General Terms and Conditions of Eurowings Holidays GmbH for booking package holidays of the brands Eurowings Holidays and Holidays Last Minute

1. Scope of application

The following terms and conditions become part of the package holiday contract (hereafter referred to as the ‘travel contract’) between you and us when you make a booking. These terms and conditions supplement and expand on the statutory provisions of §§ 651 a-y BGB (German Civil Code), 250 and 252 EGBGB (German Civil Code). These terms and conditions do not apply to the brokerage of associated travel services within the meaning of § 651w BGB (German Civil Code). Furthermore, these terms and conditions do not apply to business trips if a framework agreement for the organisation of business trips has been concluded with you. 

2. Conclusion of contract

Package holidays from EW Holiday 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 additional 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 authorised to make any assurances or provide any information to you that may alter the content of the travel contract as communicated by us, go beyond the contractually agreed 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 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 such a way that it is accessible to you for an appropriate 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 (§ 312 b BGB (German Civil Code)), you will receive the booking confirmation in paper form in accordance with Article 250 §6 (1) sentence 2 EGBGB (German Consumer Protection Code). 

3. For bookings made 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 languages of the contract for the electronic booking are indicated. 

d) If we store the text of the contract, we will notify you of this and of the option to access the text of the contract at a later date. 

e) By clicking the button ‘Book and pay’ or a similar formulation, you are making us a binding offer to conclude a package holiday contract. 

f) You will receive an electronic confirmation of receipt of your travel registration from us without delay. 

g) Transmission of the travel registration by clicking the button does not establish any claim to the realisation 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 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, provided that you are offered the option of saving the booking confirmation on a permanent data storage medium and printing it out. However, the binding nature of the package holiday contract is not dependent on you actually using these options for saving or printing.

4. You are liable for all contractual obligations of travellers for whom you make the booking 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 Article 250 § 3 Nos. 1,3-5 and 7 German Civil Code (EGBGB)) shall 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 German Civil Code) for package holiday contracts in accordance with § 651a and 651c of the German Civil Code, which were concluded at a distance (by letter, catalogue, telephone, e-mail, SMS, radio, telemedia, online services), in accordance with §§ 312ff of the German Civil Code, 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 of the German Civil Code. However, a right of cancellation exists if the travel contract has been concluded outside of business premises in accordance with § 651a of the German Civil Code, unless the oral proceedings on which the conclusion of the contract is based have been conducted at your prior request as a consumer; in the latter case, there is no right of cancellation.

3. Payment terms and travel documents

1. Due date

a) To safeguard customer funds for package holiday 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 insurer will be provided 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, as well as, 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 holiday through our own sales channels (ew-holidays.com), a deposit of €50 per person (from 12 years of age at the end of the holiday) is charged after the contract has been concluded and the security certificate has been handed over. The difference between the deposit paid and the agreed remuneration (final payment) is to be paid 28 days before the start of the trip, provided that it is certain that the trip will be carried out as you have booked it. For bookings made at shorter notice (maximum 28 days before the start of the trip), the full travel price is due for payment immediately after receipt of the booking confirmation.

d) When booking a package holiday with a third-party distributor, a deposit of 20% of the holiday price is due for payment upon conclusion of the contract in exchange for the security certificate. The balance is due 28 days before the start of the holiday, provided that it is certain that the holiday will take place 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 holiday is due for payment immediately after you receive confirmation of your booking.

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 favour, 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 Article 5, paragraph 4. We are entitled to charge a flat fee of €10.00 for the second reminder. A fee of €10.00 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. Means of payment

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 of the advance notice for 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 the debiting of 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 consent given orally or by telephone.

d) Payments can also be made via PayPal.

3. Travel documents 

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

b) In all cases, the travel documents will only be sent if the travel price has been paid in full.

4. Changes to services before the start of the trip

1. We may change the description of services at any time before the start of the trip; of course, we will inform you of such changes before you book. 

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 good 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 of any changes to services as soon as we become aware of the reason for the change, in a clear, comprehensible and prominent manner on a durable medium. 

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. 

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

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

7. 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. 

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

5. Customer cancellation before departure

1. You can withdraw from the travel contract at any time before the start of the service. The cancellation must be declared to us. If the trip was booked through a travel agent, the cancellation can also be declared to them. We recommend that you declare the cancellation 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 shall lose the claim to the agreed holiday price. Instead, we can demand appropriate compensation, insofar as we are not responsible for the cancellation or insofar as extraordinary circumstances do not occur at the destination or in its immediate vicinity that significantly affect the performance of the trip or the transport 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 holiday minus the value of the expenses we have saved and minus what we have acquired by using the travel services in other ways, which we will justify to you upon 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 acquisition through other uses of the travel services. 

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

a) For the EW Holidays brand:

• Up to 18 days before the start of the holiday, on the day of booking and up to 3 days after booking, free of charge

• Up to 14 days before the start of the holiday, a flat rate of €50.00 per traveller (from 12 years of age at the end of the holiday)

• Up to 1 day before the start of the holiday, 90% of the holiday price

• On the day of departure/in case of no-show: 95% of the travel price

b) For the Holidays Last Minute brand:

• 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 at liberty 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 cancellation. 

6. We reserve the right to claim individually calculated compensation instead of the above flat-rate compensation. This may be higher or lower than the flat-rate compensation. In this case, we are obliged to quantify the compensation demanded specifically, taking into account the expenses saved and minus what we acquire by using the travel services elsewhere, and to justify it at your request. 

