General Terms and Conditions

The following travel conditions become part of the package travel contract concluded between you as the traveller and vivido travel GmbH, Woerdener Str. 5a, 33803 Steinhagen (hereinafter organiser or we/us).

1. Conclusion of the travel contract / obligation for fellow travellers

1.1. The following applies to all booking channels (online, by phone, by email):

 

a) You make us an offer to conclude a package travel contract, the acceptance of which we can accept as described below. The basis of your offer is our travel descriptions and our supplementary information for the respective trip, insofar as these are available to you at the time of booking.

 

b) You are liable for all contractual obligations of travellers for whom you make the booking as for your own, insofar as you have assumed this obligation by express and separate declaration.

 

c) You are bound by your offer for 7 days ("binding period").

 

d) If the content of our travel confirmation deviates from the content of the booking, this constitutes a new offer from us, by which we are bound for a period of 10 days. The contract is concluded on the basis of this new offer, insofar as we have pointed out the change with regard to the new offer, have fulfilled our pre-contractual information obligations and you declare acceptance to us within the binding period by express declaration or down payment/payment of the trip price.

 

e) The pre-contractual information provided by us about essential characteristics of the travel services, the trip price and all additional costs, the payment terms and the standard cancellation charges (pursuant to Article 250 § 3 nos. 1, 3-5 and 7 EGBGB) only fail to become part of the package travel contract if this is expressly agreed between the parties.

 

f) If price reductions are linked to age, the age at the start of the trip is decisive, and for infants up to 2 years of age the age on the contractually agreed return date.

 

1.2. For bookings in electronic commerce (e.g. internet, app, telemedia), the following applies to the conclusion of the contract:

 

a) The process of the electronic booking is explained to you in the relevant application.

 

b) You have a corresponding correction facility available to correct your entries, to delete or to reset the entire booking form, the use of which is explained.

 

c) The contract languages offered for carrying out the electronic booking are indicated.

 

d) Insofar as the contract text is stored by us, you are informed about this and about the possibility of retrieving the contract text later.

 

e) By confirming the "Book now (fee required)" button, you make us a binding offer to conclude the package travel contract.

 

f) The receipt of your travel registration is confirmed to you electronically as quickly as possible (confirmation of receipt). This confirmation of receipt does not yet constitute a declaration of acceptance by us; we send this separately.

 

g) The transmission of the travel registration by pressing the button does not establish any claim for you to the conclusion of a contract.

 

h) The contract is only concluded upon receipt of our travel confirmation by you. We make the travel confirmation available to you on a durable medium.

 

1.3. We point out that, under the statutory provisions (§§ 312 (7), 312g (2) sentence 1 no. 9 BGB), there is no right of withdrawal for package travel contracts pursuant to § 651a and § 651c BGB that were concluded by distance selling, but only the statutory rights of rescission and termination, in particular the right of rescission pursuant to § 651h. However, a right of withdrawal does exist if the contract for travel services pursuant to § 651a BGB was concluded away from business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted at the consumer's prior request; in the latter case there is no right of withdrawal.

 

1.4. For many of the tourist services ("Experiences") offered by us, special requirements regarding health, fitness, knowledge, abilities and the like must be met. We present these in our pre-contractual information or announce them separately before conclusion of a travel contract. You are obliged to provide accurate and truthful information and assessment. The loss of such prerequisites before the start of the trip lies solely within your sphere of risk.

2. Payment

2.1. a) Organisers and travel agents may only demand or accept payments towards the trip price before the end of the package holiday if a valid customer money protection contract exists and the certificate of insurance, with the name and contact details of the customer money insurer, has been handed over to you in a clear, comprehensible and prominent manner.

 

b) After conclusion of the contract, a down payment becomes due. We inform you of the amount of the down payment before you submit your binding booking declaration. It reflects the fees to be paid by us in advance to the respective service provider. As a rule, it amounts to 40 percent of the trip price.

 

c) The down payment and the balance with debt-discharging effect can only be made directly to us. The following payment terms apply: The down payment is to be made after receipt of the travel confirmation. You must pay the remaining balance up to 28 days before the start of the trip. If there are fewer than 29 days between booking the trip and the start of the trip, the full trip price becomes due immediately; for bookings from 21 days before departure, payment of the trip price is only possible by bank transfer. For payments by direct debit, the debits are made from the customer account at the aforementioned times.

 

2.2. If you do not make the down payment and/or the balance in accordance with the agreed payment due dates, although we are ready and able to properly render the contractual services, have fulfilled our statutory information obligations and there is no statutory or contractual right of retention on your part, then we are entitled, after a reminder with a deadline, to withdraw from the package travel contract and to charge you cancellation costs pursuant to sections 5.2 to 5.5. Full payment of the trip price is a prerequisite for the handover of the travel documents. We are not obliged to hand over the travel documents before the balance has been paid.

