Table of contents
1. Arrival/departure; role of VT for arranged services
2. Conclusion of travel contract, Traveller´s obligations, right of withdrawal
4. Changes to services (other than price increases)
5. Cancellation by the Traveller before the start of the tour, cancellation costs
6. Special Regulations for the provision of services
7. Vehicle utilisation by the Traveller and prerequisites for the provision of vehicles
8. Special obligations of the Traveller when driving and using the vehicles provided
9. Traveller's duty to report accidents, theft and damage to vehicles provided
10. Carrying out driving stages
13. Additional charges for services not included in the travel price
14. Liability of the Traveller
16. Cancellation for not reaching the minimum number of participants
17. Termination for reasons of conduct
18. Traveller´s obligation of deficiencies notification
20. Assertion of claims, Addressee
21. Passport, Visa, and Health Regulations
22 Special regulations in connection with pandemics (in particular the coronavirus)
23. Consumer Dispute Settlement; Choice of Law and Place of Jurisdiction
Dear guest,
the following Terms and Conditions, when effectively agreed, become part of the travel contract concluded between the customer or traveller, hereinafter referred as “Traveller”, and Vintage Tours GmbH, hereinafter referred to as “VT“. They supplement the statutory provisions of §§ 651a -y BGB (German Civil Code) and Articles 250 and 252 EGBGB (Introductory Act to the German Civil Code) and provide more specific detail on them. Please read these Terms and Conditions carefully before you make your booking!
Please also note in particular that our tours are generally organised with classic vehicles from Vintage Tours, which we provide to you as part of the travel services. For Travellers who wish to take part in the tours with their own classic vehicle, the expressly stated regulations for participation with your own vehicle apply. The English version of this text serves only for information and is not part of this legal transaction, please refer to clause 24.
1. Arrival/departure; role of VT for arranged services
1.1. In general, VT's travel services do not include air transport services to the travel destination. Insofar as the flight is not expressly stated in the travel description as part of the package tour offered and organised by VT, VT does not offer flight services as its own services.
1.2. Irrespective of VT's obligations as a provider of combined travel services (in particular handing over the legally required form and carrying out the Traveller's deposit in the event of collection activities by VT) and the legal consequences of non-fulfilment of these legal obligations, VT is neither a tour operator nor a contractual partner of the air transport contract concluded in the booking case if the conditions according to clause 1.2 are met. Accordingly, VT shall not be liable for the information provided by the brokered contractual partner on prices and services, for the provision of the service itself or for damages arising from these brokered services. Any liability of VT arising from the brokerage contract and from statutory provisions, in particular in accordance with mandatory provisions on telemedia and electronic commerce, shall remain unaffected by this.
1.3. The brokerage position obliges VT in particular to:
a) In the respective offer to broker a service, to refer to the brokerage of VT, stating the provider and contractual partner in the event of a booking
b) Show the price of the arranged service separately from the price of the package holiday
c) to provide the Traveller with a booking confirmation in accordance with the above information, in which the price of the arranged service is shown separately.
1.4. The above provisions shall not affect VT's liability arising from the brokerage contract.
2. Conclusion of the package holiday contract; the traveller’s obligations; notice on the non-existence of certain cancellation/withdrawal rights
2.1. The following applies to all types of bookings:
a) The offer of VT and the Traveller’s booking are based on the description of the package tour offer, the important travel information as well as the supplementary information contained in the basis of the booking, as far as it is available to the Traveller upon booking.
b) Travel agents and booking offices are not authorized by VT to make any agreements, provide any information or give any assurances that change the agreed content of the package travel contract, go beyond the travel brochure or the services contractually promised by VT or contradict it.
c) If the content of the booking confirmation deviates from the content of the booking, then it shall form a new offer of VT, which is binding for VT for 10 working days. The contract shall be concluded on the basis of the new offer when the Traveller accepts it by express declaration, advance payment or payment of the balance, or by making use of the travel services.
d) Any and all information provided by VT prior to conclusion of the travel package contract in relation to material specifics of the travel services, the travel package price and any additional costs, the conditions of payment, the minimum number of travel participants and standard cancellation fees - in accordance with Article 250 § 3 numbers 1, 3 to 5 and 7 EGBGB (Introductory Code to the German Civil Code) – shall not become subject to the travel package contract only if this has been explicitly agreed upon by and between VT and the Traveller.
e) The Traveller making the booking shall be liable for the contractual obligations of fellow Travellers for whom he/she makes the booking in the same way as for his/her own obligations, provided he/she has assumed a respective obligation by express and separate declaration.
