Terms and Conditions

A. General brokerage conditions
1. Scope
2. Conclusion of contract and legal provisions
3. Content of contract
4. Inclusion of general terms and conditions of tour operators and other service providers
5. Notification of defects
6. Withdrawal/rebooking and cancellation of the brokered (travel) contract
7. Payments and debt collection
8. Service fees
9. Insurance
10. Your duty to cooperate as a customer
11. Liability
12. Dispute settlement procedure before a consumer arbitration board
B. Special brokerage conditions for package tours
1. Payments
2. Notification of defects
C. Special brokerage conditions for linked travel services
1. Payments
2. Service fees
D. Special brokerage conditions for individual flight services; also as part of a linked travel service
1. Service fees
2. Issuance and dispatch of flight tickets
3. Identity of the airline
4. Other legal provisions

 

Preliminary remark

Dear customers,
we are happy to book your holiday for you, the best time of the year. We are happy to arrange a package holiday from a tour operator or just hotel accommodation or a single flight or a combination.
Please note that we only act as an agent for each booking and the contract(s) are concluded between you and the tour operator (for a package holiday) or the individual service provider (for an individual service or for combined travel services). The travel, accommodation, rental or transport conditions of your contractual partners that you are familiar with apply.
Please also pay attention to the following explanations of important terms that are used regularly:

 

Tour operatoris someone who offers – at least – two different travel services determined in advance as a whole (§ 651a BGB), for example hotel and flight in a predetermined bundle. The contractual partners are you as the traveler and the tour operator of the trip you have booked.
Intermediaryis the person who arranges the travel services between the traveler and the tour operator or service provider of the trip (§§ 675, 631 BGB). We are the agent.
Top performersrefers to the person who provides an individual tourist service, e.g. the hotel, the airline, the car rental company, etc.
Travel contract lawis the consumer protection law according to § 651a ff. BGB when initiating and carrying out a (package) trip. It regulates the relationship between you as a traveler and the tour operator or the individual service provider of an individual service.
Related travel servicesoccur when you book two different travel services for the same trip through us as an agent, but separate contracts are created with the respective service providers, either when you contact us as an agent or by concluding a contract within 24 hours through targeted arrangement of the second service by us as a travel agent.
Individual performanceis a single tourist service, such as a hotel, a rental car or a flight, which was arranged by us as an agent and for which a contract is concluded with the service provider.

 

The following general and special brokerage terms and conditions apply to our brokerage services within the framework of the brokerage of
• package tours,
• combined travel services
• and individual services.

 

