1. Conclusion of the travel contract
1.1. Your booking request constitutes a binding offer from you to HHT to conclude a travel contract on the basis of the travel offer.
1.2. The booking request may be made in writing, orally, by telephone, by fax or electronically. The person making the booking does so on behalf of all other members of the party. The person making the booking is liable for the contractual obligations of these persons to the same extent as he or she is liable for his/her own contractual obligations, provided that he or she has accepted a separate obligation to this effect by means of a separate, explicit declaration.
1.3. The travel contract is formed when you receive HHT’s declaration of acceptance. HHT shall notify you of its acceptance, which does not have to take any specific form, upon or immediately after conclusion of the contract by sending the written booking confirmation/invoice. Travel agencies act solely as agents.
1.4. If the content of the booking confirmation differs from the content of the booking request, this shall constitute a new offer from HHT, by which HHT will be bound for a period of ten days. The contract shall be formed on the basis of this new offer if you indicate your acceptance to HHT within this ten-day period, which you can also do by effecting payment. The same applies if, upon receipt of an enquiry in writing or by telephone from you, HHT makes you a written offer to conclude a travel contract.
1.5. Data made available to HHT shall be protected in accordance with the German Data Protection Act (BDSG).

2. Payment
2.1. Payments against the price of the holiday prior to the end of the holiday may only be demanded and accepted against provision of a Sicherungsschein (risk coverage certificate) as defined in section 651k of the German Civil Code (BGB). The Sicherungsschein will be sent or handed over to you with the booking confirmation/invoice.
2.2. A deposit of 20 per cent of the price of the holiday is payable upon formation of the contract, this sum will be deducted from the price of the holiday. The deposit is indicated on the booking confirmation/invoice and must be paid immediately after you have received the booking confirmation/invoice. If you took out insurance through HHT in conjunction with your booking, the insurance premium must be paid immediately after you have received the booking confirmation/invoice.
2.3. The balance is also indicated on the booking confirmation/invoice and is payable 21 days prior to the start of the holiday.
2.4. The travel documents will be sent or handed over to you after HHT has received your payments as set out in the booking confirmation/invoice.
2.5. If the agreed balance or price of the holiday has not been paid in full even after a reminder notice has been issued or by the departure date, although the Sicherungsschein has been supplied and HHT is willing and able to perform the contractual services, HHT shall be entitled to terminate the travel contract and claim damages corresponding to the cancellation charges, provided that there is not a defect with the holiday at that time that would justify cancellation.

3. Services
3.1. The scope of the contractual services is bindingly defined in the description of services in the travel offer that became the basis of the contract and in the information in the booking confirmation/invoice that makes reference to this. Collateral agreements amending the scope of the contractual services require confirmation.
3.2. All dates and events in the Hamburg Reisen brochure that are not part of your holiday booking were based on information supplied by the promoter and were correct at the time the brochure was printed. They may be subject to changes and postponements over the course of time, and you should therefore check them with the promoter if necessary. HHT assumes no liability in this regard.
3.3. Travel agencies and/or service providers may only accept special requests if they are described as non-binding. HHT shall endeavour to fulfil your request for special services that are not listed in the brochure if this is possible. Travel agencies and/or service providers are not entitled to make alternative promises or reach alternative agreements without confirmation from HHT.
3.4. Leaflets for the local area, hotel brochures, etc. not published by HHT are not binding upon HHT and do not constitute part of its contractual duty unless they have been made part of the subject matter of the travel offer or part of HHT’s duty through express agreement with you.
3.5. The reduced rates for children are set out in the booking information and in the price tables in the travel offer. The child’s age on the departure date determines whether the children’s rate applies. For example, the age range four to eleven years old means the period from the fourth birthday to the day before the twelfth birthday. HHT or a person commissioned by HHT shall be entitled to verify the age of the child in the booking using his/her identity documents. If the child’s age does not match what was specified in the booking, HHT shall be entitled to also charge for the difference between the child’s rate and the correct price of the holiday, plus an administration fee of 20,00 € per child. Reductions are granted on the price of the holiday for full-paying members of the party.
3.6. If you do not utilise individual travel services because you return home prematurely or for other compelling reasons, HHT shall endeavour to seek a refund of the expenses saved from the service providers. This obligation shall not apply if the services are very minor or if there are statutory or official regulations preventing the refund of such monies.

