Elumbus Terms and Conditions

Transcription

1 Elumbus Terms and Conditions ( ) The following terms and conditions (T&Cs) are the contractual agreement between you as the participant/passenger/booking customer (hereafter customer) and us as travel agents (hereafter Elumbus) for the impending agency agreement (travel agency contract). They complete and expand on the applicable statutory provisions in sections 675, 631 of the German Civil Code (Bürgerliches Gesetzbuch, BGB). Elumbus hereby specifically points out that according to section 312b of the German Civil Code (Bürgerliches Gesetzbuch, BGB), contracts which relate to the performance of services within the areas of accommodation and transportation are excluded from the special regulations for distance contracts if the service provider commits to delivering the service at a given time or within a precisely circumscribed period. This means that the law for travel or flight bookings which are made via the internet or telephone does not allow any cancellation rights.

2 List of contents 1. Website use 2. Formation of a contract and contents 3. Payment 4. Service packages 5. Travel documents 6. Booking conditions 6.1. Rebooking/Changes to bookings 6.2. Cancellations/ Contract withdrawal 7. Service and price chances 8. Entry regulations, Visas and insurance 9. Liability 10. Data protection 11. Links to other websites 12. Changes to the terms and conditions 13. Safeguarding clause and Place of jurisdiction

3 1. Website use 1.1. Website owner is Elumbus GmbH Hufelandstraße 25, Berlin, Commercial Register B (HRB) The contract between Elumbus and the customer is governed by German law The website is available to customers only for their own use, not for commercial use and is subject to the following general terms of business Bookings via our website are available exclusively for persons over the age of All information relating to passengers and the person making the booking must be correct and true and given in full at the time of booking, especially first and second names as well as dates of birth according to identification documents The customer is not at liberty to resell, or make available to third parties in any other way, services provided by Elumbus without explicit consent. 2. Formation of contract and contract contents 2.1. In the mediation of travel services there is no travel contract established with Elumbus in the sense of travel contract law. Elumbus acts as an agent to mediate the contract between you and the chosen tour operator, rail company, hotel, car hire company, ship company, event organiser, travel insurer and/or the airline. (Service provider) The service provider s general terms of business, inclusive of the conditions of carriage of the airlines, apply each time in addition to the terms of business of Elumbus stated here. Payment conditions, payment deadline clauses, liability, cancellation, changes to reservations and refunds (where provided) as well as booking and charge conditions, can be regulated in the general terms of business of the provider. We recommend consulting with the relevant provider on a case-by-case basis about their applicable terms of business before finalising the booking The binding booking contract is effective as soon as the customer clicks the button Book and pay in the booking form. In some cases, this button may be labelled with a similar phrase and it is always clearly marked as the point at which ones is entering into a booking contract. This is the legally binding order which prompts Elumbus to arrange transportation or other touristic service with a particular service provider on behalf of the customer. Delivery of the service booked as such is not part of our obligations as travel agent The customer is committed to the mediation order for 72 hours. Elumbus will accept the booking order, or as a rule will contact the customer within this time limit Elumbus is at liberty to charge a non-refundable fee, in line with the current service charge list, for acting as the agent. The cost of the fee is dependent on the service for which Elumbus is acting as the agent. All chargeable fees are displayed before booking completion. Additional service charges for further agent services are can be seen in advance and at any

4 time on the website under Service Charges. In the case of cancellation, service charges will not be refunded, unless Elumbus and/or their participating agents are responsible for the cancellation The forwarding of your binding booking order will be confirmed by an automated with the subject pre-confirmation. This serves only for information purposes and does not constitute a binding acceptance of the booking. Subsequently, checks are made as to the accuracy of the transfer of the booking and payment to the service provider If the service is available, acceptance of the booking occurs via the sending of a binding confirmation in the form of an invoice from Elumbus or through charging the credit card or bank account of the customer. The invoice contains the booking details. The mediation by the agent is complete as soon as the travel documents have been dispatched to the customer After the booking is completed by the customer, if applicable Elumbus may undertake a price optimisation of the flight connection chosen by the customer. In such a case, Elumbus will arrange a flight price (including taxes and charges) with the airline company which differs from the booking order requested by the customer. The departure and arrival airports selected by the customer stay the same. In this instance, Elumbus reserves the right to change flight numbers, provided that the current flight times specified by the service provider in each case remain unchanged. Travel classes are only part of the binding contract when they appear as confirmed on the invoice. If the flight price arranged by Elumbus is greater or less than the price given in the customer s booking due to the price optimisation, Elumbus absorbs the difference, be it a positive or negative change. Therefore, for the customer, the flight price stated in the binding booking is in any event definite, provided that there is not an unannounced change on the part of the service provider (see 7.3.). 3. Payment 3.1. Flights and/or further tourism-related services are to be paid in full to the stated account by credit card/direct debit from your account, or if you select to pay via bank transfer, promptly following the receipt of the invoice or initial confirmation. The payment methods stated on the website are the only accepted forms Payment by direct debit is accepted, provided that the user has a current account registered in Germany, that there are a minimum of 10 working days between the booking and the departure date, and that the service provider accepts payment by direct debit In order to guarantee the ticket is issued according to the terms in the reservation, the payment and the proof of payment must be completed immediately, on the day of the booking. In the case of a bank transfer, the proof of payment must be made available in the form of an approved receipt (signed by the bank, an online banking confirmation slip or bank statement).

