Terms and Conditions for travel agency Sundown-Travel

 

§ 1 Area of application

(1) The company "SUNDOWN-TRAVEL", D-82237 Wörthsee, Inningerstraße 6, operates an online travel agency under the internet address www.Sundown-Travel.com, on which the customer can take advantage of travel agency services. Furthermore, the SUNDOWN-TRAVEL operates a travel agency in GR-Plataria / Igoumenitsa with the aim of providing all tourist services.

(2) The present General Terms and Conditions form part of the agency contract between the customer and the SUNDOWN-TRAVEL as travel agent (travel agency contract).

In addition, the statutory provisions applicable to the travel agency shall apply unless otherwise agreed in individual cases. Differing terms and conditions of the customer is expressly contradicted.

(3) If the customer acts as an entrepreneur, legal entity under public law or special fund under public law and if nothing else has been agreed upon in individual cases, these general terms and conditions also apply to all future business relationships, even if they are not be expressly agreed again.

 

§ 2 Definitions

For the purposes of these terms and conditions is or are:

1. "Customer" Persons who use the travel agency on the part of the travel agency SUNDOWN-TRAVEL

to take;

2. "Passenger" means a customer who has been awarded, within the scope of the services of travel agency SUNDOWN-TRAVEL, one or more contracts for air services / services of the ferry companies or a contract comprising such services;

3. "service providers" natural persons or legal entities or persons who are to carry out the individual travel services (eg holiday home owners, hoteliers, car rental companies, ship owners, event organizers, travel insurers and / or ferry companies / airlines) including the tour operator himself;

4. "Tour Operator" Third party, which is mediated by travel agency SUNDOWN-TRAVEL with the customer

sign a contract to provide a total of travel services (travel) to the customer.

 

§ 3 Cancellation Policy

Withdrawal:

You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail).

The period begins after receipt of this instruction in writing, but not before conclusion of the contract and not before fulfillment of our information obligations. Prerequisite is the timely dispatch of the revocation.

The revocation must be sent to:

SUNDOWN-TRAVEL, GR-46100 Plataria / Igoumenitsa, Email: info@Sundown-Travel.com

Returns:

In the case of an effective cancellation, the services received on both sides must be returned and, if applicable, any benefits derived (eg interest) must be surrendered. If you can not grant us or return the received performance as well as usages (eg advantages of use) or only partially or only in a deteriorated condition, you have to pay us compensation. This may result in your having to fulfill the contractual payment obligations for the period until your withdrawal.

Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your revocation, for us with their receipt.

Special instructions:

Your right of revocation expires prematurely, if the contract is completely fulfilled by both parties at your express request, before you have exercised your right of revocation.

End of revocation

​

§ 4 Non-existence or exclusion of the right of withdrawal

(1) If the customer acts as an entrepreneur, ie in the exercise of his independent or commercial activity, as a legal person under public law or as a special fund under public law, he is not entitled to the right of revocation under § 3.

(2) Furthermore, the right of withdrawal does not apply to distance contracts

1. for the delivery of goods that are clearly tailored to personal needs or that are not suitable for return due to their nature

2. for the supply of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the consumer,

3. for the delivery of newspapers, magazines and magazines, unless the consumer has made his contract by telephone.

 

(3) Furthermore, the travel agency SUNDOWN-TRAVEL points out that the provisions on distance contracts, inter alia, do not apply to contracts:

1. on the part-time use of residential buildings, long-term holiday products as well as on brokerage contracts or exchange system contracts,

2. about insurance and its mediation,

3. on the provision of services in the areas of accommodation, transportation, delivery of food and drinks and leisure activities, if the entrepreneur at the conclusion of the contract

obliged to provide the services on a specified date or within a specified period.

In this respect, the statutory provisions on the area of ​​application, scope and exclusions of the statutory right of revocation apply.

 

§ 5 Conclusion of contract

(1) With the booking order, which can be given orally, in writing, by telephone or in text form, eg by fax, e-mail or otherwise electronically (eg entering the required data on the Sundown-Travel.com website), the customer offers the travel agency SUNDOWN-TRAVEL binding the conclusion of a brokerage contract for travel services. The customer is bound to the offer until the end of the third working day following the day of the offer. If the order is placed by the customer electronically, the travel agency SUNDOWN-TRAVEL basically only confirms the receipt of the order by electronic means. An acknowledgment of receipt does not constitute acceptance of the agency contract. A contract and thus a contractual Binding on the individual achievements however comes off then if the travel agency SUNDOWN TRAVEL accepts the offer of the customer expressly by an order confirmation or by conclusive action, in particular by preparation of the booking or other mediation service. The contract does not require a specific form.

