Please read these General Terms and Conditions carefully before you commit to a booking requiring payment. With your booking you accept these Terms and Conditions, which will be sent to you before registration or made available online at https://experience.mercedes-amg.com, as binding and make them a part of your application. Upon receipt of our travel confirmation, these terms and conditions become part of the contract.
With the AMG Experience, zet:motion. GmbH as tour operator offers various event formats and travel, such as road safety training and trips. Your tour operator and contract partner shall be zet:motion. GmbH exclusively. As a result of an agreement with Mercedes-AMG GmbH, zet:motion. GmbH is licensed to use the trademark AMG. This does not constitute a contractual relationship between you or any other participants and Mercedes-AMG GmbH. For the provision of travel services and events by zet:motion. GmbH as a tour operator, the general statutory provisions as well as, in addition, the General Conditions for Travel Services and Events in accordance with Part A of these general terms and conditions shall apply.
Regarding certain product categories zet:motion. GmbH procures travel, flight, hotel and other touristic services provided by third party providers upon request. In this respect, zet:motion. GmbH does not act as a tour operator, but exclusively as a broker for the respective travel arrangements and the general statutory provisions as well as the Special Conditions for the Brokerage of Travel Services pursuant to Part B of these general terms and conditions shall apply.
The current event portfolio for AMG Experiences includes these four product categories: AMG Lifestyle Experience, AMG Racetrack Experience, AMG Winter Experience and AMG Special Experience. The road training of the AMG Racetrack Experience and the AMG Winter Experience take place under the direction of experienced instructors in an area that is closed off to normal private traffic during the event. Road trainings with AMG Lifestyle Experience will take place on public, non-restricted traffic routes.
All road safety training courses offered aim to improve the driving ability and safety of participants in order to ensure greater safety in everyday traffic, thus contributing to an improvement in the overall accident record. They are not designed to achieve maximum driving speeds and are not intended to encourage competitive behavior.
A. General Terms and Conditions for the Provision of Travel Services and Events by zet:motion. GmbH
1. Scope of Application, Form
1.1 The following terms and conditions in this Part A (“Travel Conditions“) shall apply to all contracts between zet:motion. GmbH (“Tour Operator“) and the purchaser(s) of the respective travel services (“Participant”).
1.2 The terms of these Travel Conditions become a part of any and all travel contracts between the Tour Operator and the Participant. They supplement the statutory provisions of §§ 651a-y of the German Civil Code (BGB) and Articles 250 and 252 of the Introductory Act to the BGB (EGBGB).
1.3 These Travel Conditions do not apply if the Participant has not booked a travel package. Furthermore, they do not apply to business trips insofar as the Participant has already entered into a master agreement for the organization of business travel.
1.4 Individual agreements made with the Participant (including subsidiary agreements, assurances, supplements and modifications to the travel contract) take precedence over these Travel Conditions. These individual agreements must be in writing (e.g. letter, email, telefax) to be valid.
2. Formation of the Travel Contract / Liability for Fellow Passengers
2.1 The Participant can select and book products from different categories in the event portfolio. The current event portfolio includes the four categories AMG Lifestyle Experience, AMG Racetrack Experience, AMG Winter Experience and AMG Special Experience. The individual categories each have varying thematic focuses and each contains different event formats (travel services).
2.2 With the booking (tour registration), the Participant agrees to enter into a travel package contract with the Tour Operator. Bookings may be made either orally, by telephone, in writing, by email or fax, or by electronic commerce ("Electronic Bookings").
The booking, regardless of the way it is made, is based on the travel announcement and any additional information provided by the Tour Operator for that respective tour to the extent that this information is available to the Participant when the booking is made. Travel agents and service providers (e.g. hotels, transport companies) are not authorized to enter into agreements, give information or make other assurances that change the agreed content of the travel contract, go beyond the contractually agreed services or contradict the travel announcement. Location and hotel brochures that are not published by the Tour Operator do not constitute a binding agreement with the Tour Operator unless they have been expressly made part of the travel contract by agreement with the Participant.
2.3 Electronic Bookings shall be made whether through the web store provided by the Tour Operator (https://experience.mercedes-amg.com) or through an App. The process of the electronic booking is explained to the Participant in the corresponding application Before sending the booking, the Participant can view and check the information at any time. There is a correction option available and it clearly explains how the Participant can correct or delete any information or reset the entire booking. The contract languages available for the electronic booking are indicated. The Participant’s binding submission of the offer takes place by pushing the button “Book with Payment”. However, the application can only be submitted and sent after the Participant has clicked the button “Acceptance of General Terms and Conditions” effectively accepting the Travel Conditions and incorporating them into the application. Clicking the button to send the application does not constitute a claim by the Participant that the travel contract has been signed. Insofar as the text of the contract is stored by the Tour Operator, the Participant will be informed of this and of the possibility of retrieving the text of the contract at a later date.
2.4 The travel contract is signed upon the Participant’s receipt of the Tour Operator’s confirmation.
2.4.1 Confirmation of all electronic bookings made either through the web store or the App will be sent by email.
2.4.2 In the case of bookings made orally, by telephone, in writing, by email or fax, the Tour Operator will promptly provide the Participant with a travel confirmation in a durable data medium (e.g. paper, email, standard or computer/mobile fax, SMS or memory card) unless the Participant is not entitled to a travel confirmation in writing pursuant to Art. 250 § 6 Sentence 2 EGBGB because the contract was signed at a time when both parties were physically present or outside of the business premises.
2.5 If the content of the Tour Operator’s confirmation differs from the content of the booking, a new offering from the Tour Operator exists to which the Tour Operator is bound for ten (10) days. The travel contract is entered into on the basis of the new offer insofar as the Tour Operator has referenced the changes in the new offer and has fulfilled its pre-contractual information obligations and the Participant declares its acceptance to the Tour Operator within the binding period either expressly or by making a deposit.
2.6 The travel registration shall include the Participant’s personal data in full. It shall be completed by the registering Participant on behalf of all the other participants listed in the registration. The registering Participant is liable for all its own contractual obligations as well as those obligations of the other participants for whom it is making the registration as long as they have expressively consented to this in a separate declaration.
