Data protection / ABG
Terms and Conditions (GTC)
1. Preliminary remark
2. Privacy Policy
3. Conditions of placement
1. Scope
2. Arranging travel and other services for third parties
3. Service fee
4. Inclusion of the general terms and conditions of the organizers and service providers
5. Obligations of the customer
6. Issue and dispatch of flight tickets / identity of the operating airlines for booked flight services
7. Insurance
8. Payment of the price
9. Liability
10. Dispute settlement procedure before a consumer arbitration board
1. Preliminary remark
Dear travel customer,
please pay attention to the information below. Here are some explanations of the important terms that are regularly used below:
organizer
Anyone who offers - at least - two individual travel services specified in advance as a whole (Section 651a BGB), for example hotel and flight in a package specified in advance. Contractors are the traveler and the organizer of the trip. A security certificate must be issued (Section 651k BGB). The travel agency can - rather exceptionally - also be the organizer of the trip.
Intermediary
The one who mediates the travel services between the traveler and the organizer / service provider of the trip (§§ 675, 631 BGB). The travel agency is usually the travel agent.
Top performers
The person who provides a service in the travel contractual relationship, i.e. the hotel, the airline, etc.
Travel contract law
The consumer protection law according to § 651a ff. BGB for the initiation and implementation of a (package) trip. Regulates the relationship between the traveler and the organizer of the trip.
Associated travel services
Associated travel services exist when the traveler books two different services for the same trip through an agent, but separate contracts are created with the respective service providers, when contacting the travel agent or by concluding a contract within 24 hours through targeted mediation by the travel agent.
If you book individual services such as transport or accommodation separately (individually or in the form of a so-called connected travel service), please also note the general terms and conditions of the respective service provider. If you book a package tour, the general terms and conditions of the tour operator with whom you booked the trip must be observed.
If you book a package tour via this website / or in our office, please note our brokerage conditions.
If you would like to book a package tour offered by us, please note our general travel conditions. The general terms and conditions of the other organizers or service providers will be made available to you during the respective booking process.
2. Privacy Policy
Please also note our data protection declaration for this website, which also applies in addition to the following provisions.
General data protection declaration
We take the obligation to data protection very seriously and design our services so that only necessary personal data is collected, processed and used. We only have access to personal data to those persons who need data to carry out tasks, who are aware of their statutory provisions on data protection and who are informed in accordance with the applicable regulations (Section 5 of the Federal Data Protection Act (BDSG) or Art. 5 of the EU General Data Protection Regulation GDPR) to comply with them.
Changes in the purpose of processing and data use
Since the processing methods used change / develop further due to technical progress and organizational changes, we can further develop the data protection declaration in accordance with the new technical and organizational framework conditions. We therefore bit you to review our privacy policy from time to time. If YOU do not agree with the further developments occurring over time, you can request in writing in accordance with Art 17 GDPR, a deletion of the data that is not stored on the basis of other legal requirements, such as commercial or tax retention obligations.
Data collection and storage / use and disclosure
The personal data collected as part of our services will only be used without your consent to process contracts and your inquiries / bookings. This means that if you make a booking through us and our website, the personal data you provide, in particular your booking and contact details (surname, first name, address, email address, telephone number), and possibly the data in travel documents ( Passport number, passport data, date of birth,), possibly the data on the method of payment and in connection with payments as well as other data you provide to fulfill our contractual obligations and processing your trip, stored, processed and, if necessary for the booking, to third parties, e.g. b. booked service providers such as tour operators or hotels.
In addition, your data will only be used, e.g. for advertising purposes, if you have given your prior consent. You can of course revoke your respective consent in this regard at any time with effect for the future. The contact details required for this can be found in the legal notice. The processing and use of your personal data takes place in accordance with the requirements of the BDSG or, from May 25, 2018, the GDPR.
Export and processing of data in countries outside the European Economic Area
Your personal data will not be exported to countries outside the European Economic Area (hereinafter EEA), unless it can be seen from the booking that the specified data is also transmitted to third parties in third countries, e.g. for the fulfillment of a contract (Art. 49 GDPR) , is necessary and when indicated in this data protection declaration.
What are the special features of traveling to the USA?
Due to a US federal law on homeland security and counter-terrorism, airlines are forced to provide the flight and reservation details of each individual passenger to the US immigration authorities prior to entry. Entry into the USA is not possible without this data transfer. This data is collected by the American Customs and Border Protection Agency (CBP) and can only be passed on to other authorities on a case-by-case basis.
