This is an automatic translation of the German version, referring to German Law. Only the German version in its original form applies in case of dispute.
General terms and conditions of business
1. General
Dear customer, the following terms and conditions, insofar as they have been effectively agreed, become the content of the contract between the customer and the travel agent
Alexander Friesl, Wernerstr. 8, 71691 Freiberg aN, Germany
coming travel agency contract. They supplement and complete the legal provisions applicable to the travel agency contract. Please read these terms and conditions carefully before booking!
2. Conclusion of Contract, Applicable Law
2.1 The conclusion of the contract does not require a specific form. With the placement of the mediation order (e.g. by payment / advance payment of the invoice / booking confirmation), the travel agency contract comes into existence between the customer and the travel agent as an agency contract.
2.2 If the order is placed electronically (e-mail, internet), the travel agent will immediately confirm receipt of the order electronically. This confirmation of receipt does not yet constitute confirmation of acceptance of the mediation order.
2.3 The mutual rights and obligations of the customer and the travel agent result from the contractual agreements made in individual cases (in particular with regard to the type and scope of the agency contract), these terms and conditions and the statutory provisions, in particular §§ 651a ff BGB in conjunction with Art. 250ff. EGBGB and §§ 675, 631 et seq. BGB on paid business management.
2.4 For the rights and obligations of the customer towards the contractual partner (travel company / service provider) of the mediated service, the agreements made with them apply exclusively, in particular – if agreed effectively – their travel or business conditions.
3. General contractual obligations of the travel agent, information, notes
3.1 The travel agent’s contractual obligation to perform, in accordance with these terms and conditions, consists of taking the necessary actions to carry out the brokerage order in accordance with the customer’s booking order and the corresponding advice, as well as processing the booking, in particular handing over the travel documents, insofar as these are not sent directly to the customer in accordance with the agreements made with the respective travel company/service provider.
3.2 When providing advice and information, the travel agent is liable within the framework of the law and the contractual agreements for the correct selection of the information source and the correct disclosure to the customer.
3.3 An information contract with a main contractual obligation to provide information only comes about if there is a corresponding express agreement.
3.4 The travel agent is not liable for the accuracy of the information provided in accordance with Section 675 (2) of the German Civil Code, unless a special information contract has been concluded.
3.5 Without an express agreement, the travel agent is not obliged to determine and/or offer the cheapest provider of the requested travel service.
4. Obligations of the travel agent regarding insurance
4.1 The travel agent is obliged to inform the customer whether the travel services arranged by him include travel cancellation insurance.
4.2 There is no further obligation regarding the scope, the coverage and the insurance conditions of travel insurance, unless otherwise expressly agreed in this regard. Insofar as the object of the mediation is travel insurance, the travel agent is not obliged to provide information, in particular insofar as the customer can obtain information about the insurance conditions from the documents provided or available by the provider of the mediated travel service or the insurance documents.
5. Position and obligations of the travel agent in connection with the brokerage of tickets for certain scheduled airlines
5.1 The following provisions only apply to the brokerage of flights with certain airlines that have been designated by the travel agent in general, in particular by posting them on his business premises or in some other way before or when accepting the brokerage order.
5.2 The travel agent is connected to the named airlines on the basis of special contractual agreements and the statutory provisions within the framework of an agency relationship.
5.3 However, the travel agent acts towards the customer exclusively as an agent of an air carriage contract between the customer and the respective airline. As part of this double position, he must therefore observe contractual and legal provisions both for the customer and for the airline.
5.4 The travel agent has no obligation to perform or liability with regard to the arranged flight service. Any liability of the travel agent resulting from a culpable breach of his duties as a travel agent remains unaffected.
5.5 The prices quoted and invoiced are gross final prices (unless otherwise expressly agreed with regard to taxes and airport fees) and include a remuneration calculated by the travel agent for his work for the customer. In the event of a rebooking, a change of name, withdrawal or non-use, the travel agent can collect the fees required by the airline for this and also demand a processing fee agreed in individual cases or by notice.
5.6 The travel agent has been commissioned by the airline to collect the fare and other fees to be charged by the airline and is liable to the airline for payment. Any payment made by the airline to the travel agent for this collection activity has no influence on the price to be paid by the customer.
5.7 The travel agent can assert claims of the airline in its own name both in and out of court.
5.8 For the contractual relationship between the customer and the airline, the statutory provisions of the German Air Traffic Act for domestic flights and – insofar as applicable to the respective flight – directly, like domestic statutory provisions, the provisions of the Montreal Convention apply. In addition, the General Conditions of Carriage of the respective airline apply, insofar as they have been effectively agreed.
6. Reimbursement of expenses, remuneration, debt collection, payments
6.1 The travel agent is entitled to demand advance payments in accordance with the travel and payment terms of the mediated company, insofar as these have been effectively agreed and contain legally effective advance payment provisions.
