General terms and conditions of business
General terms and conditions for the offers of Tix and Travel GmbH, (as of 17.07.2020)
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts between us, Tix & Travel GmbH, Hamburg, Gertigstraße 4, 22303 Hamburg, https://tix-and-travel.myshopify.com/pages/impressum (Provider) and our customers , which are concluded in our sales rooms, the "Kartenhaus" at Gertigstrasse 4, 22303 Hamburg, as well as by telephone, email or on the platform https://tix-and-travel.com . In addition to the provisions of these General Terms and Conditions, the statutory provisions apply.
1.2. Any deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity.
2) Conclusion of contract / Contract language / Storage of contract text
2.1 The presentation or advertising of services or goods in our sales rooms and the online platform does not constitute a binding offer to conclude a purchase contract.
2.2 On the Internet platform, the customer's order is sent to us after filling out the contact form. In addition, inquiries by telephone and email constitute an order if the customer expresses his or her desire to purchase services or goods from us. The order represents a legally binding offer to which the customer is bound for seven (7) calendar days. A right of withdrawal is excluded by law (point 3).
2.3 After we receive the order via the contact form, by email or by telephone, we will immediately confirm receipt of the order to the customer by email. The order confirmation does not constitute acceptance of the contract offer unless acceptance is declared at the same time.
2.4 A contract between us and the customer is concluded by declaration of acceptance by e-mail, the request for payment or by delivery of the ordered goods.
2.5 The customer may only conclude the contract in German.
2.6 Before placing a binding order in the online shop, you have the option of saving the contract text. We do not save the contract text of the contract concluded with the customer. In addition, the customer will receive the contract terms with information on the ordered goods, including these General Terms and Conditions and the cancellation policy, by email.
3) Legal exclusion of the right of withdrawal
In the case of contracts for the provision of services in the areas of accommodation for purposes other than residential purposes and for the provision of other services in connection with leisure activities, the customer has no right of withdrawal because the contract between the provider and the customer stipulates a specific date or period for the provision. (Section 312g Paragraph 2 No. 9 BGB).
4) Delivery costs / delivery time / availability
4.1 Deliveries are always made at the customer's expense unless otherwise agreed. A charge of €4.70 will be made for sending a registered letter.
4.2 The tickets will be delivered no later than 1 week before the event, unless a different delivery time is stated on our online platform or other advertising media or something else has been agreed. The delivery time begins when the contract is concluded. In certain exceptional cases, particularly for package tours, we reserve the right to hand over the tickets on site at the hotel, at one of our VIP pick-up stations or by a customer service representative on site.
4.3 If the service or goods are not available at the time of the order, we will inform the customer immediately. If the product is permanently unavailable, we will not accept the customer's contract offer and no contract will be concluded. If the service or goods are only temporarily unavailable, we will also inform the customer immediately.
5) Prices and payment terms
5.1 The purchase prices in our online shop are gross prices including statutory sales tax plus any shipping costs (see 4.1). The total price including sales tax and shipping costs is shown to the customer on the order overview page before placing the order.
5.2 The purchase price is due upon conclusion of the purchase contract.
5.3 The following payment methods are available to the customer: cash, credit card (VisaCard, MasterCard, American Express, V Pay), EC card, invoice.
5.4 The purchase price and shipping costs must be paid no later than two weeks after receipt of the product and our invoice, unless the purchase price is to be paid upon delivery or in advance.
6) Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
7) Warranty
The warranty for material or legal defects is governed by the applicable statutory provisions.
8) Liability
8.1 We are liable to the customer in accordance with the statutory provisions for damages and reimbursement of expenses in the event of culpable injury to life, body or health, as well as in the event of intent and gross negligence, in the event of fraudulent concealment of a defect or a guarantee assumed by us, and in accordance with the Product Liability Act.
8.2 We are also liable for slightly negligent breach of a material contractual obligation. Material contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies and may rely. In these cases, however, our liability is limited to compensation for foreseeable, contract-typical damage.
