General Terms and Conditions of Eurowings Holidays GmbH

for booking package tours of the brands Eurowings Holidays and Holidays Last Minute:

1. Scope of application

The following terms and conditions become part of the package tour contract (hereinafter referred to as “travel contract”) that you and we enter into when you make a booking. These terms and conditions supplement and expand on the statutory provisions of §§ 651 a-y BGB, 250 and 252 EGBGB. These terms and conditions do not apply to the brokerage of associated travel services within the meaning of § 651w BGB. Furthermore, these terms and conditions do not apply to business trips if a framework agreement for the organization of business trips has been concluded with you.

2. Conclusion of contract

Package tours from Eurowings Holidays GmbH can be purchased in a variety of ways (e.g. travel agency, online, etc.). The following applies to all these booking methods: 

1. The basis of the offer is exclusively our travel description and the supplementary information for the respective trip in the form in which they are available to you at the time of booking. Individual service providers, such as hotels or transport companies, are not authorized to make any assurances or provide any information to you that would modify the content of the travel contract as transmitted by us, go beyond the contractually promised services or contradict the travel description. In particular, local and hotel brochures are not binding unless they have been made part of the travel contract through our agreement with you. 

2.

a) By making a travel reservation, you are making us a binding offer to enter into a travel contract. 

b) The travel contract is only concluded upon receipt of our declaration of acceptance (booking confirmation), which is sent on a durable electronic data medium (which enables you to store the declaration unchanged in a way that allows you to access it within a reasonable period of time, e.g. paper or email) and which contains all the information about the services you have booked that is in accordance with legal requirements. If the booking of the trip took place with both parties being simultaneously present or outside of business premises (Section 312 b BGB), you will receive the booking confirmation in paper form in accordance with Article 250 §6 para. 1 sentence 2 EGBGB. 

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

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

b) A corresponding correction option is available to you to correct your entries, delete or reset the entire booking form; the use of this option is explained. 

c) The contract languages specified for the electronic booking are indicated. 

d) Insofar as the contract text is stored by us, we will inform you of this and of the option to retrieve the contract text at a later date. 

e) By clicking the button “book with obligation to pay” or with a comparable formulation, you are making us a binding offer to conclude a package travel contract. 

f) You will receive an electronic confirmation from us immediately upon receipt of your travel registration. 

g) The transmission of the travel registration by clicking the button does not constitute any claim to the conclusion of a contract. 

h) The contract is only concluded when you receive our travel confirmation (booking confirmation), which is provided on a durable medium. If the travel confirmation is displayed immediately on the screen after you click the “book with obligation to pay” button, the package travel contract is concluded when this travel confirmation is displayed. In this case, no intermediate message regarding the receipt of the booking as per letter f) above is required if you are offered the option to save the booking confirmation on a permanent data storage medium and to print it out. However, the binding nature of the package travel contract is not dependent on you actually using these options for saving or printing. 

4. You are responsible for all contractual obligations of travelers for whom you make the booking, as well as for your own, insofar as you have assumed this obligation through express or separate declaration. 

5. If the travel confirmation differs from your registration/booking, we are bound to the information in the travel confirmation, which is considered a new offer, for 10 days. The travel contract is concluded on the basis of this new offer, provided that we have pointed out the change with regard to the new offer and fulfilled our pre-contractual information obligations and you declare your acceptance within the binding obligation by express declaration or down payment. 

6. The pre-contractual information provided by us regarding essential characteristics of the travel services, the travel price and all additional costs, the payment terms, the minimum number of participants and the cancellation fees (pursuant to Art. 250 § 3 Nos. 1,3-5 and 7 EGBGB) will only not become part of the travel contract if this has been expressly agreed between us and you. 

7. We would like to point out that according to the statutory provisions (§§ 312 VII, 312g II sentence 1 no. 9 BGB) for package travel contracts in accordance with § 651a and 651c BGB, which were concluded at a distance (by letter, catalog, telephone, e-mail, SMS, radio, telemedia, online services), in accordance with §§ 312ff BGB, there is no right of withdrawal, but only the statutory rights of withdrawal and termination, in particular the right of withdrawal in accordance with § 651h BGB. However, a right of withdrawal exists if the travel contract has been concluded outside of business premises in accordance with § 651a BGB, unless the oral proceedings on which the conclusion of the contract is based have been conducted at your previous request as a consumer; in the latter case, there is no right of withdrawal. 

