General Terms and Conditions for Flight Brokerages

If you book a flight with us, this service is generally arranged by us on behalf of and for the account of the respective airline. A flight is therefore explicitly not part of a package tour. For this reason, separate terms and conditions apply to flight bookings, which we make available to you here.

1. conclusion of contract, legal regulations

1.1 The contract for the brokerage of a flight service is concluded between the customer and the agent upon acceptance of the customer's brokerage order by the agent. Order and acceptance do not require any particular form. If the order is placed electronically (e-mail, Internet, fax, messenger services), the agent shall confirm receipt of the order electronically at short notice. This confirmation of receipt does not constitute confirmation of acceptance of the brokerage order.
1.2 The mutual rights and obligations of the Customer and the Agent shall arise, insofar as this does not conflict with mandatory statutory provisions, from the contractual agreements made in the individual case, these Terms and Conditions and the statutory provisions, in particular §§ 651a ff BGB in conjunction with. Art. 250 et seq. EGBGB and §§ 675, 631 et seq. BGB on the provision of services against payment.
1.3 The rights and obligations of the customer vis-à-vis the contractual partner of the brokered 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 transportation services.

2. general contractual obligations of the intermediary, information, instructions

2.1 The customer will receive the best possible advice on the basis of these agency terms and conditions. Upon request, the agent will then make the booking request with the selected airline. After confirmation by the airline, the obligation to perform includes handing over the documents relating to the arranged flight service(s). 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 Without an express agreement, the agent is not obliged to determine and/or offer the most favorable provider of the requested flight service. As a rule, this is not even possible, as flight prices in particular develop very dynamically and can change at any time up to the final booking. The agent will offer you one or more suitable flight connections from a renowned airline for your desired itinerary, taking into account a generally good price/performance ratio in economy class. If necessary, the agent will justify his selection and, if requested, state the advantages and disadvantages. At the customer's request, higher cabin classes (Premium Economy, Business Class) can also be selected.
2.4 With regard to information on prices, services, booking conditions and other circumstances of the travel service, the Agent does not assume any guarantee within the meaning of Section 276 (1) sentence 1 BGB and with regard to information on the availability of the services to be arranged by the Agent no procurement guarantee within the meaning of this provision.
2.5 The fare and transportation conditions of the selected airline apply exclusively. These will be made available to the customer on request before booking.
2.6 The Agent shall only accept special requests (e.g. special catering requests) for forwarding to the airline. Unless expressly agreed otherwise, the agent is not responsible for the fulfillment 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 transmitted by the agent to the service provider. The customer is advised that, as a rule, special requests only become part of the contractual obligations of the airline upon express confirmation by the airline.
2.7 If possible, seat reservations will be stored in the airline's booking system by the agent at the customer's request. The airline may incur costs for this. The agent will inform the customer of these costs prior to execution.

3. obligations of the agent regarding entry regulations and visas

3.1 The Agent shall inform the Customer about entry and visa regulations if a corresponding order has been expressly agreed. Otherwise, there is only a corresponding duty to explain or inform if special circumstances known to the agent or obvious circumstances make express notification necessary and the corresponding information is not already contained in the offer documents available to the customer.
3.2 Corresponding information obligations of the agent are limited to the provision of information from current, industry-standard sources of information. There is no special obligation on the part of the agent to investigate without an express agreement to this effect. The agent may also fulfill his duty to provide information by referring the customer to the necessity of making his own special inquiries with relevant information sources.
3.3 The above provisions shall apply accordingly with regard to information on customs regulations, health-related entry regulations, preventive health measures for the customer and his fellow travelers as well as for import and export regulations.
3.4 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 inquiries or provide information on entry or transit formalities or on transit stays during the trip and in particular not to obtain visas without express agreement. The Customer is advised that the electronic entry permit does not necessarily replace the final entry permit issued by the border authorities of the respective country.
3.5 The Agent is not obliged to procure visas or other documents required for travel without a special, express agreement. In the event of acceptance of such an order, the Agent may, without express agreement, demand reimbursement of the expenses incurred by him which he may consider necessary in the circumstances. The Agent may himself demand remuneration for his work if this has been agreed or if, under the circumstances, the work was only owed in return for corresponding remuneration.
3.6 The Agent is not 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 transportation services

4.1 Flight tickets are usually booked via a ticket wholesaler (so-called consolidator). In our case this is AERTiCKET Conso GmbH, Boppstrasse 10, 10967 Berlin, place of jurisdiction: Berlin, HRB: 152149 B Amtsgericht Charlottenburg, UstId-Nr.: DE 290 500 811, Managing Directors: Rainer Klee, Thomas Wiedau, Marion Lützen. The consolidator charges its own fees for its own services. On request, we will inform you of the amount of these charges before you make your booking.
4.2 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 airline 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 websites 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 offices.
4.3 The contractual relationship between the customer and the airline is governed - insofar as applicable - by the statutory provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions and directly, like domestic statutory provisions, by Regulation (EC) No. 261/2004 on air passenger rights; Regulation (EC) No. 2111/2005 on the establishment of a Community list of air carriers which are subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier; Regulation (EC) No 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air.
Customers are strongly recommended to inform themselves about their rights as passengers, e.g. through the notices at the airports, through the information provided by the operating air carrier or through the information sheets of the Federal Aviation Office at www.lba.de.

