General terms and conditions of use – travel guides and travel tips

1 General

Tiketi.de is an information portal. The use of our website is based on the following agreements. It also regulates the use of Tiketi.de services and is intended to ensure a high level of service and prevent misuse.

The user is obliged to use the Tiketi.de services lawfully and assures that during the use they will not access or distribute any criminally relevant content or violate other third-party rights (in particular industrial property rights and competition law). In particular, the distribution of content that is harmful to minors, child pornography, extremist and racist content, virus attacks and chain letters is prohibited. Using Tiketi.de as a service to misuse it, for example to interfere with the security measures of a third-party network, host or account (cracking, hacking, denial or service attacks), is also prohibited. All actions entitle Tiketi.de to immediately block the membership and all content of the affected user without giving reasons. The user will be excluded as a member forever. A criminal complaint will also be filed.

Tiketi.de is released by the user from any claims by third parties due to unlawful use of the services. The user is obliged to immediately report any unlawful use of the services by third parties to Tiketi.de.

If the User intentionally or unintentionally, knowingly or unknowingly, allows third parties to access the Services, he declares himself fully responsible for all online actions of that person, for the control of access and use by those persons and for the consequences of any type of misuse . The user is liable for any misuse that occurs and all costs incurred as a result of unauthorized use.

2. Content, forums and chat

a) Content

This includes the provision and posting of content on the Internet as well as the sending of newsletters by Tiketi.de to users via email. Tiketi.de receives permission from the user to use and process personal data, which is required for the establishment, content design and change of the contractual relationship with Tiketi.de, for the purposes of advice, advertising, market research or needs-based design of the services. The user has the option to object to this at any time by email.

All content and information on the Tiketi.de website is provided without any guarantee as to the completeness and accuracy of this information.

b) Forums and chat

Tiketi.de can only be held responsible for content and messages in the discussion forum or chat program if Tiketi.de has knowledge of the content and it is technically and economically possible and reasonable, taking into account the interests of Tiketi.de and other customers to block this content from further access.

Tiketi.de monitors the content of the discussion forums and chat programs on a random basis. Complete monitoring is not possible due to the disproportionate effort involved and Tiketi.de assumes no liability for any content.

Content from the discussion forums that contravenes current legal regulations, is offensive or hostile, violates good morals of general public communication or makes it difficult for users to communicate with one another can be removed by Tiketi.de at any time. This can also mean that a forum becomes too full and therefore confusing.

Content from the discussion forum or chat program that indicates that it is illegal, or if third parties claim that content is illegal to Tiketi.de, this content can be deleted by Tiketi.de without the user's consent.

The first time the user spreads illegal content, Tiketi.de is entitled to block them from using the discussion forum or chat program.

Tiketi.de does not guarantee the constant availability of its services and is therefore not liable for damages resulting from the unavailability of services.

Tiketi.de cannot accept any liability for losses of user entries and files.

3. Data protection

The user agrees that all data recorded by him on the Tiketi.de website will be stored and further processed in accordance with the Federal Data Protection Act (BDSG), to the extent that this is necessary for the implementation of the contractual relationship.

Unless it involves personal data, the user agrees to the data provided on the Tiketi.de website being passed on to companies or companies in which Tiketi.de is involved.

Data will be treated confidentially and in accordance with legal regulations. Any collection or processing of users' personal data beyond the scope described here will only take place with the users' prior consent.

The data will only be retained for as long as necessary under this Agreement and in compliance with applicable law.

The user has the right to receive information about his stored data at any time.

The user has been fully informed of the type, scope, location and purpose of the collection of personal data required to provide services. The user expressly agrees to this data processing.

Tiketi.de assumes no liability for the accuracy or completeness of the information provided by Tiketi.de.

It cannot be completely ruled out for Tiketi.de that data sent and received via Tiketi.de's Internet service could be intercepted and/or recorded by third parties. Tiketi.de assumes no liability for damages resulting from such events. This provision also applies to the address book managed by Tiketi.de (the data entered by the user is treated confidentially). Liability is limited to foreseeable, typical damage.

