting this offer without additions, restrictions, or other modifications in the form and within the period specified by WFB. In this event, the contract will be formed upon receipt of the customer’s declaration of acceptance by WFB. WFB will notify the customer that it has received the declaration of acceptance. However, the legal force of the contract does not depend on the customer’s receipt of this notification.

1.3. For bookings made by means of electronic commerce (e.g. internet, app, teleservices) the following applies in respect of the formation of the contract:
a) The electronic booking procedure in the relevant application is explained to the customer by WFB.
b) A correction option, whose use is explained, is available to the customer to correct or delete his/her entries, or to reset the entire booking form.
c) The contractual languages in which the online booking may be carried out are specified. However, only the German version is legally binding.
d) If WFB’s contract text is stored in the online booking system, the customer will be informed of this and of the possibility of accessing the contract text at a later point.
e) By clicking ‘Book with obligation to pay’, the customer is making a binding offer to WFB to enter into the package travel contract. The customer is bound by this offer for five working days after sending the electronic declaration.
f) The customer will be sent electronic confirmation of receipt of the booking request immediately.
g) The transmission of the booking by clicking ‘Book with obligation to pay’ does not give the customer a right to enter into a package travel contract on the terms stated in the booking request. WFB is free to decide whether or not to accept the customer’s offer of a contract.
h) The contract is formed when the customer receives the travel confirmation from WFB.
i) If the travel confirmation is issued as soon as the customer has made the booking by clicking ‘Book with obligation to pay’, by means of the instant display of the travel confirmation on the screen (booking in real time), the package travel contract will be formed upon the receipt and display of this travel confirmation on the customer’s screen without the customer needing any interim notification of the receipt of his/her booking pursuant to f), provided that the customer is given the option of saving the travel confirmation on a durable medium and printing it off. Nevertheless, the binding nature of the package travel contract is not dependent on the customer actually using this option to save or print out the travel confirmation. WFB will also send the customer a copy of the travel confirmation in text form.

1.4. WFB points out that, under the statutory provisions (section 312 (7) and section 312g (2) sentence 1, no.9 BGB), no cancellation right exists for package travel contracts as defined under section 651a or section 651c BGB that are concluded via distance selling (letters, brochures, phone calls, fax messages, emails, text messages, radio broadcasting, teleservices, and online services). Instead, the customer merely has recourse to the statutory rights of rescission and termination, and specifically to the right of rescission pursuant to section 651h BGB (see also clause 5 in this regard). A cancellation right does, however, exist if the contract concerning travel services pursuant to section 651a BGB has been concluded off premises, unless the oral negotiations upon which the contract’s formation is based were carried out on the basis of a previous order by the consumer; in the latter case, no cancellation right exists.

2. Payment

2.1. WFB and travel agents may only demand or accept payments towards the price of the holiday before the end of the package tour if a valid contract is in place to protect the customer’s money, and the customer has been given the holiday protection insurance certificate (Sicherungsschein) with the name and contact details of the insurance provider highlighted so that they are clear and comprehensible. Upon formation of the contract, an advance payment in the amount of 10 per cent of the price of the holiday will be due for payment once the holiday protection insurance certificate has been provided. The balance will be payable 28 days prior to departure, provided that the customer has received the insurance certificate and the holiday can no longer be cancelled on the grounds specified in clause 7.

2.2. If the travel services do not include transportation of the customer from his/her home address or other departure point to the place where the contractual services are to be rendered and/or back again, and it has been agreed on an ad hoc basis that the entire cost of the holiday should be paid for at the end of the holiday upon receipt of all travel services with no advance payment, there is no obligation to take out insolvency insurance or to provide the customer with a holiday protection insurance certificate. This applies even if an advance payment and/or balancing payment prior to the end of the holiday has been agreed, but WFB has expressly waived any such advance payment or deposit in the booking confirmation.

2.3. If the customer fails to make the advance payment and/or balancing payment in accordance with the agreed due dates, although WFB is willing and able to render its contractual services in due form, has met its statutory obligations to provide information, and no statutory or contractual right of retention exists on the part of the customer, WFB is entitled to cancel the package travel contract after issuing a reminder with a payment deadline, and to charge any cancellation costs pursuant to clause 5 to the customer.

