Terms and conditions of DERTOUR Hotels & Resorts GmbH for the procurement of travel services

(as at March 2024)

Dear customer,

We are delighted that you would like to organise your holiday with us. This can be in the form of a package holiday, a merely arranged individual service such as a flight or hotel accommodation only, or in the form of combined travel services.

The contract(s) for a package holiday or specific travel services are concluded between you and the tour operator or provider of an individual service. The travel, accommodation or transport conditions known to you apply.

Below we provide you with some information about our agency activities. In other words, we explain what we do to bring about the contracts you want with tour operators or service providers.

This is done on the basis of the following provisions.

SCOPE OF APPLICATION OF THESE TERMS AND CONDITIONS; SUBDIVISION INTO PARTS A, B AND C

1.1 The following terms and conditions regulate the legally different types of brokerage of travel services and package holidays with regard to the rights and obligations of the customer and the agent depending on the type of travel service brokered. Accordingly, a distinction must be made between

a) the arrangement of a package holiday, hereinafter referred to as "travel agency", the agent in this context "travel agent"; you will find the provisions in Part A of these terms and conditions.

b) the arrangement of related travel services; you will find the regulations in Part B of these Terms and Conditions.

c) the procurement of an individual travel service; you will find the regulations in Part C of these terms and conditions.

PART A: TRAVEL AGENCY SERVICES FOR PACKAGE HOLIDAYS

PART A: REGULATIONS FOR THE TRAVEL BROKERAGE OF PACKAGE HOLIDAYS IN ACCORDANCE WITH § 651V BGB

The provisions of this Part A on the brokerage of package travel contracts apply if the travel agent hands over the package travel form. The form identifies the intermediary tour operator as the trader responsible for the provision of the package holiday.

1. CONCLUSION OF CONTRACT, LEGAL PROVISIONS

1.1 Upon acceptance of the customer's booking order by the travel agent, a contract for the booking of a package holiday is concluded between the customer and the travel agent. The order and acceptance do not require any particular form.

If the order is placed electronically (e-mail, Internet, online booking form, fax, messenger services), the agent shall confirm receipt of the order electronically without delay. This confirmation of receipt does not yet constitute confirmation of acceptance of the order for travel arrangements.

1.2 The mutual rights and obligations of the customer and the travel agent arise from the contractual agreements made in the individual case, these terms and conditions and the statutory provisions, in particular §§ 651a ff BGB in conjunction with Art. 250 et seq. Art. 250 et seq. EGBGB and §§ 675, 631 et seq. BGB on the provision of services against payment.

1.3 The rights and obligations of the customer vis-à-vis the arranged tour operator shall be governed exclusively by the agreements made with the latter, in particular - insofar as effectively agreed - its travel or business terms and conditions. In the absence of any special agreement or reference, the conditions of carriage and fare regulations issued by the competent transport authority on a statutory basis or on the basis of international agreements shall apply to transport services.

2. PAYMENTS, DECLARATIONS FROM CUSTOMERS

2.1 Travel agents and tour operators may only demand or accept payment of the tour price before the end of the package tour if an effective customer money protection contract has been concluded with the tour operator and the customer has been given the security certificate with the name and contact details of the customer money insurer in a clear, comprehensible and emphasised manner.

2.2 The travel agent is deemed to be authorised by the tour operator to accept notifications of defects and other declarations from the customer/traveller regarding the provision of the package tour. The travel agent shall inform the tour operator immediately of such declarations by the traveller. In order to avoid loss of time despite immediate forwarding, the travel agent recommends that such declarations be made directly to the tour guide or the tour operator's contact point.

3. GENERAL CONTRACTUAL OBLIGATIONS OF THE TRAVEL AGENT, INFORMATION, ADVICE

3.1 The customer shall receive the best possible advice on the basis of these agency terms and conditions. Upon request, the booking enquiry with the package tour operator will then be made by the travel agent. After confirmation by the package tour organiser, the obligation to perform includes handing over the documents relating to the travel service(s) arranged. This does not apply if it has been agreed that the package tour organiser will send the documents directly to the customer.

3.2 When providing other advice and information which the travel agent is not obliged to provide in accordance with § 651v Para. 1 BGB in conjunction with Art. 250 § 1 to 3 EGBGB. Art. 250 § 1 to 3 EGBGB, the travel agent is liable within the framework of the law and the contractual agreements for the correct selection of the source of information and the correct forwarding to the customer. An information contract with a main contractual obligation to provide information shall only be concluded if a corresponding express agreement has been made. The travel agent is not liable for the accuracy of the information provided in accordance with Section 675 (2) BGB, unless a special information contract has been concluded.

3.3 Without express agreement, the travel agent is not obliged to determine and/or offer the most favourable provider of the requested travel service. Contractual obligations of the travel agent within the framework of "best price guarantees" given by him remain unaffected by this.

