General Terms And Conditions – Travel Agents


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Owner:     Ayman Helmy
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Owner: Ayman Helmy

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Text: Textagentur Melanie Bock

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General Terms And Conditions

– Travel Agents

1. Objective of the scheme
The following general terms and conditions are valid for all transactions from Phoenix-Tourism, in the following named as „the provider“, with their contractual partner, in the following named as „the customer“. Different general terms and conditions are not valid.
The respective travel services are provided by the service provider. The general terms and conditions of Phoenix Tourism are valid. Travel agent and service provider, as well as their general terms and conditions, are named in detail in every single offer. Information about the journey, as well as the chattel papers, will be transmitted by the service provider.

2. Conclusion of contract
By filling in the information fields and completing the booking or purchase process the customer offers the binding conclusion of a travel agency contract with Phoenix Tourism. The offer can be issued in a written form, orally, by telephone or via electronic media (via internet). By delivery via electronic media (internet), with sending the booking order the custumer will automatically submit a binding offer to the provider Phoenix Tourism. The customer is responsible for all in the offer named persons, as well as his own commitments.
With booking the customer offers a binding conclusion of a contract. Phoenix Tourism reserves the right to accept the offer. The booking can be in writing, can be made orally or by telephone or via e-mail. A binding contract is only valid by writing or by sending an e-mail confirmation of the provider or the service provider.
The Customer undertakes to check the booking confirmation and will immediately inform the service provider or Phoenix Tourism, if there are any mistakes in the booking confirmation. If the customer informs the service provider or Phoenix Tourism after three days or more, the needed changes oft he booking confirmation can not longer be respected. Because of too late displayed mistakes or deviations, the customer can not be withdrawed from the contract.

3. Benefits and salaries
The contracts range of the benefits and salaries do result from the particulary description of the particulary offer, as well as they result from the order confirmation. If there are any meanderings in the offer or order confirmation, the detailed datas from the order confirmation are valid and binding.

4. Changes in benefit or price

4.1. Changes and meanderings of singular journey benefits from the appointed content oft he contract, which will be necessary after the conclusion oft he contract and which do not result from customers behaviour against faithfulness and belief, are allowed to the provider, unless there are no extensive meanderings and the total package oft he journey will not be impaired by these meanderings. The provider will inform the customer immediately, if there are any meanderings necessary.

4.2. The provider guarantees the prices from the order confirmation, as they relate to non-governmental contractors dealers, for example hotels.

4.3. Until the agreed date of travel, the provider reserves the rigth to pass on any costs, that can result from flight price meanderings and / or governmental dues like dues for entry, harbour or airport dues or important exchange rate meanderings for the journey.

4.4. In case of a subsequent amendment oft he price fort he journey, the provider will immediately inform the customer.

5. Instructions for Passport, Visa and Health

5.1. The provider is not responsible to inform the customer about instructions for passport, visa and health, as well as for their possible changes before the customers journey. The responsibility to inform the travelling people lies with the customer. Every customer / passenger is personally responsible for entry-, departure-, health-, passport and visa instructions

5.2. If there is any evidence at this site about passport, visa, currency or health regulations, it is believed that the customers are German citizens. If this is not right, the customer should autonomously and directly get in touch with to their competent embassy or consulate. Because Phoenix Tourism depends on the information of third parties (service providers or authorities and the relevant provisions might change at any time, Phoenix Tourism makes no representations or warranties as to the accuracy, completeness or timeliness of such information. A liability of Phoenix Tourism is excluded.

6. Cancellation

6.1. If the customer withdraws from the contract, the seller can demand compensation for the travel arrangements and his expenses.

6.2. A cancellation of the trip up to a period of 45 days prior to travel is basically free of charge, unless the offer or the order confirmation does not state otherwise.

6.3. In case of cancellations at a later date the provider may not claim cancellation fees, unless otherwise provided in the respective offer or order confirmation otherwise. However, the provider will claim cancellation fees, which are levied against him by third service providers, on to the customer.

6.4. Any expenses for the rebooking or payable partial travel expenses in case of transfer shall be governed by the terms of the service provider. Phoenix Tourism reserves the right to charge the customer all Phoenix Tourism found during their transfer from other invoiced costs. The customer has the right to prove lesser damages.

7. Obligation to cooperate

7.1. The customer is obliged to immediately report any complaints directly locally before departure.

7.2. The customer is obliged to immediately pass on the knowledge of deficiencies that are known to him or be accompanied by complaints traveler spot to a representative of the supplier locally.

8. Liability, Limitation of Liability, Limitation

8.1. Basically Phoenix Tourism operates exclusively as an intermediary between the customer and the service provider and acts on behalf and for the account of the service provider. In those cases Phoenix Tourism is not responsible for the respective of the service providers to the customer deliverables.

8.2. Phoenix Tourism is only liable for damages incurred by the customer from this agency contract as a result of Phoenix Tourism intentional or grossly negligent breach of duty perpetrated. For damages resulting from injury to life, limb or health as well as for typical damages that are incurred by the customer as a result of crimes committed by Phoenix Tourism substantial breach of contract the agency contract, Phoenix Tourism liable. Even if Phoenix Tourism merely falls slight negligence. Incidentally, a liability for ordinary negligence is excluded. An essential contractual obligation as defined above is one whose fulfillment makes the proper execution of the contract and on whose compliance the customer may trust regularly, especially to get the retail travel services, to strive for that purpose by the contract, the necessary consultations and to provide information and properly handle the main contract. For damages incurred by the customer during the trip, Phoenix Tourism as an intermediary is not liable. The liability of Phoenix Tourism slight negligence is limited to the value of the booked trip, anyway, but in a predictable and typical damage. A statutory strict liability of Phoenix Tourism remains unaffected. Phoenix Tourism is not liable for ordinary negligence of its agents.

8.3. Claims for damages against the seller tort and personal injury are limited to the amount of foreseeable damage, but in any case on the amount of coverage of liability insurance of the supplier. The supplier will provide the customer at its request, access to the insurance policy.

8.4. Claims for non-contractual performance have to be made within six weeks of the contractual end of the trip to the provider. After this period, the assertion of claims is excluded.

8.5 The recourse of the customer to the supplier due to warranty claims of the traveler will not apply if the traveler has culpably failed to immediately report the defect on the spot or if the customer has his cooperation obligations injured from paragraph 7 and the provider therefore had no way to remedy the situation.

8.6. A claim for damages against the provider is limited or impossible, according to international agreements or statutory provisions based, to be applied to that of a service provider deliverables, a claim for damages against the service provider occurs only under certain conditions or restrictions or claims can be made or is excluded under certain conditions.

8.7. The contractual claims of the customer expire after one year. The period begins with the day on which the journey should end according to the contract.

8.8. Phoenix Tourism as a travel agent is dependent upon the individual details of the travel on the information provided by the respective service providers are available. Phoenix Tourism has no way to verify this information for accuracy. Phoenix Tourism therefore makes no warranties or representations as to the accuracy, completeness or timeliness of such information from. The same applies to other information contained on this site and information which have been provided by third parties.

9. Final provisions

9.1. The law of the Federal Republic of Germany applies to all legal relationships between the parties.

9.2. General jurisdiction for all disputes arising from the contractual relationship is Berlin, Germany.

9.3. One-off or right of retention by the customer is permitted only with recognized or legally established counterclaims.


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