3. Payment terms and travel documents

1. Due date

a) To secure customer funds for package tour bookings, we have, as required by law, taken out insolvency insurance with Deutsche Reisesicherungsfond GmbH. The corresponding security certificate with the name and contact details of the customer money hedge will be handed over to you upon conclusion of the contract. You will also be given the individual payment schedule with the amounts for your down payment and final payment and, if applicable, the calculation method for the amounts due in the event of cancellation. 

b) Unless your individual travel confirmation states a different payment schedule, the following deposit amounts are due immediately upon delivery of the security certificate. 

c) When booking a package tour through our own sales channels (holidays.eurowings.com), a deposit of EUR 50 per person (from 12 years of age at the end of the trip) will be charged upon conclusion of the contract against delivery of the security certificate. The difference between the deposit paid and the agreed remuneration (final payment) is to be paid 28 days before departure, provided that it is certain that the trip will be carried out as booked by you. For bookings made at shorter notice (maximum 28 days before departure), the full travel price is due for payment immediately after receipt of the booking confirmation. 

d) When booking a package tour in third-party sales, a deposit of 20% of the tour price is due for payment upon conclusion of the contract in exchange for the security certificate. The balance is due 28 days before departure, provided that it is certain that the trip will be carried out as booked by you. For bookings made at shorter notice (no more than 28 days before the start of the trip), the full cost of the trip is due for payment immediately after you receive the booking confirmation. 

e) If you do not make the down payment and/or the final payment in accordance with the agreed payment terms, although we are ready and able to properly provide the contractual services, have fulfilled our legal information obligations and there is no legal or contractual right of retention in your favor, we are entitled, after issuing a reminder with a deadline, to withdraw from the travel contract and to demand the cancellation costs as compensation in accordance with Art. 5, paragraph 4. 

We are entitled to charge a flat fee of €10 for the second reminder. A fee of €10 will also be charged if your bank or credit card company issues a chargeback. 

You are entitled to prove that no costs were incurred or that the costs were significantly lower. 

2. Payment methods

a) Payments can be made by SEPA direct debit. For this, we require a corresponding mandate that allows the debiting of your current account with the price to be paid (down payment and final payment) by direct debit. The debits will be made on the aforementioned dates. We are entitled to shorten the standard period of 14 calendar days for the advance notice of the SEPA direct debit collection to up to one day before the SEPA direct debit collection. 

b) Payments can also be made by credit card. For this, we require your consent to debit your credit card. In some cases, an additional authentication procedure is required for online sales. 

c) Third-party credit cards are only accepted with the prior written consent of the respective cardholder, or in exceptional cases with oral consent. 

d) Payments can also be made via PayPal. 

3. Travel documents 

a) The travel documents will be sent to you by email up to 21 days before the start of the trip; for last-minute bookings, they will be sent within 24 hours if necessary. 

b) The travel documents will only be sent if the full cost of the trip has been paid. 

4. Changes to services before the start of the trip

1. We may change the description of services at any time prior to departure, of which you will, of course, be informed before booking. 

2. Changes to essential characteristics of travel services compared to the content of the contract, which become necessary after the contract has been concluded and before the start of the service and which have not been brought about by us in bad faith, are only permitted if they are not significant and do not affect the overall nature of the booked trip. 

3. We will inform you about changes in services immediately after becoming aware of the reason for the change on a durable medium in a clear, comprehensible and prominent manner. 

4. In the event of a significant change to an essential feature of the travel service or a deviation from your special instructions that have become part of the travel contract, you are entitled, within a reasonable period of time specified by us at the same time as the notification of the change, to either accept the change or withdraw from the contract free of charge or to request participation in a replacement trip if we have offered such a trip. 

It is your choice whether or not to react to our notification. 

