Legal
Terms & Conditions
SW Travel Atelier GmbH
Hettisried 5 a
87452 Altusried
Germany
These General Terms and Conditions govern the contractual relationship between SW Travel Atelier GmbH (hereinafter the “Company”) and its commercial clients.
They are intended exclusively for business-to-business transactions and do not apply to contracts concluded directly with consumers.
1. Scope of Application and B2B Status
1.1 The Company develops, arranges, purchases and coordinates travel-related services, including accommodation, transportation, guiding services, excursions, activities, tickets and other destination services in Germany and other European destinations.
1.2 These General Terms and Conditions apply exclusively to contracts entered into with entrepreneurs, travel agencies, tour operators, travel advisors, destination management companies and other commercial travel businesses acting in the course of their business or professional activity (hereinafter the “Client”).
1.3 The Company does not contract with the Client as a consumer. The Client confirms that it is acting for commercial or professional purposes.
1.4 Where the Client books services for its customers, passengers or other travelers, such persons are referred to in these Terms and Conditions as “Travelers.”
1.5 Any terms and conditions of the Client shall only apply if expressly accepted by the Company in writing.
1.6 The Client is the Company's sole contractual counterparty in relation to the confirmed travel arrangements. Travelers for whom the Client makes a booking do not become contractual parties to the agreement between the Company and the Client.
1.7 Payment of all or part of the booking price directly to the Company by a Traveler or other third party does not, by itself, establish a contractual relationship between that person and the Company. Such payment shall be treated as payment made on behalf of the Client toward the Client's payment obligations under the booking.
1.8 The foregoing applies irrespective of whether the Client remits a net amount to the Company and collects payment from its Traveler separately, or whether the Traveler makes payment directly to the Company and the Company subsequently pays an agreed commission to the Client.
2. Contract Documents and Order of Priority
2.1 The individual contract consists of the Company's booking confirmation together with the applicable quotation, itinerary or service specification and these General Terms and Conditions.
2.2 Where an individual quotation, booking confirmation or expressly agreed supplier condition contains provisions that differ from these General Terms and Conditions, the individually agreed provision shall take precedence for the relevant service.
2.3 This applies in particular to services carrying individual payment, amendment or cancellation conditions.
3. Quotations, Availability and Conclusion of Contract
3.1 Quotations and proposed itineraries are based on availability and pricing information available to the Company when the quotation is prepared.
3.2 Unless expressly stated otherwise, a quotation does not constitute a guarantee that the services described remain available until the booking has been confirmed.
3.3 Any validity period stated in a quotation applies only to the prices and arrangements described therein. Availability remains subject to confirmation.
3.4 A booking request submitted by the Client constitutes an offer to purchase the requested services.
3.5 A binding contract is concluded when the Company issues a written booking confirmation.
3.6 If the booking confirmation differs materially from the Client's original request, the confirmation constitutes a revised offer. The contract based on that revised offer is concluded once the Client accepts it in writing or makes the requested payment.
3.7 The Company may require additional information before confirming a booking, including Traveler names, ages, rooming information, passport details, dietary requirements or other information required by the relevant service providers.
4. Services and Special Requests
4.1 The services owed by the Company are determined exclusively by the confirmed itinerary, service description and booking confirmation.
4.2 Photographs, hotel descriptions, maps, travel times and other descriptive information are intended to assist with planning and may be subject to change.
4.3 Special requests relating to matters such as particular rooms, connecting rooms, bedding configurations, views, accessibility, dietary requirements, vehicle types or other preferences are not guaranteed unless expressly confirmed in writing.
4.4 Where a service provider allocates rooms, vehicles, seats or other inventory directly, the final allocation remains subject to that provider's operational procedures.
4.5 The Client shall inform the Company before booking of any requirement that is essential to the Traveler's ability to participate in the trip.
5. Prices, Currency, Taxes and Charges
5.1 Prices are stated in the currency shown in the quotation or booking confirmation.
5.2 Unless expressly stated otherwise, confirmed prices include those taxes and charges which the Company is required to include under applicable law at the time of invoicing.
