Terms and Conditions as a Travel Agent
The following provisions apply to all legal transactions between Peter Straub, proprietor of the company Straub Reisen, Achtmorgenweg 23, 53343 Wachtberg, Germany (hereinafter referred to as: “Straub Reisen”) and the traveller (hereinafter referred to as “client”). The provisions supplement and complete the statutory provisions. For the terms and conditions of individual services or travel services, please refer to the service description provided by the respective organiser/service provider with the confirmation. Straub Reisen acts exclusively as an intermediary of air transport services and does not organise its own trips.
1. Conclusion of contract, content of contract
2. Straub Reisen’s contractual obligations and rights as a travel agent
3. Information about entry requirements, visas, insurance
4. Booking process, travel documents
5. Changes to price and services
6. Rebooking, withdrawal, cancellation
7. Liability as a travel agent
8. Data protection
9. Cut-off period, limitation
10. Choice of law and place of jurisdiction
1.1. The client has the option of sending a booking request to Straub Reisen in writing, by email, verbally or by telephone.
1.2. As a result, Straub Reisen will provide an offer of a service provider, the aim of which is to conclude a contract for a specific travel service between the client and the service provider (hereinafter referred to as the “main contract”).
1.3. The offer brokered in accordance with para. 1.2. represents an offer to conclude a fee-based agency agreement between the client and Straub Reisen (hereinafter referred to as “brokerage contract”).
1.4. The offer from the respective service provider contains a commitment period. The period of time for which Straub Reisen is bound by the offer to conclude the brokerage contract corresponds to the commitment period of the respective underlying offer to the conclusion of the main contract.
Straub Reisen informs the client about the duration of the commitment when the offer is communicated.
1.5. The client can accept the offer with Straub Reisen in writing, by email, verbally or by telephone within the commitment period. On accepting the offer, a brokerage contract is concluded between Straub Reisen and the client as an agency agreement. The brokerage contract does not require the written form.
1.6. The brokerage is deemed to have taken place as soon as the travel documents are forwarded to the clients. Upon receipt of the booking confirmation, invoice or travel documents, the client is obliged, within the scope of their duty of cooperation, to check the information immediately and, if necessary, arrange for corrections within 24 hours. In particular, errors or discrepancies reported late do not entitle the client to withdraw from the contract. Correction of errors on the part of the client free of charge is never possible.
1.7. The rights and obligations of the client vis-à-vis the service provider are governed exclusively by the provisions of the main contract and the service provider’s travel and business terms and conditions. The client’s attention is drawn to these before or at the conclusion of the main contract by Straub Reisen. Straub Reisen can provide a copy of these to the client on request.
2.1. In accordance with these terms of brokerage, Straub Reisen’s contractual obligation exists in proceeding to the actions required in order to implement the brokerage contract, in accordance with the client’s booking order and the appropriate advice, as well as the processing and booking, and the transfer of travel documents, if these are not sent directly according to the conditions agreed with the respective service provider.
2.2. A contractual association exists between Straub Reisen and the IATA airlines, as well as AER Ticket GmbH, in the form of an agency relationship. On this basis, Straub Reisen will exclusively act as a travel agent when concluding an agency agreement for the client.
2.3. Straub Reisen charges an agency fee for brokering air travel, which may vary depending on the scope of the booking and destination. The agency fee is payable per person upon conclusion of the contract. The due date is not related to the due date of the booked service. Should the client rebook or cancel booked travel and services, Straub Reisen’s claim to any agency fees already incurred shall remain unaffected, unless the cancellation is due to the fault of Straub Reisen or its vicarious agents. The stated and invoiced prices are (insofar as nothing else has been expressly agreed regarding taxes and airport charges) gross final prices and include a remuneration payment calculated by Straub Reisen for their activity on behalf of the client. The client is free to prove that no or little expense has been incurred.
2.4. When providing advice and information, Straub Reisen is liable only for the correct selection of the source of information and the proper disclosure of the information obtained to the client, insofar as the information and advice has not been expressly given in a binding manner.