8.3 Furthermore, liability for damages and reimbursement of expenses – regardless of the legal basis – is excluded.
8.4 The above provisions also apply to the benefit of our legal representatives and vicarious agents if claims are asserted directly against them.
9) Applicable law and place of jurisdiction
9.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and has his or her habitual residence in another country at the time of the order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made.
9.2 The customer can only sue the provider at its registered office.
9.3 For claims brought by the provider against the customer, the customer's place of residence is decisive. For claims against customers who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad or whose place of residence or habitual abode is unknown at the time the claim is filed, the place of jurisdiction is the provider's registered office.
9.4 For customers who are not nationals of a member state of the European Union or Swiss citizens, the entire legal and contractual relationship between the customer and the provider is subject exclusively to German law. Such customers can only sue the provider at its registered office.
10) Dispute settlement
10.1 The European Commission provides a platform for online dispute resolution. You can find this at https://ec.europa.eu/consumers/odr/.
10.2 We are neither willing nor obliged to participate in dispute resolution proceedings.
11) Ticket presales and vouchers
11.1 The provider is not the organizer of the concerts and events offered. The events offered are carried out by the respective organizer. This is the issuer of the tickets for the event. The provider only resells the tickets. By purchasing the ticket, contractual relationships with regard to attending the event are established exclusively between the holder of the ticket and the respective organizer. The provider only acts as a reseller unless it is expressly identified as the organizer in the individual case. By ordering the tickets, the customer instructs the provider to process the ticket purchase. The course and content of the respective event are the responsibility of the organizer. The general terms and conditions of the organizer and the house rules of the respective venue must be observed.
11.2 When purchasing tickets for a leisure event, there is no right of cancellation and therefore no right of return within the meaning of Section 312g Paragraph 1 of the German Civil Code (BGB). Every order of tickets by the customer is binding and obliges him to pay for the tickets ordered (Section 312g Paragraph 2 Number 9 of the German Civil Code). Exchange and return of correctly delivered tickets is excluded.
11. 3 In the event of cancellation, postponement or change of an event, the organizer decides on the further procedure. The provider has no obligation to provide information. This is the responsibility of the respective organizer.
11.4 If the event is cancelled, the respective event organiser will exchange the tickets for tickets of the same price category for another date or, at the buyer's discretion, refund the purchase price upon return of the tickets. The exchange or return must be made within six weeks of the event being cancelled. The service fee and shipping costs will not be refunded if the tickets are exchanged. If the tickets are returned, the refunds will be made, minus the shipping costs, by transfer to an account specified by the customer.
11.5 If tickets are lost or stolen and the provider is notified in writing in good time, the customer is only entitled to a replacement if the tickets can be blocked. In this case, the customer will be provided with a replacement ticket against payment of a processing fee of €5.
11.6 The purchase price of a ticket includes the regular fees and costs. For events that are not yet included in V11.7 Order processing
Unless otherwise agreed, tickets will be handed over to the customer in the Kartenhaus store in Hamburg. If expressly agreed, the tickets will be sent to the customer by post at the customer's risk after full payment has been received. A service fee and shipping costs per delivery will be charged for postal delivery and order processing, regardless of the delivery address, and these are to be paid together with the purchase price.
11.8 Liability
The provider is not an organizer and is therefore not liable for the proper execution of events. The organizer's liability remains unaffected.
With regard to the services provided by the provider, he, his legal representatives and his vicarious agents are only liable in the event of intent or gross negligence. In the event of a breach of essential contractual obligations, liability also exists in the event of simple negligence, but is limited to foreseeable, contract-typical damage. Claims for damages resulting from injury to life, body or health as well as under the Product Liability Act remain unaffected by the above restrictions.
The provider is liable for material defects that do not affect the execution of the event in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For businesses, the warranty period for items delivered by the provider is 12 months.
An additional guarantee only exists for the goods delivered by the provider if this was expressly stated in the order confirmation for the respective article.
