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Terms and Conditions of Bockerage of Hamburg Travel GmbH

Dear Hamburg Guest,

Please study the following Terms and Conditions of Booking carefully; they regulate the legal relationship between you and Hamburg Travel GmbH (hereinafter "Hamburg Travel"). These brokerage conditions form part of the contract concluded with Hamburg Travel as the broker for hotel accommodation and other services.

1. Subject of the brokerage services
Hamburg Travel offers hotel accommodation services and other services such as, for example, tickets 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 for the account of, third party companies, hereinafter "Service Providers". The contract for services booked is thus concluded exclusively between the customer and the Service Provider. The only connection between Hamburg Travel and the customer is a brokerage contract.

The scope of services brokered is given on the booking confirmation. Additional agree-ments altering the scope of these contractual services are subject to confirmation.

2. Booking and conclusion of contract
2.1.
By placing a booking with Hamburg Travel you are making a binding offer to the Service Provider to conclude a contract (e.g. in the case of hotel bookings a contract for lodging) and a binding offer to Hamburg Travel to conclude a brokerage contract subject to these Terms and Conditions of Brokerage.
2.2.
The booking can be made electronically via the Internet; by post; by fax or by tele-phone.
2.3.
The contracts mentioned in Section 2.1 above come into force upon their acceptance by Hamburg Travel in Hamburg. You will be informed of this acceptance, for which there are no formal 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 the information is provided by means of displaying a booking confirmation at the end of the booking procedure. You have the option of printing out the booking confirmation following conclusion of your booking.
2.4
Data provided to Hamburg Travel will be protected as per the legal regulations.

3. Payment and handling of accommodation services
3.1
Payment of the accommodation price stated on the booking confirmation – with the exception of a booking as per Section 3.2 below – must be made directly to the hotel on arrival. The credit card which you must quote in your booking will only be debited by the hotel in the case of non-arrival without a timely cancellation (see Section 7 below in this regard).
3.2.
In the case of bookings at special rates (e.g. special terms, early booking or last minute rates) your credit card may, however, be debited by the hotel immediately following booking. You will be made expressly aware of this during booking.

4. Payment and handling of package trips
The payment options available will be displayed during the booking procedure. Payment will thereafter be made as selected during the booking procedure and confirmed on the booking confirmation. The travel documents will be sent to you following receipt of payment.

5. Payment and handling of entrance tickets
After making your booking please pay the sum stated on the booking confirmation to the recipient stated on the booking confirmation. The tickets booked will be sent to you following receipt of payment.

6. Payment and handling of flight services
Payment options vary depending on the airline. The payment options available will be displayed during the booking procedure. Payment will thereafter be made as selected during the booking procedure and confirmed on the booking confirmation. Likewise this will also apply to the print out and/or sending of the airline tickets.

7. Cancellations
7.1
Cancellation by way of a declaration to Hamburg Travel is possible at any time. Such a cancellation should include your booking number. Receipt of the cancellation declaration by Hamburg Travel is decisive in this regard. We recommend that you make cancellations in writing.
7.2
If you have booked a hotel then the booking – with the exception of the bookings included in Section 7.3 below – can be cancelled free of charge until 06:00 p.m. of the day prior to the day of arrival. Should you cancel after this time or not make use of the room booked – without having cancelled within the deadline given above – then the Service Provider may demand compensation for its expenses. When calculating any charge for compensation for the Service Provider’s expenses the expenses generally saved and income from an alternative rental of the room must be taken into consideration. The cancellation fee is payable immediately.
7.3
In the case of cancellation of a hotel booking at special rates (e.g. special terms, early booking or last minute rates) the full accommodation price will be payable in the event of a cancellation. You will be made expressly aware of this during booking.
7.4
In the case of cancellation of package trips any fee you incur will be based on the corresponding travel organiser’s General Terms and Conditions of Business. These Conditions will be displayed during the booking procedure.
7.5
In the case of cancellation of entrance tickets the entire sum stated on the order confirmation will be payable.
7.6
In the case of cancellation of flight services the sum payable will be based on the corresponding airline’s General Terms and Conditions of Business. These Conditions will be displayed during the booking procedure.
7.7
You will in all cases be at liberty to contend that no or significantly lower damages than the fixed fee you are liable for ensued from your cancellation. In this case you will be obliged to pay the lower costs (or, if no damages ensued, no payment).

8. Guarantee/Liability
8.1
Hamburg Travel is merely the broker of third party services and is not responsible for the orderly execution of the third party services brokered, but rather only for the orderly brokerage of the above mentioned third party services. Hamburg Travel is not liable for non-performance or malperformance of the contract brokered.
8.2
Hamburg Travel’s liability is limited to wilful or grossly negligent acts. Liability for ordinary negligence is excluded. This limitation of liability does not apply to damages ensuing from physical or personal injuries or to health.
8.3
Claims regarding failure to perform contractually agreed services must be made immediately and exclusively to the relevant accommodation facility or organiser. Insofar as the details on the reservation confirmation or entrance ticket are insufficient to identify the accommodation facility or organiser then the information required can be obtained from Hamburg Travel.

9. Escape clause
Insofar as individual terms of these brokerage conditions are or become invalid, then the validity of the remaining terms remains unaffected. The invalid term will be replaced by the legal ruling.

10. Jurisdiction
Actions against Hamburg Travel must be brought at its place of domicile. For actions brought by Hamburg Travel against you, your domicile will be decisive unless the action is against fully qualified merchants in the sense of German law; or persons who, subsequent to conclusion of the contract, have transferred their place of residence to a foreign country; or whose domicile or usual place of residence is not known on com-mencement of the action. In such cases the domicile of Hamburg Travel will be decisive.

Hamburg Travel GmbH
Steinstraße 7
20095 Hamburg
Issue: March 2010 


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