4. Changes to services
4.1. If, after the contract has been concluded, circumstances arise which necessitate changes, HHT is permitted to make changes to essential travel services in variance from the agreed content of the travel contract provided that the changes are minor, are not made contrary to good faith and do not adversely affect the standard of the holiday as a whole.
4.2. This shall not prejudice any claims under warranty if the altered services prove defective.
4.3. HHT is obliged to notify you of any major changes in services as soon as it learns of the reason for the changes.
4.4. In the event of a significant change to an essential travel service, you are entitled to cancel the travel contract at no cost or demand a different holiday of at least equal value provided that HHT is able to offer such a holiday from its range without additional cost to you. You must assert these rights as soon as HHT has notified you of the change to the service or the cancellation of the holiday.
4.5. Upon publication of new brochures, all earlier publications of HHT containing the same products and dates cease to be valid.

5. Cancellation by the customer
5.1. You may cancel the holiday at any time prior to departure. Your cancellation should quote your booking reference. The relevant date is the date on which the notice of cancellation is received by HHT. We advise that you give written notice of cancellation.
5.2. If you cancel the travel contract or do not take up your holiday, HHT shall no longer be entitled to the agreed price of the holiday. Provided it is not responsible for the cancellation or in the event of force majeure, HHT may instead demand appropriate compensation for the arrangements made before cancellation and expenses that it incurred based on the price of the cancelled holiday. The cancellation fee must be paid immediately after you have received the cancellation invoice.
5.3. HHT may claim compensation at a flat rate based on the following percentages of the price of the holiday and in accordance with clauses 5.5 and 5.6 below:
22 or more days before arrival 10%
between 21 and 15 days before arrival 20%
between 14 and 7 days before arrival 40%
between 6 days and 1 day before arrival 60%
on the day of arrival 80%
The price of the holiday is the total amount indicated on the booking confirmation/invoice minus any premium for insurance taken out with the holiday booking. The insurance premium must be paid in full, even if the contract is cancelled.
5.4. If a hotel has been booked at the group rate shown in the brochure, HHT may, notwithstanding clause 5.3., claim compensation at a flat rate based on the following percentages of the price of the holiday and in accordance with clauses 5.5. and 5.6. below:
35 or more days before arrival 10%
between 34 and 28 days before arrival 20%
between 27 and 20 days before arrival 30%
between 19 and 15 days before arrival 40%
between 14 and 8 days before arrival 60%
7 days or less before arrival 80%
The price of the holiday is the total amount indicated on the booking confirmation/invoice minus any premium for insurance taken out with the holiday booking. The insurance premium must be paid in full, even if the contract is cancelled.
5.5. The flat-rate cancellation fee for travel by train that was booked at the fare shown in the brochure is 100 per cent of the ticket price if you do not return the tickets to HHT or if you return them but they have been validated. If you have not received the tickets or you return them to HHT and they have not been validated, the flat-rate cancellation fee is 10 per cent of the ticket price. In this case, the percentages set out in clauses 5.3. and 5.4. determine the flat-rate cancellation fee applicable to the rest of the price of the holiday (i.e. the price of the holiday minus the ticket price and minus the price of any admission tickets/plane tickets booked (clause 5.6.)).
5.6. The flat-rate cancellation fee for reservations for musicals, the opera, the theatre, bus trips, boat charters and all other events as well as for plane tickets that were booked at the ticket price shown in the brochure is 100 per cent of the ticket or flight price, irrespective of when the contract is cancelled. In this case, the percentages set out in clauses 5.3. and 5.4. determine the flat-rate cancellation fee applicable to the rest of the price of the holiday (i.e. the price of the holiday minus the ticket price and minus the price of any train tickets booked (clause 5.5.)).
5.7. In any case you are entitled to furnish evidence to prove that HHT did not incur any loss as a result of your cancellation or that the actual loss it incurred was significantly less than the flat-rate fee demanded from you. If this is the case, you are obliged to pay the lower costs (or nothing if no loss was incurred).
5.8. The aforementioned flat-rate fees notwithstanding, HHT reserves the right to demand greater compensation for specific loss incurred. In this case, HHT 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.