2.2. The following applies to bookings made by word of mouth, in writing, by telephone, by e-mail, by fax:
a) With the booking, the Traveller bindingly offers the conclusion of the travel contract to VT. The Traveller shall be bound by the booking for 10 working days.
b) The contract shall be concluded upon receipt of the booking confirmation (confirmation of acceptance) of VT which does not require a certain form and therefore word of mouth and confirmations by telephone are also legally binding for the Traveller. After the Traveller´s word of mouth booking or booking by telephone VT supplies the Traveller with a written booking confirmation. Word of mouth bookings and bookings made by telephone with respective binding word of mouth confirmations and confirmations by telephone are still binding, even if the Traveller does not receive a written confirmation.
2.3. For online bookings (as for example via internet) the following terms shall apply upon conclusion of the contract:
a) The process of online bookings is explained to the Traveller on VT´s website.
b) As far as a possibility of direct booking is offered by VT, the Traveller has the possibility to correct entries, before making a billable and binding booking, which is explained to the Traveller in advance.
c) All languages which are possible for the transaction of the online booking are indicated. The German language is exclusively legally relevant.
d) As far as the wording of the contract is recorded in VT´s online booking system the Traveller will be informed about this and has the possibility to access the wording subsequently.
e) By clicking on the button "Book with obligation to pay", the traveller makes a binding offer to VT to conclude the package travel contract. The Traveller shall be bound by this contractual offer for 10 days from sending the electronic declaration.
f) The receipt of the booking is immediately confirmed electronically to the Traveller.
g) The transmission of the booking by pressing the button "book with obligation to pay" does not constitute a claim by the traveller to the conclusion of a package travel contract in accordance with their booking details. VT is rather free to decide whether or not to accept the traveller's contractual offer.
h) The contract is only concluded when the Traveller receives the booking confirmation from VT.
2.4. VT points to the fact that, in accordance with the statutory provisions (§ 312 section 7 BGB (German Civil Code), in the case of package deal contracts according to §§ 651a and 651c BGB that are concluded via distance selling (letters, catalogues, tele-phone calls, faxes, emails, SMS, radio, telemedia and online services), there is no right of revocation and only the statutory rights of withdrawal and termination (including the right of withdrawal under § 651h BGB) apply (see also clause 5). However, a right of withdrawal applies if the contract for travel services pursuant to § 651a BGB was concluded outside of the business premises, unless the oral negotiations on which the conclusion of the contract is based have been conducted at the prior request of the consumer; in the latter case, there is also no right of withdrawal.
3. Payment
3.1. VT and travel agents may only demand or accept payment of the travel price prior to the end of the package tour if a valid insurance contract exists and the Traveller has been given the insurance certificate with the name and contact details of the insurer in a clear, comprehensible and prominent manner. After conclusion of the contract, a deposit of 20 % of the total package price is due for payment against delivery of the security certificate. The balance is due 30 days prior to departure, provided that the security certificate has been handed over and the trip can no longer be cancelled for the reason stated in clause 16. For bookings made less than 30 days before the start of the trip, the entire tour price is due for payment immediately.
3.2. If the Traveller fails to make the down payment and/or the final payment in accordance with the agreed payment terms, even though VT is ready and able to duly provide the contractual services, has fulfilled its legal information obligations and the Traveller has no legal or contractual right of set-off or retention, and if the Traveller is responsible for the delay in payment, VT is entitled to withdraw from the package tour contract after issuing a reminder with a deadline and after the deadline has expired and to charge the Traveller with withdrawal costs in accordance with clause 5.
