Terms and conditions

Dear English speaking guests, the following translation of the terms and conditions is simply provided as a service to ensure you have better understanding. In legal terms, only the German version is decisive.

• Travel conditions
• Guest hosting and agency conditions
• Intermediation and contract terms for leisure tourism
• Terms and conditions applying to offers in the online shop of Eifel Tourismus GmbH
• Information on withdrawal regarding the purchase of Goods
• Form sheet containing information for package tour travellers in accordance with §651 of the German Civil Code

Travel conditions 

The following terms and conditions of travel apply to package deals, which Eifel Tourismus GmbH offers.

TRAVEL TERMS FOR PACKAGE DEAL OFFERS OF EIFEL TOURISMUS GMBH

Dear guest,

we request you to read the following travel terms for package deals carefully. These travel terms, to the extent that they are included with legal effect, become an integral part of the travel contract which you (referred to in the following as “Traveller” or “Customer”) conclude with Eifel Tourismus GmbH, referred to in the following as “ET”, as the travel operator. These travel terms apply exclusively for package deals offered by ET. They do not apply to the intermediation of third-party services (e.g. guest tours and entry tickets) or to contracts for accommodation services or their intermediation. They supplement the statutory provisions of sections 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.

1. The conclusion of the contract

1.1 By placing the booking (travel registration) - which may be done verbally, on the telephone, in writing, by fax or by e-mail - the

Customer makes a binding offer to ET to conclude a travel contract. The bases for this offer are the description of the trip, these

terms and conditions of travel and all additional information in the basis for booking (catalogue, list of hosts, internet), if the

Customer has these.

1.2 The travel contract is concluded upon the receipt of the travel confirmation (declaration of acceptance) by the travel operator.

Upon (or immediately after) the conclusion of the contract, the travel operator will provide the Customer with a travel confirmation

on a durable medium (which enables the Customer to keep or store the declaration unchanged in such a way that it is accessible to

him within a reasonable period of time, e.g. on paper or by email) that complies with the legal requirements regarding its content,

unless the Traveller is entitled to a travel confirmation in paper form pursuant to Article 250 section 6 para. 1 sentence 2 EGBGB

because the conclusion of the contract took place in the simultaneous physical presence of both parties or outside business

premises.

1.3 If ET provides the option of making a binding booking by means of concluding a contract electronically over an internet

platform, the following applies to the conclusion of this contract:

The online booking process will be explained to the Customer by means of appropriate information. The sole available contract

language is German.

Using a correction option (which is explained during the order process), the Customer can correct individual errors, or delete

information, or reset the entire online order form at any time.

After the Customer has selected the travel services he wants and entered his personal details, all of this data, including all the

key information about prices, services, any additional services booked and any travel insurance taken out, will be displayed.

The Customer has the option of aborting the entire booking or starting it again.

By clicking on the “book for a fee” button, the Customer submits a binding offer for the conclusion of a travel contract.

Clicking on this button results in the conclusion of a travel contract with a binding obligation to pay the fee - provided that a

booking confirmation from ET is received. Placing a booking online and clicking on the “book for a fee” button does not

establish any claim of the Customer to the conclusion of a travel contract. ET may decide in its own discretion whether to

accept or decline the offer to conclude a contract (booking) made by the Customer.

If the booking confirmation is not sent in real time, ET will confirm receipt of the booking to the Customer electronically

without undue delay. This confirmation of receipt does not constitute a booking confirmation and does not establish any claim

to the conclusion of a travel contract according to the Customer’s travel wishes.

The travel contract is concluded when the Customer receives booking confirmation, which ET will send to the Customer using

the email address, fax number or postal address provided by the Customer during the ordering process.

1.4 If ET’s booking confirmation deviates from the booking made by the Customer, this constitutes a new offer by ET which ET remains bound by for 7 days, running from the date of the booking confirmation. The contract will be concluded on the basis of this

amended offer, provided that the Customer makes his acceptance by means of an express declaration, making a down payment, or

paying the outstanding balance. The same applies if ET has made an offer to the Customer for a package deal in text form.

1.5 The precontractual information provided by ET concerning key features of the travel services, the price of the trip and all

additional costs, payment methods, minimum number of participants and the cancellation fee (pursuant to Article 250 section 3 no.

1, 3 to 5 and 7 EGBGB) will only become an integral part of the package deal contract if this has been expressly agreed on between

the parties.

1.6 ET draws attention to the fact that, in accordance with the statutory provisions (section 312 para 7, 312g para 2 sentence 1 no.

9 BGB), in the case of package deal contracts according to sections 651a and 651b BGB that are concluded via distance selling

(letters, catalogues, telephone 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 section 651h BGB) apply (see also

Clauses 8). However, a right of withdrawal applies if the contract for travel services pursuant to section 651a BGB was concluded

outside of the business premises.

2. Services

2.1 The services owed by ET are solely those specified in the booking confirmation in conjunction with the advertisement for the

respective package deal on which the confirmation is based and subject to all the information and notes contained in the booking

bases.

2.2 Travel agents and service providers, including accommodation businesses, are not authorised by ET to give any representations

or to make any agreements which go beyond the travel advertisement or the booking confirmation, or which conflict with the

confirmation, or seek to amend the confirmed content of the travel contract.

2.3 Information provided in hotel guides, prospectuses and similar directories (including in the prospectuses of the accommodation

providers) which are not published by ET are not binding on ET (including with regard to its obligation to render the services) if they

have not been made part of the host’s performance obligations by means of express agreement with the guest.

3. Down payment/payment of outstanding balance

3.1 The travel operator and the travel agent may only request or accept payments towards the price of the trip before the end of

the package deal trip if there is an effective customer payment protection agreement and the Customer has been given the security

note with the name and the contact details of the customer payment insurer in a way which is clear, understandable and which is

highlighted. After the conclusion of the contract (receipt of the booking confirmation) and the provision of the security note, a down

payment must be made which will be credited to the travel price. Unless otherwise agreed in the individual case and specified in the

booking confirmation, this amounts to 20% of the travel price.

3.2 Unless another payment deadline has been agreed, the outstanding balance falls due for payment 3 weeks prior to the start of

the trip, as long as the security note has been provided and if it is certain that the trip can no longer be cancelled for the reasons

specified in Clause 8 of these terms. For bookings which were made less than 3 weeks before the start of travel, the total travel

price falls due for payment immediately.

3.3 Contrary to the provisions of 3.1 and 3.2, the obligation to provide a security note does not apply if the contractual services do

not include transportation to and from the holiday destination and this has also not been agreed and the booking confirmation

specifies that the entire travel price only has to be paid on site at the end of the trip (completion of the package tour).

3.4 If the Customer has no contractual or statutory right of withdrawal and ET is prepared and in the position to perform the

contractual services, the following applies:

a) If the Traveller fails to make a down payment or pay the outstanding balance (or pay these amounts in full) by the applicable

deadlines in spite of the conditions precedent for maturity being fulfilled, ET is entitled - subject to issuing a reminder and setting a

grade period for performance - to withdraw from the contract and charge the costs of withdrawal to the guest pursuant to Clause 4

of these terms. ET is not entitled to do this if the guest is not to blame for the payment default.

b) The Customer is not entitled to the services or to the provision of the travel documents unless and until the travel price has been

paid in full.

4. Withdrawal by the Customer, rebooking

4.1The Customer may withdraw from the trip at any time before it commences. It is recommended to give written notice of this

withdrawal to avoid any misunderstandings. The key date is the date when ET or the travel agent receives the withdrawal notice.

4.2 If the Customer withdraws prior to the start of the trip or if he fails to appear at the start of the trip, ET‘s claim to the travel

price lapses. Instead, ET may demand reasonable compensation, as long as ET was not to blame for the withdrawal. ET cannot

demand compensation if, at the destination or in its direct vicinity, unavoidable, extraordinary circumstances occur which seriously

impair the performance of the package trip or the transportation of persons to the destination; circumstances are deemed

unavoidable and extraordinary if they are beyond ET‘s control and their consequences could not have been avoided even if all

reasonable precautions had been taken.

4.3 The amount of compensation equals the travel price less the value of the expenses saved by ET and less the amount which ET

earned by rendering the services to someone else (which must be proven by the travel operator upon the Customer’s request). The

travel operator has set the following lump sums for compensation, taking into account the period between the notice of withdrawal

and the start of travel as well as the expected savings on expenses and the expected earnings made by selling the travel services to

someone else. The compensation is calculated as follows according to the date of receipt of the notice of withdrawal, according to

the respective cancellation fee schedule:

by the 31st day before the start of travel                     10% of the travel price

30 - 21 days before the start of travel                           20% of the travel price

20 - 12 days before the start of travel                           30% of the travel price

11 - 3 days before the start of travel                             70% of the travel price

less than 3 days before the start of travel                   90% of the travel price

4.4 Concluding a travel cancellation insurance policy and insurance to cover repatriation costs in the event of an

accident or illness is strongly recommended.

4.5 The Customer reserves the right to provide proof to ET that ET has not incurred any costs or materially lesser costs than the

lump sums set. In such cases, the Customer must only pay the lesser costs.