2.5. A special information contract between Straub Reisen and the client is only concluded by express agreement.
3.1. All information about brokered transport is based exclusively on the information provided by the service providers to Straub Reisen. Straub Reisen is only liable for the correct selection of the source of information and the proper disclosure of the information obtained to the client, in so far as the information and advice has not been expressly given in a binding manner. The disclosed information and advice does not represent any guarantee or assurance of accuracy, completeness or it being current.
3.2. Straub Reisen informs the client without liability about entry, passport and visa regulations, as well as about health formalities, insofar as it is commissioned by the client. In doing so, Straub Reisen makes use of appropriate sources of information, in particular current industry-standard reference guides, or forwards information from foreign embassies, consulates or tourist information offices.
3.3. When providing this information, Straub Travel assumes that the client and any other passengers are German nationals, unless there is another obvious nationality or another nationality is communicated by the client. The client is obliged to inform Straub Reisen of any discrepancies.
3.4. The client is responsible for the procurement of passport, visa and health documents, unless Straub Reisen has been explicitly commissioned to procure these documents. In this case, Straub Reisen may demand that any expenses incurred in connection with procuring thee documents be reimbursed.
Upon accepting the order, Straub Reisen must inform the client about the anticipated costs.
3.5. Straub Reisen strongly recommends the conclusion of travel cancellation, baggage, travel accident, travel liability and travel health insurance with air-ambulance flight from abroad, if this is not adequately secured elsewhere.
4.1. Straub Reisen does not guarantee the availability of a travel service. In the event that only a travel service deviating from the client’s brokerage contract can be arranged, Straub Reisen informs the client about this and awaits their instructions. The client can accept this offer, the content of which is different, within a period of time set by the service provider for accepting the offer. Payment of the cost of the trip and departure are considered to be acceptance. If the service is not accepted, no main contract is concluded.
4.2. Straub Reisen is entitled to issue electronic tickets (ETIX). In this case, no postage costs are charged. Tickets are delivered by email.
4.3. If flights have to be issued as a document on paper, additional postage costs may apply, which vary according to urgency and destination. These costs are not reimbursed in the event of a cancellation. Documents are sent exclusively by recorded delivery. For organisational reasons, a paper ticket can only be sold 72 hours before departure, calculated in working days.
4.4. Straub Reisen is not liable for any damaged or lost flight tickets or the delivery time.
4.5. The documents sent by the service provider to the client must be checked by Straub Reisen and the client for correctness and completeness, in particular for consistency with the booking order. The client is obliged to arrange any necessary corrections immediately. If the client does not comply with this obligation, they may, in any case, be jointly responsible for any damage resulting from it. Straub Reisen is unable to verify amendments and discrepancies as a result of direct communication between the service provider and the client.
5.1. Straub Reisen has no influence over changes to prices, services or rates for the brokered transport service. If such has been agreed effectively between the client and the service provider, Straub Reisen may claim the difference from the client.
5.2. Before issuing the flight documents, Straub Reisen is entitled to change the price of the flight on behalf of the service provider if, unexpectedly and before conclusion of the contract, price components increase, decrease or re-emerge due to circumstances beyond the control of Straub Reisen. These may include, for example, changes in foreign exchange rates, transport fares and prices (especially oil price increases), and official fees and charges (airport or security charges). These changes do not fall within Straub Reisen’s area of responsibility.
5.3. The price of the flight may only be changed by the specified price component. Straub Reisen is obliged to explain to the client the reasons for and extent of the price change on request.
5.4. If the cost of travel increases by more than 5%, the client is entitled to withdraw from the contract without paying a penalty. The withdrawal must be declared immediately.
6.1. The rebooking of a brokered transport service can only take place by withdrawing from and subsequently re-concluding a contract, unless the service provider has provided special regulations for this.
6.2. The withdrawal can be made by giving an explicit declaration or by conclusive behaviour. The amount of the withdrawal payment depends on the transport service booked, as well as the date on which the written withdrawal declaration is received.
6.3. Withdrawal or rebooking may only take place via Straub Reisen during the usual business hours of Monday to Friday, 10am to 6:30pm. For such requests outside the mentioned opening times, on bank holidays and on weekends, Straub Reisen refers the client to the next working day. In order to find out if flight tickets can be refunded, the Customer Service department is available by telephone on +49 (0) 228 1808 7878 and by email at firstname.lastname@example.org.
