Travel conditions

Dear Customers,

The following provisions, if effectively agreed, will become the content of the travel contract that comes into effect between you and Winterhalter Reisen, hereinafter referred to as the organizer (VA), in the event of a booking. They supplement the statutory provisions of §§ 651a - m BGB (Civil Code) and the information regulations for tour operators in accordance with §§ 4 - 11 BGB-InfoV (regulation on information and proof obligations under civil law) and fill them out. Please read these travel conditions carefully before booking.


1. Conclusion of the travel contract, obligation of the customer

1.1. The following applies to all booking channels:

a) The basis of the offer from the VA and the customer's booking are the description of the package deal and the additional information in the booking basis, insofar as this is available to the customer at the time of booking.

b) If the content of the travel confirmation differs from the content of the booking, a new offer is available from the VA. The contract is concluded on the basis of this new offer when the customer declares acceptance by expressly declaring, deposit or final payment or by using the travel services.

1.2. The customer is liable for all contractual obligations of fellow travelers for whom he makes the booking, as well as for his own, insofar as he has assumed a corresponding obligation by express and separate declaration.

1.3. The following apply to bookings made verbally, by telephone, in writing, by email or by fax:

a) With the booking, the customer offers the VA the binding conclusion of the travel contract. The customer is bound to the booking for 7 days.

b) The contract is concluded when the customer receives the booking confirmation from VA. It requires no specific form. Upon or immediately after the conclusion of the contract, VA will send the customer a written travel confirmation. VA is not obliged to do this if the customer makes the booking less than 7 working days before the start of the journey.

1.4. For bookings in electronic business transactions, the following applies to the conclusion of the contract:

a) The online booking process is explained to the customer on the relevant website.

b) The customer has a corresponding correction option available for correcting his entries, deleting or resetting the entire online booking form, the use of which is explained. The contract languages offered for online booking are indicated.

c) By confirming the button (the button) "book with obligation to pay", the customer offers VA a binding conclusion of the travel contract. The customer is bound to this contract offer for 5 days from the sending of the electronic declaration.

d) Receipt of the booking is immediately confirmed electronically to the customer.

e) Submitting the booking by clicking on the "Book with obligation to pay" button does not entitle the customer to the conclusion of a travel contract in accordance with his booking details. Rather, VA is free to decide whether or not to accept the customer's contract offer.

f) The contract is concluded when the customer receives the travel confirmation from VA.

g) If the travel confirmation is made immediately after the booking has been made by pressing the button "book with obligation to pay" and the corresponding direct display of the booking confirmation on the screen, the travel contract is concluded upon receipt and display of this travel confirmation without any interim notification of the receipt of the booking according to f). In this case, the customer is offered the option to save and print out the travel confirmation. However, the binding nature of the travel contract does not depend on the customer actually using these options for saving or printing Send a copy of the travel confirmation by email, email attachment, post or fax.

1.5. The VA points out that according to the statutory provisions (§§312 Paragraph (2) Item 4, 312g Paragraph 2 Clause 1 Item 9 BGB) for contracts for travel services according to Section 651a BGB (package travel contracts), which are in distance selling (Letters, catalogs, telephone calls, faxes, e-mails, messages sent via mobile phone service (SMS) as well as radio and telemedia) have been concluded, there is no right of withdrawal, but only the statutory right of withdrawal and termination, in particular the right of withdrawal according to § 651i BGB (see also point 4). A right of revocation exists, however, if the contract for travel services according to § 651a has been concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were based on a previous order by the consumer; in the latter case, there is also no right of objection. The above notice also applies to the extent that accommodation services (e.g. hotel rooms) or flight services are concluded with VA for which VA is not an agent, but a direct contractual partner of the customer / traveler.


2. Payment

2.1. After the contract has been concluded and the security certificate has been issued in accordance with Section 651k of the German Civil Code (BGB), a deposit of 20% of the travel price is due for payment. The remaining payment is due 2 weeks before the start of the trip, provided that the security certificate has been handed over and the trip can no longer be canceled for the reason stated in Section 6.

2.2. If the journey does not last longer than 24 hours, does not include an overnight stay and if the travel price does not exceed € 75 per customer, the deposit and the balance are due upon conclusion of the contract without the issue of a security certificate.

2.3. If the customer does not make the down payment and / or the remaining payment in accordance with the agreed payment due dates, although VA is ready and able to properly provide the contractual services and the customer has no legal or contractual right of retention, VA is entitled, after a reminder with a deadline of To withdraw from the travel contract and to charge the customer with withdrawal costs in accordance with Section 4.


