General terms and conditions for agency services on tamitamtravel.com
1. Introductory provisions
www.tamitamtravel.com is a service of turcon travel services GmbH, Brückenstrasse 45, 69120 Heidelberg, Germany (subsequently the „agent“) for the placement of travel services from various suppliers (such as tour operators, airlines, travel insurers, hotels).
These general terms and conditions (T&C) are valid for the placement of packaged tours, singular transportation, accommodation or other services (e.g. flight only bookings, hotel only bookings, rental car only bookings) and travel insurance services via the tamitamtravel.com website (subsequently the „website“).
Please carefully read these general terms & conditions they contain important information about the relationship between agent and client.
Pre-formulated conditions of the contractual counterparty deferring from these T&C won’t become part of the contract even if known by the agent, except the agent explicitly acknowledges their validity in writing.
Present T&C have been translated from their original German version. In case of dispute, the original, German T&C are relevant. Original contract language is German.
2. Contractual object
2.1. The client can evaluate on the website the availability of travel, flight, accommodation and other services (as rental cars, insurance e.g.) from various service
providers according to the information and criteria entered by himself. If desired, the client can furthermore close contracts with the respective service providers. In addition, the website presents
general travel information and references.
2.2 In case of a booking on the website, the contractual relationship is an agency agreement defining the mediation of singular travel, transportation, accommodation and/or additional services connected to those. The agent thereby does not offer the services in its own name but rather in the name and for the account of the respective supplier. The responsibility for correct fulfillment of mediated services (flight, travel, additional service e.g.) lies exclusively with the respective supplier.
Please note that there is no legal claim to accept a specific agency order by the agent and that the agent therefore does not have any influence on the respective supplier accepting the client’s contractual offer.
2.3 Present T&C are valid independently from the terms and conditions of rendering the service in the contractual relationship between client and supplier
(subsequently the „supplier T&C“). The agent does not have any influence on supplier T&C; those are separately agreed between client and the respective supplier.
2.4 Even if the agent receives the order from the client to book multiple services with multiple suppliers this will not constitute a tour contract according to the regulations oft he BGB (§§ 651a ff. BGB). The summarised presentation of multiple counterparties on one single invoice of the agent is done for reasons of transparency and conservation of resources.
2.5 The client plans his trip on his own responsibility; the individual coordination of the services in relation to each other is done by the client. The client is explicitly made aware that he could face disadvantages from organising and splitting the individual services between multiple suppliers himself compared to booking a classical packaged tour with a tour operator. Only when booking a packaged tour with a tour operator the client will receive an insolvency insurance certificate and therefore insurance against insolvency of a supplier. Should an individual service be deficient only the value of that service will be the basis for a price reduction. Buying additional travel insurance can mitigate such risks. Tamitamtravel.com‘s service team will be happy to support you in this matter.
3. Closing of contract, documentation, contract text record
3.1 The advertisement content shown on the website does not constitute a binding offer for the closing of a contract with the agent or any of its suppliers but rather
invites the client to make a binding offer to enter into a contract.
3.2 By entering his personal information and sending the online booking form (confirmation form) to the agent, the client makes a binding offer to enter into a contract with the respective supplier and at the same time orders the agent to procure the selected service/s. Please note that the necessary fields in the confirmation form (especially personal information, contact information, payment information) must be carefully filled in and checked before sending in the booking. Mistakes in the data can lead to difficulties in contract processing that might compromise service provision and might cause additional cost.
3.3 Sending in the booking confirmation results in the closing of a contract regarding the respective service/s. This is also true if the client accepts a new offer sent to him by the agent or the respective supplier whithin a reasonable time (3 days from receiving the offer if not otherwise stated in the offer). The submission of an invoice by the agent or the respective supplier is equivalent to a booking confirmation.
3.4 The client shall check the information contained in the booking confirmation and notivy turcon via phone or email:
+49 (0) 6221 588 0140 or email@example.com
Please note that E-mail communication is partly automated. Please make sure that in the course of booking you correctly enter your E-mail address, that the reception of E-mails is technically assured and not impeded by SPAM filters. If you don not receive a confirmation within one hour after sending in the electronic booking on our website, please check the junk mail or spam folder of your E-mail account and if necessary contact tamitamtravel.com customer service.
3.4 The text of the contract and the booking data are stored by the agent for a limited amount of time to be able to process the contract but cannot be accessed
directly on the website by the client. In the course of contract processing the agent will forward the contractual data to the suppliers selected by the client. It is recommended that the client
himself store the confirmation and contract text.
3.5 The client shall check the travel itinarary sent to him regularly for any changes as well as check the E-mail account given to the agent in the course of booking regularly for incoming travel documents, information or other messages in context with the booking.
There is no right for cancellation of the agency contract by the client – conditional to differing contractual agreements. For conveyed services in the area of transportation (e.g. flight, railway, bus etc.) and accommodation (e.g. hotel, B&B etc.) there is a legal exclusion of cancellation rights according to §§ 312 Abs. 2 Nr. 5; 312g Abs. 2 Satz 1 Nr. 9 BGB.
4. Payment terms, service charges
4.1 Except indicated otherwise in the course of the booking process on the website, the full price for a booking is due at the time of closing of the agency
4.2 If the agent charges a service charge for its services, the client will be made aware of this separately and explicitly on the website. Payment of the service charge is not refundable if an agency service has been performed, except a necessary cancellation or rebooking is due to a fault of the agent and/or one of its subcontractors.