Tiketi.de cannot influence the transport of data over the Internet. There is therefore no guarantee for the sending of data (recipient reached, correctness of the data) and liability on the part of Tiketi.de is therefore excluded.

4. Copyright

The contents of this website are protected. Their use is only permitted for private purposes. Any reproduction, presentation, broadcast, rental and/or loan of the website or individual content is prohibited without the consent of Tiketi.de or other rights holders and will result in criminal or civil law consequences. All rights are reserved. A link to the Tiketi.de website, so that other content appears on the user's screen in addition to the website (e.g. so-called frames) or creates the impression that the Tiketi.de website is attributable to a third party also requires prior written notice Consent from Tiketi.de.

5. Left

The content of all websites linked to by us has been checked by us. Despite careful content control, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.

6. Final provisions

Tiketi.de reserves the right to make future changes and additions to the terms of use. The user undertakes to check these conditions at regular intervals for changes and additions. With each use of the service, the user agrees to the currently valid version of these general terms and conditions and conditions of use.

This agreement is subject to the law of the Federal Republic of Germany. The validity of the uniform international sales law (CISG agreement) is excluded.

The courts in Berlin have exclusive jurisdiction for disputes arising from or in connection with the use of the Tiketi.de services described above or these terms and conditions, provided that the user is a merchant or does not have a permanent residence in Germany, his place of residence or usual place of abode after these come into effect conditions abroad or if his domicile or usual place of abode is not known at the time the action is filed.

Should one or more provisions of this agreement be or become ineffective, the validity of the remainder of the agreement will not be affected.

Tiketi.de strives to protect users and third parties from legal violations or illegal content on the Internet. If you discover any violations of these general terms and conditions of use, please contact Tiketi.de.

All provisions of these general terms and conditions of use apply to all international users who use the Tiketi.de service.

General terms and conditions for travel services on this internet portal

preamble
travianet GmbH (hereinafter referred to as travianet) provides travel services on www.tiketi.com. Various travel services are offered on this internet portal by various named tour operators, airlines or other service providers. The following brokerage conditions apply to travianet's brokerage services for package tours, cruises, (only) flights, (only) hotels, rental cars and city trips, other travel services, associated travel services and travel insurance on the internet portal. Please also note the respective general terms and conditions (travel and payment conditions) as well as pre-contractual information from the responsible provider in the service description.

I. Contents of the contract, conclusion of the contract
(1) A business agency agreement is concluded between the customer and travianet. The customer commissions travianet to arrange package holidays, cruises, a (only) flight, a (only) hotel, a rental car, city trips, other travel services, associated travel services and/or travel insurance from the respective service provider. travianet only acts as an intermediary with regard to the services offered and, unless expressly stated otherwise, does not offer them in its own name.

(2) The offers presented by travianet on the above-mentioned portal do not represent a binding contract offer from travianet or the respective service provider. By entering their data and sending the online booking form to travianet, the customer submits a binding contract offer to the respective service provider and at the same time commissions travianet to provide the brokerage service. The customer then receives a confirmation of booking receipt from travianet via email at the email address provided, which simply confirms receipt of the booking order to the customer. The text of the booking receipt confirmation is not saved and can no longer be accessed later. The customer is obliged to check the accuracy of the data in the booking confirmation for the travel service requested immediately after receipt of the booking confirmation. If this data is incorrect, the customer must contact travianet immediately after receipt of the booking confirmation using the telephone number or email address displayed on the internet portal and correct the data. travianet points out that many airlines generally only carry out data corrections for flight tickets for a fee, which travianet passes on to the customer in the amount incurred, provided that the incorrect data entry cannot be attributed to circumstances attributable to travianet. The contract between the customer and the service provider is only concluded when either the service provider or travianet on behalf of the service provider has given the customer a legally binding confirmation of the requested services.

