TERMS OF SERVICE
1. General
Dear customer, the following provisions, insofar as they have been effectively agreed, become the content of the travel appraisal contract concluded between the customer and the travel agent (the travel agency or other travel agent). They supplement and complete the legal provisions applicable to the travel agency contract.
2. Conclusion of Contract, Applicable Law
2.1 The conclusion of the contract does not require a specific form. With the placement of the mediation order, the travel agency contract is concluded between the customer and the travel agent as an agency contract.
2.2 If the order is placed electronically (e-mail, internet), the travel agent will immediately confirm receipt of the order electronically. This confirmation of receipt does not yet constitute confirmation of acceptance of the mediation order.
2.3 The mutual rights and obligations of the customer and the travel agent result from the contractual agreements made in individual cases (in particular with regard to the type and scope of the brokerage order), these travel agency conditions and the statutory provisions of §§ 675, 631, insofar as this does not conflict with mandatory statutory provisions ff. BGB on paid business management.
2.4 For the rights and obligations of the customer towards the contractual partner of the brokered service, the agreements made with him apply exclusively, in particular - insofar as effectively agreed - his travel or business conditions.
3. General contractual obligations of the travel agent, Information, Instructions
3.1 The travel agent's contractual obligation to perform, in accordance with these terms and conditions, consists of taking the necessary actions to carry out the brokerage order in accordance with the customer's booking order and the corresponding advice, as well as processing the booking, in particular handing over the travel documents, insofar as these are not carried out according to the The agreements made with the travel company mediated in each case are sent directly to the customer.
3.2 The travel agent is entitled to deviate from the customer's booking specifications if he can assume under the circumstances that the customer would approve of the deviation. This only applies insofar as it is not possible for the travel agent to inform the customer of the deviation beforehand and to ask for his decision. The travel agent must inform the customer of any deviation from the booking specifications and await his instructions, unless the resulting delay jeopardizes the execution of the brokerage order that the customer has given unconditionally or makes it impossible.
3.3 When providing advice and information, the travel agent is liable within the framework of the law and the contractual agreements for the correct selection of the information source and the correct disclosure to the customer.
3.4 An information contract with a main contractual obligation to provide information only comes about with a corresponding express agreement.
3.5 According to § 676 BGB, the travel agent is not liable for the correctness of the information provided, unless a special information contract has been concluded.
3.6 Without an express agreement, the travel agent is not obliged to identify and/or offer the cheapest provider of the requested travel service.
4. Obligations of the travel agent regarding entry regulations, visas and insurance
4.1 The travel agent informs the customer about entry and visa regulations, insofar as he has been expressly given a corresponding order by the customer.
4.2 Otherwise, there is only a corresponding obligation to provide information if special circumstances known or recognizable to the travel agent require an explicit reference and the corresponding information (especially in the case of package tours) is not already contained in a travel brochure available to the customer.
4.3 In the event of an information obligation based on the above provisions, the travel agent can assume, without special notice or knowledge, that the customer and his fellow travelers are German citizens and that there are no special features (e.g. dual citizenship, statelessness) in their person.
4.4 Corresponding obligations of the travel agent to provide information are limited to the provision of information from or from suitable sources of information, in particular from current, industry-standard reference works or the passing on of information from foreign embassies, consulates or tourism offices.
4.5 A special investigation duty of the travel agent does not exist without express agreements in this regard. The travel agent can also fulfill his obligation to inform the customer that he needs to make his own special inquiries at the relevant information centers.
4.6 The above provisions apply accordingly with regard to information about customs regulations, health police entry regulations and preventive health measures for the customer and his fellow travelers.
4.7 The travel agent is obliged to inform the customer whether the travel services arranged by him include travel cancellation insurance.
4.8 There is no further obligation with regard to the scope, the coverage and the insurance conditions of travel insurance, unless otherwise expressly agreed in this regard. Insofar as the object of the mediation is travel insurance, the travel agent is not obliged to provide information, in particular insofar as the customer can obtain information about the insurance conditions from the documents provided or available by the provider of the mediated travel service or the insurance documents.
4.9 The travel agent is not obliged to obtain visas or other documents required for the execution of the trip without a special, express agreement. If such an order is accepted, the travel agent can demand reimbursement of the expenses incurred, in particular for telecommunications costs and - in urgent cases - the costs of messenger services or relevant service companies without a special agreement. The travel agent can demand remuneration for the activity itself if this has been agreed or if the activity was only owed in return for appropriate remuneration.
4.10 The travel agent is not liable for the issuance of visas and other documents and for timely access, unless the circumstances relevant to non-issuance or delayed access were culpably caused or partly caused by the travel agent.