11.9. Vouchers
The customer can purchase gift vouchers for events. To do so, he can purchase reloadable credit cards. After loading the credit card with a credit amount, it can be used like cash to pay the provider in the Kartenhaus store in Hamburg.
Cards with no contribution value printed on them can be recharged indefinitely at the card house. Cards with a contribution value can be recharged up to the amount printed on them.
The provider assumes no liability in the event of loss, theft or illegibility of the credit card. The credit on the card does not bear interest or be paid out in cash.
The provider reserves the right to automatically deactivate cards that have no credit for more than 6 (six) months. Cards with credit expire automatically after 3 (three) years, starting with the last top-up of the card. After this period, the card loses its validity without further notice and any remaining credit is lost.
11.10 Data protection and data processing
The collection, processing and use of the customer's personal data is carried out exclusively to the extent necessary for the establishment, design or modification of the contractual relationship in an automated process in compliance with the statutory data protection regulations by the provider. The provider is entitled to transmit this data to third parties commissioned to carry out the order, insofar as this is necessary to fulfill the contract.
11.11 Final provisions
Should any provision of these General Terms and Conditions for Ticket Sales be or become invalid, this shall not affect the validity of the remainder of the contract.
General booking and travel conditions for package tours of Tix & Travel GmbH
1) Definitions
1. In these General Booking and Travel Conditions for Package Travel (hereinafter: General Terms and Conditions), the following terms and conditions apply:
a. Third party: any other (legal) person who is not Tix & Travel GmbH, a traveller or fellow traveller;
b. Traveller: the contractual partner(s) of Tix & Travel GmbH;
c. Tix & Travel GmbH: the limited liability company Tix & Travel GmbH with its registered office in Hamburg and registered in the commercial register under the number HRB 160611;
d. Contract: the contract, i.e. all agreements between Tix & Travel GmbH and the traveller for the implementation of a (package) trip or other related service (except the sale of tickets). The sale of (individual) tickets is subject to the general terms and conditions of Tix & Travel GmbH.
e. Travelling companion(s): the natural person(s) carrying out the trip on the basis of the contract with the Traveller, in whose name the Traveller has made the booking.
2) Applicability of the General Terms and Conditions
1. These General Terms and Conditions apply to all offers and contracts with Tix & Travel GmbH towards the traveller in connection with package tours.
2. A package holiday within the meaning of the previous paragraph exists if a booking with Tix & Travel GmbH consists of at least two different services for one trip. A travel service is, for example, transport (bus, train or flight), accommodation (apartment or hotel room) or another tourist service such as attending a sporting event.
3. Deviations from these General Terms and Conditions are only valid if and to the extent that they have been expressly confirmed in writing by a representative of Tix & Travel GmbH. Any application of the traveler's own (general) terms and conditions is expressly excluded.
4. The traveler guarantees that his fellow travelers are familiar with these General Terms and Conditions and will comply with them. Any damage resulting from the non-compliance with these General Terms and Conditions by fellow travelers will be borne entirely by the traveler.
3) Offers and information
1. Offers from Tix & Travel GmbH are always subject to change and are subject to interim changes.
2. No rights can be derived from the information on websites, leaflets, flyers, newspapers and other media on which the items and services of Tix & Travel GmbH are advertised. The information contained in these media is non-binding. This information can only be considered binding with written confirmation from Tix & Travel GmbH - subject to obvious omissions and errors. 3. Information on prices and fees is also subject to obvious errors and omissions.
4. The traveler is responsible for informing himself from the relevant authorities about all requirements and obligations with regard to travel documents and visa requirements. Tix & Travel GmbH is not liable under any circumstances for damages resulting from failure to comply with this obligation to provide information. However, Tix & Travel GmbH will, if necessary, provide general information about visa requirements in the destination country. If necessary, Tix & Travel GmbH will also provide information about the approximate time required to apply for a visa. It is mandatory for children and babies to have their own travel document. Entering children in a parent's travel document is not sufficient.
