General terms and conditions of business
of the TravelBroker GmbH
§1 Positioning of TravelBroker GmbH
TravelBroker GmbH markets residual and special capacity, in particular for tourist and leisure-based services, on behalf of the relevant service provider and acts as the latter’s commission agent. TravelBroker GmbH is only a broker in respect of end clients/consumers (hereinafter: the client); the contract for services itself is concluded with the relevant service provider. Details of the services offered are based on information provided by the relevant service provider to TravelBroker GmbH and do not represent a guarantee or implied assurance on the part of TravelBroker GmbH.
§2 TravelBroker GmbH’s liability for services
In its role as a broker, TravelBroker GmbH’s liability to the client extends only to correctly brokering the conclusion of the contract and not to the services provided themselves. Only a procurement of services contract (Geschäftsbesorgungsvertrag) under § 675, 631 of German Federal Law (BGB) is concluded between TravelBroker GmbH and the client.
§3 Data protection
TravelBroker GmbH collects and processes the data received from the client in order to complete the contract (these are forwarded to the service provider for this reason) and to provide the client with information about further current offers (e.g. via a newsletter). The client may cancel use of such information for further offers at any time. A short notification addressed to the TravelBroker GmbH contact details listed at the end of these terms and conditions is required for the client to exercise his/her rights under the Federal Data Protection Act (BDSG) e.g. § 28 section 4 BDSG, §§ 34, 35 BDSG.
§4 Validity of information
Advertisement of scope of services and price can take into account only the circumstances obtaining at the time of the most recent update and mistakes may occur even when the greatest care has been taken. For this reason, the right to make changes is reserved until the contract is concluded.
§5 Conclusion and content of the main contract
By making a booking, the client concludes a binding contract with the service provider via TravelBroker GmbH on the basis of the scope of services and price advertised. Once the contract is concluded, TravelBroker GmbH will send the client an order confirmation by email, for which TravelBroker GmbH will require a functioning email address from the client. Before submitting the booking, the client should thus check that his/her current email address is stated on the booking or has been submitted to the internet sales platform. The client should empty his/her inbox regularly to ensure that it is capable of receiving mail.
The main contract shall be subject to the provisions of law, modified or supplemented with the terms and conditions of the relevant service provider where appropriate and where these are incorporated into the contract with legal effect. Where required, you will be shown the service provider’s general terms and conditions of business that are to be incorporated into the contract in the course of the booking procedure and before submitting the booking order. TravelBroker GmbH strongly recommends that you print or save these terms and conditions, as the terms and conditions of the relevant service provider may change from time to time and the version incorporated at the time of the conclusion of the contract may no longer be obtainable on the net at a later date.
§6 Cancellation rights
If the client books a service via TravelBroker GmbH in the accommodation, carriage, delivery of food or drinks or leisure activity sectors in which the time or period for actual performance of the service is binding at the time of the conclusion of the contract, there is no right cancel.
In cases where there is a right to cancel, you are reminded of the applicable deadlines, the addressee and the consequences of cancellation and are referred to the comprehensive cancellation notice that TravelBroker GmbH supplies as a precautionary measure with every order confirmation.
§7 payment/sending Travelticket
The agreed payment is due when the contract is concluded and is to be made using the payment methods offered via the relevant internet sales platform or by bank transfer upon receipt of the order confirmation.
For the delivery of the Travelticket the TravelBroker GmbH require a functioning email address for the client. Before submitting the booking, the client should thus check that his/her current email address is stated on the booking or has been submitted to the internet sales platform. The client should empty his/her inbox regularly to ensure that it is capable of receiving mail.
§8 Performance of the main contract/request for performance
Performance of services is only possible once the Travelticket has been received (i.e. after payment) (see above under “payment/sending Travelticket”).
If the redemption date has not been bindingly fixed in the Travelticket, the desired redemption date must be requested and reserved with the service provider in advance, with express reference to the Travelticket supplied by TravelBroker GmbH and observing the limitations imposed upon the redemption date, arrival time or availability periods made in the contractual agreement contained in the main contract. The Travelticket are based as a rule on a limited special quota and it may thus be possible that this quota has been booked out for the desired period even if available capacity can still be booked on other internet sales platforms.
§9 TravelBroker GmbH’s liability
TravelBroker GmbH’s liability arising from the services procurement contract for any damages except physical injury shall be limited to three times the price of the services procured. TravelBroker GmbH shall however have unlimited liability in the event of wilful intent or gross negligence.
§10 Expiration of claims against TravelBroker GmbH
Any claims against TravelBroker GmbH arising from the services procurement contract shall expire after one year. Expiry shall begin at the end of the calendar year in which the service in the main contract is to be performed according to the content of the order confirmation, as any possible faults by TravelBroker GmbH in procuring the service may only then become apparent to the client.
§11 Alternative Dispute Resolution
§11.1 The EU Commission provides a platform for online dispute resolution on the Internet at: www.ec.europa.eu/consumers/odr
This platform serves as a point of departure for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
§11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer sacking agency.
§12 Code of Conduct
The seller has submitted to the conditions of participation for the eCommerce initiative "fairness in the trade". For more information, see the seller's imprint.
Trifthofstraße 58 a
82362 Weilheim i. OB
Tel: +49 (0)881-92549-33
Fax: +49 (0)881-92549-34
Terms and Conditions download as a PDF file.