General travel conditions for package tours
The following general travel conditions for package tours, as far as they have been effectively agreed, are the content of the package travel contract concluded between the traveler and Frobeen Touristik GmbH as the tour operator. They supplement the statutory provisions of §§ 651a to y BGB (Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB) and fill them out. The general travel conditions therefore do not apply if the traveler has not booked a package tour (but, for example, associated travel services in accordance with Section 651w BGB). The traveler may be informed accordingly about this.
1. Conclusion of the package travel contract
1.1. The following applies to all booking channels, whether through a travel agent, or directly with the tour operator, by telephone, online, etc.
• The basis for the tour operator's offers are the travel advertisement and the additional information provided by the tour operator for the respective trip, insofar as these are available to the traveler when the booking is made.
• If the content of the tour operator's travel confirmation differs from the content of the booking, the tour operator has made a new offer to which he is bound for a period of 10 days. The contract is concluded on the basis of this new offer if the tour operator has pointed out the change with regard to the new offer and has fulfilled his pre-contractual information obligations and the traveler declares acceptance to the tour operator within the binding period by express declaration or implicitly by paying a deposit on the travel price .
• The pre-contractual information given by the organizer about essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the flat rate cancellation fees (in accordance with Article 250 § 3 No. 1, No. 3 to 5 EGBGB) only then do not become part of it of the package tour contract, provided this has been expressly agreed between the traveler and the tour operator.
The traveler is responsible for all contractual obligations of fellow travelers for whom he is making the booking as for his own, provided that he has accepted this obligation by express and separate declaration.
1.2. In addition to the booking, which is made verbally, by telephone, in writing or by email, the following applies:
• With the booking (travel registration) the traveler offers the tour operator a binding conclusion of the package travel contract.
• The contract is concluded when the tour operator receives the travel confirmation. Upon or immediately after the conclusion of the contract, the tour operator will send the traveler a travel confirmation on a permanent data carrier that complies with the legal requirements; This enables the traveler to keep the travel confirmation unchanged or to save it so that it is accessible to him within a reasonable period of time, for example on paper or by email. The traveler is entitled to a travel confirmation in paper form in accordance with Art. 250 § 6 Paragraph 1 Clause 2 EGBGB if the contract was concluded in the simultaneous physical presence of both contracting parties or outside of business premises.
1.3. The following applies to the conclusion of a contract for bookings in electronic business transactions (e.g. internet app, telemedia):
• The electronic booking process is explained to the traveler in the relevant application.
• The traveler has a corresponding correction option to correct his entries, to delete or to reset the entire booking form, the use of which is explained.
• The contract languages offered for the electronic booking are indicated.
• As far as the contract text is saved by the tour operator, he will inform the traveler about this and about the possibility of later retrieving the contract text.
• By clicking the button “book with obligation to pay” or “order with obligation to pay” or with a comparable wording, the traveler offers the tour operator the binding conclusion of the package tour contract.
• The traveller's receipt of his / her travel registration is immediately confirmed electronically.
• Submitting the travel registration by pressing the button does not entitle the traveler to the conclusion of the package travel contract.
• The contract is only concluded when the traveler receives the travel confirmation from the tour operator, which is on a permanent data carrier. If the travel confirmation takes place immediately after pressing the button “book with obligation to pay” or a comparable wording by displaying the travel confirmation directly on the screen, the package travel contract is concluded with the presentation of this travel confirmation. In this case, there is also no need for interim notification of receipt of the booking, provided that the traveler is offered the option of saving it on a permanent data carrier and printing out the travel confirmation. However, the binding nature of the package travel contract does not depend on whether the traveler actually uses this option for saving or printing.
1.4. The tour operator points out that according to the statutory provisions (§§ 312 Paragraph 7, 312g Paragraph 2 Clause 1, No. 9 BGB) for package travel contracts according to § 651a and § 651c BGB that were concluded at a distance (letters, catalogs, Telephone calls, faxes, emails, short messages sent by mobile phone, SMS as well as radio, telemedia and online services), there is no right of revocation, but only the statutory right of withdrawal and termination, in particular the right of withdrawal according to § 651h BGB. However, there is a right of revocation if the contract for travel services according to § 651a BGB has been concluded outside of business premises, unless the oral negotiations on which the contract is based were based on the previous order of the traveler as a consumer; in the latter case, there is no right of withdrawal (§§ 312g (2) sentence 1, no. 9, sentence 2 in conjunction with § 320 BGB)
2.1. Tour operators and travel agents may only request or accept payments on the travel price prior to the end of the package tour if there is an effective customer money protection contract and the customer has been given the security certificate with the name and contact details of the customer money insurer in a clear, understandable and highlighted manner. After conclusion of the contract, a deposit of 20% of the travel price is due for payment against the delivery of the security certificate. The remaining payment is usually due 14 days before the start of the trip, provided the security certificate has been handed over.