5 3.4. Elumbus carries out the standard safety checks, in order to counteract misuse of credit cards and bank accounts. For this reason, you may receive an requesting you to send a photocopy of an identification document (ID, Passport) of the credit card or bank account holder, and/or a photocopy of the credit card by fax or to Elumbus, before tickets will be issued. The lack of a declaration of consent in such a case does not lead to a free cancellation of the booking. Elumbus reserves the right to issue tickets in advance in individual cases, in order to be able to guarantee special rates In the case of payment occurring after the stipulated period, or a lack of proof of payment, Elumbus reserves the right to withdraw from the mediation contract. Thereby, all services will be cancelled by the service provider, and fees and expense charges accrued due to this cancellation will be forwarded on to the customer Elumbus reserves the right to forward on any credit card or direct debit fees relating to the cancellation to the customer. The customer retains the right to prove in that no or less expense was suffered. 4. Service Packages 4.1. Our service packages will be offered to you before the completion of the booking. A retrospective purchase is not possible. The service packages cover all services which Elumbus offers in their position as the travel agent. Services from airlines or other service providers lie outside of our area of influence and therefore cannot be covered within the service package. Charges, which are levied by the airline companies, intermediate agents and other service providers are to be paid additionally An overview of the charges incurred by Elumbus when not purchasing a service package can be found at: 5. Travel Documents 5.1. For bookings with electronic tickets or vouchers where payment has been completed, the e-tickets will be sent within a minimum of 14 days before the departure date to the address given at the time of booking. There is no requirement to distribute or send travel documents earlier. For bookings where travel commences within 14 days, the dispatch will take place punctually before departure If an e-ticket (electronic, paperless ticket) is not booked, or if the provision of an e- ticket is not possible, the travel documents will be sent by post. When payment occurs by bank transfer, the travel documents will be sent within a minimum of 14 days of departure. In the case of last minute bookings, the travel documents will be kept at the airport, or sent by an express postal service. Postage costs as well as any fees for keeping the documents at the airport which may arise are to be paid by the customer. These costs are non-refundable in the case of a cancellation, unless Elumbus or one of its fulfilment agents is responsible for the cancellation. Lost tickets will be replaced according to the regulations applied by the

6 airline. Fees for replacement tickets will be levied according to the relevant charges valid at the time. The customer retains the right to prove in that no or less expense was suffered Elumbus is reliant on the accurate provision of information by the customer. Thereby, Elumbus is not liable for failed access to confirmations or important information due to incorrect address details or other reasons caused by yourself. You are therefore obliged to inform Elumbus of any eventual changes to your address or telephone number immediately It is in your own interest and it is your obligation to check the contract and travel documents made available to you by the service provider for accuracy and thoroughness in accordance with the booking and the mediation contract. Notably included in this are booking confirmations, airline tickets, hotel vouchers, visas, insurance papers and other travel documents. If you fail to fulfil this obligation, any potential right to compensation based on the legal regulations pertaining to the duty of mitigation (Section 254 of the German Civil Code) may be restricted or completely void. Legal liability to pay damages on our part is completely eliminated if the conditions detailed here are not identifiable to us and we are not responsible for them Prior to the receipt of full payment, there is no obligation to distribute tickets, confirmations, vouchers or other travel documents to you. The customer remains obliged to pay the arranged amounts for the travel services that have been booked. 6. Booking Conditions 6.1. Rebooking/Changes to bookings The possibility of making a change to a booking, or rebooking a service is governed solely by the travel contract/contract of carriage, as well as the terms and conditions of the service provider concerned and cannot be influenced by Elumbus. Depending on the ticket tariff, point in time that the changes are requested as well as on the service provider, it may occur that in some instances there is no possibility to make changes Rebookings are made by Elumbus subject to reconfirmation from the service provider within a suitable processing period. We recommend to make the confirmation of changes in writing in order to avoid misunderstandings. The confirmation can be sent by to reiseservice@elumbus-reisen.de, stating the booking number Potential costs for the rebooking or part travel payments to be paid are decided in accordance with the conditions of the relevant service provider. In the case of a rebooking, our claim to reimbursement of expenses remains in place according to our service charge rates. The customer is at liberty to prove that little or no expense had occurred up to this point