5. Position and obligations of the travel agent in connection with the brokerage of tickets for certain scheduled airlines
5.1 The following provisions only apply to the brokerage of flights of certain airlines that have been designated by the travel agent in general, in particular by posting them on his business premises or in some other way before or when accepting the brokerage order.
5.2 The travel agent is connected to the airlines mentioned on the basis of special contractual agreements and the statutory provisions within the framework of an agency relationship.
5.3 However, the travel agent acts towards the customer exclusively as an agent of an air transport contract between the customer and the respective airline. As part of this double position, he must therefore observe contractual and legal provisions both for the customer and for the airline.
5.4 The travel agent has no obligation to perform or liability with regard to the arranged flight service. Any liability of the travel agent resulting from a culpable breach of his duties as a travel agent remains unaffected.
5.5 The prices quoted and invoiced are gross final prices (unless otherwise expressly agreed with regard to taxes and airport fees) and include a remuneration calculated by the travel agent for his work for the customer. In the event of a rebooking, a change of name, withdrawal or non-use, the travel agent can collect the fees required by the airline for this and also demand a processing fee agreed in individual cases or by notice.
5.6 The travel agent is commissioned by the airline to collect the fare and other fees to be claimed from the airline and is liable to the airline for payment. Any payment made by the airline to the travel agent for this collection activity has no influence on the price to be paid by the customer.
5.7 The travel agent can assert claims of the airline in its own name both in and out of court.
5.8 The contractual relationship between the customer and the airline is subject to the statutory provisions of the German Air Traffic Act for domestic flights and – insofar as they apply to the flight in question – the provisions of the Montreal Convention apply directly, like domestic statutory provisions. In addition, the General Conditions of Carriage of the respective airline apply, insofar as they have been effectively agreed.
6. Reimbursement of expenses, remuneration, debt collection, payments
6.1 The travel agent is entitled to demand down payments in accordance with the travel and payment regulations of the brokered company, insofar as these have been effectively agreed and contain legally effective down payment regulations. The travel agent can collect further advance payments in compliance with the legal provisions, in particular § 651 k BGB (obligation to secure customer money for package tours), if an express agreement has been made in this respect.
6.2 Insofar as it complies with the requirements of the mediated travel company towards the travel agent, in particular the agency contract between the travel company and the travel agent, in a legal manner, the travel agent is entitled, but not obliged, to disburse the price of the mediated service in whole or in part for the customer. In the case of package tours, this is subject to the delivery of a valid security certificate in accordance with Section 651k of the German Civil Code.
6.3 The provision in Section 5.2 applies accordingly to cancellation costs (withdrawal compensation) and other legal or contractual claims of the mediated travel company.
6.4 The travel agent can demand reimbursement of the expenses incurred for the mediation, insofar as this has been agreed or he could consider these to be necessary under the circumstances.
6.5 The travel agent's claim for reimbursement of expenses also includes payments to the mediated travel company for the travel price or other payments, insofar as these have been made in accordance with the above provisions in Sections 5.2 and 5.3.
6.6 A claim for reimbursement of expenses by the travel agent cannot be countered by the customer with claims against the mediated travel company, in particular due to defective fulfillment of the mediated contract, by way of retention or offsetting, unless such claims are caused by a culpable breach of contractual obligations by the travel agent or has become contributory or the travel agent is liable to the travel customer for the counterclaims asserted for other reasons.
7. Independent compensation claims of the travel agent
Independent compensation claims of the travel agent against the customer require a corresponding agreement, which can also be made by clearly visible posting of price lists in the business premises of the travel agent and a corresponding verbal or written reference to this by the travel agent.
8. Travel Documents
8.1 Both the customer and the travel agent are obliged to check the correctness and completeness of the contract and travel documents of the mediated travel company that were given to the customer by the travel agent, in particular booking confirmations, flight tickets, hotel vouchers, visas, insurance policies and other travel documents, in particular the To check compliance with the booking and the mediation order.
8.2 The customer is obliged to inform the travel agent immediately of any errors, discrepancies, missing documents or other discrepancies that the customer can identify. If the customer does not comply with this obligation, the travel agent's obligation to pay compensation for damage incurred by the customer as a result may be limited or completely excluded in accordance with the statutory provisions on the obligation to mitigate damages (§ 254 BGB). The travel agent is not obliged to pay compensation if the circumstances described in 8.1 were not recognizable to him.
9. Obligations of the travel agent in the event of customer complaints against the mediated travel company
9.1 In the event of complaints or other assertion of claims against the mediated company, the obligation of the travel agent is limited to providing all information and documents that are important for the customer, in particular the notification of the names and addresses of the booked companies.