5. If a traveller is travelling with a child under the age of 15 and this child has a different surname than the traveller, the traveller must provide a (signed) declaration in English stating that the other parent gives permission for the trip in question to take place. This declaration must also be accompanied by a copy of a valid proof of identity of the parent who is left behind.
6. The traveller is independently responsible for informing himself/herself from the relevant authorities whether health advice (e.g. regarding vaccinations and other preventive measures to prevent disease) is recommended or required for his/her travel destination(s). Tix & Travel GmbH recommends that you always seek advice from your family doctor, the local health service, the Ministry of Health or the National Coordination Office for Travel Advice. Tix & Travel GmbH is not liable for damage resulting from the - unjustified - omission of (preventive) measures. However, Tix & Travel GmbH will provide - if relevant - information on health formalities in the destination country.
4) Accommodation
1. The description of an accommodation in the travel offer is created by Tix & Travel GmbH as truthfully and objectively as possible. An accommodation complex often contains many different types of accommodation, which can differ in terms of layout, size, equipment and view. The information provided on the website (including: images and texts) only gives an impression of the layout, size and/or view of the respective accommodation. It is possible that the accommodation differs from the images or descriptions in the travel offer.
2. There is no international standard for awarding stars (or any other form of rating) to accommodation. Tix & Travel GmbH generally uses the category of accommodation according to common usage in the respective country. Often, the authorities in these countries apply subjective criteria based on local norms and values. The categorization of accommodation is only indicative and does not create any rights for the traveler.
5) Execution and conclusion of the contract
1. The information on the Tix & Travel GmbH website merely represents an invitation to the traveler to submit an offer based on the information presented. A contract is only concluded between the traveler and Tix & Travel GmbH when Tix & Travel GmbH accepts an offer from the traveler to conclude a package travel contract in writing (also by email, whether automated or not). The contract is only concluded when the traveler accepts the general terms and conditions of Tix & Travel GmbH without restriction and without reservation.
2. Every offer from Tix & Travel GmbH is non-binding. Tix & Travel GmbH is entitled to revoke concluded contracts after the contract has been concluded. If and to the extent that Tix & Travel GmbH wishes to exercise its right of revocation, Tix & Travel GmbH must inform the traveler of this immediately, but no later than within 72 hours of confirmation of the contract by Tix & Travel GmbH by email, in writing (or by email).
3. In the event of a cancellation by Tix & Travel GmbH in accordance with the previous paragraph, a corresponding refund of any payments already made by the traveler towards the travel price will be made within 30 days of the traveler being notified of the cancellation in writing.
4. The traveler guarantees that he will provide Tix & Travel GmbH with all relevant information about himself and his fellow travelers. The traveler cannot rely on information that he did not provide to Tix & Travel GmbH before the contract was concluded.
5. Relevant information in any case includes information about the physical and mental condition of the traveller or his/her fellow travellers which is relevant for the performance of the contract.
6. Relevant information also includes all information required to book services (e.g. flight tickets) with third parties. Any damage caused by incorrectly provided information will be entirely at the traveler's expense.
7. If and to the extent that the traveler does not provide Tix & Travel GmbH with the aforementioned data and/or information, Tix & Travel GmbH is entitled to exclude the traveler and his/her fellow travelers from participating in the trip, and the traveler is liable for all damages that may arise from non-compliance with the obligation to provide information.
8. According to Section 312 b Paragraph 3 No. 6 of the German Civil Code (BGB), the traveler is not entitled to revoke or terminate the contract.
9. When booking, the traveler can indicate special preferences or wishes (e.g. single beds in a double room or medical requirements or needs such as a wheelchair-accessible room). Tix & Travel GmbH endeavours to take the traveler's preferences and wishes into account as far as possible. However, Tix & Travel GmbH does not guarantee that the wishes and/or preferences expressed by the traveler will be fulfilled.
10. Medically indicated preferences or needs are, however, guaranteed, unless expressly stated otherwise in writing by Tix & Travel GmbH.
11. In the case of a round trip, the above guarantee only applies to the hotel on site and never to transport sections, meals or hotels en route.