(2) Even with the brokerage of individual travel services, the travel agency SUNDOWN-TRAVEL does NOT establish a travel contract for a totality of travel services within the meaning of the travel contract law. The service of travel agency SUNDOWN-TRAVEL extends only to the mediation of a contract between the customer and the desired service provider.

 

§ 6 contractual obligations of travel agency SUNDOWN-TRAVEL

(1) The contractual obligation of travel agency SUNDOWN-TRAVEL consists in the execution of the

Arranging the desired travel, transport, accommodation and / or travel insurance contract necessary actions in accordance with the between the travel agency SUNDOWN-TRAVEL and the customer closed travel agency contract, the associated advice as well as the provision of travel documents. Unless otherwise agreed in an individual case, the travel agency SUNDOWN-TRAVEL is only for the timely and complete transmission of the Booking documents, but not for the actual conclusion of the booking request of the customer corresponding contracts with each to be mediated service providers responsible.

(2) When providing information and information, the travel agency SUNDOWN-TRAVEL shall be liable within the framework of the law and the contractual agreements for the correct selection of the source of

 

information and the correct disclosure of the information to the customer. An information contract with a contractual obligation to provide information only comes about with a corresponding express agreement.

(3) The travel agency SUNDOWN-TRAVEL, as a mere agent of a contract of carriage with or with the involvement of a ferry company, is obliged to inform the ferry guest at the time of booking about the identity of the operating ferry company as well as all transport services to be provided in the course of the booked journey. If at the time of booking the executive Ferry company is not yet established, the service provider will name the ferry company to the ferry guest who is likely to carry out the carriage. Once the identity is established, it will be communicated to the ferry guest. When changing the ferry company, the ferry guest will be informed as soon as possible about the change from the service provider.

 

§ 7 Entry regulations, visa and insurance

(1) The customer will receive both the information of travel agency SUNDOWN-TRAVEL and those of

pertinent to passport, visa and health regulations, including the deadlines for obtaining any necessary documents. For the procurement of passport, visa and health documents - unless otherwise agreed in individual cases - the customer is responsible.

(2) The travel agency SUNDOWN-TRAVEL shall only provide such information or information if special circumstances which are known or identifiable by the travel agency SUNDOWN-TRAVEL upon fulfillment of the contract require an explicit reference and the corresponding information (in particular at Package tours) are not already included in a travel brochure of the service provider available to the customer.

(3) In the event of the existence of a duty to provide information justified in accordance with the above provision, the travel agency SUNDOWN-TRAVEL assumes without special notice of the customer or in the absence of other knowledge that the customer and any fellow travelers are German citizens and not in the person of the customer or Any fellow travelers lying peculiarities (eg dual citizenship, statelessness) are present.

(4) Relevant information obligations on the part of the travel agency SUNDOWN-TRAVEL are limited to the provision of information from or from suitable sources of information, in particular from current industry-standard reference works or the disclosure of information from foreign embassies, consulates or tourism offices. In this respect, the travel agency SUNDOWN-TRAVEL has no specific obligation to investigate without express agreements in this regard. The travel agency SUNDOWN-TRAVEL can also fulfill the obligation to inform by the fact that the travel agency SUNDOWN-TRAVEL refers the customers to the necessity of their own special demand at the relevant information points.

(5) The above provisions shall apply mutatis mutandis with regard to information about customs regulations, sanitary entry regulations as well as regarding health prophylactic precautionary measures by the customer and any fellow travelers.

(6) The travel agency SUNDOWN-TRAVEL recommends the conclusion of a cancellation insurance and insurance to cover the return costs in case of accident or illness. A travel cancellation insurance can be completed at the time of booking. A further obligation for the information or consultation over further insurance possibilities, extent of insurance, covering protection and insurance conditions of travel insurance exists for the travel agency SUNDOWN-TRAVEL not.

(7) The travel agency SUNDOWN-TRAVEL is only obligated to procure visas or other documents necessary for the travel, if this was agreed in the individual case.

In the event of acceptance of such an order, the travel agency SUNDOWN-TRAVEL will demand the reimbursement of expenses incurred by the travel agency SUNDOWN-TRAVEL, in particular for telecommunication costs and for costs of courier services or relevant service companies, as well as compensation.

 

§ 8 Tour Operator and Conditions of Carriage

For the execution as well as the payment of the travel agency SUNDOWN-TRAVEL only mediated

Travel services are exclusively subject to the General Terms and Conditions of Carriage of the respective service providers. The customer finds these printed in the basis of the booking prospectus, the catalog of the service provider or otherwise provided by the travel agency SUNDOWN-TRAVEL. In the case of transport services, the conditions of carriage issued by the competent transport authority or under international conventions shall additionally apply.

