Terms as travel intermediary


Terms and conditions


Dear traveler,

The following regulations shall apply to all legal transactions between ABC Travel Service e. K (hereinafter referred to as travel agent) and you, the passenger (hereinafter referred to as customer).
The regulations complement and fulfill legal standards. Please gather the terms and conditions for individual or travel services from the service description of the particular tour operator or service provider that was handed to you with the confirmation.


Content

1. Terms and Conclusion of the Contract

2. General Contractual Obligations as a Travel Agent

3. Intermediation Specifics of Air Travel Contracts

4. Reimbursement of Expenses, Collection, Payment

5. Alterations in Service or Prices

6. Change of Reservation, Withdrawal, Cancellation

7. Right of Withdrawal

8. Disclosure of Entry Regulations, Visa and Insurances

9. Liability as travel intermediary (travel agent)

10. Prohibition of Assignment

11. Privacy Protection, Website Utilization

12. Choice of Law and Jurisdiction

 

1. Conclusion and Terms of the Contract

1.1. The customer enters a binding contract with a booking. The booking can be done written, via email, verbally or by telephone. The conclusion of the contract will only be done with a written or emailed confirmation by the travel agent.

1.2. The order can be placed online via the website www.abctravel.de. An electronic confirmation of receipt occurs immediately with a tentative reservation.

1.3. You can cancel or interrupt the online booking process at any time to correct any errors you make. By clicking on the button "charge booking" you lock into a contract with ABC Travel Service for the mediation of travel services. The customer will also ensure that all participants will adhere to the contractual obligations and rights. The customer owes the total price of the reservation.

1.4. The acceptance of the contract will follow after transfer of the needed information is completed and by confirmation of the requested services through the customer or the service provider in the form of a bill, as a PDF attachment in the confirmation E-mail; or printed out in paper form via mail.

1.5. After receiving the confirmation, the customer is obligated to immediately look over the documents and make corrections if needed. Please note separate changing conditions in arranging plane tickets step 3.

1.6. Until the booking order is accepted, the customer is bound to the contract with the travel agent, up to a maximum of 10 days from the filing date.

1.7. Taking advantage of an obvious false price or finalizing a reservation under fraudulent intent, or every reservation made with the expectation of an increased demand is prohibited without restriction. The possibilities of making travel arrangements through the ABC Travel website may only be used to make rightful bookings for the arranging customer or another person.

1.8. Exclusively the (travel) terms and conditions are valid for the rights and responsibilities of the customer in respect to the service provider/operator of the travel arrangements. These can clearly be found and fully understood on the website or in the E-mail offer.


2. General Contractual Obligations as a Travel Agent

2.1. The contractual liability of the Travel Agency is to carry out the necessary actions for the execution of the travel order, following the booking request by the customer and the appropriate consultation, the processing and booking, as well as the delivery of the travel documents, as long as they are not delivered directly by the respective service provider according to agreed terms.

2.2. The travel agent has to inform the customer of any changes to the original reservation, and to wait for acceptance; unless the time delay caused by this would prevent the implementation of the travel arrangement.

2.3. The extent of the contractual services as well as the amount of the compensation arise from the service description of the particular offer, as well as from the information in the confirmation. If there are discrepancies between the information in the offer and the confirmation, the information in the confirmation is considered to be valid.

2.4. When providing information and instructions to the customer, the travel agent is liable by law and contractual agreements for the accuracy of the information source, as well as disclosure to the customer.

2.5. The rendering of travel services as such is not part of the travel agent contract.


3. Intermediation Specifics of Air Travel Contracts

3.1. ABC Travel Service is the agent of flights for all IATA airlines in Germany and the USA, and is bound by specific/special contracts. The low-cost and charter flights are flight passages that are obtained at special rates and conditions. For these flights, the terms listed below apply:

3.2. Airlines that are found on the "Blacklist" will not be sold. These airlines are subject to an EU operating ban and can be viewed in their entirety here: http://air-ban.europa.eu

3.3. The personal information in the flight documents and the travel confirmation must match the information in the travel documents.

3.4. An entitlement for transport exists only for provided names on the ticket and flights. Only the airlines listed in the flight documents may be used.

3.5. For each flight (each individual leg), the customer must be confirmed with the airline no later than 72 hours prior to the planned departure time; or check online whether the flight times have changed, otherwise there is no entitlement to transportation. ABC Travel Service strongly recommends reconfirming, especially since the airlines have increased flight schedule changes since September 11, 2001.