3. Pre-travel changes to the contractual content that do not affect the price of the holiday

3.1. If, after the contract has been concluded, it becomes necessary to change key features of the travel services so that they differ from the agreed content of the package travel contract, WFB is permitted to make these changes prior to departure, provided that WFB did not act contrary to the principles of good faith in making the changes, and that they are minor and do not adversely affect the standard of the holiday as a whole.
3.2. WFB is obliged to inform the customer of any changes to its services promptly upon becoming aware of the reason for the change. This notification must be on a durable medium (including by email, text message, or voice message), and must be clear, comprehensible, and explicitly highlighted.
3.3. In the event of a significant change to a key feature of a travel service, or a deviation from the customer’s specific requirements that had become a part of the package travel contract, the customer will be given a reasonable period – to be set by WFB concomitantly with its notification of the change – during which the customer is entitled either to accept the change or to rescind the package travel contract free of charge. If the customer does not expressly inform WFB that he/she is rescinding the package travel contract within the period provided, the change will be deemed to have been accepted.
3.4. This will not prejudice any claims under warranty if the altered services prove defective. If WFB incurs lower costs in providing the amended holiday or any substitute holiday of the same quality and the same price, the customer shall be reimbursed for the difference, pursuant to section 651m (2) BGB.

4. Increase or reduction in the price

4.1. In accordance with section 651f and section 651g BGB and the provisions below, WFB reserves the right to increase the price of the holiday agreed in the package travel contract if the price of the holiday is directly affected by an increase in taxes and other charges for agreed services, such as tourist taxes.

4.2. An increase in the price of the holiday is only permissible if WFB informs the traveller of the price increase in text form, setting out the information in a clear, understandable way, with reasons for the increase and a calculation of the actual amount.

4.3. Price increases will be calculated as follows: Where taxes or other charges have been increased pursuant to 4.1, the price of the holiday can be raised by the corresponding, proportionate amount.

4.4. WFB is obliged to grant the customer/traveller a reduction in the price of the holiday at the request of the customer/traveller if and to the extent that the charges mentioned in 4.1 have changed since the contract was entered into and prior to departure, and this has resulted in lower costs for WFB. If the customer/traveller has paid more than the revised amount due, the excess amount must be reimbursed by WFB. However, WFB is permitted to deduct any administrative costs that it actually incurs from the reimbursable amount. At the customer/traveller’s request, WFB must provide evidence of the amount of administrative costs incurred.

4.5. Notification of any price increase must reach the customer at least 20 days prior to travel.

4.6. If prices increase by more than 8 per cent, the customer will be given a reasonable period – to be set by WFB concomitantly with its notification of the price increase – during which the customer is entitled either to accept the change or to rescind the package travel contract without charge. If the customer does not expressly inform WFB that he/she is rescinding the package travel contract within the period provided, the change will be deemed to have been accepted.

5. Cancellation by the customer prior to departure; cancellation costs

5.1. The customer may cancel the package travel contract at any time prior to departure. Notice of cancellation must be given to WFB at the address provided above/below. If the holiday was booked via a travel agent, notice of cancellation may also be given to the travel agent. Customers are advised to give notice of cancellation in text form.

5.2. If the customer cancels prior to departure or does not take up the holiday, WFB will not be entitled to the price of the holiday. Instead, WFB may demand appropriate compensation if it is not responsible for the cancellation, or if unavoidable, unusual circumstances at or in the immediate vicinity of the travel destination severely hamper the execution of the package or the transportation of passengers to the travel destination; Circumstances are regarded as unavoidable and unusual if they are outside the control of WFB and their consequences could not have been avoided even if all reasonable precautions had been taken.

5.3. In determining the following fixed compensation amounts, WFB has taken account of the period between the notice of cancellation and departure, the expected cost savings, and the anticipated profit from any alternative use of its travel services. The compensation will be calculated from the time at which notification of cancellation was received and using the relevant cancellation percentage as follows: Applicable cancellation fee per the travel offer as a percentage of the travel price

Pre-departure receiptPackage holidays for independent travellers
Up to 31 days10 %
30 to 15 days30 %
14 to 7 days50 %
6 to 1 day(s)80 %
On the day of arrival and no-shows90 %

For package offers for groups of 10 or more, see 7. Special terms and conditions for groups of 10 or more.

