Mediation terms of atraveo GmbH | TUI GROUP
Status: 2 February 2015
1. Contractual basis
1.1 atraveo GmbH (hereinafter referred to as "atraveo") acts as a mediator of holiday homes, holiday apartments and similar accommodation (hereinafter referred to as "holiday accommodation") and other tourist services such as travel insurance and car hire (hereinafter referred to as "tourist services"). The holiday accommodation and tourist services are supplied by various providers, in particular tour operators, local agencies and private owners (hereinafter referred to as "providers").
1.2 atraveo operates an online booking engine for the above-mentioned purpose, which is used on its own websites, and in variations on the websites of its partner companies (collectively referred to as the "website"). The present mediation terms apply in both cases. The booking engine includes, among other things, a search function, a detailed presentation of the holiday accommodation with descriptive text, images, availability, prices and the possibility of commissioning a booking.
1.3 atraveo acts exclusively as a mediator of holiday accommodation and tourist services, and provides contracts in the name and on account of the providers. With the booking request, an agency agreement shall be concluded between the customer and atraveo, the object of which is the provision of holiday accommodation and/or tourist services.
1.4 The basis of a holiday accommodation booking is the detailed description of the property, based on information given by the respective provider. Selection criteria for the online search or in the short text merely serve as guidance.
1.5 The holiday accommodation and tourist services presented on the website do not constitute a binding contractual offer by atraveo and/or the respective provider. Rather they are an invitation to the customers to make an offer to conclude a contract with the provider of the holiday accommodation or tourist services (invitatio ad referendum). The customer makes his/her offer by completing the booking form and sending it to atraveo. This booking request must specify how many people (including all children) will be travelling with the customer and whether the customer will be bringing one or more pets along (details of the species and breed are required). Customers’ special requests (e.g. different arrival time, special equipment, ordering linen, final cleaning and the like) may be entered in the booking request, but require the explicit written confirmation from the provider or atraveo to come into effect. The customer is bound to the contractual offer for a period of seven days. During this period, atraveo (in the name of the provider) or the provider himself shall declare that either the offer has been accepted or the customer will be sent a new contractual offer, which he/she can accept within the period specified therein. A contract regarding the holiday accommodation and, as the case may be, the booked tourist services shall be formed upon conveying a booking confirmation or the customer’s acceptance of the new offer sent by atraveo or the provider. The contract shall also be established upon dispatch of an invoice by atraveo or the provider to the customer.
1.6 The respective provider’s own general terms and conditions can form the basis of the mediated contract for the holiday accommodation and/or tourist services. Payment conditions, provisions on due dates, liability, amendment of reservations, cancellation and other obligations and customer restrictions can be governed therein. atraveo shall submit the provider’s general terms and conditions to the customer in the booking request for inspection and acceptance.
2. Booking process
2.1.1 A deposit is usually requested by the respective provider upon conclusion of the contract, which will be deducted from the price of the holiday accommodation or tourist services. In general, the deposit is due immediately on booking, while the balance payment is usually due 42 days before the trip begins. For bookings of 49 days upwards, the entire rental amount is payable immediately before the trip begins. Details on the due dates and payment conditions can be found in the booking confirmation as well as in the terms and conditions of the respective provider of the holiday accommodation or the tourist services. The collection of payment shall be made by the provider, by atraveo or via a service contractor used to collect debts. If atraveo or a service contactor appointed by it invoices for the holiday accommodation or tourist services and collects payment, this shall be done in the name and on account of the respective provider. If the provider of the mediated service is a tour operator, the customer shall, upon payment, receive a risk coverage certificate or other appropriate evidence that the customer's money is being safeguarded.
2.1.2 Depending on the provider, the payment of the holiday accommodation and tourist services can be made by bank transfer, by SEPA direct debit from current (checking) accounts, by credit card, or, in exceptional cases, in cash on site,. Direct debits are always converted into SEPA direct debits by atraveo. In the case of German accounts, the customer shall be notified by atraveo at least three days before debiting, while for foreign accounts, this shall be at least six days in advance. For certain payment methods, e.g. credit card and bank transfer, atraveo or the provider may charge an additional fee. Possible bank charges for domestic or foreign bank transfer shall be borne by the customer. Information about the payment methods offered and the fees can be found in the details on the booking request and in the terms and conditions of the respective provider of the holiday accommodation or tourist services.
2.1.3 If the credit card deductions or direct debits are rejected or charged back by the executing bank or credit card company, atraveo and/or the providers shall be entitled to invoice the customer for the chargeback fees. The customer shall be notified of the respective fees.
2.1.4 If the customer fails to make payments despite them being due, atraveo reserves the right to charge a dunning cost of three euros for the second reminder.
2.2 Travel documents
After payment of the entire rental or travel price, the customer shall receive the travel documents from the provider or from atraveo by e-mail 14 days prior to the start of the trip.
2.3 Contractual amendments (change of booking, cancellation)
The conditions for contractual amendments arranged or desired by the customer (for example, change of booking, withdrawal) are governed by the provider’s general terms and conditions. If these costs arise through a contractual amendment and are the responsibility of the customer, atraveo shall be entitled to invoice the customer for these costs in the name of the provider and to collect or retain these amounts from the customer. In addition, atraveo levies a blanket booking amendment fee of 30 euros.
2.4 Disclosure of data to process the booked service
atraveo shall collect and use customer information in accordance with the data protection regulations. In order to process the booking, atraveo shall forward the personal data supplied by the customer to the respective provider.