4.6 Lump sum compensation pursuant to 4.3 is deemed not to have been agreed or set if ET proves that ET has

incurred significantly higher costs than the lump sum calculated pursuant to Clause 4.3. In this case, ET is obligated to

specifically quantify and justify the claimed damages, taking the saved expenditure and the earnings on another possible use of the

travel services into consideration.

4.7 If changes are made to the dates of travel, accommodation, the type of catering or other services at the Customer’s request

after the conclusion of the contract (re-bookings), ET may charge a re-booking fee of € 15.00 for changes made at least 32 days

before the start of travel. This is subject to the proviso that re-bookings are basically possible. The Customer does not have any

legal claim to the re-booking. Any re-bookings after this point are only possible by withdrawing from the travel contract and making

a new booking according to the above terms and conditions for withdrawal. This does not apply in the case of rebooking requests

that incur only insignificant costs.

4.8 If ET is obligated to reimburse the travel price as a result of withdrawal, this does not affect section 651h para 5 BGB.

4.9 The Customer's statutory right to demand, in accordance with Section 651 e BGB, from ET by means of notification on a durable

data medium, that a third party enters into the rights and obligations arising from the package travel contract in place of the

Customer, remains unaffected by the above conditions. Such a declaration is deemed to have been made in a timely manner if it is

received by ET 7 days before the start of travel.

5. Obligations of the Traveller, (notification of defects, termination)

5.1 The Traveller is obligated to notify any defects which may occur to ET without undue delay and demand remedial action. The

only time that the Traveller’s claims do not lapse is if the Traveller fails to notify the defects and the Traveller is not to blame for this

failure. However, the Traveller may notify the travel agent through which he booked the trip, of the defect notification. It is not

sufficient to make a notification of defects to the service provider (including the accommodation business).

5.2 If this trip is seriously impaired due to a defect in the trip or if it is no longer reasonable for the Traveller to participate in the

trip due to such a defect for a compelling reason which is evident to ET, the Traveller is entitled to terminate the travel contract

according to the provisions of law (section 651l BGB). If a Customer/Traveller wishes to terminate the package deal contract

pursuant to section 651l BGB due to a defect of the type specified in section 651i para 2 BGB (provided that such defect is material),

he must first set the travel operator a reasonable grace period to take remedial action. The only time when this does not apply if the

travel operator refuses to take remedial action or if immediate remedial action is necessary.

5.3 The Traveller must bring claims under section 651i para 3 no. 2, 4-7 BGB relating to the failure to perform the travel services in

compliance with the contract against ET at the address specified below. Claims may also be enforced via the travel agent if the trip

was booked via this travel agent. The contractual claims set out in section 651i para 3 BGB become time barred after two years. The

statute of limitations begins to run on the day when the trip is due to end according to the contract. It is strongly recommended to

enforce claims in text form.

6. Specific obligations of the Traveller in relation to package deals including medical services, spa treatments,

wellness offers

6.1 For package deals which include medical services, spa treatments, wellness offers or similar services, the Traveller must inform

himself prior to booking, commencing the trip or utilising the services whether the relevant treatment or services is/are suitable for

him, taking into account his personal state of health, including any pre-existing complaints or illnesses.

6.2 In the absence of an express agreement, ET is not obligated to provide the Traveller with any specific (personalised) medical

advice or instructions about the consequences, risks and side effects of such services.

6.3 The above provisions apply regardless of whether ET is only acting as the intermediator of such services or whether these form

a part of the travel services.

7. Liability

7.1 ET’s liability for damage that is not caused by the violation of a material obligation, the fulfilment of which makes the proper

execution of the contract possible, or the violation of which jeopardises the achievement of the purpose of the contract or results

from the injury to the life, body or health, to the extent that the damage was not caused culpably, is limited to three times the travel

price,

7.2 ET is not liable for any information provided in relation to (or defects in) the performance of services which are not contractually

agreed principal services and are not part of ET’s package deal and which are designated as a third party service in the travel

advertisement or the booking confirmation (stating the identity and address of the intermediated service provider) in a way which is

recognisable for the Customer, or which are merely intermediated during the stay as third party services (e.g. spa- and wellness

services, sporting events, theatre visits, exhibitions, excursions etc.). Sections 651b, 651c, 651w and 651y BGB are not affected.

7.3 If services such as medical services, therapeutic services, massages or other healing techniques or services are not part of the

package deal of ET and are only intermediated by ET in addition to the package booked according to Clause 7.2, ET is not liable for

rendering these services or for any personal injury or property damage. If such services do form part of the travel services, ET is not

liable for the success of the healing- or spa treatment. Sections 651b, 651c, 651w and 651y BGB are not affected.

8. Withdrawal of ET due to failure to reach the minimum number of participants

8.1 If there is a reference to a minimum number of participants in the specific travel advertisement for a certain trip or in a general

notice in a travel prospectus which applies to all trips or those described in the prospectus and this number of participants is not

reached, ET may withdraw from the travel contract up to

a) at least 20 days before the scheduled start of travel if the trip should last more than six days,

b) at least seven days before the scheduled start of travel if the trip should last more than two days but no more than

six days,

c) at least 48 hours before the scheduled start of travel if the trip should last less than two days”, provided that

d) the minimum number of participants is stated in the respective pre-contractual notice as well as the latest time prior to the

contractually agreed scheduled start of travel when the Customer must receive the declaration, and

e) ET states the minimum number of participants and the latest permitted time for withdrawal in the travel confirmation.

8.2 A declaration of withdrawal vis-à-vis the Customer must be given on the day stated in the pre-contractual notice and the travel

confirmation at the latest. If it is already clear at an earlier point that the minimum number of participants cannot be reached, the

travel operator must exercise its right of withdrawal without delay.

8.3 If ET withdraws from the contract, the Customer will be reimbursed without delay for any payments he has made towards the

travel price. These reimbursements will be made within 14 days of the receipt of the declaration of withdrawal.

9. Non-utilised services

If the Traveller does not utilise individual travel services which ET was ready and able to render according to the contract for

reasons which are to be attributed to the Traveller, the Traveller has no right to pro rata reimbursement. However, if that the

amounts affected are not quite marginal, ET will make efforts to obtain a refund from the service provider and repay the amounts to

the Customer as soon as (and to the extent that) ET obtains the refunds from the service provider.

10. Special provisions relating to pandemics (particularly coronavirus)

10.1 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.

10.2 The Traveler 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.

11. Information about alternative dispute resolution bodies; Governing law and place of jurisdiction

11.1 With regard to the law on consumer dispute settlement, ET hereby indicates that ET will not participate in any voluntary

consumer dispute settlements. If consumer dispute settlements become obligatory for ET, ET will inform the consumers in a suitable

format. ET refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all contracts concluded

in electronic commerce.

11.2 With regard to Travellers who are not citizens of a member state of the European Union or Switzerland, German law

exclusively governs the entire legal- and contractual relationship between the Traveller and ET. Such Travellers may only bring legal

action against ET at the location of its registered office.

11.3 For legal action which ET brings against Travellers or contractual partners to a travel contract who are traders, legal persons

under public or private law or persons who have their place of residence or habitual residence abroad or whose place of residence or

habitual residence are not known at the time when the action is brought, the location of ET’s registered office is agreed as the place

of jurisdiction.

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© copyrighted; Noll | Hütten | Dukic Rechtsanwälte, Munich | Stuttgart 2018 - 2023

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Status of this version: September 2022

The operator:

Eifel Tourismus GmbH, Kalvarienbergstr. 1, 54595 Prüm

Represented by: Mr Klaus Schäfer

Phone: +49 (0) 6551 96 56 0   Fax: +49 (0) 6551 96 56 96

E-Mail: info@eifel.info    Internet: www.eifel.info

Guest hosting and agency conditions 

The following terms and conditions for guest accommodation and intermediation apply to contracts with hosts in Eifel and their intermediation by Eifel Tourismus GmbH

TERMS AND CONDITIONS FOR GUEST ACCOMMODATION AND INTERMEDIATION FOR HOSTS IN the Eifel

Eifel Tourismus GmbH, hereinafter abbreviated to "ET", procures accommodation from hosts and private landlords (hotels, guesthouses, pensions, private rooms and holiday apartments), hereinafter uniformly referred to as "hosts", in (municipality/region) corresponding to the current offerings. The following Conditions shall, as far as they are effectively agreed upon, become the content of the guest accommodation contract between the guest and the host in the case of a booking and, in addition to statutory regulations, govern the contractual relationship between the guest and the host and the procurement activities of ET. Hence, please read through these Conditions carefully.

1. Position of ET; scope of these Guest Accommodation Conditions
1.1 The following applies for all conclusions of contracts:

a) ET is the operator of the respective websites/the publisher of the relevant host directories, catalogues, flyers or other print
media and websites, insofar as it is explicitly specified therein as the publisher/operator.

b) insofar as ET brokers further services of the hosts (accommodation, catering and ancillary services provided by the host
itself) that do not account for a significant share of the total value of the host's services and neither constitute a key feature of
the range of services provided by the host or ET itself nor are advertised as such, ET will merely have the status of an agent.

c) As an intermediator, ET has the status of an intermediator of associated travel services, insofar as the requirements for an
offer of associated travel services of ET under the provisions of Article 651w BGB are fulfilled.

d) Without prejudice to the obligations of ET as a provider of associated travel services (particularly the provision of the
legally prescribed form and securing customer funds in the event of debt collection activities by ET) and the legal conse-
quences in the event of failure to fulfil those legal obligations, in the event that the requirements under b) or c) are fulfilled ET
is neither the tour operator nor a party to the contract for the Leisure Activity concluded in the event of a booking. It is
therefore not liable for the host’s information on prices and services, for the provision of the services itself or for defects in the
services.