A. General terms and conditions of brokerage
1. Scope of application
These general terms and conditions of brokerage apply exclusively if we act as an agent for package tours, linked travel services or individual services. Our contractual obligation is then limited to the brokerage of the offered and existing package tours, linked travel services or individual services in accordance with these terms and conditions of brokerage and the statutory provisions.
2. Conclusion of contract and statutory provisions
2.1. You can commission us to broker you a package tour, linked travel services or other individual service provided by a third party provider. You are bound by the brokerage order you give us. In order to give us such an order, you must be at least 18 years old at the time of the order.
2.2. When we as an agent accept your brokerage order, a contract for the brokerage of (travel) services in the form of a package tour, linked travel service or individual service is concluded between you and us.
2.3. The order and acceptance do not require any specific form. If you give us the order electronically (e.g. by email or via our website), we will immediately confirm receipt of the order electronically (“confirmation of receipt”). The confirmation of receipt does not constitute confirmation of acceptance of the brokerage order.
2.4. The mutual rights and obligations arise, unless mandatory statutory provisions conflict with this, from the contractual agreements made in the individual case, these brokerage conditions and the statutory provisions, in particular Sections 675, 631 ff. BGB and Sections 651a ff. BGB in conjunction with Art. 250 ff. EGBGB, insofar as these apply to the brokerage order.
3. Contract content
3.1. In accordance with these brokerage conditions, we accept the brokerage order and, at your request, submit the booking request to the respective tour operator or service provider.
3.2. Without an express agreement, we are not obliged to identify and/or offer the cheapest provider of the requested travel service.
3.3. Unless there is an express agreement with you, we as a travel agent do not provide any guarantee within the meaning of Section 276 Paragraph 1 Sentence 1 of the German Civil Code (BGB) with regard to information on prices, services, booking conditions and other circumstances of the travel service, and we do not provide any procurement guarantee within the meaning of this provision with regard to information on the availability of the services to be arranged.
3.4. We only accept special requests for your booked (travel) services in the form of a package tour, combined travel service or individual service for forwarding to the tour operator or service provider. Unless expressly agreed otherwise, we are not responsible for fulfilling such special requests. Nor are they a condition or contractual basis for the brokerage order or for the booking declaration by you as the customer that we have to send to the tour operator or service provider. Please note that special requests usually only become part of the contractual obligations of the organizer or service provider if they are expressly confirmed by the organizer or service provider.
4. Inclusion of general terms and conditions of the tour operator and other service providers
4.1. The contractual conditions agreed there and the general terms and conditions of the respective organizer or service provider apply to the contractual relationship between you and the tour operator or service provider. These general terms and conditions are named and made available in the individual service advertisements. They can, for example, include: B. Payment conditions, provisions on due dates, liability, cancellation, rebooking and repayment as well as other rights and obligations must be regulated.
4.2. You undertake to inform yourself about the exact content of the applicable contract conditions and general terms and conditions (GTC) in the information sources offered, in particular if these are offered by reproduction on the website. You cannot invoke ignorance of contract conditions and general terms and conditions made available to you in a reasonable manner in this way.
4.3. Unless a special agreement or special reference is made, the general terms and conditions of carriage and tariff provisions (“GTC”) issued on a legal basis by the responsible transport authority or on the basis of international agreements apply to transport services.
5. Notification of defects
5.1. With regard to your notification of defects in the package tour arranged by us, we refer to our special brokerage conditions for package tours under Section C.2 of these conditions.
5.2. Defects in our brokerage service must be reported to us immediately. We must be given the opportunity to remedy the situation. If this notification is negligently omitted, any claims of the customer arising from the brokerage contract will be void, provided that a reasonable remedy by us would have been possible. Claims arising from tortious liability remain unaffected.
6. Withdrawal/rebooking and cancellation of the brokered (travel) contract
6.1. Withdrawal, rebooking and cancellation and liability are governed by the contractual terms of the respective organizer/provider and by the statutory provisions.
6.2. Withdrawal/rebooking and/or cancellation must be declared to the respective service provider. However, you can also instruct us to send the corresponding declaration. You are obliged to declare any request for rebooking and/or cancellation in writing. We cannot arrange for the rebooking or cancellation of a booked trip before we receive your written request. A cancellation or rebooking declared by telephone or verbally is only possible if this is provided for in the contractual terms of the relevant service provider. Rebookings and/or cancellations made by telephone will be confirmed by us by email afterwards. You are obliged to inform us immediately of any discrepancies that arise in this context.
