Agency and travel conditions


The following provisions regulate, insofar as they have been effectively agreed,

- on the one hand, the agency relationship between the customer and the company holidayheroes Deutschland GmbH, based in Hansastraße 10, 80686 Munich (hereinafter referred to as "holidayheroes") and the agency services provided by holidayheroes,

- on the other hand, the content of the package travel contract to be concluded between the customer and the company TRAVELSTORE sprl, with registered office at 11/4, Avenue Docteur Lemoine, 1070 Brussels (hereinafter "TRAVELSTORE").

The following regulations supplement

- with regard to the agency relationship with holidayheroes the statutory provisions on the provision of services against payment in accordance with §§ 675, 631 ff BGB (German Civil Code)

- and, with regard to the travel contract relationship with TRAVELSTORE the statutory provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB) and complete these.


Therefore, please read these agency and travel conditions carefully before booking!

1. Brokerage by holidayheroes, tour operator provision by TRAVELSTORE

1.1. is an online sales brand of the tour operator TRAVELSTORE.

1.2. holidayheroes trips in Germany are arranged exclusively via the booking portal (hereinafter "booking portal"), the operator of which is holidayheroes and is responsible for the content.

1.3. The conclusion of a travel contract via the booking portal always takes place through the mediation of holidayheroes between the customer and TRAVELSTORE as the tour operator responsible for the service. Irrespective of holidayheroes' obligations arising from the agency contract, holidayheroes is therefore not liable for the information on prices and travel services, nor for the provision of travel services themselves, nor for any travel defects, nor for any damage suffered by the customer during the provision of travel services.

1.4. Any liability of holidayheroes arising from the agency contract and from statutory provisions, in particular in accordance with mandatory regulations on telemedia and electronic business transactions, remains unaffected by this.

2. Procurement of the package travel contract; obligations of the customer

2.1. The travel offer on the holidayheroes booking portal and the customer's booking are based on the travel advertisement and the supplementary information for the respective trip, insofar as these are available to the customer at the time of booking.

2.2. Information in hotel guides and similar directories, that are neither published by holidayheroes nor by TRAVELSTORE are not binding for TRAVELSTORE as the tour operator responsible for the service and the service obligation of TRAVELSTORE unless they have been made part of the service obligation of TRAVELSTORE by express agreement with the customer.

2.3. The pre-contractual information provided on the booking portal regarding the essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees (pursuant to Article 250 § 3 number 1, 3 to 5 and 7 EGBGB) shall only not become part of the package travel contract if this has been expressly agreed between the parties.

2.4. The customer is liable for all contractual obligations of fellow travelers for whom he makes the booking, as for his own, insofar as he has assumed a corresponding obligation by express and separate declaration.

2.5. By clicking the "Book with obligation to pay" button at the end of a booking section on the booking portal, the customer makes a binding offer to holidayheroes to conclude the package travel contract.

2.6. holidayheroes will immediately confirm receipt of the customer's booking declaration electronically. holidayheroes acts in this respect as an authorized agent and commercial representative of TRAVELSTORE. This confirmation of receipt does not constitute a contractual declaration, but is merely for information purposes.

2.7. The transmission of the booking by pressing the button "book with obligation to pay" does not constitute a claim by the customer to the conclusion of a package travel contract in accordance with his booking details. Rather TRAVELSTORE is free to decide whether or not to accept the customer's contract offer via holidayheroes as a commercial agent on behalf of TRAVELSTORE.

2.8. The contract is concluded upon receipt of the travel confirmation (declaration of acceptance), which holidayheroes sends to the customer on behalf of TRAVELSTORE as its authorized agent and commercial representative. As part of the travel confirmation, holidayheroes will send the customer a travel confirmation as an email attachment in accordance with the legal requirements regarding its content.

2.9. If a travel confirmation is issued, holidayheroes will send it to the customer - again as an authorized agent and commercial representative of TRAVELSTORE. This is done by directly sending the travel confirmation on a durable medium as an email attachment to the email address provided by the customer when registering on the booking portal. The package travel contract is concluded immediately upon receipt of this travel confirmation by the customer.

2.10. holidayheroes and TRAVLSTORE would like to point out that according to the statutory provisions (§§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB) there is no right of withdrawal, for package travel contracts according to § 651a and § 651c BGB, which were concluded in distance selling (e.g. via online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal according to § 651h BGB (see also section 6). However, there is a right of withdrawal if the contract for travel services has been concluded outside of business premises in accordance with Section 651a BGB, unless the verbal negotiations on which the conclusion of the contract is based were conducted at the consumer's prior request; in the latter case, there is also no right of withdrawal.