1.2 These terms and conditions of guest accommodation apply, to the extent effectively agreed, to all bookings of accom-
modation which are based on the host directory published by ET and bookings made based on the relevant offers pub-lished
online.

1.3 The hosts reserve the right to agree on other terms and conditions for guest accommodation with the guest in the indi-
vidual case which deviate from the following terms and conditions of guest accommodation or which supplement them.

2. Conclusion of contract, travel agent, information in hotel guides
2.1 By placing the booking, the guest, where applicable after prior non-binding information from the host about his

accommodation and its current availability, offers the host the conclusion of the guest accommodation contract in a binding

manner. The basis of this offer is the description of the accommodation and the additional information in the basis of the

booking (e.g. description of the location, classification explanations), as far as these are available to the guest at the time of

booking.
2.2 The guest's booking can be made via all booking methods offered by the host, i.e. orally, in writing, by telephone, by fax or

by e-mail.
2.3 The contract is concluded upon receipt of the declaration of acceptance (booking confirmation) from the host or ET as his

representative. The declaration of acceptance does not require a specific form, such that verbal and telephone confirmations

are also legally binding for the guest and the host.
2.4 In accordance with the statutory requirements the guest is advised that, pursuant to the provisions of law (Article 312g par.

2 sentence 1 sec. 9 BGB), for guest accommodation contracts concluded by way of distance selling (letters, catalogues, tele-

phone calls, emails, messages sent by mobile phone (text messages)) or outside of the business premises there is no can-

cellation right and only the provisions of law on failure to take advantage of rental services (Article 537 BGB) apply (see also

Section 6 of these guest accommodation conditions).
2.5 As a rule, the host will send a written copy of the booking confirmation to the guest in case of oral or telephone bookings.

However, the legal validity of the guest accommodation contract for such bookings does not depend on the receipt of the

written copy of the booking confirmation.
2.6 As far as the host or ET as his agent offers the possibility of a binding booking and procurement of the accommodation by

way of electronic conclusion of a contract via an Internet platform, the following applies to this conclusion of contract:
a) The online booking process is to be explained to the Customer via appropriate instructions. German is the only available

language for the contract.
b) The Customer can correct or delete individual details or reset the entire online booking form at any time by means of a

correction option that is explained to him as part of the booking process.
c) After completing the selection of the accommodation services desired by the Customer and the entry of his personal data,

the entirety of the data, including all essential information on prices, services, additional services booked, along with any travel

insurance selected, is to be displayed. The Customer will have the option to cancel the entire booking or to create a new one.
d) By pressing the button "Confirm booking and pay", the Customer makes the host a binding offer for the conclusion of a

guest accommodation contract. The pressing of this button therefore leads to the conclusion of a guest accommodation

contract that will need to be paid for upon receipt of a booking confirmation from the host or ET as the agent within the binding

period. Placing the online booking and pressing the button "Confirm booking and pay" does not establish an entitlement on the

part of the Customer to the conclusion of a guest accommodation contract. The host is free to accept or decline the contractual

offer (the booking) from the Customer.
e) If no booking confirmation is provided in real time, the host or ET as the agent shall confirm the receipt of the booking by

sending an electronic notification to the Customer without delay. This confirmation of receipt does not constitute a booking

confirmation and does not constitute an entitlement to the conclusion of the guest accommodation contract according to the

desired booking from the Customer.
f) The guest accommodation contract is entered into upon the receipt of the booking confirmation by the Customer, which the

host or ET as the agent sends to the Customer in the form specified in the booking process by e-mail, fax or post.
2.7 If the content of the booking confirmation differs from the content of the booking, this constitutes a new offer from the

host. The contract is concluded on the basis of this new offer if the guest declares acceptance by explicit declaration, down

payment or payment of the balance, or the use of the accommodation.
2.8 Travel intermediators (e.g. travel agencies) and entities who take bookings are not authorised to make agreements,

provide information or make assurances that amend the agreed content of the contract, go beyond the contractually-agreed

services of the host or that contravene the service and accommodation descriptions.
2.9 2.9    Information provided in hotel guides and similar directories which are not published by either ET or the host are not

binding on the host (including with regard to its obligation to render the services) if they have not been made part of the host’s

performance obligations by means of express agreement with the guest.

3. Non-binding reservations
3.1 Reservations that are not binding for the guest, from which he can withdraw free of charge, are only possible with the

corresponding express agreement with ET or the host.
3.2 If no reservation that is not binding for the guest has been expressly agreed upon, then placing the booking as set out in

Section 2 (Conclusion of contract) of these Conditions will generally result in a legally binding contract for the host and the

guest/client.
3.3 If a non-binding reservation for the guest has been agreed upon, the desired accommodation will be kept available by the

host with binding effect for the booking by the guest until the time agreed upon. The guest must inform ET or the host by this

time if the reservation is to be treated as a binding booking for the guest. If this does not happen, the reservation is cancelled

without further notification obligations on the part of ET or the host. If the notification is made in due time, a legally binding

guest accommodation contract for the host and the guest comes into effect upon receipt by the host.

4. Prices and services, rebooking
4.1 The prices specified in the brochure are final prices and include statutory VAT and all additional costs, unless stated

otherwise with regard to the additional costs. Tourism taxes may be incurred and specified separately, as well as fees for

services charged according to consumption (e.g. electricity, gas, water, firewood) and for optional and additional services.
4.2 The services owed by the host result exclusively from the content of the booking confirmation in conjunction with the valid

brochure or the property description, as well as from any supplementary agreements expressly made with the guest/client. The

guest/client is advised to make supplementary agreements in writing.
4.3 For the performance of rebookings (changes regarding the type of accommodation, arrival and departure dates, length of

stay, type of catering, additional services booked and other supplementary services), for which no legal entitlement exists, the

host may charge a rebooking fee of €15 per change. This does not apply if the change is only minor in nature.

5. Payment
5.1 The due date of deposit and balance payments depends on the arrangements made with the guest or the client and noted

in the booking confirmation. If no special agreement has been made, the entire accommodation price including the fees for

additional costs and services is due for payment at the end of the stay and must be paid to the host.
5.2 The host may require a down payment after conclusion of the contract. Unless otherwise agreed upon in individual cases, it

shall amount to 15% of the total price of the accommodation and additional services booked.
5.3 Payments in foreign currencies and by crossed cheques are not possible. Credit card payments and girocard payments are

only possible if this has been agreed upon or is generally offered by the host via a posted notice. Payments at the end of the

stay are not possible by bank transfer.
5.4 If the guest fails to make a down payment agreed upon or does not make it in full despite a reminder from the host with a

grace period, the host is entitled to withdraw from the contract with the guest and to charge the guest for withdrawal costs as

set out in Section 6 of these Conditions, provided that the host is willing and able to provide the contractual services himself

and provided that the guest has no legal or contractual right of retention. The host is not entitled to these rights if the guest is

not responsible for the delay in payment.

6. Withdrawal and no-show
6.1 In the event of a withdrawal or a no-show, the host continues to be entitled to payment of the price of the stay agreed

upon, including the amount for meals and fees for additional services.
6.2 The host must attempt to otherwise make use of the accommodation in the course of its normal business activities, without

any obligation to make a special effort and taking into account the specific character of the accommodation booked (e.g. non-

smoking room, family suite).
6.3 The host shall have any other occupancy and, if this is not possible, any expenses saved credited.
6.4 In accordance with the percentages recognised by case law for the assessment of saved expenses, the guest or the client

must pay the following amounts to the host, in each case based on the total price of the accommodation (including all ancillary

costs), but without taking into account any public levies such as a tourist tax or visitor's tax:

- For holiday apartments/accommodation without catering            90%      
- For overnight stays with breakfast                                             80%
- For half board                                                                          70%
- For full board                                                                           60%

6.5 The guest/client explicitly retains the right to provide proof to the host that the expenses he has saved are significantly

higher than the deductions taken into account here or that other use of the accommodation services or other services has taken

place. If such proof is provided, the guest/client must only pay the appropriately lower amount.
6.6 Taking out travel cancellation and travel interruption insurance is strongly recommended.
6.7 The declaration of withdrawal is to be addressed to ET (not to the host) for technical booking reasons and should be made

in writing in the interest of the guest.

7. Arrival and departure
7.1 The guest must arrive at the agreed time – without a special agreement no later than by 6 p.m.
7.2 The following applies for later arrivals:
The guest must inform the host no later than by the agreed time of arrival that he will be arriving late or, in the case of stays

lasting multiple days, will only be occupying the booked accommodation on a subsequent day.
If timely notification is not given, the host shall have the right to otherwise allocate the accommodation. For the period where

the accommodation is not occupied, the provisions in Section 6 apply accordingly.
If the guest provides notification of late arrival, he must pay the remuneration agreed upon, less the expenses saved by the

host as set out in Sections 6.4 and 6.5, also for the unused occupancy time, unless the host is contractually or legally

responsible for the reasons for the later occupancy.
7.3 The accommodation must be vacated by the guest at the agreed time – without a special arrangement no later than by 12

a.m. of the day of departure. If the accommodation is not vacated on time, the host may demand appropriate additional

remuneration. The host reserves the right to assert further claims for losses.