4. Changes to services (other than price increases)
4.1. Changes to essential travel services in deviation from the agreed content of the travel contract that become necessary after conclusion of the contract and have not been caused by VT in breach of good faith shall only be allowed when such changes are not substantial and do not impair the overall nature of the travel.
4.2. VT is obliged to inform the Traveller about essential changes to services immediately after receiving knowledge of the reason for the change.
4.3. In case of a substantial change in an essential travel service, the Traveller shall be entitled to rescind the travel contact free of charge or demand participation in another travel package of at least equivalent value when VT is in a position to offer such travel from its program without charging the Traveller a higher price. The Traveller must assert such rights against VT immediately after VT‘s declaration on the change to the travel service or the cancellation of travel.
4.4. Any and all warranty claims remain unaffected as far as the amended travel services are deficient in any way or have not been duly fulfilled. If, in relation to the amended travel package or in relation to an alternative travel package (provided such has been offered by VT at a quality of same value and at the same price) the costs expended by VT in this regard are lower, VT shall be under an obligation to refund to the Traveller the difference amount in accordance with § 651m BGB (German Civil Code).
5. Cancellation by the Traveller before the start of the tour, cancellation costs
5.1. The Traveller may withdraw from the package tour contract at any time before the start of the tour. The withdrawal must be declared to VT at the address given below; if the trip was booked through a travel agent, the withdrawal can also be declared to the agent. The Traveller is advised to declare the withdrawal in text form.
5.2. If the Traveller withdraws before the start of the tour or if the Traveller does not start the tour, VT loses the claim to the price of the travel package. Instead, VT may demand reasonable ompensation, insofar as VT is not responsible for the cancellation. VT cannot claim compensation if unavoidable and extraordinary circumstances occur at or in the immediate vicinity of the destination which significantly affect the performance of the package or the carriage of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.
5.3. VT has determined the following flat rates for compensation taking into account the period between the notice of cancellation and the start of the tour as well as taking into account the expected saving of expenses and the expected acquisition through other uses of the travel services. The compensation shall be calculated according to the date of receipt of the notice of cancellation as follows with the respective cancellation scale:
a) Travel Packages including a VT vehicle
- up to 120 days prior to departure: 20 %
- from 119 to 61 days before departure: 35%,
- from 60 to 31 days before departure: 50%,
- from 30 to 16 days before departure: 75%,
- from the 15th day prior to departure until the day of
departure: 95 % of the travel package price.
b) Travel Packages using Travellers’ own private vehicle
- up to 120 days prior to departure: 20 %
- from 119 to 61 days before departure: 40%,
- from 60 to 31 days before departure: 60%,
- from the 30st day prior to departure until the day of
departure: 95 % of the travel package price.
5.4. In any case, the Traveller is at liberty to prove to VT that VT has suffered no loss at all or that the loss is significantly less than the flatrate compensation demanded by VT.
5.5. The lump-sum compensation pursuant to section 5.3 shall be deemed not to have been agreed to the extent VT can demonstrate and substantiate a compensation claim that, after deduction of saved expenses and any proceeds from alternative utilisation of the travel services, significantly exceeds the lump-sum compensation set out in section 5.3.
5.6. If VT is obliged to refund the travel price as a result of a withdrawal, § 651h para. 5 BGB remains unaffected.
5.7. The statutory right of the Traveller to request VT to subrogate a third party to the rights and obligations arising from the package travel contract in accordance with § 651 e of the German Civil Code (BGB) by means of notification on a durable medium remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by VT 7 days prior to the start of the tour.
5.8. VT strongly recommends that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.
6. Special Regulations for the provision of services
6.1. Unless expressly agreed otherwise in individual cases, the agreed travel services shall take place in all weathers.
6.2. Weather conditions shall only entitle VT not to provide individual travel services if the weather conditions would endanger the body, health or property of the Traveller or the Traveller. This applies in particular with regard to the realisation of travel stages. In such cases, the Traveller shall not be entitled to cancel the travel contract unless there are contractual or statutory reasons for cancellation with regard to the travel contract as a whole, such as in the event of force majeure.
