Booking Terms

Terminalstr.18 85356 Munich

E-Mail: travelcentive@travelbyinspire.com

 

Managing Director: Richard Buxton

Commercial register: Munich HRB

 

The following provisions, if effectively agreed, become part of the travel agency contract concluded between the Customer and INSPIRE GmbH (hereinafter referred to as INSPIRE). They shall only apply to the brokerage service of INSPIRE and have no influence on the travel conditions of the brokered services.

 

1. Contractual relationship with the customer

2. Conclusion of contract

3. Confirmation and travel documents

4. General contractual obligations of the travel agent,

5. Information obligations of the travel agent

6. Service fee

7. Cancellation and rebooking

8. Obligations of the travel agent in the event of customer complaints

9. Dispute resolution procedure

10. Liability of the travel agent

11. Data protection

12. Choice of law, place of jurisdiction, severability clause

 

 

1. Contractual relationship with the customer

 

INSPIRE acts exclusively as an agent for travel services in the offers labelled on the website. In the event of a booking, the travel contract is concluded exclusively between the customer and the respective tour operator or local service provider.

 

1.1. For the (travel) contract mediated by INSPIRE between the Customer and the respective tour operator/service provider, only the travel conditions of the respective tour operator/service provider are applicable. These can be viewed at INSPIRE prior to the travel booking and are effectively included by the Customer in the travel contract between the Customer and the tour operator/service provider when making a booking. The General Terms and Conditions of the respective local service providers such as tour operators, training companies, transport companies, hoteliers, car hire companies, shipping companies, event organisers and travel insurers apply to the procurement of individual tourist services such as air travel, car hire, hotel accommodation, training and education. In air transport, the general terms and conditions of carriage of the respective airline, the statutory provisions of the Air Transport Act, the Montreal Convention and the EU Passenger Rights Regulation apply.

 

2. Conclusion of contract

 

2.1 The conclusion of the contract does not require any specific form. As a rule, the placement order is made by sending the booking form on the website of INSPIRE. However, it can also be placed in writing, by e-mail or fax, by telephone or in text form. With the booking with INSPIRE, a contract between the Customer and INSPIRE for the mediation of travel services and/or services of third parties in connection with the travel is concluded as an agency contract with a certain tour operator / service provider to mediate certain travel services.

 

When travel services, INSPIRE, as the travel agent, expressly does not establish a travel contract within the meaning of travel contract law.

 

The realisation of the trip as such is therefore not part of INSPIRE's contractual obligations.

 

2.2 The mutual rights and obligations of the Customer and INSPIRE result from the contractual agreements made in the individual case (in particular regarding the type and scope of the brokerage order), these General Terms and Conditions and the statutory provisions of Sections 675, 631 et seqq. BGB on the provision of services for consideration and § 651 k BGB.

 

3. Confirmation and travel documents

 

3.1 INSPIRE will send the travel documents issued by the tour operator/service provider to the address given in the booking enquiry. The documents will be issued in text form (e-ticket/e-mail). After receipt of the booking documents, the Customer is obliged to check the contract and travel documents of the brokered travel company, in particular booking confirmations, flight tickets, hotel vouchers, visas, insurance certificates and other travel documents, for correctness and completeness, in particular for conformity with of the booking and the brokerage order.

 

3.2 The Customer is obliged to inform INSPIRE immediately about errors, deviations, missing documents or other discrepancies recognisable for the Customer. If the Customer does not fulfil this obligation, a liability for damages of INSPIRE with regard to a resulting damage to the Customer can be limited or completely excluded according to the legal regulations about the obligation to minimise the damage (§ 254 BGB). INSPIRE's obligation to pay damages does not apply completely, if the circumstances mentioned in 7.1 were not recognisable for him.

 

3.3 In the case of package holidays, all travel documents will only be sent to the customer after full payment either by INSPIRE as the travel agent or by the tour operator.

 

3.4 Only ETIX (electronic, paperless ticket) will be issued for scheduled flights. Scheduled flights can only be booked by credit card. Lost tickets will be replaced in accordance with the respective airline's guidelines.

 

The applicable airline charges will be levied for replacement tickets. The customer is at liberty to prove that less expense has been incurred in this respect.

INSPIRE points out that the automatic confirmation of a booking based on the erroneous entry of incorrect data has no effect if the agreed travel price deviates recognisably and significantly from the actual value of the booked trip.

 

4. General contractual obligations of the travel agent

 

4.1 The contractual performance obligation of INSPIRE as a travel agent consists, in accordance with these Terms and Conditions of Agency, in the performance of the actions necessary for the execution of the agency order in accordance with the booking order of the Customer and the corresponding advice and information as well as the processing of the booking, in particular the handover of the travel documents, insofar as these are not transmitted directly to the Customer in accordance with the agreements made with the respective travel company/service provider.

 

4.2 All information about the services provided is based exclusively on the information provided by the respective provider. INSPIRE gives no assurance or guarantee with regard to the accuracy, completeness or up-to-dateness of the information provided to INSPIRE by third parties (tour operators/service providers).

 

4.3 INSPIRE fulfils the statutory information obligations prior to travel registration in accordance with Section 651 v (1) of the German Civil Code (BGB) and will provide the Traveller with the correct form or inform him/her in accordance with the booking situation .

