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General Terms and Conditions for Travel Services
of Hogg Robinson Germany GmbH & Co. KG
Issuing of Information
1.1 The following General Terms and Conditions (GTC) represent an integral
3.1 We are committed to placing booking orders with proper care, and to component of the travel agency agreement that is to materialize between provide the Customer (or the person travelling) the guidance and the Customer and Hogg Robinson Germany GmbH & Co KG (HRG) for the
information that are required to this end. The duties of HRG to provide procurement of agreements for customers with suppliers/providers of travel information and disclosures are solely available upon express request by and similar services (Travel Agreements).
the Customer. This applies in particular for (A) immigration and transit rules 1.2 These GTCs apply exclusively. No supplementary agreements have been and regulations (visas) that are to be attended to by the Traveller upon made. We do not recognize customer conditions that are contrary to, or receipt of travel services, (B) the relevant conditions attached to the fare diverge from these conditions, unless we have expressly agreed to their desired by the Customer, and (C) existing alternatives to maximize cost 1.3 These GTCs in their relevant version are also valid for all future 3.2 We consider information on immigration and transit rules and regulations as agreements with the Customer regarding the provision of travel services. correctly issued when such information conforms to the information made public by the public office in charge, or made known otherwise, at the time Conclusion of the negotiated agreement – travel
of the booking confirmation. Within the scope of law and of the contractual documentation
stipulations, we are merely liable for selecting the correct source of 2.1 The Customer is bound to an offer upon entering into a travel and/or information and the correct relaying of this information to the Customer. An insurance agreement (booking order) that he submits to us.
information contract with a primary contractual obligation to issue 2.2 The booking order can be made in written form, orally, by telephone or by information materializes only if this is expressly agreed upon in writing. electronic means (via internet/intranet/e-mail). In the case of electronic 3.3 The procurement of the documents necessary for immigration or transit booking orders, the order will be considered submitted at the conclusion of travel (including but not limited to valid passports or valid identity cards, visas) is essentially the responsibility of the Customer or Traveller. Upon 2.3 We reserve the right to decline or not to process a booking order, in which express request of the Customer, we are willing to procure visas. In the case the Customer will be informed immediately of the refusal or non- event of acceptance of such an assignment we can request, without any execution. When we deliver the Customer’s booking order to the provider of previous special agreement, reimbursement for resulting expenditures, in travel services (Service Provider), the travel agreement between the
particular for telecommunication costs and – in urgent cases – the costs for Customer and the Service Provider materializes as soon as we receive couriers or appropriate service providers as well as a processing fee. notice of acceptance by the Service Provider. 3.4 We are not liable for the issuance of visas and other documents or for the 2.4 As the person in charge of the selection of service providers, the Customer timely receipt of the same, unless the relevant circumstances for the non- has the responsibility of providing to HRG instructions regarding the issuance or the delayed receipt of such are caused or caused in part by our Service Provider party. Should no instructions be provided, we shall assume that the Customer (Traveller) consents to all service providers that can fundamentally render the travel service. We exclude liability in any
Provision of Travel Services - Cancellation
event for the selection of a Service Provider.
4.1 Travel services are provided through the sole responsibility of the Service 2.5 As pertains to the rights and duties of the Customer before the Service Provider in accordance with the booking confirmation. The Customer Providers, those rights and duties found in these agreements apply acknowledges hereby that the travel agreement is directly entered into exclusively, in particular their travel or business conditions. These general between him and the Service Provider, and that HRG as the agent is not contractual conditions can be viewed directly with the respective Service responsible for the poor fulfilment of the travel service, nor for further secondary obligations stemming from the travel agreement. 2.6 Upon receipt of the travel documentation, the Customer is to inspect it for 4.2 Should the Customer (Traveller) cancel, in whole or in part, the arranged completeness and correctness. Apparent errors are to be pointed out to us travel service prior to the start of the journey, or should he not take the within five days from receipt of the documentation, at the latest. travel service, in whole or in part, the Service Provider shall be entitled – in 2.7 Should the Customer make a booking less than three (3) working days prior accordance with the fare category – to the price agreed upon, less the to the date of travel, and provided that no electronic ticket nor ticket deposit saved expenditures, or to a contractually agreed-upon cancellation fee. In at the airport has been agreed upon, we are authorised to send the tickets this connection, HRG expressly offers its customers the possibility of and insurance documentation by courier. The Customer shall bear these purchasing travel cancellation and travel withdrawal insurance, in order to costs. If the Customer insists on public mail, he/she will bear the risk of insure themselves against the consequences of non-acceptance or non- 2.8 Shipment of the travel documentation through public mail is exclusively 4.3 Should the Customer owe cancellation fees to the Service Provider, we are effected at the risk of the Customer. We are not liable for the replacement entitled to withhold and pay to the Service Provider such cancellation fees of missing or lost travel documents, unless we are responsible for such at the time of settling the travel payment as are available to us, and which 1 von Page 1 of 2 Version February 2007 Hogg Robionson Germany GmbH & Co. KG General Terms and Conditions for Travel Services