2.2. If the traveler does not make the down payment and / or the final payment on the travel price in accordance with the agreed payment due dates, although the tour operator is ready and able to properly provide the contractual services, has fulfilled its statutory information obligations and the traveler has no legal or contractual right of retention, the tour operator is entitled to withdraw from the package tour contract after a reminder with setting a deadline and to charge the traveler with withdrawal costs in accordance with section 5.1. until 5.6. to charge.
3. Changes to services before the start of the journey
3.1. Deviations of essential characteristics of travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and were not brought about by the tour operator in bad faith, are permitted to the tour operator before the start of the trip, provided the changes are not significant and do not affect the overall design of the trip.
3.2. The tour operator is obliged to inform the traveler about changes in service immediately after becoming aware of the reason for the change on a permanent data carrier such as by email, SMS or fax in a clear, understandable and highlighted manner.
3.3. In the event of a significant change in an essential property of a travel service or a deviation from special requirements of the traveler, which have become part of the package travel contract, the traveler is entitled to either accept the change within a reasonable period set by the tour operator at the same time as the notification of the change or free of charge from To withdraw from the package tour contract or to request participation in a replacement trip if the tour operator has offered such a trip.
The traveler has the choice of responding to the tour operator's message or not. If the traveler reacts to the tour operator, he can either agree to the change in the contract, request participation in a replacement trip (if one was offered to him) or withdraw from the contract free of charge. If the traveler does not react to the tour operator or does not react within the set deadline, the notified change is deemed accepted. The traveler is thereupon in the declaration in accordance with section 3.2. in a clear, understandable and highlighted manner.
3.4. Any warranty claims remain unaffected if the changed services are deficient. If the tour operator had lower costs for carrying out the changed trip or replacement trip with the same quality, the traveler must be reimbursed the difference in accordance with Section 651m (2) BGB.
4. Price changes after the conclusion of the contract
4.1. The tour operator can make price increases of up to 8% of the travel price if the increase in the travel price results directly from an increase after the conclusion of the contract
• Increase in the price for the transport of people due to higher costs for fuel or other energy sources,
• Increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges or
• Change in the exchange rates applicable to the package in question.
The resulting changes to the agreed and changed travel price (difference) are calculated according to the number of travelers, converted to the person and the travel price is increased proportionately. If the tour operator does not inform the traveler in a clear and understandable way by email, fax, SMS, in paper form etc. about the price increase, the reasons and the calculation no later than 20 days before the start of the trip, the price increase is not effective.
4.2. If the amount specified in Section 4.1. reserved price increase of 8% of the travel price, the tour operator cannot unilaterally, but only under the strict conditions of § 651g BGB. He can offer the traveler a corresponding price increase and demand that the traveler accepts it within the reasonable period set by the tour operator or withdraws from the travel contract in accordance with the provisions in § 651g BGB.
4.3. The traveler can request a reduction in the travel price if and to the extent that the conditions set out in Section 4.1. have changed the prices, taxes or exchange rates mentioned after the conclusion of the contract and before the start of the trip and this leads to lower costs for the tour operator. If the traveler has paid more than the amount owed according to this, the excess amount must be reimbursed by the tour operator. The tour operator may deduct the administrative expenses actually incurred from the additional amount to be reimbursed. Upon request, he has to prove to the traveler the amount of administrative expenses incurred.
5. Cancellation by the traveler before the start of the journey / cancellation costs / replacement traveler / change requests by the traveler
5.1. The traveler can withdraw from the package travel contract at any time before the start of the journey. The resignation must be declared to the tour operator. If the trip was booked through a travel agent, the withdrawal can also be declared to this agent. The traveler is advised to declare their withdrawal on a permanent data carrier.
5.2. If the traveler withdraws before the start of the trip, the tour operator loses the right to the travel price. Instead, the tour operator can demand appropriate compensation if he is not responsible for the withdrawal or if exceptional circumstances occur at the destination or in its immediate vicinity that significantly impair the implementation of the package tour or the transport of people to the destination. Circumstances are unavoidable and extraordinary if they are not under the control of the tour operator and their consequences could not have been avoided even if all reasonable precautions had been taken.
