Dear traveler, dear traveler, please read our general Terms and Conditions (GTC) and travel advice good by.The following provisions are, as far as effectively agreed, content of between you and the TravelXite Licensing GmbH, hereinafter referred to as "TravelXite", to future contract.
Terms and Conditions for arranging travel services through TravelXite Licensing GmbH / TravelXite
Scope of these terms and conditions; Structure into sections I and II
The following terms and conditions are, as far as effectively agreed, content of between you(hereinafter referred to as "Customer" or "Traveler") and TravelXite Licensing GmbH (hereinafter referred to as "Customer")"TravelXite" called), in the booking case from the 27.06.2018 agreement coming brokerage contract.They supplement the statutory provisions of §§ 651a - y BGB (Civil Code) and the Articles 250 and 251 of the EGBGB (Introductory Act to the Civil Code) and fill these out. Please read These conditions of mediation before your reservation carefully! With regard to legally different ways of arranging travel and package travel, depending on the nature of the journey mediated travel services, these mediation conditions are divided into 2 sections. exclusive arrangements for the mediation I) of a single travel service or more Travel services of a single type of travel service can be found in Section I of this Terms and Conditions II) of related travel services can be found in Section II of this Terms and conditions.
Section I: Arrangements for arranging a single travel service or several Travel services of a single type of travel service The provisions of this Section I relating to the arrangement of a single travel service or more Travel services of a single type of travel service within the meaning of § 651a (3) sentence 1 BGB n.F. apply exclusively if the brokered travel service is neither part of affiliated travel services travel services Part II of Part A of this Part of a package of TravelXite under Part B are . In In this case, no information of the customer by means of a form is required by law
1. Conclusion of contract, legal regulations
With the acceptance of the customer's agency order by TravelXite comes between the customer and TravelXite the contract for the provision of travel services. Order and acceptance do not require any particular form
If the order is placed by electronic means (e-mail, internet), TravelXite confirms that Receipt of the order immediately by electronic means. This confirmation of receipt is still available no confirmation of acceptance of the mediation order.
The mutual rights and obligations of the customer and TravelXite arise, as far as the Not conflicting statutory provisions, from the contractually agreed in individual cases Agreements, these terms and conditions and the statutory provisions, in particular the §§ 651a ff BGB i.V.m. Art. 250ff. EGBGB and §§ 675, 631 ff. BGB on the charge Agency.
For the rights and obligations of the customer towards the contracting party of the mediated service apply exclusively to the agreements made with this, in particular - as far as effective agreed - its travel or business conditions. Without special agreement or without particular note applies to transport services on a legal basis of the competent authority or under international conventions Conditions of carriage and tariff regulations.
2. General contractual obligations of TravelXite, information, notes
On the basis of these mediation conditions, the customer will receive the best possible advice. Upon request will then make the booking request to the service provider through TravelXite. to After the confirmation by the service provider, the obligation to perform belongs to the handover of the Documents about the mediated travel service (s). This does not apply if it has been agreed that the service provider transmits the documents directly to the customer.
In providing information and advice, TravelXite is liable under the Act and the contractual arrangements for the correct selection of the source of information and the correct Passing on to the customer. An information contract with a contractual obligation to Provision of information is only possible with a corresponding express agreement. For TravelXite is not liable for the accuracy of the information provided in accordance with § 675 para. 2 BGB, unless that a special information contract has been concluded.
Without express agreement TravelXite is not obliged to the most favorable Determine and / or offer providers of the requested travel service. contractual TravelXite's obligations under its "Best Price Guarantees" remain unaffected.
Without express agreement, TravelXite will provide pricing information, Services, booking conditions and other circumstances of the travel service no guarantee i.S. of § 276 Abs. 1 Satz 1 BGB and concerning information about the availability of the mediator services to be provided no procurement guarantee within the meaning of this provision.
TravelXite only takes special requests for forwarding to the service provider to be mediated opposite. Unless otherwise expressly agreed TravelXite is not responsible for the fulfillment of such special requests. These are not Condition or contractual basis for the mediation order or for the mediator to the Service provider to submit the customer's booking statement. The customer will be on it pointed out that special requests usually only by express confirmation of Service provider to the content of the contractual obligations of the service provider.