of Hogg Robinson Germany GmbH & Co. KG
Claims against Travel Shortcomings
from other customary offers. We would like to especially point out that such 5.1 Claims due to travel shortcomings are exclusively to be asserted before the suppliers do not grant fee refunds when the travel service is cancelled by Service Provider for such a travel service. the Customer. If the travel service is not rendered by the supplier, it is to be 5.2 Warranty or liability claims due to travel shortcomings exist solely against reckoned that no substitute performance (e.g. substitute flights) will be the Service Provider for the travel service. offered. For possible resulting claims from the Customer, please see 5.3 In the event of complaints or an assertion of claims against the company negotiated with, our responsibilities are limited to the issuance of all information and documentation that is deemed by the Customer to be of 10. Protection of Data
importance, in particular the provision of names and addresses for the 10.1 The Customer accepts that the information contained in their travel profile and the information made available to HRGby the Customer for purposes of 5.4 HRG is not obligated to accept and/or to forward relevant declarations or travel services, contains personal data as well as identity profiles in documentation. Should we accept the forwarding of time-sensitive claim accordance with German and European data protection legislation. documentation from the Customer, we are only liable for its timely receipt 10.2 The Customer takes note that, as proprietor of the personal data contained by the addressee in the case of our wilful or grossly negligent failure to in the travel profile, he is obligated to establish the purpose and the manner with which such personal data is processed through BTI. HRGcommits to processing the personal data in the travel profile only in compliance with Liability
the Customer’s instructions. In the event that HRG has justified reason to 6.1 Our liability is limited to grossly negligent or wilfully caused direct damages believe that the Customer’s instructions are not commensurate with the and breaches of duty within the scope of the agency agreement. This legal requirements for protection of personal data, HRG shall not be limitation does not apply for loss or damage for death or personal injury obligated to follow the instructions from the Customer. However, HRG is caused by our negligence. In case of a negligent violation of contractual not obligated to verify whether the Customer’s instructions are main obligations, we are only liable for foreseeable, typically occurring commensurate with the legal requirements. immediate and direct damages, limited in the individual instance to a 10.3 The Customer makes sure and guarantees that (A) the personal data in the maximum of the immediate value of the procured travel service. travel profile has been collected and processed in compliance with legal 6.2 We are not liable for shortcomings in the provision of services or for requirements; (B) personal data are always current and accurate; (C) the damages to persons or property experienced by the Customer in recipient of benefits is in agreement with (i) the transfer of personal data to connection with the arranged travel services. HRG and to third parties for the purpose of arranging for and supplying travel services, and (ii) the processing of personal data by HRG or third Assertion of Claims and Statute of Limitations
parties for the purpose of arranging for and supplying travel services, and 7.1 The Customer has one month to assert claims for our non-fulfilment of for this purpose issues his express approval, even when the processing of consultancy and/or agency services as provided in the agreement. To this personal data by HRG or third parties is carried out in other countries in end, the written form is expressly recommended. which the level of data protection is inadequate; and (D) that the recipient of 7.2 Contractual claims due to inferior performance of agency services are services is expressly in agreement with HRG generating Management subject to a limitation period of one year. The statute of limitations begins at Information Reports in regard to the travel services received by the the end of the year in which the claim originates, normally on the day that recipient of services, and making them available to the Customer. the arranged travel service was rendered. 10.4 HRG commits not to employ the data provided for processing or utilization for any other purposes except those mentioned above, nor for the irrelevant Force majeure
purposes of third parties without explicit consent of the Customer or the 8.1 Should it not be possible to perform our agency services due to force majeure, especially due to industrial strife or blameless or unforeseeable business disruptions, official measures not attributable to us, or other 11. Applicable Law / Court of Jurisdiction
events outside of our control, we are not obligated to provide such services 11.1 German law applies without regard to its conflict of law principles and the as long as the impediment to performance continues. UN-Convention on Contracts for the International Sale of Goods. 8.2 Should the impediment to performance last more than two weeks, we are 11.2 Cologne has been agreed upon as the court of jurisdiction. We are also entitled to cancel the agreement. The legal rights of the Customer remain entitled, in lieu thereof, to sue in the Customer’s place of residence. Procurement of Services from Low-Cost Carriers
9.1 Should we procure, upon the wish of the Customer, travel services from a supplier that operates as a low-cost carrier (a supplier of budget flights that concentrates on direct sales), the following supplemental regulations apply: 9.2 In most instances, travel services from low-cost carriers can only be booked through the internet. The procedures for data transfer are set by each supplier, and exist outside of our sphere of influence. Customer or Traveller data could be forwarded, thus, through an unprotected connection. We would like to emphasize, hereby, that there is a risk of misuse attached thereto, and this risk is borne by the Customer. 9.3 The fare conditions of low-cost carriers differ in part, in content and scope, 2 von Page 2 of 2 Version February 2007 Hogg Robionson Germany GmbH & Co. KG

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