General Terms and Conditions Damare Travel GmbH (hereinafter referred to as Travel Agency)
The following terms and conditions apply to the mediation of travel services by Damare Travel GmbH.
The following terms and conditions become part of the intermediary contract / business supply contract concluded between the travel agency and the customer within the meaning of §§ 675, 631 ff., 651 v ff. BGB and supplement the statutory provisions in this respect.
1. Completion of travel agency
1.1 Contract offer by the customer
By issuing a booking order, the customer submits a binding offer to the travel agency to conclude a brokerage or business provision contract. This order can be carried out in many ways:
- in a personal conversation
- in writing or orally
- By phone
- by electronic means (e-mail, online booking)
1.2 Role of the travel agency as an intermediary
The travel agency acts exclusively as an intermediary and acts in the name, on behalf of and on behalf of the respective service providers. These include in particular tour operators, transport companies, accommodation establishments, car rental companies, shipping companies, event organizers, insurance companies and airlines.
The responsibility for the proper execution of the booked travel and transport services lies with the respective service providers. The actual service contract is concluded directly between the customer and the corresponding tour operator or other service provider.
2. Travel booking and customer obligations
2.1 Agency service of the travel agency
Within the framework of careful advice and subject to availability, the travel agency will take all necessary steps to successfully mediate the contracts requested by the client. This includes travel, transportation and accommodation services as well as travel insurance with the respective contractual partners.
2.2 Legal information obligations
Before submitting the declaration of contract, the travel agency informs the customer in accordance with the requirements of Art. 250 §§ 1-3 and Art. 251 EGBGB.
This information is provided in a clear and understandable form and in a highlighted manner
on a durable data carrier
2.3 Liability of the booking
By commissioning a registration or booking, the customer enters into a binding obligation.
2.4 Scope of information and limitations of liability
The travel agency provides comprehensive information on the type and scope of the services provided on the basis of the information provided by tour operators and service providers. The travel agency is liable for the completeness and correctness of this information exclusively within the framework of the duty of care of an ordinary merchant.
2.5 Transfer of contract documents
The travel agency immediately forwards all documents and information provided by the respective contractual partner to the customer.
2.6 Information obligations in the case of air transport
Identity of the air carrier: According to EU Regulation No. 2111/2005, the travel agency, as the seller of airline tickets, informs the customer at the time of booking of the identity of the operating airline for all air transport services provided for in the framework of the trip.
Provisional airline details: If the operating airline is not yet determined at the time of booking, the service provider shall name the expected operating airline(s). The definitive information will be provided immediately after it becomes known.
Changes and code sharing: In the event of subsequent changes to the operating airline, the customer will be informed as soon as possible. Within the framework of code-sharing agreements, the booked airline may have the carriage carried out in whole or in part by partner companies. This does not constitute a change in performance and will be communicated to the customer immediately after becoming aware of it.
Safety information: The list of air carriers with an operating ban in the EU (Community list) published by the EU Commission in accordance with Regulation 2111/2005 is available at:
https://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm
This list can also be viewed directly at the travel agency on request.
3. Entry requirements and travel insurance
3.1 Information obligation about entry formalities
The travel agency informs in accordance with Art. 250 § 3 No. 6 RGBGB via:
- General passport and visa requirements of the country of destination
- approximate processing times for obtaining a visa
- Health police formalities and regulations
3.2 Duty of the customer to cooperate
For proper advice, the customer is obliged to provide the travel agency and the tour operator with complete information about:
- the nationality of all travel participants
- special circumstances such as dual citizenship or statelessness
- other special features relevant to entry
3.3 Personal responsibility for travel documents
The procurement and validity of passport, visa and health documents is the sole responsibility of the customer. The customer himself is liable for disadvantages arising from failed regulations, provided that the travel agency has fulfilled his obligations to provide information and the customer has fulfilled his obligations to cooperate.
3.4 Customs regulations
The customer is responsible for compliance with the customs regulations of both the country of travel and the home country and informs himself independently about the applicable regulations.
3.5 Recommended insurance cover
The travel agency strongly recommends the conclusion of the following insurances:
- Travel cancellation insurance
- Luggage insurance
- Trip cancellation insurance
- Travel accident insurance
- Travel health insurance
3.6 Visa procurement and travel authorizations
Without express agreement, the customer is solely responsible for the procurement of visas and other travel authorizations (e.g. ESTA for USA travel). If the customer instructs the travel agency to obtain a visa, he is not liable for delayed processing or rejection by the competent authorities, unless the travel agency has culpably violated its own obligations.
