Terms of Service
Pure Germany GmbH, Ulmer Strasse 3, 87700 Memmingen (hereinafter referred to as Pure Germany) purchases touristic services predominately in Germany (sometimes also in other, neighbouring countries) and sells these as a wholesaler to domestic and foreign travel businesses in the form of package or individual services.
The following General Terms of Business regulate - subject to supplementary additional agreements - the contractual relationship between Pure Germany and the travel business (or entrepreneur, hereinafter both referred to as the "Client”). Any deviating general terms of business of the Client are hereby expressly excluded.
Offers made by Pure Germany are directed to entrepreneurs. An entrepreneur is a natural or legal person or a partnership with legal personality which, at the time of entering into a legal transaction, acts in exercise of its trade, business or profession (§ 14 German Civil Code (BGB)).
I. Conclusion of the Contract
By booking the services offered by Pure Germany, the Client makes a binding offer to Pure Germany for conclusion of a contract. The Client may make such booking in writing, by facsimile, e-mail or phone. The offer shall be based on the catalogues of services and prices provided by Pure Germany, respectively, any individualized package and individual services prepared upon request.
Unless otherwise specified, all offers submitted by Pure Germany are subject to availability. Pure Germany reserves the right to re-evaluate prices and availability without prior notice.
The Client’s offer is accepted by transmission of the booking confirmation by Pure Germany in written form. Should booking confirmation content deviate from the content of the booking, such shall be deemed to be a new offer by Pure Germany. The contract shall be concluded on the basis of this new offer if the Client declares its acceptance which can also be given by making respective payment.
II. Services
The type and scope of contractually owed services are determined according to the specification of services given by Pure Germany on which the contract is based. No binding commitment to special requests can be made. The classification of tourist accommodation stated by Pure Germany in the specification of services refers to the classification typical in the respective country, unless Pure Germany has specified a different classification. Bookings of rooms suitable for persons with disabilities are subject to special request and confirmation by Pure Germany in written form. Unless explicitly stated, it cannot be presumed that hotel bookings are equipped for persons with disabilities.
Pure Germany does not warrant any special requests as to rooms, equipment and beds which deviate from its specification of services because it is the hotel which shall specify availability, depending on its facilities. Final travel documents will be prepared by Pure Germany no later than 20 days prior to the travellers’ arrival and shall be transmitted to Client in due course.
III. Amendment of Services, Adjustment of Price
(1) Pure Germany is entitled to amend contractually agreed services insofar as serious reasons for amendment occur after conclusion of the contract and such make amendment mandatory. No amendments or deviations shall be permitted which substantially affect the overall character of performance or the package services – or would be unreasonable for the Client in consideration of a balancing of reciprocal interests or which would put the Client at a disadvantage contrary to principles of good faith. Insofar as such amended services are defective, warranty claims remain unaffected.
(2) Pure Germany shall be entitled to adjust the contractually agreed price after conclusion of the contract, taking into account the interests of the Client when, due to price adjustments of its service providers, such a price adjustment is absolutely necessary in order to avoid reduction of profits and the circumstances resulting in such increase did not occur prior to conclusion of the contract and were not foreseeable at that time by Pure Germany.
Declaration of such an increase shall only be valid if made in writing, stating the relevant cost items, the decisive reference periods of the allocation standard applied for the individual cost items as well as the respective calculation method.
(3) A price increase shall only be permissible in the case of increased transportation costs, duties and taxes for certain services as well as the underlying exchange rates. Any such claim must be made up to the 20th day prior to performance of services.
a) Should the transportation costs applicable at the time of conclusion of the contract increase – e.g. fuel costs – Pure Germany may adjust the travel price according to the following calculation scheme:
aa) In case of an increase per seat, Pure Germany may claim the increased amount from the Client per seat booked.
ab) In other cases, the additional transportation costs claimed by the transportation companies per conveyance shall be divided by the number of seats in the conveyance agreed upon. Pure Germany may claim the resulting increase for the seats booked from the Client.
b) Should taxes and duties in effect at the time of conclusion of the contract which are essential for and included in the agreed scope of services increase, Pure Germany may add this to the agreed price in the amount of the pro rata sum.
c) In case of altered exchange rates after conclusion of the contract, Pure Germany may increase the total price by the amount that the price of the service has increased for Pure Germany.
