The General terms and conditions of TBOOKER

The following General terms and conditions (GTC) regulate the contractual relationship between you as the booking party and TBOOKER as the agent and the service providers (operators). TBOOKER expressly points out to all booking parties, participants and travellers, that travel contracts are not concluded with TBOOKER but with the respective service provider mentioned, taking into account the General terms and conditions (GTC) of the respective service provider. Ask our service centre for details and the full terms and conditions. An agency order is concluded with TBOOKER. As a result, the following terms and conditions apply exclusively to our agency operations and do not impact the terms and conditions of the operators or airlines that provide the travel services. TBOOKER is under no obligation to check the information made available by the service providers and does not accept any liability by booking parties/participants/travellers for the correctness of the data made available by its potential contractual partners, insofar as TBOOKER does not transmit these data in a grossly negligent or incorrect manner or despite serious concerns regarding their correctness. Only the following terms and conditions apply to the agency agreement. The validity of the booking party's/participant's/traveller's terms and conditions are expressly excluded, insofar as they do not correspond with the following terms and conditions.

Website

The website operator of TBOOKER is Travel Viva AG, Luitpoldstraße 9, 63739 Aschaffenburg, Germany, represented by the Management Board Oliver Trompke (Chairperson), Martin Hauschild, the Chairperson of the Supervisory Board Lothar Lucks, entered into the Aschaffenburg Commercial Register as HRB 9514. The agreement with the booking party/participant/traveller is subject to German jurisdiction.

Processing

Your booking order is implemented and processed by FlightOne GmbH, represented by its Managing Director Ilona Paschke, Zossener Str. 55, 10961 Berlin, Germany, entered into the Commercial Register of Charlottenburg Local Court as HRB 76819 and AERTICKET AG, represented by its Management Board Rainer Klee (Chairperson), Roland Kreling-Brehmenburg, Uwe Zobel, the acting Chairperson of the Supervisory Board Gerd Maßheimer, Zossener Str. 55, 10961 Berlin, Germany, entered into the Commercial Register of Berlin Charlottenburg Local Court as HRB 82693, on behalf of TBOOKER.

Subject-matter of the contract

A binding booking order is placed as soon as the booking party clicks the "Send booking" button in the mask. This is the legally binding placement of an order with TBOOKER, for carriage or another tourism-related service to be provided by a specific service provider. The provision of the booked service itself does not form part of our obligations as travel agent. The booking party is bound to this booking order for a period of 72 hours. TBOOKER will either accept the booking order within this period or contact the booking party. A binding confirmation in the form of an invoice from TBOOKER is, on principle, considered acceptance of the booking order. If payment is made by credit card, the charging of the credit card account of the booking party/participant/traveller, even with e.g. a deposit, is considered acceptance of the booking order. Procurement is considered to have been effected as soon as the travel documents have been sent to the customer. It is your obligation to immediately check the booking confirmation/invoice/travel documents received for correctness and to promptly advise TBOOKER of any errors or deviations, if applicable. Please note that we will not save the text of the contract. Together with our booking confirmation, which we will send by e-mail, you will be provided with an overview of the travel service you selected and its cost.

Liability of TBOOKER as agent

The scope of contractual services is comprised in the service specifications of the tour operator or other provider and in the information in the travel confirmation referring to these. TBOOKER is under no obligation to check the information of the tour operator or other provider and is not liable against a participant/traveller for the correctness or completeness of the information provided by their potential contractual partners. TBOOKER points out that the automatic confirmation of a booking, based on an accidental wrong input of data or on a software error, entitled TBOOKER to contest the contract that may have been concluded.

Service fee

TBOOKER charges a service fee for the procurement of the tour. This fee will not be refunded if the tour is cancelled, unless the cancellation is due to a fault by TBOOKER and/or its agents. The client is at liberty to prove that no or fewer costs were incurred.

