General Terms and Conditions of Immer auf Reise - Company (as of February 2024)
The following terms and conditions become part of the intermediary contract/service contract concluded between ‘Immer auf Reise’ and the customer in accordance with §§ 675, 631 ff., 651 v ff. of the German Civil Code (BGB) and supplement the statutory provisions. Whenever the term "durable medium" is used in these conditions, it refers to any medium that allows the recipient to store or retain a personal statement addressed to them in such a way that it is accessible to them for a period adequate for its purpose, and that is suitable for reproducing the statement unchanged, according to § 126b BGB. This includes, among other things, USB sticks, CD-ROMs, DVDs, paper, emails, memory cards, and computer hard drives.
1. Conclusion of the Intermediary Contract
1.1 By submitting a booking request, the customer offers ‘Immer auf Reise’ or the mobile travel advisor the conclusion of an intermediary contract/service contract bindingly. The request can be made in person, in writing, orally, by telephone, or electronically (email, internet).
1.2 ‘Immer auf Reise’ or the mobile travel advisor mediates travel and transportation services on behalf of and at the expense of the respective tour operators and service providers (tour operators, railway companies, hoteliers, car rental companies, shipping companies, event organizers, travel insurers, and/or airlines) responsible for providing the travel and transportation services. The contract for the actual provision of the service is concluded between the customer and the tour operator and/or service provider.
2. Travel Registration, Obligations
2.1 ‘Immer auf Reise’ or the mobile travel advisor will, within the framework of availability and appropriate consultation, do everything necessary to mediate the desired travel, transportation, accommodation, and/or travel insurance contract between the customer and the contracting partner.
2.2 ‘Immer auf Reise’ will inform the customer clearly, understandably, and prominently on a durable medium in accordance with Art. 250 §§ 1-3, 251 EGBGB before the customer makes their contract declaration.
2.3 The customer is bound by the registration or booking they have commissioned. Upon receipt of the travel confirmation, the offer is considered accepted, and a legally binding contract is concluded. Free cancellation by the customer is no longer possible from this point on.
2.4 The customer is obliged to promptly provide all necessary documents and information for the booking to ‘Immer auf Reise’ upon receipt of the travel confirmation. Any disadvantages resulting from omissions or incomplete/expired documents are the customer’s responsibility.
2.5 ‘Immer auf Reise’ will inform the customer about the type and scope of the mediated services. These are the details provided by the tour operators and/or service providers. ‘Immer auf Reise’ is only liable for the completeness and accuracy of this information within the scope of the care required of a prudent businessman.
2.6 Documents and/or information provided by the respective contracting partner will be forwarded to the customer by ‘Immer auf Reise’ immediately.
2.7 Regulation (EC) No. 2111/2005 on informing passengers about the identity of the operating air carrier requires the seller of flight tickets to inform the customer about the identity of the operating airline for all flights within the booked trip at the time of booking. If the operating airline is not yet known at the time of booking, the service provider is obligated to inform the customer about the airline or airlines likely to operate the flight. Once the operating airline is known, the customer will be informed. If there is a change in the operating airline previously communicated to the customer, the customer will be informed of the change as soon as possible. In the context of code-sharing, it is possible that the airline named by the tour operator will have the flight operated in whole or in part by affiliated airlines. The customer will be informed of this as soon as it is known. This does not constitute a change in service. The “Community List” of unsafe airlines published by the EU Commission based on EU Regulation 2111/2005 is available at ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm.
3. Entry Regulations, Visas, and Insurance
3.1 ‘Immer auf Reise’ or the mobile travel advisor will inform the customer about general passport and visa requirements for the destination country, including approximate timeframes for obtaining visas, as well as health-related formalities (Art. 250 § 3 No. 6 EGBGB).
3.2 To fulfill the obligation under clause 3.1, the customer must fully inform ‘Immer auf Reise’ and the tour operator/service provider about their nationality, as well as that of all accompanying travelers, and any special circumstances, such as dual citizenship, statelessness, etc.
3.3 The customer is responsible for obtaining passport, visa, and health documents and for complying with the relevant regulations. Any disadvantages arising from non-compliance with these regulations are the customer's responsibility, provided that ‘Immer auf Reise’ has informed the customer properly according to clause 3.1 and the customer has met their obligations under clause 3.2.
3.4 The customer is obligated to adhere to both the customs regulations of the country visited and those of their home country. The customer must inform themselves about the applicable regulations.
3.5 ‘Immer auf Reise’ strongly recommends that the customer take out the following insurance policies: travel cancellation insurance, travel luggage insurance, travel interruption insurance, travel accident insurance, and travel health insurance.
3.6 The customer is solely responsible for obtaining visas or other necessary documents and travel permits required for the trip, e.g., US travel permits under the ESTA procedure, unless otherwise agreed. ‘Immer auf Reise’ is not liable for the timely issuance and receipt of necessary visas, travel permits, and other documents by the relevant diplomatic representation.
4. General Terms and Conditions and Transportation Conditions
The General Terms and Conditions and transportation conditions of the respective tour operators and/or service providers exclusively apply to the execution and payment of the travel and transportation services mediated by ‘Immer auf Reise’. For flight and train transportation services, the applicable conditions and tariffs established by the relevant transport authorities or international agreements apply.