8. Obligation of the Customer to report defects, bringing of animals, termination by the host
8.1 The guest is obligated to notify the host immediately of any defects and malfunctions that occur and to demand remedy. A

notification of defects which is only made to ET is not sufficient. If the notification of defects is culpably omitted, the guest's

claims may be entirely or partially void.
8.2 The guest may only terminate the contract in the event of significant defects or disruptions. The guest must first set the

host a reasonable grace period in the defect notice to take remedial action, unless remedial action is impossible or is refused by

the host or if immediate termination is objectively justified by a special interest of the guest which is recognisable for the host

or if for such reasons the guest objectively cannot be reasonably expected to continue his stay.
8.3 For the bringing of animals, the following applies:
Guests are only permitted to bring pets into the accommodation and accommodate them in it if the host states that such a

possibility exists in its advertisement and an explicit arrangement has been made in this respect.
In making such an arrangement the guest must provide accurate information on the type and size of the pet.
Any breaches of this obligation may entitle the host to terminate the guest accommodation contract by way of extraordinary

termination.
An unannounced bringing along of pets or incorrect information about type and size entitles the host to refuse to provide the

accommodation, to cancel the guest accommodation contract and to charge cancellation costs as set out in Section 6 of these

Conditions.

9. Limitation of liability
9.1 The liability of the host arising from the guest accommodation contract pursuant to Section 536a BGB for damages which

do not result from the violation of an essential obligation, the fulfilment of which makes the proper execution of the guest

accommodation contract possible in the first place, or the violation of which endangers the achievement of the purpose of the

contract or which result from injury to life, body or health, is excluded, unless they are based on an intentional or grossly

negligent breach of duty by the host or a legal representative or vicarious agent of the host.
9.2 Any proprietor's liability of the host for property brought into the accommodation under Sections 701 et seq. BGB remains

unaffected by this provision.
9.3 The host shall not be liable for service disruptions in connection with services which, recognisably for the guest/client, are

merely procured as third-party services during the stay (e.g. sports events, visits to the theatre, exhibitions, etc.). The same

applies for external services which are procured together with the booking of the accommodation, provided that they are

explicitly specified as being third-party services in the advertisement or booking confirmation.

10. Statute of limitations
10.1 Contractual claims of the guest/client against the host arising from the guest accommodation contract or ET from the

agency contract arising from injury to life, body, or health, including contractual claims for damages for pain and suffering

based on their negligent breach of duty or an intentional or negligent breach of duty by their legal representatives or vicarious

agents, shall lapse after three years. This also applies to claims for compensation for other damages due to a grossly negligent

breach of duty by the host or ET or due to an intentional or grossly negligent breach of duty by their legal representatives or

vicarious agents.
10.2 All other contractual claims are subject to a limitation period of one year.
10.3 The statute of limitations according to the foregoing provisions shall begin in each case at the end of the year in which

the claim arose and the guest/client became aware of circumstances which justify the claim and which the host or ET as the

debtor became aware of or would have had to become aware of in the absence of gross negligence. If the last day of the

period falls on a Sunday, a general holiday recognised by the state at the place of declaration, or on a Saturday, the next

working day shall take the place of such a day.
10.4 If there exist ongoing negotiations between the guest and the host or ET over valid asserted claims or the circumstances

justifying the claims, then the limitation period is suspended until the guest or the host, or ET declines to the continuation of

the negotiations. The aforementioned limitation period of one year shall begin no earlier than 3 months after the end of the

suspension.

11. Special provisions relating to pandemics (in particular the Corona virus)
11.1 The Parties agree that the travel services agreed upon shall always be provided by the respective service providers in

compliance with and in accordance with the official regulations and requirements applicable at the respective time of travel.
11.2 The traveller agrees to observe appropriate regulations or restrictions on use of the service providers when using travel

services and to inform the travel guide and the service provider immediately in the event of typical symptoms of illness.

12. Information on alternative dispute resolution facilities; governing law and place of jurisdiction
12.1 With regard to the law on consumer dispute settlement, the host and ET hereby indicate that, in the event that these

terms and conditions for guest accommodation are published, neither the host nor ET have any obligation to participate in con-

sumer dispute settlement and the host/ET will not participate in any voluntary consumer dispute settlements. If consumer

dispute resolution becomes obligatory for the host and/or ET, the host/ET will inform the guest/consumer about this in an

appropriate form. The host/ET refer to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/ for

all contracts concluded in electronic commerce.
12.2 The contractual relationship between the guest/client and the host and/or ET is governed exclusively by German law. The

same applies for any other legal relationship.
12.3 As far as in the case of permissible legal actions of the guest/client against the host or ET abroad for their liability,

German law is not applied on its merits, German law is exclusively applicable with regard to the legal consequences, in

particular with regard to type, scope and amount of claims of the guest's customers.
12.4 The guest or the client can only bring suit against the host or ET at their registered office.
12.5 For legal actions brought by the host, or ET against the guest/client, the residence of the Customer is decisive. For legal

actions against guests or clients who are merchants, legal entities under public or private law or persons who have their

residence/registered business location or habitual abode abroad, or whose residence/registered business location or habitual

abode is not known at the time the action is filed, the place of jurisdiction is the registered office of the host.
12.6 The above provisions do not apply if and insofar as non-modifiable regulations of the European Union or other

international regulations applicable to the contract are applicable.

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© copyrighted; Noll | Hütten | Dukic Rechtsanwälte, Munich | Stuttgart 2018 – 2023

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Status of this version: September 2022

Intermediator:
Eifel Tourismus (ET) GmbH, Kalvarienbergstr. 1, 54595 Prüm
represented by: Klaus Schäfer
Phone: +49 (0) 6551 96 56 0   Fax: +49 (0) 6551 96 56 96
E-Mail: info@eifel.info    Internet: www.eifel.info

Intermediation and contract terms for leisure tourism

The following intermediation and contract terms for leisure tourism apply to contracts with activities providers and their intermediation by ET

Intermediation and contract terms for leisure tourism

Dear customers,

The below intermediation and contract terms govern both the legal relationship between the Eifel Tourismus GmbH – referred to in the following as “ET“ and yourself - referred to in the following as “Customer” - with regard to ET’s intermediation activities and the legal relationship between you and the provider of the leisure tourism services intermediated by ET, referred to in the following as “Provider”. The intermediation and contract terms are, to the extent that they have been included with legal effect, part of the service contract which is concluded between you and the principal and the provider when you place a booking. Therefore, please read these terms through carefully before making your booking.

1. Definitions: status of ET and the Provider; applicable provisions of law; intermediation of additional services

1.1 In the following, “Customer” means individual guests as well as groups of customers.

1.2 The present terms and conditions for leisure tourism apply to leisure activities, guided tours and entry tickets which are

provided by the Provider, last less than 24 hours and do not include an overnight stay according to section 651a para 5 no. 2

German Civil Code (BGB) (“day tours”) and the price of which does not exceed EUR 500. These day offers are referred to in the

following as “Leisure Activity/Activities”.

1.3 The Provider, as an independent service provider, renders the advertised contractual services as the direct contractual

partner of the Customer. ET is the sole intermediator of the contract between the Customer and the executing Provider,

unless ET is expressly stated to be the Provider of the Leisure Activity in the individual case. If additional services, transfers,

restaurant services and other services are booked in connection with the Leisure Activity, ET is also the sole intermediator of

such services.

1.4 As an intermediator, ET has the status of a provider of associated travel services, insofar as the requirements for an offer

of associated travel services of ET under the provisions of Article 651w BGB are fulfilled.

1.5 Without prejudice to the obligations of ET as a provider of associated travel services (including the provision of the legally

prescribed form and securing customer funds in the event of debt collection activities by ET) and the legal consequences in the

event of failure to fulfil those legal obligations, if the requirements under Section 1.3 or 1.4 are fulfilled, ET is neither the tour

operator nor a party to the contract for the Leisure Activity concluded in the event of a booking. In the case of such

orders/tours, ET is, therefore, not liable for information about prices and services, the provision of the service itself or

performance defects in connection with the Leisure Activity. This does not apply to the extent that the contractually agreed

service is a package holiday or another offer where ET is a direct contractual partner of the Customer.

1.6 Any liability of ET arising from the intermediation contract and the provisions of law, including in accordance with

mandatory provisions regarding telemedia and electronic commerce, remain unaffected.

1.7 The agreements concluded with the Provider/ET apply primarily to the legal relationship between the Provider and the

Customer; these intermediation- and contractual terms, the provisions of law concerning contracts for services according to

section 611 et. seq. BGB apply on a subsidiary basis. Primarily, the agreements concluded with ET apply to the intermediation

relationship with ET, with the provisions of the present contractual terms concerning ET’s intermediation activities and section

675 BGB (business procurement for payment) applying on a subsidiary basis.

1.8 Unless the mandatory provisions of international or European law which are applicable to the contractual relationship with

the Provider or to ET’s intermediation work stipulate more favourable rules for the Customer, German law will apply

exclusively to the entire legal- and contractual relationship with the Provider and ET.