5.3 Local charges payable directly by Travelers may not be included. These may include, depending on destination and service, city taxes, resort fees, parking charges, minibar expenses, optional gratuities or other personal expenses.
5.4 Bank charges, correspondent bank fees, foreign-exchange charges and similar transaction costs connected with payment to the Company shall be borne by the Client.
5.5 Prices are calculated on the number of Travelers, room allocation, itinerary and services confirmed. A change in any of these elements may result in recalculation of the price.
6. Deposit and Payment
6.1 Unless different conditions are stated in the quotation or booking confirmation, a non-refundable 30% deposit of the total confirmed booking value is due upon confirmation.
6.2 The deposit is applied towards the total booking price.
6.3 The remaining balance of 70% is due no later than 60 days before the Travel Start Date. Once due, the final payment is non-refundable, subject to any mandatory provisions of applicable law.
6.4 If a booking is confirmed within 60 days of the Travel Start Date, the full booking amount becomes due upon confirmation unless otherwise stated.
6.5 Certain hotels, transportation providers, event organizers and other suppliers may require a deposit greater than 30% or full payment at an earlier stage. Where this applies, the Company will advise the Client accordingly.
6.6 Payment is considered complete when cleared funds have been received by the Company.
6.7 If the Client fails to make a payment when due, the Company may, after giving an appropriate notice where required, suspend further work, withhold travel documentation, release reservations or terminate the affected booking.
6.8 Where a booking is cancelled because payment has not been received when due, the applicable cancellation charges under Section 9 shall apply.
6.9 Statutory rights relating to late-payment interest and recovery costs remain unaffected.
7. Supplier-Specific Conditions
7.1 Certain services may carry stricter payment, amendment or cancellation conditions imposed by the relevant supplier.
7.2 Such services may include, without limitation:
- non-refundable hotel rates;
- villas and exclusive-use properties;
- rail and airline tickets;
- event, concert and theatre tickets;
- sporting-event tickets;
- festival and special-event reservations;
- private boats and yachts;
- special-access visits;
- privately chartered transportation;
- restaurants and venues requiring deposits;
- services commissioned or purchased specifically for the Client.
7.3 Where special conditions apply, they will be stated in the quotation, booking confirmation or otherwise communicated to the Client before the relevant service is confirmed.
7.4 Such individual conditions take precedence over the standard payment and cancellation provisions only in relation to the affected service.
7.5 Nothing in these Terms and Conditions is intended to exclude or restrict any mandatory statutory insolvency-protection requirements that may apply to a particular booking.
7.6 Where the Company should be required by mandatory applicable law to provide insolvency protection or a security certificate (“Sicherungsschein”) to consumers in relation to a particular booking despite the B2B nature of the agreement between Company and Client, the Company will comply with the applicable statutory requirements.
8. Availability, Price Changes and Confirmation of Services
8.1 All quotations are based on the prices and availability known to the Company at the time the quotation is prepared. Unless expressly stated otherwise, all proposed services remain subject to availability and price changes until the Company has received the Client’s binding booking instruction and the required deposit.
8.2 Upon receipt of the Client’s binding booking instruction and the required deposit, the Company will proceed with securing the confirmed travel arrangements with the relevant suppliers.
8.3 If, between the date of the quotation and the time the Company receives the binding booking instruction and deposit, a supplier has increased its price or the originally quoted service is no longer available at the quoted rate, the resulting additional cost may be passed on to the Client.
8.4 Where such a price difference becomes known only while the individual services are being secured following confirmation, the Company will inform the Client accordingly. Unless immediate action is required to avoid losing the relevant service, material changes will be communicated as soon as reasonably possible.
8.5 Any additional amount resulting from a supplier price increase occurring before the relevant service could reasonably be secured may be added to the outstanding balance and shall become payable together with the final payment.
8.6 Once a service has been secured by the Company at a confirmed supplier price, the Company will not increase the Client’s price for that service merely because the same service subsequently becomes more expensive.