2.7 The pre-contractual information provided by the Tour Operator regarding essential characteristics of the travel services, the cost of the travel and all additional costs, the available methods of payment, the minimum and maximum number of participants and the costs of cancellation (pursuant to Art 250 § 3 points 1, 3-5, 7 EGBGB) shall become a part of the contract unless expressly agreed otherwise.
2.8 The Tour Operator points out that according to the statutory provisions (§§ 312 para. 7, 312g Para. 2 s. 1 point 9 BGB) travel package contracts entered into pursuant to §§ 651a and 651c through remote selling (letters, catalogues, telephone calls, telefaxes, e-mails, short messages via mobile services (“SMS”) as well as radio, telemedia and online services) do not include a right of revocation, merely the statutory rights of withdrawal and cancellation, in particular the right of withdrawal pursuant to § 651h BGB (see also Section 5). A right of revocation exists however, if the contract concerning travel services is entered into pursuant to § 651a BGB off-premises, unless the oral negotiations, on which the conclusion of the contract is based, were held based on the order of the consumer; in the latter case there shall be no right of revocation.
3. Conditions of Participation and Performance
3.1 Requirements of Participation
3.1.1 To Participate in the events listed in the travel announcement, in principle each individual must be at least 18 years old unless this has been regulated separately or differently in the travel announcement.
3.1.2 Participation in the events is only permitted to holders of a valid driving license. Additionally, the participation in AMG Lifestyle Experience events and in Special Experiences events on public roads is only permitted to persons who, at the beginning of the event, have been holders of a valid driving license for at least the past three years. A racing license is not a release one from the forementioned requirements.
3.1.3 The Participant is obligated to allow inspection of their driving license before to the commencement of the event. Participants, who do not hold an EU-or Swiss driving license are required to prove their driving license through either a valid international driving license or their national driving license and an official translation (German or English).
3.1.4 The further requirements of participation for the respective event are listed in the travel announcement. The Tour Operator shall decide on a case by case basis whether a training completed outside of the services offered is comparable to the prerequisite training named in the announcement and can be accepted as a prerequisite of participation.
3.1.5 For safety reasons, the languages of the events are German and English. The requirement of participation is knowledge of one of the two languages at the reference level B1 or above.
3.1.6 An accompanying person at any event must be at least 16 years old. In all other respects, the same conditions apply to an accompanying person as to the Participant, unless otherwise stated in the travel announcement or in these Travel Conditions. The costs for accompanying persons can be found in the travel announcement. Accompanying persons are prohibited from driving any vehicles themselves. They shall have no claim to ride as a passenger.
3.1.7 Pets are not allowed.
3.2 Vehicles with Trademark Mercedes-AMG
3.2.1 At events, which provide a vehicle from the company Mercedes-AMG, the Participant shall have the opportunity to drive different vehicles during the event. There shall be no claim to driving a specific vehicle at any given time. The Participant is obligated to treat the vehicle with care. The Participant must report any accidents as well as any damages to the vehicle to the Tour Operator without undue delay. The transfer onto third parties through the participant is prohibited. It is included in the respective travel announcements when a Mercedes-AMG vehicle will be provided.
3.2.2 In the cases of participation using a privately owned Mercedes-AMG, it is the responsibility of the Participant to maintain this vehicle. The vehicle must be registered by the relevant licensing authority for use on public roads. It must be free of technical defects of any kind; this shall also apply to non-safety-related wear parts such as windshield wipers. All safety relevant wear parts (including tires and brakes) must be like new. The vehicle must have a full tank of gas at the beginning of the training and the last service must have been completed in a timely manner. In the event of technical problems or damage to the Participant’s vehicle, the Tour Operator cannot provide a replacement vehicle. The Participant shall contact the Customer Service Center in advance with any questions or if there is a need for any wear or replacement parts during the training. For the Participant’s own safety, auto mechanics will check the tires and brakes on the Participant’s vehicle on site to ensure that they are suitable for training.
3.2.3 The respective travel announcement states in which events it is possible or required for a Participant to have their own vehicle. If a Participant wants to take part in the training with a historic vehicle, they must contact the Customer Service Center beforehand to determine what the basic conditions are and what the wear on the vehicle during the training sessions will be.
3.2.4 The rental of Mercedes-AMG vehicles at an additional charge is possible at certain select events. For this, a separate rental agreement is required. In the event of damage during the rental period, there is no claim for a replacement vehicle. At which events the rental of a Mercedes-AMG vehicle is permitted is set forth in the respective travel announcement.
3.3 Safety Regulations at Driving Events
3.3.1 The directions given by the instructors and the employees of the Tour Operator must be followed at all times.
3.3.2 The Participants are required to wear a seat belt at all times during the training sessions, to wear helmets and, if necessary, specified racing clothing as well as the HANS (Head-and-Neck-Support) when so directed by the instructors. Helmets, racing clothing and the HANS will be provided by the Tour Operator.
3.3.3 The use of mobile phones and smoking during the journey are strictly prohibited. Smoking is generally not permitted In Mercedes-AMG vehicles provided by or rented through the organizers.
3.3.4 The Participants must behave in a disciplined manner during the event. The directions given by the instructor team and the employees of the Tour Operator must be strictly followed.
3.3.5 The Participants may not be under the influence of alcohol or any other intoxicating substances during the driving times. That includes any medication of any kind that could impair the Participant’s driving ability. The consumption of alcohol and/or any other intoxicating substances before and during the driving times is strictly prohibited.
3.3.6 Participants who suffer from health or other limitations that may affect the safety of the event are not eligible to participate.
3.3.7 The Participant is required to adhere to all traffic regulations and speed limits at all driving events held on public roads (AMG Lifestyle Experience, AMG Special Experience). Any fines and penalties shall be borne solely by the Participant.
3.3.8 The Tour Operator reserves the right to exclude individual participants from the event if they do not meet the participant requirements pursuant to Section 3.1 herein or if they violate the conditions of implementation set forth in Sections 3.2 and 3.3 herein. In particular if they do not follow the directions of the instructors or the employees of the Tour Operator or if they endanger themselves or third parties in any way. In these cases, the travel price will not be reimbursed. Any additional costs will be borne by the excluded Participant.