6.3. Express reference is made to the provisions of clause 10.4.
6.4. The Traveller is not entitled to a specific vehicle model or a specific equipment, drive or engine variant, but only to a vehicle of the category specified in the respective valid travel description.
7. Vehicle utilisation by the Traveller and prerequisites for the provision of vehicles
7.1. Only holders of a valid driving license and a minimum age of 25 years are permitted to participate in all event components with vehicle use. Travellers must also have held a valid class B driving license for at least five years. All EU driving licenses and equivalent driving permits are recognised. The Traveller is obliged to allow VT to inspect his driving license before the start of the tour.
7.2. The Traveller is obliged to allow VT or service providers commissioned by VT to inspect his driving license before the start of the event. Travellers who do not hold an EU driving license must check the validity of their driving license themselves in advance and, if necessary, provide evidence of this by means of a national driving license, an official translation (German or English) and a confirmation of the driving license.
7.3. It is the responsibility of the Traveller to check their driving ability and their physical and health condition before concluding the contract and before participating in the travel components with their own vehicle driving by the Traveller. Insofar as this is not expressly advertised as a contractual service, VT is not obliged to carry out a medical examination of the Traveller regarding his general fitness to drive.
7.4. VT reserves the right to exclude individual Travellers from driving the vehicle if they do not follow the instructions of the tour guide or otherwise endanger themselves or third parties. The tour guide appointed by VT shall decide on the suitability of a Traveller to drive the vehicle provided on the tour and may exclude unsuitable Travellers from driving the vehicle at any time based on his justified assessment.
7.5. Only the Traveller registered as the driver is authorised to use the vehicle, not any accompanying persons. The Traveller is advised that any disregard of these conditions could jeopardise the insurance cover for the vehicle. Reference is made to the provisions in clause 12.
7.6. The Traveller shall ensure that the vehicle is in proper condition when taking over the vehicle (countersigning the handover protocol). The Traveller must report any complaints about the vehicle immediately. The Traveller shall check the oil and water levels as well as the tyre pressure.
7.7. The Traveller shall receive the vehicle with a full fuel tank. He does not have to return the vehicle with a full fuel tank.
8. Special obligations of the Traveller when driving and using the vehicles provided
8.1. Participation in the detailed briefing on the vintage vehicles provided by VT is mandatory and a personal requirement of the respective traveller for authorisation to drive the vehicle provided. The traveller must ensure that he/she is on site in good time for the notified instruction date. In justified exceptional situations, an attempt will be made on site to organise an alternative repeat appointment, but this may only be possible in the morning in good time before the start of the first driving stage.
8.2. All drivers of vehicles provided are obliged to carry the required driving licence documents in accordance with clauses 7.1. and 7.2. as well as a valid identity card or passport at all times during the journeys.
8.3. The Traveller may not be under the influence of alcohol and/or other intoxicating substances while driving vehicles provided under the travel contract. The consumption of alcohol and/or other intoxicating substances is prohibited without sufficient time before and in particular during driving times. The 0.0 promille drink drive limit applies.
8.4. The use of mobile phones without hands-free equipment is also prohibited while driving the vehicles provided.
8.5. Travellers and other drivers are obliged to comply with all traffic regulations, in particular the speed limits, when driving on public roads. The Traveller alone shall be liable for any fines and penalties imposed. Reference is also made to clause 13.2.
8.6. When refuelling vehicles provided, the Traveller shall ensure that the correct fuel is used. In case of doubt, the VT tour guide must be consulted before refuelling. In the event of refuelling with the wrong fuel, the Traveller shall be liable for the repair costs and any damage. In all other respects, reference is made to clause 13.2.
