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  • Legal: Terms & Conditions

General Terms and Conditions for Travel Arrangements

 

Preliminary Note

Dear Customers, We are delighted to book your vacation—the best time of the year. We are happy to arrange a package tour from a tour operator for you, or simply hotel accommodations, a single flight, or a combination thereof.

Please note that for every booking, we act solely as an intermediary, and the contract(s) are concluded between you and the tour operator (in the case of a package tour) or the individual service provider (in the case of a single service or linked travel arrangements). The travel, accommodation, rental, or transportation terms and conditions of your contractual partners, with which you are familiar, apply.

Please also take note of the following explanations of important terms that are regularly used:

  • A tour operator is a party that offers—at least—two different travel services determined in advance as a package (§ 651a BGB), for example, a hotel and flight in a pre-determined bundle. As the traveler, you and the tour operator of the trip you have booked become the contracting parties.

  • An agent is a party that arranges travel services between the traveler and the tour operator or service provider for the trip (Sections 675, 631 of the German Civil Code (BGB)). We are the agent.

  • Service Provider refers to the party that provides an individual tourism service, such as the hotel, the airline, the car rental company, etc.

  • Travel Contract Law refers to consumer protection law under § 651a et seq. of the German Civil Code (BGB) governing the arrangement and execution of a (package) trip. It regulates the relationship between you, as the traveler, and the tour operator or the individual service provider of a specific service.

  • Linked travel arrangements exist when you book two different travel services for the same trip through us as an agent, but separate contracts are formed with the respective service providers—either upon contacting us as an agent or through the conclusion of a contract within 24 hours as a result of our targeted arrangement of the second service as a travel agent.

  • An individual service is a single tourism service, such as a hotel, a rental car, or a flight, that was arranged by us as an agent and for which a contract is concluded with the service provider we arranged.

The following general and special terms and conditions of agency apply to our agency services in connection with the arrangement of package tours, linked travel services, and individual services.

A. General Terms and Conditions of Agency

1. Scope of Application These General Terms and Conditions of Agency apply exclusively when we act as an agent for package tours, linked travel arrangements, or individual services. Our contractual obligation is then limited to the arrangement of the offered and available package tours, linked travel arrangements, or individual services in accordance with these Terms and Conditions of Agency and applicable legal provisions.

2. Conclusion of Contract and Statutory Provisions 2.1. You may instruct us to act as an agent to arrange a package tour, related travel services, or other individual services provided by a third-party provider for you. You are bound by the agency instruction you have issued. To issue such an instruction to us, you must be at least 18 years of age at the time the instruction is given. 2.2. Upon our acceptance of your brokerage order as a broker, a contract is formed between you and us for the brokerage of (travel) services in the form of a package tour, a related travel service, or an individual service. 2.3. The order and acceptance do not require any specific form. If you place the order with us electronically (e.g., by email or through our website), we will immediately confirm receipt of the order electronically (“Confirmation of Receipt”). The Confirmation of Receipt does not constitute confirmation of acceptance of the brokerage order. 2.4. The mutual rights and obligations arise, unless otherwise required by mandatory statutory provisions, from the contractual agreements made in each individual case, these Agency Terms and Conditions, and the statutory provisions, in particular Sections 675, 631 et seq. of the German Civil Code (BGB) and Sections 651a et seq. of the BGB in conjunction with Article 250 et seq. EGBGB, to the extent that these apply to the brokerage agreement.

3. Scope of the Contract 3.1. In accordance with these Terms and Conditions of Agency, we accept the agency assignment and, at your request, submit the booking request to the respective tour operator or service provider. 3.2. Unless expressly agreed upon, we are not obligated to identify and/or offer the most affordable provider of the requested travel service. 3.3. Unless expressly agreed with you, as a travel agent, we do not provide any guarantee within the meaning of Section 276(1), first sentence, of the German Civil Code (BGB) regarding information on prices, services, booking conditions, and other circumstances of the travel service, nor do we provide any procurement guarantee within the meaning of this provision regarding information on the availability of the services to be arranged. 3.4. We accept special requests regarding your booked (travel) services—whether in the form of a package tour, a linked travel arrangement, or an individual service—solely for the purpose of forwarding them to the tour operator or service provider for whom we are acting as an agent. Unless otherwise expressly agreed, we are not responsible for the fulfillment of such special requests. Nor do they constitute a condition or contractual basis for the agency agreement or for the booking declaration to be submitted by you, the customer, to the tour operator or service provider. Please note that special requests generally become part of the contractual obligations only upon express confirmation by the tour operator or service provider.