3.4 Insurance of the Vehicles
3.4.1 When participating with own vehicle: the Participant is responsible for providing sufficient insurance coverage for his/her own vehicle. The Tour Operator does not provide special automobile insurance coverage for the Participants’ vehicle during the event.
3.4.2 When participating with a Mercedes-AMG vehicle provided by the Tour Operator, the following shall apply:
The vehicles provided are covered with third-party liability and fully comprehensive insurance for driving on the route specified by the instructors for the period from the beginning to the end of the event. Any damage to the vehicles must be reported to the responsible instructor or project manager immediately.
In the event of damage, the deductible for the vehicle all-risk insurance shall amount to:
|Vehicles of the AMG Lifestyle Experience except AMG Classic Vehicles||1,000 EUR|
|Vehicles of the AMG Racetrack Experience incl. Winter Experience and incl. AMG Black Series||2,500 EUR|
For the following vehicle types a deviant deductible applies:
|Mercedes-AMG Track Series||30,000 EUR|
|Mercedes-AMG GT3||15,000 EUR|
|Mercedes-AMG GT4||12,500 EUR|
|Mercedes-AMG Classic vehicles||10,000 EUR|
In the event of damage, destruction, theft, or other vehicle loss, the deductible is to be borne by the Vehicle User, insofar as the Vehicle User is responsible for simple negligence. In the event of intent or gross negligence, the Vehicle User’s liability shall be unlimited (Item 6).
3.4.3 When participating with a Mercedes-AMG vehicle provided by the organizer, the Participant’s insurance coverage shall be governed by the terms and conditions set forth in the separately signed agreement on the granting of use of the vehicle.
3.5 Maximum and minimum number of Participants
3.5.1 The maximum number of participants for any given event is limited to the number specified in the travel announcement. However, the Organizer is entitled to include more participants than the number stated in individual cases as long as it does not affect the overall character of the trip.
3.5.2 In order for an event to take place, the minimum number of participants specified in the travel announcement must have been reached. If there is no minimum number specified in the travel announcement, the following shall apply: In order for the event to take place, at least 70% of the maximum number of participants specified in the travel announcement must be registered. If the respective minimum number is not reached and the event is cancelled within the deadline according to Section 9.1.1 herein, the Tour Operator shall inform the registered participants immediately. In this case, the Participant shall be reimbursed for any portion of the travel price already paid promptly.
4.1 Organizers and travel agents may only demand or accept payment of the travel price before the end of the booked tour if an effective customer money protection contract exists and the customer money protection certificate with the name and contact details of the customer money protection provider has been handed over to the Participant in a clear, comprehensible and prominent manner. After the contract has been signed, a deposit of 20% of the travel price shall be due for payment against handover of the money protection certificate. The balance of 80% of the travel price shall be due and payable 28 days before the start of the trip provided the money protection certificate has been handed over and the Tour Operator’s right of withdrawal can no longer be exercised for the reasons stated in Section 9.1.1 herein. For last minute bookings (after the 28th day before the travel begins), the entire travel price is due and payable immediately.
4.2 The participation price is stated in the confirmation/invoice. All prices shall be in Euros including VAT at the statutory rate. Deposits and final payments are to be paid without deductions to the bank account indicated in the web shop or on the Tour Operator’s invoice at the choice of the Participant by instant bank transfer or credit card. The Participant has the option to initiate returns and purchase cancellations. Payments by instant bank transfer are only possible in Euros. With regard to international bank transfers, the Participant shall be responsible for any additional fees incurred. If payment is made by credit card, the credit card details will be requested during the booking process. With regard to due date and the time that the credit card is charged, Section 4.1 herein shall apply.
4.3 Invoicing shall occur exclusively in accordance with margin taxation pursuant to § 25 VAT Law (UStG) when not expressly stated otherwise. This means that the sales tax will not be shown separately in the invoice. The travel price shown is therefore the gross sum. The Tour Operator points out that an input tax deduction is not possible due to margin taxation.
4.4 If the Participant does not pay the deposit or final payment according to the agreed payment terms, even though the Tour Operator is ready and able to properly provide the contractual services and has fulfilled its legal obligations and the Participant does not have any legal or contractual right of retention, the Tour Operator is entitled to withdraw from the travel contract after demanding payment be made by a set deadline. The Tour Operator may charge the Participant the withdrawal costs in accordance with Section 6.2 sentence 2 to 6.5 herein.
4.5 Costs for additional services such as procurement of visas etc. are not included in the travel price unless expressly stated otherwise. These shall be invoiced separately.
5. Changes in Content to Contract
5.1 Changes in the content of the contract before the start of the tour that do not affect the tour price:
5.1.1 Changes in essential characteristics of the travel services which deviate from the agreed content of the travel contract and which do not become necessary until after the contract has been signed that were not caused by the Tour Operator acting in bad faith, are permissible before the start of the tour provided that the deviations are insignificant and do not affect the overall design of the tour.
5.1.2 The Tour Operator is obligated to inform the Participant immediately of any changes in services after knowledge of the reason for the change. This notice must be transmitted through a durable data medium (e.g. can be by e-mail, SMS or voice message) clearly, comprehensibly and emphatically.
5.1.3 In the case of significant changes of an essential character to a travel service or the deviation from special requirements of the Participant that have become a part of the content of the travel contract, the Participant is entitled, within a reasonable time set by the Tour Operator when notice of the change is given
• either to accept the change
• or withdraw from the travel contract at no extra charge
• or demand participation in a substitute trip if the Tour Operator has offered such a trip.
The Participant has the choice whether to respond to the Tour Operator’s notice or not. If the Participant responds, the Participant can either accept the change, demand participation in a substitute trip or withdraw from the contract at no extra change. If the Participant does not respond to the Tour Operator within the set deadline, the change noticed shall be deemed accepted.
5.2 Changes in content of contract before or after the commencement of the trip that do not affect the travel price: In the case of extraordinary weather conditions and/or reasons which could affect the safety of the Participants and which were not foreseeable at the time the contract was entered into, the Tour Operator is entitled to adjust the course of the program in terms of safety, as long as the adjustments are insignificant.
