Terms and Conditions
Terms of travel
Please read these travel conditions carefully as they shall constitute the travel package contract in case of a booking. They apply to all package tours of the tour operator.
FRS Travel GmbH (hereinafter referred to as "FRS Travel" or "tour operator")
Tel: +49 461 864 609
Email: [email protected]
In addition, the General Conditions of Carriage (ABB) of FRS Syltfähre GmbH & Co. KG (hereinafter referred to as "FRS Syltfähre") and FRS Helgoline GmbH & Co. KG (hereinafter referred to as "FRS Helgoline"), which are available on our website, apply to the ferry services. The rights and obligations of FRS Travel and you under the travel contract law and these detailed travel conditions are not restricted by the conditions of the FRS Syltfähre and FRS Helgoline.
Conclusion of the travel contract
Services and special requests
Changes in services
Ship transport, on-board regulation
Your right of withdrawal before departure
Resignation and termination by FRS Travel
transfer of contract
Notification of defects, remedy, reduction, termination
Damages and limitation of liability
Passport, visa and health regulations
§ 1 Conclusion of the travel contract
1. With your booking, you are agreeing to enter a binding travel package contract with FRS Travel. You can make the booking in writing, (by phone) orally or electronically. The basis of this offer is the travel offer and the additional advance information from the tour operator for the respective trip, as far as you have these when booking. Upon request, the tour operator will also send you the contract documents by post. Please note that a shipping fee of 4, - € will be due immediately. The travel package contract is concluded with the receipt of the written booking confirmation from FRS Travel.
2. You are responsible for all the contractual obligations of travelers for whom you make the booking for ("co-traveler") just as for your own, if you have accepted this obligation through an explicit and separate declaration.
3. The booking confirmation (in accordance with § 1(1)) contains all essential information about the travel services booked by you and will be sent to you immediately after the conclusion of the contract. An electronic data carrier is sufficient for the transmission. If the content of the booking confirmation deviates from the content of your booking, FRS shall be bound by this new offer for 10 (ten) days. The contract shall be concluded on the basis of this new offer, if the tour operator confirms the new offer, fulfils its obligation and you accept by express declaration or payment within the time frame.
4. If you have not received the travel documents (hereinafter also "vouchers") at the latest 4 days before your trip, please contact FRS Travel immediately. In your own interest, we ask you to carefully check the vouchers upon receipt.
§ 2 Payment
1. Upon conclusion of the contract, the total price of the package tour will be due upon delivery of the booking confirmation and receipt of the security certificate. This must be paid within 7 (seven) days of booking. To secure customer deposits, the tour operator has taken out a bankruptcy insurance policy with R + V Allgemeine Versicherung AG.
2. You can pay by credit card or bank transfer. The tour operator reserves the right to change the accepted methods of payment at any time with effect for the future.
3. When paying by bank transfer, FRS Travel requires the first name, surname, full address, telephone number and e-mail address of the booking party.
4. If you pay by credit card, FRS Travel will need your full address and agreement to withdraw from your credit card. In some cases, another authentication feature is required.
5. Upon payment of the full travel price, you will receive your vouchers, at the earliest 3 (three) weeks before the trip starts.
6. If you do not pay (due in whole or in part) even after due notice with a deadline, FRS Travel reserves the right to withdraw from the travel contract and to charge the compensation flat rates agreed in accordance with § 6 (2).
7. The compensation flat rates in the case of a resignation (§ 6 (2)) or a termination (§ 7 (2)) by FRS Travel and the processing and rebooking fees (§ 3 clause (2), (4)) are due immediately.
§ 3 Services and special requests
1. The performance obligation of the tour operator results exclusively from the content of the booking confirmation and the travel advertisement. Costs for incidental services such as obtaining visas or border fees or similar are not included in the tour price.
2. FRS Travel makes every effort to comply with any special requests from you. Any special agreements (special requests, side agreements, other agreements) require the written confirmation of FRS Travel to be effective, provided that this changes the scope of the contractual service. In case of contradictions, the booking confirmation is decisive. FRS Travel reserves the right to charge a service charge of € 10 per person for processing special requests, side agreements or other agreements.