General legal basis for processing.If the processing of personal data is necessary to fulfill a contract to which the data subject is a party, as is the case, for example, when processing your travel bookings, the processing is based on Art. 6 I lit. b GDPR. The same applies to processing operations that are required to carry out pre-contractual measures, for example in cases of inquiries about our products or services.
If our company is subject to a legal obligation that requires the processing of personal data, such as to fulfill tax obligations or due to the special features of entering the USA, the processing is based on Art. 6 I lit. c GDPR.
In rare cases, it may be necessary to process personal data in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor to our company were injured and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Article 6 I (d) GDPR.
Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the person concerned do not prevail. We are particularly permitted to carry out such processing operations because they have been specifically mentioned by the European legislator. In this respect, he took the view that a legitimate interest could be assumed if the person concerned is a customer of the person responsible (recital 47 sentence 2 GDPR).
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose.
Your rightsAs a person concerned, you have the right to request information about the data stored about you and the scope of the data processing and transfer carried out and to receive a copy of the personal data stored about you.You also have the right to immediately request the correction of incorrect personal data relating to you and the completion of incomplete personal data stored about you.You also have the right to request the immediate deletion of the personal data stored about you if the legal requirements are met. Please note that your right to erasure may be subject to restrictions. For example, we do not have to or may not delete any data that we still have to keep due to legal retention periods. Data that we need to assert, exercise or defend legal claims are also excluded from your right to erasure.You have the right, under certain conditions, to request the restriction of processing (i.e. the marking of stored personal data with the aim of restricting their future processing).In addition, everyone affected by the processing of personal data has the right to receive free information at any time from the person responsible for the processing about the personal data stored about him and a copy of this information: Please address all requests for information to the responsible office in the imprint.Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, your place of work or the place of the alleged violation, if you are of the opinion that the processing of your personal data is against violates the GDPR. The supervisory authority to which the complaint was lodged informs the complainant about the status and the results of the complaint, including the possibility of a judicial remedy in accordance with Art. 78 GDPR.
External links
For your information, you will find links on our website that refer to third-party websites. If this is not clearly recognizable, we point out that it is an external link. The responsible body has no influence whatsoever on the content and design of these pages from other providers. The guarantees of this data protection declaration therefore do not apply to external providers.
Below you can find:
3. our brokerage conditions for the cases in which we are the broker of the trip or service,
4. our travel conditions for the cases in which we ourselves are the organizer of the trip
3. Conditions of placement
3.1 Scope
The following brokerage conditions apply to our brokerage services. The user of the website can examine the availability of trips and other services according to his wishes and information and book trips and other services. General travel information and advice is also available.
3.2 Arranging travel and other services for third parties
We act as an intermediary between the organizer of (package) trips and other service providers and the customer (user of this website) and are not involved as a contractual partner in the provision of the travel service. Our contractual obligation is therefore limited to the mediation of the offered and existing trips or services. Anything else only applies if we are named or identified as the organizer in the offer of services; in this case, our travel conditions set out in point 4 apply.
The offers presented by us on the Internet do NOT represent a binding offer of contract from us or the respective organizer or service provider. By entering his data and submitting the online booking form, however, the customer submits a binding contract offer. The contractual relationship is concluded when the customer receives a declaration of acceptance. Any confirmations of receipt declared by us (ie the mere confirmation that we have received the brokerage order) do not constitute acceptance of the offer. The contract with the customer is concluded with an available trip or service with the organizer or service provider if the latter accepts the offer explained by the customer.
We do not assume any liability for the implementation of the travel services / offers presented or booked on the website and do not give any guarantees for the suitability or quality of the travel services / offers presented on the website. The respective organizer / service provider with whom the customer concludes the contract is responsible for this.
3.3 Service Fee
As part of an agency agreement, the customer instructs us to advise him on the services of the organizers or service providers and to mediate them. In some cases, service fees are charged for this.
The service fee is to be paid in addition to the claims of the organizer or service provider and is due immediately. As part of the brokerage of package tours, the customer only has to pay a service fee for special services of the broker listed in the price list, unless something else is individually agreed.
3.4 Inclusion of the general terms and conditions of the organizers and service providers
For the contractual relationship between the customer and the organizer or service provider, the contractual conditions agreed there and the general terms and conditions (GTC) of the respective organizer or service provider or their service providers apply. These contractual conditions and the general terms and conditions (GTC) are named and made available in the individual service tenders. In it z. B. Payment conditions, provisions on due dates, liability, cancellation, rebooking and repayment as well as other rights and obligations are regulated. The customer is obliged to inform himself about the exact content of the applicable contractual conditions and general terms and conditions (GTC) in the information sources offered, in particular insofar as these are offered through reproduction on the website. The customer cannot rely on the ignorance of contract conditions and terms and conditions made available to him in this way in a reasonable manner.
