General terms and conditions for the organisation of your business trips
DERPART Reisevertrieb GmbH acts as an agent for flights, hotels and other travel services. The travel services arranged are neither part of a package holiday nor part of associated travel services. The provisions of Sections 651a et seq. of the German Civil Code (BGB) do not apply to any travel services arranged, organised and/or provided on the basis of this contract.
1. conclusion of contract, legal regulations
1.1 The contract for the procurement of travel services is concluded between the customer and the agent upon acceptance of the customer's order by the agent. Order and acceptance do not require any particular form.
1.2 If the order is placed electronically (e-mail, Internet, fax, messenger services), the Agent shall confirm receipt of the order electronically without delay. This confirmation of receipt does not constitute confirmation of acceptance of the brokerage order.
1.3 The reciprocal rights and obligations of the Customer and the Agent shall arise from the contractual agreements made in the individual case, these Terms and Conditions and the statutory provisions, in particular Sections 675, 631 et seq. BGB on the provision of services for consideration.
1.4 The rights and obligations of the customer vis-à-vis the contractual partner of the procured service shall be governed exclusively by the agreements made with the latter, in particular - insofar as effectively agreed - the latter's travel or business terms and conditions. In the absence of any special agreement or reference, the conditions of carriage and fare regulations issued by the competent transport authority on a statutory basis or on the basis of international agreements shall apply to transport services.
2. general contractual obligations of the agent, information, advice2.1 The customer shall receive the best possible advice on the basis of these agency terms and conditions. Upon request, the agent will then make the booking enquiry with the service provider. After confirmation by the service provider, the obligation to perform includes handing over the documents relating to the travel service(s) arranged. This does not apply if it has been agreed that the service provider will send the documents directly to the customer.
2.2 When providing advice and information, the agent is liable within the framework of the law and the contractual agreements for the correct selection of the source of information and the correct forwarding to the customer. An information contract with a primary contractual obligation to provide information shall only come into existence if a corresponding express agreement has been made. The agent is not liable for the accuracy of the information provided in accordance with Section 675 (2) BGB unless a special information contract has been concluded.
2.3 Unless expressly agreed, the Agent is not obliged to determine and/or offer the most favourable provider of the requested travel service. Contractual obligations of the agent within the framework of "best price guarantees" given by him remain unaffected by this.
2.4 Unless expressly agreed, the Agent does not assume any guarantee within the meaning of Section 276 (1) sentence 1 BGB with regard to information on prices, services, booking conditions and other circumstances of the travel service and no procurement guarantee within the meaning of this provision with regard to information on the availability of the services to be arranged by the Agent.
2.5 The agent shall only accept special requests for forwarding to the service provider to be arranged. Unless expressly agreed otherwise, the agent is not responsible for the fulfilment of such special requests. These are also not a condition or contractual basis for the agency order or for the customer's booking declaration to be forwarded by the agent to the service provider. The customer is advised that special requests generally only become part of the contractual obligations of the service provider upon express confirmation by the service provider.
3. obligations of the agent regarding entry requirements and visas
3.1 The customer is generally responsible for applying for, checking the correctness of and carrying the identity cards, passports, visas, import documents and other necessary travel documents required by him and his fellow travellers for the performance/provision of the booked tourism service.
3.2 The Agent shall only inform the Customer about entry and visa regulations if a corresponding order has been expressly agreed. Otherwise, a corresponding duty of clarification or information only exists if special circumstances known to the agent or obvious circumstances make an explicit reference necessary and the corresponding information is not already contained in the offer documents available to the customer.
3.3 Corresponding information obligations of the agent are limited to the provision of information from current, industry-standard sources of information A special obligation of the agent to investigate does not exist without an express agreement to this effect. The agent can also fulfil his duty to provide information by referring the customer to the need to make his own specific enquiries with relevant information sources.
3.4 The above provisions shall apply accordingly with regard to information on customs regulations, health-related entry regulations, preventive health measures to be taken by the customer and his fellow travellers as well as import and export regulations.
3.5 If the Agent undertakes registration in electronic systems for the Customer, whether for a fee or free of charge, in order to obtain an entry permit as a prerequisite for entry or transit to certain countries, the following shall apply: The assumption of this activity shall not constitute any obligation on the part of the Agent to make further enquiries or provide information on entry or transit formalities or on transit stops during the trip, and in particular not to obtain visas, without express agreement. The customer is advised that the electronic entry permit does not replace the final entry authorisation by the border authorities of the respective country.
