Terms and Conditions
Agent General Terms and Conditions (stationary)
General terms and conditions of the travel agency
§ 1
Activity as a travel agent
1. The following General Terms and Conditions (GTC) regulate the contractual relationships between the traveler and the brokerage services provided by the travel agency (hereinafter “RB”). The following General Terms and Conditions of RB apply exclusively to the brokerage contract. The validity of any general terms and conditions of the traveler is hereby expressly contradicted.
2. RB offers the traveler all travel services from a wide range of tour operators and service providers (e.g. for individual travel services or linked travel services) exclusively for the purpose of acting as a travel agent, agent of linked travel services or agent of individual travel services.
3. By booking, the traveler gives RB the brokerage order. RB accepts the customer's brokerage order in text form, in writing or (remotely) orally.
4. RB can arrange specialQuality Plus services with the traveler. RB offers the customer theQuality Plus services (with the exception of theQuality PlusInsurance services) in your own name and on your own account. TheQuality Plus insurance services (QTA value-added package) are provided by RB, whereby RB points out the insurance conditions, including the insurer's insurance certificate, when concluding the contract and hands them over to the customer. The RB can also charge service and consulting fees in its own name and for its own account for services outside the Quality Plus portfolio. These fees are non-refundable in the event of cancellation.
5. For the travel contract brokered by RB between the traveler and the respective tour operator or service provider (hereinafter also “provider”), only the general terms and conditions of the respective provider are relevant. The general terms and conditions of the respective providers are displayed or acknowledged before booking the trip and must be expressly confirmed by the participant/traveler. If there are no general terms and conditions of a provider (e.g. for scheduled flights), the respective tariff regulations of the airline, which the traveler was aware of before booking, apply.
§ 2
Brokerage order and payment conditions
1. By booking, the traveler gives RB a legally binding order to arrange certain travel services for the traveler with a specific provider.
2. In legal terms, the booking is the traveler's offer to the provider to conclude a travel contract. RB transmits this to the provider. The transmission by RB does not constitute acceptance of the traveler's offer to conclude a travel contract with the respective provider. The provider decides on its own responsibility whether to accept it. If he accepts the traveler's offer, the traveler will receive a written travel confirmation or travel confirmation in text form.
3. RB as an agent is not obliged to pay the travel price to the provider for the traveler. The traveler must bear any disadvantages caused by the traveler not paying on time.
4. Invoices issued and collected by RB (travel agency collection by RB) are made in the name and for the account of the provider. Invoices must be paid on the date shown on the invoice.
5. When arranging a package trip, in cases of travel agency collections by RB, the security certificate in accordance with §651r BGB will be handed over before payment. When arranging related travel services, RB will ensure the customer money protection required in accordance with Section 651 w Paragraph 3 of the German Civil Code (BGB) and provide the traveler with the associated security certificate.
§ 3
Travel documents
1. Travel documents are handed over to the traveler, sent by email or post or, in individual cases, deposited with the service providers of the respective provider (airlines, hotels, rental car companies, etc.). Thetransmission risk is borne by the traveler.
2. If the traveler wishes to have travel documents sent by courier, the traveler must bear all resulting costs. Thetransmission risk is borne by the traveler.
3. If the traveler requests travel insurance to be arranged by RB, RB will send the traveler the insurance documents personally or by post. The insurance documents usually consist of the insurance conditions and an insurance number.
4. In his own interest, the traveler is asked to immediately check the documents provided to him by the travel agency for accuracy and, if any discrepancies are discovered, to immediately inform the travel agency or the provider directly in order to avoid damage.
|| |1332
§ 4
Issuance and dispatch of flight tickets/Identity of the operating airlines for booked flight services
1. In principle, flight tickets are issued no later than 14 days before departure and delivered or handed over to the traveler according to the shipping method chosen. This only applies if the relevant airline as a travel provider has not specified any other issuance deadlines. RB can also issue flight tickets earlier on request, although it should be noted that in the event of a cancellation or the traveler's request to rebook, the provider will charge cancellation/rebooking fees of up to 100% of the travel price may occur. A legal right to delivery only exists on the day of departure. The traveler must note that after the tickets have been issued, in the event of a cancellation/rebooking, a processing fee will be charged by RB in addition to any cancellation/rebooking fees charged by the providers.
2. If the airline offers an electronic ticket (“e-ticket”) instead of a paper ticket, an electronic booking code is usually transmitted in text form (usually by email). This must be presented by the traveler upon check-in together with an identification document (identity card or passport).
3. In accordance with EU Regulation VO 2111/05, the RB hereby points out the travel agent's obligation to inform the traveler about the identity of the operating airline for all transport services on the outward and return flight before the contract is concluded, provided that the airline has already been determined before the contract is concluded. In this regard, RB refers to the information in the respective service descriptions about the airlines used. If the airline has not yet been determined, RB will inform the traveler about the airline that is expected to operate the flight before the contract is concluded. As soon as the airline has been determined, RB will ensure that the traveler receives this information as quickly as possible. This also applies to any changes to the airlines operating the flight service.
§ 5
Rebooking and cancellation
The traveler can incur considerable costs from rebookings and cancellation of the travel contract. After conclusion of the contract with the provider of the tourism service in question, these regulations are based exclusively on the legal provisions or the general terms and conditions of the respective provider as the traveler's contractual partner. To avoid this cost risk, RB therefore recommends that the traveler take out travel cancellation insurance and take out insurance to cover repatriation costs in the event of illness or accident.