12. Tix & Travel GmbH is not obliged to fulfill any request (or requirement or wish) of the traveller.
13. Tix & Travel GmbH is entitled to charge the traveler a processing fee of € 27.00 per request or preference request.
14. It is possible that the traveller has to pay a surcharge to a service provider during the trip if the (medically indicated) preference entails additional costs (e.g. in case of a special diet).
15. Pets are not allowed during the trip.
6) Contract amendment by Tix & Travel GmbH
1. Tix & Travel GmbH has the right to change the contract if the changes are minor and, in the opinion of Tix & Travel GmbH, do not have a significant impact on the performance of the contract. Tix & Travel GmbH will inform the traveler of such changes as far as this is reasonably possible.
2. If Tix & Travel GmbH is forced to make more than just minor changes to the contract, Tix & Travel GmbH will immediately inform the traveler of the intended change. The traveler must then immediately inform Tix & Travel GmbH (within 48 hours at the latest if the trip begins within 7 days) whether he or she wishes to make use of the offer to change the contract. If the traveler wishes to reject the offer, he or she can withdraw from the contract free of charge. In the event of withdrawal, the provision in Article 5.3 applies. The previous provision only applies if and to the extent that the change leads to a disadvantage for the traveler. If the change is an upgrade or an improvement in the travel conditions, the traveler is not entitled to withdraw from the contract (or otherwise terminate it).
3. If the traveller has not indicated within the period referred to in paragraph 1 whether he wishes to make use of the offer to modify the contract, the offer shall be deemed to have been accepted and the traveller may not invoke withdrawal (or any other form of termination) of the contract.
4. In the event of a change in the fuel costs, fees, taxes and premiums set by and on behalf of an authority, as well as the fees charged by third parties who are not directly involved in the execution of this contract, Tix & Travel GmbH is entitled to immediately make a corresponding adjustment (increase or decrease) to the prices and fees charged.
5. Tix & Travel GmbH must inform the traveller of any price or tariff increase at least 20 days before departure and implement it.
6. If Tix & Travel GmbH increases the price by more than 8% in accordance with paragraph 4 of this article, the traveller has the right to withdraw from the contract free of charge.
7. In many cases, Tix & Travel GmbH is dependent on third parties to implement the contract. This means that flight times, for example, may change. The traveler must check the exact flight times 24 hours before the trip, as these may change (e.g. due to force majeure). Tix & Travel GmbH is entitled to change these travel and flight times, and Tix & Travel GmbH is not liable for any damage resulting from this.
7) Help and support
1. Tix & Travel GmbH will provide the traveller with assistance and support if the traveller gets into distress during the trip. This assistance and support consists of appropriate information about medical services, local authorities, consular assistance, assistance in using means of communication and finding alternative travel options.
2. If the problems that arise are due to the traveller's intention or negligence, the actual costs of providing assistance (including the costs of Tix & Travel GmbH) shall be borne by the traveller. The amounts charged to the traveller may not exceed the actual costs of providing assistance and support.
3. If the problems are not due to intent or negligence on the part of the traveler or to intent or negligence on the part of Tix & Travel GmbH, each party shall bear its own costs.
8) Contract changes by the traveller
1. The traveler can request Tix & Travel GmbH to change the trip up to 42 days before the start of the trip. After this time, no further changes are permitted.
2. Tix & Travel GmbH will endeavour to comply with the traveller's request, but is not obliged to do so. Tix & Travel GmbH reserves the right to make changes depending on availability (and capacity) and the general terms and conditions of other service providers.
3. The costs resulting from the change of the trip are to be borne by the traveler.
4. In the event of a change, the traveller must in any case pay a processing fee of € 29.00 to Tix & Travel GmbH.
4. Requests regarding contract changes by the traveler can only be sent by email to the following email address: office@tix-and-travel.com
9) Appointment of third parties
1. The traveler can request Tix & Travel GmbH to replace one or more participants in the trip with one or more third parties up to 7 days before the start of the trip at the latest. After this time, such a request can no longer be met.
