Booking conditions of the Hamburg Travel GmbH
Dear visitor to Hamburg,
Please study the following booking conditions carefully. They govern the legal relationship between you and Hamburg Travel GmbH (referred to as Hamburg Travel below). These booking conditions form part of the contract concluded with Hamburg Travel as the agency for hotel accommodation and other services.
1. Subject of the agency services
Hamburg Travel offers hotel accommodation services and other services, such as tickets for example, via an electronic reservations system. Within the scope of these activities, Hamburg Travel does not render its own services but rather brokers them in the name of and on the account of third party companies, hereinafter referred to as service providers. The contract for services booked is thus concluded solely between the customer and the service provider. The only connection between Hamburg Travel and the customer is an agency contract. The scope of agency services is shown in the booking confirmation. Supplementary agreements that change the scope of the contractual service are subject to confirmation.
2. Booking and conclusion of contract
By booking with Hamburg Travel you are making a binding offer to the service provider to conclude a contract (e.g. a contract for accommodation in the case of hotel bookings) and a binding offer to Hamburg Travel to conclude an agency contract subject to booking conditions.
Bookings can be made electronically via the internet, by post, by fax or by telephone.
The contracts mentioned in clause 2.1 above become effective on their acceptance by Hamburg Travel in Hamburg. You will be informed of this acceptance, which has no specific requirements regarding form, immediately on conclusion of the contract by means of a booking confirmation sent to you. In the case of electronic bookings via the internet, information is provided by means of a booking confirmation shown at the end of the booking procedure. You have the option of printing out the booking confirmation following the conclusion of your booking.
Information supplied to Hamburg Travel is protected in accordance with the statutory regulations.
3. Payment and processing of accommodation services
Payment of the accommodation prices stated on the booking confirmation - with the exception of a booking according to clause 3.2 below - must be made directly at the hotel on arrival. The credit card that must be quoted in your booking will only be charged by the hotel in the case of non-arrival without cancellation within the prescribed period (see clause 8).
In the case of bookings at special rates (e.g. special terms, early bird or last-minute rates), your credit card may, however, be charged by the hotel immediately after booking. You will be made expressly aware of this during booking.
4. Payment and handling of travel packages
The payment options available will be displayed during booking. Payment is then effected as selected during the booking and confirmed in the booking confirmation. The travel documents will be sent to you on receipt of payment.
5. Payment and processing of admission tickets
After you have made your booking, please pay the sum stated on the booking confirmation to the recipient stated in the booking confirmation. The tickets booked will be sent to you on receipt of payment.
6. Payment and processing of flight services
Payment options vary depending on the airline. The payment options available will be displayed during the booking procedure. Payment is then effected as selected during the booking and confirmed in the booking confirmation. The same applies to printing or sending the airline tickets.
7. SEPA Direct Debit / Shorter pre-notification period
If payment is made by SEPA direct debit, a shortened pre-notification period (advance notice) of three business days applies to the preliminary notice.
8. Withdrawal / Cancellation
You can cancel at any time by means of a declaration to Hamburg Travel. The cancellation should include your booking number. Receipt of the cancellation declaration by Hamburg Travel is decisive in this regard. We recommend that you make the cancellation in writing.
If you have booked a hotel, you may cancel this booking - with the exception of the bookings specified in clause 8.3 below - free of charge up until 6pm on the day prior to arrival. If you cancel after this time or do not make use of the booked room without cancelling within the deadline stated above, the service provider may request compensation for its expenses. The expenses saved and income from an alternative rental of the room must usually be taken into consideration in the calculation of any compensation for the service provider’s expenses. The cancellation fee is payable immediately.
In the case of cancellation of a hotel booking at special rates (e.g. special terms, early bird or last-minute rates), the full accommodation price must be paid. You will be made expressly aware of this during booking.
In the case of cancellation of travel packages, the amount you have to pay will be based on the corresponding tour operator’s General Terms and Conditions which will be shown to you during the booking process.
In the case of cancellation of admission tickets, the full amount stated on the booking confirmation must be paid.
In the case of the cancellation of flight services, the amount you have to pay will be based on the corresponding airline’s General Terms and Conditions which will be shown to you during the booking process.
In all cases you will be at liberty to prove that no or significantly lower losses resulted from your cancellation than that for the requested packages. In this case, you are obliged to pay the lower costs (or if no loss has been incurred, no payment is required).
9. Guarantee/ Liability
Hamburg Travel merely brokers third-party services and is not responsible for the proper performance of such third party services but only for the proper brokering of the aforementioned third-party services. Hamburg Travel is not liable for non-performance or poor performance of the contract brokered.
The liability of Hamburg Travel is limited to deliberate intent and gross negligence. Liability for simple negligence is excluded. The aforementioned exclusion of liability does not apply to damages resulting from injuries to life, limb or health.
Claims for failure to perform contractually agreed services must be made immediately and exclusively to the relevant tourist accommodation company or organiser. If the details on the reservation confirmation or admission ticket are insufficient to identify the tourist accommodation company or organiser, the information required can be obtained from Hamburg Travel.
10. Severability Clause
If individual provisions of these booking conditions are or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by statutory regulations.
11. Place of jurisdiction
Actions against Hamburg Travel must be brought at the place of its registered office. For actions filed by Hamburg Travel against you, your domicile will be decisive unless the action is against registered traders according to German law, or persons who, subsequent to conclusion of the contract, have transferred their place of residence or normal domicile to a foreign country or whose domicile or usual place of residence is not known at the time the action is filed. In such cases, the registered office of Hamburg Travel will be decisive.
Hamburg Travel GmbH
As of: February 2014