Terms and Conditions for Travel Brokerage

Dear Customer,

You are planning a vacation. This can take the form of a package holiday, an individual service arranged by us, such as just a flight or hotel accommodation, or a combination of linked travel services.

The contracts for a package holiday or specific travel services are established directly between you and the tour operator or provider of individual services. The terms and conditions of travel, accommodation, or transportation that you are familiar with will apply.

Below, we provide some information about our role as a travel broker. This means we explain what we do to facilitate the contracts you wish to establish with tour operators or service providers. This is done based on the following provisions, provided they are validly agreed upon.

Scope of These Terms and Conditions

The following terms and conditions govern the legally distinct types of brokerage for travel services and package holidays, addressing the rights and obligations of the customer and the broker depending on the type of travel service being brokered.

Provisions for the Brokerage of Package Holidays in Accordance with § 651v BGB

The provisions in this part regarding the brokerage of package holiday contracts apply when the travel broker provides the standard information sheet on package holidays. In this form, the brokered tour operator is identified as the responsible entity for delivering the package holiday.

1. Contract Formation and Legal Provisions

1.1. A contract for the brokerage of a package holiday is established between the customer and the travel broker upon the broker’s acceptance of the customer’s brokerage request. The request and acceptance do not require a specific form. If the request is submitted electronically (e.g., via email or the Internet), the broker will promptly confirm receipt of the request electronically. This confirmation of receipt does not yet constitute confirmation of acceptance of the brokerage request.

1.2. The mutual rights and obligations of the customer and the travel broker are derived, unless mandatory legal provisions dictate otherwise, from the specific contractual agreements made in each case, these terms and conditions, and applicable legal provisions, particularly §§ 651a ff BGB in conjunction with Articles 250ff. EGBGB and §§ 675, 631 ff. BGB regarding paid management contracts.

1.3. The rights and obligations of the customer towards the brokered tour operator are determined solely by the agreements made with the tour operator, particularly their travel or business terms, provided these have been validly agreed upon. Unless otherwise agreed or specifically indicated, the conditions of carriage and fare regulations issued on a statutory basis by the competent transport authority or under international conventions apply for transportation services.

2. Payments and Declarations by Customers

2.1. Travel brokers and tour operators may only demand or accept payments towards the travel price before the package holiday has been completed if a valid insolvency protection agreement exists for the tour operator, and the customer has been provided with the insolvency protection certificate containing the name and contact details of the insolvency guarantor in a clear, understandable, and prominent manner.

2.2. The travel broker is considered authorized by the tour operator to receive complaints about defects and other declarations from the customer/traveller regarding the provision of the package holiday. The broker will promptly inform the tour operator of such declarations from the traveller. However, to avoid delays, the travel broker recommends that customers address such declarations directly to the tour operator’s representative on-site or to the contact point provided by the tour operator.

3. General Contractual Obligations of the Travel Broker, Information, and Advice

3.1. Based on these brokerage conditions, the customer is advised to the best of the broker’s ability. Upon request, the travel broker will submit the booking request to the package tour operator. Once confirmed by the package tour operator, the broker is obligated to hand over the documents related to the arranged travel service(s). This does not apply if it has been agreed that the package tour operator will send the documents directly to the customer.

3.2. When providing additional advice and information that the travel broker is not obligated to provide under § 651v para. 1 BGB in conjunction with Art. 250 §§ 1 to 3 EGBGB, the broker is liable under the law and contractual agreements for selecting the correct source of information and accurately passing it on to the customer. An advisory contract with a primary contractual obligation to provide information is only formed through an explicit agreement. The broker is not liable for the accuracy of the information provided under § 675 para. 2 BGB unless a specific advisory contract has been concluded.

3.3. Without an explicit agreement, the broker is not required to identify and/or offer the cheapest provider of the requested travel service. Any contractual obligations arising from “best price guarantees” provided by the broker remain unaffected.

3.4. Without explicit agreement, the broker does not guarantee the accuracy of information on prices, services, booking conditions, or other aspects of the travel service under § 276 para. 1 sentence 1 BGB, nor does the broker guarantee the availability of services to be arranged.

3.5. The broker will only forward special requests to the package tour operator. Unless explicitly agreed otherwise, the broker is not responsible for fulfilling such special requests. These requests are not a condition or contractual basis for the brokerage agreement or the booking declaration transmitted by the broker to the tour operator. The customer is advised that special requests typically only become part of the package tour operator’s contractual obligations if expressly confirmed by the operator.

4. Broker’s Obligations Regarding Entry Regulations and Visas

4.1. If the broker, whether for a fee or free of charge, handles registration in electronic systems required to obtain travel authorizations for entry or transit in certain countries, the following applies: Taking on this task does not establish any obligation, without explicit agreement, to provide further inquiries or information about entry or transit formalities, including visas. The customer is reminded that electronic travel authorizations do not replace final entry approval by the border authorities of the destination country.

4.2. The broker is not obligated to obtain visas or other documents necessary for travel unless explicitly agreed otherwise. If such a task is accepted, the broker may, without further agreement, claim reimbursement for expenses reasonably deemed necessary under the circumstances. The broker may also charge a fee for their services if this was agreed upon or if the nature of the task implies compensation was expected.

4.3. The broker is not liable for the issuance of visas or other documents, nor for their timely delivery. This does not apply if the circumstances leading to denial or delayed delivery were caused or contributed to by the broker’s negligence.

