Terms & Conditions
Kirmaier GmbH, VILLTRAVEL, Helga and Walter Kirmaier, Hoegnerstr. 26, 85290 Geisenfeld, Germany („Agency“)
1 Scope of application
1. The following terms and conditions exclusively regulate the contractual relationship between you as a customer and us as an agent of the travel services. In particular, they are not applicable if the agent acts as a landlord of his own property.
2. upon completion of the booking process, the customer commissions the agent to make a booking for an accommodation or service ("booking objects"). Separately from this, a contractual relationship with the tour operator or service provider ("owner") will be created when the booking is made.
The agent points out to all customers that the contract for the rental of the accommodation is not concluded with the agent, but always with the owner or tour operator stated in each case, unless the agent expressly acts as owner and landlord of an object of booking.
4. by making an online booking or sending the reservation order in text form or by telephone, the customer acknowledges the general terms and conditions of the agent and declares that he has read and understood them. This applies however at the latest with receipt of the confirmation email about the conclusion of the brokerage contract. The customer agrees to the use of his data (name of the customer, address, dates of birth, telephone number, e-mail address) as described in these terms and conditions.
5. the general terms and conditions of the agent can be viewed at any time on the homepage of the agent at www.villtravel.de.
2 Subject matter of the contract and conclusion of the contract
1. the subject of this contract is the mediation of a contract conclusion of the customer with the respective owner about the service listed in the booking by the agent ("mediation contract"). Any special requests and ancillary agreements are only deemed to be agreed if they are confirmed in writing by the agent.
2. the offers presented on the website www.villtravel.de do not represent a binding contract offer on the part of the agent and/or the respective owner. Rather, it is an invitation to the user to submit an offer to conclude a contract with the agent for the brokerage service (invitatio ad offerendum).
3. the provision of the booked service as such is not part of the obligations of the agent. In case of a booking, a contract for the travel service is concluded directly between the customer and the respective owner. The customer must report a defect in the travel service to the respective owner on site and immediately after becoming aware of it. Subject to the provision in § 7, the agent is not liable for this.
4. Villtravel's acceptance of the brokerage contract is exclusively by online booking, e-mail or telephone.
5. if the order is placed by a person other than the customer, this person is fully liable for the fulfilment of the obligations of the registered persons. If the actual customer confirms the order in writing and is therefore liable for the fulfilment of the obligation of the registered persons, the person placing the order remains jointly and severally liable with the actual customer. If desired, he can be released from liability by a written declaration of the agent.
6. with the acceptance of the brokerage order by the agent, i.e. with the sending of the order confirmation by e-mail to the customer, the customer is bound to the brokerage order. At this point in time, a binding brokerage contract between the customer and the agent has been concluded.
7. the confirmation e-mail on the acceptance of the sales agent order is to be distinguished from the booking confirmation. With the 1st confirmation e-mail, the sales agent only confirms that the booking ordered by the customer has been forwarded to the respective owner and that the sales agent order has been accepted. This confirmation does not yet mean that a contract for the booked object use has already been concluded with the owner. A binding and final booking is only promised to the customer with the booking confirmation and invoice.
8. the mediation and booking of the mediated accommodation is expressly not a package tour.
3 Booking confirmation and travel documents
The customer is obliged to check the contractual documents made available to him/her for correctness and completeness, whereby particular care must be taken to ensure that the travel data shown are identical with the booking made. If the customer notices deviations or false information, he/she must inform the agent accordingly. If he does not comply with this obligation, any claim for damages may be limited or completely excluded in accordance with the statutory provisions on the duty to minimise damages. An obligation to pay damages on the part of the agent is completely void if the circumstances described here were not recognizable to the agent and the agent is not responsible for them.
4 Prohibition of assignment
An assignment of all claims of the customer on the occasion of the trip - regardless of the legal reason - to third parties, including spouses, is excluded. The judicial assertion of assigned claims by third parties is excluded.
5 Entry requirements and other information
In principle, the customer is responsible for ensuring that the necessary prerequisites for carrying out the trip are met for his or her person and that all legal regulations, in particular domestic and foreign entry and exit regulations, health regulations, customs and foreign exchange regulations, passport and visa regulations are observed. The same applies to the procurement of necessary travel documents. The agent points out that information provided by him regarding the above provisions can be changed at any time by the authorities, which is why no liability is assumed for this information. The customer is advised to obtain information himself from the relevant authorities and institutions.
1. if the agent has not assumed a corresponding contractual obligation by express agreement with the customer, he is not liable for the conclusion of contracts with the owner corresponding to the customer's booking request and, subject to clauses 3 and 4, also not for the condition of the objects of the booking and for their compliance with local legal regulations.
2. without express agreement or assurance in this regard, the agent as a travel agent is not liable for defects in the provision of services and personal injury or property damage incurred by the customer in connection with the mediated travel service.
3. the agent is liable as regards his position as travel agent in cases of intent or gross negligence in accordance with the statutory provisions. The liability for any guarantees assumed is independent of fault. For slight negligence, the agent is only liable according to the regulations of the product liability law, for injury to life, body or health or for the violation of essential contractual obligations. However, the claim for damages for the slightly negligent violation of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, body or health.
4. the agent is liable to the same extent for the fault of vicarious agents and representatives.
7 Data protection
8 Applicable law
The mediation contract and these General Terms and Conditions shall be governed exclusively by the law of the Federal Republic of Germany. Exclusive place of jurisdiction for all legal disputes between the parties is the local court Pfaffenhofen or the regional court Ingolstadt.
9 Online dispute resolution
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr. You will find our e-mail address at the top of the imprint. We are not willing or obliged to participate in dispute resolution proceedings before a consumer dispute resolution body.
10 Severability Clause
Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of the GTC shall not be affected. In place of the invalid or unenforceable provision, the parties hereby undertake to agree on a valid provision which comes as close as possible in legal and economic terms to the meaning and purpose of the invalid or unenforceable provision. The same applies to the filling of gaps in these General Terms and Conditions. § 139 BGB is waived altogether.