3.6. In the event that an involuntary schedule change occurs, the customer has the option to refuse the change by withdrawing from the trip, or to find other adequate alternatives. The terms of each service provider apply. The travel agent will be assisting the customer.

3.7. The check-in times vary. The correct times for a specific flight can be checked on the web page of the operating airline. Keep in mind that it is determining when you are at the entrance of the departure terminal (gate) and not when you are the check-in desk. Check-in should be at least 120 minutes prior to departure. Especially for non-European flights, check-in starts significantly earlier, and the desk closes 45 minutes prior to departure. There are also waiting times at security. Showing up late to the gate is considered a "no-show". When a ticket is not used the airline regularly charges the fare in full. On the customer's request, ABC Travel Service can carry out a refund of taxes and airport fees for a service fee of EUR 60.00.

3.8. If a flight is considerably impeded, endangered, or impaired due to a greater force (political unrest, natural disaster), the service provider as well as the customer/client can cancel the contract. The cancellation by the service provider can occur through concluding behavior after the beginning of the trip. If the contract is cancelled, the service provider can request an adequate compensation for the already provided or still outstanding service. If the cancellation occurs after the beginning of the trip, the service provider is obligated to take the necessary measures, in particular, if the contract covers the return transportation of travelers, to do so. The additional costs for the return are to be shared between the parties equally. The rest of the additional costs are to be covered by the traveler/customer.

3.9. A refund for a ticket that was not completely used is not possible.

3.10. The baggage transportation conditions vary depending on the airline, route and fare. You can learn more about the allowable travel and checked luggage, special and excess baggage, notifications and other interesting facts around the topic of luggage on the web page of each airline. Please note: medication, keys, important documents, and valuables belong in the carry-on luggage. For certain countries, we recommend that the luggage should not be locked due to security services opening them. Violations can cause a disclaimer by the airline and operator in the event of damage. Baggage claim and loss of luggage are to be immediately reported to the chartered airline itself or it's handling agent at the airport of the destination, as well as filling out a claim report (P.I.R.) as proof. Any claim for damage/loss of baggage is excluded if the owner does not report the discovery immediately and for international travel no later than 21 days after delivery of the baggage. The notification must be made in writing, and sent within the above deadlines.

3.11. The age limits and/or the time when a person is considered an infant (without seat) or child (with seat) is classified differently by each airline. Find out applicable rules from the airline or one of our employees before you make your reservation. Toddlers starting at 6 weeks old are allowed to fly and travel on the lap of an adult passenger. They have no right to their own seat or free luggage. From the age of 2 to 11 years old children need a seat of their own (in many cases there is a discount for children). Children under the age of 14 will only be allowed to travel if they are accompanied by a person who will take responsibility for them and is at least 18 years old. Children and teenagers ages 16 and younger can only travel if the consent of their parents or guardians exists. In Spain and France children and adolescents less than 18 years of age must present a completed authorization from their legal guardian, to leave their home state. It is the responsibility of the passenger to carry the required documents. All airlines offer a special escort service for children traveling alone for a fee.

3.12. The conditions of travel for pregnant women vary from airline to airline. Please check directly with the relevant airline. Usually travel after the 28th week of pregnancy is denied; it is best to carry a certificate issued by your physician.


4. Reimbursement of Expenses, Collection, Payment

4.1. The travel agent is entitled to collect all booked or cancelled travel service payments. This always happens on behalf of the (travel) service provider. This order includes not only the extrajudicial terms, but if necessary, also the judicial enforcement.

4.2. Payment is due immediately after receiving the booking confirmation as long as individual travel services are not part of a package..

4.3. Payment must be made for all travel services provided, before any delivery of your travel documents can occur. Without prior payment of all services booked, the delivery of service documents, as well as the rendering of the service will be denied.

4.4. The payment terms of the respective service provider are decisive for package trips, cruises, and hotel bookings. It is separately specified in the booking confirmation by the service provider whether and to what extent a deposit is required and when it is due

4.5. If payments are still not made or not completely made after the term settlement, the respective service provider can withdraw from the contract. This also has validity if after the beginning of a trip there are any irregularities with the customer’s bank for credit card payments. In this case all issued documents/tickets can be declared invalid. Moreover, these processes are determined by the cancellation rules of the respective service providers.

4.6. If at the time of booking the following method is selected: credit card, the submitting of the credit card information is considered consent for the collection of the amounts agreed upon. Various credit cards that are not issued in Germany will only be accepted after previous written or by telephone given permission from the cardholder. All abuses in relation to credit card payments are filed in Black Lists.