7. If, in the event of your cancellation, 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 (§ 651h (2) sentence 2 BGB (German civil code)) instead of the flat rate, which corresponds to the price of your package holiday minus 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 cancellation, we are obliged to make a partial or full refund of the agreed holiday price, we shall make the refund without delay, but in any event within 14 days of receipt of the notice of cancellation.

6. Rebooking Fee for Substitute Person

1. After the contract has been concluded, you have no right to request changes with regard to the travel date, the travel destination, the place of departure, the accommodation or the 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 of the German Civil Code (EGBGB). In this case, a 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 fulfil contractual travel requirements.

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

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

7. Services not utilised

If you do not utilise individual travel services that we were willing and able to provide under the contract for reasons attributable to you, you shall have no claim to a pro-rata reimbursement of the travel price paid. This does not apply if such reasons would have entitled you to withdraw from the contract free of charge or to terminate the travel contract in accordance with the statutory provisions. We will endeavour to obtain a refund of the saved expenses from the individual service providers, provided that the expenses are not completely insignificant. 

8. Passenger's obligation 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 holiday immediately. 

2. If your package holiday 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 would be impossible or only possible at disproportionately high costs. 

3. If we are unable to provide a remedy due to your culpable failure to report the defect, you may not claim a price reduction in accordance with § 651 m of the German Civil Code (BGB) or claim compensation in accordance with § 651n of the German Civil Code (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, any travel deficiencies must be reported to us immediately 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 if possible. However, they are not authorised to recognise any claims. 

5. If your booked trip is significantly affected by a deficiency of the type described in § 651i para. II BGB (German Civil Code) and we do not provide a remedy within a reasonable period of time, 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 cancelled after you have terminated it, you still retain your entitlement to return transport provided that the contract included the transport. We reserve the right to the agreed travel price with regard to the services provided and the services still to be provided until the end of the package tour. With regard to the travel services that are no longer to be provided, our claim to the agreed travel price shall lapse; we shall reimburse you for any payments you have already made.

9. Rescission and termination by EW-Holidays

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

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

b) the minimum number of participants and the later cancellation deadline were stated in the travel confirmation. 

c) The cancellation must be declared to you at the latest on 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 if the duration of the trip is more than six days,

bb) 7 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.

dd) Should it already be apparent at an earlier point in time that the minimum number of participants cannot be reached, we shall immediately exercise our right of withdrawal. 2. We are prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; in this case, we shall declare the withdrawal immediately after becoming aware of the reason for the withdrawal.

2. We shall forfeit our claim to the agreed tour price if we withdraw from the contract for the aforementioned reasons. 

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

4. 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 behave in such a contractually contrary manner that the immediate cancellation 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 terminate, we retain our claim to the agreed travel price, but we must have the value of the saved expenses and those benefits credited to us that we obtain from any other use of the services not used, including any amounts reimbursed to us by the individual service providers.

10. Air carriage for package holidays

1. Pursuant to Regulation (EC) 2111/2005 of 14 December 2005, we are obliged to inform you of the identity of the operating air carrier(s) for all air transport services to be provided as part of the booked trip when you make your 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 airline 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 in your hand luggage only.

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 by means of a property Irregularity Report (PIR). Airlines and we as a tour operator can refuse a refund due to international agreements if the claim has not been completed. The claim must be made within 7 days of the affected baggage being handed over in the case of damaged baggage, and within 21 days in the case of delayed baggage. 

4. In addition, the loss, damage or misdirection of baggage must be reported to us, our local representative or our point of contact or the travel agent where you booked the trip without delay. The tour guides on site are not authorised to recognise 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 country of destination, 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 execution 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 fees, arising from the failure to comply with these regulations, shall be at your expense, except where these are due to incorrect or missing information provided by us. 

3. Provided that we have not culpably violated our own obligations, we shall not be liable for the timely issue 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 travel price.

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

3. 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, theatre visits, exhibitions, transport services to and from the advertised starting and destination points), if these services are expressly and clearly identified as third-party services, stating the identity and address of the contracted third-party service provider, so that you can clearly see that they are not part of the booked package holiday and have been selected separately. This shall be without prejudice to §§ 651b, 651c, 651w and 651y BGB. We shall only be liable for such disruptions to services if and to the extent that we have breached our duties of information, clarification or organisation and if this breach of duty was the cause of the damage.

13. Limitation period

Since the trip you have booked is a package holiday, your claims become time-barred after two years. The limitation period begins with the contractual end of the package holiday. Our statutory claims for compensation due to changes in or deterioration of the items provided to you as part of the services provided become time-barred six months after the end of the holiday.

14. Travel insurance

We recommend that you take out a comprehensive travel insurance package for each trip, including in particular a travel cancellation insurance (which can also be booked separately) and an insurance policy to cover the costs of repatriation in the event of an 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 electronically processed and used 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 laws. Please refer to our data protection declaration at https://www.holidays.eurowings.com/de-de/Datenschutz. 

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

1. You can assert your claims against us in accordance with §§ 651i para. 3 no. 2-7 BGB (German Civil Code) 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 by electronic means, 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. Miscellaneous

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.

Cologne April 2025 Publisher: Eurowings Holidays GmbH