3. Price increase

3.1. VA reserves the right to change the price agreed in the travel contract in the event of an increase in transport costs or charges for certain services such as port or airport charges or a change in the exchange rates applicable to the trip in question in accordance with the following provisions:

3.2. An increase in the travel price is only permitted if there are more than 4 months between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase did not occur before the conclusion of the contract and were not foreseeable for VA when the contract was concluded.

3.3. If the transport costs existing when the travel contract was concluded, in particular the fuel costs, increase, VA can increase the travel price in accordance with the following calculation:

a) In the case of an increase related to the seat, VA can demand the increase amount from the customer.

b) Otherwise, the additional transport costs required by the transport company for each means of transport will be divided by the number of seats on the agreed means of transport. VA can demand the resulting increase for the single seat from the customer.

3.4. If the taxes existing at the time the travel contract is concluded, such as port or airport fees, are increased compared to VA, the travel price can be increased by the corresponding proportionate amount.

3.5. If the exchange rate changes after the travel contract has been concluded, the travel price can be increased to the extent that the travel has become more expensive for VA as a result.

3.6. In the event of a subsequent change in the travel price, VA must inform the customer immediately after becoming aware of the reason for the change. Price increases are only permitted to be received by the customer up to the 21st day before the start of the journey. In the event of price increases of more than 5%, the customer is entitled to withdraw from the travel contract without charges or to request participation in a trip of at least the same value, if VA is able to offer such a trip from its offer at no additional cost to the customer. The customer must assert the aforementioned rights against VA immediately after VA is informed of the price increase.


4. Cancellation by the customer before the start of the journey / cancellation costs

4.1. The customer can withdraw from the trip at any time before the start of the trip. The withdrawal must be declared to VA at the address given below. If the trip was booked through a travel agency, the withdrawal can also be declared to this. The customer is recommended to declare the cancellation in writing.

4.2. If the customer withdraws before the start of the trip or if he does not start the trip, VA loses the right to the travel price. Instead, if VA is not responsible for the withdrawal or a case of force majeure, VA can demand appropriate compensation for the travel arrangements made up to the withdrawal and its expenses depending on the respective travel price.

4.3. VA has staggered this claim for compensation in terms of time, i.e. taking into account the proximity of the time of withdrawal to the contractually agreed start of the trip in a percentage ratio to the travel price, and when calculating the compensation, it takes into account usually saved expenses and usually possible other uses of the travel services. The compensation will be calculated as follows after the customer's declaration of withdrawal is received:

Cancellation costs in percent

Access before

Start of journey                A.     B.     C.     D.     E.     F.

up to 45th day                 0     5     10   15th     0     5

44th to 31st day              5   15th   20th   25th     5     15th

30th to 15th day              15th   30th   35   40   30th     30th

14th to 7th day               30th   40   55   60   40   40

6th to 2nd day                40   50   60   7 0   50     60

1st day and no-show       5 0  60   70   80   60   80

4.4. In any case, the customer is at liberty to prove to VA that the latter incurred no damage at all or a significantly lower damage than the flat rate demanded by it.

4.5. VA reserves the right to demand higher, specific compensation instead of the above flat rates, provided that VA can prove that VA incurred significantly higher expenses than the applicable flat rate. In this case, VA is obliged to quantify and substantiate the required compensation, taking into account any expenses saved and any other use of the travel services.

4.6. The customer's statutory right to provide a substitute participant in accordance with the provisions of Section 651 b of the German Civil Code (BGB) remains unaffected by the above provisions.

4.7. The customer is strongly advised to take out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness.


5. Rebooking

5.1. After the conclusion of the contract, the customer is not entitled to changes with regard to the travel date, the travel destination, the place of departure, the accommodation, the mode of transport or the place of boarding or disembarking for bus trips (rebooking). If a rebooking is possible and is nevertheless carried out at the customer's request, VA can charge a rebooking fee of € 30 per traveler affected by the rebooking up to the time of the first cancellation stage specified in the cancellation costs.

5.2. Requests for rebooking by the customer that are made later can only be carried out, if their implementation is possible at all, only after withdrawing from the travel contract in accordance with Clauses 4.2 to 4.5 under the conditions specified there and at the same time re-registering. This does not apply to requests for rebooking that only cause minor costs.