3. Special requests can only be confirmed by FRS Travel; service providers (e.g., ferry companies, hotels) are not authorized by the tour operator to provide assurances or to make arrangements that go beyond or contradict the contents of the booking confirmation.
4. If desired and as far as practicable, FRS Travel will make a change to the booking confirmation (rebooking). As rebooking applies e.g. a change of the travel date. For this a change fee of 10, - € per person is charged. § 2(8) applies accordingly. If the travel date is changed, the travel price will be recalculated on the basis of the applicable prices and conditions. FRS Travel reminds you that additional costs may be incurred by a rebooking.
5. The entrainment of pets is only permitted if the terms of reference expressly permit this or the tour operator has agreed to take them in writing. If it is allowed, the pet owner must also ensure that
a. The pets may also be taken ashore in accordance with official and / or statutory provisions of the destination and
b. The pets pose no danger and the pet owner meets his duty of supervision and
c. The pets do not harass fellow travelers.
The tour operator and authorized persons have the right to charge animals in accordance with points a. to c. to exclude them from the journey. In addition, animals may not be accommodated in seats.
§ 4 Service Changes
1. Changes before the conclusion of the contract can be made by FRS Travel for objective reasons. Of course FRS Travel will inform you about such changes before booking. In the case of sea voyages, decisions about necessary changes to the journey time and / or routes, for example for safety or weather reasons can only be made by the captain.
2. Changes after conclusion of the contract are permitted insofar as they are insignificant (for example, changes in travel times or routes, in particular for reasons of safety or weather). This shall not affect any warranty claims, in particular, insofar as the changes are subject to defects.
3. FRS Travel will inform you about the change in performance on a durable medium in a clear, understandable and highlighted manner. If necessary, FRS Travel will offer you a free rebooking or a free cancellation.
4. In case of significant changes or deviations from your special requirements, which have become part of the contract, you are entitled to accept the change or to declare your withdrawal from the contract. You are also free to respond to the notification of the change or not. If you fail to respond to FRS Travel within 10 (ten) days of receipt of the change notice, the notified change will be deemed accepted. For this purpose, the requirements of § 4 (3) sentence 1 apply.
5. Any warranty claims remain unaffected, as far as the changed services are defective. If lower costs arise for the changed package holiday of equivalent quality, FRS Travel will reimburse you the additional amount according to § 651m paragraph 2 BGB.
§ 5 Ship transport, on-board regulations
1. FRS Travel utilizes the FRS Syltfähre ferry service for the crossing to and from Sylt and the FRS Helgoline ferry service for Hamburg, Cuxhaven and Heligoland. By booking, you agree to the General Conditions of Carriage (ABB) of FRS Syltfähre or FRS Helgoline. ABB is available on the FRS Travel website.
2. You are required to comply with all ship performance regulations and other FRS Syltfähre or FRS Helgoline authorized instructions relating to safety and order on board. Additionally, you are obliged to do everything you can be reasonably expected to do in order to remedy the incident and to minimize any damage that may occur.
3. Weapons, flammable, corrosive and other dangerous objects as well as objects whose possession is forbidden or punishable by law or other objects which are unsuitable for the purpose of the journey may not be taken on the journey. If such items are discovered during the journey, the tour operator and authorized personnel may take these items into custody and remove them at the expense of the owner.
4. You are prohibited from contaminating or damaging ship's spaces, equipment or objects; improperly operating or damaging safety equipment; or throwing objects of any kind off the ship. Smoking bans are to be strictly observed.
5. It is your responsibility to board the boat no later than 20 minutes before the start of the journey in accordance with the timetable.
6. In addition, FRS Travel reserves the right to terminate the travel package contract for breaches of the on-board ordinance (§ 5 (1) - (5)) without notice - if necessary after unsuccessful reminder (§ 7 (2a)).
§ 6 Your right of withdrawal before departure
1. You can withdraw from the contract at any time prior to departure. The resignation must be declared to FRS Travel. FRS Travel recommends that you declare your withdrawal on a durable medium.
2. If you cancel before the start of your journey or if you do not start the journey, FRS Travel loses the claim to the agreed travel price. However, the tour operator requires the following flat rate compensation, measured on
- Period between withdrawal and the start of the journey,
- Anticipated savings of expenses of the tour operator, and
- Expected purchase through other use of travel services.
