AGBs

General Terms and Conditions of Hotelo Reisen und Service GmbH Valid for all bookings until June 30, 2018

In order to ensure the smooth processing and organisation of your trip, you must accept our general terms and conditions. The travel and payment conditions regulate the legal relation between you and Hotelo Reisen und Service GmbH, referred to below as Hotelo. They supplement and complete the statutory provisions of §§ 651a – m BGB (German Civil Code) and the information requirements for tour organizers according to §§ 4 – 11 BGB-InfoV (regulation on information and reporting obligations under civil law).

1. - Conclusion of the travel contract/obligations of the customer

1.1. The following applies to all booking methods:

a) This offer is based on the tour description and the tour organizer's supplementary information for the respective trip, as far as these are available to the customer at the time of booking.

b) The customer is responsible for all contractual obligations of fellow travelers for whom he makes the booking, as well as for his own, insofar as he has accepted this obligation by express and separate declaration.

c) If the content of our acceptance differs from the content of your booking, this represents a new offer from us, the terms of which we are bound to for a period of ten days. The contract is concluded on the basis of this new offer if the customer explicitly informs the tour organizer of his acceptance of the offer by explicit declaration (by e-mail, fax or letter) or payment within the commitment period.

1.2. For bookings which take place verbally, by telephone, in writing, by email or fax, the following applies:

a) With booking (travel registration) the customer offers the tour organizer the conclusion of the binding travel contract.

b) The contract is concluded with the receipt of the booking confirmation (acceptance) by the travel organizer. It does not require any specific form. On or immediately after the conclusion of the contract, the tour organizer will send the customer a confirmation of the tour in writing or in text form. This also includes email.

1.3. For bookings in electronic business transactions (e.g. internet) the following applies to the contract:

a) The online booking process is explained to the customer on the relevant website.

b) The customer has the according possibility to correct inputs, to delete or reset the entire online booking form, the use thereof will be explained.

c) The available contract languages for carrying out the online booking are stated.

d) As far as the contract text is saved by the tour organizer, the customer will be informed regarding this and about the possibility for later retrieval of the contract text.

e) By pressing the "pay now" button, customer is offering the travel organizer the conclusion of the binding contract.

f) The customer will be immediately informed of receipt of the booking (travel registration) by electronic means (acknowledgment of receipt).

g) The transmission of the booking (travel registration) by pressing the "pay now" button does not establish that the customer is entitled to the conclusion of a travel contract (travel registration) according to the booking data. The contract is concluded with the receipt of the booking confirmation that the customer receives from the tour organizer, which requires no specific form and can be made by telephone, e-mail, fax or in writing.

h) If the booking confirmation is made immediately after pressing the "pay now" button by the direct presentation of the booking confirmation on the screen, then the travel contract is effective upon access and display of this booking confirmation without the need for an intermediate notification of the receipt of this booking. In this case the customer is offered the option of saving and printing the booking confirmation. The obligations under the travel contract are not dependent on whether the customer actually makes use of the saving or printing options.

2. - Payment

2.1 The travel price can be paid by bank transfer, Sofortüberweisung.de and/or credit card.

2.2 Invoice/travel confirmation will always be sent by e-mail. If no e-mail address is available, the documents will be sent by fax or mail.

2.3 Payments for travel services are made directly to Hotelo, even if the booking was made through a travel agency. All payments are to be made only with the bank account number stated on the invoice/travel confirmation.

2.4. For payments by bank transfer / Sofortüberweisung.de or credit card, a down payment of 35% of the travel price which must be at least 50 EUR per traveler, is due immediately upon receiving the invoice / travel confirmation. The deposit will be added to the travel price. The remaining payment, minus payments made, has to be made at least 28 days before departure. After payment of the total travel price, we will send you the travel documents at least one week before departure. (see 2.2) For bookings made 28 days before departure, the total amount is due immediately.

2.5 In case of late payment or payment does not consist entirely or specifically the final payment, Hotelo reserves the right to exercise its right of retention following a reminder with a deadline or to withdraw from the contract in case of a non-negligible payment of the travel service and to demand compensation in accordance with section 6.2.

2.6 For bookings within 28 days before departure, the bill can only by paid by bank transfer, Sofortüberweisung.de and / or by credit card.

2.7 For bookings within 3 days before departure, the invoice can only be paid by Sofortüberweisung.de or credit card.

2.8 As of the first reminder we charge a fee of 10 EUR for each further reminder.

3. - Services

3.1 Hotelo's service obligation results exclusively from the content of the booking confirmation associated with the travel advertisement valid for the time of the journey, subject to all the information and explanations contained in the invitation to tender. If special requests are made by the customer when booking, these are not binding for Hotelo, whereby Hotelo will attempt to comply with these requests.