8.7. If the vehicle displays a warning message, if the vehicle has a fault or breakdown or if a repair needs to be carried out, the Traveller must inform the VT tour guide immediately in order to coordinate further measures. The Traveller may not commission any troubleshooting or repair work himself.
8.8. The Traveller is obliged to treat the vehicle with care and attention and in accordance with the instructions and operating manual. The vehicle must be properly locked at all times when parked; in the case of a convertible, the soft top must be closed.
8.9. The use of the vehicle is only permitted within the framework of the advertised common daily stages. Individual special use outside the daily stages is only permitted with written authorisation from VT, which will be checked on request. There is no entitlement to authorisation. If the vehicle is used without the authorisation of VT, there shall also be no insurance cover. Express reference is made to the provisions in clause 12.3. The following shall apply to individual special use
a) The Traveller shall pay a deposit for any damage, the amount of which shall be a standard 500,- € per vehicle (excess), at the latest when authorisation for special use is granted. A credit card with a free credit limit of 500,- € and a validity of at least 3 months after the end of the travel services must be presented for the deposit.
b) Individual special use of the vehicle is only permitted within the scope of the maximum mileage in kilometres specified in the respective permit. Claims for reimbursement of additional costs resulting from the Traveller exceeding the mileage remain reserved. Reference is made to the provisions of clause 13.2. The special use of the vehicle provided is limited to the carriage of fellow travellers.
8.10. Smoking and pets are not permitted in the vehicle, otherwise VT may charge a cleaning fee in accordance with the fee schedule in clause 13.2. The cleaning fee shall also be due in the event of excessive soiling of the vehicle.
8.11. The transport of hazardous substances within the meaning of the Hazardous Goods Ordinance (GGVSEB) is prohibited, as is the conversion and removal as well as the modification of technical equipment on vehicles left behind.
9. Traveller's duty to report accidents, theft and damage to vehicles provided
9.1. After an accident, theft, fire, damage caused by game or other damage, the Traveller must inform the VT tour guide and the police immediately.
9.2. If the police cannot be reached by telephone, the damage must be reported to the nearest police station. This also applies if the vehicle was only slightly damaged and also in the case of accidents caused by the Traveller without the involvement of third parties.
9.3. For this purpose, the pre-printed accident report form provided to the Traveller must be completed carefully and truthfully in all respects.
9.4. The Traveller shall take all measures that are useful and conducive to the clarification of the damage event. The Traveller must answer VT's questions fully and truthfully, and the Traveller must not leave the scene of the accident before the necessary findings have been made.
9.5. The Traveller may not take any actions or make any statements by which it acknowledges fault for an accident or damage. If the Traveller has any questions in this regard, they can contact the tour guide.
10. Carrying out driving stages
10.1. The driving stages of the journey correspond to the respective description. They shall be carried out under the Traveller's own responsibility, even if an escort vehicle of VT is travelling with the Traveller or is being driven in a convoy as part of a stage.
10.2. The Traveller shall be responsible for travelling on public roads. The journey stages therefore require a high degree of personal responsibility on the part of the Traveller. In this context, particular reference is made to the ‘Important notes on driving on public roads in Portugal and Spain’.
10.3. The tour guide reserves the right to change the planned tours according to the knowledge of the Travellers, according to their driving conditions or due to unforeseen circumstances within the scope of VT‘s duty of care and road safety.
10.4. The tour guide reserves the right to change the planned tours according to the knowledge of the travellers, according to their technical driving requirements or due to unforeseen circumstances within the scope of VT's duty of care and road safety obligations.
10.5. The aforementioned unforeseen circumstances within the framework of the driving stages include in particular but are not limited to: extreme weather conditions or return due to a medical emergency of a Traveller.
10.6. The achievement of maximum speeds is at no time the aim of the trip. No part of the trip has the character of a motorsport competition.
11. Vehicle return
11.1. The provision of the vehicle ends at the end of the agreed period of use. If the Traveller continues to use the vehicle after the agreed period of use has expired, the user relationship shall not be deemed to have been extended. § 545 BGB shall not apply.