Up to 29 days before departure
From 28 days to 11 days before departure
20% of the travel price per person
From 10 days to 4 days before departure
90% of the travel price per person
From 3 days before departure, non-arrival, late cancellation
100% of the travel price per person
The date of receipt of the withdrawal by the tour operator is decisive. You are entitled to prove that the fees due to the tour operator are substantially lower than the required compensation fee. In addition, FRS Travel reserves the right, if appropriate, to demand higher, individually calculated compensation.
3. You also have to pay withdrawal fees in cases where you cannot show the necessary travel documents (visa, passport, etc.) and therefore cannot travel or you are not able to arrive in the time stated in the travel documents respective departure place. These fees are also incurred by you for travel participants within the meaning of § 1 (2) who cannot show travel documents or who do not arrive in time at the contractually agreed place of departure.
4. Your right under § 8 remains unaffected.
§ 7 Withdrawal and termination by FRS Travel
1. FRS Travel may withdraw from the contract before departure in the following cases:
a. Where fewer people, than the minimum required participants specified in the contract, have registered for the travel package;
b. The tour operator is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; or
c. For non-payment of the travel price after reminder and deadline according to § 2 (6)
In the case of a. the tour operator will declare the withdrawal within the period specified in the contract, however at the latest:
- 20 days before departure for stays of more than 6 days;
- 7 days before departure for a minimum of 2 days and 6 days maximum; or
- 48 hours before departure for a journey of less than 2 days.
In the case of b. the tour operator will announce the withdrawal immediately after knowledge of the reason for withdrawal. Unavoidable and exceptional circumstances exist when they are not under the control of the party relying on them and could not have avoided their consequences even if all reasonable precautions had been taken.
In the case of c. the tour operator will immediately declare the withdrawal after an unsuccessful deadline.
2. FRS Travel may terminate the travel package contract in the following cases:
a. In the event of violations of the on-board order in accordance with § 5(1) – (5) by you or a co-traveler (§ 1 (2))
b. If the execution of the trip is disturbed by you and persists even after a warning
c. If you act contrary to the contract to such an extent that an immediate cancellation of the contract is justified
In these cases, FRS Travel will terminate the contract without delay and where necessary after an unsuccessful reminder.
3. Where FRS Travel withdraws from the contract based on points 1a. or 1b. , FRS Travel will lose its claim to the agreed travel price. If FRS Travel is obliged to reimburse the travel price as a result of a cancellation, FRS Travel will pay immediately, but in any event within 14 days after the cancellation.
Where FRS Travel withdraws from the contract based on point 1c., you lose the right to benefit from the travel package. FRS Travel may in addition claim compensation against you according to §6(2).
4. If FRS Travel terminates due to a reason in accordance with point 2, the tour operator reserves the claim to the travel price. In addition, you will have to bear any additional costs for the return transport yourself.
§ 8 Contract transfer
You may declare, within a reasonable period of time prior to departure, on a durable medium, that a third party take your place including all the obligations and rights in the travel contract. This declaration must be provided to FRS Travel latest seven (7) days before the date the start of the journey. FRS Travel may object to the entry of third parties if they do not meet the contractual travel requirements. If a third party enters into the contract, he and you are liable to the tour operator as the joint debtor for the travel price and the additional costs incurred by the entry of the third party. The tour operator may demand reimbursement of additional costs only if and insofar as this is appropriate and actually incurred. FRS Travel will give you proof of the amount of additional costs incurred by the third party.
§ 9 Travel insurance
FRS Travel recommends the conclusion of a comprehensive travel insurance package, in particular travel cancellation insurance and insurance to cover the costs of repatriation in the event of accident, illness or death.
§ 10 Notification of defects, remedy, reduction, termination
1. FRS Travel has to provide you with a travel package free of travel defects. If the travel package is defective, you can, if the conditions of the following regulations are met and unless otherwise specified:
- Demand remedy in accordance with § 651k BGB, remedy the situation yourself and demand compensation for the necessary expenses, demand redress through replacement travel services and request the costs for a necessary accommodation
- Terminate the contract according to § 651l
- Reduce the travel price and enforce the rights under § 651m BGB; and
- Claim damages in accordance with § 651n BGB (German Civil Code) or reimbursement of futile expenses according to § 284 BGB.