3.4 Unless expressly agreed, the travel agent does not assume any guarantee within the meaning of Section 276 (1) sentence 1 BGB with regard to information on prices, services, booking conditions and other circumstances of the travel service and no procurement guarantee within the meaning of this provision with regard to information on the availability of the services to be arranged by the travel agent.

3.5 The travel agent shall only accept special requests for forwarding to the package tour organiser to be arranged. Unless expressly agreed otherwise, the travel agent is not responsible for the fulfilment of such special requests. These are also not a condition or contractual basis for the agency order or for the customer's booking declaration to be transmitted by the travel agent to the package tour organiser. The customer is advised that, as a rule, special requests only become part of the package tour organiser's contractual obligations upon express confirmation by the package tour organiser.

4. OBLIGATIONS OF THE TRAVEL AGENT REGARDING ENTRY REQUIREMENTS AND VISAS

4.1 If the travel agent undertakes the registration in electronic systems for the customer, whether for a fee or free of charge, to obtain an entry permit as a prerequisite for entry into or transit through certain countries, the following shall apply: The assumption of this activity shall not constitute any obligation on the part of the travel agent to make further enquiries or provide information on entry or transit formalities or on transit stops during the trip and in particular not to obtain visas without express agreement. The customer is advised that the electronic entry permit does not replace the final entry authorisation by the border authorities of the respective country.

4.2 The travel agent is not obliged to procure visas or other documents required for the realisation of the trip without a special, express agreement. In the event that such an order is accepted, the travel agent may, without express agreement, demand reimbursement of the expenses incurred by him which he may consider necessary under the circumstances. The travel agent may himself demand remuneration for his work if this has been agreed or if the work was only owed against corresponding remuneration in the circumstances.

4.3 The travel agent is not liable for the issue of visas and other documents or for their timely receipt. This does not apply if the circumstances that led to the non-issue or delayed receipt were culpably caused or contributed to by the travel agent.

5. REIMBURSEMENT OF EXPENSES, REMUNERATION, COLLECTION, PAYMENTS

5.1 The Agent is authorised to demand payments in accordance with the service and payment terms of the procured service providers, insofar as these have been effectively agreed between the service provider and the Customer and contain legally effective payment terms.

The agent may assert payment claims against the customer as the agent's authorised collection agent, insofar as this corresponds to the agreements between the agent and the service provider, but also in its own right on the basis of the customer's statutory obligation to make advance payments as the client in accordance with Section 669 BGB.

5.2 The above provisions shall apply accordingly to cancellation costs (cancellation compensation) and other statutory or contractual claims of the procured service provider.

5.3 The customer may not counter the agent's own payment claims by way of retention or offsetting with the fact that the customer has claims against the brokered service provider, in particular due to defective fulfilment of the brokered contract. This does not apply if a culpable breach of contractual obligations on the part of the agent is the cause or contributory cause of such claims arising or if the agent is liable to the customer for the counterclaims asserted for other reasons.

6. POSITION AND OBLIGATIONS OF THE TRAVEL AGENT IN CONNECTION WITH THE PROCUREMENT OF AIR TRANSPORT SERVICES

6.1 In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, the agent is obliged to inform the passenger of the identity of the operating airline at the time of booking. If the operating airline has not yet been determined at the time of booking, the agent shall provide the passenger with the information available from the airline that is likely to operate the flight. In the event of a change of airline, the customer shall be informed of the change without delay. The Community list of airlines subject to a flight ban in the European Union is available on the websites http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de.

6.2 The contractual relationship between the customer and the airline is governed by the statutory provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions and directly by domestic statutory provisions, where applicable,

    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 air transport passengers of the identity of the operating air carrier
    Regulation (EC) No 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air

Customers are strongly recommended to inform themselves about their rights as passengers, e.g. through the notices at the airports, through the information provided by the operating air carrier or through the information sheets of the Federal Aviation Office at www.lba.de.

7. DOCUMENTS RELATING TO THE PACKAGE HOLIDAY ARRANGED

7.1 Both the customer and the travel agent are obliged to check contractual and other documents of the brokered package tour organiser relating to the package tour, which were handed over to the customer by the travel agent, in particular booking confirmations, flight tickets, hotel vouchers, visas, insurance certificates and other documents relating to the brokered package tour for correctness and completeness, in particular for conformity with the booking and the brokerage order.

7.2 If documents relating to the arranged package tour are not sent to the customer directly by the package tour organiser, they shall be handed over by the travel agent by post or electronically.

