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=U4= Sec651a -- Section 651a Typical contractual duties in a package travel contract
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=S=> BGB 651a. 1 By a package travel contract , a travel organiser is obliged to render for the traveller a complete set of travel services ( travel package ) for the traveller . The traveller is obliged to pay the travel organiser the agreed price for the travel package .
=S=> BGB 651a. 2 A declaration that the only contracts being arranged are contracts with the persons who are to carry out the individual travel services ( service providers ) will be disregarded if the other circumstances create the impression that the party making the declaration is performing the contractually provided travel services on his own responsibility .
=S=> BGB 651a. 3 The travel organiser must provide the traveller with a document on the package travel contract ( travel confirmation ) when the contract is entered into or without undue delay after the contract is entered into . The travel confirmation and a brochure provided by the travel organiser must include the information specified in the statutory order made under Article 238 of the Introductory Act to the Civil Code [ Einführungsgesetz zum Bürgerlichen Gesetzbuch ] .
=S=> BGB 651a. 4 The travel organiser may only increase the travel price if this is provided for in the contract with precise information on the calculation of the new price and if in doing this he is taking into account an increase in transport costs , charges for specific services , port or airport fees or a change in the foreign exchange rates relating to the travel package in question . A price increase demanded after the twentieth day prior to the agreed date of departure is ineffective . Section 309 no . 1 remains unaffected .
=S=> BGB 651a. 5 The travel organiser must declare a change in the travel price under subsection ( 4 ) , an admissible change of an essential travel service or an admissible cancellation of the travel package to the traveller without undue delay after being informed of the reason for change or the cancellation . In the event of an increase in the travel package price by more than five per cent or of a substantial change of an essential travel service , the traveller may withdraw from the contract . He may instead , just as in the case of a cancellation of the travel package by the travel organiser , demand to be able to participate in another travel package of at least equivalent value if the travel organiser is in a position to offer such a travel package from his programme without any extra charge to the traveller . The traveller must assert these rights to the travel organiser without undue delay after the declaration by the travel organiser .
=U4= Sec651b -- Section 651b Transfer of contract
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=S=> BGB 651b. 1 Until the commencement of the travel package , the traveller may demand that a third party takes over the rights and duties under the package travel contract in his place . The travel organiser may object to such taking over of the contract by a third party if the third party does not satisfy the specific travel requirements or if the participation of the third party is contrary to statutory regulations or official orders .
=S=> BGB 651b. 2 If a third party takes over the contract , then the third party and the traveller are liable to the travel organiser as joint and several debtors for the travel price and any extra charges incurred by the third party taking over the contract .
=U4= Sec651c -- Section 651c Relief
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=S=> BGB 651c. 1 The travel organiser is obliged to provide the travel package in such a way that it has the warranted characteristics and is not impaired by faults that cancel or reduce its value or its suitability for the customary use or the use assumed under the contract . BGB 651c. 2 If the travel package is not of this quality , then the traveller may demand relief . The travel organiser may refuse the relief if it requires disproportionate expense . BGB 651c. 3 If the travel organiser does not provide relief within a reasonable period of time set by the traveller , then the traveller may himself provide relief and demand reimbursement of the required expenses . A period of time need not be specified if the travel organiser refuses relief or if immediate relief is required by a particular interest of the traveller .
=U4= Sec651d -- Section 651d Reduction of price
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=S=> BGB 651d. 1 If the travel package is defective within the meaning of section 651c ( 1 ) , then the travel package price is reduced for the duration of the defect subject to the provisions of section 638 ( 3 ) . Section 638 ( 4 ) applies with the necessary modifications .
=S=> BGB 651d. 2 The reduction of price is not made to the extent that the traveller culpably fails to make notification of the defect .
=U4= Sec651e -- Section 651e Termination for defect
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=S=> BGB 651e. 1 If the travel package is substantially impaired as a result of a defect of the type referred to in section 651c , the traveller may terminate the contract . The same applies if he cannot reasonably be expected to accept the travel package due to such a defect for a compelling reason discernible to the travel organiser .
=S=> BGB 651e. 2 Termination is only admissible if the travel organiser has let a reasonable period of time set by the traveller pass without providing relief . A period of time need not be specified if the relief is impossible or is refused by the travel organiser or if immediate termination of the contract is required by a particular interest of the traveller .