5.3. The amount of the compensation is determined by the travel price less the value of the expenses saved by the tour operator and less what he acquires through other use of the travel services. The amount of the compensation must be justified by the tour operator at the request of the traveler. The tour operator has determined the following flat-rate compensation, taking into account the period between the declaration of withdrawal and the start of the trip, as well as taking into account the expected savings in expenses for the tour operator and the expected acquisition through other use of the travel services. The compensation is calculated according to the time of receipt of the declaration of withdrawal with the following cancellation scale:
Air travel with charter or scheduled airline:
From the day of booking to the 30th day before the start of the journey: 40% of the travel price
From the 29th day up to and including the 22nd day before the start of the journey: 80% of the travel price
From the 21st day up to and including the 15th day before the start of the journey: 85% of the travel price
from the 14th day up to and including the 8th day before the start of the journey: 87% of the travel price
from the 7th day up to and including the 4th day before the start of the journey: 90% of the travel price
from the 4th day to the 1st day before the start of the journey: 90% of the travel price
on the day of departure: 95% of the travel price.
Travel to the Galapagos Islands:
From the day of booking to the 60th day before the start of the journey: 50% of the travel price
from the 59th day up to and including the 40th day before the start of the journey: 85% of the travel price
From the 39th day up to and including the 30th day before the start of the journey: 90% of the travel price
from the 29th day before the start of the journey: 95% of the travel price.
5.4. In any case, the traveler is allowed to prove that the reasonable compensation due to the tour operator is significantly lower than the flat rate compensation demanded by him.
5.5. The tour operator reserves the right to request individually calculated compensation instead of the above flat rate compensation. In this case, the tour operator is obliged to specifically quantify and justify the compensation claimed, taking into account the expenses saved and less what he acquires through other use of the travel services.
5.6. If the tour operator is obliged to reimburse the travel price as a result of withdrawal, he must pay immediately, but in any case within 14 days of receipt of the declaration of withdrawal.
5.7. The legal right of the traveler according to § 651e BGB to demand from the tour operator by means of notification on a permanent data carrier that a third party enters into the rights and obligations of the package travel contract instead of him remains unaffected by the above contractual provisions. Such a declaration is in any case timely if it is received by the tour operator no later than 7 days before the start of the trip.
5.8. After the conclusion of the contract, the traveler is not entitled to changes with regard to the travel date, the travel destination, the place of departure, the accommodation or the type of transport (rebooking). This does not apply if the rebooking is necessary because the tour operator has given the traveler no, inadequate or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; in this case the rebooking is free of charge. If, at the request of the traveler, a rebooking is nevertheless made, the tour operator can charge a rebooking fee, usually
- up to 90 days before the start of the journey: € 100.00 per traveler
- up to 45 days before the start of the journey: € 200.00 per traveler
- up to 32 days before the start of the journey: € 300.00 per traveler.
Such rebooking is only possible up to the 32nd day before departure. Requests for rebooking by the traveler from the 31st day before the start of the journey can, if they are carried out at all, only after withdrawal from the travel contract in accordance with Section 5.1. until 5.6. can be carried out under the conditions there and a new registration at the same time This does not apply to requests for rebooking that only cause minor costs. Processing, cancellation and rebooking fees are due immediately.
6. Termination for behavioral reasons
The tour operator can terminate the package travel contract without observing a notice period, if the traveler disturbs persistently despite a warning from the tour operator or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. This does not apply if the breach of contract is caused by a violation of the tour operator's information obligations. If the tour operator cancels, he retains the right to the travel price. However, he must offset the value of the saved expenses as well as those advantages that he gains from using the unused services for other purposes, including the amounts credited to him by the service providers.
7. Passengers' obligations to cooperate
7.1. Notification of defects / request for remedy
If the trip is not provided free of travel defects, the traveler can request remedial action. If the tour operator was unable to remedy the situation as a result of a culpable failure to report defects, the traveler can neither assert a reduction in price according to § 651m BGB nor claims for damages according to § 651n BGB.
The traveler is obliged to immediately notify the tour operator's representative on site of his notification of defects. If a representative of the tour operator is not available on site and is not contractually owed, the tour operator must be informed of any travel defects at the contact address provided by the tour operator. The travel confirmation will inform you about the availability of the tour operator's representative or his local contact point.
However, the traveler can also bring the notification of defects to the attention of the travel agent through whom he booked the package tour.
The representative of the tour operator is instructed to take remedial action, if this is possible. However, he is not authorized to recognize claims.