8. OBLIGATIONS OF THE CUSTOMER TO CO-OPERATE WITH THE TRAVEL AGENT

8.1 The customer must notify the travel agent of any recognisable errors or deficiencies in the travel agent's brokerage activities as soon as they are discovered. This includes, in particular, incorrect or incomplete details of personal customer data, other information, information and documents about the package holiday arranged as well as the incomplete execution of agency services (e.g. bookings or reservations not made).

8.2 If no notification is made by the customer in accordance with Clause 7.1, the following shall apply:

a) If the customer fails to notify us in accordance with Clause 7.1 through no fault of his own, his claims shall not lapse.

b) Claims of the customer against the travel agent shall lapse to the extent that the travel agent proves that the customer would not have suffered any damage or would not have suffered the amount of damage claimed by the customer if proper notification had been made. This applies in particular if the travel agent proves that immediate notification by the customer would have enabled the travel agent to remedy the defect or reduce the damage, e.g. by rebooking, additional booking or cancellation with the package tour operator.

c) Claims of the customer in the event of failure to notify in accordance with Clause 7.1 shall not lapse

in the event of damage resulting from injury to life, limb or health caused by an intentional or negligent breach of duty by the travel agent or a legal representative or vicarious agent of the travel agent.

in the case of claims for compensation for other damages that are based on an intentional or grossly negligent breach of duty by the travel agent or a legal representative or vicarious agent of the travel agent in the event of a breach of a material obligation, the fulfilment of which is essential for the proper performance of the agency contract or the breach of which jeopardises the achievement of the purpose of the contract.

Liability for booking errors in accordance with § 651x BGB remains unaffected.

8.3 In his own interest, the customer is requested to inform the travel agent of any special needs or restrictions with regard to the requested package holiday.

9. OBLIGATIONS OF THE TRAVEL AGENT IN THE EVENT OF COMPLAINTS BY THE CUSTOMER VIS-À-VIS THE PACKAGE TOUR ORGANISERS BROKERED

The customer may also notify their travel agent, through whom they booked the package holiday, of defects and other declarations regarding the provision of travel services by the package tour organiser.

With regard to any claims the customer may have against the package tour organiser, the travel agent is under no obligation to advise on the type, scope, amount, conditions of entitlement and deadlines to be observed or other legal provisions.

10. IMPORTANT INFORMATION ON INSURANCE FOR PACKAGE HOLIDAYS

10.1 The travel agent points out the possibility of taking out travel cancellation insurance at the time of booking in order to minimise the cost risk in the event of cancellations by the customer.

10.2 Furthermore, the customer is advised that travel cancellation insurance does not usually cover any loss or damage that may arise if the customer cancels the package tour after it has commenced, even if the customer is not at fault. As a rule, travel cancellation insurance must be taken out separately.

10.3 The travel agent also recommends ensuring that you have adequate international health insurance cover when travelling abroad.

10.4 When arranging travel insurance, the customer is advised that the insurance conditions of the travel insurance brokered may contain special contractual conditions and/or obligations of the customer to cooperate, in particular exclusions of liability (e.g. in the case of pre-existing conditions), the obligation to cancel immediately in the case of travel cancellation insurance, deadlines for reporting claims and deductibles. The agent is not liable if he has not provided incorrect information regarding the insurance conditions and the travel insurer has a right to refuse to pay benefits to the customer on the basis of validly agreed insurance conditions.

11. LIABILITY OF THE TRAVEL AGENT

11.1 Insofar as the travel agent has not assumed a corresponding contractual obligation by express agreement with the customer, he shall not be liable for the conclusion of contracts with the package tour organisers to be brokered.

11.2 The travel agent is not liable for defects and damages incurred by the customer in connection with the travel service arranged. This does not apply in the event of an express agreement or assurance to this effect by the travel agent, in particular if this deviates significantly from the service description of the package tour organiser.

11.3 Any liability of the travel agent arising from § 651x BGB or the culpable breach of travel agent obligations remains unaffected by the above provisions.

12. CONSUMER DISPUTE RESOLUTION

With regard to the law on consumer dispute resolution, the travel agent points out that the travel agent does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for the travel agent after the printing of these terms and conditions for the brokerage of package holidays, the travel agent shall inform consumers of this in an appropriate form. The travel agent refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr for all contracts for package holidays concluded in electronic legal transactions.

PART B: BROKERAGE OF RELATED TRAVEL SERVICES

PART B: REGULATIONS FOR THE PROCUREMENT OF RELATED TRAVEL SERVICES IN ACCORDANCE WITH § 651W BGB

The provisions of this Part B on the arrangement of linked travel arrangements shall apply if the retailer issues the form on the arrangement of linked travel arrangements. This form informs the customer that booking an additional travel service with the retailer does not constitute the booking of a package holiday, but that linked travel services are being arranged.