5. Position and Obligations of the Travel Broker Regarding the Brokerage of Air Transportation Services

5.1. In accordance with EU Regulation No. 2111/2005 on the establishment of a community list of air carriers, the broker is obligated to inform the passenger of the identity of the operating airline at the time of booking. If the operating airline is not yet determined at the time of booking, the broker will provide the customer with information from the contracted company about the airline likely to operate the flight. In the event of a change in the airline, the customer will be informed immediately. The community list of airlines banned from operating within the European Union can be accessed online at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de. Upon request, this list can also be provided to the customer at the broker’s premises.

5.2. For the contractual relationship between the customer and the airline, the following legal provisions apply, as far as they are relevant:

• The German Aviation Act (Luftverkehrsgesetz)
• The Warsaw and Montreal Conventions
• EU Regulation (EC) No. 261/2004 on air passenger rights
• EU Regulation (EC) No. 2111/2005 on the establishment of a community list of airlines banned from operating in the EU and passenger notification regarding the identity of the operating airline
• EU Regulation (EC) No. 1107/2006 on the rights of disabled air passengers and passengers with reduced mobility

Customers are strongly advised to familiarize themselves with their rights as air passengers. Information can be obtained from airport notices, operating airlines, or informational leaflets provided by the German Federal Aviation Authority at www.lba.de.

6. Documents for the Brokered Package Holiday

6.1. Both the customer and the travel broker are obligated to verify the accuracy and completeness of the contractual and other documents related to the package holiday issued by the brokered tour operator. This includes booking confirmations, flight tickets, hotel vouchers, visas, insurance policies, and other relevant documents related to the brokered package holiday, ensuring they match the booking and the brokerage agreement.

6.2. If documents for the brokered package holiday are not directly sent to the customer by the tour operator, they will be delivered by the travel broker via postal or electronic means, provided the customer is not entitled to receive a paper travel confirmation under Article 250 § 6 para. 1 sentence 2 EGBGB.

7. Customer’s Obligations to Cooperate with the Travel Broker

7.1. The customer must promptly inform the travel broker of any identifiable errors or deficiencies in the broker’s services upon discovering them. This includes, in particular, incorrect or incomplete personal customer data, other information, advice, and documents related to the brokered package holiday, as well as incomplete execution of brokerage services (e.g., missing bookings or reservations).

7.2. If the customer does not report issues under section 7.1, the following applies:
a) If the failure to report is not the customer’s fault, their claims remain unaffected.
b) The customer’s claims against the travel broker lapse insofar as the broker proves that proper notification would have prevented the damage or reduced the extent of the damage claimed by the customer. This applies particularly if the broker demonstrates that prompt notification would have allowed them to remedy the deficiency or mitigate damages, e.g., through rebooking, additional bookings, or cancellations with the tour operator.
c) The customer’s claims are not affected by a failure to notify under section 7.1 in cases of:

• Damage resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the travel broker, their legal representative, or agent.
• Claims for other damages resulting from an intentional or grossly negligent breach of duty by the travel broker, their legal representative, or agent.
• Breach of an essential obligation, the fulfilment of which is necessary for the proper execution of the brokerage agreement or whose violation jeopardizes the purpose of the agreement.

Liability for booking errors under § 651x BGB remains unaffected.

7.3. The customer is encouraged to inform the travel broker of any special needs or restrictions regarding the requested package holiday in their own interest.

8. Broker’s Obligations in Case of Customer Complaints Against Tour Operators

The customer may communicate complaints about deficiencies or other declarations regarding the provision of travel services by the tour operator to their travel broker, through whom the package holiday was booked.

The travel broker is not obligated to advise the customer on the type, scope, amount, requirements, or deadlines for claims or other legal regulations regarding any claims the customer may have against the brokered tour operator.

9. Important Notes on Insurance for Package Travel

9.1. The travel broker points out the possibility of taking out travel cancellation insurance at the time of booking to minimize financial risks in the event of cancellation by the customer.

9.2. The customer is further informed that travel cancellation insurance typically does not cover damages incurred from the premature termination of the package holiday after it has started, even if the termination is not the customer’s fault. A separate travel interruption insurance policy is usually required.

9.3. The travel broker also recommends ensuring sufficient international health insurance coverage when travelling abroad. It should be noted that medical treatments aboard cruise ships and in some countries, such as the United States, can be exceptionally expensive and may not be fully covered by statutory health insurance.

9.4. When brokering travel insurance, the customer is advised that the terms and conditions of the travel insurance policies may include specific contractual provisions and/or customer obligations, such as liability exclusions (e.g., for pre-existing conditions), the obligation to cancel immediately in the event of a claim under travel cancellation insurance, deadlines for reporting damages, and deductibles. The broker is not liable unless they provide incorrect information about the insurance terms, and the brokered travel insurer has a legitimate right to refuse coverage based on the agreed-upon insurance conditions.

10. Liability of the Travel Broker

10.1. The travel broker is not liable for deficiencies and damages the customer may experience in connection with the brokered travel service. This does not apply if an explicit agreement or assurance by the travel broker exists, particularly when it significantly deviates from the description provided by the package tour operator.

10.2. Any independent liability of the travel broker under § 651x BGB or for the culpable violation of brokerage duties remains unaffected by the above provisions.

11. Consumer Dispute Resolution

The travel broker notes, with reference to the Consumer Dispute Resolution Act, that they do not participate in voluntary consumer dispute resolution. If participation in consumer dispute resolution for the brokerage of package travel becomes mandatory after the publication of these terms and conditions, the broker will inform consumers appropriately.

For all contracts concerning package travel concluded electronically, the travel broker refers consumers to the European Online Dispute Resolution Platform at https://ec.europa.eu/consumers/odr.

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Contact Information for the Travel Broker:
Travel-Dealz
Owner: Johannes Kinast
Lahnstr. 24
53859 Niederkassel, Germany
Phone: +49 157 92389962
Email: support@travel-dealz.com