General standard terms and conditions
General Terms and Conditions for the Arrangement of Individual Travel Services within the terms of § 651a Section. 3 sentence 1 BGB (German Civil Code)The following General Terms and Conditions regulate the legal relationship between the traveller and the agent Sardegna GmbH UKL for the mediation of individual travel services within the terms of § 651a Section 3 sentence 1 BGB.
1. Signing of the mediation contractThe traveller can request availability and prices from the agent by post, telephone or online. The agent compiles the prices and availability for the traveller on behalf of the respective tour operator / service provider. This is a non-binding offer. If the traveller is interested, he or she informs the agent in writing by email, or by telephone. The binding offer will only be prepared and communicated to the traveller upon request. In the case of holiday villas, the traveller can have an item reserved without obligation for a limited period of time. The contract with the respective tour operator / service provider is only concluded when the agent declares acceptance of the contract in relation to a binding offer.
Herewith the contract between the traveller and the agent for the mediation of travel services is also concluded. The order and acceptance do not require any particular form. The reciprocal rights and obligations of the traveller and the agent result, insofar as there are no compelling legal provisions to the contrary, from the contractual agreements made in the individual case, these General Terms and Conditions and the legal provisions, in particular §§ 651a ff. of the German Civil Code (BGB) in conjunction with Art. 250 ff. of the German Civil Code (BGB). EGBGB and §§ 675, 631 ff. BGB concerning paid business management.
2. Duties to provide information when arranging individual travel services in the terms of § Section 651a (3) sentence 1 BGB (German Civil Code)When providing information, the agent is responsible for the accurate selection of the information source and its accurate communication to the traveller within the framework of legal regulations and contractual agreements. According to § 675 Section 2 BGB, the agent is not liable for the accuracy of information provided unless a special information contract has been concluded between the traveller and the agent. The agent does not guarantee prices, services, booking conditions and other circumstances of the mediating travel services within the terms of § 276 Section 1 sentence 1 of the German Civil Code (BGB) and does not guarantee the availability of the services mediated by the agent, unless this has been expressly agreed with the agent. The agent may accept special requests only for forwarding to the touristic service provider to be mediated, but is not responsible for the fulfillment of such special requests. As a rule, special requests require the express confirmation of the touristic service provider in order to become the content of the contractual obligations of the touristic service provider.
3. Rebooking and withdrawalIf the traveller wishes to change bookings or withdraw from the travel services arranged by the agent, this shall be governed by the terms and conditions of the respective touristic service provider. The agent is entitled to invoice the traveller for all costs incurred as a result of rebooking or withdrawal and partial travel remuneration in the name of the respective touristic service provider and to collect or retain these amounts (power of collection).
In addition, the agent shall charge the following service fees for rebooking / cancellation:
- for rebooking and / or cancellation of flight and ferry tickets: 20,00 € per person
- for rebooking and / or cancellation of rental cars: 20,00 € per rental car
- for changes and / or cancellations of holiday homes and apartments: 100,00 € per property
- for changes and / or cancellations of hotels: 50,00 € per hotel booking
- for changes and / or cancellations of sailing charter: 50,00 € per booking
- all other mediated services will be invoiced according to expenditure.
These service fees are independent of any cancellation fees from travel contracts mediated by the agent. For these, the respective general travel conditions of the respective tour operator / service provider apply. The agent reserves the right to charge the service fees described above according to the actual costs incurred. The traveller is at liberty to prove to the agent that he or she has suffered no loss or a substantially lower loss than the lump sum demanded by the agent.
4. Obligations of the traveller to cooperate; inclusion of general terms and conditions of mediated touristic companies4.1 The traveller must immediately inform the agent of any recognizable errors or defects in the mediation work of the agent after its identification. In particular, this includes incorrect or incomplete details of personal customer data, other information, information or documents about the mediated travel services, as well as the incomplete execution of mediation services which the traveller had commissioned. The agent must be given the opportunity to remedy the situation. If this notification is culpably omitted, any claims of the traveller arising from the mediation contract shall lapse, insofar as a reasonable remedy by the agent would have been possible.