2. The appointment of third parties in accordance with the previous paragraph is only possible: 1) if the new participant meets all the requirements of the package tour (e.g. age); and 2) if the (general terms and conditions of) the service providers involved in the tour (e.g. hotels and airlines) do not contradict the appointment.
3. All costs associated with the deployment (including, for example, the costs invoiced by the respective service providers and the costs of Tix & Travel GmbH) are borne by the traveler. The traveler, the person(s) to be deployed and the persons replacing him/her are jointly and severally liable for the payment of the costs arising from the deployment.
4. Requests for changes by the traveler can only be sent by email to the following email address: office@tix-and-travel.com
10) Travel guide
1. During certain group tours, a tour guide will be present. The tour guide usually speaks English and German, but Tix & Travel GmbH cannot guarantee the tour guide's language skills.
2. The tour guide will endeavour to support the traveller on site as much as possible. The tour guide is not obliged to provide the traveller with individual support (e.g. during a visit to a (dental) doctor or to the local authorities).
3. If a tour guide is present, the traveller is obliged to inform the tour guide immediately of any deficiencies in the trip that he claims.
11) Conditions of carriage for air travel
1. If the package includes one or more flights, the general conditions of carriage of the air carriers operating the flight(s) apply. In addition, the additional conditions for air travel indicated on the traveller's ticket apply.
2. The passenger must report to the airport check-in counter at least 2.5 hours before the departure time indicated on the ticket. If the passenger does not arrive at the airport at the prescribed time, the passenger may miss his/her flight or lose his/her right to transport by air.
3. In the case of paragraph 2 sentence 2, Tix & Travel GmbH is not liable for any damages that the traveler may suffer as a result of the missed flight. Any additional costs that may arise are to be borne by the traveler.
4. The specified departure times and departure airports are stated in the booking confirmation. Flight times are subject to change. Whether a change takes place depends on many factors (e.g. weather conditions, airspace congestion, military air traffic, environmental and noise standards and air traffic control conditions). If the original departure times and/or the departure airport are changed, Tix & Travel GmbH will inform the traveler as soon as possible. It is important that the traveler can be easily reached (shortly before the trip); if the traveler cannot be reached, the consequences are at the traveler's expense. In this case, Tix & Travel GmbH is not liable for damages caused by the traveler not being able to be reached.
5. If a traveler's flight is delayed, the traveler may, in certain cases, claim compensation from the airline in accordance with European regulations. Tix & Travel GmbH is not liable for any direct or indirect damage resulting from the delay of a flight.
6. The traveler guarantees that the information he or she provides is correct. The names on the flight ticket must match the names on the travel documents. The first official name and last name must be indicated on the flight ticket. In the case of married persons who have taken the name of their spouse, the maiden name must be indicated on the flight ticket.
7. If it turns out that the name on the flight ticket does not match the name on the travel document, the airline may refuse to allow the passenger to board the flight. In this case, depending on the airline, a new ticket must be purchased or the original ticket must be changed. The associated costs are entirely borne by the passenger.
8. It is the passenger's responsibility to check the permitted dimensions of baggage. These baggage size requirements may vary from airline to airline. If the dimensions of the passenger's baggage exceed the dimensions prescribed by the airline, all related costs will be borne by the passenger.
12) Conditions of carriage for bus journeys and transfers
1. The boarding time and departure point of the bus trip or transfer are indicated in the booking confirmation or on the voucher provided.
2. The passenger does not have a fixed seat on the bus. If the passenger needs to sit in the front of the bus for medical reasons, the passenger must indicate this in advance. When requesting a seat in the front of the bus, the passenger must, upon request, present a medical certificate stating that the passenger's health does not allow for any other seat. In the above case, a seat in the third row is reserved for the passenger.
3. Each person is allowed to carry 1 suitcase weighing a maximum of 20 kg and 1 piece of hand luggage.
4. If the traveler wishes to take additional luggage, he must obtain permission from Tix & Travel GmbH in advance. Tix & Travel GmbH is entitled to charge a fee for taking additional luggage.