11.2. The Traveller shall duly return the vehicle with all accessories to the agreed location at the agreed time at the latest.
11.3. If the Traveller does not return the vehicle to VT on time at the end of the agreed period of use, VT may demand compensation for use in accordance with clause 13.2 for the duration of the withholding. Further claims for damages remain reserved.
11.4. If the period of use is exceeded, insurance cover shall no longer apply. Express reference is made to the provisions in clause 12.3.
11.5. In the event of loss of the key, VT shall charge the Traveller a flat rate in accordance with the fee schedule in clause 13.2.
11.6. If the vehicle is not returned on time as agreed, VT expressly reserves the right to file a criminal complaint and to have the vehicle seized by the police.
11.7. VT assumes no liability for items left behind in the vehicle upon return; this shall not apply in cases of intent or gross negligence.
11.8. VT shall ensure that the vehicle is in proper condition when it is returned. Any complaints in comparison to the recorded vehicle condition at the time of takeover by the Traveller shall be recorded by VT in a condition report. Reference is furthermore made to clause 14.
12. Vehicle insurance
12.1. Unless expressly stated otherwise by VT in the booking confirmation, the vehicles provided shall be insured with Comprehensive Insurance with a self-insured deductible of 500,- € per vehicle. The fully comprehensive insurance includes the reduction of the Traveller‘s liability for damage to the vehicle and for the loss of the vehicle to the aforementioned excess. The insurance conditions of the fully comprehensive insurance, which can be requested from VT at any time, even before the contract is concluded, contain the customary exclusions of liability and obligations for the respective driver of the vehicle; failure to comply with these obligations may result in the loss of insurance cover. Please also refer in particular to clause 12.4.
12.2. However, the reduction of liability to the excess under the fully comprehensive insurance does not apply if the damage was caused intentionally by the driver of the vehicle. If the damage was caused by gross negligence, VT may reduce the liability reduction in proportion to the severity of the fault.
12.3. The contractual reduction of liability shall only apply to authorised use by the Traveller. It also does not apply if the vehicle is driven by a third party who is not registered as the driver, if the vehicle is used individually without authorisation or if the vehicle is not used in the contractually agreed areas.
12.4. Furthermore, there is no entitlement to a reduction in liability if an obligation to be fulfilled by the driver has been deliberately breached. In the event of a grossly negligent breach of obligation, VT may reduce the liability reduction in proportion to the severity of the fault. Insofar as the breach of the obligation is neither the cause for the occurrence of the liability case nor for the determination or the scope of the liability reduction, VT shall remain obliged to reduce the liability; however, this shall not apply if the obligation was fraudulently breached.
13. Additional charges for services not included in the travel price
13.1. If it is necessary to return the vehicle to the handover point due to the Traveller‘s fault, VT shall charge the Traveller a return fee in the amount of 500,- € plus additional necessary costs (e.g. towing costs, travelling to the vehicle location, fuel costs).
13.2. The processing fees listed in each case will be charged or costs reimbursed for the following circumstances:
– Compensation for fines, penalties, fees and other costs pursuant to clause 8.5, plus an administrative fee of €100 per case
- Special cleaning: 250,- €
- Loss of key: 150,- €
- Processing of motor vehicle insurance claims per claim: 200,- €
- Costs for the repair of uninsured damage culpably caused by the Traveller (e.g. refueling with the wrong fuel, damage to the interior) plus a processing fee of 150,- € per claim
- Additional costs for the late return of the hire vehicle plus a processing fee of 100,- €
- Costs for the use of the vehicle beyond the maximum mileage in kilometres specified in the respective valid travel description plus a processing fee of 100,- €.
13.3. VT shall be at liberty to prove a higher expense/damage in each case. The Traveller shall also be at liberty to prove a lower expense/damage.
14. Liability of the Traveller
14.1. The Traveller shall be liable for wilful or grossly negligent damage to the vehicle. VT reserves the right to file criminal charges in accordance with the relevant criminal offences in the event of intentional damage.