4.3 Payment methods accepted are indicated on the website.
4.4 Depending on the chosen service debiting is done by the respective supplier or a service provider charged with debiting by the supplier.
5. Client’s due diligence obligations
5.1 Client has to check confirmations, messages, travel documents, travel itinarary and other documents sent to him in context with the booked service/s for any
mistakes or omissions. If client notices deviations, mistakes or the absence of documents expected he must notify the agent (contact data in art. 3.2.).
5.2 Client must immediately notify agent of any deficiencies in the agency service. As far as reasonable, the agent has the opportunity to remedy these deficiencies.
Please note that the agent is neither authorized nor obliged to receive deficiency notifications if they relate to conveyed services of suppliers. Those deficiency notifications must be handed in directly to the respective supplier.
5.3 The client is explicitly made aware that the general terms and conditions of the suppliers can contain additional obligations for the client which the client in his own interest should take note of and take into account. In this context especially the information on airline tickets is pointed out, e.g. regarding check-in times and, especially with special and charter flights, the obligation to reconfirm outbound, inbound and connecting flights with the airline within the indicated period. Non-compliance with these obligations may lead to the client losing his entitlement to be transported without any claim to a (part) refund of the travel price. In case of loss or damage of checked luggage the client has to report immediately to the airline according to national and international regulations. Failure to report accordingly may result in the loss of claims of the client.
6. Re-booking, cancellation
The possibility to re-book or cancel services that have already been bindingly booked as well as eventual costs resulting from these actions can be learned from the contracts and terms and conditions of the respective suppliers. The agent has no influence on conditions of the suppliers.
7.1 The agent is responsible for arrangement, booking process, debt collection and transmission of travel documents – as far as taken over by the agent – are done with
the due care and diligence of a prudent businessman. For reasons of lacking influence on suppliers, the agent is not liable for successful mediation or faultless delivery of arranged services.
7.2 The advertisement offers shown on the website have restricted availability. The agent is not liable for availability of a service at the time of booking.
7.3 The agent cannot guarantee the correctness, completeness and reliability of third party content. The pictures, maps and position data shown on the website serve for orientation about the local position of an advertised offer. Relevant for the contractual content however is the information contained in the booking form and/or the corresponding booking- and/or travel confirmation.
7.4 The exclusions mentioned in Art. 7.2 and 7.3 are irrelevant if the agent knew about the faulty or incorrect information or if those would have had to be known applying due and customary care.
7.5 The agent is liable for compensation for damages and for wasted efforts to the client for intent and gross negligence according to legal regulations.
7.6 In all other cases the agent is only liable for intentional violation of contractual obligations whose fulfillment would be key to an orderly fulfillment of the contract and whose observance the client can regularly expect. Liability is limited to compensation for foreseeable and typical damage. In all other cases liability is excluded.
7.7 Liability for death, bodily harm or health and according to product liability law as well as any other guarantee liability prescribed by law remain unaffected by previously mentioned limitations of liability.
8. Travel protection
The agent explicitly makes the client aware of the possibility to buy cancellation insurance as well as repatriation cost insurance for the case of accident or illness. The tamitamtravel.com service team will be happy to help you select the right product for your needs.
9. Information regarding passport, visa and health regulations
9.1 Information of the agent regarding formalities to be adhered and fulfilled for the implementation of conveyed services, especially passport, visa and health
regulations, refer to the status at time of booking. It is hereby inferred that the client and his co-travelers are German citizens and that there are no peculiarities such as double citizenship or
9.2 The client himself is – subject to differing arrangements – responsible for the adherence to all regulations relevant for the trip to take place, expecially the presence of valid identification documents, the adherence to customs and currency regulations, the presence of valid vaccination certificates for emigration and re-immigrations and the adherence to all respective timelines (e.g. the time necessary to be issued a visa). The client is asked to in good time make himself aware of formalities, health regulations, vaccination possibilities and other health provision measures and if necessary consult a doctor.
9.3 Citizens of countries other than the Federal Republic of Germany are recommended to get information regarding formalities at their relevant consulate.
9.4 Clients are asked to carefully read the information regarding the necessary formalities and check back for any queries as well as observe information on changes in formalities at a later time.
10. Statute of limitation
10.1 Claims of the client against the agent resulting from the agency contract lapse – in contrast to § 195 BGB - within a year except for damages in the areas
of death, bodily harm or health or damages resulting from gross neglect of the agent or intent or gross neglect by a legal representative or subcontractor of the agent.
10.2 The statute of limitation starts at the end of the year the claim occurred and the client became aware of the circumstances substantiating the claim and the identity of the debtor or would have become aware without grossly neglecting his duties.
11. Data processing
Information regarding the survey, storage and processing of personal client data can be found in our data privacy statement accessible on the website under the „privacy“ button.
12. Final provisions
12.1 Contracts between agent and client are governed by the law of the Federal Republic of Germany applicable for business between residents. UN sales law is
12.2 Place of fulfillment is the registered office of the agent in Heidelberg, Germany. In case that the contractual parties are registered traders according to german law or in case the client does not have a place of general jurisdiction in Germany or in case the defendant in case of legal action moves its place of residence from scope of application of this law or his place of residence is not known, place of jurisdiction shall be Berlin, Germany.
13.3 Should one or several provisions in this agreement wholly or partly become invalid, the validity of the remaining provisions shall not hereby be affected. Legal regulations will step in for the invalid provisions.