The agency terms and conditions and travel terms and conditions have been translated into English for information only. The German version is legally binding.
Terms for the distribution of package holidays, flights and
other travel services of the travel agent BOSAinfo.com
The following conditions shall exclusively govern the contractual relationship between you as a customer and the travel agent as an agent of the travel services. They complement the then applicable statutory provisions of §§ 675, 631 et seq. BGB, filling it out.
With the completion of the booking process, the customer instructed the travel agent, a transport service or other, with the implementation of a travel-related service that is rendered by a third travel providers to mediate. The customer is bound to the booking order.
A contractual relationship with the tour operator and the individual service providers (for example, airline, hotel, etc.) Separately, when booking arise, which is not regulated in terms of the travel agent.
The travel agent has all the customer expressly states that the travel contract does not come with the travel agent, but always with the tour operator or service provider indicated in each case taking into account the terms and conditions of the respective tour operator about. Their Terms are displayed before the booking and must be confirmed by the customer.
To make a booking, the customer must be at least 18 years and must not be restricted in his legal capacity.
§ 2 Subject matter and conclusion of contract
2.1 Subject of this contract is to provide a contract between the customer and the respective tour operators on the listed in booking travel services by travel agents.
2.2 The performance of the booked service as such is not part of the duties of the travel agent. If the reservation is a contract for the travel service directly between the customer and the tour operator is established. This contract is based on the general terms and conditions of the organizer. The contract process takes place exclusively between the respective organizer and the customer. Shortcomings of the travel service, the customer must show the respective organizer opposite.
2.3 By sending the reservation for the customer to the travel agent, the customer accepts the terms and conditions by us and assured that you have read and understood this. The customer agrees with the described in these terms and conditions of use of its data.
2.4 Upon acceptance of the mediation order by the travel agent, that is, with the sending of the corresponding confirmation email to the customer, this is bound to the booking order. At this time, a binding mediation contract between the customer and the travel agent has come about.
2.5 The acceptance of the mediation order may in writing, orally, by telephone, by fax, online or via email. If the order is issued by a person other than the customer, the customer is liable in addition to this person for the performance of the obligations of the registered persons.
2.6 The confirmation e-mail about the acceptance of the mediation order must be distinguished from the booking confirmation. Upon confirmation of booking the travel agent merely confirms the proper channeling of given by the customer in order booking to the respective organizers. The confirmation of the reservation does not mean that already a contract for the booked travel service with the organizer is concluded.
§3 Travel price and reimbursement of expenses, offsetting
3.1 The travel agent is entitled to demand advance payments based on the travel and payment provisions of arranged service providers, insofar as they contain appropriate payment provisions. For package tours payments levied § 651k BGB only in compliance with the statutory requirements for the Client’s money insurance according to § 651k BGB.
3.2 The travel agent is entitled, but not obliged to incur by the customer to be paid to the service provider payments on the travel and transport price is fully or partially for this, as far as this in the context of the implementation of the booking contract and the achievement of the performance order for the alleged keeps the customer will be necessary.
3.3 In the case of withdrawal from the travel or transport contract (cancellation) of the travel agent can claim for the customer already where incurred or to be verauslagende expenses (cancellation fees) against the service provider by the customer. This reimbursement of expenses can amount to the full price of the travel service; it is directed otherwise by the general terms and conditions of the respective service provider. The travel agent is not obliged to reason and amount of information released in this way to the customer compensation for cancellation and cancellation costs to consider. It remains the customer to the service provider reserves the right to provide proof that no or significantly less damage than the specified by the service provider cancellation fee is incurred.
3.4 Price changes of the service provider can not be influenced. We are entitled to have occurred tariff changes and permitted subsequent demands on you to pass if we are burdened with corresponding expenses on the part of service providers.
3.5 Expenses incurred by the travel agent in accordance with the above paragraphs 3.1 to 3.4, the travel agent can demand compensation without explicit agreement by the customer from the statutory legal basis of reimbursement of expenses.