6. Withdrawal by Winterhalter due to failure to reach the minimum number of participants 

6.1. If the minimum number of participants is not reached, VA can withdraw in accordance with the following regulations:

a) The minimum number of participants and the latest time of withdrawal by VA must be specified in the specific travel advertisement or, in the case of uniform regulations for all trips or certain types of trips, in a general catalog reference or a general description of services.

b) VA must clearly state the minimum number of participants and the latest withdrawal period in the booking confirmation or refer to the relevant information in the brochure.

c) VA is obliged to inform the traveler of the cancellation of the trip immediately if it is certain that the trip will not be carried out because the minimum number of participants has not been reached.

d) A withdrawal by VA later than 15 days before the start of the trip is not permitted.

6.2. In the event of a cancellation, the customer can request participation in another trip of at least the same value if VA is able to offer such a trip from its offer at no additional cost to the customer. The customer has to assert this right to VA immediately after the declaration of the cancellation of the trip by VA.

6.3. If the trip is not carried out for this reason, the customer will immediately receive back payments made on the trip price.


7. Termination for behavioral reasons

7.1. VA can terminate the travel contract without notice if the customer disturbs persistently despite a warning from VA or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified.

7.2. If VA cancels, it retains the right to the travel price; However, it must offset the value of the saved expenses as well as those advantages that it gains from using the unused service for other purposes, including the amounts credited to it by the service providers.


8. Obligations of the customer / traveler

8.1. The obligation to notify defects arising from Section 651 d (2) of the German Civil Code (BGB) is specified as follows when traveling with VA:

a) The traveler is obliged to report any defects immediately to the local VA representative (tour guide, agency) and to request remedial action.

b) The traveler will be informed about the person, the availability and the communication data of the VA representative at the latest when the travel documents are sent.

c) If, according to the contractual agreements, a local representative or tour guide is not owed, the traveler is obliged to notify VA immediately of any defects at the address given below. 

d) The traveller's claims do not lapse if the traveller's complaint is not made through no fault of her own.

8.2. Tour guides, agencies and employees of service providers are not authorized and not authorized by VA to confirm deficiencies or to recognize claims against VA.

8.3. If the trip is significantly impaired as a result of a lack of travel, the customer / traveler can terminate the contract. The same applies if the trip cannot be expected from him due to such a defect for an important, recognizable reason. The termination is only permissible if VA or, if available and contractually agreed as a contact person, their agents (tour guide, agency), have allowed a reasonable period set by the customer / traveler to pass without providing remedial action. It is not necessary to set a deadline if the remedy is impossible or is refused by VA or its agents or if the immediate termination of the contract is justified by a special interest of the traveler.

8.4. In the event of loss, damage or delay of luggage, damage or delivery delays when traveling by air must be reported by the traveler immediately on the spot by means of a damage report to the responsible airline. Airlines can refuse reimbursements if the damage report has not been completed. In the event of loss of luggage, the notification of damage must be submitted within 7 days, in the event of delay within 21 days of delivery. Incidentally, the loss, damage or misdirection of luggage must be reported to the office specified by VA (see paragraph 8.1b) and c)) above.


9. Limitation of Liability

9.1. VA's contractual liability for damage that does not result from injury to life, limb or health is limited to three times the travel price,

a) insofar as damage to the customer is not caused intentionally or through gross negligence, or

b) as far as VA is responsible for any damage suffered by the traveler solely due to the fault of a service provider.
Any further claims under the Montreal Convention or the Air Transport Act remain unaffected by this limitation of liability.

9.2. The VA is not liable for service disruptions, personal injury and property damage in connection with services that are only brokered as third-party services (e.g. excursions, sporting events, theater visits, exhibitions, transport services to and from the advertised starting and destination locations) if these services are listed in the travel advertisement and in the travel confirmation are explicitly marked as external services, stating the contracting partner, in such a way that they are not recognizable to the customer / traveler as part of VA's travel services. However, the VA is liable for services which include the transport of the customer / traveler from the advertised starting point of the journey to the advertised destination, intermediate transport during the journey and accommodation during the journey, and / or if and to the extent that damage to the customer is caused by violation of notice -, clarification or organizational obligations of VA has become the cause. Any liability on the part of VA due to the breach of agent duties remains unaffected by the above provisions.


10. Assertion of claims, addressee, deadlines, information on consumer dispute resolution

10.1. The customer / traveler has to assert claims according to §§651c to f BGB within one month after the contractually stipulated date of the end of the trip. The period begins on the day following the day of the contractual end of the trip. If the last day of the period falls on a Sunday, a public holiday recognized by the state at the place of declaration, or a Saturday, the next working day will take the place of such a day.