3.2 Substantial changes or supplementary agreements to the travel content acc. Clause 3.1 requires an explicit agreement with Hotelo. They should be made in writing for evidentiary reasons.

3.3 All prices quoted in the travel contract are in Euro and are per person.

4. - Travel documents

4.1 Travel documents will be sent by e-mail after the final payment or payment of the total price, at the latest 7 days before departure. Electronic flight tickets (e-ticket) will not be issued as paper tickets. For e-tickets, the flight booking code (filekey) is sent by e-mail upon delivery of the travel documents. The travelers will receive their boarding passes by presenting their passport / ID card and their flight booking code (Filekey) directly at the airport at the check-in desk of the respective airline. Corresponding information will be sent with the travel documents by e-mail. If no e-mail address is available, the documents will be sent by fax or mail. Paper tickets are always sent by mail.

4.2 For short-term bookings (within 7 days prior to departure), the travel documents will be sent by e-mail upon receipt of the total price. For e-tickets, the flight booking code (filekey) is sent by e-mail upon delivery of the travel documents. The travelers will receive their boarding passes by presenting their passport / ID card and their flight booking code (Filekey) directly at the airport at the check-in desk of the respective airline. Corresponding information will be sent with the travel documents by e-mail. If no e-mail address is available, the documents will be sent by fax or mail.

5. - Service and price changes

5.1 Changes to essential travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and were not brought about by Hotelo in good faith, are only permitted if the changes are not significant and do not affect the overall layout of the trip.

5.2 Any warranty claims remain unaffected if the altered services are deficient.

5.3 Hotelo is obligated to inform the customer about significant changes in service immediately after becoming aware of the reasons for the change..

5.4 In the event of a significant change in a substantial travel service, the customer is entitled to withdraw from the travel contract free of charge or to require participation in an at least equivalent trip, if Hotelo is able to offer travel at no extra cost to the customer. The customer has to exercise these rights with Hotelos without undue delay after being informed by the tour operator regarding to changes of the travel service or the cancellation of the trip.

5.5 A price adjustment due to the change of transport costs (eg. fuel costs), charges (eg. airport taxes, security fees, government taxes) or exchange rates is possible in favor of both parties to the extent of their impact on the travel price according to the following regulations. In the case of changes relating to the seat, the price adjustment shall be made in the amount of the seat, and otherwise the amount of the charge per passenger. A price increase as of the 20th. However, the day before the agreed date of travel is excluded. Requirement for a price adjustment is also that between the conclusion of the contract and the agreed time of departure is a period of more than four months. For price changes of more than 5%, the customer can withdraw. The resignation is to be reported immediately to Hotelo or the booking travel agency. In your own interest and to avoid misunderstandings, we urge you to declare your withdrawal in writing (e-mail, mail or fax).

5.6 Hotelo informs the contracting party immediately when they become aware of relevant changes of service; the same applies mutually for the notification of price changes.

5.7 Instead of resigning or in the unlikely event of cancellation of a trip by Hotelo, the other party may participate in an at least equivalent other trip in accordance with the provisions of § 651a para. 5 P. 3 und 4 BGB claim.

6. - Traveler cancellation, rebooking, substitute persons

6.1 The traveler may withdraw from the trip at any time prior to departure. Decisive is the access of the declaration of resignation to the usual business hours at Hotelo. Resignation should be declared in writing to avoid misunderstandings. Please send an e-mail to: service@myhotelo.com. If the traveler does not make use of individual travel services as a result of premature return travel or other compelling reasons, Hotelo will attempt to reimburse the saved expenses for the service providers. This obligation does not apply if the services are completely insignificant or if reimbursement conflicts with statutory or regulatory provisions.

6.2 The following cancellation conditions apply:

In each case of the cancellation, the amount of the compensation according to the travel price is determined by deduction of the usual expenses as well as of what Hotelo can acquire by other use of the travel expenses. In general, the cancellation fees we have to claim are:

Until the 30. day before departure: 30%

From the 29. day until the 15. day before departure: 65%

From the 14. day until the 7. day before departure: 75%

From the 6. day until the 3. day before departure: 85%

From the 2. day before departure and no show: 90%

You are at liberty to provide proof that no or significantly lower costs have been incurred in connection with the resignation or non-commencement of the journey than those of Hotelo in the individual case pursuant to P. 1 (deduction of the usual expenses, crediting of what is otherwise acquired) calculated costs. Hotelo recommends buying a travel cancellation insurance or an insurance package.