(4) Pure Germany shall inform the Client without undue delay regarding amendments as defined in para. 1 to 3 hereof. In the event of a substantial change of essential services, including the price, the Client is entitled to rescind the contract at no charge. With amendments as defined in para. 1 above, instead of rescinding the contract, the Client may request a service of at least the same value if Pure Germany is able to offer such to the Client without additional cost from its offerings. The Client must claim this right vis-à-vis Pure Germany without undue delay following receipt of the declaration regarding the amended service.
IV. Invoicing / Pricing
Pure Germany shall invoice the Client the contractually agreed remuneration. The invoice amount shall be in Euros unless otherwise specified and shall include, insofar as necessary, statutory VAT as applicable at the date the invoice is issued. Payment shall be made in accordance with the terms stated in the invoice. Costs of money transfers shall be borne by the Client and Pure Germany shall receive the exact amount in Euros as quoted, regardless of any currency conversion fees. If no payment date is indicated on the invoice, the amount claimed shall be payable and due immediately. Pure Germany shall be entitled to claim advance and/or part payments, in its equitable discretion, to be set-off against the total price. To the extent that Pure Germany is only prepared to render the service with full or partial advance payment, it shall notify the Client hereof, prior to conclusion of the contract. Late payments shall be assessed a charge of a flat fee of EUR 50.00 per past due payment notice letter. The Client is at liberty to prove that Pure Germany didn’t incur any or a lesser damage. Should advance payments or the total or remaining amount not be paid by the Client within the agreed payment period, Pure Germany can refuse performance of the services and, after setting a reasonable grace period, it can rescind the contract insofar as the service has not yet been provided. In such event, Pure Germany shall invoice the Client cancellation costs in accordance with the cancellation costs described in this document. Pricing reflects the cost for the entire itinerary/trip and is based on two people sharing a double occupancy, except where stated differently.
V. Payment
Please note, that we will start confirming services once the Clients’ initial payment has been received. Unless otherwise specified, Pure Germany requests a deposit of 30% of the total cost of the planned trip/itinerary. Should the cost of individual services require a prepayment exceeding 30% of the total cost of the trip, Pure Germany may require a higher deposit to secure these services. All services and itineraries, unless otherwise specified, must be prepaid in full 30 days prior to arrival. If bookings are made within 30 days of arrival, full prepayment must be received immediately to secure and confirm such booking. For bookings of Euros 4.000,00 or less, full prepayment is required at the time of booking. If payments are not made on time, Pure Germany reserves the right of refusal to confirm a booking or to impose a last-minute fee to cover costs.
Pure Germany accepts MasterCard, Visa and American Express Credit Cards, as well as wire transfers. We do not charge any supplemental fee for credit card payments. Pure Germany contracts with First Cash Solutions to facilitate online credit card payments and bank wire transactions. Data transmission, at the time of the transaction, is made through a secure (SSL) PCI compliant connection that is outside Pure Germany’s scope and which is fully managed by First Cash Solutions. Once a payment has been completed successfully, Pure Germany is being notified by First Cash Solutions. Pure Germany does not have access to any data from this transaction.
VI. Cancellation and Amendment / Alteration of Bookings / Insurance
Clients/Travellers may cancel their booking at any time, on the condition that they communicate the cancellation notice in writing to Pure Germany. Postponing or rescheduling of a booking will be considered on an individual basis and is subject to the cancellation charges outlined below. No refund for unused portions of an itinerary, cancellations made after the trip has begun, or early departures will be given. Refunds will be made by bank wire transfer; all charges shall be borne by the recipient.