3.6 The indemnity the customer can not claim against the arranged service providers, in particular due to improper performance of the mediated travel or transport contract countered, either by way of retention, even by offsetting. This does not apply if the travel agent has the emergence of such claims caused by or through culpable violation of our own contractual obligations or towards the customer for other reasons liable for the counterclaims asserted.
§4 Agency fee, remuneration of the agent
For the switching power of the travel agent no separate fees are calculated, since they are included in a rule in the price of the mediated travel service already. We are only entitled to demand separate compensation from you for our services unless this has been agreed. Such compensation agreement can also be taken by an appropriate oral or written notice on our part thereto.
§5 Prices and services
With respect to possible changes in the price of the booked travel service and any changes to the service booked, the travel agent refers to the terms and conditions of the respective operator. Is it at the booked travel services to a scheduled flight, are in addition the respective carriage and tariff regulations of the airline. These can be viewed on request in their offices. In addition to this, the internationally applicable provisions of the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention) apply.
§6 Booking confirmation and travel documents
6.1 The customer is obliged to check the duty contract and travel documents which have been made available to him, in particular booking confirmations, tickets, hotel vouchers, Visa, insurance policies and other travel documents for accuracy and completeness, taking particular regard to ensuring that the designated dates with the booking made are identical. Determines the customer discrepancies or false information, he must inform the sender (operator or travel agent) thereto. If he fails to this obligation, then a possible case of damage to the legal provisions be restricted or excluded on the loss mitigation (254 BGB §). A liability for damages on our part is completely eliminated when the designated herein circumstances for us could not be identified and we will not represent.
6.2 As a rule, the customer the travel documents will be sent directly by mail. Should he want a shipping cost of travel documents by courier, he must bear all costs arising therefrom and the dispatch risk. For last minute bookings the travel documents will be deposited at the appropriate departure airports. Possible costs for debt collection or deposit shall be borne by the customer. Should the customer, the travel documents are available, except in cases of deposit not later than one working day prior to departure, please immediately to turn it up at that office.
§7 Cancellations, modifications
7.1 In case of cancellation of the mediated travel service principle apply the cancellation conditions of the respective operator. These conditions also incurred cancellation fees vary. In case of cancellation of the travel agent, in addition to any cancellation charges of the respective operator an allowance of up to 150.00 EUR raise. To avoid significant financial losses in case of cancellation, the customer of a travel cancellation insurance is recommended.
7.2 The transfer of a travel service is only possible through cancellation of booked and while booking another tour performance, unless the contract concluded between the customer and includes the organizer of this special provisions.
§8 Entry requirements and other information
8.1 The customer is always responsible for ensuring that his person necessary for the implementation of the travel conditions are satisfied and all legal provisions, in particular the domestic and foreign entry and exit requirements, health regulations, customs and foreign exchange regulations, passport and visa provisions are respected. The same applies to the procurement of necessary travel documents. The travel agent points out that all information given by him with respect to the foregoing, at any time can be changed by the authorities, which is why no liability for such information. Customers are encouraged to provide information even when the competent authorities and institutions.
8.2 An appropriate educational or information requirement exists for us only if special us known or recognizable circumstances make an explicit reference is required and this information is not included (in particular in packages) in the customer present terms of reference of the tour operators. In the case established in accordance with the above provision of information requirement we go without any special instructions or knowledge on the assumption that the customer and his fellow passengers are German nationals and there are no personal particulars (z. B. dual citizenship, statelessness). Appropriate notification obligations on our part is limited to the provision of information or from appropriate sources of information, in particular from the current, industry-standard reference sources or the disclosure of information of foreign embassies, consulates or tourist offices. In this respect, we have no specific inquire duty without the express agreements in this regard. We can also meet in that we refer the customer to the need for a separate, special demand among eligible information points our duty to warn.
8.3 The above provisions apply with respect to the information about customs regulations, sanitary and immigration regulations regarding health prophylactic preventive measures by the customer and his fellow travelers.