Hotelo supports the customer's request expressed after booking, for example, change of travel date, destination, place of departure, accommodation, type of meal or transport (rebooking). If possible, changes to the daily travel price can be made up to 3 days before departure. There are rebooking fees of 30 EUR per person. Please send an e-mail to service@myhotelo.com. If, as a result of the rebooking, the processing measures of other service providers (eg airlines) are necessary (different service providers are combined and active in the package travel package), additional processing costs may arise, which will be communicated in concrete cases or in their estimated amount by Hotelo in individual cases before the rebooking is carried out. This concerns, for example, the additional costs of airlines regarding the basic transfer fee and, in addition, the fee from the difference to the daily updated flight price. The contractual partner reserves the right to prove that a service cost of 30 EUR per person or in the amount notified otherwise was not incurred or to a significantly lesser extent. From the 30th. The day before the departure time, rebooking is only possible after withdrawal and new booking under consideration of section 6.2.

6.4 Until departure, the traveler may demand that instead a third party enter into the rights and obligations arising from the travel contract (contract transfer). Hotelo may object to the entrance of the third party, if this does not meet the special travel requirements or its participation contrary to legal regulations or official orders. Upon contract transfer, the third party and the original contracting party are jointly and severally liable for the travel price and the additional costs arising from the entry of third parties. Incidentally, clause 6.3 sentences 2 to 4 apply accordinglyd.

6.5 If the first or last name given at the time of booking does not correspond to the official name, the regulations also apply accordingly to clause 6.3 sentences 2 to 4.

6.2 The following cancellation conditions apply:

In each case of the cancellation, the amount of the compensation according to the travel price is determined by deduction of the usual expenses as well as of what Hotelo can acquire by other use of the travel expenses. In general, the cancellation fees we have to claim are:

Until the 30. day before departure: 30%

From the 29. day until the 15. day before departure: 65%

From the 14. day until the 7. day before departure: 75%

From the 6. day until the 3. day before departure: 85%

From the 2. day before departure and no show: 90%

You are at liberty to provide proof that no or significantly lower costs have been incurred in connection with the resignation or non-commencement of the journey than those of Hotelo in the individual case pursuant to P. 1 (deduction of the usual expenses, crediting of what is otherwise acquired) calculated costs. Hotelo recommends buying a travel cancellation insurance or an insurance package.

Hotelo supports the customer's request expressed after booking, for example, change of travel date, destination, place of departure, accommodation, type of meal or transport (rebooking). If possible, changes to the daily travel price can be made up to 3 days before departure. There are rebooking fees of 30 EUR per person. Please send an e-mail to service@myhotelo.com. If, as a result of the rebooking, the processing measures of other service providers (eg airlines) are necessary (different service providers are combined and active in the package travel package), additional processing costs may arise, which will be communicated in concrete cases or in their estimated amount by Hotelo in individual cases before the rebooking is carried out. This concerns, for example, the additional costs of airlines regarding the basic transfer fee and, in addition, the fee from the difference to the daily updated flight price. The contractual partner reserves the right to prove that a service cost of 30 EUR per person or in the amount notified otherwise was not incurred or to a significantly lesser extent. From the 30th. The day before the departure time, rebooking is only possible after withdrawal and new booking under consideration of section 6.2.

6.4 Until departure, the traveler may demand that instead a third party enter into the rights and obligations arising from the travel contract (contract transfer). Hotelo may object to the entrance of the third party, if this does not meet the special travel requirements or its participation contrary to legal regulations or official orders. Upon contract transfer, the third party and the original contracting party are jointly and severally liable for the travel price and the additional costs arising from the entry of third parties. Incidentally, clause 6.3 sentences 2 to 4 apply accordinglyd.

6.5 If the first or last name given at the time of booking does not correspond to the official name, the regulations also apply accordingly to clause 6.3 sentences 2 to 4.

7. - Termination for behavioral reasons

The tour operator may terminate the travel contract without notice if the traveler persistently disturbs regardless of a warning from the tour operator or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If the tour organizer makes this termination, he retains the right to the tour price. He must, however, give credit for the value of saved expenditures and other financial benefits he obtains from a different use of unused services, including any amounts refunded by service providers.

8. - Notice of termination in case of force majeure

The termination of the travel contract is based on the statutory provision in the civil code which reads as follows: "§ 651j:

(1)If the trip is considerably more difficult, endangered or impaired as a result of force majeure upon conclusion of the contract, the contract can be terminated by both parties under this provision.