6.3. As a rule, we do not charge our own service fees or processing fees for withdrawal/rebooking and/or cancellation. If we charge service fees or processing fees, we will inform you of this before booking. Generally excluded from this is the withdrawal / rebooking and / or cancellation of air transport services not booked in connection with a package tour (“flight-only booking”). In this case we may charge our own service fees or processing fees (see Section D of these General Terms and Conditions)
7. Payments and collection
7.1. If we invoice (travel) services in the form of a package tour, associated travel service or individual service and collect payments in this regard, this is done in the name and on behalf of the respective tour operator or service provider. Our rights to collect service fees to which we are entitled remain unaffected.
7.2. The payment deadlines and other payment conditions are based on the provisions of the respective tour operator or service provider.
7.3. We reserve the right to pass on any chargeback fees for credit card payments or direct debits to you.
7.4. In addition, we refer you to
• Section B for payments when arranging package tours;
• Section C for payments when arranging associated travel services;
• for payment when arranging individual flight services, see section D.
8. Service fees
8.1. We would like to point out that we charge a separate service fee for individual agency services.
8.2. With regard to any service fees we may charge
• when arranging package tours, we would like to point out the special agency conditions under section B.
• when arranging combined travel services, we refer to the special brokerage terms and conditions under section C;
• when arranging pure individual flight services, we refer to the special brokerage terms and conditions under section D.
9. Insurance
9.1. We point out the possibility and necessity of taking out suitable insurance, in particular
• travel cancellation insurance and/or insurance to cover repatriation costs in the event of accident or illness,
• travel baggage insurance,
• foreign health insurance or
• trip cancellation insurance.
9.2. It is solely your responsibility as the customer to check the necessity of taking out and the suitability of one of the aforementioned or other insurance policies.
10. Your duty to cooperate as a customer
10.1. You are obliged to check the contract and travel documents of the tour operator or service provider we have provided to you, in particular booking and travel confirmations, flight tickets, hotel vouchers, visas, insurance certificates and other travel documents, for accuracy and completeness, and in particular for compliance with the booking and the brokerage order.
10.2. You must inform us immediately of any obvious errors, deviations, missing documents or other discrepancies. If you fail to comply with this obligation, our obligation to pay compensation for any damage caused to you as a result may be limited or completely excluded in accordance with the statutory provisions on the obligation to mitigate damages (Section 254 of the German Civil Code).
11. Liability
11.1. We are not liable for the provision of the arranged (travel) service in the form of a package tour, combined travel service or individual service, but only for the fact that the arrangement of such a (travel) service in the form of a package tour, combined travel service or individual service is carried out with the necessary care.
11.2. The individual details of the (travel) services in the form of a package tour, combined travel service or individual service are based on the information provided by the tour operator or service provider. This does not constitute a guarantee on our part. All (travel) services presented by us in the form of a package tour, combined travel service or individual service are only available to a limited extent. We are not liable for the availability of a service at the time of booking. This does not apply if we were aware of incorrect or faulty information or if we should have been aware of it when exercising due care in the trade and industry. In this respect, our liability for having to be aware of such circumstances is limited to cases of intent or gross negligence.
11.3. When providing advice and information within the framework of the law, we are liable for the careful selection of the source of information and the correct forwarding to the customer. There is no liability for the accuracy of the information provided in accordance with Section 676 of the German Civil Code (BGB). This does not apply if a special information contract has been concluded or there is an express legal obligation to provide information.
11.4. Any liability we may have as a travel agent under Section 651x of the German Civil Code (BGB) or the culpable violation of travel agent obligations remains unaffected by the above provisions
. 11.5. We are not liable for the loss, destruction or damage to documents in connection with the dispatch for reasons beyond our control.
12. Dispute settlement proceedings before a consumer arbitration board
12.1. 1.1. We are not obliged to participate in dispute settlement proceedings before a consumer arbitration board and do not participate in dispute settlement proceedings before a consumer arbitration board.
12.2. For all contracts for package tours or individual services concluded electronically, we refer to the European online dispute resolution platform.