2. Conclusion of contract, position of group client

2.1 The following applies to all Leisure Activity bookings:

a) The basis of the Provider’s offer and the Customer’s booking are the description of the Leisure Activity and the additional

information in the booking basis, insofar as they are available to the Customer upon booking.

b) If the content of the booking confirmation deviates from the content of the booking itself, the former constitutes a new offer

by the Provider. The contract will be concluded on the basis of this new offer, provided that the Customer makes his/her

acceptance by means of an express declaration, making a down payment, paying the outstanding balance or availing him-

/herself of the services.

c) The Customer making the booking is liable for the contractual obligations of the participants for whom he/she undertakes

the booking as for his/her own obligations - provided that he/she has assumed the relevant obligation by means of a separate

express declaration. The same applies to group clients or persons responsible for groups with regard to the participants in the

Leisure Activities who are registered by the group client or person responsible for the group.

2.2 The following terms apply on a supplementary basis to Leisure Activities for private groups. Leisure Activities for private

groups within the meaning of these terms exclusively mean group offers which are organised by the Provider as the

responsible provider and are booked and/or executed via a person responsible for the group/group client, who acts as the

authorised representative of a certain group of participants and also has the sole status of Customer vis-à-vis the Provider.

2.3 The Provider highlights that, according to the provisions of law (section 312g para 2 sentence 1 no. 9 BGB), there is no

right of withdrawal, even if the service contract was concluded as part of a remote sales transaction. The Customer’s other

statutory rights of withdrawal and termination remain unaffected.

2.4 In the case of bookings done over the website of the Provider, the tourism organisation or another intermediator, the

following applies for the conclusion of the contract:

a) By clicking on the “book for a fee” (or similar) button, the Customer makes a binding offer to the Provider to conclude the

contract for the Leisure Activity. The receipt of the booking will be promptly electronically confirmed to the Customer.

b) Sending the contractual offer by clicking on the “book for a fee” button does not establish any claim of the Customer or the

principal to the conclusion of a contract with the Provider based on the information provided in the booking. The Provider

may decide in its own discretion whether to accept or decline the offer made by the Customer/principal.

c) The contract is concluded upon receipt of the booking confirmation from the Provider by the Customer/principal.

3. Services, right of replacement; deviating agreements; amendment of material services; duration of services;

weather conditions

3.1 The services owed by the Provider comprise the rendering of the respective service according to the service specification

and the additional agreements concluded.

3.2 If the group size for a particular activity may not be less/more than a certain number, this must be stated in the service

specification.

3.3 Unless otherwise expressly agreed, Leisure Activities do not have to be performed by a certain person (e.g. a certain tour

guide). Even if a certain person is specified, the right is reserved to substitute this person by another person in the event that

the person originally specified is prevented from performing the service for a compelling reason (including sickness). If the

Provider is unable to find a substitute in the event of a compelling reason for which the Provider is not to blame (including in

the case of lone freelancers), the Provider is entitled to declare its withdrawal from the contract or to terminate the contract

extraordinarily for an important reason. In such cases, the Customer’s obligation to pay the fees ceases to apply in its entirety.

Any other claims of the Customer (including the claim to reimbursement of travel costs to and from the tour) are excluded.

3.4 Amendments or additions to the contractually advertised services require an express agreement with the Provider for

which text form is strongly recommended for evidential reasons.

3.5 Changes to material services which deviate from the agreed contents of the contract and which become necessary after

conclusion of the contract (including changes during the period when services are rendered) and that are not brought about by

the Provider against good faith, are permitted - provided the changes are not significant and do not affect the overall design

of the service. Any guarantee claims of the Customer/principal remain unaffected in the case of such amendments to material

services.

3.6 Any information provided concerning the duration of services is approximate.

3.7 The following applies to weather conditions and their effects on agreed services:

a) Unless otherwise expressly agreed in the individual case, the agreed services will be rendered regardless of the prevailing

weather conditions.

b) Therefore, weather conditions do not entitle the Customer/principal to withdraw from or terminate the contract with the

Provider free of charge. This does not apply if the weather conditions affect the body, health or property of the Customer or

participant of the principal in the service to such an extent that the performance of the service is objectively unreasonable for

the Customer/principal and its participants.

c) If such conditions are prevailing at the time when the service commences or if such conditions can objectively be expected

for the agreed time of service commencement, the Customer/principal and the Provider are entitled to terminate the contract

for the service either ordinarily or extraordinarily.

d) If the Provider terminates pursuant to c), the Customer/principal has no claim to the reimbursement of costs (including

travel and accommodation costs), apart from any justified contractual statutory/contractual claims which the Customer/principal

has to damages or compensation for expenses in this respect.

4. Rendering of the services and payment terms

4.1 The agreed services include the rendering of the service and any additional services which have been advertised or

agreed.

4.2 With regard to online payment, the Provider may stipulate that the agreed price must be paid directly upon completing

the booking; otherwise, the price must be paid within 14 days of the invoice date or, subject to agreement, directly prior to the

beginning of the Leisure Activity.

4.3 If the Customer has no contractual or statutory right of withdrawal and the Provider is ready and able to perform the

contractual services, the following applies:

a) If the Customer does not pay the price of the service or does not pay it in full even though the requirements for its falling

due have been met, the Provider is entitled (subject to setting a reasonable grace period for performance and the expiry of

the same) to withdraw from the contract and to claim damages from the Customer according to sections 280 para 1, 241 para

2 BGB and subject to the following para 7 - unless the Customer has a right of set-off or retention at the time when the price

falls due for payment or the Customer is not at fault for the payment default which has occurred.

b) The Customer is not entitled to the services unless and until the service price has been paid in full.

5. Changes to bookings; changes to the billing address

5.1 The Customer/principal is not entitled to have any changes made to the schedule for the service, the time, the point of

departure, or the destination of the service (changes to booking) after the conclusion of the contract. At the request of the

Customer/principal, it is possible to check whether it is possible to change the booking. Requests for changes to the booking are

only accepted in text form.

5.2 The above provisions apply mutatis mutandis to changes in the billing address provided. A processing fee of € 15.00 may

be charged for each change made.

6. Failure to utilise the services

6.1 If the Customer/principal fails to utilise the services or any part thereof (including by failing to appear to the tour without

terminating the contract) even though the Provider was ready and able to render the services, and the Provider is not to

blame for this failure, there is no claim to the reimbursement of any payments which have already been made.

6.2 The statutory rule (section 615 sentences 1 and 2 BGB) applies to the agreed fee:

a) The agreed fees must be paid without there being any claim to the subsequent rendering of the services.

b) However, the Provider must accept deductions on the fees for any expenses which are saved and for any fees which the

Provider earns by providing (or by maliciously failing to provide) the agreed services to another party.

7. Withdrawal by the Provider due to failure to reach the minimum number of participants

7.1 If the minimum number of participants is not reached, the Provider may withdraw from the contract subject to the

following provisions:

a) The minimum number of participants and the latest point by which the Provider may withdraw from the contract

must be clearly stated in the specific service specification or, if standard rules apply to certain types of Leisure Activities, in a

general notice or a general service specification.

b) The Provider must clearly state the minimum number of participants and the latest deadline for withdrawal in the booking

confirmation or include a reference to the relevant information in the service specification in the booking confirmation.

c) The Provider must notify the Customer of the cancellation of the Leisure Activity without delay if it is certain that the

Leisure Activity will not take place due to the minimum number of participants not being reached.

d) If a minimum number of participants has been agreed, a down payment specified in the advertisement may fall due for

payment when the booking is made; the payment of the outstanding balance/entire fee falls due when the service is rendered.

7.2 If the Leisure Activity is not performed for this reason, the Customer will be reimbursed for any payments he/she has made

on the Leisure Activity without delay.

8. Termination and withdrawal by the Customer/principal

8.1 The Customer/principal are entitled to terminate the contract with the Provider after its conclusion. No specific form is

required for the termination. However, text form is strongly recommended for termination notices. If the Customer/principal

terminates the contract or fails to utilise the services without giving notice of termination (including by not appearing to the

tour), the Provider may demand the price for any services made available as well as any associated expenses.

8.2 The cancellation fees are expressly specified in the advertisement for the Provider’s Leisure Activities. Unless the Provider

expressly states otherwise in the advertisement for the Leisure Activities, cancellation fees of 100% of the price for the service

will be charged. Section 6.2.b) applies.

8.3 If, based on the cancellation conditions stipulated by the Provider, a pro rata reimbursements to the Customer would fall

due in the event of cancellation or termination, any pro rata reimbursement of payments already made which fall due will be

made by the Provider only. Intermediaries of the Provider with debt collection authorisation are expressly not entitled or

obliged to make repayments on behalf of and on the account of the Provider.

8.4 However, the Customer is still at liberty to furnish proof to the Provider that the Provider has not suffered any damage

at all or materially less damage than the compensation demanded.

8.5 The above provisions on termination do not affect the Customer’s statutory or contractual rights in relation to defects in

the services of the Provider or any other statutory guarantee claims.