3.6 The Agent is not obliged to procure visas or other documents required for the realisation of the trip without a special, express agreement. In the event that such an order is accepted, the agent may, without express agreement, demand reimbursement of the expenses incurred by him, which he may consider necessary under the circumstances. The agent may himself demand remuneration for his work if this has been agreed or if the work was only owed against corresponding remuneration in the circumstances.
3.7 The Agent shall not be liable for the issue of visas and other documents or for their timely receipt. This does not apply if the circumstances relevant to the non-issue or delayed receipt were culpably caused or contributed to by the agent.
4. position and obligations of the agent in connection with the brokerage of air transport services
4.1 In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, the Agent is obliged to inform the Passenger of the identity of the operating air carrier at the time of booking. If the operating airline has not yet been determined at the time of booking, the agent shall provide the passenger with the information available from the airline that is likely to operate the flight. In the event of a change of airline, the customer shall be informed of the change without delay. The Community list of airlines subject to a flight ban in the European Union is available on the website http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de and can be handed over to the customer on request at the agent's business premises.
4.2 The contractual relationship between the customer and the airline is governed by the statutory provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions and directly by domestic statutory provisions, where applicable,
Customers are strongly advised to inform themselves about their rights as passengers, e.g. by consulting the notices at airports, the information provided by the operating air carrier or the information sheets of the Federal Aviation Office at www.lba.de to inform.
5. reimbursement of expenses, remuneration, collection, payments
5.1 The Agent is authorised to demand payments in accordance with the service and payment terms of the procured service providers, insofar as these have been effectively agreed between the service provider and the Customer and contain legally effective payment terms.
5.2 The Agent may assert claims for payment against the Customer, insofar as this corresponds to the agreements between the Agent and the Service Provider, as the latter's authorised collection agent, but also in its own right on the basis of the Customer's statutory obligation to make advance payments as the principal pursuant to Section 669 BGB.
5.3 The above provisions shall apply accordingly to cancellation costs (cancellation compensation) and other statutory or contractual claims of the procured service provider.
5.4 The customer may not counter the agent's own payment claims by way of retention or offsetting with the fact that the customer has claims against the brokered service provider, in particular due to defective fulfilment of the brokered contract. This does not apply if a culpable breach of contractual obligations on the part of the agent is the cause or contributory cause of such claims arising or if the agent is liable to the customer for the counterclaims asserted for other reasons.
5.5 Unless otherwise agreed in individual cases with the service provider or the agent, all payments are due immediately. The customer shall be in default with a claim for payment at the latest if he does not make payment within 30 days of the due date and receipt of an invoice or equivalent payment schedule; this shall only apply to a customer who is a consumer if these consequences have been specifically pointed out in the invoice or payment schedule. If the time of receipt of the invoice or payment schedule is uncertain, the customer who is not a consumer shall be in default no later than 30 days after the due date and receipt of the consideration.
6. remuneration claims of the intermediary
6.1 The following applies to the prices and service charges for the arrangement of air transport services by airlines in accordance with Clause 4 of these Agency Terms and Conditions:
1. the prices quoted and invoiced are airline prices that generally do not include any commission or other remuneration from the airline for the agent's services.
2. the agent's remuneration within the scope of this brokerage activity is generally realised through service fees to be paid by the customer.
3. the service fees for the agent's brokerage activities and for other activities in connection with a flight booking on the website are explicitly communicated to the customer during the booking process, i.e. before the booking is finalised, or are clearly shown and are included in the final price.
4. if no agreement has been reached on the amount of a corresponding service fee, the customer shall owe the agent remuneration in accordance with the statutory provisions, i.e. the customer shall be obliged to pay the usual remuneration.
6.2 The agent's entitlement to service fees - including for flight brokerage - remains unaffected by service disruptions or changes, in particular rebooking, change of name, withdrawal, cancellation, annulment or termination of the brokered contract by the service provider or the customer. This does not apply if the customer is entitled to a refund on the basis of a claim for damages by the customer due to deficiencies in the agent's advisory or agency services arising from contractual or statutory claims.
6.3 Unless otherwise agreed in writing in individual cases, invoices are due immediately. The customer shall be in default with a claim for payment at the latest if he does not pay within 30 days of the due date and receipt of an invoice or equivalent payment schedule; this shall only apply to a customer who is a consumer if these consequences have been specifically pointed out in the invoice or payment schedule. If the time of receipt of the invoice or payment schedule is uncertain, the customer who is not a consumer shall be in default no later than 30 days after the due date and receipt of the consideration.