5. Mediation Fees or Booking Charges
5.1 ‘Immer auf Reise’ charges a booking fee for the mediation of flights and hotels. This fee will be separately indicated at the time of booking. This applies to both consultations and cancellation or rebooking fees. In the case of a cancellation or rebooking, both our and external costs will be charged. The reason for cancellation is irrelevant.
5.2 The customer may withdraw from the trip and the mediation contract at any time before the trip begins. The relevant point in time is the receipt of the withdrawal declaration by the respective service provider. The customer is strongly advised to make the withdrawal in writing.
5.3 In the case of a flight cancellation, no refund will be provided regardless of the time of withdrawal. For the cancellation of other services (accommodation, transfers, etc.), the customer will receive a refund of the costs minus a cancellation fee of 20% of the booking value. Non-cancellable special services are excluded and will not be refunded.
5.4 The travel confirmation will indicate the deadline by which the individual services of the contract can be cancelled with the retention of the cancellation fee. If the customer withdraws after this date, the full booking amount will be due. No refund will be made, and any cancellation costs incurred with service providers/tour operators will be borne by the customer.
5.5. Payments are made according to the details in the booking confirmation either directly to the tour operator/service provider or directly to the Immer auf Reise company. Our mobile travel advisors work as independent sales representatives for us. They are not authorized to accept payments from customers. Activated chargebacks will incur a fee of €15.
5.6. Deposits are due immediately after the contract is concluded. Typically, this amounts to the full flight price plus 20% of the accommodation price. The remaining payment of 80% of the accommodation price and other services (e.g., transfers) is due by the date specified in the travel confirmation, but no later than 30 days before the start of the trip. Exceptions to this will be specified separately in the travel confirmation. For last-minute bookings, the full travel price is due immediately.
5.7. The amount to be paid immediately depends on the chosen payment method. The conditions related to this will be communicated to the customer upon selecting the payment method, and at the latest in the corresponding travel confirmation.
5.8. ‘Immer auf Reise’ reserves the right to cancel the trip and charge the customer for any resulting costs if payments are not made on time. These costs will be handed over to a collection agency after the reminder phase has expired.
6. Travel Documents
Travel documents and contracts from the mediated tour operator and/or service provider, which are handed directly to the customer or through ‘Immer auf Reise’ (booking confirmations, flight tickets, hotel vouchers, visas, insurance policies, and other travel documents), must be checked by the customer for accuracy and completeness, particularly in relation to the booking and mediation order. The customer must immediately inform ‘Immer auf Reise’ and the tour operator/service provider of any noticeable errors, discrepancies, missing documents, or other inconsistencies.
6.1 Travel-related warranty claims, claims for compensation under the transportation contract, and/or insurance claims must be asserted by the customer directly with the mediated tour operators, service providers, and/or insurers.
6.2 ‘Immer auf Reise’ or the mobile travel advisor is not authorized to advise the customer on the nature, extent, and amount of any claims, claim requirements, and deadlines, or other legal provisions concerning claims against the mediated tour operator, service provider, and/or insurer.
6.3 Complaints or other statements made by the customer regarding the provision of travel services, when submitted to ‘Immer auf Reise’, will be forwarded by ‘Immer auf Reise’ to the tour operator immediately, in accordance with § 651v No. 4 BGB.
6.4 The customer is advised to submit their statements according to clause 6.3 on a durable medium.
6.5 The provisions in clauses 6.1 - 6.3 do not apply to travel-related warranty claims if ‘Immer auf Reise’ itself is the tour operator.
7. Data Protection
Personal data provided by the customer to ‘Immer auf Reise’ will be electronically collected, stored, processed, transmitted to tour operators, service providers, and/or insurers, and used as far as necessary for contract execution. ‘Immer auf Reise’ will comply with all data protection regulations, including those applicable to third parties working for ‘Immer auf Reise’.
8. Consumer Information
8.1 The EU Commission's platform for online dispute resolution (the so-called OS Platform) for transactions concluded online can be found at [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr).
8.2 ‘Immer auf Reise’ is not willing and is not obligated to participate in dispute resolution procedures before a consumer arbitration board as defined by the Consumer Dispute Resolution Act.
9. Links / Frames
On our website, content (e.g., images, videos) from third parties is displayed during the booking process via hyperlinks or frames. ‘Immer auf Reise’ has no influence over these contents. The inclusion of hyperlinks or frames does not constitute approval of the content. If we receive a notice, we will promptly review the relevant content.
10. Data Protection
We use the data transmitted during a booking exclusively for contract execution; further information on data protection is provided in our privacy policy. This can be accessed on our website under the "Data Protection" section or at the following URL: [https://www.immeraufreise.de/datenschutz](https://www.immeraufreise.de/datenschutz).
Dispute Resolution / Consumer Arbitration Board
‘Immer auf Reise’ adheres to online dispute resolution in accordance with Art. 14 (1) ODR Regulation: The European Commission provides an online dispute resolution (ODR) platform, which you can find at [http://ec.europa.eu/consumers/odr/](http://ec.europa.eu/consumers/odr/). The General Consumer Arbitration Board can be found here.
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