3. Payment

3.1. Payment is processed either by holidayheroes or by a licensed payment service provider commissioned by holidayheroes, whereby holidayheroes in turn acts as TRAVELSTORE's commercial agent authorized to collect payments. In this respect, holidayheroes is authorized by TRAVELSTORE to either accept or collect all down payments and balance payments on the travel price to be paid by the consumer customers to TRAVELSTORE itself on behalf of TRAVELSTORE or to authorize a third-party payment service provider to accept or collect customer funds. Upon full payment of the travel price to holidayheroes or to the payment service provider authorized by holidayheroes, the customer has fulfilled his/her payment obligation under the travel contract, irrespective of whether and to what extent these payments are subsequently forwarded to TRAVELSTORE.

3.2. All customer payments are secured by an effective guarantee contract in accordance with the relevant legal provisions in Belgium, where TRAVELSTORE has its registered office. Insolvency protection is provided by the Belgian Protection Fund of the Belgian Federal Public Service. This insurance meets the requirements of §§ 651s and t BGB.

3.3. Unless a non-refundable rate has been booked in an individual case, a deposit of 40% of the travel price is due for payment after conclusion of the contract if TRAVELSTORE has the legal protection of the aforementioned protection fund. The remaining payment is due 30 days before the start of the trip, provided that TRAVELSTORE has the legal protection under the aforementioned protection fund. In the event of booking a non-refundable rate and for other bookings made less than 30 days before departure, the entire travel price is due for payment immediately after booking

3.4. If the customer does not pay the travel price or does not pay it in full when the due date is reached and the customer does not have a right of set-off or retention at the due date or if the guest is not responsible for the delay in payment, holidayheroes, as the authorized commercial agent of TRAVELSTORE, is entitled to withdraw from the package travel contract after issuing a reminder with a reasonable deadline and expiry of this deadline and to charge the customer cancellation costs in accordance with section 6 of the travel conditions

4. Changes to the contents of the contract before the start of the tour that do not affect the tour price

4.1. TRAVELSTORE is permitted to make changes to essential features of travel services from the agreed content of the package travel contract that become necessary after conclusion of the contract and were not brought about by TRAVELSTORE in bad faith prior to the start of the trip, provided that the changes are insignificant and do not affect the overall character of the trip.

4.2. TRAVELSTORE is obligated to inform the customer about changes to services immediately after becoming aware of the reason for the change on a durable medium (e.g. also by email, SMS or voice message) in a clear, comprehensible and prominent manner.

4.3. In the event of a significant change to an essential feature of a travel service or a deviation from the customer's special requirements that have become part of the package travel contract, the customer is entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period set by TRAVELSTORE at the same time as notification of the change. If the customer does not expressly declare his withdrawal from the package travel contract to TRAVELSTORE within the period set by TRAVELSTORE, the change is deemed to have been accepted.

4.4. Any warranty claims remain unaffected if the changed services are defective. If TRAVELSTORE had lower costs for the execution of the modified tour or a possibly offered substitute tour with the same quality at the same price, the customer shall be reimbursed the difference in accordance with § 651m para. 2 BGB.

5. Price increase; price reduction

5.1. TRAVELSTORE reserves the right, in accordance with § 651f, 651g BGB and the following provisions, to increase the travel price agreed in the package travel contract if, after conclusion of the contract, there is
a) An increase in the price for the transportation of passengers due to higher costs for fuel or other energy sources,
b) An increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or
c) A change in the exchange rates applicable to the package tour in question has a direct impact on the travel price.

5.2. An increase in the travel price is only permitted if TRAVELSTORE informs the traveler clearly and comprehensibly in text form about the price increase and the reasons for it and provides the calculation of the price increase in the process

5.3. The price increase is calculated as follows:
a) In the event of an increase in the price for the transportation of persons in accordance with Section 5.1.a), TRAVELSTORE may increase the travel price in accordance with the following calculation:

  • In the case of an increase related to the seat, TRAVELSTORE may demand the amount of the increase from the customer.
  • Otherwise, the increased costs for fuel or other energy sources demanded by TRAVELSTORE from the transport company per means of transport shall be divided by the number of persons transported. TRAVELSTORE may demand the resulting increase for each person transported from the customer.
b) In the event of an increase in taxes and other charges pursuant to Clause 5.1.b), the travel price may be increased by the corresponding pro rata amount.
c) In the event of an increase in exchange rates pursuant to Section 5.1.c), the tour price may be increased to the extent that the tour has become more expensive for TRAVELSTORE as a result

5.4. TRAVELSTORE is obliged, to grant the customer/traveler a reduction in the travel price at his request if and to the extent that the prices, charges or exchange rates specified in Section 5.1 a) - c) have changed after conclusion of the contract and prior to commencement of travel and this results in lower costs for TRAVELSTORE. If the customer/traveler has paid more than the amount owed hereunder, the additional amount is to be reimbursed by TRAVELSTORE. However, TRAVELSTORE may deduct the administrative expenses actually incurred by TRAVELSTORE from the excess amount to be refunded. At the request of the customer/traveler, TRAVELSTORE must provide evidence of the amount of administrative expenses incurred.

