Allgemeine Geschäftsbedingungen Dear Guest, 1. Conclusion of the Travel Contract Prices and Terms of Payment

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1 62 Allgemeine Geschäftsbedingungen General Terms and Conditions Allgemeine Geschäftsbedingungen für Reiseverträge General Terms and Conditions for Travel Contracts Dear Guest, the following travel terms and conditions are valid for package tour offers (all travel services according to 651 a para. 1 of the BGB German Civil Code). They will become the content of the travel contract in the case of a booking between you hereinafter referred to as Guest and us as the travel operators hereinafter referred to as Braunschweig Stadtmarketing GmbH in accordance with the stipulations for bookings in 651 a - m BGB. Please read these terms and conditions carefully. 1. Conclusion of the Travel Contract 1.1. The Guest can make a booking request by contacting Braunschweig Stadtmarketing GmbH either personally or in writing by fax, or the internet. This booking request is not yet binding for the Guest and does not constitute a binding offer of contract by the Guest Braunschweig Stadtmarketing GmbH sends the Guest a concrete offer as requested, generally either in written form by fax or (or by phone for enquiries dealt with at short notice). This offer includes services, prices as well as dates, and offers the Guest a travel contract based on the description of the services as a binding offer The travel contract comes into being as soon as the Guest s declaration of acceptance is received by Braunschweig Stadtmarketing GmbH in written form either by mail, fax or (last-minute offers also by phone). The travel contract is legally binding on receipt of this declaration of acceptance by Braunschweig Stadtmarketing GmbH immediately sends the Guest a confirmation of having received their declaration of acceptance along with prices and services. This also includes, in as far as Braunschweig Stadtmarketing GmbH is subject to securing the customer s payment, an organiser s bond ( Sicherungsschein ) required by law. Confirmation of this kind is not necessary if the declaration of acceptance arrives at Braunschweig Stadtmarketing GmbH less than 7 weekdays before the Guest is due to start the journey A legally binding contract is not concluded if the contents of the declaration of acceptance deviate from the booking offer made by This constitutes a new offer from the Guest, which is binding for the Guest for a period of 10 days. A contract will come into being on the basis of this new offer only if Braunschweig Stadtmarketing GmbH accepts this altered contract within the deadline in written form with a booking confirmation expressly confirming the alterations made. Booking confirmation by Braunschweig Stadtmarketing GmbH can also be orally or by phone if the Guest s deviating declaration of acceptance arrives at Braunschweig Stadtmarketing GmbH less than 7 weekdays before the start of the journey The person registering is also liable for all obligations of accompanying guests arising from the contract, insofar as he/she has expressly stated to take over this obligation in a special written declaration. 2. Prices and Terms of Payment 2.1. The guest is obliged to pay for the services booked at the prices agreed to After the contract has been concluded and a confirmation and an organiser s bond have been issued, a down payment of 20% of the total price is due. An organiser s bond pursuant to 651 k BGB will not be issued if a) the journey does not last longer than 24 hours, does not include an overnight stay and the price of the booking does not exceed 75, b) travel services do not include transportation to and from the travel destination and if, in accordance with the payment terms agreed with the Guest, payment of the full tour price is due only after the end of the tour Deposits count towards the final price. Outstanding payments are due two weeks before the start of the journey, once it is certain that the journey will take place, especially once it is no longer possible to cancel on the basis of reasons listed in point Prices include the respective VAT to be charged. Should the period of time between the conclusion of the contract and the fulfilment of the contract exceed four months, and should