10.2. The assertion can only be made within the deadline against VA at the address given below. After the deadline, the customer can only assert claims if he was prevented from observing the deadline through no fault of his own.

10.3. The deadline from 10.1 also applies to the notification of baggage damage or delays in delivery of baggage in connection with flights in accordance with Section 8.4, if warranty rights from Sections 651 c Paragraph 3, 651 d, 651 e Paragraph 3 and 4 BGB are asserted. A claim for damages due to luggage damage must be made within 7 days, a claim for damages due to baggage delay within 21 days of delivery.

10.4. With regard to the law on consumer dispute settlement, VA would like to point out that this law had not yet been passed and entered into force when these travel conditions were printed. VA does not take part in a voluntary consumer dispute settlement. If consumer dispute resolution becomes mandatory for VA after these travel conditions have been printed, VA will inform consumers of this in an appropriate form.

VA refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all travel contracts that were concluded in electronic legal transactions in accordance with Section 1.4 from February 15, 2016.


11. Statute of Limitations

11.1. Claims of the customer / traveler according to §§ 651c to f BGB from injury to life, limb or health, which are based on an intentional or negligent breach of duty by VA or a legal representative or vicarious agent of VA, expire in two years. This also applies to claims for compensation for other damages based on an intentional or grossly negligent breach of duty by VA or a legal representative or vicarious agent of VA.

11.2. All other claims according to §§ 651c to f BGB expire after one year.

11.3. The statute of limitations according to clauses 11.1 and 11.2 begins on the day following the day of the contractual end of the trip. If the last day of the period falls on a Sunday, a public holiday recognized by the state at the place of declaration, or a Saturday, the next working day will take the place of such a day.

11.4. If negotiations are pending between the customer / traveler and VA about the claim or the circumstances giving rise to the claim, the statute of limitations is suspended until the customer / traveler or VA refuses to continue the negotiations. The statute of limitations occurs at the earliest three months after the end of the suspension.


12. Duty to provide information on the identity of the operating airline

12.1. VA informs the customer in accordance with the EU regulation for informing passengers about the identity of the operating airline before or at the latest when booking about the identity of the operating airline (s) with regard to all air transport services to be provided in the context of the booked trip.

12.2. If the operating airline (s) has not yet been determined when booking, VA is obliged to inform the customer of the airline that is likely to operate the flight. As soon as VA knows which airline is operating the flight, VA will inform the customer.

12.3. If the airline named to the customer as the operating airline changes, VA will inform the customer of the change immediately and as quickly as possible with reasonable means.

12.4. The “black list” (airlines that are prohibited from using the airspace above the member states), drawn up in accordance with the EC regulation, is available on the VA website or directly at http://ec.europa.eu/transport/modes /air/safety/air-ban/index_de.htm and  can be viewed at VA's business premises.


13. Passport, visa and health regulations

13.1. VA will inform citizens of a country of the European Communities in which the trip is offered about passport, visa and health regulations prior to the conclusion of the contract as well as any changes to them before the start of the trip. The responsible consulate can provide information for citizens of other countries. It is assumed that there are no special features in the person of the customer and possible fellow travelers (e.g. dual citizenship, statelessness).

13.2. The customer is responsible for procuring 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, e.g. B. the payment of cancellation costs, are at his expense. This does not apply if VA did not inform, inadequately or incorrectly.

13.3. VA is not liable for the timely issuance and access of necessary visas by the respective diplomatic representation if the customer has commissioned him with the procurement, unless VA has culpably violated its own obligations.


14. Choice of law and place of jurisdiction

14.1. For customers / travelers who are not citizens of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the customer / traveler and VA. Such customers can only sue Winterhalter at their headquarters.

14.2.  For lawsuits brought by Winterhalter against customers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who have their domicile or habitual abode abroad or whose domicile or habitual abode is unknown at the time the lawsuit is filed, will Anselm Winterhalter's registered office has been agreed as the place of jurisdiction.

© These travel conditions are protected by copyright; Federal Association of German Omnibus Entrepreneurs V. and Noll & Hütten Rechtsanwälte, Stuttgart / Munich, 2010-2016.


Tour operator is:
Anselm Winterhalter bus tourism, freight forwarding, travel agency
Owner & Managing Director: Martin Rombach
Commercial register 2931
Im Brühl 25 
79254 Oberried, Germany
Tel .: 07661 90 19 200
Email: bustouristik@winterhalter-reisen.de     

You will find the form to inform the traveler about a package tour according to § 651a of the German Civil Code  here

Version of this version: January 2016