5. Luggage service is never included in the bus trip or transfer, so the driver will not carry any luggage.
6. Tix & Travel GmbH is under no circumstances liable for damages (direct or indirect) caused by the delay of a bus journey or a transfer.
13) Liability, warranty and damages
1. Tix & Travel GmbH shall not be liable if the execution of the contract does not meet the traveller’s expectations due to force majeure or a cause attributable to a third party.
2. The liability of Tix & Travel GmbH for damages (direct and indirect) is limited at all times to three times the travel price. This limitation of liability does not apply if the damage was caused intentionally or through gross negligence on the part of Tix & Travel GmbH. This limitation of liability also does not apply in the case of personal injury.
3. Any claim for damages shall become time-barred after two years.
4. If the contract (or a service covered by it) is subject to a convention or regulation of the European Union, Tix & Travel GmbH may invoke an exclusion or limitation of liability arising from this contract or this convention.
5. The traveler is liable for all damage that he or his fellow travelers cause to the property of Tix & Travel GmbH or third parties; this liability also extends to costs incurred by these third parties due to the traveler's actions or omissions.
6. Tix & Travel GmbH (or a third party commissioned by Tix & Travel GmbH to execute the contract) may at any time deny the traveler the right to accommodation or access to the means of transport, remove the traveler from it or have it removed and in this case claim compensation from the traveler if: 1) the traveler behaves in such a way that damage occurs (or threatens to occur); 2) the traveler does not comply with the regulations of Tix & Travel GmbH (and/or third parties engaged by Tix & Travel GmbH) if these regulations were previously communicated to the traveler; 3) the traveler hinders third parties in enjoying their trip or otherwise causes hindrance or nuisance.
7. If the Traveller is denied access on the basis of the foregoing, the Traveller shall not be entitled to a refund of any amount paid by him.
8. The limitations of liability set out in these General Terms and Conditions do not apply if the traveller’s damage consists of personal injury or if this damage is caused by the intentional or gross negligence of Tix & Travel GmbH or its employees or agents.
14) Withdrawal
1. The traveler can (partially) withdraw from the contract before the start of the trip. In the event of withdrawal, the traveler is obliged to pay compensation to Tix & Travel GmbH. The amount of compensation is a maximum of the total cost of the trip.
2. In case of cancellation, the traveller owes the following compensation:
Days before departure: Percent of the travel price
< 14 = 100%
14 > - < 28 = 90%
28 > - < 56 = 80%
> 56 = 50%
3. The above does not apply if something else has been expressly agreed between Tix & Travel GmbH and the traveler.
15) Payment
1. The prices stated on the website include statutory sales tax. In addition to this price, Tix & Travel GmbH charges a one-off surcharge for processing the booking (service fee). Tix & Travel GmbH also charges a customer contribution of €15 per booking as part of the guarantee scheme of the STO Guarantee Fund.
2. Due to local regulations, local taxes or surcharges (such as - but not limited to - tourist tax) may be incurred during the trip within the framework of the contract. These taxes and surcharges are at the expense of the traveler.
3. The entire contractually agreed price for the trip is due immediately after conclusion of the contract and must be paid in advance to Tix & Travel GmbH. If and to the extent that the traveler has not paid the full amount before the start of the trip, Tix & Travel GmbH is entitled to cancel or terminate the contract with the traveler.
4. Tix & Travel GmbH is entitled to carry out security checks (periodically or otherwise) to prevent the misuse of credit cards and bank accounts. Tix & Travel GmbH may therefore request additional information from the traveler to determine the identity of the traveler and the lawful use of the credit card or bank account. If the traveler fails to comply with the aforementioned request, Tix & Travel GmbH is entitled to terminate the contract with the traveler and to invoice the traveler for the damage incurred.
5. If the traveler does not meet his payment obligations within a set period, he will owe the corresponding default interest. After a reminder has been issued, the traveler will also owe the extrajudicial costs.