3. Changes to services before the start of the trip

3.1. Deviations of essential characteristics of travel services from the agreed content of the package travel contract that become necessary after conclusion of the contract and were not brought about by us contrary to good faith are permitted to us before the start of the trip, insofar as the deviations are insignificant and do not affect the overall character of the trip.

 

3.2. We are obliged to inform you of changes to services clearly, comprehensibly and in a prominent manner on a durable medium immediately after becoming aware of the reason for the change. We will generally inform you of such changes by email. Please therefore check the email account you provided to us at the time of booking for messages from us until departure.

 

3.3. We reserve the right to make a significant change to an essential characteristic of a travel service. In this case, you are entitled

• either to accept the change

• or to withdraw from the package travel contract free of charge

• or to demand participation in a substitute trip if we have offered such a trip.

 

You can then, within the period that we specify to you at the same time, notify us whether you agree to the change to the contract, demand participation in a substitute trip if such a trip was offered, or withdraw from the contract free of charge. If you do not respond within the set period, the change to the contract is deemed to have been accepted.

 

3.4. Your rights due to travel defects remain in place if the changed travel service is defective. Insofar as we save costs as a result of the change, we will refund the difference to you.

4. Withdrawal by the traveller before the start of the trip / cancellation costs

4.1. You can withdraw from the package travel contract at any time before the start of the trip. The withdrawal must be declared to us. If the trip was booked via a travel agent, the withdrawal can also be declared to them. We recommend that you declare the withdrawal on a durable medium.

 

4.2. If you withdraw before the start of the trip or do not start the trip, we lose the claim to the trip price. Instead, we can demand appropriate compensation, unless we are responsible for the withdrawal or unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity that significantly impair the performance of the package holiday or the carriage of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the organiser's control and their consequences could not have been avoided even if all reasonable precautions had been taken.

 

4.3. The amount of the compensation is determined by the trip price less the value of the expenses we save, and less what we acquire through alternative use of the travel services. On your request, we must justify the amount of the compensation. We have set the following standard compensation rates taking into account the period between the withdrawal declaration and the start of the trip, as well as the expected saving of expenses and the expected income from alternative uses of the travel services. The compensation is calculated according to the time of receipt of the withdrawal declaration using the following standard cancellation rates:

 

Valid for your trip booking before 01.01.2026

up to the 90th day before the start of the trip, 40% of the trip price,

from the 89th day up to the 60th day before the start of the trip, 50% of the trip price,

from the 59th day up to the 30th day before the start of the trip, 60% of the trip price,

from the 29th day up to the 7th day before the start of the trip, 70% of the trip price,

from the 6th day up to the day before the start of the trip, or in the event of no-show, 75% of the trip price.

 

Valid for your trip booking from 01.01.2026

up to the 90th day before the start of the trip, 40% of the trip price,

from the 89th day up to the 60th day before the start of the trip, 50% of the trip price,

from the 59th day up to the 40th day before the start of the trip, 60% of the trip price,

from the 39th day up to the 30th day before the start of the trip, 70% of the trip price,

from the 29th day up to the 3rd day before the start of the trip, 85% of the trip price,

from the 2nd day up to the day before the start of the trip, or in the event of no-show, 90% of the trip price.

4.4. You can prove at any time that the appropriate compensation to which we are entitled is significantly lower than the standard compensation rate we have demanded.

 

4.5. We reserve the right, instead of the above standard compensation rates, to demand a higher, individually calculated compensation, insofar as we can prove that we incurred significantly higher expenses than the applicable standard compensation rate. In this case, we are obliged to specify and justify the compensation demanded in concrete terms, taking into account the expenses saved and less what we acquire through alternative use of the travel services.

 

4.6. If, as a result of a withdrawal, we are obliged to refund the trip price, we must do so without undue delay, but in any case within 14 days of receipt of the withdrawal declaration.

 

4.7. Your statutory right, pursuant to § 651e BGB, to demand from us by notification on a durable medium that a third party enters into your rights and obligations under the package travel contract instead of you, remains unaffected by the above conditions. Such a declaration is in any case timely if it reaches us 7 days before the start of the trip. The original and the new person registering for the trip are liable as joint and several debtors for the trip price and the additional costs arising from the change of the travelling participant pursuant to § 651e BGB.

5. Rebookings

5.1. After conclusion of the contract, you have no claim to changes regarding the travel date, the destination, the place of departure, the accommodation or the mode of transport (rebooking). This does not apply if the rebooking is necessary because we provided you with no, insufficient or incorrect pre-contractual information pursuant to Article 250 § 3 EGBGB; in this case the rebooking is possible free of charge. If, in the other cases, a rebooking is made at your request, the changed trip price becomes due. A fee for a name change or name correction only becomes due if we are charged fees for the name change or name correction. In the event of the cancellation of the transport service (hotel-only booking), a standard cancellation charge is levied proportionately pursuant to section 5.3. Rebookings are made at the current daily price on the day of rebooking. In the event of a change within the booked accommodation (e.g. change of room category, occupancy of the booked room, board type or travel date), the price is calculated at the current daily price on the day of rebooking.

