General Terms and Conditions for Agency Services
of weekenGO GmbH (weekend.com)
- Scope of application
The following General Terms and Conditions for Agency Services (“GT&Cs”) regulate the legal relationship between weekenGO GmbH, Burghofstr. 40, 40223 Düsseldorf (hereinafter the “Travel Agent”), and its customers (hereinafter “Travellers”). These GT&Cs supplement and satisfy the statutory provisions of §§ 675, 631 et seq. of the German Civil Code (BGB), which are applicable to the travel agency contract being concluded.
The Travel Agent expressly points out to the Traveller that travel contracts are not concluded with the Travel Agent, but rather solely with the respective tour operator or service provider (such as a hotel, rental car provider, airline) (hereinafter referred to collectively as “Service Providers”), taking into account the general terms and conditions of business, general conditions of carriage and/or other tariff provisions/conditions (hereinafter referred to as “Contract Terms”) of the respective Service Provider.
On its website and app, the Travel Agent promotes the sale of package tours, linked travel arrangements and individual services offered by various Service Providers. The subject matter of this travel agency contract is the promotion of the sale of package tours, linked travel arrangements or individual travel services (hereinafter referred to collectively as “Travel Services”). The following conditions therefore apply exclusively to the agency services provided by the Travel Agent and have no influence on the conditions under which the Travel Services offered are provided. The general Contract Terms of the respective Service Provider are shown to the Traveller prior to the booking of travel and must be explicitly confirmed by the Traveller.
- travel services contract terms
- The principal contract for Travel Services is concluded directly between the Traveller and the Service Provider. The respective legal regulations as well as the respective Contract Terms of the Service Provider apply to the Travel Services and the Travel Agent enables the Traveller to take note of the applicable Contract Terms prior to concluding the booking on the Travel Agent's App or Website. The Traveller is advised to read such terms and conditions carefully, as they provide important information relevant to the contract (such as terms of payment, rebooking, cancellation, liability regulations, etc.).
- Before the conclusion of the booking, the Traveller will additionally, depending on the type of travel, be shown all the legally required information, in particular the corresponding form informing the Traveller as well as the general terms and conditions of the respective Service Provider.
- In relation to package holidays and linked travel arrangements, Travellers may also have rights under the Package Travel and Linked Travel Arrangement Regulations 2018 available at http://www.legislation.gov.uk/ukdsi/2018/9780111168479/pdfs/ukdsi_9780111168479_en.pdf.
- Travel Agent accepts no responsibility for the acts or omissions of the Service Providers or for the Travel Services or any other services provided by them.
- The Travel Services provided or which are sold through the App or Website are not an offer by the Travel Agent to sell any travel arrangements, but an invitation to you to make an offer to the Service Provider of the Travel Services. The Travel Agent is free to accept or reject the offer on behalf of the Service Provider.
- The Traveller submits the offer by entering the required information on the booking form on the Website or in the App. The Travel Agent sends this information to the respective Service Provider and the contract for Travel Services between the Traveller and the Service Provider is concluded by a declaration of acceptance from the Service Provider. A confirmation of receipt of the booking offer by the Travel Agentdoes not constitute an acceptance of the booking.
- When the Traveller submits a booking, they guarantee that they have the authority to accept and do accept on behalf of themselves and their party the terms of this travel agency contract and the Contract Terms of the Service Provider(s).
- It is the Traveller's responsibility to ensure that names are exactly as stated in the relevant passport. Travel Agent has no responsibility for any errors in any documentation except where an error is solely made by the Travel Agent. The booking information that the Traveller provides will be passed to the relevant Service Provider(s). Note that any changes to the details passed to the Service Providers may incur further charges.
- If the Traveller expresses special wishes to the Travel Agent during booking (for example dietary requirements, cots or room locations) and such wishes are not part of the service description of the Service Provider, the Travel Agent will pass this on to the Service Provider. However, the Travel Agent give no assurances and accepts no liability in relation to such requests. Such requests are non-binding and will not result in an extension or modification of a booked service.
- Operating air carrier
According to the EU Regulation, the Travel Agent is obliged to inform passengers at the time of booking about the identity of the operating air carrier and to inform the Traveller of the identity of the operating air carrier for all air transport services to be provided for the booked trip. If the operating airline is not yet determined at the time of booking, the Travel Agent is obliged to inform the Traveller of the airline or airlines that will probably operate the flight or flights. As soon as the Travel Agent knows which airline will operate the flight, it must inform the Traveller. If there is a change of the airline that has been specified to the Traveller as the operating airline, the Travel Agent must inform the Traveller of the change. The Travel Agent must immediately take all reasonable steps to ensure that the Traveller is advised of the change as soon as possible. The air carrier or, where appropriate, the tour operator must ensure that the air transport contractor(s) concerned is informed of the identity of the air carrier(s) as soon as such identity is established, in particular in the event of a change of air carrier. If the Travel Agent has not been informed of the identity of the operating air carrier and is unable to obtain information on the identity of the operating air carrier when exercising the general duty of care, there is no obligation to provide information. The list of airlines banned from operating in the EU is available on the following website: http://ec.europa.eu/transport/modes/air/safety/air-ban/index de.htm
- prices and Payment
- The App and the Website display content, prices, availability and other information provided by the respective Service Providers. The Travel Agent does not assume any liability for the up-to-dateness and correctness of this information. Rather, this information is retrieved at regular intervals from the websites and data interfaces of the Service Providers and displayed to the user as per the status of the latest retrievals in each case. Due to interim fluctuations, which can constantly occur with hotel and air fares and availability, it is possible that the current prices and dates are not always shown.