5.4. In any event the customer remains at liberty to furnish evidence to WFB demonstrating that WFB did not incur any loss, or that the loss was significantly less than the fixed compensation demanded by WFB.

5.5. WFB reserves the right to demand a higher, specific compensation amount instead of the fixed percentages referred to above, provided that it can prove that it incurred significantly higher costs than the applicable fixed compensation amount. In this event, WFB is obliged to provide details and evidence of the specific amount of compensation demanded, taking account of the expenses saved and any alternative use of the travel services.

5.6. If WFB is obliged to refund the price of the holiday as a result of a cancellation, it must make this payment without undue delay, and always within 14 days of receipt of the notice of cancellation.

5.7. The statutory right of the customer pursuant to section 651e BGB to demand from WFB by means of a notice in a durable medium that a third party take over his/her rights and duties under the package travel contract in his/her place will remain unaffected by the above provisions. Any such declaration is deemed to have been made in time if it is received by WFB seven days prior to departure.

5.8. The taking out of travel cancellation insurance and insurance to cover the cost of repatriation in the event of an accident or illness is strongly recommended.

6. Changes to bookings

6.1. Once the contract has been concluded, the customer is not entitled to change the travel date, travel destination, place where the holiday commences, accommodation, catering, means of transport, or other services (changes to the booking). This does not apply if changes to the booking are necessary because WFB has provided the traveller with no pre-contractual information at all, or with insufficient or incorrect pre-contractual information pursuant to Article 250, section 3 EGBGB; in this event, the booking can be changed free of charge. If, in other cases, a booking is nevertheless changed at the customer’s request, WFB may charge the customer a rebooking fee for each traveller affected by the rebooking, provided that the deadlines referred to below are met. If nothing is else is agreed on an ad hoc basis before the change to the booking is approved, the rebooking fee will amount to €20.00 per traveller affected up to the point of commencement of the second cancellation tier for the relevant type of holiday, in accordance with the above provision in clause 5.

6.2. Rebooking requests made by the customer after the expiry of the deadlines may only be effected – if rebookings are possible at all – by cancelling the package travel contract in accordance with the conditions in clause 5 and simultaneously making a new booking. This does not apply to rebooking requests that only entail negligible costs.

7. -

8. Termination for reasons relating to conduct

8.1. WFB may terminate the package travel contract without notice if the traveller continuously disrupts the holiday despite being warned by WFB to desist or if he/she acts in breach of contract to such an extent that the immediate cancellation of the contract is justified. This does not apply if the conduct in breach of the contract is based on an infringement by WFB of its obligations to provide information.

8.2. If WFB terminates the contract, it retains its claim to the price of the holiday; however, WFB must deduct the value of the expenses saved and benefits gained from the alternative use of the service not utilised by the traveller, including any sums credited to it by the service providers.

9. Obligations of the customer/traveller

9.1. Travel documents
The customer must inform WFB or the travel agent with whom the package holiday was booked if the customer does not receive the necessary travel documents (e.g. rail ticket, hotel voucher) within the period stated by WFB.

9.2. Reporting problems; requesting a remedy
a) If the holiday is not provided in accordance with the terms of the contract, the traveller is entitled to demand a remedy.
b) If WFB is unable to effect a remedy due to a culpable failure to report the problem, the traveller is not entitled to claim a reduction in the price pursuant to section 651m BGB or to claim compensation pursuant to section 651n BGB
c) The traveller is obliged to report any shortcomings to WFB’s local representative without undue delay. If no local WFB representative is available and WFB is not contractually obliged to have a local representative available, any problems with the holiday should be brought to the attention of WFB through its nominated contact agent; details of WFB’s representative and/or its local contact agent are provided in the travel confirmation. However, the traveller can also report the shortcomings to the travel agent through whom he/she booked the package holiday.
d) WFB’s representative is charged with rectifying any problems, where possible, although the representative is not authorised to admit any claims.