8.7 If an additional cost arises because the Company failed, through its own error or avoidable delay, to secure a service within a reasonable time after receiving the Client’s binding booking instruction and required deposit, the Company shall bear that additional cost and shall not pass it on to the Client.
8.8 If a quoted service is no longer available when the Company proceeds with the booking, the Company may propose a comparable alternative. Any difference in price will be communicated to the Client before confirmation of the substitute service wherever reasonably possible.
8.9 This Section does not affect separately disclosed supplier-specific conditions, taxes, government charges or other costs that, by their nature, may be imposed or changed after a service has been booked.
9. Cancellation by the Client
9.1 Upon confirmation of a booking, the Client shall pay a non-refundable deposit equal to 30% of the total confirmed booking value.
9.2 If the Client cancels all or part of the confirmed travel arrangements before the Travel Start Date, the following standard cancellation charges shall apply:
- From confirmation until 61 days before the Travel Start Date: 30%
- 60 days or less before the Travel Start Date: 100%
The above cancellation charges apply subject to any mandatory provisions of applicable law.
9.3 The applicable cancellation charge is calculated on the total confirmed value of the cancelled travel arrangements.
9.4 The 30% deposit already paid shall be credited against the applicable cancellation charge and shall not be charged twice.
9.5 Cancellation must be communicated to the Company in writing. The cancellation becomes effective on the date on which the Company receives the cancellation notice.
9.6 Certain hotels, tickets, transportation services, events, special experiences or other supplier services may be subject to stricter or fully non-refundable cancellation conditions. Where such conditions apply, they will be communicated before confirmation of the relevant service and shall take precedence for that service.
9.7 Where supplier-specific non-refundable amounts exceed the standard cancellation charge, the Client shall be responsible for those additional amounts where the applicable conditions were disclosed before the service was confirmed.
9.8 A partial cancellation or reduction in the number of Travelers may require the remaining booking to be recalculated. Any resulting increase in the per-person or total price of the remaining arrangements shall be borne by the Client.
10. Amendments Requested by the Client
10.1 Following confirmation, the Client has no automatic right to change dates, hotels, room categories, routing, transportation, Traveler numbers, services or other confirmed elements.
10.2 The Company will nevertheless use reasonable efforts to accommodate amendment requests where operationally possible.
10.3 All amendments remain subject to availability and to the conditions of the relevant suppliers.
10.4 Any additional supplier costs, cancellation charges, fare differences or other costs resulting from a requested amendment shall be borne by the Client.
10.5 Where the requested change substantially alters the original booking, the Company may treat the request as a cancellation of the original arrangements followed by a new booking.
11. Traveler Name Changes and Substitutions
11.1 Requests to change or substitute Travelers must be submitted as early as possible.
11.2 A substitution is possible only where the relevant service providers permit it and the substitute Traveler meets all requirements applicable to the service.
11.3 Airline tickets, rail tickets, event tickets and other personalized services may prohibit name changes or may require cancellation and rebooking.
11.4 The Client shall bear all additional costs resulting from a Traveler substitution or name correction.
12. Unused Services, No-Shows and Early Departure
12.1 No refund is due where a Traveler voluntarily fails to use a service that was correctly reserved and made available.
12.2 This includes no-shows, late arrivals, voluntary itinerary changes, missed transfers, missed trains or flights, early departure and services declined by the Traveler.
12.3 Where the Company is able to obtain a refund or credit from a supplier for an unused service, it may pass the recoverable amount to the Client after deduction of any non-refundable costs actually incurred.
12.4 The Company is not required to obtain refunds where the supplier's terms exclude them.
13. Minimum Participant Numbers
13.1 Where a service is subject to a minimum number of Travelers, this requirement will be stated in the relevant quotation or booking confirmation.
13.2 If the required minimum is not reached within the stated period, the Company may cancel the affected service or offer an alternative arrangement.
13.3 Any amount paid for a service cancelled solely because the stated minimum participation requirement has not been reached will be refunded unless the Client accepts an alternative arrangement.