B. Special terms and conditions for package tours
1. Service fees
If we arrange a package tour for you, we do not charge a service fee for arranging services that are part of the package tour. According to section 6.3, this also applies to withdrawal/rebooking and/or cancellation of a package tour. If the services are not part of the package tour (e.g. seat reservation, booking of additional luggage, obtaining visas, etc.), you commission us as part of an agency contract to advise you on these services and to arrange them for you. In some cases, we charge service fees for this. The service fee is to be paid in addition to the service provider’s claims and is due immediately. You will be informed of this separately before booking the service. With regard to the collection of service fees for combined travel services and bookings of flights only, we refer to sections C and D.
2. Payments
If we arrange a package holiday for you, we may only request or accept payments from you as a traveller if the tour operator has an effective customer money protection contract and the security certificate with the name and contact details of the customer money insurer has been given to you in a clear, understandable and highlighted manner.
3. Notifications of defects
We are deemed to be authorised by the tour operator to accept notifications of defects and other declarations from you as a traveller regarding the provision of the package holiday. We will inform the tour operator immediately of such declarations. In order to avoid loss of time despite immediate forwarding, we recommend that you make corresponding declarations directly to the tour guide or the tour operator’s contact point.

C. Special brokerage terms and conditions for linked travel services
1. Payments
1.1. If we broker linked travel services for you, we may only request and accept payments from you as the traveler if we have ensured that these will be reimbursed to you as the traveler, provided that travel services are to be provided by us ourselves or payment claims from brokered service providers still have to be met and in the event of our insolvency of linked travel services or you comply with payment requests from unsatisfied brokered service providers with regard to travel services provided.
1.2. When arranging linked travel services, we provide this security by taking out insolvency insurance in accordance with Section 651w Paragraph 3 of the German Civil Code (BGB), stating the name and contact details of the customer money insurer in a clear, comprehensible and prominent manner and handing over a corresponding security certificate for all your payments to us, provided that you do not pay directly to the brokered service provider of the linked travel service.
2. Service fees
2.1. You commission us as part of a business management contract to advise you on the services of the service providers of the associated travel services and to arrange these for you. In some cases, we charge service fees for this. The service fee is to be paid in addition to the service provider’s claims and is due immediately.
2.2. If we do not inform you of the amount of the service fee before booking the service provider’s services by posting it in our business premises or expressly stating it on our website or in any other way before booking, the usual fee is deemed to be owed.

D. Special brokerage conditions for arranged individual flight services; also as part of a combined travel service
1. Service fees
1.1. You commission us as part of a business management contract to advise you on the services of the airline and to arrange these for you. In some cases we charge service fees for this. The service fee is to be paid in addition to the service provider’s claims and is due immediately. The service fee will not be refunded in the event of cancellation or non-performance (e.g. annulment) of the arranged service, unless the non-performance is due to an error on our part as the travel agent.
1.2. If we do not inform you of the amount of the service fee before booking the service provider’s services by posting a notice in our business premises or expressly stating it on our website or in any other way before booking, the usual fee is deemed to be owed.
2. Issuing and dispatch of flight tickets
2.1. 1.1. Your flight tickets will generally be issued to you no later than 14 days before departure and delivered or handed over according to the selected shipping method. This only applies if the airline in question has not specified any other issuing deadlines. We can also issue flight tickets earlier at your request, although please note that in the event of a cancellation or a request for rebooking by the provider, cancellation/rebooking fees of up to 100% of the flight price may be incurred from the time of issue.
2.2. If the airline offers an electronic ticket (“e-ticket”) instead of a paper ticket, an electronic booking code is usually sent in text form (usually by email). You must present this at check-in together with an identification document (identity card or passport).
3. Identity of the airline
3.1. 1.1. In accordance with EU Regulation No. 2111/2005 on the compilation of a Community list of air carriers, the agent is obliged to inform the passenger of the identity of the operating airline when booking. If the operating airline is not yet known at the time of booking, the agent will provide the customer with the information available from the agent company about the airline that is likely to operate the flight. If the airline changes, the customer will be informed of the change immediately.
3.2. The Community list of airlines banned from flying in the European Union can be accessed on the websites http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de and can be provided to the customer on request at the agent’s premises.
4. Other statutory provisions
4.1. The contractual relationship between you and the airline we arrange is subject to the statutory provisions of the German Air Transport Act, the Warsaw and Montreal Conventions and, as far as applicable, to domestic statutory provisions,
• Regulation (EC) No. 261/2004 on air passenger rights
• Regulation (EC) No. 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing passengers of the identity of the operating air carrier
• Regulation (EC) No. 1107/2006 of the European Parliament and of the Council on the rights of disabled air passengers and air passengers with reduced mobility
4.2. We recommend that you inform yourself about your rights as a passenger, e.g. by reading the notices at airports, by reading the information provided by the operating air carrier or by reading the information sheets of the Federal Aviation Office at www.lba.de

Contractual partner

Leisure Biz GmbH

Hamburger Strasse 45
D 22083 Hamburg

Tel.: 040 23938993
Fax: 040 23938995
E-Mail: reisen@getkom.de

Managing Director: Randi Cramm

Register court: Kiel
Register number: HRB 22258
VAT identification number: DE278364470

 

 

According to Section 37 VSBG, we are obliged to inform you that dispute resolution bodies have been set up for disputes between consumers and companies. We do not currently participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so. You can contact these bodies, but participation is voluntary for both parties.

General consumer arbitration board:
Center for Arbitration eV | Straßburger Str. 8 77694 Kehl | info@meinegriechenlandreise.de

We broker travel insurance as a license-free annex agent in accordance with Section 34d Paragraph 8 No. 1 of the Trade Regulations (GewO).
Complaints office for disputes with insurance brokers:
Insurance Ombudsman eV | PO Box 08 06 32 | 10006 Berlin |https://meinegriechenlandreise.de/

Online dispute resolution in accordance with Art. 14 Para. 1 ODR Regulation:
The European Commission provides a platform for online dispute resolution (ODR platform).

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