4.7. If the agreed payment ends in a chargeback by the bank or credit card company through the fault of the debtor, the charge will be passed on to the obligated payer. This includes the cost of the bank or the credit card companies as well as the EURO 35.00 in fees per chargeback, to cover our time spent. A fee is also due for not covering the amount of the payments which were agreed upon.

4.8. Cancellation- , Service-, and Rebooking charges are due immediately.

4.9. For the booking through our website, a package trip or a cruise, there will be a one-time transaction fee of EUR 15.00 per reservation charged. For individual travel, in example, flight-only reservations, there will be a one-time transaction fee of EUR 23.00.

4.10. These transaction fees are not reimbursed when a cancellation occurs, unless the cancellation is done by fault of the travel agent.


5. Alterations in Service or Prices

5.1.Prior to the issuance of flight documents and contract conclusion, the travel agent is authorized on behalf of the airline to change the flight fare when the price components indicated below are increasing/reducing or arising new due to unpredictable circumstances, which are not substituted by travel agent:

  • Foreign currency exchange rates
  • Transportation fares and prices (especially when oil prices rise)
  • Government fees and taxes, such as airport or security charges
  • Additional insurance fees by the airlines

Flight documents are issued only after the approval of the customer.

5.2. The flight price includes almost all security-, airport- and other fees/taxes. Some airports charge additional "taxes/fees" which cannot be redeemed by the airlines with ticket issuance. These taxes/fees must be paid by the passenger directly on-site. Please keep in mind that these taxes/fees can not necessarily be paid by credit card. A binding disclosure about the effective taxes/fees for your trip cannot be made, since these taxes/fees can change daily.

5.3. The fare can be changed only to the referred part of the price. The travel agent is obligated to specify reasons and extent of the price change upon request by the customer.

5.4. The travel agent must inform the participant immediately or at least three weeks prior to departure if there is a possible price increase. If the travel price increases by more than 5%, the participant has the right to withdraw from the contract without any compensation payment. The withdrawal must be declared immediately.


6. Change of Reservation, Withdrawal, Cancellation

6.1. The withdrawal can be done by an explicit statement or by concluding behavior (e.g. non-compliance with payment obligations). The amount of the compensation depends on the booked travel service and the date of receipt of the written cancellation notice.

6.2. Each supplier or service provider has its own cancellation or changing conditions written down in their respective terms and conditions and these are valid. The date of reimbursement is determined by the service provider alone, when the amount is paid directly to the customer, or when the travel agent reimburses the amount directly after it’s received.

6.3. The traveler is entitled to prove the accruement of lesser damage. The service provider is entitled, in an individual case with evidence, to enforce a service charge that is higher than the damage caused by withdrawal.

6.4. The travel agent charges EUR 60,00 per ticket and per traveler for their own workload in addition to the Changing- and/or Cancellation fees of the particular service providers.

6.5. The change of a booked service can only be performed by withdrawal and subsequent conclusion of a new contract, unless the service provider has provided other regulations.

6.6. In case of cancellation and change of reservation the travel agents claim for replacement of incurred expenses and service fees withstands. For a new contract, a new claim for reimbursement of costs and commission is created, unless the travel agent or the service provider is responsible for the change.

6.7.Generally, as with all arranged travel services, the cancellation policy of the airline or the service provider applies when withdrawing from a low-cost or charter flight; however, the travel agent can claim a processing fee for the withdrawal, as well as for the lost mediation charge.

6.8. For changes to substitute passengers or any other changes, the travel agent charges a service fee of EUR 60.00 per change and per passenger, in addition to the fee of the respective service provider.


7. Right of Withdrawal

7.1. The travel agent indicates, that according to legal provisions of §§ 312 ff. BGB, there is no Right of Withdrawal for the services offered on the website; merely the legal cancellation and termination rights apply..

7.2. However, a Right of Withdrawal exists if the contract for travel services per § 651a BGB has been concluded away from business premises (i.e. at home) unless verbal negotiations on which the concluded contract is based upon have been conducted in forgone orders.


8. Disclosure of Entry Regulations, Visa and Insurances

8.1. The travel agent will inform the customer about entry and visa requirements without liability, in so far as it is instructed by the customer.

8.2. If any information on the above requirements is given, it is assumed that the participant/customer is a German citizen, unless another citizenship is obvious or is communicated by the customer. We expressly point out that there is the possibility of these requirements being modified by the authorities at any time. The customer is therefore encouraged to track the news media or to contact the embassy about possible requirement changes for their destination or transit country, to be able to adjust accordingly in time.