6. Changes to the booking, change of person
6.1. Changes made in respect of the travel date, accommodation, events, number of participants, place where the holiday commences or mode of transport are deemed to be changes to the booking.
6.2. The booking can be changed – subject to availability – up to 22 days before arrival in return for a flat-rate fee of 20,00 € per person. The fee for changing the booking for admission tickets/plane tickets that have been ordered is 20,00 € plus the full price of the admission ticket/plane ticket. However, if HHT can sell the admission tickets/plane tickets to a third party, you will receive the amount for which the tickets were sold minus an administration fee of 10 per cent.
6.3. After this time, the changes set forth in clause 6.1. are only possible by cancelling the travel contract in accordance with the conditions in clause 5 and at the same time making a new booking – subject to availability; this will incur a cancellation fee pursuant to clause 5. This does not apply to change requests which only entail negligible costs.
6.4. Prior to the time of departure, you may demand that another person assume the rights and obligations arising from the travel contract in your stead. HHT may refuse to accept the substitution if the third party does not satisfy the special travel requirements or if his participation would conflict with statutory provisions or official regulations. HHT may impose a flat-rate administrative fee of €20.00 per contract transfer.
6.5. If a third party takes over the contract, he and you shall be jointly and severally liable vis-à-vis HHT for the price of the holiday and for any additional costs arising as a result of the third party’s taking over the contract.
6.6. In any case you are entitled to furnish evidence to prove that HHT did not incur any loss as a result of the change to the booking/contract transfer or that the actual loss it incurred was significantly less than the flat-rate fee demanded from you. If this is the case, you are obliged to pay the lower costs (or nothing if no loss was incurred).

7. Termination and rescission by HHT
HHT may terminate the travel contract after the commencement of travel without notice if you continuously disrupt the holiday despite being warned by HHT to desist or if you act in breach of contract to such an extent that the immediate cancellation of the contract is justified. If HHT terminates the contract, it retains its claim to the price of the holiday; however, it must deduct the value of the expenses saved and benefits gained from the alternative use of the service not utilised, including any sums credited to it by the service provider.

8. Warranty
8.1. Remedy If the holiday is not provided in accordance with the terms of the contract, you are entitled to demand a remedy from HHT by contacting HHT using the contact data set out in clause 9.2. HHT may refuse a remedy if this involves disproportionate expense. HHT may also satisfy its obligation to provide a remedy by providing an alternative service of the same value.
8.2. Reduction of the price of the holiday You may demand a reduction of the price of the holiday for any period during which the holiday is not provided in accordance with the terms of the contract. The price of the holiday is to be reduced by the same proportion as the value of the non-defective holiday would have been to the actual value at the time the holiday was purchased. You are obliged to notify HHT of your concerns or complaints without delay using the contact data set out in clause 9.2. If you are at fault in failing to report a problem, you shall not be entitled to demand a reduction in the price of the holiday.
8.3. Termination of the contract If a holiday is materially impaired as a result of a defect and if HHT fails to provide a remedy within a reasonable period, you may terminate the travel contract within the scope of the statutory provisions. It is recommended that such termination be expressed in writing, both in your own interest and for the purposes of providing evidence. The same applies if, as a result of such defect, you cannot be expected to continue with the holiday owing to a compelling reason which is clear to HHT. You are not required to specify an additional period for the remedy if the remedy is impossible or is refused by HHT or if a particular interest of yours justifies immediate termination of the contract. You shall owe HHT the portion of the price of the holiday which relates to those services utilised, provided these were of interest to you.
8.4. Compensation Notwithstanding the price reduction or termination, you may demand compensation for non-performance unless the defect with the holiday is based on a circumstance for which HHT is not accountable.