 

5.2. Rebooking requests from you that are made later than 5 days before the start of the trip can, insofar as their implementation is possible at all, only be carried out after withdrawal from the travel contract under the conditions pursuant to section 5 and simultaneous new registration. This does not apply to rebooking requests that cause only minor costs.

 

5.3. Rebookings of the trip after the start of the trip are only possible in exceptional cases. They must be made with the responsible tour guidance. A prerequisite for a change of the trip duration is that a return flight seat is available and that, in the case of an extension, the assigned room is free for the extension period. Additional costs arising from the rebooking of the trip are borne by you.

6. Services not used

If you do not make use of individual travel services that we were ready and able to render in accordance with the contract, for reasons attributable to you, you have no claim to a proportionate refund of the trip price, insofar as such reasons would not have entitled you, under the statutory provisions, to withdraw free of charge or to terminate the travel contract. We will endeavour to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the expenses are completely insignificant.

7. Insurance

The conclusion of a comprehensive travel insurance package, in particular including (in each case also bookable separately) travel cancellation cost insurance, is recommended. If an insured event occurs, Allianz Travel must be notified immediately. We are not involved in the settlement of the claim.

8. Termination for conduct-related reasons

We can terminate the travel contract without observing a notice period if you persistently disrupt, notwithstanding a warning from the organiser, or if you behave in such a manner contrary to the contract that immediate cancellation of the contract is justified. This does not apply insofar as the conduct contrary to the contract is causally based on a breach of our information obligations. If we terminate, we retain the claim to the trip price; however, we must allow the value of the saved expenses to be offset, as well as those benefits that we obtain from an alternative use of the services not used, including the amounts credited to us by the service providers.

9. Your obligations to cooperate

9.1. Travel documents

 

You must inform us or the travel agent through whom you booked the package holiday if you do not receive the necessary travel documents after payment of the full trip price.

 

9.2. Notice of defects/request for remedy

 

If the trip is not rendered free of travel defects, you can demand a remedy. Insofar as we were unable to provide a remedy as a result of a culpable failure to give notice of defects, you can assert neither claims for reduction under § 651m BGB nor claims for damages under § 651n BGB. You are obliged to report your notice of defects to the tour guidance on site immediately. If we have no representative on site, any travel defects must be brought to our attention via the contact point we have notified; we inform you in the travel confirmation about how to reach the tour guidance or our contact point on site. However, you can also bring the notice of defects to the attention of the travel agency through which you booked the package holiday. Our representative is instructed to arrange a remedy, insofar as this is possible. However, they are not authorised to acknowledge claims.

 

9.3. Setting a deadline before termination

 

If you wish to terminate the package travel contract due to a travel defect of the type described in § 651i (2) BGB, provided it is significant, pursuant to § 651i BGB, you must first set us a reasonable deadline to provide a remedy. This does not apply only if the remedy is refused by us or if the immediate remedy is necessary.

 

10. Air travel

10.1. Changes to flight times or routing, including at short notice, are permitted within the framework of section 3.1 of these conditions. If you are already at the destination at the time of the change, information about the change is generally provided by the reception on site, by an email to you, by notice on information boards, or as a printout in the information folders located at the receptions in the respective holiday resort. Irrespective of this, it is incumbent upon you to inform yourself about the return flight or transfer times 24 hours before the scheduled departure date via the local representative by telephone, with the help of the information boards or folders.

 

10.2. If you do not make use of the tour guidance in the destination area because, for example, you have only booked flights with us without further services, you are obliged to have the exact time of the return flight confirmed by the airline no later than 24 hours before the return flight.

 

10.3. Luggage transport takes place on the basis of the conditions of the respective carrier. You can access the luggage rules and the conditions of carriage of the individual airlines on the airline's website, or you can contact our service team.

 

Within the scope of air travel, one item of luggage per guest is generally carried. This does not generally apply to infants up to the completion of their second year of life without their own seat entitlement. Any higher free luggage limits and costs for excess luggage are governed by the conditions of carriage of the respective operating air carrier. Medication for personal use and valuables must (within the framework of the applicable security regulations) be carried not in checked luggage but in hand luggage. Surfboards, bicycles, golf equipment and other bulky items, such as wheelchairs, do not form part of normal travel luggage. Their carriage must be registered by you yourself with the respective airline, and any costs incurred for carriage, including in the destination area, are borne by you. You are advised that loss of, damage to and delay of luggage in connection with air travel must, under aviation law provisions, be reported by you immediately on site to the responsible airline by means of a damage report ("P.I.R."). Airlines and organisers can refuse reimbursements on the basis of international agreements if the damage report is not completed. The damage report must be submitted within 7 days in the case of luggage damage, and within 21 days in the case of delay, after handover. In addition, the loss, damage or misdirection of travel luggage must be reported immediately to the organiser, its representative or its contact point, or the travel agent. This does not release you from submitting the damage report to the airline within the aforementioned period.