1. CONCLUSION OF CONTRACT, LEGAL PROVISIONS

1.1 Upon acceptance of the customer's brokerage order by the agent, the contract for the brokerage of associated travel services is concluded between the customer and the agent. Order and acceptance do not require any particular form.

If the order is placed electronically (e-mail, Internet, online booking form, fax, messenger services), the agent shall confirm receipt of the order electronically without delay. This confirmation of receipt does not constitute confirmation of acceptance of the placement order.

1.2 The reciprocal rights and obligations of the customer and the agent arise from the contractual agreements made in the individual case, these terms and conditions and the statutory provisions, in particular §§ 651a ff BGB in conjunction with §§ 250ff EGBGB and §§ 675, 631 ff. Art. 250 et seq. EGBGB and §§ 675, 631 et seq. BGB on the provision of services against payment.

1.3 The rights and obligations of the customer vis-à-vis the contractual partner of the linked travel services arranged shall be governed exclusively by the agreements made with the latter, in particular - insofar as effectively agreed - the latter's terms and conditions of travel or business. In the absence of any special agreement or reference, the conditions of carriage and fare regulations issued by the competent transport authority on a statutory basis or on the basis of international agreements shall apply to transport services.

2. PAYMENTS

2.1 The retailer of linked travel arrangements may only accept payments from the traveller for remuneration for travel services if he has ensured that these will be reimbursed to the traveller, insofar as travel services are to be provided by the retailer himself or remuneration claims of intermediary service providers are still to be fulfilled and in the event of insolvency of the retailer of linked travel arrangements.

a) travel services are cancelled or

b) the traveller complies with requests for payment from unsatisfied arranged service providers with regard to travel services provided.

2.2 The agent of linked travel services shall provide this guarantee when arranging linked travel services by taking out insolvency insurance in accordance with Section 651w (3) BGB, stating the name and contact details of the customer money insurer in a clear, comprehensible and emphasised manner and handing over a corresponding security certificate for all payments made by the customer to the agent of linked travel services, unless the customer pays directly to the arranged service provider of the linked travel service.

3. GENERAL CONTRACTUAL OBLIGATIONS OF THE INTERMEDIARY, INFORMATION, NOTICES

3.1 The customer shall receive the best possible advice on the basis of these agency terms and conditions. Upon request, the agent will then make the booking enquiry with the service provider(s). After confirmation by the service provider, the obligation to perform includes handing over the documents relating to the travel service(s) arranged. This does not apply if it has been agreed that the service provider will send the documents directly to the customer.

3.2 When providing advice and information, the agent is liable within the framework of the law and the contractual agreements for the correct selection of the source of information and the correct forwarding to the customer. An information contract with a primary contractual obligation to provide information shall only come into existence if a corresponding express agreement has been made. The agent is not liable for the accuracy of the information provided in accordance with Section 675 (2) BGB unless a special information contract has been concluded.

3.3 Unless expressly agreed, the Agent is not obliged to determine and/or offer the most favourable provider of the requested travel service. Contractual obligations of the agent within the framework of "best price guarantees" given by him remain unaffected by this.

3.4 Unless expressly agreed, the Agent does not assume any guarantee within the meaning of Section 276 (1) sentence 1 BGB with regard to information on prices, services, booking conditions and other circumstances of the travel service and no procurement guarantee within the meaning of this provision with regard to information on the availability of the services to be arranged by the Agent.

3.5 The Agent shall only accept special requests for forwarding to the service provider to be arranged. Unless expressly agreed otherwise, the agent is not responsible for the fulfilment of such special requests. These are also not a condition or contractual basis for the agency order or for the customer's booking declaration to be forwarded by the agent to the service provider. The customer is advised that, as a rule, special requests only become part of the contractual obligations of the service provider upon express confirmation by the service provider.

4. OBLIGATIONS OF THE AGENT REGARDING ENTRY REQUIREMENTS, VISA AND INSURANCE

4.1 The Agent shall inform the Customer about entry and visa regulations if a corresponding order has been expressly agreed. Otherwise, there is only a corresponding obligation to provide information or clarification if special circumstances known or recognisable to the agent make express notification necessary and the corresponding information is not already contained in the offer documents available to the customer.

4.2 Corresponding information obligations of the agent are limited to the provision of information from current, industry-standard sources of information. There is no special obligation on the part of the agent to investigate without an express agreement to this effect. The agent can also fulfil his duty to provide information by referring the customer to the necessity of making his own special enquiries at relevant information sources.

4.3 The above provisions shall apply accordingly with regard to information on customs regulations, health-related entry regulations, preventive health measures to be taken by the customer and his fellow travellers as well as import and export regulations.