3. Documents about the arranged travel services
Both the customer, as well as TravelXite meets the obligation, contract and other documents of the mediated service provider about the travel services provided to the customer by TravelXite in particular booking confirmations, hotel vouchers, insurance certificates and other documents about the mediated travel services on accuracy and Completeness, especially on the agreement with the booking and the Verify placement order.
As far as documents about the mediated travel services the customer not directly from the mediated Service providers are delivered, delivery is at the discretion of TravelXite postal or electronic mail.
4. Documents about the arranged travel services
The customer has recognizable errors or shortcomings in the brokerage activities of TravelXite after their discovery, to notify him immediately. This includes in particular incorrect or incomplete information of personal customer data, other information, Information and documents about the arranged travel services, as well as the incomplete Execution of intermediary services (eg bookings not made or Reservations).
A. If there is no notification according to section 4.1 by the customer, the following applies: Display of the Customers under no. 4.1 are not responsible for their claims.
B. Claims by the customer to TravelXite shall lapse insofar as TravelXite proves that the customer a damage when properly displayed or not in the customer made height would have arisen. This applies in particular, as far as TravelXite proves that one Immediate notification by the customer TravelXite the possibility to remedy the defect or the reduction of damage, e.g. by rebooking, additional booking or cancellation with the mediated service providers.
C. If the customer's notification under no Claims not.
D. Claims by the customer in the event of a failure to report in accordance with section 4.1 are not canceled
The liability for booking errors according to § 651x BGB remains unaffected.
E. A contractual and / or legal obligation of the customer to report a defect across from the brokered service provider remains unaffected by clause 4.
F.The customer is asked in his own interest, TravelXite on special needs or Restrictions on the requested travel services.
5.Reimbursement of expenses, remuneration, debt collection
TravelXite is entitled to make payments in accordance with the terms and conditions of payment and payment mediated service providers to the extent that these are effective between the service provider and agreed to the customer and contain valid payment terms.
Payment claims to the customer may be made by TravelXite, as far as the agreements between TravelXite and the service provider, acting as their collection agent, but also in its own right on the basis of the statutory advance payment obligation of the customer as Client according to § 669 BGB.
The above regulations apply accordingly for cancellation costs (cancellation fees) and other legally or contractually justified claims of the mediated Provider.
The customer can not own claims of TravelXite by way of retention or Set-off that the customer has claims against the brokered service provider, especially due to poor performance of the brokered contract. This does not apply if for the emergence of such claims a culpable violation of contractual obligations of TravelXite causal or co-causal or TravelXite for other reasons to the customer liable for the asserted counterclaims.
6.Obligations of TravelXite in the case of customer complaints to the mediated providers
In case of complaints or other assurances of claims against the mediated service providers are limited to the obligation of the necessary and known information and documents, in particular the communication of names and addresses of mediated service providers
In case of complaints or other assertion of claims against the mediated Service providers are limited to the obligation of TravelXite to grant the required and known information and documents, in particular the communication of names and addresses of mediated service providers
TravelXite - even without being obliged to do so - takes over forwarding within the deadline Letter of the customer, TravelXite is liable for timely receipt by the recipient only by TravelXite itself deliberately or grossly negligent caused missed deadline
With regard to any claims of the customer against the mediated service providers there is none Obligation of TravelXite to advise on the nature, extent, amount, eligibility requirements and Deadlines to be respected or other legal provisions.
7. Important information about insurance of travel services
TravelXite points out the possibility to minimize the cost risk of cancellations by the customer a travel cancellation insurance when booking complete.
The customer is further advised that a cancellation insurance usually does not cover the resulting damage caused by a - even non- Cancellation of the use of travel services after their occurrence may arise. A Travel interruption insurance is usually to be completed separately.
When arranging travel insurance, the customer is advised that the Insurance conditions of the brokered travel insurance special contract conditions and / or co-operation obligations of the customer, in particular disclaimers (e.g. Pre-existing conditions), deadlines for the notice of damage and deductibles. TravelXite is not liable insofar TravelXite has made no false statements regarding the insurance conditions and the arranged travel insurers on the basis of effectively agreed insurance conditions Right to refuse service to the customer.