II. Mediation and processing fees, expenses
(1) Travianet does not charge a separate fee for brokerage services with regard to (only) hotels, package tours, rental cars and city trips and travel insurance, unless otherwise regulated below:

(a) Brokerage fees are charged for the brokerage services with regard to (only) flights, trains, etc. as well as for the provision of other services. The amount of the brokerage fee is listed in the respective offer in the respective booking mask and can be seen by the customer before the booking is completed.

(b) Expenses or expenses incurred by travianet as part of the order placed (e.g. issuing costs for visas, postal fees, etc.) must be reimbursed by the customer to travianet in addition to the brokerage fee, which only covers the pure brokerage service.

(c) If travianet cancels the service provided by the service provider on behalf of the customer at the customer's request, the processing fee due for this is EUR 25.00 per person/per ticket. The customer is free to declare his cancellation directly to the service provider. Any cancellation fees charged by the service provider in the course of the cancellation remain unaffected.

(d) A processing fee of EUR 50.00 is charged for the creation of a group offer, which is waived when the customer books the group offer and is subsequently reimbursed to the customer by travianet.

(2) All taxable brokerage and processing fees include VAT.

(3) If the customer rebooks or cancels booked trips and services, travianet's claim to brokerage fees already incurred remains unaffected. This does not apply if the rebooking or cancellation is due to deficiencies in travianet's placement or consulting services.

III. Form, pre-contractual information
(1) travianet will provide the customer with the relevant completed form (Art. 250 § 2 and § 4 or Art. 251 § 2 EGBGB) to the extent required by law before he submits his contractual declaration or in the case of a package travel contract being concluded by telephone provide the information on the respective form by telephone.

(2) travianet is also obliged to provide pre-contractual information about information (e.g. essential characteristics of the travel service; name, address of the branch, telephone number and, if applicable, e-mail address of the tour operator; travel price including taxes and, if applicable, all additional fees and charges and other costs; payment modalities), insofar as these are significant for the package tour in question, within the legally stipulated framework.

(3) When providing notices and information that go beyond the statutory obligations, travianet is liable within the framework of the legal provisions for the careful selection of the information source and the correct reproduction of the information and notices to the customer.

IV. Payment
(1) Tour operators or travianet as a travel agent may only request or accept payments on the travel price before the end of the package tour if the tour operator has an effective customer money protection contract, a corresponding security certificate has been issued and the customer's name and contact details of the customer money protector are clearly, understandably and highlighted were made available.

(2) The payment conditions, in particular the amount of the deposit or the due date of the payments, are determined by the general terms and conditions of the respective tour operator/service provider.

(3) The agency fees as well as expenses or expenses are due for payment immediately.

V. Travel documents
(1) Travel documents that travianet receives from tour operators and service providers for forwarding to the customer will be sent to the customer by email or post; In individual cases, the travel documents will be deposited at an airport counter, which will be communicated to the customer.

(2) When booking rental cars, the vouchers are sent to the customer either by post, fax or email or the reservation number is sent to the customer for presentation to the relevant rental car company.

(3) If it has been agreed with the customer to send travel documents by courier, the customer must bear all costs incurred.

(4) For travel insurance, an insurance number and the insurance conditions will be sent to the customer by email. These represent the insurance documents in their entirety.

(5) In his own interest, the customer is asked to immediately check the documents provided to him for accuracy and to inform travianet immediately if any discrepancies are discovered in order to avoid damage.

VI. Limitation of Liability
(1) travianet's liability for damages that are not based on injury to life, body or health is limited to the typically foreseeable damage, up to a maximum of the total price per person for the arranged trip or travel service for each individual case, provided that the damage is not due to intent or gross negligence and does not relate to obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer as a contractual partner can regularly rely.

(2) The above limitation of liability does not apply to claims under the Product Liability Act or other statutory guarantee liability and does not affect travianet's liability according to Section 651w Paragraph 4 BGB and Section 651x BGB.