9. The Provider’s liability; insurance

9.1 The Provider’s liability is unlimited, provided that

- the losses result from a breach of a key obligation of the Provider whose fulfilment makes it possible to correctly perform the

contract at all or the violation of which jeopardises the achievement of the objective of the contract;

- the losses result from loss of the Customer's life or injury to the Customer’s body or health.

Otherwise the Provider’s liability is limited to losses caused by the Provider or its vicarious agents either intentionally or due

to gross negligence.

9.2 The Provider is not liable for the services, measures or omissions of accommodation and catering establishments or other

providers visited within the context of the tour, unless the damage is caused by (or partially caused by) a culpable breach of

duty on the part of the Provider.

9.3 The agreed services under the contract only include insurance in favour of the Customer/principal if this has been

expressly agreed. The Customer/principal is strongly advised to conclude cancellation insurance.

10. Termination for reasons relating to behaviour

10.1 The Provider may terminate the service contract with immediate effect if the Customer continues to cause disruption

despite being issued with a warning by the Provider, or if the Customer behaves in a way which breaches the contract to such

an extent that the immediate cancellation of the contract is justified.

10.2 If the Provider terminates the contract, the Provider retains the claim to the price of the service; however, the

Provider must accept deductions for any savings on expenses or any benefits which the Provider obtains from providing the

service which the Customer fails to utilise to another party.

11. Obligations of the guest

11.1 The Customer must notify the Provider of any defects in the agreed services immediately and demand remedial action.

The only time when claims which arise from the Provider rendering the services defectively or incompletely do not lapse if this

notification is omitted without fault.

11.2 When making the booking or in a timely manner before the agreed date for the Leisure Activity, the Customer will be

asked to provide a mobile phone number so that they can be contacted in the event of extraordinary circumstances. ET usually

also provides the guest or a nominated individual with a mobile phone number of the Provider of the tour.

11.3 Agreed service schedules must be adhered to punctually. If the Customer is late, he/she must notify the provider of the

Leisure Activity of this delay by the agreed scheduled time for the beginning of the tour and specify their expected time of (late)

arrival. The Provider is entitled to refuse to commence the Leisure Activity at a later point, if postponement is objectively

impossible or unreasonable, including if any subsequent services would not be able to be rendered or other mandatory business

or private appointments would not be able to be attended. As a rule, postponements of more than 30 minutes entitle the

Provider to cancel the Leisure Activity. In this case, the provisions of Section 6 of these terms apply to the Provider’s claim to

the fees.

11.4 The Customer is only entitled to abort or terminate the Leisure Activity after it has commenced if the services provided by

the Provider are highly defective and these defects are not rectified despite being appropriately notified. If the tour is aborted

or terminated without justification, there is no claim to reimbursement. This does not affect the Customer’s guarantee claims in

the event that the Leisure Activity is performed defectively.

12. Specific obligations of guests in relation to outdoor Leisure Activities

12.1 Before making the booking and taking part in the Leisure Activity, the Customer is responsible for ensuring that the

Leisure Activity are suitable for him/her, in view of his/her personal state of health.

12.2 In the absence of an express agreement, neither the Provider nor ET are obligated to provide the Customer with any

(personalised) medical advice or instructions.

12.3 The Provider and its vicarious agents (guides etc.) may exclude the Customer either wholly or partially from the tour if

there are substantiated indications that the Leisure Activities could exceed the Customer’s abilities and the Customer could

therefore place him-/herself or others at risk. Section 6 applies.

12.4 In the event that the Customer leaves or aborts the tour at his/her own request due to an injury or illness for which the

Provider was not to blame, the provisions of Section 6 apply.

12.5 The Customer is advised to wear clothes which are suitable for the Leisure Activity and which provide protection against

intense sunlight, rain or wind. The Customer is also advised to take a change of clothes. If the Customer appears at the tour

with unsuitable clothing or footwear, the Provider reserves the right to exclude the guest from the Leisure Activity either

wholly or in part for safety reasons.

13. Specific obligations of the Customer with regard to Leisure Activities entailing physical activity (e.g. hiking,

cycling, Segway etc.)

13.1 Section 12 applies to Leisure Activities entailing physical activity.

13.2 Even though the Leisure Activities are accompanied by a guide, they demand a high level of self-responsibility on the part

of the Customer.

13.3 Guests are advised to wear clothes which are suitable for the Leisure Activity and which provide protection against

intense sunlight, rain or wind. The Customer is also advised to take a change of clothes. If the Customer appears with

unsuitable clothing or footwear, the Provider of the tour reserves the right to exclude the Customer from the Leisure Activity

either wholly or in part for safety reasons.

13.4 Instructions given by the guide must be followed both before and during the Leisure Activity. Traffic rules must be

observed and due consideration paid to the other transport users.

13.5 Non-swimmers are not permitted to participate in any Leisure Activities which feature physical activities on water.

13.6 The Provider reserves the right to make changes to the planned Leisure Activities depending on the knowledge of the

Customers who wish to participate, their technical capabilities and fitness or due to unforeseen circumstances as part of the

Provider’s duties of care and duties to ensure public safety.

13.7 Unforeseen circumstances as regards the risks of Leisure Activities within the meaning of the above paragraph include,

but are not restricted to: Extreme weather conditions or returns due to injury, illness or exhaustion on the part of a

participating Customer.

14. Special provisions relating to pandemics (particularly coronavirus)

14.1 The parties agree that the Provider will always perform the agreed services in compliance and in accordance with the

official requirements and stipulations applicable at the time when the tour takes place.

14.2 The Customer declares that he/she agrees to comply with reasonable usage rules or restrictions of the Provider when

taking advantage of services and to promptly notify the Provider in the event that he/she suffers typical symptoms of illness.

15. Choice of law; place of jurisdiction; consumer dispute resolution

15.1 German law applies exclusively to the entire legal and contractual relationship between the Provider and the Customer.

The Customer may only bring legal action against the Provider at the location of the Provider’s corporate seat.

15.2 The Customer’s place of residence is decisive in terms of where the Provider may bring legal action against the

Customer. For suits brought against Customers who are traders, legal persons under public or private law or persons who have

their place of residence or habitual residence abroad or whose place of residence or habitual residence are not known at the

time when the action is brought, the location of the Provider’s registered office is agreed as the place of jurisdiction.

15.3 The above provisions do not apply:

a) if and to the extent that mandatory provisions of international conventions which are applicable to the service contract

between the Customer and the Provider stipulate more favourable conditions for the Customer, or

b) if and to the extent that mandatory provisions applicable to the service contract in the EU member state to which the

Customer belongs are more favourable to the Customer than the above provisions or the corresponding German provisions.

15.4 With regard to the law on consumer dispute settlement, the Provider hereby indicates that it will not participate in any

voluntary consumer dispute settlements. If consumer dispute settlements become obligatory for Provider following the printing

of these terms and conditions, Provider will inform the consumers in a suitable format. The Provider refers to the European

online dispute resolution platform https://ec.europa.eu/consumers/odr for all contracts concluded in electronic commerce.

© copyrighted; Noll | Hütten | Dukic Lawyers, Munich | Stuttgart 2020 - 2023

The provider of the respective Leisure Activity is the provider of leisure tourism specified in the offer.

Intermediator for the leisure activities is:

Eifel Tourismus (ET) GmbH, Kalvarienbergstr. 1, 54595 Prüm

represented by: Klaus Schäfer

Phone: +49 (0) 6551 96 56 0   Fax: +49 (0) 6551 96 56 96

E-Mail: info@eifel.info    Internet: www.eifel.info

Terms and conditions applying to offers in the online shop of Eifel Tourismus GmbH

The following terms and conditions apply to offers in the online shop of Eifel Tourismus GmbH at https://www.eifel.info

Terms and conditions for the online shop of place

Dear visitors to our online shop,

The following terms and conditions constitute, to the extent legally agreed in accordance with the statutory requirements, the content of the purchase contract or service contract concluded between you, hereinafter referred to as the "Customer”, and place. Please read these Terms and Conditions carefully before placing your order.

1. Provider and seller of the goods/services; Definitions; Scope of these Terms and Conditions; contract
language

1.1 The provider and seller of the goods and services with whom the contract is entered into in the event of the conclusion of

contract is:

Eifel Tourismus (ET) Gesellschaft mbH

Kalvarienbergstraße 1

D - 54595 Prüm

Phone: +49 6551 9656-0

Fax: +49 6551 9656-96

E-Mail: info@eifel.info

Managing Director:

Klaus Schäfer

VAT ID no.:

DE209671886

1.2 The provider/seller is abbreviated to “ET” in the following.

1.3 These terms and conditions apply to all purchase and service contracts which are concluded with ET on the website

https://www.eifel.info. For the purposes of simplification, and unless otherwise stipulated, the following will refer to the

“Purchase Contract”, “Goods” and “Seller”, even if the subject matter of the contract is a service. These terms and

conditions do not apply to package travel contracts, guest accommodation contracts for lodging services, city and guest

tours and other services provided by ET on this website as a separate service or as a travel agent

1.4 Admission tickets, vouchers and tickets for events of third party organizers (hereinafter uniformly referred to as "third

party organizer tickets") are offered by ET in the online store only in the name and for the account of the respective third

party organizer and mediated for ordering. The respective third party organizer, who becomes the contractual partner of

the customer with regard to the third party ticket, is named transparently in the respective offer of the third party ticket.