5.3 Potential warranty claims shall remain unaffected, insofar as the changed services are defective. If the Tour Operator had lower costs in implementing the modified or substituted trip, the Participant is entitled to reimbursement for the difference pursuant to § 651m para. 2 BGB.
6. Cancellation by the Participant before the Commencement of the Trip/Cancellation Costs
6.1 The Participant can withdraw from the travel contract at any time before the start of the trip (Cancellation). Notice of the withdrawal must be given to the Tour Operator. In the event the trip was booked through a travel agent, notice of the withdrawal can be given to the travel agent. It is recommended to the Participant that the notice of withdrawal be given in a durable data medium.
6.2 If the Participant withdraws before the start of the trip or does not start the trip, the Tour Operator loses any claim to the tour price. Instead, the Tour Operator may demand reasonable compensation to the extent that the Tour Operator is not responsible for the withdrawal, or extraordinary circumstances occurred at or near the travel destination that would significantly impair the performance of the tour or the transportation of individuals to that destination. Circumstances are considered unavoidable and exceptional when they are not within the Tour Operator’s control and the consequences could not have been avoided even if all reasonable precautions had been taken.
6.3 The amount of compensation shall be determined by the travel price minus the value of the expenses saved by the Tour Operator minus the amount received through other use of the travel services. The Tour Operator must justify these costs at the request of the Participant.
The Tour Operator has determined the following flat rates for compensation taking into account the time between the withdrawal and the start of the tour as well as anticipated savings in expenses as well as amounts received through other uses of the travel services. The compensation shall be calculated from the moment the withdrawal has been received in accordance with the following cancellation schedule:
a) Individual bookings in the product categories AMG Lifestyle Experience, AMG Racetrack Experience und AMG Winter Experience:
|until the 28th day before the start of the event||20% of the travel price|
|as of the 27th day before the start of the event||50% of the travel price|
|as of the 14th day before the start of the event||75% of the travel price|
|as of the 3rd day before the start of the event||90% of the travel price|
|default or failure to appear||100% of the travel price|
b) Group bookings and booking in the product category AMG Special Experience:
As a result of the individual type of event and the associated purchasing conditions required of the Tour Operator, individual flat rate compensation rules shall apply to these booking categories as found in the respective tour announcement.
6.4 The Participant is in any case permitted to prove that the reasonable compensation due and owing to the Tour Operator is significantly lower than the compensation lump sum demanded.
6.5 The Tour Operator reserves the right to claim a higher individually calculated compensation in lieu of the lump sum compensation listed above insofar as the Tour Operator can prove that it has incurred significantly higher costs than the applicable compensation lump sum. In this case, the Tour Operator is obligated to specifically quantify and justify the amount of compensation demanded, taking into account the expenses saved as well as the amount gained by another use of the travel services.
6.6 The legal right of the Participant to demand from the Tour Operator, pursuant to § 651e BGB, through notice on a durable data medium that a third party takes over the rights and obligations under the travel package in place of the Participant remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by the Tour Operator seven (7) days before the start of the tour.
7. Rebookings; Substitute Participants
7.1 After the contract has been signed, the Participant may not change the event/travel date or destination, the place of departure, the accommodation or the mode of transport (rebooking). This shall not apply if rebooking is necessary because the Tour Operator has provided the Participant with incorrect, little or no pre-contractual information pursuant to Art. 250 § 3 EGBGB. Under these circumstances, the rebooking is possible at no additional charge.
7.2 Within a reasonable time before the start of the services, the Participant may give notice on a durable data medium that a third party will take over their rights and obligations under the travel contract. This declaration is timely if it is received by the Tour Operator no later than seven (7) days before the commencement of services. The Tour Operator may object to the entry of a third party in place of the registered Participant if the third party does not satisfy the contractual travel requirements. If a third party takes the place of the registered Participant, the Tour Operator is entitled to demand a lump sum of 50€ for the processing costs of the substitute Participant. Additional charges incurred by service providers (e.g. airlines) will be charged separately. The Tour Operator must provide the Participant with proof of the additional cost incurred due to the entry of a third party or third parties. In any case, the Participant is allowed to prove that the actual additional costs incurred by the entry of a third party or third parties are significantly lower than the processing fee and/or forwarded costs demanded by the Tour Operator.
8. Services that are not Used
If the Participant does not make use of individual travel services for its own reasons, which had been offered and the Tour Operator was prepared to provide as per the contract, the Participant is not entitled to a partial refund of the travel price. This shall not apply insofar as such reasons would have entitled them to withdraw at no additional charge or to cancel the contract in accordance with statutory provisions. The Tour Operator will make every effort to obtain reimbursement of the saved expenses from the service provider. This does not apply if the expenses are completely insignificant.
9. Cancellation by the Tour Operator before the Start of the Trip
9.1 The Tour Operator can withdraw from the contract before the start of the tour in the following cases:
9.1.1 The minimum number of registered participants as stated in the travel announcement has not been met; in this case, the Tour Operator must withdraw within the period of time stated in the contract, but no later than:
a) 20 days before the start of the tour when the length of the trip is more than six days,
b) seven days before the start of the tour for a trip that is between two and not more than six days,
c) 48 hours before the start of the tour for a trip that is less than two days long.
9.1.2 The fulfillment of contractual obligations by the Tour Operator is prohibited or permissible only to a limited extent due to national or international regulations of foreign trade law (e.g. a provision ban to individuals, organizations or institutions that are on the sanction lists) or is only permissible with official authorization, unless the Tour Operator knew of the existence of the ban, restriction or reservation of official authorization from the beginning.
9.1.3 The Tour Operator is prevented from fulfilling the contractual obligations due to unavoidable, exceptional circumstances. In this case, the withdrawal shall occur immediately after the reason for cancellation becomes known.
9.2 If the Tour Operator withdraws from the contract, any claim to the agreed travel price is lost.
9.3 If the Tour Operator is obligated to refund the tour price as a result of a cancellation, it must be done immediately and in any case, within 14 days after the cancellation.
10. Tour Operator’s Rights to Cancel for Important Reasons
10.1 The Tour Operator may terminate the travel contract without notice if the Participant, despite a warning from the Tour Operator, seriously disrupts the performance of booked services or if they behave in such a manner contrary to the contract that the immediate cancellation of the contract is justified.