5.5. Price increases are only permitted up to the 20th day prior to the start of the tour, upon receipt by the customer

5.6. In the event of price increases of more than 8%, the customer is entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period set by TRAVELSTORE at the same time as notification of the price increase. If the customer does not expressly declare his withdrawal from the package travel contract to TRAVELSTORE within the period set by TRAVELSTORE, the change is deemed to have been accepted.


6. Withdrawal by the customer before the start of the trip; cancellation costs

6.1. The customer may withdraw from the package travel contract at any time before the start of the trip. Withdrawal must be declared to TRAVELSTORE at the address given below; if the trip was booked through a travel agent, withdrawal may also be declared to the travel agent. The customer is advised to declare the withdrawal in text form.

6.2. If the customer withdraws before the start of the trip or if the customer does not commence the trip, TRAVELSTORE shall lose its claim to the travel price. Instead, TRAVELSTORE may demand reasonable compensation insofar as TRAVELSTORE is not responsible for the withdrawal. TRAVELSTORE may not demand compensation if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the performance of the package tour or the transportation of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.

6.3. The compensation flat rates due in each case are agreed individually between TRAVELSTORE and the customer during the online booking process, depending on the booked rate, and are repeated in the travel confirmation. These individually agreed compensation flat rates are determined taking into account the specific savings in expenses (in accordance with the respective agreements between TRAVELSTORE and the service providers concerned).

6.4. In any case, the customer is at liberty to prove to TRAVELSTORE that TRAVELSTORE has suffered no damage at all or significantly less damage than the flat-rate compensation demanded by TRAVELSTORE.

6.5. EA lump-sum compensation according to Section 6.3. is deemed not to have been determined and agreed if TRAVELSTORE proves that TRAVELSTORE has incurred significantly higher expenses than the calculated amount of the lump sum according to Section 6.3. In this case, TRAVELSTORE is obligated to specifically quantify and justify the claimed compensation, taking into account the saved expenses and the acquisition of any other use of the travel services.

6.6. If TRAVELSTORE is obligated to reimburse the travel price as a result of a withdrawal, § 651h para. 5 BGB remains unaffected.

6.7. The statutory right of the customer to demand from TRAVELSTORE, in accordance with § 651 e BGB, that a third party assumes the rights and obligations arising from the package travel contract instead of the customer by means of a notification on a durable medium, remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by TRAVELSTORE 7 days before the start of the tour.

6.8. The conclusion of travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness is strongly recommended.


7. Rebookings

The customer is not entitled to make changes to the date of travel, the destination, the place of departure, the accommodation, the type of board, the type of transportation or other services (rebooking) after conclusion of the contract, unless this was expressly agreed as part of the booking. If the possibility of a rebooking has been agreed, the conditions of the rebooking (deadlines and fees) result individually and specifically from the agreed content in accordance with the information in the booking process, which is also carried out in the course of the respective travel confirmation. This does not apply if the rebooking is necessary because TRAVELSTORE has provided no, insufficient or incorrect pre-contractual information to the traveler in accordance with Art. 250 § 3 EGBGB; in this case, the rebooking is possible free of charge. If a rebooking option has not been agreed, rebooking requests by the customer, if possible at all, can only be carried out after withdrawal from the package travel contract in accordance with Clause 6 on the terms and conditions and simultaneous re-registration. This does not apply to rebooking requests that only incur minor costs.


8. Services not utilized

If the traveler does not make use of individual travel services that TRAVELSTORE was willing and able to provide in accordance with the contract for reasons attributable to the traveler, the traveler is not entitled to a pro rata refund of the travel price, unless such reasons would have entitled the traveler to withdraw from or terminate the travel contract free of charge in accordance with the statutory provisions. TRAVELSTORE will endeavor to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply in the case of completely insignificant services.


9. Termination for behavioral reasons

9.1. TRAVELSTORE may terminate the package travel contract without notice if the traveler persistently disrupts the contract despite a warning from TRAVELSTORE or if the customer behaves contrary to the contract to such an extent that the immediate termination of the contract is justified. This does not apply if the breach of contract is due to a violation of TRAVELSTORE's duty to inform.