=S=> BGB 651e. 3 If the contract is terminated , then the travel organiser loses his claim to the agreed package price . However , he may demand compensation to be assessed under section 638 ( 3 ) for travel services already provided or yet to be provided in order to bring the travel package to an end . This does not apply to the extent that the traveller has no more interest in these services as the result of the cancellation of the contract .
=S=> BGB 651e. 4 The travel organiser is obliged to take measures necessitated by cancellation of the contract , including without limitation , if the contract includes return transport , to transport the traveller back . Extra costs are borne by the travel organiser .
=U4= Sec651f -- Section 651f Damages
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=S=> BGB 651f. 1 Notwithstanding any reduction of price or notice of termination , the traveller may demand damages for nonperformance unless the defect in the travel package resulted from a circumstance for which the travel organiser is not responsible .
=S=> BGB 651f. 2 If the travel package is made impossible or significantly impaired , then the traveller may also demand appropriate compensation in money for holiday leave spent to no avail .
=U4= Sec651g -- Section 651g Cut-off period ; limitation
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=S=> BGB 651g. 1 Claims under sections 651c to 651f must be asserted by the traveller to the travel organiser within one month of the contractually provided end of the travel package . Section 174 is not applicable . After the end of the period of time , the traveller may only assert claims if he was prevented from complying with the period of time through no fault of his own .
=S=> BGB 651g. 2 Claims by the traveller under sections 651c to 651f are subject to a two-year limitation period . The limitation period commences on the day on which the travel package was to end under the contract .
=U4= Sec651h -- Section 651h Admissible limitation of liability
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=S=> BGB 651h. 1 The travel organiser may , by agreement with the traveller , limit his liability for damage that does not constitute bodily injuries to three times the package price to the extent that damage suffered by the traveller was caused neither intentionally nor with gross negligence or to the extent that the travel organiser is responsible for damage suffered by the traveller merely due to the fault of a service provider .
=S=> BGB 651h. 2 If international agreements or statutory provisions based on international agreements apply to travel services to be rendered by a service provider and provide that a claim for damages is incurred or may be asserted only under certain conditions or with certain restrictions or is barred under certain conditions , then the travel organiser may also invoke this in relation to the traveller .
=U4= Sec651i -- Section 651i Withdrawal prior to commencement of travel
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=S=> BGB 651i. 1 Prior to commencement of travel , the traveller may withdraw from the contract at any time .
=S=> BGB 651i. 2 If the traveller withdraws from the contract , then the travel organiser loses his claim to the agreed package price . He may , however , demand appropriate compensation . The amount of such compensation is determined by the price of the travel package minus the value of the expenses saved by the travel organiser and what he can gain by alternative deployment of the travel services .
=S=> BGB 651i. 3 In the contract , for each type of travel package , taking into account the customarily saved expenses and the customary potential savings from alternative deployment of the travel services , a percentage of the package price may be specified as compensation .
=U4= Sec651j -- Section 651j Termination due to force majeure
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=S=> BGB 651j. 1 If the travel package is substantially obstructed , jeopardised or impaired as the result of force majeure not foreseeable when the contract was entered into , then both the travel organiser and the traveller may terminate the contract merely under this provision .
=S=> BGB 651j. 2 If the contract is terminated under subsection ( 1 ) , then the provisions of section 651e ( 3 ) sentences 1 and 2 and 651e ( 4 ) sentence 1 apply . Extra costs for return transport are to be borne by the parties one-half each . Apart from this , extra costs are borne by the traveller .
=U4= Sec651k -- Section 651k Guarantee ; payment
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=S=> BGB 651k. 1 The travel organiser must guarantee that the traveller is reimbursed the price of the travel package paid to the extent that travel services fail to materialise due to insolvency or the commencement of insolvency proceedings relating to the assets of the travel organiser , and necessary expenses incurred by the traveller for return travel due to insolvency or the commencement of insolvency proceedings relating to the assets of the travel organiser . The duties under sentence 1 may only be performed by the travel organiser by means of an insurance policy taken out with an insurance company authorised to conduct business operations within the area of application of this Code , or by the promise of payment of a banking institution authorised for business operations within the area of application of this Code .