If you react to our notification, you can either agree to the contract amendment we have offered, request to participate in a replacement trip if one has been offered to you, or withdraw from the contract free of charge. 

If you do not react to us at all or do not react in time, the notified amendment shall be deemed accepted. We draw your attention to this in the declaration in accordance with Article 4.3. 

5. Any warranty claims remain unaffected if the modified services are defective. If we had lower costs for the execution of the modified trip or replacement trip with equivalent characteristics, the difference shall be refunded to you in accordance with § 651m para. 2 BGB. 

5. Withdrawal of the customer before departure 

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

2. If you withdraw from the package holiday before the start of the holiday or do not start the package holiday, we will lose the claim to the agreed holiday price. Instead, we can demand appropriate compensation, provided that we are not responsible for the withdrawal or that extraordinary circumstances do not occur at or in the immediate vicinity of the destination significantly affect the performance of the trip or the transportation of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond our control and their consequences could not have been avoided even if all reasonable precautions had been taken. 

3. The amount of compensation is determined by the cost of the trip minus the value of the expenses we have saved and minus what we have acquired through other use of the travel services, which we will justify to you at your request. We have set the following compensation rates taking into account the period between the declaration of withdrawal and the start of the trip, as well as the expected savings on expenses and the expected income from other uses of the travel services. 

4. The date of receipt of the declaration of withdrawal is decisive, according to which the following flat rates apply: 

a) For the Eurowings Holidays brand: 

• Up to 18 days before departure, on the day of booking and up to 3 days after booking: no charge
• Up to 14 days before departure: flat-rate charge of €50 per traveler (from 12 years of age at the end of the trip)
• Up to 1 day before departure: 90% of the travel price
• On the day of departure/if the trip is not taken, 95% of the travel price

b) For the brand Holidays Last Minute: 

• Up to 30 days before departure, 40% of the travel price
• Up to 15 days before departure, 70% of the travel price
• Up to 1 day before departure, 90% of the travel price
• On the day of departure/if you do not start the trip, 95% of the travel price

5. At your request, we are obliged to justify the amount of compensation. Furthermore, you are free to prove that the appropriate compensation to which we are entitled is significantly lower than the flat-rate compensation you have demanded or that we have not incurred any damage at all as a result of your withdrawal. 

6. We reserve the right to demand an individually calculated compensation instead of the above compensation rates. This may be higher or lower than the compensation rate. In this case, we are obliged to quantify the required compensation, taking into account the saved expenses and minus what we acquire through other use of the travel services, and to justify it at your request. 

7. If, in the event of your withdrawal, the flat rates specified in Article 5.4 should not have been effectively agreed for legal or factual reasons, we reserve the right to demand the specific compensation (Section 651h (2) sentence 2 BGB) instead of the flat rate, which corresponds to the price of your package tour less the expenses we have saved and income from other uses of your travel services. At your request, we must justify the amount of the specific compensation. 

8. If, as a result of a withdrawal, we are obliged to make a partial or full refund of the agreed travel price, we shall make the refund without undue delay, but in any event within 14 days of receipt of the declaration of withdrawal. 

6. Rebooking Fee for Substitute Person

1. After the contract has been concluded, you are not entitled to make any changes to the travel date, destination, place of departure, accommodation or mode of transport (rebooking). 

This does not apply if the rebooking is necessary because we have provided you with insufficient or incorrect pre-contractual information in accordance with Article 250 § 3 EGBGB. In this case, rebooking is possible free of charge. 

2. Within a reasonable period before the start of the service, you can declare on a durable medium that a third party is entering into your rights and obligations under the contract. The declaration is in any case timely if it is received by us no later than seven days before the start of the service. We may object to the entry of the third party if the third party does not fulfill contractual travel requirements. 

Any additional costs incurred to our service providers will be charged separately. We are obliged to provide you with proof of the actual additional costs incurred as a result of the third party's entry. You are at liberty to prove that no or significantly lower additional costs were incurred as a result of the third party's entry. 

The originally registered participant and the replacement person are jointly and severally liable for the agreed travel price and for the additional costs incurred by the replacement person. 