§ 6
Information obligations of the travel agent
1. To the extent that RB is a travel agent within the meaning of Section 651 v Paragraph 1 of the German Civil Code (BGB), RB fulfills the statutory information obligations before registering for the trip in accordance with Section 651 v Paragraph 1 of the German Civil Code (BGB) and provides information in particular about essential features of the trip, travel price, deposit and final payment,Minimum number of participants, entry regulations, cancellation compensation, form for package tours, etc., unless this information has already been provided by the respective tour operator. RB will give the traveler the relevant form.
2. To the extent that RB is an agent of related travel services within the meaning of Section 651 w Paragraph 1 of the German Civil Code (BGB), RB will inform the traveler in accordance with Article 251 of the Introductory Act to the Civil Code and provide the traveler with the relevant form.
§ 7
Obligations of the traveler/forwarding notifications of defects
1. RB expressly points out to the traveler that the general terms and conditions of the respective provider as the traveler's contractual partner usually impose special obligations for the traveler in the event ofoccurring defects in the travel services or in the event loss of luggage or similar. This particularly includes observing and adhering to the requirements of the tour operator/service provider or the respective transport company when handling flights.
2. If the traveler does not comply with the obligations arising from this, this can lead to a (partial) loss of the traveler's claims against the provider.
3. The traveler must report any defects in RB's brokerage service immediately and - where possible - give RB the opportunity to remedy the situation.
4. RB is deemed to be authorized by the tour operator to report defects and other declarations from the travelerregarding. for the provision of the travel services. RB must inform the tour operator immediately of such notifications of defects and declarations by the traveler.
§ 8
Liability of RB
1. RB is not liable for the consequences of unavoidable, extraordinary circumstances such ase.g.. Wars, civil unrest, hijackings, terrorist attacks, fires, floods that affect RB's services.
2. Furthermore, RB is not liable for the provision of the travel service and/or for the success of the mediation of the application submitted to it to conclude a travel contract with the respective provider, but only for the fact that the mediation is carried out with the care of a prudent businessman. RB is not liable for loss, destruction or damage to travel documents if they are sent or handed over to the traveler. RB is not liable for the information provided by the respective provider regarding the trip desired by the traveler and also not for the availability of travel services at the time the contract is concluded or for changes in the provider's services after the conclusion of the brokered travel contract.
3. The aforementionedExclusions do not apply if RB was aware of incorrect and/or incorrect information or ifhandels- and had to be known with the care customary in the industry. In this respect, RB's liability for knowledge of such circumstances is limited to cases of intent or gross negligence.
4. RB's liability is unlimited for damage to life, body or health as well as in cases of intent or gross negligence, when a guarantee is given or in cases of fraud. There is also unlimited liability for booking errors in accordance with §651x BGB or in cases of violation of the insolvency protection and/or information obligation in accordance with § 651w Paragraph 4 BGB.
5. Furthermore, RB is liable for damages caused by simple negligence to the extent that the negligence concerns the violation of contractual obligations, compliance with which is important for achieving the purpose of the contract and on whose compliance the traveler regularly relies or may rely (so-called cardinal obligations). However, RB is only liable to the extent that these damages are typically associated with the contract and are foreseeable. In this case, liability is limited to three times the value of the tourism service provided. In cases of negligent violation ofessential contractual additional obligations, RB is not liable.
6. Theabove limitations of liability also apply as far as the liability for the legal representatives, executive employees and other vicarious agents of RB is concerned. Any further liability is excluded regardless of the legal nature of the claim. To the extent that RB's liability is excluded or limited, this also applies to the personal liability of its employees, employees, collaborators, representatives and other vicarious agents.
§ 9
Data protection
1. RB is responsible under data protection law for the processing of travelers' personal data for the purpose of executing the contract in accordance with Article 6, sentence 1, paragraph 1, letter b of the GDPR. The personal data of travelers is processed exclusively to carry out and process the booking. Personal data will not be passed on to third parties for purposes other than to fulfill the contract without the traveler's consent. The data will be deleted as soon as they are no longer required for the purpose of their processing, unless RB pursuant to Art. 6 Para. 1 lit. cDSGVO due to tax and commercial law retention and documentation obligations require longer storage or the traveler has consented to further storage in accordance with Article 6 Paragraph 1 Letter aGDPR.
2. The applicable data protection law grants travelers the following data subject rights towards RB with regard to the processing of their personal data:
Right to information in accordance with Art. 15GDPR, right to rectification in accordance with Art. 16GDPR, right to deletion in accordance with . Art. 17GDPR, right to restriction of processing in accordance with Art. 18GDPR, right to information in accordance with . Art. 19GDPR, right to data portability in accordance with Art. 20 GDPR, right to revoke consent in accordance with Art. 7 Para. 3DSGVO as well as the right to complain to the supervisory authority in accordance with Art. 77GDPR.
3. The traveler can contact the RB regarding data protection issues at
XXX HOLIDAY LAND travel agencyXXX
XXX StreetXXX
XXX Zip Code CityXXX
XXX E-Mail Adresse XXX
XXX Telephone XXX
contact.
§ 10
Dispute resolution proceedings before a consumer arbitration board
RB is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and does not take part in a dispute resolution procedure before a consumer arbitration board.