applying to intermediary services, sale and organization of tours, flights and other travel services.
1. Scope
These general conditions of the contract shall apply to all contracts concluded between the Travel Agency and the Customer as well as to statements made by the Customer, which have led to the conclusion of the contract. The conditions put forward by the Customer that are at variance with the General Terms and Conditions of our company’s operation, shall be deemed null and void.
2. Definitions
The term "travel services" shall designate flights, tours, trip tickets, hotel bookings, organized group and individual trips, car, yacht, airplane rent and any other services related to tourism. The term "tour operator" shall designate all trip, flight and other travel services providers such as airlines, tour operators and other partners providing travel services. The term "travel agency" shall designate the company indicated in Item 3, with which a travel service provision intermediary contract has been concluded or is to be concluded.
3. Contract Partner
By filling in and sending your request form you instruct the company known as
E.M.C. Logistics GmbH
Geschäftsführer: Michael Tiker
Tel.: +49 69 770 622 700
Fax: +49 69 770 622 760
Flinschstr. 2-4
D-60388 Frankfurt am Main
USt.-ID: 04523203042
Handelsregister-Nr.: HRB 54364
Amtsgericht Frankfurt am Mainto conclude a travel service provision intermediary contract.
4. Subject Matter of the Contract
4.1 The subject matter of the contract shall be intermediary services related to conclusion of a travel service contract between the Customer and the appropriate Tour Operator.
4.2 The Travel Agency shall not be known as a Tour Operator. In case of a booking a travel service provision contract is concluded directly between the Customer and the appropriate Tour Operator. Relevant General Terms and Conditions of the Tour Operator shall underlie this contract. Special provisions and restrictions can be applied to travel services on a case-by-case basis.
4.3 A travel service provision contract shall be enacted between the Customer and the relevant Tour Operator only. Complaints about service quality or failure to provide travel services shall be addressed to the Tour Operator directly.
5. Conclusion of the Contract
5.1 Sending a filled in request form by the Customer shall represent an offer to conclude an intermediary contract with the Travel Agency. The Travel Agency shall accept the given offer by confirmation of the booking of the appropriate service. Confirmation shall take place by telephone, by letter or email. The contract shall be deemed concluded upon the receipt of the booking confirmation by the Customer. The Travel Agency shall only confirm correct transfer of a booking request to the appropriate Provider. A booking confirmation does not automatically imply successful conclusion of a travel service contract about booked services, with the Tour Operator.
5.2 Withdrawal of the amount due from a Customer's credit card and/or from his/her personal account and/or receipt by the Customer of an invoice from the Travel Agency or the Tour Operator shall also constitute an agreement to conclude the contract. The confirmation of a request form receipt shall not automatically constitute the conclusion of a contract with the Customer.
5.3 The conclusion of a contract about booked travel services between the Customer and the Tour Operator shall be governed by General Terms and Conditions of the Tour Operator. In cases of booking a tour service package the contract shall only be deemed valid only after a written confirmation by the Tour Operator.
6. Offers in Languages Other than German
If the Customer books travel services, the description of which is given entirely or in part in English or Russian languages, or which refer to special provision written out in English or Russian languages, the Customer shall recognize English or Russian alongside with German as an equivalent language both for the intermediary contract, and for the contract concluded with the Tour Operator.
7. Travel Service Price and Payment
7.1 The indicated regular flight air fare shall generally be deemed valid for all flights subject to its being paid within 24-72 hours (depending on the airline). The contract concluded with an airline, shall be governed by the General Terms and Conditions of the given airline. If the Customer decides not to follow the given conditions and restrictions air fares can be calculated in accordance with official fare rates.
7.2 Payment for the booked and confirmed travel services shall be made in full before the starting date of the provision of the given services unless otherwise stated in the booking confirmation or in the invoice.
7.3 In the event of booking a tour service package payment shall only be made upon the issuance to the Customer of a travel service booking confirmation by the Tour Operator. Exact terms of payment for a booked travel service package will be received from the Tour Operator or learned from the General Terms and Conditions of Contract Conclusion of the Tour Operator respectively. Generally, payment can be made by debiting a personal account, by credit card or by bank transfer
7.4 The Travel Agency shall be authorized to accept on behalf of the Tour Operator payment for travel services made by the following methods: a Customer's credit card, debiting a personal account with the amount due or by invoice.