6.4. The rebooking and withdrawal conditions in the respective terms and conditions of the service providers are valid. The service provider alone determines the date of the refund by either paying the amount directly to the client or to Straub Reisen for forwarding on to the client. Straub Reisen makes the payment to the client immediately after receipt.
6.5. In the case of withdrawal or rebooking, Straub Reisen’s claim to the reimbursement of expenses incurred and the lost agency fee remains in place. The agency fee is not reimbursed in the event that the main contract is cancelled, unless the cancellation is due to the fault of Straub Reisen or its vicarious agents. If a new contract is concluded, a new claim may arise for reimbursement of costs and commission, unless Straub Reisen or the service provider is responsible for the rebooking.
6.6. In the case of a rebooking or a withdrawal, Straub Reisen reserves the right to charge the client for costs charged by the service providers plus a processing fee of up to €50.00 per person. The client is entitled to prove that Straub Reisen incurred no damage or only damage of a significantly lesser extent.
7.1. For damages in connection with the brokerage, regardless of the legal grounds, Straub Travel is liable without limitation up to the amount of the brokered service. For any damages beyond this, Straub Reisen is only liable for intent or gross negligence.
7.2. Without prejudice to any liability in accordance with para. 7.1., Straub Reisen is not liable as a travel agent for:
• The proper provision of the brokered service itself, for which the respective service providers are responsible
• Incorrect data in the database
• Indirect damage of any kind or loss of profit
• Changes to relevant travel regulations by state authorities
• The timely issuance or making available of a visa or other travel documents, if there is a separate commission in place.
7.3. All exclusions and limitations of liability listed in para. 7 shall not apply to damage resulting from injury to life, limb or health. Straub Reisen is liable for these damages in accordance with statutory provisions.
7.4. All transport services presented on the website are of limited availability only. Straub Reisen accepts no liability for the availability of the transport at the time of the booking.
7.5. Straub Reisen accepts no liability whatsoever for changes to the service provider’s services made after conclusion of the main contract.
7.6. For last-minute bookings and in case of late payment by the client, Straub Reisen assumes no liability for the timely issue of travel documents or express delivery costs.
8.1. The booking order is processed taking into account the respective applicable data protection regulations.
8.2. Straub Travel undertakes to use any data collected, processed and stored during registration or use of Straub Reisen services solely for the purpose of processing contracts concluded with the assistance of Straub Reisen and not to pass them on to external third parties, provided there is no legal obligation or obligation imposed by the authorities.
8.3. Personal data about the client, such as dates of birth and names of passengers are only asked for if they are necessary for the booking. These additional data are not stored beyond the end of the trip.
9.1. The client must assert claims against Straub Reisen for non-contractual fulfilment of the brokerage contract within a month (cut-off period). This does not apply to client claims for injury to life, limb or health or for other damages based on an intentional or grossly negligent breach of duty by Straub Reisen or one of its vicarious agents. Neither does it apply to claims based on obvious defects in the service provided.
9.2. The cut-off period begins with the end of the brokered travel service as agreed in the main contract (the end of the last travel service is decisive for several consecutive travel services), but not earlier than at the time the client becomes aware of the circumstances giving rise to the claims against Straub Reisen. After expiry of the cut-off period, the client can only assert claims against Straub Reisen if they were prevented from observing the period through no fault of their own.
9.3. Client claims against Straub Reisen expire in one year. The limitation begins at the end of the year in which the claim arose and in which the client obtains knowledge of the circumstances giving rise to the claim and the person of the opposing party or could have obtained without gross negligence.
9.4. The period of limitation described in para. 9.3 does not apply to client claims for injury to life, limb or health or for other damages based on an intentional or grossly negligent breach of duty by Straub Reisen or one of its legal representatives or vicarious agents or a breach of essential contractual obligations. The limitation of these claims is governed by the statutory provisions.
German law applies exclusively to the entire legal and contractual relationship between the client and Straub Reisen. The place of jurisdiction is Bonn.
Valid as at November 2017
Proprietor: Peter Straub