14. Conduct of Travelers
14.1 Travelers are expected to comply with reasonable instructions issued by guides, drivers, accommodation providers, transportation companies and other service providers.
14.2 The Company may terminate or discontinue services for a Traveler whose conduct seriously disrupts the trip, creates a safety risk, violates applicable law or materially interferes with other Travelers or service providers.
14.3 Where reasonably possible, a warning will be given before services are terminated.
14.4 If immediate action is required for reasons of safety, serious misconduct or unlawful behavior, prior warning is not required.
14.5 In such circumstances, the Client remains liable for services already provided and for non-refundable costs incurred.
15. Responsibilities of the Client
15.1 The Client is responsible for providing the Company with complete and accurate booking information.
15.2 The Client shall verify all booking confirmations, itineraries, vouchers, tickets and other documents immediately after receipt and shall promptly notify the Company of any discrepancy.
15.3 The Client is responsible for providing Travelers with all relevant travel documents and operational information supplied by the Company.
15.4 The Client shall ensure that Travelers receive appropriate emergency contact information before travel.
15.5 The Client is responsible for communicating relevant deadlines and supplier requirements to its Travelers.
15.6 The Company shall not be responsible for consequences resulting from incorrect information supplied by the Client or a Traveler, except to the extent the Company has itself caused or contributed to the error.
16. Passports, Visas, Entry Requirements and Health Matters
16.1 Unless expressly agreed otherwise in writing, the Client is responsible for ensuring that Travelers receive appropriate information concerning passport, visa, immigration, customs and entry requirements applicable to their journey.
16.2 Each Traveler remains responsible for possessing valid travel documents and complying with applicable governmental requirements.
16.3 The Client shall also ensure that Travelers are informed of any health, vaccination or similar requirements relevant to the journey.
16.4 The Company does not provide legal, immigration or medical advice.
16.5 Denied boarding, refusal of entry or inability to participate due to insufficient or incorrect travel documentation does not entitle the Client to a refund from the Company.
17. Accessibility, Medical Conditions and Special Requirements
17.1 The Client shall inform the Company before confirmation of any mobility limitation, disability, medical consideration, serious allergy, dietary requirement or other circumstance that materially affects the arrangements requested.
17.2 Accessible rooms, adapted vehicles and other specialist services are subject to availability and require express confirmation.
17.3 The Company cannot guarantee that historic buildings, mountain locations, boats, trains, restaurants, attractions or other third-party facilities are fully accessible unless this has been specifically confirmed.
17.4 Travelers remain responsible for determining, with appropriate professional advice where necessary, whether they are medically and physically able to participate in the booked activities.
18. Third-Party Service Providers
18.1 The Company acts as the contractual organizer and principal in relation to the travel arrangements confirmed by the Company to the Client.
18.2 The Company's contractual relationship is with the Client. Travelers for whom the Client has arranged the booking are beneficiaries and participants in the travel arrangements but do not thereby become contractual counterparties of the Company.
18.3 The use of third-party suppliers does not alter the Company's contractual position as organizer in relation to the Client.
18.4 Travelers must comply with the reasonable operational, safety and participation requirements of the respective service providers.
18.5 The Client shall ensure that all relevant supplier requirements communicated by the Company are passed on to the Travelers before the relevant service begins.
19. Rail, Air, Event and Ticketed Services
19.1 Tickets and reservations issued by third-party transportation companies, venues or event organizers remain subject to the applicable provider's conditions.
19.2 Such services may become non-refundable immediately after issuance.
19.3 The Client is responsible for ensuring that Traveler names, dates of birth and other personal information supplied for ticket issuance are accurate.
19.4 Once issued, tickets may not permit changes of name, date, route, train, flight, seat or category.
19.5 Seat assignments, train configurations, vehicle types, schedules and operating routes may be altered by the relevant transportation provider.
19.6 A seat reservation does not constitute a guarantee that a particular seat, carriage or train configuration will remain unchanged following an operational schedule change.