- The terms of payment depend on the respective contract provisions of the Service Provider regarding the booked Travel Service. More detailed information, including information on the payment methods offered, is provided in the pre-contractual notification and/or the confirmation (in particular when a package tour is booked) and/or the respective general terms and conditions, depending on the type of travel.
- In addition to the price of the booked Travel Service, there may be additional charges payable to the Travel Agent and/or the Service Provider. Any additional charges will be displayed on the App or Website and by accepting the Travel Service, the Traveller accepts to pay such additional charges.
- Travel documents
- When the Travel Services have been confirmed by the Service Provider and the Traveller has made full payment of the price of travel, the travel documents (such as rail tickets, flight tickets in paper form or as e-tickets, hotel vouchers and other documents for tourist services) are sent to the Traveller directly by the Service Provider, usually by email. Depending on the Service Provider, short-notice bookings can also be deposited at the airport counter. Further information on the possible forms of delivery can be found in the applicable Contract Terms of the Service Provider.
- The Traveller is advised to check the correctness of the travel confirmation and travel documents immediately upon receipt. Any discrepancies should be reported immediately to the respective Service Provider.
- Cancellation, rebooking, replacements
After concluding the contract with the Service Provider and prior to embarking on the journey, the Traveller has the right to withdraw from the travel contract at any time. In addition, the Traveller is entitled to name a replacement traveller. The conditions for contract changes initiated or desired by the Traveller (such as the designation of a replacement traveller or withdrawal) or the question of the possibility of further contract changes depend solely on the Contract Terms of the respective Service Provider. Any changes to the contract requested by the Traveller must be communicated directly to the Service Provider providing the Travel Service. Any additional costs arising from the change to the contract must also be in accordance with the Contract Terms of the respective Service Provider and must be paid to the Service Provider by the Traveller.
- Passport and visa requirements, health regulations
- When a package tour is booked, the Travel Agent informs the Traveller of the general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas, as well as health formalities, in accordance with its legal obligations. However, any specific passport and visa requirement, and other immigration requirements are the Traveller's responsibility and the Traveller should confirm these with the relevant Embassies and/or Consulates. The Traveller should note that requirements may change between booking and departure.
- The Traveller is responsible for complying with the passport and visa requirements as well as with the health formalities of the country of destination and for applying for and obtaining any necessary documents in good time. Any disadvantages arising from non-compliance with the regulations shall be borne by the Traveller unless the non-compliance is due to fault on the part of the Travel Agent.
- Travel insurance
Travel insurance is not included in the price of the Travel Services. The Travel Agent recommends that all the participating Travellers should take out travel cancellation insurance as well as insurance to cover repatriation costs in the event of accident or illness, loss of baggage and money and other expenses. There is no further obligation to obtain information or advice from the Travel Agent regarding other insurance options or insurance conditions.
- The Travel Agent shall not be liable for the respective Service Providers' acceptance of booking requests that have been passed on properly, and thus for the conclusion of the contracts for Travel Services, nor for the proper provision of the Travel Services that have been arranged.
- The Travel Agent's responsibility and therefore liability to the Traveller is limited to forwarding the booking to the Service Provider in accordance with the Traveller's instructions. In the event that Travel Agent is found liable to the Traveller on any basis whatsoever, whether in contract, tort (including negligence), statute or otherwise, the Travel Agent's maximum liability to the Traveller is [the cost of the relevant booking for the Travel Services].
- Nothing in this agency contract shall exclude or limit Travel Agent's liability in respect of death or personal injury caused by Travel Agent's negligence or for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded by law including any rights the Traveller has as a consumer.
- Final provisions
- Choice of law, venue
The travel agency contract is subject to German law. In case of disputes, an action may only be brought against the Travel Agent at its registered office. In the event that an action is brought by the Travel Agent against the Traveller/applicant, the Traveller's/applicant's place of residence will be decisive unless the action is brought by the Travel Agent against merchants registered under the German Commercial Code (HGB) (Vollkaufleute) or persons without a general place of jurisdiction in Germany or persons who, after the conclusion of the agency contract, move their place of residence or habitual abode abroad or whose place of residence or habitual abode is unknown at the time the action is filed. In all such cases, the registered office of the Travel Agent will be decisive.
- Entire Agreement
This agency contract represents the entire understanding between the Travel Agent and the Traveller relating to the provision of Travel Services by a Service Provider and supersedes all other statements, representations or warranties (whether written or oral) made by us. The Travel Agent may change the terms of this contract any time in its sole discretion.
The invalidity of individual provisions of these General Terms and Conditions will not affect the validity of other provisions. The invalidity of individual provisions of the concluded agency contract will not result in the invalidity of the arranged contract. Likewise, the invalidity of individual provisions of the arranged contract will not invalidate the agency contract concluded with the Travel Agent.
- Alternative dispute resolution
The Travel Agent reserves the right to participate in Alternative Dispute Resolution solely in individual cases.
Travel Agent: weekenGO GmbH, represented by Managing Director Tobias Boese, Burghofstr. 40, 40223 Düsseldorf, Email: email@example.com, Fax: +49 211-97532769
Last updated: September 2018