6. The extrajudicial costs amount to a maximum of 15% on the first € 2,500.00, 10% on the next € 2,500.00, 5% on the next € 5,000.00 and 1% on all amounts above that.
16) Minimum number of participants
1. Tix & Travel GmbH has the right to withdraw from the contract if the minimum number of participants for this trip is not reached. This minimum number of participants must be communicated to the traveler before booking.
2. For group and bus trips there is always a minimum number of participants.
3. If the minimum number of participants for the trip is not reached in time, Tix & Travel GmbH will inform the traveler accordingly. Depending on the duration of the trip, Tix & Travel GmbH can withdraw from the contract with the traveler up to the following point in time:
- 21 days before the start of the trip for a trip lasting six days or more;
- 7 days before departure for a trip lasting two to six days;
- 48 hours before departure if the journey lasts less than two days.
4. When calculating the cancellation period, the start date of the trip is considered the starting date.
5. Tix & Travel GmbH strives to offer the traveller the best possible alternative. If Tix & Travel GmbH offers an alternative, the provisions of Article 6 apply.
6. If the passenger accepts the alternative offer, Tix & Travel GmbH will compensate the price difference between the original trip and the alternative accepted by the passenger.
17) Guarantee and insurance
1. Tix & Travel GmbH is affiliated with the STO Guarantee Fund. If and to the extent that Tix & Travel GmbH is unable to meet its obligations, the traveler can rely on the STO Garant guarantee regulations. The latest STO Garant guarantee regulations apply to this contract.
2. Unless otherwise agreed, Tix & Travel GmbH does not take out any insurance for the traveller. Tix & Travel GmbH strongly recommends that the traveller take out good travel insurance (including coverage for accidents, baggage, medical costs and cancellations).
3. If and to the extent that the traveler takes out insurance through Tix & Travel GmbH, Tix & Travel GmbH is only the informant of the possibility of concluding a contract between the traveler and the insurance company. An insurance contract is concluded between the traveler and the insurance company. In this case, the general terms and conditions of the insurance company apply.
18) Complaints
1. In the unlikely event that the traveler has a complaint, he must contact Tix & Travel GmbH during the trip or his tour guide on site. The traveler must immediately address his complaint to Tix & Travel GmbH or its representative.
2. If and to the extent that the complaint was not reported immediately to Tix & Travel GmbH and Tix & Travel GmbH was therefore not given the opportunity to remedy the complaint or the defect, the traveller's right to compensation may expire in whole or in part.
3. If a complaint has not been resolved to the traveler's satisfaction, the traveler must contact Tix & Travel GmbH no later than two months after the end of the trip. If and to the extent that the traveler does not submit the complaint within the above-mentioned period, Tix & Travel GmbH may decide not to process the complaint.
19) Data protection
When booking, the provider collects personal data that is necessary for the fulfillment and implementation of the travel arrangement. The provider complies with data protection regulations when processing personal data.
13.8 In addition, reference is made to the general provisions of these Terms and Conditions in points 1) to 10).
20) Information on data processing
20.1 The provider collects customer data as part of the processing of contracts. In doing so, it observes in particular the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, iix-and-travel.com will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing.
20.2 Without the customer's consent, the provider will not use the customer's data for advertising, market or opinion research purposes. This does not include the use of the email address provided when ordering to provide information about the provider's own similar goods or services. The use for these purposes can be objected to at any time, for example by sending an email to office@tix-and-travel.com .
20.3 The customer has the opportunity to obtain information about the personal data stored about him by the provider at any time and free of charge. In addition, the customer can request the correction of incorrect data as well as the blocking and deletion of his personal data, provided that there is no statutory obligation to retain data.
(4) Furthermore, with regard to the customer’s consent and further information on data processing, reference is made to the data protection declaration, which is available in printable form on the provider’s website at any time via the “Data protection” button.
21) Final provisions
Even if individual points are legally invalid, the remaining parts of the contract remain binding. The invalid points will be replaced by the statutory provisions, if any. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract will be invalid as a whole.
Hamburg, 02 November 2021