10.2 If the Tour Operator cancels for one of the reasons listed above, they retain the right to the agreed travel price. Any additional costs for return transportation shall be borne by the disruptive party. The Tour Operator however must take into account the value of saved expenses as well as the advantages that were gained from another use of the unused service, including the amounts credited to them by the service providers.
11. Obligations of the Participant to Cooperate
11.1 Travel Documents
The Participant shall inform the Tour Operator if the Participant does not receive the necessary travel documents (e.g. airplane tickets, hotel vouchers) within the time period communicated by the Tour Operator.
11.2 Notice of Defect/Request for Remedy
11.2.1 If the trip is not free of defects, the Participant can seek redress. Insofar as the Tour Operator was unable to provide a remedy because the Participant failed to give notice of the defects, the Participant can neither assert a claim for reduction pursuant to § 651m BGB nor claim for damages pursuant to § 651n BGB.
11.2.2 The Participant is obligated to immediately give notice of defects to the Tour Operator’s representative on site. If a representative is not available on site, and contractually not responsible, the travel defects are to be brought to the attention of the Tour Operator through the Tour Operator’s identified point of contact. The availability of the Tour Operator’s representative or point of contact on site is indicated in the travel confirmation. However, the Participant may also bring notice of defects to the attention of a travel agent through whom they had booked the package tour.
11.2.3 The representative of the Tour Operator is authorized to remedy the lack of conformity, if possible. However, they are not permitted to acknowledge any claims.
11.3 Deadline before Termination
If the Participant wishes to terminate a booked travel package as a result of a travel defect as described in § 651i, Para.2 BGB insofar as it is significant, pursuant to § 651l, the Participant must give the Tour Operator a reasonable deadline for remedial action. This shall not apply, if the Tour Operator’s remedy is refused or if an immediate remedy is necessary.
11.4 Baggage Damage and Baggage Delay in Air Travel; Special Rules and Deadlines when Seeking Redress
11.4.1 It is pointed out to the Participant that loss, damage and delay of baggage in connection with air travel must be reported by the traveler to the responsible airline immediately on site by means of a property irregularity report ("P.I.R.") in accordance with the provisions of aviation law. Airlines and tour operators may refuse reimbursement on the basis of international agreements if the PIR report has not been completed. The notice of claim must be filed within seven (7) days in the case of damage to baggage and within 21 days in the case of delay.
11.4.2 In addition, the loss, damage or misdirection of luggage must be reported immediately to the Tour Operator, its representative or contact point or to the travel agent. This does not release the Participant from reporting the damage to the airline in accordance with paragraph 11.4.1 herein within the deadlines listed above.
12. Limitation of Liability of the Tour Operator
12.1 The Tour Operator’s contractual liability for damages, which are
1) not bodily injury and
2) not culpably caused,
is limited to three times the tour price. Potential additional claims based on international agreements or legal regulations based on such agreements shall remain unaffected by the limitation.
12.2 The Tour Operator shall not be liable for default in performance, personal injury or property damage in connection with services that were simply arranged as third-party services (e.g. arranged excursions, sports events, theater visits, exhibits) if these services were expressly identified as third-party services in the travel announcement and in the travel confirmation stating both the name and address of the contractual partner in such a clear manner that the Participant recognizes that the services are not a part of the Tour Operator’s package tour and that they must be selected separately. §§ 651b, 651c, 651w and 651y BGB shall remain unaffected.
12.3 The Tour Operator however shall be liable if and to the extent that the damage suffered by the Participant was caused by a breach of the Tour Operator's duties to inform, explain or organize the tour.
13. Information on the Assertion of Claims
13.1 The Participant can assert a claim against the Tour Operator pursuant to § 651i para. 3 points 2, 4-7. The assertion can also be made against the travel agent if the travel package was booked through this agent. A claim asserted on a permanent data medium is recommended.
13.2 With regard to the Act on Alternative Dispute Resolution in Consumer Matters, the Tour Operator acknowledges that it would not voluntarily take part in consumer dispute resolution. If consumer dispute resolutions become necessary after the printing of the Travel Conditions, the Tour Operator shall inform the Participant in an appropriate form. The Tour Operator refers to all travel contracts that were signed in the electronic legal traffic on the European online dispute resolution platform (http://ec.europa.eu/consumers/odr).
13.3 The claim can be made to the Tour Operator at the address given below:
|Managing Directors: Volker Zetsche, Meike Zetsche|
|T: +49 711 340335-55|
|Amtsgericht Stuttgart (HRB 780794)|
|VAT-ID: DE 346419398|
14. Information Requirements regarding the Identity of the Airlines
Per EU regulations, the Tour Operator is required to inform the Participants at the time of booking which operating air carriers will be used within the scope of the booked trip.
If at the time of the booking, the airline has not been determined yet, the Tour Operator is required to inform the Participant which airline(s) will probably operate the flight(s). As soon as the Tour Operator can confirm which airline(s) will be used, the Participant must be informed.
If there is a change in airlines, the Tour Operator must promptly inform the Participant. The Tour Operator must take reasonable steps to ensure that the Participant is informed of the change as soon as possible. The list of airlines that are banned from operating in the EU (Community List, formerly the “Black List”) can be found on the following internet page:
15. Passport, Visa and Health Regulations
15.1 Before the travel contract has been signed, the Tour Operator shall inform the Participant of all general passport and visa requirements as well as health formalities for the destination country including the approximate deadlines for obtaining any necessary visas. The Tour Operator shall also inform the Participant of any changes before departure.
15.2 The Participant is responsible for obtaining and carrying the official travel documents required, for obtaining any required vaccinations and for complying with customs and foreign exchange regulations. Disadvantages arising from non-compliance, e.g. the payment of cancellation fees are the responsibility of the Participant. This shall not apply if the Tour Operator did not inform the Participant or if the information was incorrect or insufficient.
15.3 In the case where the Participant retained the Tour Operator to obtain the necessary visa from the relevant authorities, the Tour Operator shall not be liable for the timely procurement of the documents unless the Tour Operator violated its own obligations.