14.2. The Traveller shall be liable without limitation for any offences committed by him and other drivers against statutory provisions, in particular traffic and regulatory provisions. This also applies to offences committed during or at the end of the period of use, e.g. parking the vehicle in chargeable parking spaces without payment.
14.3. The Traveller shall indemnify VT against all fines and warnings, fees and other costs imposed by authorities or other bodies on VT or the Vehicle Operator as a result of violations of statutory provisions by the Traveller or other drivers. This shall not apply if such fines, warnings, fees and other costs can be proven to have been incurred as a result of the use of the vehicle by an unauthorized third party in the context of theft, unauthorized use of the vehicle or a comparable criminal offence.
14.4. As compensation for the administrative expenses incurred by VT for the processing of enquiries addressed to VT by prosecuting authorities or other third parties for the investigation of administrative offences, criminal offences or other offences committed during the period of use, VT shall charge a lump sum for each enquiry in accordance with the fee schedule in clause 13.2.
15. Unused services
If the Traveller does not make use of individual travel services duly offered to him/her for any reasons that he/she is responsible for (e.g. due to early return or for other compelling reasons), he/she shall not be entitled to a pro-rata refund of the travel price. VT will make an effort to obtain reimbursement for saved expenses from the service provider. This obligation shall not apply when the services are absolutely insignificant or when a refund is in conflict with legal or official regulations.
16. Cancellation for not reaching the minimum number of participants
16.1. VT can cancel the travel subject to the following provisions when the minimum number of participants is not reached:
a) The minimum number of participants as well as the latest possible time of cancellation by VT must be specified in the respective travel brochure or, in case of uniform regulations for all travels or certain types of travels, in a general note in the catalogue or in a general service description.
b) VT must indicate the minimum number of participants and the latest possible date of cancellation in the booking confirmation or include a reference to the respective specifications in the catalogue.
c) VT is obliged to immediately notify the Traveller of the cancellation of travel as soon as it is certain that the travel will not take place because the minimum number of participants has not been reached.
d) A cancellation by VT later than 30 days before the start of travel is inadmissible.
16.2. If the tour is not carried out for this reason, VT is obliged to refund the travel price; clause 5.6 applies accordingly.
17. Termination for reasons of conduct
17.1. If VT cancels the contract, VT shall retain the claim to the travel price; however, VT must credit the value of the saved expenses and the benefits that VT obtains from any other use of the unused service, including the amounts credited by the service providers.
17.2. If VT cancels the contract, VT shall retain the right to the travel price; however, VT must allow the value of the saved expenses and the benefits that VT obtains from any other use of the unused service, including the amounts credited by the service providers, to be offset.
18. Traveller´s obligation of deficiencies notification
18.1 Travel documents
The Traveller must inform VT or his travel agent through whom the Traveller booked the package tour if the Traveller does not receive the necessary travel documents (e.g. air ticket, hotel voucher) within the period of time notified by VT.
18.2 Notification of defects / request for remedy
a) If the tour is not free of travel defects, the Traveller may demand a remedy.
b) If VT is unable to provide a remedy as a result of a culpable failure to notify a defect, the Traveller may neither assert claims for a reduction in price in accordance with § 651m BGB (German Civil Code) nor claims for damages in accordance with § 651n BGB (German Civil Code).
c) The Traveller is obliged to immediately inform VT‘s representative on site of the defect. If a VT representative is not available on site and is not contractually owed, any travel defects must be brought to the attention of VT at the VT contact point provided; the availability of the VT representative or his local contact point will be stated in the travel confirmation. However, the Traveller may also bring the notice of defects to the attention of his travel agent through whom he booked the package tour.
d) VT‘s representative is commissioned to provide a remedy, insofar as this is possible. However, he is not authorised to acknowledge any claims.
18.3 Deadline prior to cancellation
If the Traveller wishes to terminate the package tour contract due to a travel defect of the type described in § 651i (2) of the German Civil Code (BGB), insofar as it is significant, in accordance with § 651l of the German Civil Code (BGB), the Traveller must first set VT a reasonable deadline for remedial action. This does not apply only if the remedy is refused by VT or if the immediate remedy is necessary.