 

10.4. The check-in deadline at the check-in counter is 120 minutes before the stated departure time in each case.

 

10.5. Direct flights are not always "non-stop flights" and may include stopovers.

 

10.6. Claims in cases of denied boarding, cancellation and delay under EU Regulation No. 261/2004 are not to be asserted against us, but exclusively against the operating airline.

11. Limitation of liability

11.1. Our contractual liability for damages that are not personal injury and were not caused culpably is limited to three times the trip price. Any claims going beyond this under international agreements or statutory provisions based on such agreements remain unaffected by the limitation.

 

11.2. We are not liable for service disruptions, personal injury and property damage in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions), if these services were clearly identified as third-party services in the travel description and the travel confirmation, expressly and stating the identity and address of the arranged contractual partner, in such a way that they are recognisably not part of the package holiday booked with us and were selected separately. §§ 651b, 651c, 651w and 651y BGB remain unaffected by this. However, we are liable if and insofar as the breach of information, clarification or organisational obligations on our part was the cause of a damage incurred by you.

12. Assertion of claims: addressee, information on consumer dispute resolution

12.1. You must assert claims under §§ 651i (3) nos. 2, 4-7 BGB against us. The assertion can also be made via the travel agent if the package holiday was booked through this travel agent. Assertion on a durable medium is recommended.

 

12.2. With regard to the Act on Consumer Dispute Resolution, we point out that we do not participate in voluntary consumer dispute resolution. If consumer dispute resolution were to become mandatory for us after the printing of these travel conditions, we will inform you of this in an appropriate form. For all travel contracts concluded in electronic legal transactions, we refer to the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr.

13. Information obligations regarding the identity of the operating air carrier

The EU Regulation on informing air passengers of the identity of the operating air carrier obliges us to inform you at the time of booking of the identity of the operating airline for all air carriage services to be provided within the scope of the booked trip. If the operating airline is not yet determined at the time of booking, we are obliged to name to you the airline or airlines that will probably operate the flight or flights. As soon as we know which airline will operate the flight, we must inform you. If the airline named to you as the operating airline changes, we must inform you of the change. We will immediately take all reasonable steps to ensure that you are informed of the change as quickly as possible. The list of airlines with an EU operating ban, formerly ("blacklist"), can be accessed on the following website: https://vivido.travel/de/legal/blacklist

14. Passport, visa and health regulations

14.1. We will inform you about general passport and visa requirements as well as health formalities of the destination country, including the approximate deadlines for obtaining any necessary visas, before conclusion of the contract, as well as about any changes to these before the start of the trip.

 

14.2. You are responsible for obtaining and carrying the officially required travel documents, any necessary vaccinations, and for complying with customs and foreign exchange regulations. Disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation costs, are borne by you. This does not apply if we have not informed you, or have informed you insufficiently or incorrectly.

 

14.3. We are not liable for the timely issue and receipt of necessary visas by the respective diplomatic mission if you have instructed it to obtain them, unless we have breached our own obligations.

15. Choice of law and place of jurisdiction

15.1. Insofar as you bring an action against us abroad and, in principle, German law does not apply there with regard to our liability, then, with regard to the legal consequences, in particular regarding the nature, scope and amount of your claims, German law applies exclusively.

 

15.2. You can only sue us at our registered office. For actions by us against you, your place of residence is decisive, unless the action is directed against registered traders (Vollkaufleute) or persons who have no general place of jurisdiction in Germany, or against persons who, after conclusion of the contract, have moved their place of residence or habitual abode abroad, or whose place of residence or habitual abode is not known at the time the action is brought. In these cases, our registered office is decisive.

 

15.3. The above provisions on the choice of law do not apply if and insofar as something more favourable to you arises from contractually non-derogable provisions of international agreements applicable to the travel contract between you and us, or - if and insofar as non-derogable provisions applicable to the travel contract in the EU member state to which you belong are more favourable to you than the aforementioned provisions or the corresponding German provisions.

16. Data protection

You can find data protection information on the vivido travel GmbH website: https://vivido.travel/de/legal/privacy-policy/ These travel conditions and information apply to the tour operator vivido travel GmbH · Woerdener Str. 5a · 33803 Steinhagen, Germany Managing directors: Mr Karl B. Bock, Mr Tobias Boese Commercial register: Gütersloh Local Court, HRB 12854


© These terms and conditions are protected by copyright. (As at: 02.03.2023)