§9 Tour operator and transport conditions
For the implementation and the payment of the travel agent merely mediated travel services exclusively to the general terms and conditions of the specified achievers who reach the customer as part of the booking process in detail note apply. The customer can telephone or written reservations have to miss out on the opportunity to take the contents of these terms and conditions prior knowledge, if he nevertheless agreed with their validity to complete binding directly to the Treaty on the travel services. In air and rail transport services, the conditions of carriage and tariffs adopted respectively by the competent traffic authority or by virtue of international conventions apply (for example: General Conditions of Carriage (GCC) air passage, conditions of carriage German railway / tariff Directory (Tfv) passenger).
§10 mediation of scheduled air tickets and train tickets
10.1 Also in the mediation of a ticket a scheduled airline or train tickets the travel agent is acting as a mediator in a contract of carriage. As a mediator, it does not provide its own transport service and is therefore not liable for the satisfactory performance of the transport service by scheduled airline or rail.
10.2 The prices shown for the flight or train reservation generally contain no or only a small commission for our mediation. When you hire to Hire line for air or train ticket of the travel agent collects therefore an agency fee (service charge) to our mediation services. Fees for mediation and other transactions related to the booking order are reported separately. Unless otherwise agreed with you in each individual case differently, apply to the amount and timing of the respective charges service fees known on our website or from other information given.
10.3 Serviceentgelt remains unaffected by a transfer, a name change, a resignation or non-use of the transport service. In these cases also can further required by the service provider fees and / or by the agent designated service charges (z. B. for amendment, cancellation) apply.
10.4 As the IDocs agency the travel agent is charged by the service provider usually with the costs of reserved vehicles. In that regard, it is towards the customer for collection of the carriage charge for the service providers obliged and entitled to claim this in court or out of court on their own behalf. An optionally taking place for this collection activities remuneration of the service provider to the travel agent has no influence on the price payable by the customer price. Other payment methods are thus not excluded, they are all based more on the conditions of the service provider.
10.5 The contractual relationship between the customer and the service provider whose General Conditions of Carriage and in flight performance, the statutory provisions of the German Aviation Act for domestic flights and applicable to the specific flight applicable the provisions of the Montreal Convention.
11.1 If the travel agent has not taken a corresponding contractual obligation by express agreement with the customer, he is not liable for the realization of the reservation request of the customer agreements with the respective instructional performers.
11.2 Without explicitly stated otherwise or assurance of travel agents liable as a travel agent with respect to the arranged services themselves for defects of performance and personal or property damage incurred by the customer in connection with the arranged travel services. When arranging several main tourism service (corresponding to the legislative term of the package), this does not apply if the travel agent gem. § 651a para. 2 BGB justified appears to provide the intended travel services in their own responsibility.
11.3 The travel agent is liable with respect to its position as a travel agent in cases of intent or gross negligence in accordance with statutory provisions. The liability for guarantees is independent of fault. If the travel agent is liable for slight negligence exclusively according to the provisions of the Product Liability Act, for injury to life, limb or health or because of breach of contract. The claim for damages for the negligent breach of essential contractual obligations is limited to the typical, foreseeable damage if there is no liability for injury to life, limb or health. If the travel agent is liable to the same extent for the negligence of agents and representatives.
11.4 The provisions of the preceding paragraph applies to compensation in addition to performance, the damages instead of performance and the claim for wasted expenditure, regardless of the legal grounds, including liability for defects, delay or impossibility.
The travel agent collects certain personal data of customers and possibly other travelers. This data is required for the provision of brokerage contract and for the initiation and execution of the contract to be concluded on the booked by the customer travel service and processed and used exclusively for these purposes. A transfer of data is carried out exclusively to the respective organizers of the booked travel service.
§13 Final provisions
13.1 The contract shall be the law of the Federal Republic of Germany.
13.2 For complaints of the travel agent to the customer the residence of the customer is decisive. If the customer is a merchant, legal entity under public law or a public special fund, the exclusive jurisdiction for all disputes arising from the agency agreement or in connection therewith disputes is the headquarters of the travel agent in Nuremberg.
2,212 total views, 3 views today