7 6.2. Cancellations/contract withdrawal The ability to cancel a booking is based solely on the travel contracts/contracts of carriage as well as the terms and conditions of the individual service provider and cannot be influenced by Elumbus. Depending on the ticket tariff, point in time that the changes are requested as well as on the service provider, it may occur in some instances that no refund is provided. For details and the full terms and conditions please ask our Service Center. Elumbus will communicate information to the best of their knowledge to the customer, however, is not liable for accuracy of completeness of the information provided by the airlines A partial refund for sections of the route which are not flown is generally excluded under the airline s terms and conditions Cancellations are made by Elumbus subject to reconfirmation from the service provider within a suitable processing period. We recommend to make the cancellation in writing in order to avoid misunderstandings. The contract withdrawal can be sent by to reiseservice@elumbus-reisen.de, stating the booking number In the event of a full or partial reimbursement, it is compulsory to return all original paper flight tickets issued back to Elumbus In the case of a cancellation, our claim to reimbursement of expenses remains in place according to our service charge rates. The customer is at liberty to prove that little or no expense had occurred up to this point. If the cancellation is demonstrably be due to an unsatisfactory service provided by Elumbus, Elumbus receives no reimbursement Please note that if a flight is not used, and the cost of the ticket is not reimbursable, taxes and airport charges which were subsequently not incurred may be partially recoverable. The amount of refundable taxes and charges will be calculated and authorised by the contracted airline. We are happy to initiate the enquiry process for you. 7. Service and Price Changes 7.1. The scope of contractual services is based on the service description in the offer or according to the information in the travel confirmation/invoice. The service provider strictly reserves the right to need to change the airline, aircraft, the travel class, flight number, flight plan, as well as the potential need to convert non-stop flights into flights with stopovers or transfers Elumbus will inform the customer about changes to flight times or flight cancellations exclusively by to the address given at the time of booking, unless specific alternative arrangements have been made. We advise reconfirming all flights with the relevant airline 48 hours before the outward and return journey. If this reconfirmation is not undertaken and the failure to reconfirm is the cause for an eventual occurrence of damage, Elumbus is not liable to pay such damages.

8 7.3. The rights to price changes and unannounced tariff cuts by airlines are strictly reserved and are not subject to influence by Elumbus. Elumbus is entitled to forward on changes to flight tariffs or valid additional charges by the airline on to you. The admissibility and the amount of any price or tariff changes are based on the service provider s travel conditions In the case of non-intentional errors which arise in the mediation contract, Elumbus reserves the right to offer an appropriate alternative or the option to freely withdraw from the contract. In the case of separate bookings with different order numbers and/or via different portals or service providers of people travelling together, there is no right to identical alternatives. 8. Entry regulations, Visas and insurance 8.1. Please take note of the information provided by the various service providers, relating to passport, visa and health requirements, as well as the time limits allowed for obtaining the necessary documents. You are responsible for procuring passport, visa and health documents yourself. All detriments arising from non-compliance with these requirements are at your expense, unless the failure to follow the requirements is caused by incorrect or a lack of information by Elumbus The obligation for further explanation or information from Elumbus is only valid when particular or recognisable circumstances dictate that explicit advice is necessary, and the respective information (particularly for package trips) is not already included in the specification of services previously sent by the tour operator In accordance with the legal requirement to provide you with information, we will respond to questions asked diligently and with the required information, however we cannot be held accountable for subsequent changes or incorrectly presented content. We expressly point out that the rules can be changed at any time by the authorities. Customers are therefore advised to seek information directly from the relevant authorities and institutions Advice on this website relating to the passport, visa, foreign currency and health requirements of your travel destination assumes that you and your travel companions are German citizens with no personal particularities (for example: dual-citizenship, statelessness.) If this is not the case, please consult the relevant embassy or consulate for further information The aforesaid clauses apply in accordance with the information relating to customs requirements, health and police entry requirements as well as preventative health measures applicable to you and your travel companions We recommend taking out a travel cancellation insurance policy and insurance to cover repatriation costs in the case of an accident or illness, particularly since circumstances may occur (illness for example) for which neither Elumbus nor the service provider involved is liable. A travel cancellation insurance policy may be taken out along with the booking, if