3.5 Customer Obligations
The customer is obliged to ensure that the contract and travel documents handed over to him by the mediated tour operator / service provider, in particular booking confirmations, flight tickets, hotel vouchers, visas, insurance certificates and other travel documents, are correct and complete, in particular that they match the booking and the brokerage order, to check. You are obliged to notify us immediately of any errors, discrepancies, missing documents or other discrepancies. If you fail to comply with this obligation, our liability to pay compensation for any damage you may incur as a result of the statutory provisions on the obligation to minimize damage (Section 254 of the German Civil Code) can be limited or completely excluded.
We must also be notified of any other defects in our brokerage service immediately. We must be given the opportunity to remedy the situation. If this notification is culpably not made, any claims of the customer from the agency contract are void, as far as a reasonable remedy would have been possible by us. Claims arising from tortious liability remain unaffected.
We are deemed to have been authorized by the tour operator to receive notifications of defects and other declarations from the traveler regarding the provision of the travel services and will notify them immediately of your notifications of defects and declarations. We are neither obliged nor entitled to check the notification of defects for correctness or to provide advice on any claims.
3.6 Issue and dispatch of flight tickets / identity of the operating airlines for booked flight services
The airline creates an electronic ticket ("e-ticket"), which is usually sent with an electronic booking code in text form (usually by email). This must be presented by the traveler at check-in together with an identification document (identity card or passport).
In accordance with EU regulation VO 2111/05, we hereby draw your attention to the travel agent's obligation to inform the traveler of the identity of the operating airline for all transport services on the outward and return flight prior to the conclusion of the contract, provided that the airline has already been determined before the conclusion of the contract. In this respect, we refer to the information in the respective service description about the airlines used. If the airline has not yet been determined, we will inform you about the airline that is expected to operate the flight before the contract is concluded. As soon as the airline is determined, we will make sure that you get the information about this as soon as possible. This also applies to any changes made to the airlines performing the flight service.
3.7 Insurance
We point out the possibility and possible necessity of taking out suitable insurance, in particular travel cancellation insurance and / or insurance to cover repatriation costs in the event of an accident or illness, luggage insurance, foreign health insurance.
The examination of the necessity of taking out and the suitability of one of the named or other insurance policies is the sole responsibility of the customer.
3.8 Payment of the price
Insofar as we invoice travel or other services and collect related payments, this is done in the name and for the account of the respective organizer or service provider. The rights to collect the service fees due to us remain unaffected.
The terms of payment are based on the general terms and conditions (GTC) as well as other regulations of the respective organizer or service provider. Insofar as we accept payments for organizers of a package tour, we may only request and accept payments on the tour price before the end of the trip after the security certificate has been issued within the meaning of § 651 r Para. 4 BGB. When arranging related travel services, we are only allowed to accept payments if we have provided the customer money protection required in accordance with Section 651 w (3) of the German Civil Code (BGB) and have given you the corresponding security certificate.
We reserve the right to pass on any chargeback fees for credit card payments or direct debits to the customer.
3.9 Liability
We are not liable for the success of the mediation or the provision of the service itself, but only for ensuring that the mediation is carried out with the necessary care. When providing advice and information within the framework of the law, we are liable for the careful selection of the source of information and the correct disclosure to the customer. There is no liability for the correctness of the information provided in accordance with Section 676 of the German Civil Code (BGB). This does not apply if a special information contract has been concluded or there is an express legal obligation to provide information.
We make every reasonable effort to ensure that the information, software and other data available on the website, in particular with regard to prices, restrictions and deadlines, are up-to-date, complete and correct at the time of publication.
We do not accept any liability for the correctness, completeness, reliability or admissibility of third-party content, unless we are legally responsible for this.
We are not liable for any loss, destruction or damage to the documents for which we are not responsible in connection with the shipment. The individual details of the (package) trips and services are based on the information provided by the organizer or service provider. These do not represent a guarantee on our part. All the services presented on the website are only available to a limited extent. We are not liable for the availability of a service at the time of booking. This does not apply if we were aware of incorrect or inaccurate information or if we had to be aware of the care that is customary in the trade and industry. In this respect, however, our liability for knowing such circumstances is limited to cases of intent or gross negligence.
3.10 Dispute settlement procedure before a consumer arbitration board
The mediator is not obliged to participate in dispute settlement proceedings before a consumer arbitration board and also does not take part in a dispute settlement procedure before a consumer arbitration board.