9.2. If TRAVELSTORE cancels the contract, TRAVELSTORE retains the claim to the travel price; however, TRAVELSTORE must offset the value of the saved expenses as well as the benefits that TRAVELSTORE obtains from any other use of the unused service, including the amounts credited by the service providers.


10. Obligations of the customer/traveler

10.1. Travel documents
The customer must inform TRAVELSTORE or his travel agent, through whom the customer has booked the package tour, if the customer does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the period communicated by TRAVELSTORE.

10.2. Notification of defects / request for remedy
a) If the trip is not provided free of travel defects, the traveler may demand remedy.
b) Insofar as TRAVELSTORE was unable to remedy the situation due to a culpable omission of the notification of defects, the traveler may neither assert claims for a reduction in price pursuant to § 651m BGB nor claims for damages pursuant to § 651n BGB.
c) The traveler is obliged to notify the TRAVELSTORE representative on site immediately of any defects. If a representative of TRAVELSTORE is not available on site and is not contractually obligated, any travel defects must be reported to TRAVELSTORE at the contact point provided by TRAVELSTORE; information about the availability of the representative of TRAVELSTORE or his contact point on site is provided in the travel confirmation. However, the traveler may also bring the notification of defects to the attention of his travel agent through whom he booked the package tour
d) The representative of TRAVELSTORE is instructed to take remedial action if this is possible. However, he is not authorized to recognize claims.

10.3. Setting a deadline before termination
If the customer/traveler wishes to terminate the package travel contract due to a travel defect of the type described in § 651i (2) BGB, insofar as it is significant, in accordance with § 651l BGB, the customer must first set TRAVELSTORE a reasonable deadline for remedial action. This only does not apply if TRAVELSTORE refuses to provide a remedy or if immediate remedy is necessary.

10.4. Baggage damage and baggage delay during air travel; special rules & deadlines for requesting remedy
a) The traveler is advised that baggage loss, damage and delay in connection with air travel must be reported by the traveler to the responsible airline immediately on site by means of a damage report ("P.I.R.") in accordance with aviation regulations. Airlines and TRAVELSTORE may refuse reimbursement on the basis of international agreements if the damage report has not been completed. The damage report must be submitted within 7 days in the event of damage to baggage and within 21 days of delivery in the event of delay.
b) In addition, the loss, damage or misdirection of luggage must be reported immediately to TRAVELSTORE, its representative or contact point or the travel agent. This does not release the traveler from reporting the damage to the airline in accordance with letter a) within the above deadlines


11. Special obligations of the customer for packages with medical services, spa treatments, wellness offers

11.1. In the case of packages which include medical services, spa treatments, wellness offers or comparable services, it is the responsibility of the customer to find out before booking, before commencing the journey and before using the services whether the corresponding treatment or services are suitable for him/her, taking into account his/her personal health disposition, in particular any existing complaints or illnesses.

11.2. TRAVELSTORE does not owe any special medical information or instruction on the consequences, risks and side effects of such services, in particular tailored to the respective customer, without express agreement.

11.3. The above provisions apply irrespective of whether TRAVELSTORE is only an agent for such services or whether these are part of the travel services.


12. Limitation of liability

12.1. TRAVELSTORE's contractual liability for damages that do not result from injury to life, limb or health and were not culpably caused is limited to three times the travel price. Any further claims under the Montreal Convention or the Air Traffic Act remain unaffected by this limitation of liability

12.2. TRAVELSTORE is not liable for service disruptions, personal injury and property damage in connection with services that are merely arranged as third-party services (e.g. arranged excursions, sporting events, theater visits, exhibitions), if these services were expressly and clearly identified as third-party services in the travel description and travel confirmation, stating the identity and address of the arranged contractual partner, so that they are recognizably not part of TRAVELSTORE's package tour for the traveler and were selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.

12.3. However, TRAVELSTORE shall be liable if and to the extent that TRAVELSTORE's breach of information, clarification or organizational obligations has caused damage to the traveler.

12.4. Insofar as services such as medical services, therapy services, massages or other curative treatments or services are not part of the package tour of TRAVELSTORE and are merely arranged by TRAVELSTORE in addition to the booked package according to Section 13, TRAVELSTORE is not liable for the provision of services or personal injury or property damage. Liability arising from the agency relationship remains unaffected by this. Insofar as such services are part of the travel services, TRAVELSTORE is not liable for the success of the treatment or cure


13. Assertion of claims; addressee

The customer/traveler must assert claims pursuant to Section 651i (3) No. 2, 4-7 BGB against TRAVELSTORE. The assertion can also be made via the travel agent if the package tour was booked via this travel agent. The contractual claims listed in Section 651 i (3) BGB are subject to a limitation period of two years. The limitation period shall commence on the day on which the trip was due to end according to the contract. It is recommended that claims be asserted in text form.


