General travel conditions

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The general travel conditions are right to travel Terms and Conditions , the tour operators in the travel contract with travelers a basis.

General

General terms and conditions (GTC) are general terms and conditions on which entrepreneurs base their contracts . The German Travel Association recommends the general travel conditions as non-binding terms and conditions for travel contracts from tour operators . Its provisions are framework provisions that can be specifically tailored by the individual tour operators to the types of travel and organizational structures. The general terms and conditions of travel are constantly updated; on February 23, 2000 the general terms and conditions for travel contracts in Germany tourism were published in Federal Gazette No. 37.

Legal issues

As general terms and conditions, they are subject to constant review by the courts ( content control ) based on Section 305 ff. BGB . In accordance with Section 305, Paragraph 2, No. 2 of the German Civil Code, they must be given to the traveler in full before the travel contract is concluded. The travel law of the BGB, which has been in effect since April 1, 2018, expressly recognizes the general travel conditions in Section 651f (3) and Section 651h (2) BGB. After § 651P para. 1 BGB the tour operator can at vacation packages by agreement with the traveler in the terms and conditions provided his liability for non-culpable damage or damage caused by negligence third performer to three times the travel price limit. According to the case law of the Federal Court of Justice (BGH), an obligation to provide advance performance in terms and conditions can be effectively agreed if it is justified by an objective reason that is also valid when weighing the disadvantages for the contractual partner. Advance payments of 20% of the travel price are permitted under travel law .

See also

literature

to terms and conditions in travel contracts:

Individual evidence

  1. ↑ Kurt Schellhammer, Law of Obligations according to the Basis of Claims: BGB General Part , 2014, p. 329
  2. ↑ BGHZ 141, 108 , 114
  3. ↑ BGH, judgment of December 9, 2014, Az .: X ZR 13/14 = BGH NJW-RR 2015, 621