2 the price for transportation increase after conclusion of the contract, the agreed price can be increased based on the following calculation: a) if the increase is relevant to seats, Braunschweig Stadtmarketing GmbH can demand the increase from the Guest. b) In other cases, the additional transportation costs per means of transportation claimed by the transportation company are divided through the number of seats of the agreed means of transportation. Braunschweig Stadtmarketing GmbH can demand the increased price for individual seats resulting from this from the Guest. An increase is only permitted if the reasons resulting in the increase for Braunschweig Stadtmarketing GmbH did not occur before the conclusion of the contract and if the reasons were not foreseeable for it. Braunschweig Stadtmarketing GmbH immediately informs the Guest of alterations to the tour price. A change in price is, however, only possible up to 21 days before the start of the journey. Price increases of more than 5% of the journey price entitle the Guest to retract from the travel contract without having to pay a fee, or to demand a tour of at least the same category from the Braunschweig Stadtmarketing GmbH programme, provided it can offer such a tour. The Guest should make use of the abovementioned rights immediately following the announcement of a price increase by 2.5. If the tour price has not been paid in full by the time the tour is due to begin, and once a reminder has been sent and the deadline for the payment of the remaining amount has passed, the contract will be terminated. In this case, the Guest will have to pay compensation like in the case of his/her withdrawal from the contract, unless the tour arrangements leading up to this point in time have shown considerable shortcomings. 3. Services 3.1. Braunschweig Stadtmarketing GmbH s obligation to fulfil services depends exclusively on what is specified in the booking confirmation as well as references included therein to service descriptions in the brochure/the offer made by Braunschweig Stadtmarketing GmbH as well as references included therein to service descriptions in the brochure/what is specified in the host register as well as the legally binding agreed terms made in writing or as an oral contract with the Guest Service operators (accommodation and catering services, sports facilities, ski lift operators, boat, bus and other travel companies) are not authorised by Braunschweig Stadtmarketing GmbH to offer assurances or make agreements that exceed or are contrary to Braunschweig Stadtmarketing GmbH s tour description, or tour offer, or booking confirmation or to change the confirmed tour contract Brochures of locations, hotels or internal brochures not published by Braunschweig Stadtmarketing GmbH are not binding for Braunschweig Stadtmarketing GmbH unless an agreement with the Guest has been made expressly making it part of the services specified in the contract by 4. Alterations to Services 4.1. Alterations and deviations to individual tour services from the agreed travel contract, which become necessary after the contract has been concluded, are only allowed as long as these are not substantial and do not lead to a basic alteration to the tour services provided and do not impair the general nature of the booked tour Braunschweig Stadtmarketing GmbH is obliged to inform the Guest immediately about alterations and deviations to services In the case of considerable alterations to essential tour services, the Guest is entitled to retract from the travel contract without having to pay a fee or in turn to demand a tour of at least the same category from the Braunschweig Stadtmarketing GmbH programme, provided it can offer such a tour. The Guest should make use of the abovementioned rights immediately following the announcement of an alteration or deviation to services by 5. Cancellation by the Guest, Rebooking 5.1. The Guest can cancel his/her booking in writing any time before commencement of the tour. It is essential that Braunschweig Stadtmarketing GmbH receives a declaration of cancellation.

3 5.2. Braunschweig Stadtmarketing GmbH is entitled to reimbursement for tour preparation and expenditure if the Guest withdraws from the contract or does not take part in the tour. When calculating this reimbursement, the usually saved time and effort and other usually possible applications of the travel service are to be taken into consideration Braunschweig Stadtmarketing GmbH can also generalise reimbursement claims on the basis of the following table as to when the cancellation was made, i.e. how close it was to the agreed commencement date in the contract and in relation to the tour price on a percentage basis. Package tours with accommodation in hotels, B&B, guest houses up to 30 days prior to start of tour 20 per cent from days prior to start of tour 25 per cent from days prior to start of tour 35 per cent from 14-8 days prior to start of tour 50 per cent from 7-1 days prior to start of tour 65 per cent On the day of departure or failure to take part 80 per cent Allgemeine Geschäftsbedingungen General Terms and Conditions 63 Package tours with accommodation in holiday apartments or private accommodation up to 45 days prior to start of tour 20 per cent from days prior to start of tour 50 per cent from 34-1 days prior to start of tour 80 per cent on the day of departure or failure to take part 90 per cent Other package tours up to 30 days prior to start of tour 20 per cent from days prior to start of tour 35 per cent from days prior to start of tour 50 per cent from 14-1 days prior to start of tour 75 per cent on the day of departure or failure to take part 95 per cent 5.4. The Guest reserves the right to prove that Braunschweig Stadtmarketing GmbH has incurred no or lower costs than the claimed lump sum. In this case the Guest is only obliged to pay the lower costs Instead of a lump sum as reimbursement, Braunschweig Stadtmarketing GmbH can claim damages for actual expenditure as set in the legal terms and conditions. It is in this case obliged to provide the Guest with a detailed list of receipts for expenditure If, after conclusion of the contract, the Guest specifically wishes alterations concerning the dates of travel, the accommodation or changes to catering or extra services already booked (e.g. use of spa facilities, renting bicycles, ski pass, concert and/or theatre tickets) and these fall within the time schedule of the tour (rebooking), Braunschweig Stadtmarketing GmbH is entitled to a rebooking charge of for each alteration (up to 31 days prior to commencement of the tour for package tours with accommodation in hotels, B&B and guest houses, and up to 45 days prior to commencement of the tour for package tours with holiday apartments or private accommodation). The Guest reserves the right to prove that no or only a minor administrative effort is incurred. Should the Guest request changes after the booking deadline, these can only be implemented (should this still be possible) by withdrawing from the contract according to the conditions and terms set out in point 5.3. and then concluding a new contract. This does not apply to rebooking requests where only minor costs are incurred (up to 25.00). 6. Services not used after Start of Tour Braunschweig Stadtmarketing GmbH will make every effort to attain a refund from the relevant service providers if the Guest does not use all the services he/she is entitled to as a result of leaving prematurely or due to other compelling reasons. This obligation does not