7. Services not used

If you do not make use of individual travel services that we were willing and able to provide under the contract for reasons attributable to you, you are not entitled to a pro-rata refund of the travel price paid. This does not apply if such reasons would have entitled you to withdraw from the travel contract free of charge or to terminate the travel contract in accordance with the statutory provisions. We will endeavor to obtain a refund of the saved expenses from the individual service providers, provided that the expenses are not completely insignificant. 

8. Traveler's duty to cooperate / notification of defects / request for remedy / termination

1. If you have not received the travel documents required for the start of your trip in good time within the deadlines communicated to you, please inform us or the travel agent through whom you booked your package tour immediately. 

2. If your package tour is not provided or is not provided free of travel defects, you can demand a remedy. We are entitled to refuse this remedy if it is impossible or would only be associated with disproportionately high costs. 

3. If we are unable to provide a remedy due to a culpable failure on your part to report the defect, you can assert neither claims for a price reduction in accordance with § 651 m BGB nor claims for damages in accordance with § 651n BGB with regard to defective performance. 

4. If you have any complaints during your trip, you are obliged to report these to our local representative immediately (without undue delay) and to demand a remedy. If a local representative is unavailable or not contractually required, we are to be notified of any travel deficiencies without delay using the contact details provided in your travel documents or via the travel agent through whom you booked your trip. We have commissioned local representatives and tour guides to provide assistance where possible. However, they are not authorized to recognize any claims. 

5. If your booked trip is significantly affected by a defect in the trip of the type described in § 651i para. II BGB and we do not provide a remedy within a reasonable period, you can terminate the contract in accordance with § 651l BGB. A deadline is only unnecessary if we refuse to provide a remedy or if an immediate remedy is necessary. 

6. If the contract is canceled after you have terminated it, you still retain your entitlement to return transportation, provided that transportation was included in the contract. We reserve the right to claim the agreed travel price for the services already provided and for the services still to be provided by the end of the package tour. We have no claim to the agreed travel price for the travel services that are no longer to be provided; we must reimburse you for any payments you have already made. 

9. Withdrawal and termination by Eurowings Holidays

1. We may only withdraw from the package tour contract due to failure to reach the minimum number of participants if we 

a) have stated the minimum number of participants in the respective pre-contractual information and the point in time by which the declaration must have been received by you at the latest before the contractually agreed start of the tour, and 

b) the minimum number of participants and the later withdrawal period were stated in the travel confirmation. 

c) The withdrawal must be declared to you no later than the day stated in the pre-contractual information and the travel confirmation, but no later than: 

aa) 20 days before the start of the trip for trips lasting more than six days, 

bb) seven days before the start of the trip for a duration of at least two and at most six days, 

cc) 48 hours before the start of the trip for a duration of less than two days. 

d) Should it already be apparent at an earlier point in time that the minimum number of participants cannot be reached, we must immediately exercise our right of withdrawal.

2. We are prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; in this case, we must declare our withdrawal immediately after becoming aware of the reason for withdrawal. 

3. We lose the right to the agreed tour price if we withdraw from the contract for the aforementioned reasons. 

4. If we are obliged to reimburse the travel price as a result of our withdrawal, we shall reimburse you the amount without delay, but in any case within 14 days of withdrawal. 

5. We are entitled to terminate the travel contract without notice if you continue to disrupt the execution of the booked trip even after receiving a warning from us or if you act in such a contractually contrary manner that the immediate termination of the contract is justified. This does not apply if the breach of contract is due to a violation of our own information obligations. If we cancel, we retain our claim to the agreed travel price, but we must take into account the value of the saved expenses and the benefits that we obtain from any other use of the unused services, including any amounts reimbursed to us by the individual service providers. 