19. Limitation of liability
19.1. VT‘s contractual liability for damages that do not result from injury to life, limb or health and are not culpably caused is limited to three times the tour price.
19.2. VT is not liable for disruptions to services, personal injury or damage to property in connection with services which are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions) if these services are expressly and clearly identified as third-party services in the travel brochure and the travel confirmation, stating the identity and address of the arranged contractual partner, in such a way that the Traveller can recognise that they are not part of the VT package tour and have been selected separately. §§ 651b, 651c, 651w and 651y of the German Civil Code (BGB) remain unaffected by this.
19.3 VT is liable, however, if and to the extent that the damage suffered by the Traveller was caused by a breach of VT‘s duties to inform, educate or organise.
20. Assertion of claims, Addressee
The Traveller must assert claims against VT in accordance with § 651i (3) no. 2, 4-7 BGB. Claims may also be asserted via the travel agent if the package tour was booked via this travel agent. The contractual claims listed in § 651 i (3) BGB are subject to a limitation period of two years. The limitation period begins on the day on which the trip should end according to the contract. It is recommended that claims be asserted in text form.
21. Passport, Visa, and Health Regulations
21.1. VT shall inform nationals of a country of the European Communities in which the travel is offered about the provisions of passport, visa and health regulations before concluding the contract and shall inform them about changes in such regulations, if any, before the start of travel. Nationals from other countries can obtain information from their respective consulate. In this case, it is assumed that the Traveller and any possible traveling companions do not involve any particularities (e.g. dual citizenship, statelessness).
21.2. The Traveller is responsible for obtaining and carrying the officially required travel documents, for receiving vaccinations that may be required, and for complying with customs and foreign exchange regulations. Any disadvantages that may result from a failure to observe such regulations, e.g. the payment of cancellation costs, shall be at the Traveller’s expense. This shall not apply if VT failed to inform or provided insufficient of wrong information.
21.3. If VT was entrusted with the visa application, VT shall not be responsible for ensuring that the visas required are issued and sent by the respective consular authorities in good time, unless VT has negligently failed in its own duties.
22. Special provisions relating to pandemics (particularly coronavirus)
22.1. The parties agree that the service provider will always perform the agreed travel services in compliance and in accordance with the official requirements and stipulations applicable at the time of travel.
22.2. The Traveller declares that he/she agrees to comply with reasonable usage rules or restrictions of the service provider when taking advantage of travel services and to promptly notify the tour leader and the service provider in the event that he/she suffers typical symptoms of illness.
22.3. The above provisions do not affect the rights of the Customer under § 651i BGB.
23. Consumer Dispute Settlement; Choice of Law and Place of Jurisdiction
23.1. With reference to the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz – VSBG), VT hereby informs consumers that it does not participate in voluntary consumer dispute resolution proceedings. Should participation in consumer dispute resolution proceedings become mandatory for VT in the future, VT will inform the consumers concerned thereof in an appropriate manner.
23.2. For Travellers who are not nationals of a member state of the European Union or Swiss nationals, it is agreed that the entire legal and contractual relationship between the Traveller and VT shall be exclusively governed by German law. Such customers/travellers can sue VT exclusively at the place where VT has its seat.
23.3. In the case of claims brought by VT against travellers or contracting parties to the package holiday contract who are traders, legal entities under public or private law, or persons whose place of residence or habitual abode is abroad, or whose place of residence or habitual abode is unknown at the time the action is brought, the place of jurisdiction shall be the registered office of VT.
24. English Text serves for information only
The English version of this text serves only for information and is not part of this legal transaction. Therefore, in the event of any inconsistency between the German and the English version, only the German version shall apply.
© Protected by copyright:
TourLaw Noll | Hütten | Dukic
Rechtsanwälte,
Munich | Stuttgart, 2026
As at August 2026