8.The position and obligations of the intermediary in connection with the mediation of
Air transportation services
In accordance with EU Regulation No 2111/2005 establishing a Community list of Air carrier is the intermediary obliged to the passenger when booking through the To inform the identity of the operating airline. If at the time of booking the executive Airline is not yet determined, the intermediary will be the mediated by the company provide information about the airline that is likely to fly performs. If the airline changes, the customer will be notified immediately of the change informed. The Community list of banned flights in the European Union Airlines is via the websites http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm and www.lba.de available and can be given to the customer on request at the agent's premises.
For the contractual relationship between the customer and the airline - as far as applicable applicable - the statutory provisions of the German Luftverof the Warsaw and Warsaw Montreal Convention and directly, such as domestic legislation,
The customer is strongly advised to discuss his rights as a passenger, e.g. through the notices in the Airports, through the information of the operating air carrier or through the Information leaflets of the Luftfahrtbundesamt can be found at www.lba.de.
9. Remuneration claims of the intermediary
For the prices and service charges for arranging the air transport services of Airlines according to point 8 of these conditions of mediation:
The prices quoted and invoiced are those of the airlines, which are not Commission or other remuneration of the airline for the activity of the intermediary include.
The remuneration of the intermediary in the context of this brokering activity is therefore exclusively by service fees to be paid by the customer.
The service fee for the placement activity of TravelXite and for other activities in the In connection with the flight booking is, unless otherwise agreed in individual cases, € 50, - per flight ticket, for business and first class tickets 100 €.
If an agreement on the amount of a corresponding service fee has not been made, owes the customer reimburses the intermediary for the statutory provisions, i. there is one Obligation to pay a customary remuneration by the client
The service fees for the provision of other travel services and for other activities on behalf of the customer require a corresponding agreement. This can e.g. through a verbal or written notice from the intermediary.
The claim of the mediator on service fees - even with the airline - remains Service disruptions or changes, especially rebooking, name change, cancellation, cancellation, Cancellation or termination of the brokered contract by the service provider or the customer consist. This does not apply if a claim for reimbursement of the customer due to a Claim for damages of the customer due to defects in the advisory or brokerage activities of the customer Mediator resulting from contractual or legal claims.
10. Liability of TravelXite
As far as TravelXite does not have a corresponding contractual obligation by express agreement with TravelXite is not liable for the conclusion of contracts with the customer mediating service providers.
TravelXite is not liable for defects and damages that are mediated to the customer in connection with the Travel service arise. This does not apply to an express agreement in this regard or Commitment of TravelXite, in particular if these are provided by the service providerdescription of the Service provider deviates considerably.
Any own liability of TravelXite arising from the culpable violation of intermediary obligations as well as the liability according to § 651x BGB remains unaffected by the above provisions.
The provisions of this Section II relating to the brokerage of affiliated travel services apply Exclusively if TravelXite the form through the brokerage of affiliated travel services surrenders. In this form the customer is informed that with booking another one Travel service at TravelXite no package holiday is booked, but with conclusion of the contract second contract connected travel services arise.
1st Payments on Connected Travel Services
TravelXite may allow traveler's payments on travel related benefits Only accept travel services if TravelXite has ensured that these are available to the traveler be reimbursed, as far as travel services are provided by TravelXite itself or Remuneration claims mediated service providers are still to be fulfilled and in the case of Insolvency of TravelXite
This guarantee is provided by TravelXite in arranging connected travel services Conclusion of a bankruptcy insurance acc. § 651w Abs. 3 BGB naming the name and the Contact details of the customer's money saver in a clear, understandable and highlighted way and Handover of a corresponding security note for all payments by the customer to TravelXite connected travel services, as far as the customer is not directly to the mediated service provider associated travel services.
second Reference to the additional validity of provisions in Section I of this Part A
In addition, the following are valid for the arrangement of connected travel services Section I of this Part A of these Terms and Conditions: 1; 2; 3; 4; 6; 7; 8th; 9; 10.