15.4 The Participant is required to comply with all required hygiene measures at the destination before and for the duration of the trip. This shall also apply to Corona antigen rapid tests and PCR tests.
15.5 Any costs incurred for these hygiene measures and for all health checks both at the destination and at home, as well as during the trip shall be borne by the Participant.
16. Data Protection
17. Applicable Law, Jurisdiction
17.1 The contractual relationship between the Participant and the Tour Operator shall be governed by German law. Claims regarding consumer protection standards can only be asserted by the Participant according to German law or to the law of the EU Member State where the Participant resides.
17.2 Exclusive jurisdiction shall be Stuttgart (Germany) for any and all claims present and future which arise from or in connection with this contract raised by fully qualified merchants, by people who do not have a general place of jurisdiction in Germany, or by people who have changed their residence or have moved abroad after this contract was signed or by people whose place or residence or habitual abode is unknown at the time the action is brought as well as passive litigation.
|Managing Directors: Volker Zetsche, Meike Zetsche|
|T: +49 711 340335-55|
|Amtsgericht Stuttgart (HRB 780794)|
|VAT-ID: DE 346419398|
B. Special Terms and Conditions for the Brokerage of Travel Services
1. Scope of Application; Contractual Conditions
1.1 The following terms and conditions in this Part B (“Brokerage Conditions”) shall apply for the procurement of individual travel services by third party providers through zet:motion GmbH;
1.2 With regard to the services of third party providers, zet:motion shall act exclusively as the broker for the respective services and broker contracts on behalf of and for on account of the respective providers. In the case of the booking of a third party travel service, a paid service agreement shall arise between the Participant and zet:motion. In this respect, and to the extent they do not conflict with mandatory legal provisions, the mutual rights and obligations of the Participant and zet:motion shall arise from the contractual obligations set forth in each individual case, from these brokerage terms and conditions as well as from general legal provisions, in particular §§ 651v BGB (German Civil Code) in conjunction with Article 250 EGBGB (Introductory Act to the German Civil Code), §§ 675, 631 ff BGB.
1.3 The rights and obligations of the Participant vis-à-vis the contractual partner (service provider) of the brokered service shall be governed exclusively by each specific agreement made, in particular – insofar as effectively agreed – regarding its terms and conditions of transport and business. These may include payment conditions, provisions regarding payment due dates, liability, cancellation, rebooking and refunds as well as other restrictions and obligations of the Participant. In the absence of special agreements or references, the statutory terms and conditions of transport and tariff provisions issued by the competent transport authority or those applicable because of international agreements shall apply to transport services.
2. Conclusion of Contract
2.1 On the website from zet:motion. GmbH under “Additional Items”, the Participant can express interest in booking additional travel services that are not provided by zet:motion GmbH but which can be procured through zet:motion and the Participant can request that these additional travel services be booked. With zet:motion. GmbH’s acceptance of the arrangement request, a service contract is entered into between the Participant and zet:motion. GmbH for the brokerage of travel services comes into effect. The order and acceptance do not require a specific form.
2.2 If the booking request is made electronically (e.g., email, Internet, messenger service), zet:motion. GmbH shall acknowledge receipt of the request promptly with an electronic confirmation. The confirmation of receipt of the request does not yet constitute confirmation of the acceptance of the brokerage contract.
2.3 It is pointed out that bookings of travel services through remote selling (letters, catalogues, telephone calls, telefaxes, e-mails, short messages via mobile services ("SMS") as well as radio, telemedia and online services) do not include a right of revocation (§§ 312 para. 7, 312g Para. 2 s. 1 point 9 BGB), but merely the statutory rights of withdrawal and cancellation. A right of revocation exists however, if the contract concerning travel services is entered into off-premises, unless the oral negotiations, on which the conclusion of the contract is based, were held based on the order of the consumer; in the latter case there shall be no right of revocation.
3. zet:motion GmbH General Contractual Obligations, Information, Notes
3.1 On the basis of these Brokerage Conditions, the Participant will be advised in the best possible way. If desired, zet:motion. GmbH can make the booking request to the service provider.
3.2 When providing instructions and information, zet:motion. GmbH shall, within the framework of legal regulations and contractual agreements, adhere to the proper choice of information sources and its appropriate transmission to the Participant. An information agreement with a main contractual obligation to provide information arises only when there is an expressly stated agreement. zet:motion. GmbH is not liable for the accuracy of information provided in accordance with § 675 para. 2 BGB (German Civil Code) unless an extra information agreement had been made.
3.3 Without express agreement, zet:motion. GmbH shall not be obligated to determine and/or to offer the most economical provider of a requested travel service. zet:motion. GmbH’s contractual obligations within the framework of “best price guarantees” shall remain unaffected.
3.4 Without express agreement, zet:motion. GmbH shall not assume any guarantee within the meaning of § 276 para. 1 sentence 1 BGB (German Civil Code) with regard to information on prices, services, booking conditions or other conditions of the travel service and, with regard to information on the availability of the services to be brokered, zet:motion. GmbH does not provide a procurement guarantee within the meaning of this provision.
3.5 zet:motion. GmbH shall only accept special requests for the purpose of directing them to the brokered service provider. Unless otherwise expressly agreed, zet:motion. GmbH is not responsible for the fulfillment of such special requests. These are also not a condition or the contractual basis for a brokerage contract or for the booking declaration from the service provider to the Participant which was brokered by zet:motion. GmbH. The Participant shall be advised that usually special requests only become part of the service provider’s contractual obligations when it has been expressly confirmed by the service provider.
4. Documents regarding the Brokered Travel Services
4.1 Both the Participant and zet:motion. GmbH shall be obligated to review all contracts and other documentation from the brokered service provider regarding travel services that were provided to the Participant by zet:motion. GmbH, especially airline tickets, booking confirmations, visas, insurance policies and other documentation regarding the brokered travel services, for both accuracy and completeness and in particular for conformity with the booking and the brokerage contract. zet:motion. GmbH shall be released from this obligation when the travel documents and other contractual documentation were delivered directly from the service provider to the Participant.