9.2 The travel agent is not obliged to accept and/or forward corresponding declarations or documents. If the travel agent takes over the forwarding of letters of claim from the customer that meet the deadline, he is only liable for timely access to the recipient if he missed the deadline intentionally or through gross negligence.
9.3 With regard to any claims of the customer against the mediated travel company, there is also no obligation on the part of the travel agent to advise on the type, scope, amount, entitlement requirements and deadlines to be observed or other legal provisions.
10. Liability of the travel agent
10.1 Insofar as the travel agent has not assumed a corresponding contractual obligation by means of an express agreement with the customer, he is not liable for the conclusion of contracts with the travel company to be mediated that correspond to the booking request of the customer.
10.2 Without an express agreement or assurance in this regard, the travel agent is not liable for defects in the provision of services and personal injury or property damage that the customer incurs in connection with the arranged travel service. This does not apply to the mediation of several main tourist services (corresponding to the legal concept of a package tour) if the travel agent justifies the appearance of providing the intended travel services on his own responsibility in accordance with Section 651a Paragraph 2 of the German Civil Code.
10.3 Any liability of the travel agent from the culpable breach of agent obligations remains unaffected by the above provisions.
10.4 The liability of the travel agent is limited to intent and gross negligence, insofar as any breach of duty by the travel agent does not affect the main contractual obligations of the travel agent or claims by the customer for bodily injury.
11. Exclusion period for the assertion of claims by the customer against the travel agent
11.1 The customer must assert claims for non-contractual fulfillment of the advisory and/or mediation service of the travel agent within one month. Written form is expressly recommended for this purpose.
11.2 The period begins with the contractually stipulated end of the mediated travel services (in the case of several, immediately following one another, the last), but not earlier than at the point at which the customer becomes aware of the circumstances justifying the claims against the travel agent.
11.3 The deadline is not met by asserting claims against the travel company that had to provide or have provided the mediated travel service.
11.4 The assertion of claims by the customer is not excluded if this was not the case through no fault of their own.
12. Third-party content, Disclaimer
When implementing this website, onlineweg.de or its partner offices rely on content provided by third parties, in particular service providers and tour operators (“third-party content”). Since it is not possible for onlineweg.de or its partner offices to verify this third-party content, no guarantee is given for its correctness. This exclusion applies in particular to product descriptions and database entries.
The content of all websites linked by onlineweg.de or its partner offices has been checked by onlineweg.de or its partner offices. To the knowledge of onlineweg.de or its partner offices, these do not contain any illegal, morally questionable or defamatory content. Since onlineweg.de or its partner offices cannot constantly check new content, onlineweg.de or its partner offices hereby expressly distance themselves from all subsequently changed or supplemented content of the linked pages.
13. Security
Thanks to the powerful encryption technologies SSL (Secure Sockets Layer) and TLS (Transport Layer Security), all your transactions are protected. SSL and TLS encrypt credit card numbers, address data, telephone numbers, etc. before they are sent over the Internet. Your payment-relevant data (credit card number, bank details) will be deleted after your booking has been processed and will not be stored in our databases.
14. Statute of limitations
14.1 Customer claims against the travel agent, for whatever legal reason - but with the exception of customer claims from tort - expire in one year.
14.2 The statute of limitations begins at the end of the year in which the claim arose and the customer became aware of the circumstances that justify the claim against the travel agent and he himself as the opponent of the claim became aware or should have become aware of them without gross negligence.
14.3 If negotiations are pending between the customer and the travel agent about asserted claims or the circumstances justifying the claim, the statute of limitations is suspended until the customer or the travel agent refuses to continue the negotiations. The statute of limitations of one year occurs at the earliest 3 months after the end of the suspension.
15. Choice of Law and Place of Jurisdiction
15.1 German law applies exclusively to the entire legal and contractual relationship between the customer and the travel agent.
15.2 The customer can only sue the travel agent at his registered office.
15.3 The place of residence of the customer is decisive for complaints by the travel agent against the customer. For lawsuits against customers who are merchants, legal entities under public or private law or persons who have their domicile or habitual abode abroad or whose domicile or habitual abode is not known at the time the complaint is filed, the place of jurisdiction is the registered office of the travel agent.
15.4 The above provisions do not apply,
a) if and to the extent that something else in favor of the customer results from contractually non-mandatory provisions of international agreements that are to be applied to the travel agency contract between the customer and the travel agent, or
b) if and insofar as non-mandatory provisions applicable to the travel agency contract in the EU member state to which the customer belongs are more favorable for the customer than the above provisions or the corresponding German regulations.
15. Final Provisions
Should a provision of these General Terms and Conditions of Business and Agents be or become invalid, the validity of the remaining provisions shall remain unaffected.