6.2 The travel agent is commissioned by the mediated travel company / service provider to collect the service price and other fees to be demanded from the service provider and is liable to them for payment. Any payment made by the travel company / service provider to the travel agent for this collection activity has no influence on the price to be paid by the customer.
6.3 The above regulations also apply accordingly to cancellation costs (cancellation compensation) and other legal or contractual claims of the mediated travel company.
6.4 The customer cannot counter a claim for payment by the travel agent against the mediated travel company / service provider, in particular due to defective fulfillment of the mediated contract, by way of retention or offsetting, unless a culpable breach of contractual obligations by the travel agent is the cause or contributory cause of the occurrence of such claims or the travel agent is liable for other reasons towards the travel customer for the counterclaims asserted.
6.5 For payments to the travel agent made by SEPA core direct debit, the COR1 variant is used with a shorter lead time of one day.
7. Bookings, Payments / Cancellations
7.1 The final confirmation of the mediated travel service by the traveler is made by paying the travel price to the travel agent within the specified payment period. Late payment can mean that the mediated travel service is no longer available. In this case, an alternative service will be arranged in consultation with the customer or a claim that may have been settled late, as described above, will be reversed.
7.2 Cancellation / Refund
Consumers have a statutory right of withdrawal. You can revoke your contract declaration within two weeks in text form without giving reasons. The period begins at the earliest when you receive this instruction or when you send the invoice with the link to these terms and conditions. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. In the case of short-term registrations, less than 14 days before the start of the course/travel, the right of withdrawal does not apply. Rebookings are also no longer possible in this case.
7.2.1 Cancellation/withdrawal from an individual trip by the customer
The traveler can then cancel the arranged trip free of charge without giving reasons up to the deadline stated in the confirmation (unless otherwise stated in the arrangement invoice 72 hours before check-in) without giving reasons and will be reimbursed 100% of the paid travel amount.
If canceled later, there will be no refund.
7.2.2 Cancellation / withdrawal from a guided trip, group trip or training trip or a training / further education event
With a written declaration, the participant can also withdraw from a bindingly booked event after the above-mentioned period. The following fees apply:
- from 90 days before the start of the trip/course: 20% of the trip/course price
- From 30 days before the start of the trip/course: 30% of the trip/course price
- Less than 21 days before the start of the trip/course: 50% of the trip/course price
- From 14 days before the start of the journey/course: 70% of the journey/course price
- From 7 days before the start of the course, in the event of non-attendance or withdrawal during the course, the entire course fee must be paid or the fees will not be refunded
If the participant provides a suitable replacement person, the cancellation fees listed above do not apply. However, this does not apply in the event that the replacement person was already registered for a later appointment and is no longer attending the appointment he or she originally booked.
In the event of a trip not taken or early departure, no
refund will be given.
The participant bears the risk if he/she is unable to participate in the course/trip due to illness, injury or other private reasons .
Travel cancellation insurance is not included in the travel or course price. We recommend taking out such insurance at the time of booking. Cancellations are only accepted in writing by email or in the same way that the booking was made.
The weather risk is at the expense of the traveler (LG Hannover, judgment of August 17th, 2009, Az.: 1 O 209/07). In the case of trips and other training courses, there is no entitlement to a minimum number of flights or reimbursement in the event of unflyable weather.
7.3 Depending on the type of course, trip or training, a minimum number of participants is required to hold a guided group trip / further training.
If the minimum number of participants is not reached, the organizer can withdraw from the contract . In this case, the course participant can book another date or request a refund of the payment made. If the course fee for the selected alternative date is higher than the amount originally paid due to a possible price increase, the course participant must pay the corresponding difference.
7.4 If travel services are made significantly more difficult or endangered as a result of force majeure that was not foreseeable at the time of mediation, or if they cannot be offered due to force majeure, these will be reimbursed by the agent. The aforementioned weather risk remains unaffected.
7.5 Refunds based on cancellation or refusal will be refunded within 14 days to the account used by the traveler for payment or another account of their choice.
8. Independent compensation claims of the travel agent
Independent compensation claims of the travel agent against the customer require a corresponding agreement, which can also be made by clearly visible posting of price lists in the business premises of the travel agent and a corresponding verbal or written reference to this by the travel agent.
9. Travel Documents
9.1 Both the customer and the travel agent are obliged to check the contractual and travel documents of the mediated travel company/service provider, which were given to the customer by the travel agent, in particular booking confirmations, hotel vouchers, insurance certificates and other travel documents, for correctness and completeness, in particular for compliance with the booking and the mediation order.
9.2 The customer is obliged to inform the travel agent immediately of any errors, discrepancies, missing documents or other discrepancies that are apparent to the customer. If the customer does not comply with this obligation, the travel agent’s obligation to pay compensation for damage incurred by the customer as a result may be restricted or completely excluded in accordance with the statutory provisions on the obligation to mitigate damages (§ 254 BGB). The travel agent is not obliged to pay compensation if the circumstances described in 9.1 were not recognizable to him.