4.2 Insofar as the documents for the brokered travel services are not sent directly to the Participant by the service provider, they will be delivered by zet:motion. GmbH in a handover at zet:motion. GmbH’s business offices, or at zet:motion. GmbH’s discretion, by postal or electronic delivery.
5. Liability of zet:motion. GmbH and Participant’s Obligations to Cooperate with zet:motion. GmbH in Cases of Deficiencies in the Brokerage Activity
5.1 The Participant shall notify zet:motion. GmbH of any recognizable errors or deficiencies in zet:motion. GmbH’s brokerage activity immediately upon discovery. This shall include in particular erroneous or incomplete personal customer details, other information and documentation of the brokered travel services as well as the incompletion of any brokerage services (e.g., bookings or reservations not made).
5.2 If the Participant fails to give notice in accordance with Section 5.1 above, the following shall apply:
a) If the Participant’s failure to give notice to zet:motion. GmbH is through no fault of their own, their claims shall not be forfeited.
b) The Participant’s claims against zet:motion. GmbH shall no longer apply insofar as zet:motion. GmbH proves that the Participant would not have suffered a loss or would not have suffered a loss in the amount claimed by the Participant if they had given proper notice. This shall apply in particular if zet:motion. GmbH can prove that they could have remedied the deficiency or reduced the damage e.g. by rebooking, an additional booking or cancellation with the brokered service provider if they had been notified by the Participant of the defect in a timely manner.
c) The Participant’s claims against zet:motion. GmbH shall not be forfeited despite Participant’s failure to give notice in accordance with Section 5.1,
• in case of damages arising from injury to life, body or health, resulting from an intentional or negligent breach of a duty by zet:motion. GmbH or by a legal representative or a vicarous agent of zet:motion. GmbH,
• in case of other damages resulting from an intentional or grossly negligent breach of a duty by zet:motion. GmbH or by a legal representative or a vicarous agent of zet:motion. GmbH,
• in case of breach of an essential obligation, the satisfaction of which only enables the proper execution of the contract at all or where the breach jeopardizes achievement of the purpose of the contract.
The liability for booking errors pursuant to § 651x BGB (German Civil Code) shall remain unaffected.
5.3 The Participant’s contractual and/or legal obligation to report any deficiencies to the brokered service provider remains unaffected by this Clause 5.
5.4 The Participant is asked in their own interest to inform zet:motion. GmbH of any special needs or restrictions in view of the requested travel services.
6. Remuneration Claims by zet:motion. GmbH
6.1 The following applies to the prices and service charges for the procurement of air transportation services from airlines.
6.1.1 The prices quoted and invoiced are airline prices, which generally do not include any commission or other remuneration from the airline for zet:motion. GmbH’s involvement.
6.1.2 zet:motion. GmbH’s payment for its brokerage activities is usually made through service fees to be paid by the Participant. The service fees for the brokerage activities of zet:motion. GmbH and for other activities in connection with the flight booking result, unless otherwise agreed in individual cases, from the fees disclosed to and agreed upon by the Participant. If no agreement has been made regarding the amount of a corresponding service fee, the Participant shall owe zet:motion. GmbH consideration according to the statutory provisions, i.e., the Participant has an obligation to pay a standard remuneration.
6.2 Service fees for the procurement of other travel services and for other activities on behalf of the Participant require a corresponding agreement. This can be achieved, for example, by a clearly visible notice from zet:motion. GmbH during the booking process.
6.3 zet:motion. GmbH's claim for service fees - also in the case of flight procurement - remains unaffected by service disruptions or changes, in particular rebooking, name changes, withdrawal, cancellation, annulment, or termination of the brokered contract by either the service provider or the Participant. This does not apply as far as the Participant’s claim for reimbursement arises from contractual or legal claims in the form of a claim for damages resulting from zet:motion. GmbH’s shortcomings in their consulting or brokerage activities.
7. Payments to Third Party Providers (Service Providers)
7.1 zet:motion. GmbH is entitled to demand payments in accordance with the terms of the brokered service provider’s service and payment conditions, insofar as these have been effectively agreed upon between the service provider and the Participant and which contain operative payment provisions. As a rule, payments for air transportation contracts are due immediately upon receipt of the airline's confirmation.
7.2 zet:motion.GmbH, may assert payment claims against the Participant that comply with agreements between zet:motion. GmbH and the service provider acting as the service provider's agent for collection, but also in its own right on the basis of the Participant’s legal obligation to make an advance payment as the customer in accordance with § 669 BGB.
7.3 The above provisions shall apply to cancellation fees (cancellation payment) and other statutory or contractual claims by the brokered service provider.
7.4 The Participant may not assert their own claims for payment against zet:motion. GmbH (e.g. for service fees) which the Participant has against the brokered service provider, by way of retention or set-off, in particular as a result of unsatisfactory performance of the brokered contract. This does not apply if and to the extent that the occurrence of such claims is caused by a negligent violation of contractual obligations and zet:motion. GmbH is the cause or a contributory cause for such claims or zet:motion. GmbH is liable to the Participant for the asserted counterclaims for other reasons.
8. zet:motion. GmbH’s Obligations regarding Claims by the Participant asserted against the Brokered Service Providers
8.1 Claims must be asserted against the brokered service providers within specific deadlines, which may be statutory or the result of a contractual agreement. As a rule, these deadlines are not preserved by asserting claims against zet:motion. GmbH. This also applies if the Participant has claims regarding the same travel service against both zet:motion. GmbH and the service provider.
8.2 In the case of complaints or other assertion of claims against the brokered service provider, zet:motion. GmbH’s obligation is limited to providing the necessary and known information and documents, in particular the names and addresses of the brokered service providers.
8.3 If zet:motion. GmbH undertakes - even without being obligated to do so - the forwarding of the Participant’s claim letters to arrive in due time, zet:motion. GmbH shall only be liable for its timely receipt by the recipient in the event zet:motion. GmbH caused the deadline to be missed deliberately or as a result of gross negligence.
8.4 With regard to any claims by the Participant against the brokered service providers, zet:motion. GmbH is under no obligation to give advice regarding the type, scope, amount, claim prerequisites, deadlines to be observed or other legal provisions.