5. reimbursement of expenses, remuneration, collection, payments

5.1 The Agent is entitled to demand payments in accordance with the service and payment terms of the airline brokered, insofar as these have been effectively agreed between the service provider and the Customer and contain legally effective payment terms. The agent may assert payment claims against the customer as the agent's authorized collection agent, insofar as this corresponds to the agreements between the agent and the airline, 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.
5.2 The above provisions shall apply mutatis mutandis to cancellation costs (cancellation compensation) and other statutory or contractual claims of the airline.
5.3 The customer may not offset the agent's own payment claims by way of retention or offsetting against the fact that the customer has claims against the procured service provider, in particular due to defective performance of the procured 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.

6. remuneration claims of the intermediary

6.1 The following applies to the prices and service fees for the provision of air transportation services by airlines:

• 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.
• The agent is generally remunerated for this brokerage activity in the form of service fees to be paid by the customer.
• The service fee for the agent's brokerage activities is already included in the final ticket price offered (including taxes, fees and any other public charges and/or airline surcharges). This service fee is shown separately on the invoice and includes the applicable VAT (if applicable).
• 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 for flight brokerage shall remain unaffected by disruptions or changes to services, in particular rebooking, change of name, withdrawal, cancellation, annulment or termination of the brokered contract by the airline or the customer. This does not apply if the customer is entitled to a refund due to a claim for damages on the part of the customer due to deficiencies in the agent's advisory or agency services arising from contractual or statutory claims.

7. documents about the arranged travel services

7.1 Both the customer and the agent are obliged to check the contractual and other documents of the brokered airline regarding the travel services provided to the customer by the agent, in particular booking confirmations or flight tickets, for correctness and completeness, in particular for conformity with the booking and the brokerage order.
7.2 If documents relating to the arranged flight tickets are not sent to the customer directly by the arranged airline, they shall be handed over by the agent in person or, at the agent's discretion, by post or electronic mail.

8. the customer's duty to cooperate with the intermediary

8.1 The customer must notify the agent immediately of any errors or deficiencies in the agent's brokerage activities that are recognizable to him. This includes, in particular, incorrect or incomplete personal customer data, other information, information and documents about the brokered flight services, 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:

• If the customer fails to notify us in accordance with Clause 8.1 through no fault of his own, his claims shall not lapse.
• The customer shall have no claims against the agent if the agent proves that the customer would not have suffered any damage or would not have suffered the amount of damage claimed by the customer if proper notification had been made. This applies in particular if the agent proves that immediate notification by the customer would have enabled the agent to rectify the defect or reduce the damage, e.g. by rebooking, additional booking or canceling with the airline.
• Claims of the customer in the event of a failure to notify in accordance with Clause 8.1 shall not lapse
  in the event of damage resulting from injury to life, limb or health due to an intentional or negligent breach of duty by the agent or a legal representative or vicarious agent of the agent
• in the case of claims for compensation for other damages that are based on an intentional or grossly negligent breach of duty by the intermediary or a legal representative or vicarious agent of the intermediary
• in the event of a breach of an essential obligation, the fulfillment of which makes the proper execution of the agency contract possible in the first place or the breach of which jeopardizes the achievement of the purpose of the contract. Liability for booking errors in accordance with § 651x BGB remains unaffected.

8.3 Any contractual and/or statutory obligation on the part of the customer to report defects to the procured airline remains unaffected by Section 8.
8.4 In his own interest, the customer is requested to inform the agent of any special requirements or restrictions with regard to the flight services requested.

9. obligations of the agent in the event of complaints by the customer against the airline brokered

9.1 Claims must be asserted against the brokered airline within certain deadlines, which may arise 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 procured airline for the same service.
9.2 In the event of complaints or other assertion of claims against the procured airline, the Agent's obligation is limited to providing the necessary information and documents known to him, in particular the name and address of the procured airline.
9.3 If the Agent undertakes - even without being obliged to do so - to forward the Customer's letters of claim in compliance with the deadline, it shall only be liable for the timely receipt by the recipient in the event of a failure to meet the deadline caused by it intentionally or through gross negligence.
9.4 With regard to any claims of the customer against the brokered airline, the agent is under no obligation to advise on the type, scope, amount, conditions of entitlement and deadlines to be observed or other legal provisions.

10. important notes on insurance

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 minimize the cost risk in the event of cancellation by the Customer.
10.2 The Customer is further advised that travel cancellation insurance does not usually cover the loss or damage that may arise if the Customer cancels the use of the travel services after their commencement, even if this is not the fault of the Customer. As a rule, travel interruption insurance must be taken out separately.
10.3 In addition, the Agent recommends ensuring that sufficient foreign health insurance cover is taken out when traveling abroad.
10.4 When arranging travel insurance, the customer is advised that the insurance conditions of the travel insurance policies arranged 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 intermediary 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, the Agent shall not be liable for the conclusion of contracts with the service providers to be arranged.
11.2 The Agent is not liable for defects and damages incurred by the Customer in connection with the arranged flight service. This does not apply in the event of an express agreement or assurance to this effect by the agent, in particular if this deviates significantly from the airline's service description.
11.3 Any liability of the Agent arising from the culpable breach of agency obligations remains unaffected by the above provisions.

12. consumer dispute resolution

12.1 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 brokerage of flight services, the Agent shall inform the consumer of this in an appropriate form.

13. intermediary

South Africa Travel GmbH & Co. KG
Buddestr. 9
33602 Bielefeld
Germany

Tel +49 (0)521 3367 6880
Fax +49 (0)521 33676881
Mail reisen@sa-travel.de

Commercial Register Bielefeld HRA 15218