4.2 If a contract is concluded between the traveller and the mediated tour operator/service provider as a result of the agent's mediation activities, the General Terms and Conditions of Travel as well as the other regulations of the respective tour operator/service provider shall also apply, provided that the inclusion regulations are observed. These may include terms of payment, provisions on payment due dates, liability, cancellation, rebooking, repayment, limitation of liability, explanatory and limitation periods as well as other contractual conditions. The traveller is obliged to contact the specific tour operator/service provider directly regarding the exact content of the applicable travel terms and conditions and other regulations.
5. Travel insurancesThe agent draws attention to the possibility of taking out travel cancellation insurance, travel interruption insurance and foreign health insurance, also to cover possible repatriation costs in the event of travel interruption due to accident or illness, as well as to the possibility of taking out travel accident or luggage insurance.
6. Liability of the agent / liability limitations6.1 The agent is not liable for the provision of the travel service itself, but exclusively for ensuring that the mediation is carried out properly. The agent shall make reasonable efforts to ensure that the information and other data made available to the traveller, in particular with regard to prices, restrictions and dates, are up to date, complete and correct at the time of publication.
6.2 The agent assumes no liability for the correctness, completeness or reliability of external content. All travel services offered are only available to a limited extent. For the performance of the travel services by the mediated tour operators / service providers, any liability / warranty by the agent is excluded.
6.3 The contractual liability of the agent for damages that are not bodily injuries is limited to three times the value of the respectively mediated travel services, as far as a damage of the traveller was caused neither intentionally nor grossly negligently by the agent. The agent is not liable for loss, destruction or damage of travel documents in connection with their dispatch for which the agent is not responsible. The individual travel details are based on the details provided by the mediated tour operator or provider of touristic travel services. These do not represent any assurance on the part of the agent. The agent is not liable for the availability of a travel service at the time of booking. This does not apply if the agent was aware of incorrect or inaccurate information or had to be aware of it when exercising commercial or customary care. In this respect, however, the liability of the agent for having to know such circumstances is limited to cases of intent or gross negligence and is also limited to three times the value of the mediated travel services.
6.4 If the agent—without being obliged to do so—takes over the forwarding of the traveller's letter of claim which meets the deadline, the agent shall only be liable for timely arrival at the recipient's location in the event of failure to meet the deadline caused intentionally or through gross negligence on his or her part. With regard to any claims the traveller may have against the mediated tour operator / service provider, the agent is under no obligation to provide advice on the type, scope, amount, prerequisites for claims and deadlines to be met or other legal provisions.
6.5 A possible personal liability of the agent from the culpable violation of agent obligations as well as the liability according to § 651x BGB (liability for booking errors) remains unaffected by the above provisions.
7. Alternative dispute resolution; choice of law and jurisdiction7.1 With regard to the Consumer Dispute Resolution Act, the agent shall point out that the agent does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for the agent after the printing of these General Terms and Conditions, the agent shall inform the traveller of this in an appropriate manner. The agent refers to the European Online Dispute Resolution Platform https://ec.europa.eu/consumers/odr/ for all travel contracts concluded in electronic legal transactions.
7.2 For travellers who are not nationals of a member state of the European Union, the EEA or Swiss citizens, the exclusive validity of German law is agreed upon for the entire legal and contractual relationship between the traveller and the agent. Such travellers may sue the agent exclusively at the agent's registered office. For claims of the agent against travellers or contractual partners of the mediated contract who are commercial entities, legal entities under public or private law or persons who have their place of residence or habitual abode abroad or whose place of residence or habitual abode is not known at the time the claim is filed, the place of jurisdiction is agreed to be the seat of the agent.
8. Severability clauseThe invalidity of individual provisions of the mediation contract shall not result in the invalidity of the entire mediation contract. The same applies to the above General Terms and Conditions for the mediation of individual travel services.
Travel-Agent:Sardegna GmbH UKL
D-81479 Munich, Germany
Fax number: +49-89-999533310
Managing Director: Ursula Kaup-Leopold
Status: September 2019