Section 5 of Section I shall apply only on the condition that TravelXite fulfills its obligation under Section 1 of this Section II to secure payments
The following provisions are, as far as effectively agreed, content between you (hereinafter referred to as "Customer" or "Traveler") and the TravelXite Licensing GmbH / TravelXite (hereinafter abbreviated to "TravelXite") of the package travel contract. They complete the statutory provisions of §§ 651a - y BGB (Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the Civil Code) and fill them out.
1st Position of TravelXite on self-arranged flight transfers
TravelXite package tour services generally do not include Air transport services to the venue. As far as in the travel advertisement the flight is not expressly included as part of the travel package offered and operated by TravelXite TravelXite does not offer flight services as own services, but as mediated performance in addition to the package holiday.
As far as TravelXite in addition to air transport services additional tourist Fringe benefits additional service provider (for example, air transport service and stay in airport lounge) mediated and these additional services of the other service provider no significant share of The total value of this service combination and neither an essential feature of this Performance assortment of the service provider or TravelXite itself still show as such that TravelXite only has the status of an intermediary. As far as that goes Part A Section I referenced.
TravelXite has the status of an intermediary as an intermediary Travel services, as far as according to the legal regulations of § 651w BGB the conditions for a mediation travel services provided by TravelXite. In that regard, Part II, Section II referred
Without prejudice to TravelXite's obligations as a provider Travel services according to Part A Section II and the legal consequences of non-compliance with this statutory TravelXite is neither obliged to fulfill its obligations under 1.2 or 1.3 Tour operator nor contracting party of the coming into the booking case contract on the mediated services. TravelXite is therefore not liable for the details of the mediated Contractual partner for prices and services, for the provision of services itself or for damages from these mediated services. Any liability of TravelXite under the agency contract and from legal provisions, in particular according to mandatory provisions on telemedia and the electronic commerce remains unaffected.
1.6 By the above provisions, the liability of TravelXite from the Mediation agreement unaffected.
second Conclusion of the travel contract 2.1 With the travel registration the customer offers TravelXiteand fulfilled its pre-contractual information obligations has and the customer within the binding period TravelXite the acceptance by express declaration or down payment declared ..
The pre-contractual information on essentials given by TravelXite Properties of the Travel services, the travel price and all additional costs, the payment methods, the Minimum number of participants and the lump sums (in accordance with Article 250 § 3 Number 1, 3 to 5 and 7 EGBGB) Only then will not be part of the package travel contract, if this is between the parties expressly agreed.
TravelXite points out that according to the legal regulations (§§ 312 Abs. 7, 312g Para. 2 Sentence 1 no. 9 BGB) in package travel contracts according to § 651a and § 651c BGB, which are sold at distance (letters, Catalogs, phone calls, faxes, e-mails, messages sent over mobile service (SMS) as well as radio, telemedia and online services), there is no right of revocation, but only the legal rights of withdrawal and termination, in particular the Right of withdrawal according to § 651h BGB (see also section 5). However, a right of withdrawal exists if the contract for travel services according to § 651a BGB is closed outside of business premises unless the oral proceedings on which the conclusion of the contract is based are on previous order of the consumer; in the latter case there is one Right of withdrawal also not. The above note also applies, as far as TravelXite contracts accommodation services (such as hotel rooms) or flight services in which TravelXite is not an intermediary, but the immediate contracting party of the customer / traveler.
third Travel price and payment
TravelXite and travel agents are allowed to make payments on the travel price before the end of the travel Only request or accept a package holiday if there is an effective customer money security contract and the customer the security certificate with name and contact details of the customer more understandable and highlighted way. After conclusion of the contract is against Handing over of the security certificate a down payment of 25% of the travel price for payment due. The remaining payment is due 30 days prior to departure, provided the security certificate is handed over and the trip can no longer be canceled for the reason stated in point 10.2.
If the customer fails to pay the deposit and / or the balance according to the agreed Payment due, although TravelXite for the proper provision of contractual services willing and able and no legal or contractual right of retention of the customer exists, then TravelXite is entitled to withdraw after reminder with deadline from the travel contract and to charge the customer with cancellation fees according to Section 9.