9. Duty to cooperate / reporting of defects
9.1. In the event of disruptions to services, you are obliged to fully cooperate within the scope of the statutory provisions in order to help eliminate the disruption and minimise any loss that might occur.
9.2. You are, in particular, obliged to notify HHT of your concerns or complaints without delay by calling +49 (0)40 300 51 300 (Mon-Sat, 09:00 a.m. to 07:00 p.m.) or by visiting the tourist information office at Hamburg’s main train station (opening hours as displayed).
9.3. You are obliged to notify HHT if you do not receive the necessary travel documents (e.g. hotel vouchers, tickets) by the date indicated by HHT.

10. Limitation of HHT’s liability
10.1. The contractual liability of HHT for loss other than personal injury is limited to three times the price of the holiday so far as the loss has not been caused by intentional or grossly negligent acts or omissions of HHT. The limitation of liability to three times the price of the holiday also applies so far as HHT is responsible for a loss incurred by the visitor other than personal injury due solely to fault on the part of a service provider.
10.2. HHT’s liability under tort for damage to property which is not the result of intent or gross negligence is limited to three times the price of the holiday. This liability limit shall apply per customer and per holiday.

11. Exclusion of claims and period of limitation
11.1. Any claims by you against HHT based on failure to provide the holiday in accordance with the terms of the contract must be lodged within one month of the end of the holiday as envisaged in the contract. After the end of this period, you may only assert claims based on failure to provide the holiday in accordance with the terms of the contract if you have been prevented from complying with the period through no fault of your own.
11.2. Contractual claims by you for defects with the holiday in accordance with sections 651c to 651f BGB become statute-barred as a result of the statutory authorisation (section 651m sentence 2 BGB) within one year of the end of the holiday as envisaged in the contract. This period does not apply i.) to claims under tort (such claims are subject to the statutory limitation period), ii.) to your claims in accordance with sections 651c to 651f BGB arising from death, physical injury or damage to health that are caused by an intentional or negligent breach of duty by HHT, a legal representative of HHT or a person employed in the performance of certain obligations by HHT (such claims become statute-barred within two years) and iii.) to claims for compensation for other loss in accordance with sections 651c to 651f BGB that are caused by an intentional or grossly negligent breach of duty by HHT, a legal representative of HHT or a person employed in the performance of certain obligations by HHT (such claims become statute-barred within two years). If you and HHT engage in negotiations concerning the claim or the circumstances giving rise to the claim, the period of limitation is suspended until you or the tour operator refuses to continue the negotiations. The claim shall not become statute-barred until at least three months after the end of the period of suspension.
11.3. Any travel agency involved acts solely as an agent in the formation of the travel contract. It is not authorised to accept the filing of warranty claims and/or compensation claims from you after the end of the holiday.

12. Choice of law and jurisdiction
12.1. The contractual relationship between HHT and you shall be governed exclusively by German law. This also applies to the entire legal relationship. If non-German law is applied to claims by you against HHT outside Germany establishing that HHT is liable, German law shall apply exclusively to the legal consequences, in particular with regard to the type, scope, and amount of claims from you.
12.2. You may only file action against HHT at its registered office. HHT may only file action against you at your domicile. The court with jurisdiction over the registered office of HHT is agreed for actions against 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. The above provisions do not apply if and to the extent that provisions of international agreements, which apply to the travel contract between you and HHT and which cannot be waived by contract, stipulate an arrangement more favourable to you or if and to the extent that mandatory provisions, which are applicable to the travel contract in the member state of the EU of which you are a national, and which cannot be waived by contract, are more favourable to you than the provisions herein or the applicable German legislation.

Tour operator: Hamburg Tourismus GmbH
Steinstraße 7
Germany, 20095 Hamburg
Hamburg commercial register: HRB 24469
Last revised: 18 September 2011