VII. Entry and health regulations
(1) With regard to entry regulations, it is generally assumed that the customer and other travel participants represented by him are German citizens, unless the affiliation to another country is clearly recognizable or has been expressly communicated to travianet.

(2) The travel participant is responsible for compliance with the passport, visa, customs and health regulations applicable to the trip in the respective transit and destination countries.

(3) If travianet is specifically commissioned to procure visas and other travel documents, travianet is not liable for their timely issuance and timely receipt of these travel documents, unless travianet culpably caused the delay.

(4) The customer is urgently advised to obtain expert information in good time about infection and vaccination protection options as well as other prophylactic measures, especially on longer flights regarding the risk of thrombosis, and to seek medical advice if necessary.

VIII. Insurance
(1) travianet recommends making sure you have sufficient international health insurance cover and taking out a travel protection package or, when booking, at least travel cancellation insurance and insurance to cover the costs of support (including return transport) in the event of an accident, illness or death. Express reference is made to the insurance offers under the “Travel Insurance” button.

(2) If the customer has reason to complain in connection with the insurance brokerage, he can contact this out-of-court complaint and arbitration board:

Insurance Ombudsman e. V
PO Box 080632
10006 Berlin
Telephone: 0800 3696000
Fax: 0800 3699000
Email: beschwerde@versicherungsombudsmann.de
Homepage: www.versicherungsombudsmann.de

IX. Notes on customer obligations
(1) The customer is advised that the terms and conditions of the respective service providers named in the service description may give rise to special obligations for the customer.

(2) In addition, information in flight tickets such as, in particular, instructions on compliance with check-in times and, especially in the case of special and charter flights, the obligation to book outward, return and onward flights from the airline within a deadline specified by the airline must also be observed to be reconfirmed.

(3) In the event of loss or damage to luggage, national and international regulations require immediate notification to the airline.

X. Identity of the operating airlines for booked flight services
In accordance with EU Regulation VO 2111/05, we hereby point out the travel agent's obligation to inform the customer about the identity of the operating airline for all transport services on the outward and return flight before the contract is concluded, provided that the airline has already been determined before the contract is concluded. In this regard, we refer to the information in the respective service description of the airlines used. If the airline has not yet been determined, we will inform you about the airline that is expected to operate the flight before the contract is concluded. Once the airline has been confirmed, we will ensure that you receive information about this as quickly as possible. This also applies to any changes to the airlines operating the flight service.

XI. Shortening of the statute of limitations
(1) Contrary to legal regulations, the customer's claims against travianet from the brokerage contract expire within one year, unless they involve damage resulting from injury to life, body or health or damage caused by gross negligence breach of duty by travianet or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of travianet.

(2) The limitation period begins at the end of the year in which the claim arose and the customer became aware of the circumstances giving rise to the claim and the identity of the debtor or would have become aware of them without gross negligence.

XII. Consumer dispute resolution / OS platform
(1) travianet is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and does not take part in dispute resolution proceedings before a consumer arbitration board.

(2) travianet hereby draws the customer's attention to the platform for online resolution of consumer disputes operated by the EU Commission at http://ec.europa.eu/consumers/odr/.

XIII. Final provisions
(1) The contract is subject to German law.

(2) If the parties are merchants under German law or in the event that the customer does not have a general place of jurisdiction in Germany, or in the event that the party to be sued in legal proceedings has changed their place of residence or If your usual place of residence is moved outside the scope of this law or if your place of residence or usual place of residence is not known, the place of jurisdiction is agreed to be Munich.

Last change: January 21, 2022

travianet GmbH
Managing Directors: Göran Giegler and Jürgen Weickl
Stadtfeldstr. 16
D-94469 Deggendorf

VAT ID number: DE 246 652 677
Commercial register number: HRB 2873
Registration court: Deggendorf District Court

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