Cancellation, handling and rebooking fees as well Insurance premiums are Immediately after appropriate invoicing by TravelXite due.
The travel documents will be sent to the customer within 14 days of receipt of his Final payment at TravelXite sent.
If the booking is made earlier than 30 days prior to departure, the whole amount will be charged travel Price Immediately upon receipt of the written travel confirmation due.
Payment is possible by bank transfer and credit card. TravelXite calculates for a payment by credit card American Express 2.3% of the travel price.
For the scope of the contractual services are the service descriptions in individual Offer, as it has become the basis of the contract, as well as the related information in the travel confirmation / invoice binding. Subsidiary agreements covering the scope of contractual services change, require confirmation in text form.
Information in hotel brochures and similar descriptions, not by TravelXite edited are not for TravelXite and the service obligation of TravelXitebinding, as far as they are concerned not by express agreement with the customer to the content of the service obligation of TravelXite were made.
5th Power changes
Changes to contract contents before departure, not the travel price concern
deviations of essential features of travel services from the agreed Content of the Package travel contract, which become necessary after the conclusion of the contract and not reflected by TravelXite In good faith, TravelXite is permitted prior to departure, as far as the Deviations are insignificant and do not affect the overall layout of the trip.
TravelXite is committed to promptly informing customers about service changes Knowledge of the reason for the change on a durable medium (for example by e-mail, SMS or Voice message) in a clear, understandable and highlighted way.
In the event of a significant change in an essential feature of a travel service or the Deviation from special requirements of the customer, which have become part of the package travel contract, the customer is entitled, within one of TravelXite, simultaneously with notification of the change either accept the amendment or set it free of charge Package travel contract to withdraw. The customer does not declare within the TravelXite set Deadline expressly against this the resignation of the package travel contract, the change is considered as accepted
Any warranty claims remain unaffected, as far as the changed Services with Deficiencies are afflicted. TravelXite had for the implementation of the modified trip or a possibly offered replacement trip of equivalent quality for the same price lower Costs, the customer shall be reimbursed the difference according to § 651m Abs. 2 BGB.
6. Unused services
If the traveler takes individual travel services as a result early return or for any other reason attributable to him he is not entitled to a pro-rata refund of the travel price. TravelXite will join the Service providers to reimburse the saved expenses. This obligation does not apply if it is completely insignificant benefits or if a refund is not possible can be made. TravelXite is entitled to charge a handling fee of € 50, - from deduct the amount to be refunded and retain it as compensation for the extra work. Section 8.5. applies accordingly.
7. Information obligation on the identity of the operating air carrier
EU Regulation No. 2111/2005 on informing passengers about identity of TravelXite commits the travel operator to the identity of the carrier airline of all passengers to be provided in the course of the booked journey To inform air transport services when booking. Is the executive airline not yet determined, is to name first the probable airline and the customer as soon as the operating airline has been determined. At a change TravelXite has to inform the client of the operating airline without delay. A "black list" of unsafe airlines with no flights in the EU is as follows Website: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm
For the design of the flight plan and its adherence are essentially the Airlines and the national coordinating authorities. Therefore, you can short-term changes in flight times, the route and the aircraft, the beyond the control of TravelXite. Travelers are required to present themselves the return flight to the airline about the exact time of the return flight and to confirm the return flight. Incidentally, the corresponding express references in referenced the travel documents. Any claims of the travel participant due to unzumutbarer Performance changes remain untouched.
8. Cancellation by the customer (cancellation fee) and substitute traveler
The customer can withdraw from the trip at any time prior to departure. It is decisive access the resignation at TravelXite. The travel customer is advised to resign in writing explain.
If the customer steps back before the start of the journey or does not start the journey, then loses TravelXite the claim to the travel price. Instead, TravelXite can provide reasonable compensation if the resignation is not the responsibility of TravelXite or at the place of destination or in whose immediate proximity unavoidable, extraordinary circumstances occur, which carry out significantly affect the package holiday or the transport of persons to the place of destination; Circumstances are unavoidable and extraordinary when they are not under the control of TravelXite even if their consequences could not have been avoided, if all reasonable Arrangements would have been made.