In addition and subordinate to the general regulations of the order process in these terms and conditions, the brokerage

terms and conditions of ET, which can be viewed here, shall apply to the brokered third-party tickets, with the proviso

that, within the scope of the order in the online store, an exclusively electronic order processing is agreed and the

regulations on the brokerage of travel services are to be applied accordingly to third-party tickets.

1.5 These Terms and Conditions are displayed to the Customer during the online order process and can be printed out by the

Customer and stored in a reproducible form using the button specified in the booking process.

A “consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a

purpose that cannot be attributed to their commercial or independent professional activity. An “entrepreneur” is a natural or

legal person or a partnership with legal capacity who, when entering into a legal transaction, is acting within the scope of their

commercial or independent professional activity. A legal partnership is a partnership that has the ability to acquire rights and

liabilities.

1.6 In the case of contracts with entrepreneurs, these terms and conditions will also apply as contractual content for

follow-up transactions with no further express agreement or notice.

1.7 Terms and conditions of companies as Customers, in particular purchase conditions, are not valid, even if the

Customer refers to these and/or ET is aware of them, whereby ET is not required to object to the applicability of these

terms and conditions in general or in individual cases.

The sole available contract language is German.

2. Conclusion of the Purchase Contract, storage of the contract text

2.1 The presentation of the Goods and services in the online shop does not represent a legally binding contract offer by ET

and is merely an unbinding invitation to the Customer to order Goods. By ordering the required Goods in accordance with

the following provisions, the Customer submits an offer to conclude a Purchase Contract which is binding on the Customer.

2.2 The submission of a binding contract offer by the Customer takes place in the following stages:

Selection of the required Goods

a) Transfer of the details about the required Goods to the shopping cart

b) Entry of Customer’s personal details or first name or registration as a Customer

c) Information about payment method

d) Summary of all entries by the Customer and all information about the Goods and the terms of payment

e) Display of these terms and conditions and information about the right to withdraw, consent of the Customer

to the application of these terms and conditions and confirmation of acknowledgement of the right of

withdrawal by the Customer

f) Binding order and transfer of the binding contract offer of the Customer by clicking the button “Order for a

fee”

g) Transfer of the confirmation of receipt of the Customer’s order

2.3 Before completing the order by clicking the “order for a fee” button, the Customer can use the “back” button on their

internet browser or the functionalities explained during the order to correct their entries or cancel the order process. The

order can also be cancelled at any time by closing the respective internet browser.

2.4 ET will immediately confirm receipt of any electronic orders to the Customer by sending an e-mail. This confirmation of

receipt does not yet constitute the acceptance of the Customer’s contract offer and will not therefore result in the

conclusion of the Purchase Contract and does not form any basis for rights of the Customer to conclude a Purchase

Contract in accordance with their wishes and order.

2.5 By clicking the “order for a fee” button and submitting a contract offer, the Customer is bound to this offer for three

working days, unless an alternative period is agreed by ET for the acceptance of the offer in individual cases.

2.6 The contract becomes legally binding either when the Customer receives an order confirmation in text form from ET within

the required period or when the Customer receives the ordered goods within this period or at the beginning of the

execution of the services.

2.7 ET will store the contractual text of the order. It can be accessed and viewed by the Customer at any time according to

the functionalities specified in the order process.

3. Prices, shipping costs

3.1 All prices quoted in the online shop are final prices and include statutory VAT. The prices stated at the time of ordering
apply. They include the statutory VAT.

3.2 Price changes and avoidance on account of mistake are reserved in accordance with the statutory provisions.

The sales prices valid at the time of delivery apply in the case of published products subject to controlled prices.

3.4 Shipping costs are as follows:

A flat-rate shipping charge of € 2.10 applies.

The costs for special delivery methods and express deliveries requested by the Customer will be borne by the Customer.

3.5 If the Customer asserts their withdrawal rights, they will bear the standard cost of returning the Goods if the Goods
delivered are identical to the Goods ordered.

4. Delivery, delivery time

4.1. Deliveries are made to the specified address.

4.2. If advance payment is agreed, ET will not ship the goods before receipt of payment.

4.3. In the case of advance payment, the period for delivery begins on the day after the payment order has been issued to the
transferring bank or payment service provider by the Customer or, in the case of other payment methods, the day after
conclusion of the contract, and ends upon expiry of the last day of the period. If the last day of this period falls on a Saturday,
Sunday or public holiday at the place of delivery, the next working day will take the place of such a day.

5. Payment, retention of title

5.1 Goods can be paid for by cash on delivery, credit card, (SEPA) direct debit, advance payment, PayPal or on account. ET
reserves the right to exclude certain payment methods in individual cases. We are unable to accept payments in cash or
cheques.

5.2 When paying by credit card, you will be charged after the shipment of the Goods. ET accepts the following credit cards:
Visa, Mastercard, American Express, Union Pay.

In case of payment by direct debit, the payment will be taken after the shipment of the Goods.

5.4 In the case of payment on account, the Customer is required to pay the invoice amount no later than 14 days after receipt
of the Goods with no deduction. The credit entry in the specified account of ET is decisive for the timeliness of the payment.

5.5 When paying in advance, the Customer is required to transfer the invoice amount without any deductions to the specified
account, stating the purpose of use (invoice and/or order number) within 7 days after receipt of the order confirmation in
accordance with para. 2.6. If the payment is not made within the specified period, even though ET is prepared and in a position
to duly deliver the Goods and if the Customer does not have any statutory or contractual rights of retention or withdrawal, ET can declare its withdrawal from the contract following a reminder with a reasonable grace period.

5.6 The Goods remain the property of ET until full payment.

5.7 Following a second reminder and in the case of chargebacks for credit card payments or return debits for debit entries, ET
is entitled to request a flat-rate processing fee of € 15.00 with the requirement that a claim by ET for compensation in the
event of further damages is not excluded and that the Customer remains entitled to provide evidence to ET that no or
significantly less damage has occurred than the asserted flat-rate processing fee. In the case of chargebacks for return debits
and credit card debits, proven bank charges and fees of the credit card organisations must also be reimbursed as default
damages in any case.

6. Right of withdrawal

6.1 If the Customer is a consumer, they have a right of withdrawal in accordance with the statutory provisions.

The right of withdrawal is excluded

a) in the case of the delivery of goods that are not prefabricated, if an individual selection or determination by the consumer is
decisive for the manufacture of the product or if the goods are clearly tailored to the personal needs of the consumer,

b) in the case of the delivery of goods that can spoil quickly or which have expiration date which would expire in the near
future,

c) in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if
their seal has been removed after delivery,

d) in the case of the delivery of sound or video recordings or computer software in a sealed package if the seal has been
removed after delivery,

e) subject to sentence 2 of Section 312g (2) of the German Civil Code (BGB), in contracts for the provision of services in the
areas of accommodation for purposes other than habitation, transport of goods, car rental, supply of food and beverages and
other services related to leisure activities if the contract stipulates a specific date or period for the provision,

f) in the case of the delivery of newspapers, magazines or magazines other than subscription contracts,

6.2 Please note the following information about your right of withdrawal below and additionally by following the
link.

7. Warranty

7.1 In the case of contracts with consumers, the statutory warranty provisions apply to all of the goods and services offered
in the shop.

7.2 In the case of contracts with Customers who are companies, the following applies:

a) Rights in the case of obvious defects of the goods, including obvious incorrectness or incompleteness of the delivery, only
exist if the Customer informs ET about the defect within two weeks after receipt or delivery by/to ET in text form, using the
address provided in the invoice/delivery note. The timely dispatch of the complaint is sufficient for compliance with the deadline.

b) Rejected goods are to be returned carriage paid upon request. If the complaint proves to be justified, the Customer will be
reimbursed the freight or other transport costs.

c) For all other defects which occur during the statutory warranty period of the purchased goods, the statutory rights for repair,
removal of defects, re-delivery and, in the case of applicable special statutory requirements, the extended claims for reduction
and/or damages will apply in accordance with the customer’s choice.

d) The warranty period is 1 year.

8. Liability of ET

8.1 ET is liable for defects and delivery delay

a) at the full amount of damage in the case of intent, gross negligence and damage to life, body or health,

b) on the basis of the cause in the case of all culpable violation of essential contractual obligations

c) apart from these obligations, subject to their merits also on the basis of the cause for intent and gross negligence by
ordinary vicarious agents,

d) whereby the amount in each case pursuant to b) and c) is only for compensation of typical, foreseeable damage

8.2 Liability for intent, warranty, malice and for personal injury in addition to liability according to the Product Liability Law
[Produkthaftungsgesetz] remains unaffected by these provisions.

8.3 In the case of claims based on damages which have been caused by ET, its legal representatives or vicarious agents, ET is
liable without limitation in all cases

- In the case of injury to life, body or health

- In the case of an intentional or grossly negligent breach of duty

- In the case of a promise of guarantee, if agreed, or

- To the extent that the scope of application of the Product Liability Act applies.

8.4 In the event of a breach of essential contractual obligations which must be fulfilled for the proper execution of the contract
and compliance with which the contractual partner is generally able to rely on (cardinal obligations) as a result of minor
negligence on the part of ET, its legal representatives or vicarious agents, liability is limited to the amount foreseeable at the
time of conclusion of the contract, the occurrence of which should typically be expected.