4.4 If the Agent takes over the registration in the electronic systems for obtaining the entry permit as a prerequisite for entry or transit to certain countries for the Customer, whether for a fee or free of charge, the following shall apply: The assumption of this activity shall not constitute any obligation on the part of the Agent to make further enquiries or provide information on entry or transit formalities or on transit stays during the trip and in particular not to obtain visas without express agreement. The customer is advised that the electronic entry permit does not replace the final entry authorisation by the border authorities of the respective country.

4.5 The Agent is not obliged to procure visas or other documents required for the realisation of the trip without a special, express agreement. In the event of acceptance of such an order, the agent may, without express agreement, demand reimbursement of the expenses incurred by him, which he may consider necessary under the circumstances. The agent may himself demand remuneration for his activity if this has been agreed or if the activity was only owed against corresponding remuneration according to the circumstances.

4.6 The Agent shall not be liable for the issue of visas and other documents or for their timely receipt. This does not apply if the circumstances relevant to the non-issue or delayed receipt were culpably caused or contributed to by the agent.

5. POSITION AND OBLIGATIONS OF THE AGENT IN CONNECTION WITH THE BROKERAGE OF AIR TRANSPORT SERVICES

5.1 In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, the agent is obliged to inform the passenger of the identity of the operating airline at the time of booking. If the operating airline has not yet been determined at the time of booking, the agent shall provide the passenger with the information available from the airline that is likely to operate the flight. In the event of a change of airline, the customer shall be informed of the change without delay. The Community list of airlines subject to a flight ban in the European Union is available on the websites http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de .

5.2 The contractual relationship between the customer and the airline is governed by the statutory provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions and directly by domestic statutory provisions, where applicable,

6. REIMBURSEMENT OF EXPENSES, REMUNERATION, COLLECTION, PAYMENTS

6.1 The Agent is authorised to demand payments in accordance with the service and payment terms of the procured service providers, insofar as these have been effectively agreed between the service provider and the Customer and contain legally effective payment terms.

6.2 The above provisions shall apply accordingly to cancellation costs (cancellation compensation) and other statutory or contractual claims of the procured service provider.

6.3 The customer may not offset the agent's own payment claims by way of retention or set-off against the fact that the customer has claims against the brokered service provider, in particular due to defective fulfilment of the brokered contract. This does not apply if a culpable breach of contractual obligations on the part of the agent is the cause or contributory cause of such claims arising or if the agent is liable to the customer for the counterclaims asserted for other reasons.

7. DOCUMENTS RELATING TO THE TRAVEL SERVICES ARRANGED

7.1 Both the customer and the agent are obliged to check the contractual and other documents of the procured service provider relating to the travel services which were handed over to the customer by the agent, in particular booking confirmations, flight tickets, hotel vouchers, visas, insurance certificates and other documents relating to the procured travel services for correctness and completeness, in particular for conformity with the booking and the agency order.

7.2 If documents relating to the travel services arranged are not sent to the customer directly by the service provider arranged, they shall be handed over by the agent by post or electronically.

8. OBLIGATIONS OF THE CUSTOMER TO CO-OPERATE WITH THE INTERMEDIARY

8.1 The customer must notify the agent immediately of any recognisable errors or defects in the agent's brokerage activities as soon as they are discovered. This includes, in particular, incorrect or incomplete details of personal customer data, other information, information and documents about the travel services brokered and the incomplete execution of brokerage services (e.g. bookings or reservations not made).

8.2 If no notification is made by the customer in accordance with Clause 9.1, the following shall apply:

a) If the customer fails to notify us in accordance with Clause 9.1 through no fault of his own, his claims shall not lapse.

b) Claims of the customer against the agent shall lapse insofar as the agent proves that the customer would not have suffered any damage or would not have suffered the amount of damage claimed by the customer if proper notification had been made. This applies in particular if the agent proves that immediate notification by the customer would have enabled the agent to remedy the defect or reduce the damage, e.g. by rebooking, additional booking or cancellation with the procured service provider.

c) Claims of the customer in the event of failure to notify in accordance with Clause 9.1 shall not lapse

in the event of damage resulting from injury to life, limb or health caused by an intentional or negligent breach of duty by the agent or a legal representative or vicarious agent of the agent in the event of claims for compensation for other damage caused by an intentional or grossly negligent breach of duty by the agent or a legal representative or vicarious agent of the agent in the event of a breach of a material duty, the fulfilment of which is essential for the proper performance of the agency contract or the breach of which jeopardises the achievement of the purpose of the contract.

Liability for booking errors in accordance with § 651x BGB remains unaffected.

8.3 Any contractual and/or statutory obligation of the customer to notify the procured service provider of defects shall remain unaffected by Section 9.

8.4 In his own interest, the customer is requested to inform the agent of any special needs or restrictions with regard to the travel services requested.