In case of a trip being cancelled between confirmation and 30 days prior to arrival, 20% of the total cost will be charged. The remaining monies from the deposit (which equal 10% of the total cost) can be refunded or used as a credit towards future travel (less any non-refundable items) within 12 months.
In case of a cancellation from 30 to 21 days prior to arrival, 50% of the total cost will be charged. The remaining 50% can be refunded or used as a credit towards future travel (less any non-refundable items) within 12 months.
In case of a cancellation less than 21 days prior to arrival, 100% of the total cost will be charged.
Pure Germany strongly suggest that travellers buy a travel insurance for their protection from unexpected circumstances. Travellers should please contact their travel advisor for a precise quote.
VII. Substitute Travellers
Prior to commencement of the trip, the Client is free to undertake changes to the names and persons insofar as the substitute travellers meet the specific requirements for making such a trip and participation of the substitute traveller(s) is not precluded by statutory provisions or orders of public authorities.
VIII. Rescission in Cases of Shortfall of Minimum Number of Group Travellers
Pure Germany may rescind the contract for services to be provided for group tours due to a shortfall of the minimum number of participants, provided that a) the respective specification of services defined a concrete minimum number of participants and stated the latest date at which the Client must receive the declaration of rescission, prior to the contractually agreed commencement of services, and b) the booking confirmation clearly indicates the minimum number of participants and the latest date of rescission, or contains a reference to respective information in the travel advertisement. In such event, rescission shall be declared without undue delay and must be received by the Client at the latest at the time specified in para. a) above.
IX. Termination Right of Pure Germany
Pure Germany may terminate the contract without notice insofar as individual travellers seriously disrupt the performance of the trip in spite of a warning by Pure Germany or such persons conduct themselves in violation of the contract to such an extent that immediate cancellation of the contract is justified. Should Pure Germany terminate the contract, it shall still be entitled to payment of the price but with set-off of saved expenses and such benefits as obtained from a different use of unclaimed services, including any amounts credited by the service providers.
X. The Client’s Obligations to Notify and Cooperate
The Client shall inform Pure Germany if it fails to receive the necessary travel documents (e.g. tickets, hotel vouchers) within the period notified by Pure Germany. The Client is obligated to check the accuracy and completeness of the travel documents received, in particular, their conformity with the booking. Furthermore, the Client is obligated to immediately notify Pure Germany regarding discrepancies, missing documents or other inconsistencies. Should the Client culpably fail to meet this obligation, it shall also be liable for any damage resulting herefrom (§ 254 German Civil Code (BGB)).
It is incumbent on the Client to notify Pure Germany of any defects which occur. If it culpably fails to do so, the price shall not be reduced. Notification of defects is not subject to a specific form but it is recommended that it be made in writing. Such notification is unnecessary if it is apparent that such shall have no prospect of success or would be unreasonable for other reasons or Pure Germany could not have been unaware of the defect. Prior to commencement of performance of the services, the Client shall be provided with an emergency phone number or other data for immediate contact with Pure Germany. The Client is obligated to forward the contact data to all participating travellers.
The Client shall inform its travellers of their obligation to pay any extra services on site themselves which are not contained in Pure Germany's specification of services, such as e.g. visitor’s tax, other local charges, costs of Pay-TV, minibar, food & beverage services or parking. Pure Germany will not assume any of these costs. Furthermore, the Client shall inform its travellers that local service providers may require guarantees by credit card or cash deposits. Pure Germany shall inform Client in due time of such requirements.
It is incumbent on the Client alone to notify its travellers in due time regarding pertinent passport, visa and healthcare regulations as well as any amendments thereof in due time prior to commencement of the trip. Travellers should also review their personal insurance and health insurance to ensure they have adequate coverage in case of any loss of property or illness, injury or death.