2.5 Duties of the customer
2.5.1 The customer shall have a duty to check the booking confirmation and inform atraveo or the provider of the holiday accommodation/tourist services about any errors or discrepancies without delay and no later than the third day following receipt. Hidden errors or deviations shall be considered as accepted.
2.5.2 The customer must contact atraveo or the provider if he/she has not received the travel documents 14 days prior to the start of the trip, despite paying the rental or travel price in full. The customer has the duty to check the travel documents for completeness and accuracy, and inform atraveo or the provider without delay if there are any missing or incorrect documents.
2.5.3 Shortcomings in atraveo’s mediation service are to be reported to it immediately; the opportunity to remedy the situation shall be given to the extent that is reasonable. Should the customer be guilty of not reporting a shortcoming, all the customer’s claims arising from the agency agreement shall be cancelled, insofar as a reasonable remedy by atraveo for the customer would have been possible.
2.5.4 Any defects at the booked holiday accommodation or deficiencies in the tourist services that arise during the stay are to be reported without delay to the provider on site in order to give him/her the possibility of remedying the situation. After the trip, the customer can send the provider a further notice of defects in writing. The customer shall find the address and telephone number of the provider in the travel documents. Statutory deadlines are to be observed. However, if the customer has not already reported the defects during the stay, the provider shall not be obliged to consider the complaint. If the customer sends his/her complaint to atraveo, atraveo shall forward it to the respective provider.
2.5.5 Only fully legally competent persons shall be authorised to book holiday accommodation and tourist services with atraveo.
3. Travel insurance
atraveo shall indicate the possibility of taking out travel cancellation insurance as well as insurance to cover the treatment or repatriation costs in the case of an accident or illness abroad.
4. Advice on passport, visa, foreign currency and health regulations
4.1 Each customer/traveller shall be responsible for compliance with all applicable domestic and foreign entry and exit requirements, health regulations, passport and visa regulations and provisions for the introduction of pets themselves.
4.2 Travel and safety advice, entry requirements, health advice, visa requirements and the like are available for customers on the Foreign Office website. In addition, customers can obtain information from the embassies/consulates that are responsible for them.
5. Liability by atraveo
5.1 atraveo shall not be responsible for the success of the mediation and/or the defect-free/actual provision of the holiday accommodation service and/or the tourist services themselves, but only that the mediation shall be carried out with the diligence of a prudent businessman.
5.2 atraveo shall endeavour to ensure, within reason, that the information, software and other data which are available on the website, in particular in relation to prices, dates and restrictions, are accurate, up-to-date and complete at the time of publication. The individual details of the holiday accommodation and/or the tourist services are based on information from the providers. atraveo shall not assume liability for this.
5.3 All holiday accommodation and/or tourist services displayed on the website are of limited availability. atraveo shall not be liable for the availability of holiday accommodation nor of a tourist service at the time of booking.
5.4 atraveo shall assume no responsibility for the accuracy, completeness or reliability of third-party content, especially maps, automatic translation, customer reviews, editorial texts and images of locations and regions. Geological data displayed on the website, in particular map illustrations, merely serve as non-binding guidance for the approximate physical location of the offer. Only the local information made available to the customer in the description text of the online presentation and/or in the corresponding booking confirmation shall be applicable for the conclusion of the contract.
5.5 The exclusions set forth in points 5.2, 5.3 and 5.4 shall not apply if atraveo was aware of faulty and/or incorrect information or had to have been aware if applying customary care in accordance with standard commercial practice. In this respect, the liability of atraveo for having to have known of such circumstances shall, however, be limited to cases of intent or gross negligence.
5.6 Otherwise, atraveo shall only be liable for damages which are not physical in cases of intent or gross negligence, liable because of the assumption of guarantees, and liable for the breach of essential contractual duties (cardinal duties). In the case of a negligent breach of cardinal duties, the liability of atraveo is limited to damage that is foreseeable and typical for the contract and, in any case, to three times the value of the mediated holiday accommodation service or tourist service.
5.7 atraveo shall not be liable for any loss or destruction of the itinerary or travel documents, which it cannot substitute, in connection with the dispatch.
5.8 atraveo shall not be liable for the consequences of force majeure. These include directives from authorities, civil unrest, wartime events, terrorist attacks, floods, fire, storms, accidents, strikes and other industrial action, from which the services of atraveo or its agents are affected.
6. Final Provisions
6.1 atraveo reserves the right to modify these mediation terms at any time with effect for the future, without the existence of any duty to notify the customer. The latest version of the mediation terms shall be kept available on the website from the time that they come into force. The customer declares his/her acceptance of the changes through his/her continued use of the website following a change to the mediation terms.
6.2 These mediation terms contain all the agreements of the existing mediation contract between the customer and atraveo and supersede all previous agreements, regardless of whether they take place in writing, electronically or orally.
6.3 The contractual relationship between the customer and atraveo is subject to the laws of the Federal Republic of Germany, regardless of the nationality of the customer. The place of jurisdiction for registered traders, for people who do not have a general domestic place of jurisdiction as well as for people who have moved their domicile or usual place of residence abroad after conclusion of the contract, or whose domicile or habitual residence is not known at the time an action is filed, shall be Düsseldorf (Germany).
6.4 If any of the above provisions is or becomes invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be substituted by a provision which reflects the economic purpose of the provision that is to be replaced as closely as possible.
atraveo GmbH | TUI GROUP
Management Dirk Froelje · Heike Heimann
Court of Registry: Amtsgericht (district court) Düsseldorf
Company registration number: HRB 44653
Company registration number: HRB 44653
Tax identification number: DE224944808