9. OBLIGATIONS OF THE INTERMEDIARY IN THE EVENT OF COMPLAINTS BY THE CUSTOMER AGAINST THE INTERMEDIARY SERVICE PROVIDERS

9.1 Claims must be asserted against the procured service providers within certain deadlines, which may result from the law or contractual agreements. As a rule, these deadlines are not met by asserting claims against the agent. This also applies if the customer wishes to assert claims against both the agent and the service provider in respect of the same travel service.

9.2 In the event of complaints or other assertion of claims against the procured service providers, the agent's obligation is limited to providing the necessary information and documents known to him, in particular the names and addresses of the procured service providers.

9.3 If the agent - even without being obliged to do so - forwards the customer's letters of claim in compliance with the deadline, he shall only be liable for timely receipt by the recipient in the event of a failure to meet the deadline caused by him intentionally or through gross negligence.

9.4 With regard to any claims of the customer against the procured service providers, the agent is under no obligation to advise on the type, scope, amount, eligibility requirements and deadlines to be observed or other legal provisions.

10. IMPORTANT INFORMATION ON INSURANCE OF TRAVEL SERVICES

10.1 The Agent draws the Customer's attention to the possibility of taking out travel cancellation insurance at the time of booking in order to minimise the cost risk in the event of cancellation by the Customer.

10.2 Furthermore, the customer is advised that travel cancellation insurance does not usually cover any loss or damage that may arise if the customer cancels the use of travel services after their commencement, even if this is not the fault of the customer. As a rule, travel cancellation insurance must be taken out separately.

10.3 The agent also recommends ensuring that you have adequate health insurance cover when travelling abroad.

10.4 When arranging travel insurance, the customer is advised that the insurance conditions of the travel insurance brokered may contain special contractual conditions and/or obligations of the customer to cooperate, in particular exclusions of liability (e.g. in the case of pre-existing conditions), the obligation to cancel immediately in the case of travel cancellation insurance, deadlines for reporting claims and deductibles. The intermediary is not liable if he has not provided incorrect information regarding the insurance conditions and the travel insurer acting as an intermediary has a right to refuse payment to the customer on the basis of validly agreed insurance conditions.

11. LIABILITY OF THE INTERMEDIARY

11.1 Insofar as the Agent has not assumed a corresponding contractual obligation by express agreement with the Customer, it shall not be liable for the conclusion of contracts with the service providers to be brokered.

11.2 The Agent is not liable for defects and damages incurred by the Customer in connection with the travel service arranged. This does not apply in the case of an express agreement or assurance to this effect by the agent, in particular if this deviates significantly from the service description of the service provider.

11.3 Any liability of the agent in accordance with Section 651w (4) BGB and Section 651x BGB and arising from the culpable breach of agent obligations remains unaffected by the above provisions.

12. CONSUMER DISPUTE RESOLUTION

With regard to the Consumer Dispute Resolution Act, the Agent points out that the Agent does not participate in voluntary consumer dispute resolution. If a consumer dispute resolution becomes mandatory for the Agent after the printing of these Terms and Conditions for the procurement of travel services, the Agent shall inform the consumer of this in an appropriate form.

The agent refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr for all contracts for package holidays concluded in electronic legal transactions.

PART C: PROCUREMENT OF INDIVIDUAL TRAVEL SERVICES

PART C: REGULATIONS FOR THE PROCUREMENT OF INDIVIDUAL TRAVEL SERVICES OR SEVERAL TRAVEL SERVICES THAT DO NOT CONSTITUTE LINKED TRAVEL SERVICES WITHIN THE MEANING OF SECTION 651W BGB.

The provisions of this Part C on the arrangement of individual travel services shall apply if the travel service arranged is neither part of a package holiday nor part of linked travel services. In this case, no information of the customer by means of a form is required by law.

1. CONCLUSION OF CONTRACT, LEGAL PROVISIONS

1.1 The contract for the procurement of travel services is concluded between the customer and the agent upon acceptance of the customer's procurement order by the agent. Order and acceptance do not require any particular form.

If the order is placed electronically (e-mail, Internet, online booking form, fax, messenger services), the agent shall confirm receipt of the order electronically without delay. This confirmation of receipt does not constitute confirmation of acceptance of the placement order.

1.3 The rights and obligations of the customer vis-à-vis the contractual partner of the procured service shall be governed exclusively by the agreements made with the latter, in particular - insofar as effectively agreed - the latter's terms and conditions of travel or business. In the absence of any special agreement or reference, the conditions of carriage and fare regulations issued by the competent transport authority on a statutory basis or on the basis of international agreements shall apply to transport services.

2. GENERAL CONTRACTUAL OBLIGATIONS OF THE INTERMEDIARY, INFORMATION, NOTICES

2.1 The customer shall receive the best possible advice on the basis of these agency terms and conditions. Upon request, the agent will then make the booking enquiry with the service provider. After confirmation by the service provider, the obligation to perform includes handing over the documents relating to the travel service(s) arranged. This does not apply if it has been agreed that the service provider will send the documents directly to the customer.