4 apply if insignificant sums are involved or if legal or official regulations make a refund impossible. 7. Cancellation and Termination by Braunschweig Stadtmarketing GmbH 7.1. Braunschweig Stadtmarketing GmbH can cancel the travel contract without notice after the commencement of the journey if, regardless of an official warning from Braunschweig Stadtmarketing GmbH or from its agents, the Guest continues to disrupt the tour or if the Guest s behaviour breaches the agreed contract in such a manner that an immediate cancellation is justified. If Braunschweig Stadtmarketing GmbH cancels, it retains the right to the price of the tour but it must deduct the values of the services not used and those advantages from making further use of the services not used including reimbursed sums from service providers Braunschweig Stadtmarketing GmbH can cancel a travel contract for an important reason, especially if the stated minimum number of participants required in the tour offer is not met. The Guest must be informed of the cancellation without delay as soon as the cancellation is definite. Braunschweig Stadtmarketing GmbH is not allowed to cancel a trip later than 2 weeks prior to the start of the tour In the event of a cancellation on the basis of No. 7.2., the paid tour price will be refunded to the Guest immediately, unless the Guest makes use of the right to an alternative trip of at least the same category from the Braunschweig Stadtmarketing GmbH programme. The Guest must assert this right immediately following a declaration of cancellation by 8. Limited Liability for Warranty, Obligation to Report, Termination by Guest 8.1. If the tour is not carried out in accordance with the contract, the Guest can demand that action be taken. Braunschweig Stadtmarketing GmbH can reject taking action if the expenditure is disproportionately high. Braunschweig Stadtmarketing GmbH can also take action by providing an equivalent alternative service The Guest can demand a lowering of (reduction of) the price for the length of time during which the tour did not fulfil the terms of the contract. The tour price is to be reduced in relation to the value of the actual booked tour without any shortcomings at the time of booking to its real value The Guest is obliged to report to Braunschweig Stadtmarketing GmbH or to the relevant offices named to the Guest without delay. Should the Guest intentionally refrain from reporting inadequate service, he/she forfeits the right to claim a price reduction If a tour is considerably affected by inadequate services and Braunschweig Stadtmarketing GmbH does not take action to rectify the situation within an appropriate period of time, the Guest can, within the set legal conditions of the travel contract, cancel the contract in writing (in his/her own interests and for purposes of evidence). This also applies if the Guest cannot be expected to continue the tour because of a serious shortcoming for important reasons obvious to A deadline for taking action only becomes unnecessary if taking action is impossible or Braunschweig Stadtmarketing GmbH refuses to take action or if the special interests of the Guest justify the immediate cancellation of the contract. The Guest owes Braunschweig Stadtmarketing GmbH the amount of the tour price for the services used in as far as these services were of interest to the Guest Claims due to inadequate services fall under point Limited Liability for Damages 9.1. Braunschweig Stadtmarketing GmbH s liability from breaching the contract is limited to a total of three times the price of the tour if a) damages to the Guest are not a result of wilful or gross negligence by Braunschweig Stadtmarketing GmbH or b) Braunschweig Stadtmarketing GmbH is solely responsible for damages to the Guest through the fault of a service provider. This does not apply to physical injuries of the Guest For all damage claims due to illegal action which is not a result of wilful or gross negligence, Braunschweig Stadtmarketing GmbH is liable for each Guest and tour

5 respectively: for damages up to 4, or up to the three-fold price of the tour if this exceeds 4, Further possible claims based on international agreements are not affected by this. 10. Exemption from Claims The Guest must submit any claims for a breach of carrying out the agreed terms of contract to Braunschweig Stadtmarketing GmbH within a month of the contractually agreed end of the tour. After the deadline, claims can still be made if the Guest can prove that he/she was unable to file the claim within the deadline through no fault of his/her own. The cut-off period does not apply to claims on the grounds of tortious acts. 11. Statute of Limitations Liability for claims arising from death, bodily injury or damage to health caused by a negligent breach of contract by Braunschweig Stadtmarketing GmbH or by an intentional and negligent breach of duty by a vicarious agent or legal representative of Braunschweig Stadtmarketing GmbH are statute-barred after two years All other claims arising from the travel contract are statute-barred after one year The limitations of claims (according to point and 11.2.) commence on the day on which the tour should have ended according to the contractual agreement. 12. Applicable Law and Place of Jurisdiction German law applies exclusively for all legal matters and contracts between Braunschweig Stadtmarketing GmbH and Guests who do not have their general residence or place of business in Germany The Guest can only file a lawsuit against Braunschweig Stadtmarketing GmbH at its court of jurisdiction For lawsuits filed by Braunschweig Stadtmarketing GmbH against the Guest, the Guest s place of residence is relevant, unless proceedings are against professional business persons, legal bodies of public or private law or persons whose residence or usual domicile is abroad or whose residence or usual domicile is unknown at the time of the lawsuit. In such cases the court of jurisdiction is Braunschweig. Braunschweig, 13 th September 2012 For the General Terms and Conditions for Travel Contracts in English please check: braunschweig.de/termsandconditions

Application

1. Application 1. These terms and conditions of sale shall apply exclusively vis á vis enterprises, governmental entities and special governmental estates within the meaning of sec. 310 para. 1 BGB (German