TravelXite has the following compensation packages, taking into account the period between the declaration of resignation and the start of the journey and taking into account the expected Savings on Expenses and the Expected Purchase by Other Uses of the Travel services set. Compensation will be paid after the date of access Declaration of resignation calculated as follows with the respective cancellation scale:
The deadline for the calculation is the receipt of the declaration of withdrawal.
The customer is at liberty to prove to TravelXite that TravelXite has no or no on significantly less damage than the required lump sum.
TravelXite reserves the right to charge a higher, concrete To claim compensation, as far as TravelXite proves that TravelXite substantially higher expenditure as the applicable flat rate incurred. In this case, TravelXite is obliged to the required compensation, taking into account the expenses saved and any eventual concretely quantifying and substantiating the other uses of travel services.
TravelXite is due to a refund for the refund of the travel price Committed, has TravelXite immediately, but in any case within 14 days of receipt of the Declaration of resignation.
The legal right of the customer, in accordance with § 651 e BGB of TravelXite by notice on a durable medium to require that instead of a third party in the rights and obligations arising from the package travel contract remains unaffected by the above conditions. A such Explanation is always timely when using TravelXite until 7 days before departure approaching.
The conclusion of a travel cost loss, baggage, travel accident and Travel health insurance is not included in TravelXite's offer and is urgent recommended. For more information about insurance benefits of repatriation cost insurance, i.a. over Cover for repatriation costs in case of accident or illness, give insurance and Insurance
A claim of the customer after the conclusion of the contract for changes in the Travel dates, des Destination, the place of travel, the accommodation, the type of food, the type of transport or other services (rebooking) does not exist. This does not apply if the transfer is required is because TravelXite has no, insufficient or incorrect pre-contractual information according to Art. 250 § 3 EGBGB given to the traveler; In this case the transfer is freepossible. Will be in the other cases at the request of the customer nevertheless made a rebooking, TravelXite can Charge the rebooking fee from the customer for each traveler affected by the rebooking. As far as before commitment the rebooking is not otherwise agreed in individual cases, the rebooking fee is in each case until to the date of the beginning of the second cancellation period of the respective travel type according to the above regulation in Section 9 € 50, - per passenger concerned. Section 8.5. applies accordingly.
rebooking requests of the customer can be made later than 30 days before departure, if their execution is possible at all, only after withdrawal from the package travel contract according to number 5 on the conditions and simultaneous registration. This does not apply to rebooking requests that only cause minor costs.
10. Resignation due to failure to reach the minimum number of participants
TravelXite may fail to meet a minimum number of participants withdraw from the following regulations:
11. Termination for behavioral reasons
TravelXite may terminate the package travel contract without notice if the Travelers regardless of a warning from TravelXite persistently bothers or when he is in such measure is contrary to the contract, that the immediate termination of the contract is justified. This does not apply insofar as the behavior contrary to the contract is causal a violation of TravelXite's information requirements.
If TravelXite terminates, TravelXite retains entitlement to the travel price; TravelXite However, it must take into account the value of the saved expenses as well as those benefits do not use the TravelXite for any other purpose achieved, including those credited by the service providers Amounts
12.Limitation of liability
The contractual liability of TravelXite for damages not arising from Injury to life, body or health will result and not culpably caused, is limited to the triple travel price. Possibly additional claims under the Montreal Convention or the Aviation Act remain unaffected by this limitation of liability.
TravelXite can not be held liable for any performance, personal or business disabilities Property damage in connection with services rendered as third-party services only mediated (e.g., mediated trips) if these Services in the travel advertisement and the travel confirmation expressly and stating the identity and address of the mediated Contractual partners have been so clearly identified as third-party services, that it is not recognizable for the traveler as part of the package holiday of TravelXite are and have been selected separately. The §§ 651b, 651c, 651w and 651y BGB remain unaffected by this.
TravelXite is liable, however, if and as far as damage to the Travelers the violation of information, education or Organizational requirements of TravelXite has become the cause.
13.Privacy of the traveler