If you require a remedy, the tour operator has to remedy the travel shortage.
2. To enforce these rights, you must notify FRS Travel immediately of the deficiencies in the travel service. The necessary contact details can be found on your vouchers. As far as the tour operator could not remedy such a defect as a result of your culpable omission of notification, you are not entitled to assert the rights arising from § 651m BGB or to demand compensation according to § 651n BGB. A notification of defects is not required if FRS Travel refuses to remedy the situation or if the immediate remedy is necessary.
3. In addition, FRS Travel may refuse to remedy the defect if the remedy is impossible or disproportionately expensive, taking into account the extent of the travel defect and the value of the travel service concerned.
4. If the travel package is significantly affected by deficiencies in the travel, you can cancel the contract. Termination is only permitted if the tour operator fails to correct the defect within a reasonable time limit set by the customer. Additionally, the requirements of §§ 651 l (1), 651k (2) sentence 2 BGB apply.
5. If the contract is subsequently canceled, you retain the right of repatriation if the contract includes the carriage. You owe FRS Travel only the portion of the travel price that is due on the services used or to be provided to end the travel package.
§ 11 Damages and limitation of liability
1. You can claim damages regardless of the reduction or termination, unless the lack of travel is
a. your fault,
b. caused by a third party who is neither a service provider nor otherwise involved in the provision of the travel services covered by the package travel contract, and was unpredictable or unavoidable by the tour operator; or
c. caused by unavoidable, extraordinary circumstances.
You can also ask for reasonable compensation in money for useless spent vacation time.
2. The liability of FRS Travel is limited to three times the travel price for damages that are not physical damages - this also includes the liability for breach of ancillary, secondary or subsequent contractual obligations - and are not culpably caused by the tour operator.
3. If international agreements or national legal requirements based on these international agreements, grant damage claim only under certain conditions or only with certain limitations or exclude damage claim under certain conditions against the travel operator, apply to any of the travel arrangements, FRS Travel may invoke these agreements and or legal requirements.
4. The tour operator is not liable for performance, personal injury or property damage in connection with "external services" – i.e. services that are only mediated or carried out by third parties (e.g. public transport, sporting events, theater visits, exhibitions) -
provided that these services are clearly identified as external services, so that they are clearly recognizable as not being part of the travel package contract and that these third parties are not vicarious agents for FRS Travel.
§ 12 Assignment and statute of limitation
1. Your claims referred to in § 10 (1) and § 11 (1) become statute-barred in 2 (two) years from the day on which the travel package ends according to the contract.
2. For the other claims, the regular limitation period of 3 (three) years according to § 195 BGB applies. For the beginning of the limitation period § 199 paragraph 1 BGB applies.
3. An assignment of possible claims that you have against FRS Travel is excluded.
§ 13 Passport, visa and health regulations
1. FRS Travel informs you about general passport and visa requirements and health formalities of the destination country. In addition, the tour operator also informs you of the approximate deadlines that are required to obtain any necessary visas. However, you are responsible for obtaining and carrying the necessary official travel documents, necessary vaccinations and compliance with customs and foreign exchange regulations. As customs and foreign exchange regulations are rigorously handled in different countries, FRS Travel recommends that you be fully informed and strictly follow the rules.
2. If your travel requires a passport or if an ID card is sufficient, you can read in the preliminary information. Make sure that your identity card / passport has a valid travel period.
3. Disadvantages arising from non-compliance will be at your expense unless FRS Travel has provided insufficient or false information. FRS Travel is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation. Obtaining visas is about 8 (eight) weeks.
§ 14 General
2. FRS Travel does not participate in the Alternative Dispute Resolution (ADR) procedure and does not use the online dispute resolution platform provided by the EU Commission at ec.europa.eu/consumers/odr/ (OS -Platform).
3. The invalidity of individual provisions of the travel contract or the present travel conditions does not result in the ineffectiveness of the entire travel contract.