4. Incorporation of the General Terms and Conditions of Tour Operators and Other Service Providers 4.1. The contractual relationship between you and the tour operator or service provider is governed by the contractual terms agreed upon therein and the General Terms and Conditions of the respective tour operator or service provider. These General Terms and Conditions are specified and made available in the individual service descriptions. These may govern, for example, payment terms, provisions regarding due dates, liability, cancellation, rebooking, and refunds, as well as other rights and obligations. 4.2. You agree to familiarize yourself with the exact content of the applicable contractual terms and General Terms and Conditions (GTC) in the information sources provided, particularly where these are made available through publication on the website. You may not invoke ignorance of the contractual terms and GTC that have been made reasonably available to you in this manner. 4.3. Unless otherwise agreed or specifically noted, the general conditions of carriage and fare regulations (“ABB”) issued on a statutory basis by the competent transportation authority or pursuant to international agreements shall apply to transportation services.

5. Notices of Defects 5.1. With regard to your notices of defects concerning the package tour arranged by us, we refer you to our special terms and conditions for package tour arrangements under Section C.2 of these Terms and Conditions. 5.2. Any defects in our agency services must be reported to us immediately. We must be given the opportunity to remedy the situation. If such notification is culpably omitted, the customer’s claims under the agency agreement shall lapse to the extent that we could have reasonably remedied the situation. Claims arising from tortious liability remain unaffected.

6. Passport, Visa, and Health-Related Formalities 6.1. When booking package tours, we—and, if applicable, the tour operator—will inform you of the general passport and visa requirements of the destination country, as well as the approximate timeframes for obtaining visas and any health-related formalities. 6.2. Unless expressly agreed with you, travelers are personally responsible for complying with these passport and visa requirements, as well as health formalities and all other legal regulations applicable to the trip. This includes, in particular, the timely application for visas for the destination country. We are not liable for any violation of such regulations or their consequences.

7. Withdrawal, Rebooking, and Cancellation of the Arranged (Travel) Contract 7.1. Withdrawal, rebooking, cancellation, and liability are governed by the terms and conditions of the respective tour operator/service provider and by applicable laws. 7.2. Withdrawal, rebooking, and/or cancellation must be communicated to the respective service provider. However, you may also authorize us to submit the corresponding notice on your behalf. You are required to submit any request for rebooking and/or cancellation in writing. We cannot process either a rebooking or a cancellation of a booked trip until we have received your written request. A cancellation or rebooking made by phone or verbally is only possible if this is provided for in the terms and conditions of the relevant service provider. We will subsequently confirm rebookings and/or cancellations made by phone via email. You are required to notify us immediately of any discrepancies that may arise in this regard. 7.3. As a general rule, we do not charge our own service fees or processing fees for withdrawal, rebooking, and/or cancellation. If we do charge service fees or processing fees, we will inform you of this prior to booking. Generally excluded from this are cancellations, rebookings, and/or changes to flight services booked separately from a package tour (“flight-only booking”). In such cases, we may charge our own service fees or processing fees (see Section D of these Terms and Conditions).

8. Payments and Collection 8.1. To the extent that we invoice (travel) services in the form of a package tour, a linked travel arrangement, or an individual service, and collect payments in connection therewith, we do so in the name and on behalf of the respective tour operator or service provider. This does not affect our rights to collect service fees to which we are entitled. 8.2. Payment deadlines and other payment terms are governed by the provisions of the respective tour operator or service provider. 8.3. We reserve the right to pass on to you any chargeback fees incurred in connection with credit card payments or direct debits. 8.4. In addition, we refer you to: Section B for payments related to the arrangement of package tours; Section C for payments related to the arrangement of linked travel services; Section D for payments related to the arrangement of individual flight services only.

9. Service Fees 9.1. Please note that we charge a separate service fee for certain brokerage services. 9.2. Regarding any service fees we may charge: For the brokerage of package tours, please refer to the special brokerage terms and conditions in Section B; for the arrangement of linked travel services, please refer to Section C; for the arrangement of individual flight services only, please refer to Section D.