8.3. The customer is responsible for complying with these regulations. All disadvantages arising from non-compliance is at their own expense. We remind you that every customer is responsible for finding out about the allowed maximum length of stay abroad and then planning their trip accordingly. Please note: One cannot enter without a visa when staying above a certain length of time. People without valid entry documents will be excluded from travel, or will not be able to board a plane..

8.4. As a travel agent we highly recommend purchasing trip cancellation-, baggage-, travel accident-, travel liability-, and travel health insurance including an emergency flight from abroad; if not adequately protected yet. Our staff will gladly provide information on request.

8.5. An information obligation of the travel agent does not exist as the customer can educate themselves about the insured service through the accessible or delivered documents of the mediated operator’s insured service.


9. Liability as travel intermediary (travel agent)

9.1 We are liable for damages up to the amount of the price of the service arranged that occurred in connection with our intermediation, regardless of the legal foundation. We are only liable for any damages beyond these that occurred due to intent or gross negligence.

9.2. The travel agent is not liable for:

  • Immediate damage that occurs due to improper business, particularly due to delayed order processing or incorrect transmitting, unless the travel agent caused this damage intentionally or with gross negligence.
  • Service disruptions in connection with services which are merely mediated as third party services
  • Faulty data in our database
  • Indirect damages of any kind or loss of profit

9.3 Individual statements in respect to travel services contain information, which are provided by the respective operators/carriers/service providers. The travel agent has no way to verify this information on accuracy and therefore does not make any warranties or assurances to the customer concerning the accuracy, completeness, or topicality of such information. The same applies for all information contained on this website and is made available by third parties. The site is also regularly revised. The travel agent may, without notice, make improvements and/or changes to this website at any time.

9.4 The travel agent is not liable for the service performance by foreign service providers, but solely for the proper mediation of the travel service and the proper disclosure of the service provider’s information for the customer.

9.5 The delivery of the travel documents will be done by mail. In Germany, tickets are sent as an E-ticket by E-mail to the E-mail address specified at time of booking. For last minute bookings (from up to 7 days before departure) ABC Travel Service recommends using the Payment Web Service "Instant Transfer" to speed up the delivery. If the payment is not received in time, the travel agent assumes no liability for issuing the travel documents or for the costs for an express delivery.

9.6 In the event of complaints or other assertion of claims against the mediated service providers, the travel agent’s liability is limited to providing all of the information and documents that are relevant or significant to the customer, especially the notification of the names and addresses of the booked providers.

9.7 The travel agent is not obligated to the reception or forwarding of according declarations or documents. If the travel agent takes over the forwarding of the term-protected claims of the customer, the travel agent shall only be liable for the timely delivery to the recipient if the deadline was missed intentionally or due to gross negligence.

9.8 There is also no requirement of the travel agent to advise on the nature, scope, amount, eligibility requirements and deadlines to be observed or other legal regulations in regard to any claims by the customer against the service providing travel company



10. Prohibition of Assignment

10.1 An act of transfer of claims from the passenger against the travel agent to third parties, spouse or relative, is excluded. This applies to claims under and in connection with the mediation contract as well as from tortious act. The legal enforceability of the aforementioned claims of the participant by third parties in their own name is also inadmissible.


11. Privacy Protection, Website Utilization

11.1. It has no effect on the validity of the remaining travel conditions, if one of the mentioned travel conditions should be invalid or ineffective

11.2. This website is intended only for your personal but non-commercial use. You are not allowed to change, copy, distribute, broadcast, publish, license, derive work from, and/or surrender or sell information, software, products or services obtained from this website

11.3. You are only allowed to use the website and its services if you are in compliance with laws of the Federal Republic of Germany (Bundesrepublik Deutschland) and if you agree to follow these terms of use.

11.4. In case of improper use of our website as well as not paying or not complying to the commitment you entered into when finalizing a chargeable booking though our website, a transaction fee will be due additionally.

 

12. Choice of Law and Jurisdiction

12.1 The entire legal and contractual relationship between the customer and the travel agent shall be governed exclusively by German law. Place of Jurisdiction is Mannheim.

 

Dated 05/2015


Online dispute resolution

Information for online dispute resolution: http://ec.europa.eu/odr


ABC Travel Service takes part in the dispute resolution process of the German consumer dispute settlement body.
To contact the consumer dispute settlement body, please use the following contact information:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein
Germany

Telephone: +49 785179579 40
Fax: +49 7851 79579 41
Web: www.verbraucher-schlichter.de


Note: This is a translation of the original German version, only the original version is the legally valid one.