AGB - City Air Terminal
1. Subject of the contract
City Air Terminal Reisebüro GmbH shall act as an agent for external travel services and consequently shall act only as an agent for external travel services. The travel or transportation contract shall be established between the traveller and the respective travel or transportation company (hereinafter referred to as service provider). Only a travel agency contract shall be finalised between the traveller and City Air Terminal Reisebüro GmbH. The latter shall concentrate on providing a proper agency service. In this respect the General Terms and Conditions shall apply. These shall not apply for the travel or transportation contracts. Only the general terms and conditions and contracts of the respective service provider shall apply there. General terms and conditions of the traveller which contradict the General Terms and Conditions of City Air Terminal Reisebüro GmbH shall not apply for the travel agency contract.
2. Conclusion of the contract
The traveller shall commission City Air Terminal Reisebüro GmbH to act as an agent for a transportation or travel service. In the case of an Internet booking, the booking shall be finalised as soon as the "Booking" button has been pressed. The traveller shall be bound to this request for 48 hours. City Air Terminal Reisebüro GmbH shall accept or reject the request within this period. If City Air Terminal Reisebüro GmbH does not respond within 48 hours, the traveller shall no longer be bound to their request. Acceptance by City Air Terminal Reisebüro GmbH shall be confirmed for the traveller in written form by transfer of a booking confirmation and a list of the services selected. Transfer in electronic form (email) shall also be regarded as written confirmation.
The traveller shall undertake to check that the data provided is correct and complete.
3. Changed booking and cancellation
The option of changing or cancelling a booked or confirmed travel service shall depend on the general terms and conditions and contractual provisions of the respective service provider.
4. Payment / Costs
The agent's fee for the activities of City Air Terminal Reisebüro GmbH shall be included in the travel service which is brokered. The price of the brokered travel service shall be collected by City Air Terminal Reisebüro GmbH on behalf of the service provider. Payment can be made by means of direct debit from a credit card or by means of a bank transfer. The traveller shall provide City Air Terminal Reisebüro GmbH with the required authorisation for this purpose. The price for the travel service shall be due immediately after receipt of the invoice. The charges of City Air Terminal Reisebüro GmbH for the effort required for changing or cancelling a traveller's booking (cf. item 3 above) shall be due immediately. When a booking is changed, these charges shall amount to €11 gross, and when it is cancelled to €18 gross.
The agent's fee shall not be returned when a journey is changed or cancelled. The customer shall be at liberty to prove that no or only a little effort was involved. If the cancellation or changed booking is the result of a contract violation on the part of City Air Terminal Reisebüro GmbH, no agent's fee or charges shall be incurred for changing or cancelling the booking. The traveller shall have no right to receive the travel documents before payment has been made in full.
5. Travel cancellation insurance
City Air Terminal Reisebüro GmbH urgently recommends the traveller to take out a travel cancellation insurance.
6. Liability, limitation of liability
City Air Terminal Reisebüro GmbH shall be liable to the traveller solely for the proper agency activity, not for the services to be provided by the respective service providers. Details of the travel legs brokered shall be provided solely on the basis of the information of the respective service providers vis-à-vis City Air Terminal Reisebüro GmbH. City Air Terminal Reisebüro GmbH can not accept any liability vis-à-vis the traveller for the correctness and completeness of these details. The liability of City Air Terminal Reisebüro GmbH for damages from its agency activity, on whatever legal grounds, shall be limited the three times the price of the service which was brokered. City Air Terminal Reisebüro GmbH shall only be liable for damages above and beyond this in the case of malicious intent or gross negligence. Automatic confirmation of a booking which results from incorrect data input or a programming error shall entitle City Air Terminal Reisebüro GmbH to challenge the contract.
7. Passport, visa, currency and health regulations
The traveller shall be responsible for complying with the applicable domestic and foreign entry and exit regulations, health regulations, and passport and visa provisions.
8. Severability clause
The invalidity of individual provisions above shall not result in all the General Terms and Conditions or the agency contract becoming invalid.
9. Legal venue and applicable law
The traveller can only bring an action against City Air Terminal Reisebüro GmbH at its legal domicile. The residence of the traveller shall be decisive for actions of City Air Terminal Reisebüro GmbH against the former, unless the action is directed against qualified merchants or persons who, after the agency contract was finalised, have moved their residence or regular domicile abroad, or whose residence or regular domicile is not known at the time the action is taken. In these cases the legal domicile of City Air Terminal Reisebüro GmbH shall apply/be agreed on. The contractual basis and the law applicable for the agency contract shall be German law and no other. City Air Terminal Reisebüro GmbH points out that the brokering of travel services in accordance with § 312 b para. 3 No. 6 BGB (German Civil Code) shall not be subject to the Distance Selling Act. The traveller shall therefore not be entitled to any right of withdrawal or return in accordance with § 312 d BGB.