2.2 When providing advice and information, the agent is liable within the framework of the law and the contractual agreements for the correct selection of the source of information and the correct forwarding to the customer. An information contract with a primary contractual obligation to provide information shall only come into existence if a corresponding express agreement has been made. The agent is not liable for the accuracy of the information provided in accordance with Section 675 (2) BGB unless a special information contract has been concluded.

2.3 Unless expressly agreed, the Agent is not obliged to determine and/or offer the most favourable provider of the requested travel service. Contractual obligations of the agent within the framework of "best price guarantees" given by him remain unaffected by this.

2.4 Unless expressly agreed, the Agent does not assume any guarantee within the meaning of Section 276 (1) sentence 1 BGB with regard to information on prices, services, booking conditions and other circumstances of the travel service and no procurement guarantee within the meaning of this provision with regard to information on the availability of the services to be arranged by the Agent.

2.5 The agent shall only accept special requests for forwarding to the service provider to be arranged. Unless expressly agreed otherwise, the agent is not responsible for the fulfilment of such special requests. These are also not a condition or contractual basis for the agency order or for the customer's booking declaration to be forwarded by the agent to the service provider. The customer is advised that special requests generally only become part of the contractual obligations of the service provider upon express confirmation by the service provider.

3. OBLIGATIONS OF THE INTERMEDIARY REGARDING ENTRY REQUIREMENTS AND VISA

3.1 The Agent shall inform the Customer about entry and visa regulations if a corresponding order has been expressly agreed. Otherwise, there is only a corresponding obligation to provide information or clarification if special circumstances known to the agent or obvious circumstances make express notification necessary and the corresponding information is not already contained in the offer documents available to the customer.

3.2 Corresponding information obligations of the agent are limited to the provision of information from current, industry-standard sources of information A special obligation of the agent to investigate does not exist without an express agreement to this effect. The agent can also fulfil his duty to provide information by referring the customer to the need to make his own specific enquiries with relevant information sources.

3.3 The above provisions shall apply accordingly with regard to information on customs regulations, health-related entry regulations, preventive health measures to be taken by the customer and his fellow travellers as well as import and export regulations.

3.4 If the Agent undertakes registration in electronic systems for the Customer, whether for a fee or free of charge, in order to obtain an entry permit as a prerequisite for entry into or transit through certain countries, the following shall apply: The assumption of this activity shall not constitute any obligation on the part of the Agent to make further enquiries or provide information on entry or transit formalities or on transit stops during the trip, and in particular not to obtain visas, without express agreement. The customer is advised that the electronic entry permit does not replace the final entry authorisation by the border authorities of the respective country.

3.5 The Agent is not obliged to procure visas or other documents required for the realisation of the trip without a special, express agreement. In the event that such an order is accepted, the agent may, without express agreement, demand reimbursement of the expenses incurred by him, which he may consider necessary under the circumstances. The agent may himself demand remuneration for his work if this has been agreed or if the work was only owed against corresponding remuneration in the circumstances.

3.6 The Agent shall not be liable for the issue of visas and other documents or for their timely receipt. This does not apply if the circumstances relevant to the non-issue or delayed receipt were culpably caused or contributed to by the agent.

4. POSITION AND OBLIGATIONS OF THE AGENT IN CONNECTION WITH THE BROKERAGE OF AIR TRANSPORT SERVICES

4.1 In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, the agent is obliged to inform the passenger of the identity of the operating airline at the time of booking. If the operating airline has not yet been determined at the time of booking, the agent shall provide the passenger with the information available from the airline that is likely to operate the flight. In the event of a change of airline, the customer shall be informed of the change without delay. The Community list of airlines subject to a flight ban in the European Union is available on the websites http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de.

4.2 The contractual relationship between the customer and the airline is governed by the statutory provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions and directly by domestic statutory provisions, where applicable,

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 air transport passengers of the identity of the operating air carrier

Regulation (EC) No 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air

5. REIMBURSEMENT OF EXPENSES, REMUNERATION, COLLECTION, PAYMENTS

5.2 The above provisions shall apply accordingly to cancellation costs (cancellation compensation) and other statutory or contractual claims of the procured service provider.

5.3 The customer may not offset the agent's own payment claims by way of retention or set-off against the fact that the customer has claims against the brokered service provider, in particular due to defective fulfilment of the brokered contract. This does not apply if a culpable breach of contractual obligations on the part of the agent is the cause or contributory cause of such claims arising or if the agent is liable to the customer for the counterclaims asserted for other reasons

6. DOCUMENTS RELATING TO THE TRAVEL SERVICES ARRANGED

6.1 Both the customer and the agent are obliged to check the contractual and other documents of the brokered service provider relating to the travel services that were handed over to the customer by the agent, in particular booking confirmations, flight tickets, hotel vouchers, visas, insurance certificates and other documents relating to the brokered travel services for correctness and completeness, in particular for conformity with the booking and the brokerage order.