9.3. Grace period prior to termination
If the customer/traveller wishes to terminate the package travel contract in accordance with section 651l BGB due to a shortcoming with the holiday of the type described in section 651i (2) BGB, so far as this shortcoming is substantial, the customer/traveller must first set WFB a reasonable grace period to remedy the problem. The only instance in which this will not apply is if WFB refuses to effect a remedy or if an immediate resolution is necessary.

10. Limitation of liability

10.1. The contractual liability of WFB for loss or damage that does not result from death, physical injury or damage to health and has not been culpably caused is limited to three times the price of the holiday. Any possible claims in excess of this under the Montreal Convention or the German Air Traffic Act (Luftverkehrsgesetz) remain unaffected by this limitation of liability.

10.2. WFB is not liable for interruptions to services, personal injury, or damage to property in relation to services for which it acted merely as an agent (e.g. excursions, sports events, visits to the theatre, and exhibitions) if these services were expressly designated in the travel offer and travel confirmation as services rendered by a third party, stating the identity and address of the contract partner providing the service so clearly that the traveller was able to identify the services as not forming part of WFB’s package tour and could select them separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected. However, WFB is liable if and to the extent that any loss or damage suffered by the traveller is caused by a breach of WFB’s obligations to inform, explain, or organise.

11. Pursuit of claims, addressee

Claims pursuant to section 651i (3) no. 2 and no. 47 BGB must be pursued by the customer/traveller against WFB. Claims can also be pursued via the travel agent if the package holiday was booked through this travel agent. We recommend that claims are asserted in text form.

12. Alternative dispute resolution, choice of law and jurisdiction

12.1. WFB is not obliged to engage in a dispute settlement procedure in accordance with the law governing alternative dispute resolution in consumer matters (VSBG). However, it will do so on a voluntary basis. The responsible consumer dispute resolution body in accordance with section 36 (1) no. 2 VSBG is the Allgemeine Verbraucherschlichtungsstelle, Strassburger Strasse 8, 77694 Kehl am Rhein, Germany, website: www.verbraucher-schlichter.de.

12.2. For customers/travellers who are not nationals of a Member State of the European Union or citizens of Switzerland, the exclusive application of German law is agreed for the entire legal and contractual relationship between the customer/traveller and WFB. Customers/travellers falling into this category may only sue WFB at its registered office.

12.3. The court with jurisdiction over the registered office of WFB is agreed for legal actions by WFB against customers or parties to the package travel contract that are businesses, legal entities incorporated under public or private law or persons who have their domicile or usual place of residence abroad, or whose domicile or usual place of residence is unknown at the time the action is filed.

3. Terms and conditions governing the arrangement of third-party packages ↑ top

We can also arrange package holidays for you that are provided by our hotel partners. Bremer Touristik-Zentrale acts as a booking office on behalf and for the account of the hotel/operator. Any contractual relations arising in respect of the service exist solely between the guest and hotel/operator. The terms and conditions of business of the hotel/operator apply. These are available on the website or you can request a copy from us. The hotel/operator provides all services independently. The hotel/operator alone is 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 WFB will be an agency agreement. Under this agency agreement, WFB will 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 the hotel/operator without undue delay and demand a remedy. Should this complaint prove fruitless, WFB is willing to act as arbiter.

4. Key rights under the EU Travel Directive: ↑ top

The ‘packages with choice of hotel’ and ‘hotel packages’ options and some combinations of experiences and overnight stay/s are package tours within the meaning of Directive (EU) 2015/2302. In these cases we have already informed you about your key rights and our customer payment protection in accordance with this Directive before the completion of the booking (in the shopping basket during your online booking, personally if you have made your booking by telephone or by email if you have sent us a form). You can find further useful information at bremen-tourismus.de

5. Terms and conditions for accommodation and accommodation-finding services ↑ top

WFB arranges accommodation with lodging establishments and private landlords (e.g. hotels, B&Bs and holiday apartments), collectively referred to below as ‘Accommodation Providers’, in accordance with current vacancies. The following terms and conditions, so far as effectively agreed, form part of the accommodation contract between the guest and the Accommodation Provider when a booking is made and govern the contractual relations between the guest and the Accommodation Provider, as well as the agency services provided by WFB, supplementing the statutory provisions. We would therefore ask that you read these Terms and Conditions carefully.