10. Insurance 10.1. We draw your attention to the possibility and necessity of taking out appropriate insurance policies, in particular travel cancellation insurance and/or insurance to cover repatriation costs in the event of an accident or illness, luggage insurance, international health insurance, or trip interruption insurance. 10.2. It is solely your responsibility as the customer to assess the necessity of taking out and the suitability of any of the aforementioned or other insurance policies.

11. Your Obligations to Cooperate as a Customer 11.1. You are obligated to review the contract and travel documents provided to you by us on behalf of the tour operator or service provider we have arranged for you—in particular, booking and travel confirmations, airline tickets, hotel vouchers, visas, insurance policies, and other travel documents—to ensure they are accurate and complete, and specifically to verify that they correspond to the booking and the agency agreement. 11.2. You must notify us immediately of any apparent errors, discrepancies, missing documents, or other inconsistencies. If you fail to fulfill this obligation, our liability for damages incurred by you as a result may be limited or entirely excluded in accordance with the statutory provisions regarding the duty to mitigate damages (Section 254 of the German Civil Code (BGB)).

12. Liability 12.1. We are not liable for the provision of the arranged (travel) service in the form of a package tour, linked travel arrangement, or individual service, but only for ensuring that the arrangement of such a (travel) service—whether in the form of a package tour, linked travel arrangement, or individual service—is carried out with due care. 12.2. The specific details regarding the (travel) services in the form of a package tour, linked travel arrangement, or individual service are based on the information provided by the tour operators or service providers. These do not constitute a guarantee on our part. All (travel) services presented by us in the form of a package tour, linked travel arrangement, or individual service are available only in limited quantities. 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 should have been aware of it had we exercised the diligence customary in commerce and the industry. To the extent that we are liable for having been aware of such circumstances, however, our liability is limited to cases of willful misconduct or gross negligence. 12.3. When providing advice and information in accordance with the law, we are liable for the careful selection of the information source and the accurate transmission of such information to the customer. We are not liable for the accuracy of the information provided pursuant to § 676 of the German Civil Code (BGB). This does not apply if a specific contract for the provision of information has been concluded or if there is an express statutory duty to provide information. 12.4. Any liability on our part as a travel agent under § 651x of the German Civil Code (BGB) or arising from a culpable breach of travel agent obligations remains unaffected by the foregoing provisions. 12.5. We are not liable for the loss, destruction, or damage of documents in connection with shipping for which we are not responsible.

13. Dispute Resolution Proceedings Before a Consumer Arbitration Board 13.1. We are not obligated to participate in dispute resolution proceedings before a consumer arbitration board and do not participate in such proceedings.

14. Identity of the Airline 14.1. In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, the travel agent is required 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 will provide the customer with the information available from the contracted company regarding the airline that is likely to operate the flight. In the event of a change in the operating airline, the customer will be notified of the change immediately. 14.2. The EU list of airlines subject to a flight ban within 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 and may be provided to the customer upon request at the agent’s business premises.

15. Additional Legal Provisions 15.1. The contractual relationship between you and the airline we have arranged is governed—to the extent applicable—by the provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions, and, directly, by domestic legal provisions: 15.2. Regulation (EC) No. 261/2004 on air passenger rights 15.3. 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 the provision of information to passengers regarding the identity of the operating air carrier 15.4. Regulation (EC) No. 1107/2006 of the European Parliament and of the Council concerning the rights of disabled air passengers and air passengers with reduced mobility 15.5. We recommend that you familiarize yourself with your rights as an air passenger, e.g., through the notices posted at airports, the information provided by the operating air carrier, or the information sheets from the Federal Aviation Authority at www.lba.de.

B. Special Terms and Conditions for Package Tours

1. Service Fees for Package Tours 1.1. If we arrange a package tour for you, we do not charge a service fee for arranging services that are part of the package tour. In accordance with Section 7.3, this also applies to withdrawal, rebooking, and/or cancellation of a package tour. In the case of services that are not part of the package tour (e.g., seat reservations, booking of additional baggage, obtaining visas, etc.), you are engaging us under a contract for agency services to advise you on these services and to arrange them for you. In some cases, we charge service fees for these services. The service fee is payable in addition to the service providers’ charges and is due immediately. You will be separately notified of this before booking the service. Regarding the collection of service fees for related travel services and bookings of flights only, please refer to Sections C and D.