19.7 Event times, venues and access procedures remain subject to decisions of the organizer.
20. Events Beyond the Company's Reasonable Control
20.1 The Company shall not be responsible for the non-performance, interruption, delay or alteration of travel arrangements resulting from circumstances beyond its reasonable control.
20.2 Such circumstances may include, without limitation, severe weather, natural disasters, floods, fires, strikes, transportation disruptions, road or border closures, governmental measures, civil unrest, war, terrorism, security incidents, epidemics, pandemics, closure of attractions or infrastructure and comparable extraordinary events.
20.3 Where such circumstances affect confirmed travel arrangements, the Company may modify, replace, suspend or cancel affected services where reasonably necessary.
20.4 Subject to mandatory provisions of applicable law, any additional costs resulting from such circumstances shall be borne by the Client. The Company shall not be required to absorb such costs from its own funds.
20.5 Where suppliers refund amounts to the Company for services that could not be provided, any amount actually recovered may be credited or refunded to the Client after deduction of costs that remain non-refundable or have already been incurred.
20.6 The Company will use reasonable efforts to assist the Client and Travelers in finding practical alternative arrangements. Any additional services requested or required as a result of the extraordinary circumstances shall be charged to the Client.
20.7 In exceptional circumstances, the Company may, entirely at its own discretion and without recognizing any legal obligation, agree with the Client on a goodwill solution, credit or other commercial arrangement.
20.8 Any goodwill arrangement applies only to the specific case concerned and shall not establish a precedent or entitlement for future cases.
21. Complaints, Notification and Limitation of Claims
21.1 If a Traveler considers that a confirmed service is not being provided as agreed, the Company must be informed without undue delay and must be given a reasonable opportunity to investigate and, where possible, remedy the issue during the trip.
21.2 Failure to notify the Company promptly may affect the Client's entitlement to claim where such failure prevented or materially restricted the Company's ability to remedy the matter.
21.3 Claims relating to defective or incorrectly performed services must be asserted against the Company within one month following the contractually scheduled end of the relevant travel arrangements.
21.4 Claims submitted after this period may only be considered where the Client was prevented, through no fault of its own, from complying with the deadline.
21.5 Subject to mandatory statutory provisions, claims of the Client shall become time-barred one year after the applicable statutory commencement of the limitation period.
21.6 The shortened limitation period shall not apply where mandatory law provides otherwise, in particular to claims arising from intentional or grossly negligent conduct or claims relating to death, personal injury or damage to health.
22. Liability
22.1 The Company shall be liable in accordance with applicable law for loss or damage caused intentionally or by gross negligence.
22.2 Liability for death, personal injury or damage to health caused by a culpable breach of duty shall remain governed by mandatory statutory law.
22.3 In cases of ordinary negligence, the Company shall be liable for breach of an essential contractual obligation where performance of that obligation is necessary for proper performance of the contract and the Client may normally rely on its performance.
22.4 Where liability under Section 22.3 arises, liability shall, to the maximum extent permitted by applicable law, be limited to loss that was reasonably foreseeable and typical for this type of contract at the time the contract was concluded and, in any event, shall not exceed in the aggregate an amount equal to the total amount of the relevant booking. To the maximum extent permitted by applicable law, the Company shall not be liable for consequential, indirect or special loss or damage, loss of profit, loss of revenue, loss of business, loss of opportunity or other similar remote loss. The monetary cap and exclusions in this Section 22.4 apply to the aggregate liability arising from or in connection with the relevant booking and do not exclude or restrict any liability that may not be excluded or limited under Section 22.5.
22.5 Nothing in these Terms and Conditions shall exclude or restrict liability where such exclusion or restriction is prohibited by mandatory law.
22.6 The Company shall not be liable for loss caused exclusively by:
- the Client;
- a Traveler;
- inaccurate information provided by the Client or Traveler;
- failure to follow reasonable safety or operational instructions;
- circumstances outside the Company's responsibility,
except where and to the extent the Company has itself caused or contributed to the loss.