1. Status of WFB

1.1. Wirtschaftsförderung Bremen GmbH – WFB– acts solely as agent unless otherwise explicitly 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 does not affect any liability of WFB 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 WFB 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 WFB 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 explicit 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 WFB 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 WFB 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 will 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 WFB makes 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 is formed, without further confirmation from the Accommodation Provider or WFB, 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 explicit agreement with WFB or the Accommodation Provider.

3.2. Unless a non-binding reservation has explicitly been agreed, the booking made in accordance with clause 2 (Formation of contract) of these conditions constitutes 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 shall keep the requested accommodation free until the agreed date to allow the guest to make the booking. The guest shall notify WFB or the Accommodation Provider by this date whether he/she wishes the booking to be regarded as binding upon him/her too. If no such notification is received, the reservation will be cancelled with no further notification obligation on the part of the WFB or the Accommodation Provider. If notification is given within the stipulated period, the booking will become binding irrespective of any booking confirmation from the Accommodation Provider or WFB.

4. Prices and services

4.1. The prices quoted in the brochure are final prices and include value-added tax at the statutory rate 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 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. An administration fee of €20.00 may be charged for each change to a booking (change to accommodation type, arrival or departure date, length of stay, meals taken) unless the guest has a legal right to make such changes. This does not apply if the change is minor.

5. Payment

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 explicitly 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 willing and able to provide the contractual services, then the Accommodation Provider will 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 deduct the price of an alternative booking or, if this is not possible, any expenditure saved.

6.4. According to the percentage rates established in court decisions 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 per cent
  • For bed and breakfast 80 per cent
  • For half-board 70 per cent
  • For full-board 60 per cent

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 Bremer Touristik-Zentrale (not the Accommodation Provider). In the interests of the guest, we recommend that such notification be sent in writing.

7. Duties of the customer

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 Accommodation Provider. If the problem is not remedied, the guest should inform WFB, which will try to resolve the issue. Reporting a problem to WFB only is not sufficient. Culpable failure to report the problem may render the guest’s claims invalid.

7.2. The guest is entitled to terminate the contract only in the event of substantial defects or problems. He or she 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 clear to the Accommodation Provider or if it would be objectively unreasonable to expect the guest to continue the stay for such reasons.

8. Liability

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 an agent engaged to assist in the performance of its obligations.

8.2. This does not affect the innkeepers’ liability of the Accommodation Provider, 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 WFB 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 agents employed to assist in the performance of their obligations, 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 WFB or by an intentional or grossly negligent breach of duty by their statutory representatives or agents.

9.2. All other contractual claims become statute-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 WFB became aware of its liability, or ought to have become aware had it not been for gross negligence.

9.4. If the guest and the Accommodation Provider or WFB engage in negotiations concerning the claims or the circumstances giving rise to the claim, the period of limitation will be suspended until the guest or the Accommodation Provider or WFB refuses to continue the negotiations. The aforementioned one-year period of limitation will 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 WFB 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 WFB at the court with jurisdiction over the domicile of the Accommodation Provider or of WFB respectively.

10.3. Claims of the Accommodation Provider or WFB against the guest or the booking party must be brought at the court with jurisdiction over the customer’s place of residence. 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, the registered office of the Accommodation Provider is agreed as the place of jurisdiction.

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.

11. Dispute resolution

11.1. WFB is not obliged to engage in a dispute settlement procedure in accordance with the law governing alternative dispute resolution in consumer matters (VSBG). However, it will do so on a voluntary basis. The responsible consumer dispute resolution body in accordance with section 36 (1) no. 2 VSBG is the Allgemeine Verbraucherschlichtungsstelle, Strassburger Strasse 8, 77694 Kehl am Rhein, Germany, verbraucher-schlichter.de.