8. Commission
The commission for the conclusion of a travel service provision intermediary contract shall be included in the total cost of a travel service package and shall not be regarded as an extra charge.
9. Price Changes and Operational Changes
Possible changes of booked travel service prices and changes of the nature of the services themselves shall be governed by the General Terms and Conditions of the Tour Operator. In case of regular flight tickets, besides existing delivery rules and rate regulations of the airline in question that can be provided to the Customer for his/her information at the Travel Agency, internationally valid provisions stipulated by the Convention for the Unification of Certain Rules Relating to International Carriage by Air (the Warsaw Convention), shall apply.
10. Booking Confirmation and Travel Documents
10.1 It shall be the Customer’s responsibility to check immediately the correctness of the received booking confirmation, of the ticket and other travel documents to make sure that the travel services requested at the time of the booking correspond to the travel services listed in the booking. Should the Customer find any discrepancies or other errors he/she shall immediately inform the Tour Operator and the Travel Agency respectively.
10.2 Air tickets shall generally be sent to the Customer by post after payment. In specific cases tickets can be kept at the Travel Agency or delivered to the airport at an extra charge. The Customer can receive electronic tickets directly at the airport.
10.3 In cases of travel packages, travel documents shall either be sent by post, or the Customer can receive them directly at the airport. The Customer shall be notified about the reception of all necessary documents in advance.
10.4 Upon the transferal of the tickets and other travel documents for delivery by post or by an authorized shipping company, the Travel Agency shall disclaim liability for loss of the given documents.
10.5 In case of booking a hotel or renting a car, the Customer can only take advantage of the given services upon providing an appropriate booking confirmation to the hotel, car rent company, etc. No other documents shall be sent to the Customer.
11. Cancellation/ Withdrawal or Change
11.1 In the event of total withdrawal from the travel services provided under the intermediary contract, withdrawal conditions stipulated by the Tour Operator shall apply. Duties payable in case of withdrawal from services shall also be set by the hereabove conditions. In the event of a regular flight cancellation by the Customer the Travel Agency can demand a reimbursement of expenses to the amount of EUR, 25 per ticket plus any other airline charges. To avoid financial losses, taking out a travel service cancellation insurance policy is recommended.
11.2 A money refund in the event of a regular flight cancellation by the Customer shall only be given after the original tickets have been presented to the Travel Agency and the refund due has been received from the Tour Operator. Refund payout period in the event of a regular flight cancellation by the Customer can constitute 1-2 months and in individual cases – 4 months.
11.3 A change of a travel service shall only be possible subject to the cancellation of this service and booking a new travel service unless otherwise agreed by the Customer and the Tour Operator. In the event of a date change of a regular flight the Travel Agency can demand a re-booking charge to the amount of EUR, 25 per ticket plus other airline charges.
12. Conditions of Entry and Other Information
12.1 The instructions of the Travel Agency about conditions of entry/exit and passport and visa requirements shall be issued on the assumption that the Customer is a citizen of the Federal Republic of Germany. These instructions shall not be deemed valid if the Customer has indicated being a citizen of another country, or if this fact is obvious for the Travel Agency.
12.2 It shall be the Customer’s responsibility to provide the required documents in due time, to ensure compliance with the respective police regulations, customs and currency regulations and to comply with medical prescriptions, before leaving for the destination country and, if appropriate, for transit through a third country.
13. Liability
The Travel Agency and the Tour Operator shall be liable for the losses incurred by the Customer deliberately or through gross negligence and resulting from violations of the contract obligations in force that caused health damage, bodily harm or life damage, and shall be subject to service quality liability stipulated by the law.
14. Reimbursement Ban
The Customer shall have no right to reimbursement if his/her claims have no legal force and are contested by the Travel Agency.
15. Data ProtectionThe Travel Agency shall require the requisite personal data of the Customer and, should the need be, of other travellers. This data is required in order to implement the travel service provision intermediary contract and is used exclusively for this purpose. This data is passed on to the appropriate Tour Operator only.
16. Final Provisions
16.1 This contract shall operate solely and exclusively in accordance with the legislation of Federal Republic of Germany.
16.2 If the Customer is a commercial agent or a juridical person the only court to settle contentious issues shall be the court indicated in Item 3.