Change and cancellation of booking

Changing a booked and confirmed tour is only possible by cancelling the booked tour and concurrently booking another tour, unless the service provider has special provisions for this. Any costs arising from a change of booking or partial tour fee payable, are based on the conditions of the respective service provider. The possibility to cancel a booking is based exclusively on the contracts of travel/carriage or general terms and conditions of the respective service provider and cannot be influenced by TBOOKER. Depending on the ticket tariff, time of cancellation and service provider it may happen that the respective service provider or airline will not effect a refund. Details and the complete conditions can be obtained from our service centre. A partial refund in respect of unused legs is generally excluded according to the terms and conditions of the airlines. TBOOKER will provide the booking party with information to the best of its knowledge, however, it will not accept liability for the correctness or completeness of information provided by the airlines. The date and time decisive for cancellation is the date and time the cancellation is received by TBOOKER during usual business hours. We recommend providing the cancellation in writing, in order to avoid disagreement. The cancellation can be sent by e-mail to service@tbooker.de or by mail to TBOOKER, Zossener Str. 55, 10961 Berlin - please provide the booking number. Unless electronic airline tickets were established, it is imperative that the original airline tickets are sent to TBOOKER for the payment of a possible refund/partial refund. If the change of booking or cancellation is not due to TBOOKER's fault, TBOOKER will charge a service fee for the processing of changes of bookings or cancellations. A fee of EUR30.00 will be charged for a change of booking and a fee of EUR50.00 per airline ticket for a cancellation. The client is at liberty to prove that no or fewer costs were incurred. If it can be proven that the cancellation is due to the poor performance of TBOOKER, TBOOKER will not charge a fee. TBOOKER recommends booking parties to conclude travel cancellation expenses insurance. Insofar as nothing to the contrary is stated in the individual itineraries or booking confirmations, the following conditions shall apply:

Scheduled flights and flight offers

The conditions of the respective airline apply. We would like to point out that a change of booking or cancellation may, in many cases, incur costs or may not be possible.

Hotel

The conditions of the respective provider apply - these are displayed in the booking process.

Rental car

Special conditions apply to the booking of rental cars. Please read the General terms and conditions of the respective car rental company.

Special flights and charter flights

The General terms and conditions of the respective service provider/airline apply. All special and charter flights must be confirmed by the client 48 hours prior to the return flight by contacting the respective airline or operator. If the client does not confirm the flight, the client's claim for carriage expires. The conditions of carriage of the airline are binding.

Payment

Flights and/or other tourism services must be paid immediately and in full on acceptance of your booking order by credit card/direct debit or if you chose to pay by bank transfer, immediately on receipt of the invoice or preliminary confirmation to the account provided. TBOOKER reserves the right to cancel any flights or tourism services that are not paid in due time and to charge any associated expenses to the client. Only those methods of payment listed on the website will be accepted. TBOOKER is under no obligation to issue tickets, confirmations, vouchers or other travel documents before receipt of the full payment. The booking party/participant/traveller, however, remains obliged to pay the agreed amounts for the travel services booked. The price for low-cost flight bookings will be debited by the respective airline shortly after receipt of the booking; airline-direct.de will debit the respective ticket fee shortly after the booking. airline-direct.de does not have a minimum/maximum limit with regard to credit card payments.

Travel documentation

Insofar as no e-ticket (electronic, paperless ticket) is requested, or the issue of an e-ticket is not possible, the travel documentation will be posted to the client. If the client selects payment by invoice, the travel documents will be sent to the client after receipt of payment. In the event of short-term bookings, the travel documents will be deposited at the airport or sent by courier service. Any costs pertaining to such courier service or deposit shall be borne by the client. Such costs will not be reimbursed on cancellation of the tour, unless the cancellation is due to a fault of TBOOKER and/or its agents. Lost tickets will be replaced in accordance with the current guidelines of the airline. The issue of replacement tickets will incur the fees current at the relevant point in time. The client is at liberty to prove that no or fewer costs were incurred.

Services and changes of services

The scope of contractual services is described in the service specifications contained in the offer or the information contained in the travel confirmation. The service providers expressly reserve the right to effect any necessary changes of airline, airplane, the change of non-stop flights to flights with stops or transfer flights.

Changes of flight schedule

Information on changes of flight schedule and/or cancellations of flights is provided exclusively via the e-mail address provided in the booking process, unless something to the contrary is expressly agreed. We would like to point out that all flights - both originating and return flights - must be confirmed 48 hours prior to departure. If such confirmation is not effected and if the omitted confirmation is a causative factor when damage occurs, TBOOKER will accept no liability for such damage.

Insurance

The prices do not include travel cancellation expenses insurance. We recommend that you conclude travel insurance and are happy to be of assistance.

Visa, passport, customs etc.

On principle, each participant/traveller is responsible for the fact that all conditions for travel and legal provisions, in particular national and international entry and exit provisions, health provisions, as well as passport and visa provisions are observed. The same applies to the procurement of the necessary travel documents. In the context of the legal duty of information, we are happy to respond to any questions you might have in this respect, however, we provide no guarantee that the information is correct. We expressly point out that the provisions can be changed by the authorities at any time. Participants are therefore advised to obtain information directly from the relevant authorities and offices. Any information on passport, visa, foreign exchange or health provisions applicable in the country of your destination, which is contained on this website (homepage/category customer service), is provided under the assumption that you are a German citizen. If this is not the case, please contact the relevant embassy or consulate.