10. Air transportation for package tours 

1. According to Regulation (EC) 2111/2005 of December 14, 2005, we are obliged to inform you of the identity of the operating air carrier(s) for all air transportation services to be provided as part of the booked trip at the time of booking. If an operating airline has not yet been determined at the time of booking, we will initially inform you of the identity of the likely operating airline(s). As soon as we know which airline will operate the flight, we will inform you accordingly. If the operating carrier changes after booking, we will inform you of the change as quickly as possible. The list of airlines that are subject to an operating ban in the EU (“Community list”) can be found at the following website: https://ec.europa.eu/transport/sites/transport/files/air-safety-list_en.pdf 

2. We recommend that you carry money, valuables, technical devices and medication exclusively in your hand luggage. 

3. We would like to point out that, in accordance with aviation law, you must report any loss, damage or delay of baggage in connection with air travel to the responsible airline immediately on the spot using a property Irregularity Report (PIR). Airlines and we as a tour operator can refuse a refund due to international agreements if the claim form has not been completed. The claim form must be completed within 7 days of delivery of the affected baggage for damage, and within 21 days of delivery for delay. 

In addition, the loss, damage or misdirection of baggage must be reported to us, our local representative or contact point or the travel agent where you booked the trip without delay. The local tour guides are not authorized to recognize claims. This notification does not release you from the obligation to report the damage to the airline within the above deadlines. 

11. Passport, visa, customs, currency and health regulations 

1. Before the contract is concluded, we will inform you about general passport and visa requirements as well as health formalities of the destination country, including the approximate deadlines for obtaining the necessary visas and, if necessary, any changes up until the start of the trip. 

2. You are responsible for complying with all important regulations for the performance of the booked services, such as obtaining and carrying the officially required travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. Any disadvantages, in particular the payment of cancellation costs, arising from the failure to comply with these regulations, shall be at your expense, except in cases where they are due to incorrect or missing information provided by us. 

3. Unless we have culpably violated our own obligations, we shall not be liable for the timely granting and receipt of necessary visas by the respective diplomatic representation, even if you have commissioned us to obtain them. 

12. Limitation of liability

1. Our contractual liability for damages, which are not bodily injury and were not culpably caused, is limited to three times the agreed tour price. 

Any further claims under the Montreal Convention, the Air Traffic Act or similar international agreements and the resulting statutory provisions remain unaffected by the limitation. 

2. We are not liable for service disruptions, personal injury or property damage in connection with services that are merely brokered as third-party services (e.g. excursions, sporting events, theater visits, exhibitions, transportation services to and from the advertised starting and destination locations), if these services are expressly and clearly identified as third-party services, with the identity and address of the brokered contractual partner being provided, so that they are clearly not part of the booked package tour and have been selected separately. This does not affect §§ 651b, 651c, 651w and 651y BGB. We are only liable for such service disruptions if and to the extent that we have violated our information, clarification or organizational obligations and this breach of duty was the cause of the damage. 

13. Limitation

Since the trip you have booked is a package tour, your claims become time-barred after two years. The limitation period begins with the contractual end of the package tour. 

Our legal claims for compensation due to changes or deterioration of the items provided to you as part of the services provided become time-barred six months after the end of the trip. 

14. Travel insurance

We recommend that you take out a comprehensive travel insurance package for each trip, including in particular (although these can also be booked separately) travel cancellation insurance and insurance to cover the costs of repatriation in the event of accident or illness. Please note our special offers in the respective service descriptions. 

15. Data protection

The personal data that you provide to us will be processed and used electronically to the extent necessary for the performance of the contract. All your personal data will be processed in accordance with German and European data protection law. In this regard, we refer you to our data protection declaration at https://holidays.eurowings.com/en-de/privacy. 

16. Assertion of claims / consumer dispute resolution / OS platform

1. You can assert your claims under §§ 651i para. 3 no. 2-7 BGB directly against us or through the travel agent through whom you booked your trip. We recommend asserting your claims on a durable medium. 

2. We would like to point out that we do not participate in voluntary consumer dispute resolution. 

3. However, for travel contracts that have been concluded in electronic legal transactions, we would like to draw your attention to the European Commission's platform for online dispute resolution (OS), which can be used for complaints. This platform can be found at: http://ec.europa.eu/consumers/odr/

17. General 

The ineffectiveness of individual provisions of the contract does not result in the ineffectiveness of the entire contract. The same applies to these terms and conditions. 

Status: April 2025

Published by: Eurowings Holidays GmbH