8.5 Any further claims for damages are hereby excluded.

9. Data protection; storage, deletion and correction of Customer data; information about stored data

9.1 During the initiation, conclusion, settlement of and withdrawal from a Purchase Contract, ET collects, stores and processes
data within the scope of the statutory provisions. You can find out more about your rights in the privacy policy, which is
available at https://www.eifel.info/datenschutz

9.2 When a Customer visits ET’s online shop, the IP address currently used by the Customer’s PC will be logged.

9.3 The Customer’s personal data is only used and processed for correspondence with the Customer and only for the purpose
of processing the order. This data is only forwarded to any shipping companies commissioned with the delivery, to the extent
necessary for the delivery of the goods. The payment details are forwarded to the referred bank to process the payment.

9.4 Unless explicitly agreed otherwise by the Customer for future use of the data, it will only be stored until completion of the
order or any withdrawal from the contract. If any commercial or tax retention periods are required for specific data, in particular
order confirmations and invoices, the data may be stored for a longer period of up to ten years.

9.5 The Customer has the right to request the deletion, correction or blocking of their data at any time or to revoke consent it
has given. The Customer is entitled to receive information about the personal data concerning him/her which is saved at any
time. More information about the Customer as a data subject can be found in ET’s privacy policy which is available at:
https://www.eifel.info/datenschutz. Corresponding requirements for information requests, erasure, correction or amendment
are to be sent to ET using the address provided in para. 1.1 with communication details.

10. Applicable law, place of jurisdiction, information about consumer dispute settlement; other

10.1 German law applies exclusively to the entire legal and contractual relationship between ET and the Customer. This choice
of law only applies to consumers to the extent that it does not restrict or exclude any mandatory statutory provisions of the
state in which the consumer has their domicile or habitual residence.

10.2 If the Customer is not a consumer, the exclusive place of jurisdiction for any disputes arising from the legal and
contractual relationship between ET and the Customer is the registered office of ET.

10.3 With regard to the law on consumer dispute settlement, ET hereby indicates that, in the event that these terms and
conditions are published, ET does not have any obligation to participate in consumer dispute settlement and ET will not
participate in any voluntary consumer dispute settlements. If consumer dispute settlements become obligatory for ET, ET will
inform the consumers in a suitable format. ET refers to the European online dispute resolution platform
https://ec.europa.eu/consumers/odr/ for all contracts concluded in electronic commerce.

10.4 Should any of the above-mentioned provisions or other agreements be or become invalid within the scope of the purchase
contract, this will not affect the validity of the remaining provisions or the contract as a whole. The provisions of section 306
para 3 BGB remain unaffected.

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© copyrighted; Noll | Hütten | Dukic Lawyers, Munich | Stuttgart 2015 - 2023

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Status of this version: September 2022

Information on withdrawal regarding the purchase of Goods

Information on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without having to state your reasons for doing so.

The withdrawal period is fourteen days, running from the day on which you, or a third party nominated by you (who is not the transporter) took possession of the Goods.

To exercise your right of withdrawal, you must inform us [Eifel Tourismus (ET) Gesellschaft mbH, Kalvarienbergstraße 1, 54595 Prüm, Phone: +49 6551 9656-0, Fax: +49 6551 9656-96, E-Mail: info@eifel.info] by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the template withdrawal form, but it is not obligatory.

To comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we must reimburse to you all payments which we have received from you, including the delivery costs (apart from any additional costs which accrued because you chose a different type of delivery than the cheapest standard delivery, which we offer) without delay but in any case within fourteen days of us receiving the notification of your withdrawal from this contract. We will use the same payment method to make such reimbursements as you used for the original transaction, unless expressly agreed otherwise; under no circumstances will you be charged any fees for the reimbursement. We can decline to make reimbursements until we have receive the Goods back from you or until you provide proof that you have sent the Goods back, whichever is earlier.

You must return or hand back the Goods without delay but in any case within fourteen days of notifying us that you are withdrawing from the contract. To comply with the deadline, it is sufficient for you to send off the Goods before the fourteen-day period expires.

You bear the direct costs of returning the Goods.

You are only liable for any loss of value of the Goods if this loss of value is due to the Goods having been handled in a way which was not necessary for the inspection of the condition, properties and functioning of those Goods.

Information about withdrawal for contracts for services

Information on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without having to state your reasons for doing so.

The withdrawal period is fourteen days running from the day when the contract is concluded.

To exercise your right of withdrawal, you must inform us [Eifel Tourismus (ET) Gesellschaft mbH, Kalvarienbergstraße 1, 54595 Prüm, Phone: +49 6551 9656-0, Fax: +49 6551 9656-96, E-Mail: info@eifel.info] by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the template withdrawal form, but it is not obligatory.

To comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we must reimburse to you all payments which we have received from you, including the delivery costs (apart from any additional costs which accrued because you chose a different type of delivery than the cheapest standard delivery, which we offer) without delay but in any case within fourteen days of us receiving the notification of your withdrawal from this contract. We will use the same payment method to make such reimbursements as you used for the original transaction, unless expressly agreed otherwise; under no circumstances will you be charged any fees for the reimbursement.

If you have requested services to commence during the withdrawal period, you must pay us an appropriate amount which corresponds to the portion of the services which have already been rendered in relation to the total scope of services under the contract in the period until you notified us that you are exercising your right of withdrawal in relation to this contract.

Template withdrawal form

Template withdrawal form

(If you wish to withdraw from the contract, please fill out and return this form).

To [Eifel Tourismus (ET) Gesellschaft mbH, Kalvarienbergstraße 1, 54595 Prüm, E-Mail: info@eifel.info)

I/we (*) hereby the contract I/we (*) concluded for the purchase of the following

Goods (*)/ services (*)

Ordered on (*)/received on (*)

Name of the consumer

Address of the consumer

Signature of the consumer (only if notification is submitted in paper form)

Date

(*) Delete as appropriate

Form sheet containing information for package tour travellers in accordance with §651 of the German Civil Code

The combination of travel services offered to you is a package tour as defined in EU Directive 2015/2302.
You are therefore entitled to claim all EU rights applicable to package tours. Eifel Tourismus (ET) GmbH bears full responsibility for the statutory coverage of the reimbursement of your payments, and if transport is included in the package tour, to ensure that you are returned home should it be subject to insolvency proceedings.
The key rights as specified in EU Directive 2015/2302

• Travellers receive all the important information regarding the package tour before signing the package tour contract.
• At least one company is liable in all cases for the orderly provision of all services included in the contract.
• The travellers receive an emergency telephone number or information regarding a contact point via which they can contact the tour operator or a travel office.
• The travellers may transfer the package tour to another person - within a reasonable period of time and at additional cost under certain circumstances.
• The price of the package tour may only be increased when certain costs (such as fuel prices) are raised and when this is expressly stipulated in the contract, and in all cases up until 20 days at the latest before the package tour begins. Should the price increase exceed 8% of the package tour price, the traveller may withdraw from the contract. Should a tour operator reserve the right to increase the price, the traveller has the right to reduce the price when the corresponding costs decrease.
• The travellers may withdraw from the contract without paying a withdrawal fee, and retain full reimbursement of all payments, when one of the key components of the package tour is significantly altered, with the exception of the price. Should the company responsible for the package tour renege before the start of the package tour, travellers have the right to claim a cost reimbursement and, under certain circumstances, damage compensation.
• The travellers may withdraw from the contract, without payment of a withdrawal fee, should unusual circumstances arise before the start of the package tour, such as in cases where severe security problems arise at the place of destination which are likely to negatively impact on the package tour.
• In addition, travellers may withdraw from the contract before the start of the package tour, on payment of a reasonable and justifiable withdrawal fee.
• Should it not be possible to provide key components of the package tour as defined in the contract after the start of the package tour, the traveller must be offered reasonable alternative arrangements without added cost. The traveller may withdraw from the contract without payment of a withdrawal fee (in the Federal Republic of Germany, this right is known as “the right to termination”) when services are not provided as defined in the contract, and this has a significant effect on the provision of the contractual package tour services, and the tour operator has failed to address the problem.
• The traveller has the right to claim a reduction in price and/or damage compensation when the travel services are not provided, or not provided in the correct manner.
• The tour operator provides assistance to the traveller should the traveller be in difficulty.
• Should insolvency proceedings begin against the tour operator, payments shall be reimbursed. Should insolvency proceedings begin against the tour operator, or, if appropriate, against the tour broker, after the start of the package tour, and if transportation is included in the package tour, the return transportation of the travellers is guaranteed. Eifel Tourismus (ET) GmbH has signed an insolvency insurance agreement with HanseMerkur Reiseversicherung AG. Travellers may contact this institution if they are refused the provision of services due to insolvency proceedings against Eifel Tourismus (ET) GmbH. HanseMerkur Reiseversicherung AG, Siegfried-Wedells-Platz 1, 20345 Hamburg, Tel. +49 40 53799360, insolvenz@hansemerkur.de

The website containing EU Directive 2015/2302, in the form implemented in national law is: www.umsetzung-richtlinie-eu2015-2302.de (in German)