Limitation of liability

The contractual relationship concluded with TBOOKER does not cover the provision of services to be supplied by the respective service provider. Solely the respective operator or service provider is liable for these. TBOOKER therefore accepts no liability for the services to be supplied by the respective service providers. TBOOKER can, however, be held liable by the participant with regard to the proper procurement in the context of the due diligence of an ordinary businessperson. With regard to the information on the individual tours, we rely on the information provided by the relevant operators. TBOOKER is unable to verify the correctness of all the information provided. Thus, TBOOKER cannot provide any guarantee or assurance that the information made available is correct, complete or up-to-date. The same applies to all other information contained on this website that was made available by third parties. TBOOKER attempts - within reasonable scope - to ensure that the information and other data available on this website, are up-to-date, complete and correct at the time of publication, in particular with regard to prices, limitations and dates. If, however, due to technical error, a booking containing incorrect data (prices, dates, flight class, etc) becomes effective, TBOOKER herewith expressly reserves the right to contest such an agency agreement in the context of the relevant legal regulations. Also, TBOOKER neither accepts liability in respect of the availability of the tour on the booking date nor for the provision of the tour booked. TBOOKER's liability is exclusively restricted to intent or gross negligence, unless material contractual obligations are violated. In the event of slight negligence, TBOOKER's liability is restricted to typical and foreseeable damage; it is also restricted to the maximum amount for the booked service from which the claim results. All claims for damages become time-barred within 12 months of their accrual. This does not apply to claims from tortuous acts. The above limitations of liability do not apply to claims from the Product Liability Act and other warranty liability. The same applies to deaths caused by TBOOKER or any physical injury or damage to health for which TBOOKER is responsible. Insofar as the liability of TBOOKER is excluded, this exclusion of liability shall also apply to the employees, legal representatives or agents of TBOOKER.

Force majeure

Force majeure, which impedes the fulfilment of TBOOKER's obligations, either in full or in part, releases TBOOKER from fulfilment of the obligations until the force majeure event no longer applies.

Abusive use

Each booking party bears the risk in respect of the unauthorised use of its password. TBOOKER can only advise booking parties to keep the password and user name secret under all circumstances.

Data protection

The booking order is processed taking into consideration the relevant data protection provisions. TBOOKER undertakes to only use the data collected, processed and saved during registration and utilisation of TBOOKER's services by the respective participant, for the processing of contracts concluded with the cooperation of TBOOKER and not to make the data available to any external third parties, insofar as there is no legal or official requirement to do so, e.g. to control abuse, in particular credit card abuse. The participant data collected during the registration process will be forwarded to the respective service providers and third parties insofar as this is necessary to process any agreements concluded. Your personal data, e.g. dates of birth and names of co-travellers may be requested as required, if they are necessary for booking purposes. This additional data are not saved after completion of the tour.

Links to other websites

This website contains hyperlinks to websites of external providers. TBOOKER does not have any influence on their design and contents and therefore does not accept any guarantee regarding the correctness, topicality, completeness and quality of the information provided there. TBOOKER explicitly disassociates itself from all contents of these external websites. Please address all concerns you may have in connection with one of these websites directly to the operator of the respective website.

Amendments to the general terms and conditions

TBOOKER reserves the right to amend or revise the General terms and conditions pertaining to the use of this website at any time with future effect - this does not entail any obligation to inform users of such amendments or revisions. The website shall always contain the current version of the General terms and conditions - from the date these take effect.

Miscellaneous

If one of the above provisions proves ineffective or unenforceable, this shall not affect the effectiveness of the remaining provisions. TBOOKER herewith expressly points out that the procurement of travel services in accordance with section 312 b subsection 3 no. 6 of the BGB (German Civil Code) is not subject to the provisions of the Distance Selling Act. This applies, in particular, also to the sale of airline tickets, which means that clients cannot assert a right of withdrawal and return against TBOOKER. German law shall apply exclusively with regard to any disputes from or in connection with this agreement. The party logging in/traveller can, insofar as it is a general merchant, only sue TBOOKER at the head office of TBOOKER, in Aschaffenburg.

Head office of TBOOKER

Travel Viva AG
Luitpoldstraße 9
63739 Aschaffenburg

Current as of May 5th, 2010