XI. Exclusion of Claims, Statute of Limitations
Claims based on defective services shall be made by the Client to Pure Germany within one month following the contractually foreseen end of the service. After expiration of this time period, claims can only be made if Pure Germany could not comply with the stated time period with no fault of its own. The Client’s claims shall be time-barred after one year, subject to other mandatory statutory regulations. The shortened statute of limitations period shall not apply to claims for damage caused by gross negligence as well as bodily harm.
XII. Limitation of Liability
(1) Pure Germany shall be liable for injuries causing death, damage to body and health which result from intentional or negligent breach of duty by Pure Germany, its statutory representatives or vicarious agents in accordance with the statutory provisions. For damage which is not covered by sentence 1 hereof and which result from intentional or negligent breach of duties by Pure Germany, its statutory representatives or vicarious agents, Pure Germany shall also be liable according to the pertinent statutory regulations.
(2) Pure Germany shall also be liable for damage caused by negligence to the extent that the damage resulting herefrom is based on a violation of rights to be granted to the Client in accordance with the content and purpose of the contract and/or by a breach of obligations which are necessarily required for the proper performance of the contract and the performance of which the Client normally can and does rely (cardinal obligations). Liability for material damage and pecuniary losses hereunder is limited to the foreseeable damage typical for such contract.
(3) Otherwise, liability for material damage and resulting pecuniary losses is limited to Euros 1.000.000,00 per incident of damage even in case of a breach of material contractual obligations and Euros 10.000.000,00 per incident of personal damage/bodily injuries.
(4) The above limitations of liability shall apply in the same scope accordingly in favor of company organs, statutory representatives, employees and other vicarious agents of Pure Germany.
(5) Otherwise, liability is precluded – insofar as not otherwise mandatory by statute.
(6) Pure Germany does not recommend train services within the three destinations Germany, Switzerland, and Austria, particularly within Germany, as a primary mode of transportation. Therefore, we do not assume liability for train delays, wagon or seat allocations, cancellations, or other service disruptions caused by the railway operator or any third-party service provider. This includes, but is not limited to, train cancellations, delays, missed connections, or difficulties in locating the correct train or platform. Travelers assume full responsibility for any risks associated with choosing train travel. In the event of such disruptions, Pure Germany shall not be liable for any consequential damages or costs, including, but not limited to, missed connections, accommodation, missed or expired tours, other planned itinerary items, or alternative transportation - unless such costs result from intent or gross negligence on the part of Pure Germany.
Furthermore, Pure Germany shall not be held liable for any disruptions, delays, or damages resulting from force majeure events, including but not limited to natural disasters, strikes, extreme weather conditions, war, pandemics, or other unforeseeable and unavoidable circumstances beyond our control. Requests for seat reservations, the carriage of special or oversized luggage, or any additional rail services shall only be binding if submitted at the time of booking and confirmed in writing by Pure Germany.
XIII. Miscellaneous
Subject to other individual agreements, the entire contractual relationship between Pure Germany and the Client shall be governed by German law. If the Client is deemed a merchant, a legal entity of public-law, or a special fund under public law, exclusive jurisdiction for all claims resulting from or related to this contract is agreed to be the registered seat of Pure Germany. The same shall apply vis-à-vis persons having no general place of jurisdiction in Germany, or having moved their domicile or habitual residence abroad, after conclusion of the contract, or persons of unknown domicile or usual abode at the time of suing. The Client shall be entitled to set-off only if its counterclaims are established by final judgment, are recognized by Pure Germany or have a close reciprocal (synallagmatic) connection to Pure Germany’s claim. The Client is only entitled to exercise a right of retention if its counterclaim is based on the same contractual relationship. The Client is not entitled to assign its claims against Pure Germany hereunder without the consent of the latter. Any invalidity of individual regulations hereof shall not result in the invalidity of the contract as a whole.
Memmingen, 1st September 2025