=S=> BGB 651k. 2 The insurer or the banking institution ( customer finance guarantor ) may limit its liability for the total amounts to be reimbursed by it in one year to 110 million euros . If the total of the amounts to be reimbursed by a customer finance guarantor under this law in one year exceed the maximum amounts stated in sentence 1 , then the individual reimbursement claims will be reduced in the ratio of their total amount to the maximum amount .
=S=> BGB 651k. 3 To discharge his duty under subsection ( 1 ) , the travel organiser must provide the traveller with a direct claim on the customer finance guarantor and must evidence it by handing over a confirmation ( guarantee certificate ) issued by the customer finance guarantor or at its behest . The customer finance guarantor may not invoke , in relation to a traveller to whom a guarantee certificate has been handed out , either objections under the customer finance guarantor contract or the fact that the guarantee certificate was only issued after termination of the customer finance guarantor contract . In the cases referred to in sentence 2 , the claim of the traveller against the travel organiser passes to the customer finance guarantor to the extent that the latter satisfies the claim of the traveller . A travel agent is under a duty to the traveller to check the validity of the guarantee certificate when he hands it over to the traveller .
=S=> BGB 651k. 4 The travel organiser and the travel agent may only demand or accept payments towards the package price from the traveller prior to the end of the travel package if a guarantee certificate has been given to the traveller . A travel agent is deemed to be authorised by the travel organiser to accept payments towards the package price if he hands over a guarantee certificate or if other circumstances attributable to the travel organiser show that he has been entrusted by the travel organiser to negotiate travel contracts on his behalf . This does not apply if acceptance of payments by the travel agent is excluded in relation to the traveller in a conspicuous form .
=S=> BGB 651k. 5 If , at the time when the contract is entered into , the travel organiser has his principal place of business in another Member State of the European Communities or in another contracting state to the Agreement on the European Economic Area , then the travel organiser also discharges his duties under subsection ( 1 ) if he gives the traveller security in compliance with the provisions of the other state and if those provisions satisfy the requirements of subsection ( 1 ) sentence 1. Subsection ( 4 ) applies subject to the proviso that the provision of security must be evidenced to the traveller .
=S=> BGB 651k. 6 Subsections ( 1 ) to ( 5 ) do not apply if the travel organiser only organises travel occasionally and outside his commercial activities , the travel package does not last longer than twenty-four hours , does not include an overnight stay and the package price does not exceed seventy-five euros , the travel organiser is a legal person under public law whose assets may not be the object of insolvency proceedings .
=U4= Sec651l -- Section 651l Exchange student stays
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=S=> BGB 651l. 1 The provisions below apply to a package travel contract dealing with a stay of an exchange student with a host family in another state ( host country ) , lasting at least three months and coupled with regular attendance at a school . They only apply to a package travel contract dealing with a shorter exchange student stay ( sentence 1 ) , or with a stay with a host family in the host country coupled with the organised conduct of a traineeship , if this has been agreed .
=S=> BGB 651l. 2 The travel organiser is obliged to ensure lodging , supervision and care for the exchange student in a host family that are appropriate according to the conditions in the guest country with the cooperation of the exchange student and to create the necessary conditions for regular school attendance by the exchange student in the host country .
=S=> BGB 651l. 3 If the traveller withdraws prior to the start of the travel package , section 651i ( 2 ) sentences 2 and 3 and ( 3 ) are not applicable if the travel organiser has not informed him at least two weeks prior to the start of the travel package at all events of the name and address of the host family specified for the exchange student after his arrival , and the name and accessibility of a contact person in the host country from whom assistance may also be demanded , and appropriately prepared him for the stay .
=S=> BGB 651l. 4 The traveller may terminate the contract at any time prior to the start of the travel package . If the traveller gives notice , then the travel organiser is entitled to demand the agreed package price minus the expenses saved . The travel organiser is obliged to take the measures necessitated by termination of the contract , in particular , without limitation , if the contract includes return transport , transporting the exchange student back home . Extra costs are borne by the traveller . The sentences above do not apply if the traveller may give notice in accordance with sections 651e or 651j.
=U4= Sec651m -- Section 651m Deviating agreements
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=S=> BGB 651m Subject to sentence 2 , no deviation may be made from the provisions of sections 651a to 651l to the disadvantage of the traveller . The limitation specified in section 651g ( 2 ) may be relaxed , but not , prior to notification to the travel organiser of a defect , if the agreement results in a limitation of less than one year from the beginning of the period of limitation set in section 651g ( 2 ) sentence 2.
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