9. Important Information regarding Insurance of Brokered Travel Services
zet:motion. GmbH expressly draws the Participant's attention to the following:
• The Participant shall have the opportunity to take out a travel cancellation insurance at the time of the booking in order to minimize the cost risk in the event of cancellation by the Participant.
• A travel cancellation insurance usually does not cover the resulting damage that may incur due to a cancellation of the travel services once the travel has commenced - even when no one is at fault. Generally, this specific type of travel cancellation insurance must be taken out separately.
• The insurance conditions of the brokered travel insurances may contain special contractual conditions and/or obligations for the Participant to cooperate in particular regarding liability exclusions (e.g. pre-existing conditions), deadlines for the notification of claims or inclusion of deductibles. zet:motion. GmbH shall not be liable, insofar as they have not given false information regarding the insurance conditions, and the brokered travel insurer exercises a right to refuse performance towards the Participant due to effectively agreed insurance conditions.
10. Liability of zet:motion. GmbH in the Event of Shortcomings or the Nonperformace of Brokered Travel Services
10.1 To the extent that zet:motion. GmbH has not assumed a relevant contractual obligation through an express agreement with the Participant, zet:motion. GmbH shall not be liable for the conclusion of any contracts with the brokered service providers.
10.2 zet:motion. GmbH shall not be liable for any defects and damages incurred by the Participant in connection with the brokered travel service. This does not apply in case of an express agreement or assurance by zet:motion. GmbH, especially when this deviates significantly from the service description of the service provider.
10.3 Any of zet:motion. GmbH's own liability arising from a negligent violation of brokerage obligations as well as the liability in accordance with § 651x BGB remains unaffected by the above provisions.
11. Obligation of zet:motion. GmbH regarding Entry Requirements, Visas and Insurances
11.1 In the event of brokered package tours, zet:motion. GmbH, as travel broker, is obligated to inform the Participant/traveller of general passport and visa regulations in the destination country, including the approximate deadlines for obtaining visas as well as the existence of any health formalities. This expressly does not apply to the brokerage of linked and individual travel arrangements. In these cases, the travel agent will only inform the Participant about entry and visa regulations if it had been previously and expressly agreed to by the parties or if there are special circumstances known or recognizable to the travel agent that require express instruction and this information is not already contained in the offer documents available to the Participant.
11.2 zet:motion. GmbH’s obligations to inform are limited to providing information from current, industry-standard sources of information. zet:motion. GmbH does not have a special duty to investigate unless there is an express agreement to the contrary. zet:motion. GmbH can also fulfill its duty to provide information by advising the Participant of the necessity of making their own specific inquiries and referring them to the relevant information sources.
11.3 The above provisions shall apply accordingly with regard to information regarding customs regulations, health entry regulations, prophylactic health precautions which could affect the Participant and their fellow travelers, as well as import and export regulations.
11.4 If zet:motion. GmbH, with or without payment, takes over the electronic registration of the Participant(s) for the purpose of obtaining travel permits as a prerequisite for entry into or transit through certain countries, the following shall apply: Unless otherwise expressly agreed, the assumption of this activity shall not constitute an obligation on the part of zet:motion. GmbH for further inquiries or information about entry or transit formalities or transit stays on the trip and especially not for obtaining visas. It is pointed out to the Participant that the electronic entry permit does not replace the final entry permit by the border authorities of the respective country.
11.5 zet:motion. GmbH is not obligated to procure visas or other documents required for the execution of the trip without a special express agreement. In cases of acceptance of such an order, zet:motion. GmbH itself may demand remuneration for its activities if this has been agreed upon or if the activities were owed only against corresponding remuneration under the circumstances.
11.6 zet:motion. GmbH is not liable for the issuance of visas and other documents nor for their timely receipt. This does not apply if the reason for the non-issuance or the delay is the result of zet:motion. GmbH’s negligence which contributed to the delay.
12. Obligations of zet:motion. GmbH in Connection with the Procurement of Air Transportation Services
12.1 In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, zet:motion. GmbH is also obligated as a travel agent to inform the airline passenger of the identity of the operating airline at the time of booking. If the operating airline has not yet been determined at the time of booking, zet:motion. GmbH shall provide the Participant with the information available from the brokered company about the airline that is likely to operate the flight. In case of a change of the airline, the Participant shall be informed immediately about the change. The Community list of banned airlines in the European Union is available on the websites ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm and www.lba.de.
12.2 The contractual relationship between the Participant and the airline is governed - as far as applicable - by the legal provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions and directly, as domestic legal provisions,
• Regulation (EC) No. 261/2004 on air passenger rights,
• Regulation (EC) No. 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier,
• Regulation (EC) No. 1107/2006 of the European Parliaments and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air.
12.3 The Participants are strongly advised to inform themselves about their rights as airline passengers, e. g., through notices at the airport, provided by the operating air carrier or through information sheets provided by the Federal Aviation Office (Luftfahrt-Bundesamt) at www.lba.de.
13. Data Protection
14. Alternative Dispute Resolution; Applicable Law an Jurisdiction
14.1 With regard to the Act on Alternative Dispute Resolution in Consumer Matters, zet:motion. GmbH acknowledges that it would not voluntarily take part in consumer dispute resolution. If consumer dispute resolutions become necessary after the printing of the Travel Conditions, zet:motion. GmbH shall inform the Participant in an appropriate form. zet:motion. GmbH refers to all travel contracts that were signed in the electronic legal traffic on the European online dispute resolution platform (http://ec.europa.eu/consumers/odr).
14.2 The contractual relationship between the Participant and zet:motion. GmbH shall be governed by German law. Claims regarding consumer protection standards can only be asserted by the Participant according to German law or to the law of the EU Member State where the Participant resides.
14.3 Exclusive jurisdiction shall be Stuttgart (Germany) for any and all claims present and future which arise from or in connection with this contract raised by fully qualified merchants, by people who do not have a general place of jurisdiction in Germany, or by people who have changed their residence or have moved abroad after this contract was signed or by people whose place or residence or habitual abode is unknown at the time the action is brought as well as passive litigation.
|Managing Directors: Volker Zetsche, Meike Zetsche|
|T: +49 711 340335-55|
|Amtsgericht Stuttgart (HRB 780794)|
|VAT-ID: DE 346419398|