4. Applicable terms and conditions of carriage
Relevant terms and conditions
For the execution and billing of the services arranged by the travel agency, the terms and conditions of the respective contractual partners apply exclusively:
- General Terms and Conditions of Tour Operators
- Conditions of carriage of the transport companies
- Contract conditions of other service providers
Special regulations in the field of transport
For air and rail travel, the following are also used:
- Officially approved conditions of carriage and fares
- Provisions based on international conventions
- Regulations issued by the competent traffic authorities
These specific regulations take precedence and supplement the general terms and conditions of the carriers.
5. Travel documents
Obligation of the customer to check
All contract and travel documents – whether handed over directly by the service provider or via the travel agency – must be carefully checked by the customer. This applies in particular to:
- Booking confirmations
- Flight tickets and tickets
- Hotel vouchers
- Visas and travel authorizations
- Insurance certificates
- Other travel documents
Scope of control
The review includes:
- Accuracy of all information
- Completeness of documents
- Compliance with the booking made
- Conformity with the granted mediation order
Immediate obligation to complain
In the event of recognizable errors, deviations, missing documents or other inconsistencies, the customer is obliged to report them immediately to:
- the intermediary travel agency and
- the respective tour operator or service provider
A timely notification enables timely correction and ensures the smooth execution of the trip.
6. Warranty and claim handling
6.1 Claim
All claims are to be asserted by the customer directly to the respective contractual partners:
- Travel contractual warranty claims with the tour operator
- Claims for compensation from contracts of carriage with the transport company
- Insurance benefits with the respective insurer
6.2 No legal advice from the travel agency
The travel agency is not authorized to provide legal advice to the customer regarding:
- Type, scope and amount of possible claims
- Requirements and deadlines
- other legal provisions vis-à-vis tour operators, service providers or insurers
6.3 Forwarding of notices of defects
According to § 651v No. 4 BGB, the travel agency shall immediately forward all declarations of the customer on the travel service received by it to the tour operator. This includes in particular notices of defects and other complaints.
6.4 Recommendation for documentation
To preserve evidence, the travel agency recommends that all declarations be transmitted on a durable data carrier (e-mail, written form).
6.5 Exception for own event
The above provisions of sections 6.1 to 6.3 do not apply to travel contract warranty claims if the travel agency itself acts as a tour operator.
7. Data privacy
Data processing for contract performance
The personal data provided by the customer will be processed by the travel agency:
- electronically recorded and stored
- processed confidentially
- transmitted to tour operators, service providers and insurers
This data processing takes place exclusively to the extent that it is necessary for the proper execution of the contract.
Compliance with data protection standards
The travel agency undertakes to strictly observe all applicable data protection regulations. This obligation extends equally to all third parties and processors working for the travel agency.
The protection of your personal data is our highest priority.
8. Choice of law and place of jurisdiction and final provisions
8.1 Applicable law
The entire legal and contractual relationship between the travel agency and the customer is exclusively governed by the law of the Federal Republic of Germany.
8.2 Complaints of the customer
For claims by the customer against the travel agency, Hamburg is agreed as the exclusive place of jurisdiction.
8.3 Complaints of the travel agency
In the case of lawsuits by the travel agency against the customer, his residence is decisive in principle. By way of derogation, Hamburg is agreed as the place of jurisdiction for lawsuits against:
- Merchants and legal entities under public or private law
- Persons domiciled or habitually resident abroad
- Persons whose domicile or habitual residence is unknown at the time of filing the action
8.4 Priority of mandatory provisions
The above jurisdiction agreements shall not apply if and insofar as:
- international agreements contractually non-negotable provisions in favor of the customer
- mandatory regulations of the EU Member State to which the customer belongs applicable to the travel contract are more favorable to the present regulations or the corresponding German regulations
9. Consumer dispute resolution
With regard to the Consumer Dispute Resolution Act, the travel agent points out that he does not participate in a voluntary consumer dispute resolution. If a consumer dispute resolution becomes mandatory in the future, the travel agent will inform the customer of this in an appropriate form.
10. General provisions
Should individual provisions of the mediation contract or these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The validity of the entire mediation contract and these conditions continues.
Damare Travel GmbH
- Am Sandtorkai 77
- Hamburg
- GERMANY
- Phone: +49 40 60 7746 300
- Info@AntarcticaCruiseInfo.com