14. Duty to inform about the identity of the operating air carrier

14.1. TRAVELSTORE shall inform the customer at the time of booking in accordance with the EU regulation on informing air passengers of the identity of the operating air carrier before or at the latest at the time of booking of the identity of the operating air carrier(s) with regard to all air transportation services to be provided as part of the booked trip.

14.2. If the operating airline(s) has/have not yet been determined at the time of booking, TRAVELSTORE is obliged to inform the customer of the airline or airlines that will probably operate the flight. As soon as TRAVELSTORE knows which airline will operate the flight, TRAVELSTORE will inform the customer.

14.3. If the airline named to the customer as the operating airline changes, TRAVELSTORE will inform the customer of the change without delay and as quickly as possible by reasonable means

14.4. The "Black List" (airlines prohibited from using the airspace above the Member States) drawn up in accordance with the EC Regulation is available on the TRAVELSTORE website or directly at and can be viewed in the TRAVELSTORE offices.


15. Passport, visa and health regulations

15.1. TRAVELSTORE will inform the customer/traveler about general passport and visa requirements as well as health formalities of the country of destination, including the approximate deadlines for obtaining any necessary visas prior to conclusion of the contract and any changes thereto prior to departure

15.2. The customer is responsible for obtaining and carrying the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Any disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the customer/traveler. This does not apply if TRAVELSTORE has provided no, insufficient or incorrect information.

15.3. TRAVELSTORE is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation if the customer has commissioned TRAVELSTORE with the procurement, unless TRAVELSTORE has culpably violated its own obligations.


16. Special regulations in connection with pandemics (in particular the corona virus)

16.1. The parties agree that the agreed travel services shall always be provided by the respective service providers in compliance with and in accordance with the official requirements and conditions applicable at the time of travel.

16.2. The traveler agrees to observe appropriate usage regulations or restrictions of the service providers when using travel services and to inform the tour guide and the service provider immediately in the event of typical symptoms of illness occurring.


17. Alternative dispute resolution; choice of law and jurisdiction agreement

17.1. holidayheroes and TRAVELSTORE point out with regard to the law on consumer dispute resolution that neither holidayheroes as portal operator and travel agent nor TRAVELSTORE as tour operator participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for holidayheroes and/or TRAVELSTORE after publication of these Terms and Conditions of Travel, holidayheroes and/or TRAVELSTORE will inform consumers of this in an appropriate form. holidayheroes and TRAVELSTORE refer to the European online dispute resolution platform for all travel contracts concluded in electronic legal transactions.

17.2. For customers/travelers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire agency relationship between the customer and holidayheroes as well as for the entire travel contract relationship between the customer/traveler and TRAVELSTORE. Customers may sue holidayheroes exclusively at the registered office of holidayheroes.

17.3. The place of jurisdiction for legal action by holidayheroes against customers or contractual partners of the agency agreement who are merchants, legal entities under public or private law or persons who have their domicile or usual place of residence abroad, or whose domicile or usual place of residence is unknown at the time the action is brought, is agreed to be the registered office of holidayheroes.

17.4. For legal actions brought by TRAVELSTORE against customers or contractual partners of the package travel contract who are merchants, legal entities under public or private law or persons who have their domicile or usual place of residence abroad, or whose domicile or usual place of residence is unknown at the time the action is brought, the place of jurisdiction shall be the registered office of TRAVELSTORE.

© These travel conditions are protected by copyright;

TourLaw - Noll | Hütten | Dukic Attorneys at Law, Munich | Stuttgart, 2023



Travel agent is:

  • holidayheroes Deutschland GmbH
  • HRB 280693
  • Managing directors: Mr. Robin Wolters, Mr. Erez Bousso
  • Registered office: Hansastrasse 10, 80686 Munich, Germany
  • Telephone +49 (0) 89 12 08 67 74
  • E-mail address


The tour operator is:

  • TRAVELSTORE sprl, a limited liability company under Belgian law
  • N° TVA : 0455.226.245
  • Managing Director: Mr. Yoni Alhadeff (Directeur Général)
  • Registered office: 11/4, Avenue Docteur Lemoine, 1070 Brussels
  • Telephone +49 (0) 89 12 08 67 74
  • E-mail address


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