(2)If the contract is terminated in accordance with paragraph 1, the provisions of § 651 e para. 3 sentences 1 and 2, para. 4 sentence 1 BGB apply. The additional costs for the return must be paid in equal amount by the parties. In addition, the extra costs will be charged to the traveler.

9. - Limitation of liability

9.1 The contractual liability of Hotelo for damage that does not result from injury to life, body or health is limited to three times the travel price

a) as long as the damage to the traveler was caused neither intentionally nor through gross negligence or

b) as far as Hotelo is responsible for the damage caused to the traveler solely because of fault of a service provider. Any further claims under the montreal convention or the aviation act remain unaffected by the restriction.

9.2 Hotelo is not liable for disruptions of performance, personal injury and property damage in connection with services that are merely provided as external services (eg excursions, sporting events, theater visits, exhibitions, transport services to and from the advertised starting and finishing location), if these services are provided in the travel advertisement and the booking confirmation are expressly marked as outsourced services, stating the mediated contractual partner, that they are clearly not part of the travel services of Hotelo.

Hotelo is liable

a)for services which include the carriage of the passenger from the advertised place of departure of the journey to the advertised destination, interim transport during the journey and accommodation during the journey;

b) if and to the extent that damage to the tour operator's information, information or organizational duties has caused the damage suffered by the traveler.

10. - Warranty

10.1. Remedy: If the trip is not provided in accordance with the contract, the traveler can demand remedy. Hotelo can also take remedial action in a way that will provide an equivalent replacement service. Hotelo can however refuse the remedy if it requires a disproportionate effort.

10.2 Reduction of the travel price: For the duration of a non-contractual provision of the travel, the traveler can demand a corresponding reduction of the travel price (reduction). The travel price shall be reduced in the proportion in which, at the time of the sale, the value of the trip in a state free of defects would have amounted to the actual value. The reduction does not occur, as far as the traveler culpably fails to notify the defect on site.

10.3 Notification to the travel agent is not sufficient to assert any entitlement to travel price reductions. Each traveler is obliged to declare his / her own claims, unless due to the identity of the traveler Hotelo must assume a family trip.

10.4 The assignment of travel price reduction claims and claims for damages to fellow travelers, to the booker as a representative of the traveling companions or to third parties are excluded.

10.5 Compensation: The traveler may demand compensation for non-performance, without prejudice to the right to the price reduction or the termination, unless the lack of travel is due to a circumstance that Hotelo is not responsible for.

11. - Obligation to cooperate

11.1 The traveler is obliged to cooperate in the event of disruptions of performance within the framework of the statutory provisions, to avoid or minimize any damage, to immediately report his complaint to the local tour guide and to demand remedial action. He/she is authorized to take remedial action, if possible.

11.2 If Hotelo does not use its own tour guide and is not owed under the contractual agreements, then the traveler is obliged to initially notify the service provider (hotel, airline, etc.) of any immediately occurring travel defaults. As far as a remedy does not take place after that, the traveler is obliged to inform about the travel defects immediately to the place of business of Hotelo.

11.3 The traveler's claims shall not be canceled unless the traveler fails to meet his obligations without assuming his own fault and immediately rectifies the request for remedy to Hotelo.

12. - Exclusion of claims and limitations

12.1 Claims under §§ 651c to f BGB shall be asserted by the customer / traveler within one month of the contractually stipulated time at the end of the trip..

12.2 The period begins on the day following the date of the contractual end of the trip. If the last day of the period falls on a Sunday, a bank holiday or a Saturday at the place of performance, then this shall be postponed to the next business day.

12.3 The assertion may take place with respect to the tour operator at the address given below / above.

12.4 After expiry of the period, the customer / traveler can only assert claims if he has been prevented from observing the deadline without fault.

12.5 The period from 11.1 also applies to the registration of baggage damage or delayed delivery of baggage in connection with flights in accordance with clause 10.3, if warranty rights from §§ 651c para. 3, 651 d, 651 e para. 3 and 4 BGB applies when a claim for damages due to damage to baggage within 7 days, a claim for damages for delayed luggage within 21 days after delivery. A message from the passenger to the responsible office at the airport is indispensable by the traveler at arrival.

13. - Limitations

13.1 Claims of the customer / traveler under §§ 651c to f BGB from injury to life, limb or health based on an intentional or negligent breach of duty by the tour operator or a legal representative or vicarious agent of the tour operator become time-barred after two years. This also applies to claims for the compensation of other damages that are based on an intentional or grossly negligent breach of duty by the tour operator or a legal representative or vicarious agent of the tour operator.