11.2. Link to the EU online dispute resolution platform:
www.ec.europa.eu/consumers/odr

6. Terms and conditions governing the arrangement of other tourism services ↑ top

WFB arranges various services for you on behalf of our partners (guided tours, tickets, meals and refreshments etc.). Bremer Touristik-Zentrale acts as a booking office on behalf and for the account of the provider of other services. Any contractual relations arising in respect of the service exist solely between the guest and the provider of the services. The terms and conditions of business of the provider apply. These are available on the website or you can request a copy from WFB. The provider will supply the arranged service under its own responsibility. Your contract partners alone are responsible for ensuring that the service is provided in accordance with the terms of the contract.

When a booking has been confirmed, the only contract between the guest and WFB will be an agency agreement. Under this agency agreement, WFB will 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 or her contract partner immediately and demand a remedy. Should this complaint prove fruitless, WFB 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 unless otherwise specifically agreed in writing at the time of booking.

7. Special terms and conditions for groups of ten or more ↑ top

Terms of payment
A 20 per cent deposit is payable at the time the contract is entered into; the balance is due four weeks before the start of the holiday. Where bookings are made less than four weeks before the start of the holiday, the full price is payable immediately. Guided tours (without any other services included) must be paid for at least 14 days prior to the date of travel.

Terms and conditions for cancellations and changes to the booking
We recommend that guests arrange travel cancellation insurance.

Accommodation service
The terms and conditions of the relevant hotel apply. We will advise you of these prior to booking and they will be shown on your booking confirmation. We need the names of all members of your party no later than 30 days before arrival or, for late bookings, at the time of booking. If travel cancellation insurance has been purchased, any members of your party whose names are not listed on the policy will not be covered by this insurance.

Individual tour modules, meals and refreshments, one-day itineraries, and guided tours

  • No charge is made for cancellation or changes to the booking up to 15 days before the date of arrival. If the rebooking requires additional expense or work, BTZ reserves the right to charge an administration fee of €20.00.
  • 14 days or less before the start of the holiday: charge of €20.00
  • On the day of arrival and no-shows: 100 per cent of the total cost of the holiday

If the service provider has any special terms and conditions, we will advise you of these prior to booking and they will be shown on your booking confirmation.

Group package holidays of BTZ Bremer Touristik Zentrale with a choice of hotel.
No charge for cancellation or changes to the booking up to 8 days before the date of arrival.
7 days prior to arrival date: 50 per cent of the total cost of the holiday.
6 - 1 day(s) prior to arrival date: 80 per cent of the total cost of the holiday.
On the day of arrival and no-shows: 100 per cent of the total cost of the holiday. Our group packages have a minimum group size of ten people. If the group size falls below this minimum number due to cancellations, the remaining participants will be offered the choice of changing their booking or paying a higher price per person.

© These terms and conditions of travel are protected by copyright; Deutscher Tourismusverband e. V. und Noll & Hütten Rechtsanwälte, Stuttgart | München, 2017-2018

Contacts:

BTZ Bremer Touristik-Zentrale
A WFB brand.
Tel. 0421 30 800 10
bremen-tourism.de
info@bremen-tourism.de

WFB Wirtschaftsförderung Bremen
Kontorhaus am Markt
Langenstraße 2-4
28195 Bremen
wfb-bremen.de

Board of Directors: Andreas Heyer (Vors.), Peter Siemering
Chairman of the Supervisory Board: Senator Martin Günthner
Registered office: Bremen, HRB 3354

Key rights under Directive (EU) 2015/2302 ↑ top

  • Travellers will receive all essential information about the package before concluding the package travel contract.
  • There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
  • Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
  • Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
  • The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
  • Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
  • Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
  • Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
  • If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
  • Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
  • The organiser has to provide assistance if the traveller is in difficulty.
  • If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. WFB Wirtschaftsförderung Bremen has taken out insolvency protection with HanseMerkur Reiseversicherung AG. Travellers may contact HanseMerkur Reiseversicherung AG, Hamburg; Tel. +49 (0)40 / 53799360 if services are denied because of insolvency of BTZ Bremer Touristik-Zentrale.

Directive (EU) 2015/2302 as transposed into national law

 

Link to new online dispute resolution platform.