22.7 To the maximum extent permitted by applicable law, the Company shall be liable for claims arising from acts or omissions of subcontracted guides, chauffeurs, transportation companies or other destination suppliers only in cases of intent or gross negligence. This limitation does not exclude or restrict mandatory statutory liability, including liability for death, personal injury or damage to health, and does not override Section 22.5.
23. Travel Insurance
23.1 The Company strongly recommends that the Client advises each Traveler to obtain comprehensive travel insurance immediately upon confirmation of the booking.
23.2 Such insurance should, where appropriate, include trip cancellation and interruption coverage sufficient to cover the applicable cancellation charges, as well as medical expenses, repatriation, baggage and personal liability.
23.3 The Client is responsible for communicating this recommendation to its Travelers and for ensuring that Travelers are made aware of the applicable payment and cancellation conditions.
23.4 It remains the responsibility of the Client and/or Traveler to determine whether the insurance selected provides adequate coverage for the individual booking. The Company does not provide insurance advice and does not guarantee that any particular loss or cancellation reason will be covered.
23.5 The existence or absence of travel insurance does not alter the payment or cancellation obligations under the contract between the Company and the Client.
24. Personal Data
24.1 The Company processes personal data required to plan, reserve and provide the confirmed travel arrangements in accordance with applicable data-protection law.
24.2 The Client acknowledges that Traveler information may need to be transmitted to hotels, transportation providers, guides, airlines, rail operators, attractions and other service providers involved in performing the booking.
24.3 The Client is responsible for ensuring that it is legally permitted to provide the Company with the personal data required for the booking.
24.4 Where special-category information such as dietary, medical or accessibility information is supplied, the Client shall ensure that the Traveler has authorized the necessary transmission of that information for travel-planning purposes.
24.5 Further information concerning the Company's processing of personal data may be set out in its Privacy Policy.
25. Confidential Commercial Information
25.1 Net rates, internal supplier information and other information expressly identified as confidential are provided to the Client for the purpose of the commercial relationship with the Company.
25.2 The Client shall not disclose confidential net-rate or supplier-contract information to third parties except where necessary for the proper performance or resale of the confirmed travel arrangements.
25.3 Nothing in this section prevents the Client from using guest-facing itinerary descriptions and travel information supplied for the purpose of presenting and selling the proposed journey to its customers.
26. Set-Off and Assignment
26.1 The Client may set off claims against amounts owed to the Company only where the counterclaim is undisputed, has been finally established by a court or arises directly from the same contractual relationship.
26.2 The Client may exercise a right of retention only where the underlying claim arises from the same contractual relationship.
26.3 The Client may not assign claims arising from the contract to a third party without the Company's prior written consent, except where mandatory law provides otherwise.
27. Governing Law and Jurisdiction
27.1 The contractual relationship between the Company and the Client shall be governed by the laws of the Federal Republic of Germany.
27.2 Where the Client is a merchant, legal entity under public law, public-law special fund or otherwise subject to a valid jurisdiction agreement under German law, the courts at the Company's registered office shall have jurisdiction for disputes arising from or in connection with the contractual relationship.
27.3 Mandatory rules concerning jurisdiction remain unaffected.
28. Severability
28.1 If any provision of these General Terms and Conditions is or becomes wholly or partly invalid or unenforceable, the remaining provisions and the underlying contract shall remain effective.
28.2 The invalid or unenforceable provision shall be replaced by the applicable statutory provision.
29. Amendments and Individual Agreements
29.1 Individual written agreements between the Company and the Client take precedence over these General Terms and Conditions.
29.2 Amendments affecting an individual booking should be documented in writing.
29.3 No failure or delay by the Company in exercising a contractual right shall constitute a waiver of that right.
30. Contact
SW Travel Atelier GmbH
Hettisried 5 a
87452 Altusried
Germany
Commercial Register / HRB: 19159
Register Court: Amtsgericht Kempten
Managing Director: Sandra Walenta
VAT ID: applied for
E-mail: sandra@sw-travelatelier.com
Telephone: +49 151 216 474 03
Version: September 2026