13.2 All other claims according to §§ 651c to f BGB expire in one year.

13.3 The statute of limitations according clause 13.1 and 13.2 begins on the day following the date of the contractual end of travel. If the last day of the period falls on a Sunday, a bank holiday or a Saturday at the place of performance, then this shall be postponed to the next business day.

13.4 f negotiations are pending between the customer / traveler and the tour operator over the claim or the circumstances giving rise to the claim, the limitation period is suspended until the customer / traveler or the tour operator refuses to continue the negotiations. The limitation period shall expire no earlier than 3 months after the suspension ends.

14. - Jurisdiction

German law shall apply.

15. - Passport and health regulations

15.1 Hotelo indicates the entry requirements at the time of the travel offer in the travel advertisement. It is assumed that the traveler is a citizen of the Federal Republic of Germany. However, this does not absolve the traveler from inquiring about current entry requirements on time before departure. Foreign travelers must inquire at their local embassy or consular post in their home country. Hotelo is not liable in this case for information from third parties, such as travel agents.

15.2 Hotelo is not liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if the traveler has instructed Hotelo with the procurement, unless Hotelo is responsible for the delay.

15.3 The traveler is responsible for ensuring that he meets all the conditions legally that are necessary for the trip. Hotelo therefore recommends that they obtain information about passport, visa and safety requirements, as well as to clarify health issues at an early stage. Hints can be found under www.auswaertigesamt.de. Questions of necessary prophylaxis are also answered by a doctor, a tropical institute or the health authority.

16. - Data protection and general terms

16.1 The text of the contract (service description) will be saved. This and the terms and conditions valid at the time of your booking are not directly accessible to you, however, are always provided by Hotelo on request.

16.2 The traveler may, at any time in writing in accordance with the applicable law, inquire whether and what personal information about him/her is stored at Hotelo. The request should be addressed to the data protection officer named in the list of procedures.

16.3 Personal data provided to Hotelo to process the travel contract are protected against improper use according to the Federal Data Protection Act (BDGS).

16.4 The data transmitted by the traveler shall be protected by Hotelo's means of appropriate technical and organizational to protect it against accidental or intentional manipulation, loss, destruction or access by unauthorized persons. Hotelo's security measures are continually monitored and improved in line with technological development and organizational capabilities.

16.5 The legislature has issued a variety of storage obligations and deadlines. After expiration of these deadlines, the corresponding data will be routinely deleted if they are no longer required to fulfill the contract. Data that are not affected by this will be deleted if the aforementioned purposes are omitted.

16.6 Use of this website is subject to the privacy policy. If this is not the case, Hotelo asks you to stop using this site. Hotelo reserves the right to change, amend or remove parts of the privacy policy at any time.

17. - Ineffectiveness of individual provisions

The ineffectiveness of individual provisions of the travel contract does not result in the invalidity of the entire travel contract or the other conditions mentioned here.

18. - Final provisions

Carriage of animals: The transport of pets is only possible after confirmation of the respective service providers. The travel times stated in the brochure or other media need not coincide with any seasons in the destinations or hotels.

19. - Information requirements concerning the identity of the operating air carrier

The EU Regulation informing passengers of the identity of the operating air carrier requires Hotelo to inform the customer of the identity of the operating airline of all air transport services to be provided during the booked journey at the time of booking. If at the time of booking, the operating airline is not yet determined, Hotelo is obliged to name the airline or airlines that are likely to make the flight. Once Hotelo knows which airline will perform the flight, they must inform the customer. If the airline named to the customer as the operating airline changes, Hotelo must inform the customer about the change. He must, immediately, take all appropriate steps to ensure that the customer is informed as soon as possible about the change.

The "black list" is available on the following website: http://ec.europa.eu/transport/modes/air/safetv/air-ban/index_de.htm

The European Commission provides https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=DE a platform for online dispute resolution. Hotelo is currently not participating in this voluntary procedure. The European online dispute resolution platform can therefore not be used by Hotelo customers.

Consumer dispute resolution for customers from Germany:

General Consumer Arbitration Center of the Center for Arbitration,

Straßburgerstr. 8, D-77694 Kehl, Tel. 07851/795 79 40, www.verbraucher-schlichter.de

For customers from Austria:

Tourismus-Service beim Bundesministerium für Wissenschaft, Forschung und Wirtschaft, Stubenring 1, A – 1010 Wien, Tel. 01/ 71100-805597, www.bmwfw.gv.at/tourismusservice. Email: tourism@bmwfw.gv.at

Hotelo is currently not participating in dispute resolution procedures of consumer arbitration boards.

Zürich, den 22.02.2018

Hotelo Reisen und Service GmbH

Feldeggstrasse 4, b.2.1

CH - 8008 Zürich

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