9 desired. There is no obligation to provide further information or advice on the subject of other insurance options, insurance cover, protection cover and insurance conditions of travel insurance policies Unless especially and explicitly arranged beforehand, we are not responsible for handling the acquisition of visas or other documents required for travel. If Elumbus takes on this task as part of the agency contract, we are within our rights to charge for reimbursement of expenses, particularly telephone calls, courier services and applicable service bureaus which are hereby incurred without the need for prior agreement. We can still ask for compensation should the service be agreed upon in the contract or if the service was only possible for a fee. 9. Liability 9.1. The contractual services covered are based on the specification of services of the service provider as well as the corresponding details in the travel confirmation documentation. Elumbus is under no obligation to verify the information from the tour operator or other providers and is not liable for the accuracy or completeness of the information provided by the contractors involved. Elumbus points out that automatic confirmation of a booking caused by incorrect input of data or a software error allows Elumbus to contest any potentially closed contract. Elumbus is liable to carry out the role of the agent in the fashion of a diligent merchant on behalf of the customer Elumbus makes every effort to ensure that the information and other data available on the website, particularly in reference to prices, restrictions and dates, is current, complete and accurate at the time of publishing. Should however a booking with incorrect data (prices, dates, travel class) materialise as a result of a technical fault, Elumbus expressly reserves the right to refute the agent contract in such a case, under the relevant legal regulations Any liability by Elumbus is limited to intent and gross negligence, unless essential contractual duties are violated. In cases of slight negligence, Elumbus is only liable for typical and foreseeable damages. For each individual case, the liability of Elumbus for slight negligence is limited to the maximum amount paid for the service from which the claim results If Elumbus is deemed not liable, this exclusion of liability also applies to the employees, legal representatives and Elumbus agents. The providers of travel and travel services are not agents of Elumbus Acts of God which partially or wholly prevent the fulfilment of obligations by Elumbus exonerate Elumbus until the cessation of the act of God occurs. (Force Majeure) 9.6. The validity of any terms and conditions of the customer which do not concur with the following terms and conditions is expressly ruled out.

10 10. Data Protection 10.1 The booking is processed with regard to the relevant applicable data protection regulations. Elumbus commits to using data provided by customers in registering and using Elumbus services, which has been processed and stored by Elumbus, solely for the handling of contracts which have come to exist with the involvement Elumbus. This data will not be passed on to third parties, so long as there is no legal or governmental obligation to do so. For example, to combat malpractice, particularly credit card fraud. If required for the handling of a closed contract, the customer data acquired during the registration process may be forwarded on to service providers and third parties. Your personal data such as dates of birth and names of travel companions will be asked as and when the need arises, in case they are needed for the booking. This additional data will not be stored beyond the completion of your trip. 11. Links to other websites 11.1 This website contains further hyperlinks which lead to websites of external providers. Elumbus has no influence over their design and content and for this reason accepts no responsibility for the accuracy, actuality, integrity and quality of the information made available there. Elumbus explicitly distances itself from all content on these external websites. Please direct all concerns relating to such websites to the owner of the relevant site. 12. Changes to the terms of business Elumbus reserves the right to make changes to or renew the terms of business relating to the use of this website at any time in the future, without the obligation to inform users. The current version of the general terms of business will be made available on the website and will be available from the date and time at which they take effect. 13. Safeguarding clause and Place of jurisdiction Should one of the aforesaid clauses prove ineffective or unenforceable, this does not affect the validity of the other clauses Disputes regarding this contract will be dealt with exclusively according to German law. Provided they are a registered trader, the customer may only take Elumbus to court in the place of business of Elumbus Berlin. There may be exceptions to this within the EU Elumbus Head Office: Espania Código de Identificación Fiscal, CIF: :