2. Payments for Package Tours 2.1. If we arrange a package tour for you, we may only request or accept payments from you as a traveler if a valid customer funds protection agreement with the tour operator exists and the protection certificate—containing the name and contact information of the customer funds protector—has been provided to you in a clear, understandable, and prominent manner.

3. Notices of Defects for Package Tours 3.1. We are authorized by the tour operator to receive notices of defects and other statements from you, the traveler, regarding the provision of the package tour. We will immediately notify the tour operator of such statements. To avoid delays, even though we will forward such statements immediately, we recommend that you make them directly to the tour guide or the tour operator.

C. Special Terms and Conditions for the Arrangement of Related Travel Services

1. Payments for Related Travel Services 1.1. When we arrange related travel services for you, we may only request and accept payments from you, the traveler, if we have ensured that these payments will be reimbursed to you, the traveler, insofar as travel services are to be provided by us directly or payment obligations to arranged service providers remain outstanding, and in the event of our insolvency, linked travel services are canceled or you are required to satisfy payment demands from unsatisfied arranged service providers with respect to travel services already rendered. 1.2. When arranging linked travel arrangements, we provide this protection by taking out insolvency insurance in accordance with Section 651w(3) of the German Civil Code (BGB), clearly and understandable, and prominent manner, and by providing a corresponding certificate of coverage for all your payments to us, unless you make payments directly to the service provider of the linked travel arrangement.

2. Service Fees for Linked Travel Arrangements 2.1. Under a contract for agency services, you engage us to advise you regarding the services provided by the service providers of the linked travel arrangements and to arrange these services for you. In some cases, we charge service fees for this. The service fee is payable in addition to the service providers’ charges and is due immediately. 2.2. Unless we inform you of the amount of the service fee prior to booking the service provider’s services—either by posting a notice in our business premises, explicitly stating it on our website, or by other means prior to booking—the standard fee shall be deemed payable.

D. Special Terms and Conditions for the Arrangement of Individual Flight Services (Also as Part of a Linked Travel Arrangement)

1. Service Fees for Arranged Individual Flight Services 1.1. Under an agency agreement, you engage us to advise you regarding the airline’s services and to arrange them for you. We charge service fees for some of these services. The service fee is payable in addition to the service provider’s charges and is due immediately. The service fee is non-refundable in the event of cancellation or non-performance (e.g., cancellation) of the arranged service, unless the non-performance is due to an error on our part as a travel agent. 1.2. Unless we inform you of the amount of the service fee prior to booking the service provider’s services—either by posting a notice in our business premises, explicitly stating it on our website, or by other means—the standard fee shall be deemed payable.

2. Issuance and Delivery of Airline Tickets 2.1. As a general rule, your airline tickets will be issued no later than 14 days before departure and delivered or handed over to you in accordance with the selected delivery method. This applies only to the extent that the relevant airline has not specified any other issuance deadlines. We can also issue airline tickets earlier at your request; however, please note that once issued, cancellation or rebooking fees of up to 100% of the fare may apply in the event of a cancellation or rebooking request by the provider. 2.2. If the airline offers an electronic ticket (“e-ticket”) instead of a paper ticket, an electronic booking code is typically sent in text form (usually by email). You must present this code at check-in along with a valid form of identification (ID card or passport).

Contractual Partner

Holiday Service GmbH Lindleystraße 8a 60314 Frankfurt am Main Germany

Phone: +49 (0) 69 66779561 Email: info@holiday-services.eu

Managing Directors: Klaas Peters, Anya Müller-Eckert Court of Registration: Frankfurt am Main Registration number: HRB 143899 VAT ID number: DE170697779

Legal Disclosures & Dispute Resolution

Pursuant to Section 37 of the German Consumer Dispute Resolution Act (VSBG), we are required to inform you that dispute resolution bodies have been established for disputes between consumers and businesses. We do not currently participate in dispute resolution proceedings before a consumer arbitration board and are not obligated to do so. You may contact these boards; however, participation is voluntary for both parties.

General Consumer Arbitration Board: Zentrum für Schlichtung e.V. | Straßburger Str. 8, 77694 Kehl | mail@verbraucher-schlichter.de

We act as an ancillary insurance broker not requiring a license pursuant to Section 34d(8)(1) of the German Trade Regulation Act (GewO).

Complaints Office for Disputes with Insurance Brokers: Versicherungsombudsmann e.V. | P.O. Box 08 06 32 | 10006 Berlin | www.versicherungsombudsmann.de