10. References to passport, visa, currency or health regulations
10.1. The traveler is responsible for complying with any passport, visa, foreign exchange and/or health regulations in the respective destination country. We therefore recommend that you find out about this as early as possible from the authorized offices (consulates, embassies, foreign office, etc.).
10.2. The travel agent cannot guarantee that the information provided on his website is correct, up-to-date or complete.
11. Obligations of the travel agent in the event of customer complaints towards the mediated travel company / service provider
11.1 Claims against the mediated service providers must be asserted within certain periods that may result from the law or contractual agreements.
11.2 In the event of complaints or other assertion of claims against the mediated company, the obligation of the travel agent is limited to providing the necessary and known information and documents, in particular the notification of the names and addresses of the mediated companies.
11.3 If the travel agent takes over the forwarding of letters of claim from the customer that meet the deadline, he is only liable for timely receipt by the recipient if he himself missed the deadline intentionally or through gross negligence.
11.4 With regard to any claims of the customer against the mediated travel company / service provider, the travel agent is also not obliged to advise on the type, scope, amount, eligibility requirements and deadlines to be observed or other legal provisions.
12. Liability of the travel agent
12.1 Insofar as the travel agent has not assumed a corresponding contractual obligation by express agreement with the customer, he is not liable for the conclusion of contracts with the travel company to be mediated that correspond to the booking request of the customer.
12.2 Without an express agreement or assurance in this regard, the travel agent is not liable for defects in the provision of services and personal injury or property damage that the customer incurs in connection with the arranged travel service.
12.3 Any liability of the travel agent arising from the culpable violation of agent obligations remains unaffected by the above provisions.
13. Choice of Law and Venue
13.1 German law applies exclusively to the entire legal and contractual relationship between the customer and the travel agent.
13.2 The customer can only sue the travel agent at his registered office.
13.3 The place of residence of the customer is decisive for complaints by the travel agent against the customer. For lawsuits against customers who are merchants, legal entities under public or private law or persons who have their domicile or habitual abode abroad or whose domicile or habitual abode is not known at the time the lawsuit is filed, the place of jurisdiction is the registered office of the travel agent.
13.4 For customers who are not members of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the customer and the travel agent. Such customers can only sue the travel agent at his registered office.
14. Dispute settlement procedure before a consumer arbitration board
The travel agent is not willing and obliged to participate in dispute settlement procedures before a consumer arbitration board.
15. Privacy
15.1. With regard to the processing of your data required for the execution of a contract, the travel agent is the responsible body within the meaning of the Federal Data Protection Act.
15.2. If your data related to this contract is processed or used for advertising or market or opinion research purposes, you have the right to object to such processing or use in the future by raising an objection. If your electronic postal address (e-mail address) is used, this applies without incurring any costs other than the transmission costs according to the basic tariffs.
15.3. The travel agent uses the data you provide to provide the services you have commissioned us with (e.g. travel booking, payment processing, booking of additional products).
15.4. Your data will be passed on to the companies involved in the execution of the contract, insofar as this is necessary for the provision of the services incumbent on us. To process payments, we pass on your payment data to payment service providers. SSL (Secure Socket Layer) security software is used when transmitting your payment details/data. This encrypts your information during transmission.
15.5. At our instigation, your data will not be processed in countries outside the scope of Directive 95/46/EC of the European Parliament and of the Council of October 24, 1995 on the protection of natural persons with regard to the processing of personal data and on the free movement of data (OJ EC No. L 281 p. 31), unless the contract requires services to be provided by providers who are based outside the European Economic Area (EEA) (third countries).
15.6. Your data will be deleted at the latest when, to our knowledge, your personal data is no longer required to fulfill the purpose of storage and any retention periods under tax and commercial law have expired. Other legal obligations for storage, deletion or blocking remain unaffected.
15.7. The travel agent will never ask you to send your complete credit card or identity card details by e-mail, fax, post or other unencrypted connection. If you receive such a request, please ignore it and inform the travel agent immediately. Due to the identity check and fraud prevention, you may then be asked to send us an image of your ID card by email.
The travel agent will not assume any liability for damage resulting from the unsolicited sending of credit card data.
15.8. The travel agent newsletter: As part of this contract (purchase of goods or ordering a service) you give us your e-mail address. We will be happy to send you our newsletter, provided you do not object to the following consent to the use of your e-mail address for sending the newsletter during the booking process.
15.9. A separate explanation on data protection www.paragliding-turkey.com/datenschutzerklaerung/ provides information on which personal data we or third parties collect to what extent solely because of the user’s visit to this website and how this information is used (data processing according to the Telemedia Act).
16. Final Provisions
Should one or more provisions of these general terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
Travel agent:
Alexander Friesl
Wernerstr. 8th
71691 Freiberg aN
0049179/1720391
Tax number: 7107963167
VAT ID: DE254455576
As of July 2018