6.2 If documents relating to the travel services arranged are not sent to the customer directly by the service provider arranged, they shall be handed over by the agent by post or electronically.

7. OBLIGATIONS OF THE CUSTOMER TO CO-OPERATE WITH THE INTERMEDIARY

7.1 The customer must notify the agent of any recognisable errors or defects in the agent's brokerage activities as soon as they are discovered. This includes, in particular, incorrect or incomplete details of personal customer data, other information, information and documents about the travel services brokered, as well as the incomplete execution of brokerage services (e.g. bookings or reservations not made).

7.2 If no notification is made by the customer in accordance with Clause 8.1, the following shall apply:

a) If the customer fails to notify us in accordance with Clause 8.1 through no fault of his own, his claims shall not lapse.

c) Claims of the customer in the event of failure to notify in accordance with Clause 8.1 shall not lapse

in the event of damages arising from injury to life, limb or health resulting from an intentional or negligent breach of duty by the intermediary or a legal representative or vicarious agent of the intermediary

in the case of claims for compensation for other damages that are based on an intentional or grossly negligent breach of duty by the intermediary or a legal representative or vicarious agent of the intermediary

in the event of a breach of a material obligation, the fulfilment of which is essential for the proper performance of the agency contract or the breach of which jeopardises the achievement of the purpose of the contract. Liability for booking errors in accordance with § 651x BGB remains unaffected.

7.3 Any contractual and/or statutory obligation of the customer to notify the procured service provider of defects shall remain unaffected by Section 8.

7.4 In his own interest, the customer is requested to inform the agent of any special needs or restrictions with regard to the travel services requested.

8. OBLIGATIONS OF THE INTERMEDIARY IN THE EVENT OF COMPLAINTS BY THE CUSTOMER AGAINST THE INTERMEDIARY SERVICE PROVIDERS

8.1 Claims must be asserted against the procured service providers within certain deadlines that may arise from the law or contractual agreements. As a rule, these deadlines are not met by asserting claims against the agent. This also applies if the customer wishes to assert claims against both the agent and the service provider in respect of the same travel service.

8.2 In the event of complaints or other assertion of claims against the procured service providers, the agent's obligation is limited to providing the necessary information and documents known to him, in particular the names and addresses of the procured service providers.

8.3 If the agent - even without being obliged to do so - forwards the customer's letters of claim in compliance with the deadline, he shall only be liable for timely receipt by the recipient in the event of a failure to meet the deadline caused by him intentionally or through gross negligence.

8.4 With regard to any claims of the customer against the procured service providers, the agent is under no obligation to advise on the type, scope, amount, eligibility requirements and deadlines to be observed or other legal provisions.

9. IMPORTANT INFORMATION ON INSURANCE OF TRAVEL SERVICES

9.1 The Agent draws the Customer's attention to the possibility of taking out travel cancellation insurance at the time of booking in order to minimise the cost risk in the event of cancellation by the Customer.

9.2 Furthermore, the customer is advised that travel cancellation insurance does not usually cover any loss or damage that may arise if the customer cancels the use of travel services after their commencement, even if this is not the fault of the customer. As a rule, travel cancellation insurance must be taken out separately.

9.3 The agent also recommends ensuring that you have adequate international health insurance cover when travelling abroad.

9.4 When arranging travel insurance, the customer is advised that the insurance conditions of the travel insurance brokered may contain special contractual conditions and/or obligations of the customer to cooperate, in particular exclusions of liability (e.g. in the case of pre-existing conditions), the obligation to cancel immediately in the case of travel cancellation insurance, deadlines for reporting claims and deductibles. The agent is not liable if he has not provided incorrect information regarding the insurance conditions and the travel insurer has a right to refuse to pay benefits to the customer on the basis of validly agreed insurance conditions.

10. LIABILITY OF THE INTERMEDIARY

10.1 Insofar as the Agent has not assumed a corresponding contractual obligation by express agreement with the Customer, it shall not be liable for the conclusion of contracts with the service providers to be brokered.

10.2 The agent is not liable for defects and damages incurred by the customer in connection with the travel service arranged. This does not apply in the case of an express agreement or assurance to this effect by the agent, in particular if this deviates significantly from the service description of the service provider.

10.3 Any liability of the Agent arising from the culpable breach of the Agent's obligations shall remain unaffected by the above provisions.

11. CONSUMER DISPUTE RESOLUTION

The agent refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr for all contracts for package holidays concluded in electronic legal transactions.