 

§ 9 Arrangement of scheduled tickets and train tickets

(1) Even when arranging a ticket for a scheduled airline or ferry tickets, the travel agency SUNDOWN-TRAVEL acts exclusively as an intermediary of a contract of carriage. As an agent, the travel agency SUNDOWN-TRAVEL does not provide its own transport services and is therefore not liable for the proper performance of the transport service by the transport companies.

(2) The published prices for the flight or ferry booking usually contain none

or only a small commission for the brokerage by the travel agency SUNDOWN-TRAVEL. When commissioning to mediate a scheduled flight ticket or a ferry ticket, the travel agency SUNDOWN-TRAVEL therefore raises a transfer fee (service charge) for the brokerage services. Fees for the placement activity and other business transactions in connection with the booking order are shown separately by travel agency SUNDOWN-TRAVEL. Unless otherwise agreed with the customer in individual cases, the current prices apply to the amount and due date of the respective charges, which can be requested at any time from the SUNDOWN-TRAVEL.

(3) The service fee remains unaffected by a rebooking, a name change, a cancellation or a non-use of the transport service. In these cases, further fees required by the service provider and / or service fees specified by the travel agency SUNDOWN-TRAVEL may arise (eg for rebooking, cancellation).

(4) As a booking agency, the travel agency SUNDOWN-TRAVEL is usually charged by the service provider with the costs of the booked transportation. The travel agency SUNDOWN-TRAVEL is obligated to the customer in this respect to collect the transport price for the service provider and has the right to assert it in its own name in court or out of court. Any compensation of the service provider to the travel agency SUNDOWN-TRAVEL for this collection activity shall not affect the price to be paid by the customer. Other forms of payment are not excluded as a result, they are based on the conditions applicable in the individual case of the service provider.

(5) For the contractual relationship between the customer and the service provider, the General Conditions of Carriage apply and, in the case of flight services, the statutory provisions of the applicable Air Traffic Act for domestic flights and, if applicable to the respective flight, the provisions of international treaties such as the Montreal Convention.

 

§ 10 reimbursement of expenses

(1) The travel agency SUNDOWN-TRAVEL is entitled to demand advance payments in accordance with the travel and payment terms of the mediated service providers, insofar as these include the corresponding down payment provisions. In the case of package holidays, down payments are only made in compliance with the legal requirements for customer deposit protection.

(2) The travel agency SUNDOWN-TRAVEL is entitled, but not obliged, to fully or partially disburse the payments to be made by the customer to the service provider for the customer, as far as the travel agency SUNDOWN-TRAVEL does Execution of the booking order and for the achievement of the purpose of the service according to the presumed will of the customer considered necessary.

(3) Even in the event of cancellation of the travel or transport contract (cancellation), the travel agency

(4) Price changes of the service provider are not subject to the influence of travel agency SUNDOWN-

TRAVEL. The travel agency SUNDOWN-TRAVEL is entitled to pass on any tariff changes and additional claims to the customer if the travel agency SUNDOWN-TRAVEL is charged with corresponding expenses on the part of the service providers.

(5) Expenses incurred by the travel agency SUNDOWN-TRAVEL in accordance with paragraphs 1 to 4 above may also be claimed by the travel agency SUNDOWN-TRAVEL without the express agreement of the customer for the legal justification of the reimbursement of expenses.

(6) The customer can not hold any claims against the mediated service provider, in particular the defective fulfillment of the brokered travel or transport contract, neither by way of retention nor by set-off. This does not apply if the travel agency SUNDOWN-TRAVEL has caused or contributed to the occurrence of such claims by a culpable violation of its own contractual obligations or is liable to the customer for other reasons for the asserted counterclaims.

 

§ 11 Remuneration of the travel agent

(1) The travel agency SUNDOWN-TRAVEL is entitled to demand a separate payment from the customer for the services of travel agency SUNDOWN-TRAVEL, if this has been agreed. The travel agency SUNDOWN-TRAVEL will inform the customer about the resulting costs before placing the order.

(2) If, at the customer's request, changes are made to the date of travel, destination, place of travel, accommodation, mode of transport or choice of service provider (rebooking) after booking and registration, the travel agency SUNDOWN-TRAVEL can enter per passenger Charge rebooking fee. Paragraph 1 shall apply accordingly.

 

§ 12 travel documents

(1) The travel agency SUNDOWN-TRAVEL has, together with the customer, the obligation to provide travel and travel documents of the arranged travel company, which are provided to the customer by the travel agency SUNDOWN-TRAVEL, in particular booking confirmations, air tickets, ferry tickets, hotel vouchers, visas, insurance certificates and others Check travel documents for correctness and completeness, in particular for compliance with the booking and the placement order. In doing so, the customer is obligated to immediately notify the travel agency SUNDOWN-TRAVEL of recognizable errors, deviations, missing documents and / or other discrepancies. If the customer does not comply with this obligation, any compensation for damages under the statutory provisions regarding the obligation to reduce damages may be limited or completely excluded.