7. Documents on the travel services arranged
7.1 Both the customer and the agent are obliged to check the contractual and other documents of the procured service provider regarding the travel services which were handed over to the customer by the agent, in particular booking confirmations, flight tickets, hotel vouchers, visas, insurance certificates and other documents regarding the procured travel services for correctness and completeness, in particular for conformity with the booking and the agency order.
7.2 Insofar as documents relating to the travel services arranged are not sent to the customer directly by the service provider arranged, they shall be handed over by the agent by delivery to the agent's business premises or, at the agent's discretion, by postal or electronic dispatch.
8. the customer's duty to co-operate with the intermediary
8.1 The customer must notify the agent of any recognisable errors or deficiencies in the agent's brokerage activities as soon as they are discovered. This includes, in particular, incorrect or incomplete details of personal customer data, other information, information and documents about the travel services brokered, as well as the incomplete execution of brokerage services (e.g. bookings or reservations not made).
8.2 If no notification is made by the customer in accordance with Clause 8.1, the following shall apply:
8.3 Any contractual and/or statutory obligation of the customer to notify the procured service provider of defects shall remain unaffected by Section 8.
8.4 In his own interest, the customer is requested to inform the agent of any special needs or restrictions with regard to the travel services requested.
9. obligations of the agent in the event of complaints by the customer against the procured service providers
9.1 Claims must be asserted against the procured service providers within certain deadlines, which may result from the law or contractual agreements. As a rule, these deadlines are not met by asserting claims against the agent. This also applies if the customer wishes to assert claims against both the agent and the service provider in respect of the same travel service.
9.2 In the event of complaints or other assertion of claims against the procured service providers, the agent's obligation is limited to providing the necessary information and documents known to him, in particular the names and addresses of the procured service providers.
9.3 If the agent - even without being obliged to do so - forwards the customer's letters of claim in compliance with the deadline, he shall only be liable for timely receipt by the recipient in the event of a failure to meet the deadline caused by him intentionally or through gross negligence.
9.4 With regard to any claims of the customer against the procured service providers, the agent is under no obligation to advise on the type, scope, amount, eligibility requirements and deadlines to be observed or other legal provisions.
10. important information on insurance for travel services
10.1 The Agent draws the Customer's attention to the possibility of taking out travel cancellation insurance at the time of booking in order to minimise the cost risk in the event of cancellation by the Customer.
10.2 Furthermore, the customer is advised that travel cancellation insurance does not usually cover any loss or damage that may arise if the customer cancels the use of travel services after their commencement, even if this is not the fault of the customer. As a rule, travel cancellation insurance must be taken out separately.
10.3 The agent also recommends ensuring that you have adequate health insurance cover when travelling abroad.
10.4 When arranging travel insurance, the customer is advised that the insurance conditions of the travel insurance brokered may contain special contractual conditions and/or obligations of the customer to cooperate, in particular exclusions of liability (e.g. in the case of pre-existing conditions), the obligation to cancel immediately in the case of travel cancellation insurance, deadlines for reporting claims and deductibles. The agent is not liable if he has not provided incorrect information regarding the insurance conditions and the travel insurer has a right to refuse to pay benefits to the customer on the basis of validly agreed insurance conditions.
11 Liability of the intermediary
11.1 Insofar as the Agent has not assumed a corresponding contractual obligation by express agreement with the Customer, it shall not be liable for the conclusion of contracts with the service providers to be brokered.
11.2 The Agent is not liable for defects and damages incurred by the Customer in connection with the travel service arranged. This does not apply in the case of an express agreement or assurance to this effect by the agent, in particular if this deviates significantly from the service description of the service provider.
11.3 Any liability of the Agent arising from the culpable breach of the Agent's obligations shall remain unaffected by the above provisions.
12. consumer dispute resolution
With regard to the Consumer Dispute Resolution Act, the Agent points out that the Agent does not participate in voluntary consumer dispute resolution. If a consumer dispute resolution becomes mandatory for the Agent after the printing of these Terms and Conditions for the procurement of travel services, the Agent shall inform the consumer of this in an appropriate form.
The agent refers to the European online dispute resolution platform for all contracts for package holidays concluded in electronic legal transactions http://ec.europa.eu/consumers/odr there.
Company name
DERPART Travel Sales GmbH
Emil-von-Behring-Str. 6
60439 Frankfurt
Managing director/owner: Thomas Osswald
Commercial Register: Local Court Frankfurt am Main HRB 19229
VAT ID No.: DE/1141/39734
Status: August 2024