7.2. Setting a deadline before termination
If the traveler wishes to terminate the package tour contract due to a travel deficiency of the type described in § 651i Paragraph 2 BGB, if it is significant, in accordance with § 651l BGB, he must first set the tour operator a reasonable deadline for remedial action. This only does not apply if the remedy is refused by the tour operator or if immediate remedy is required.
7.3. Luggage damage and delay in air travel; Registration deadlines
• The traveler is advised that luggage damage and delays in connection with air travel must be reported in writing by the traveler to the responsible airline immediately in accordance with the air traffic regulations by means of a damage report ("P.I.R."). Airlines and tour operators can refuse reimbursements on the basis of international agreements if the damage report has not been completed. In the case of luggage damage, the damage report must be submitted within 7 days, in the case of luggage delay within 21 days of the luggage being handed over.
• In addition, the tour operator, his representative or his contact point or the travel agent must be notified immediately of the loss, damage or misdirection / delay of luggage. This does not release the traveler from reporting the damage to the airline ("P.I.R.") within the above deadlines.
7.4. Travel documents
The traveler must inform the tour operator or his travel agent through whom he has booked the package tour if he does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period notified by the tour operator.
8. Limitation of Liability
8.1. The tour operator's contractual liability for damage that is not bodily harm and was not culpably caused is limited to three times the travel price. Any further claims under international agreements or statutory provisions based on such remain unaffected by the restriction.
8.2. The tour operator is not liable for service disruptions, personal injury or property damage in connection with services that are only brokered as third-party services (e.g. excursions) if these services are expressly stated in the travel advertisement and the travel confirmation as third-party services, stating the identity and address of the contracted partner clearly marked that they are not recognizable to the traveler as part of the tour operator's package and that they were selected separately. The §§ 651b, 651c, 651w and 651y BGB remain unaffected. However, the tour operator is liable if and to the extent that damage to the traveler was caused by the tour operator's breach of information, clarification or organizational obligations.
8.3. The traveler has to assert claims according to § 651i Abs. 3 Nr. 2, 4 to 7 BGB against the tour operator. The assertion can also be made through the travel agent if the package tour was booked through this travel agent. An assertion on a permanent data carrier is recommended.
8.4. With regard to the law on consumer dispute settlement, the tour operator points out that he does not take part in voluntary consumer dispute settlement. If a consumer dispute settlement would become mandatory for the tour operator after these General Travel Conditions have been printed, the tour operator will inform the traveler of this in an appropriate form. The tour operator refers to the European online dispute resolution platform for all travel contracts concluded in electronic legal transactions: http://ec.europa.eu/consumers/odr/
9. Duty to provide information about the identity of the operating airline
The EU regulation on informing passengers about the identity of the operating airline obliges the tour operator to inform the customer about the identity of the operating airline of all air transport services to be provided in the context of the booked trip when booking. If the operating airline has not yet been determined at the time of booking, the tour operator is obliged to inform the traveler of the airline or airlines that are likely to operate the flight or flights. As soon as the tour operator knows which airline will operate the flight, he must inform the traveler. If the airline named to the traveler as the operating airline changes, the tour operator must inform the traveler about the change. He must immediately take all reasonable steps to ensure that the traveler is informed of the change as soon as possible. The list of airlines with an EU operating ban (joint list) is available on the following website: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm
10. Passport, visa and health regulations
10.1. The tour operator will inform the traveler about general passport and visa requirements as well as health formalities of the country of destination including the approximate deadlines for obtaining any necessary visas prior to the conclusion of the contract and any changes to them before the start of the trip.
10.2. The traveler is responsible for obtaining and carrying the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages that arise from not following these regulations, for example the payment of cancellation costs, are borne by the traveler. This does not apply if the tour operator did not inform, inadequately or incorrectly.
10.3. The tour operator is not liable for the timely issuance and access of necessary visas by the respective diplomatic representation if the traveler has commissioned him with the procurement, unless the tour operator has violated its own obligations.
11. Severability Clause
The ineffectiveness of individual provisions of the package travel contract does not result in the ineffectiveness of the entire package travel contract. The same applies to the above general travel conditions for package tours.
AS OF 01.03.2019
Frobeen Touristik GmbH
D-79219 Staufen im Breisgau
Tel .: 0049-7633-93993-60
Managing director: Christian Frobeen
HRB Freiburg i.Br. 702199
UST ID: DE 233913469
Insolvency insurance, security certificate according to § 651r BGB for:
R + V Allgemeine Versicherungs AG
Contract number: 050 90 146 115 616