(2) As a rule, the customer receives the travel documents directly from the service provider either by post or by e-mail. If a transfer is made by the travel agency SUNDOWN-TRAVEL, the travel documents will be sent by email or by post to the customer. If, except in cases of deposit, the customer does not have the travel documents available no later than one working day before departure, it is the customer's responsibility to contact the travel agent SUNDOWN-TRAVEL immediately.

 

§ 13 Complaints

(1) Contractually agreed rights of defects, claims for compensation from the contract of carriage and / or travel insurance contractual settlement claims can not be made against the

Travel agency SUNDOWN-TRAVEL asserted. In the event of complaints or other assertion of claims for defects against the brokered service providers or travel insurance, the obligation of travel agency SUNDOWN-TRAVEL is limited to the provision of all information and documents that are of importance to the customer, in particular the communication of names and addresses of the service providers or Insurer. In particular, the travel agency SUNDOWN-TRAVEL is not obligated to accept and / or forward corresponding declarations or documents in the individual case in the absence of an individual agreement.

(2) The travel agency SUNDOWN-TRAVEL has neither the obligation, nor the travel agency SUNDOWN-TRAVEL is allowed to advise the customer with regard to any claims against the mediated service provider or insurer, eg in particular on the nature, extent, amount, eligibility requirements and deadlines to be met or other legal provisions. The travel agency SUNDOWN-TRAVEL refers to the general terms and conditions of the service providers.

 

§ 14 Liability of the travel agent

(1) The travel agency SUNDOWN-TRAVEL shall indemnify or reimburse useless expenditures, for whatever legal reason (eg from legal transactions and legal transaction-like obligations, breach of duty and tort), only to the following extent:

a) The liability for intent and guarantee is unlimited.

b) In the event of gross negligence, the travel agency SUNDOWN-TRAVEL is liable to entrepreneurs in the amount of the typical damage foreseeable upon conclusion of the contract. The travel agency SUNDOWN-TRAVEL is fully liable to consumers.

c) Liability for simple negligence is excluded. However, the travel agency SUNDOWN-TRAVEL is liable in the amount of the breach of a contractual obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contracting party regularly relies (so-called cardinal obligation, eg, redelivery of the booking request to the service provider) typically predictable damage when the contract is concluded.

d) If the travel agency SUNDOWN-TRAVEL is in arrears with its services, then the travel agency SUNDOWN-TRAVEL is liable for this service also for coincidence without limitation, unless the damage would have occurred even with timely performance.

(2) As far as the liability of the travel agency SUNDOWN-TRAVEL is excluded or limited, this also applies to the personal liability of the employees, representatives and vicarious agents of the travel agency SUNDOWN-TRAVEL.

(3) The limitations of this § 14 (Liability) shall not apply to the liability of travel agency SUNDOWN-TRAVEL for damages resulting from injury to life, limb or health and for claims under the Product Liability Act. Nor shall these apply, as far as the travel agency SUNDOWN-TRAVEL in the context of the provision of several main tourist services (in accordance with the legal term of the package holiday) in individual cases should give the appearance of providing the intended travel services on their own responsibility.

 

§ 15 Exclusion of claims and statute of limitations

(1) Claims based on the breach of contractual obligations by the travel agency SUNDOWN-TRAVEL arising from the travel agency agreement shall be asserted to the travel agency SUNDOWN-TRAVEL within a limitation period of one month after the contractually agreed termination of the travel. After expiry of the period, the customer can only assert claims if he is not at fault for non-compliance with the deadline.

(2) Claims of the customer arising from the travel agency agreement concluded between the travel agency SUNDOWN-TRAVEL and the customer become statute-barred one year from the end of the year in which the claim arose and the customer became aware of the circumstances giving rise to the claim or without gross negligence, unless the claims are based on injury to life, limb or health or on intentional or grossly negligent breach of duty by the travel agency SUNDOWN-TRAVEL.

 

§ 16 Privacy

The travel agency SUNDOWN-TRAVEL will fulfill all data protection requirements, in particular the

Specifications of the Data Protection Act and the Telemedia Act, observe. The data of the customer are collected only for the execution of the respective order, processed and passed on to third parties. A transfer of personal data to third parties without explicit consent does not, unless this is necessary for the provision of the service or to carry out the contract.

 

§ 17 Choice of law, place of jurisdiction

(1) Greek law shall apply excluding the UN Sales Convention.

(2) Place of performance and place of jurisdiction for all disputes arising out of and in connection with the contract underlying these General Terms and Conditions is for contracts with merchants, legal entities under public law or public law special funds. For complaints and applications of travel agency SUNDOWN-TRAVEL against the customer, any other legal jurisdiction of the customer.

 

As of: February 2019