 

4.4 Insofar as INSPIRE is an agent for associated travel services within the meaning of Section 651 w (1) BGB, INSPIRE shall inform the Traveller in accordance with Article 251 of the Introductory Act to the German Civil Code and provide the Traveller with the respective form or inform him/her according to the booking situation.

 

If INSPIRE arranges combined travel services, INSPIRE will provide the customer money insurance required in accordance with Section 651 w (3) BGB (German Civil Code) and provide the traveller with the corresponding security certificate, insofar as INSPIRE accepts customer money

 

5. Information obligations of the travel agent

 

5.1 INSPIRE informs the Customer about entry and visa regulations, as far as the Customer has expressly given him a corresponding order or a legal obligation to inform exists. Otherwise a corresponding duty of clarification or information only exists if special circumstances known to INSPIRE as a travel agent or recognisable to make an explicit information necessary.

5.2 In the event of an obligation to provide information in accordance with the above provisions, INSPIRE may, without special notice or knowledge, that the Customer and his/her fellow travellers are German nationals and that there are no special circumstances in their person (e.g. e.g. dual citizenship, statelessness).

5.3 If there is no German nationality, the traveller is obliged to do so

 

INSPIRE as the travel agent. The travel agent is not obliged to make a special enquiry without an express agreement to this effect. The travel agent can also fulfil his duty to inform by referring the customer to the necessity of making his own special enquiry at the relevant information offices (embassies/consulates).

 

5.4 The above provisions shall apply accordingly with regard to information on customs regulations, health-related entry regulations and preventive health measures to be taken by the customer and his/her fellow travellers.

 

5.5 INSPIRE is obliged to inform the Customer whether the travel services mediated by INSPIRE include a travel cancellation insurance. A further obligation regarding the scope, the cover and the insurance conditions of travel insurances does not exist, as far as no other explicit agreement has been made in this respect. Insofar as the subject of the brokerage is travel insurance, the travel agent is not obliged to provide information, in particular insofar as the customer can obtain information from the documents provided or available to him by the provider of the brokered travel service or the insurance documents via the insurance conditions in accordance with.

5.6 INSPIRE is not obliged to procure visas or other documents required for travelling without a special, explicit agreement and does not procure the documents. 

 

5.7 INSPIRE shall not be liable for the issuance of visas and other documents and for their timely receipt.

 

6. Service fee

 

6.1 INSPIRE charges a brokerage fee (service fee) for the advisory and brokerage services provided when commissioning the brokerage of a scheduled flight ticket or a brokered individual tourist service. The service fee for customers is agreed individually. Charges for the brokerage activity and other business transactions in connection with the booking order are shown separately for flight bookings as follows.

 

 

6.3 The service fee is also charged in the event of a rebooking, a change of name, a cancellation or the provision of a replacement traveller for a package tour in the amount of €50 per transaction. In these cases, further fees demanded by the tour operator/service provider and/or service fees specified by INSPIRE (e.g. for rebooking, cancellation of the mode of transport) may also be incurred.

 

6.4 The Customer cannot oppose INSPIRE's claim for the service fee by way of retention or set-off, in particular due to defective fulfilment of the mediated contract, unless a culpable violation of contractual obligations on the part of INSPIRE has become the cause or a contributory cause for the emergence of such claims or INSPIRE is liable for the asserted counterclaims for other reasons towards the travel customer.

 

7. Cancellation and rebooking

 

7.1 The customer can withdraw from the trip at any time before the start of the trip (cancellation) although cancellation fees may apply in accordance with the general terms and conditions of the respective tour operator / service provider.

 

7.2 The possibilities and processing of a rebooking requested by the customer also depend on the travel or business conditions of the respective tour operator

/ service provider, which may contain fee regulations for rebooking. Unless the possibility of rebooking is expressly stated in the selected fare or the service description of the respective offer, rebooking is excluded. If agreed, additional processing costs may be incurred for individual services including information services.

 

7.3 Cancellations and rebookings must be made to the tour operator / service provider. If the Customer contacts INSPIRE with a cancellation request so that INSPIRE can forward the cancellation to the tour operator / service provider, the cancellation / rebooking must be submitted in writing in text form (by post, email or fax). The customer must always state their full name and booking number. The relevant time for cancellation is the timely receipt of the cancellation by the tour operator / service provider within the usual cancellation period.

 

Business hours of the tour operator / service provider.

 

8. Duties of INSPIRE in the event of complaints by the customer against the travel companies arranged

 

8.1 In event of complaints or other assertion of claims against the travel organiser / service provider, INSPIRE's obligation is limited to the immediate forwarding of the complaint.

 

8.2 INSPIRE is neither obliged nor permitted to advise the Customer regarding any claims against the arranged tour operator / service provider, e.g. in particular regarding the type, scope, amount, conditions of entitlement and deadlines to be observed or other legal provisions. In this respect, INSPIRE refers to the General Terms and Conditions of Business and Carriage of the tour operators / service providers and, in addition, in the case of air transport services, to the information published on the website of the Federal Aviation Office http://www.lba.de on passenger rights in the event of overbooking, cancellation, delay, passenger and baggage damage.

 

9. Participation in the dispute resolution procedure

 

INSPIRE does not participate in a dispute resolution procedure before a consumer arbitration board in accordance with the Consumer Dispute Resolution Act, but to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all contracts concluded in electronic legal transactions. (link online).

 

10. Liability of INSPIRE

 

10.1 Insofar as INSPIRE has not assumed a corresponding contractual obligation by express agreement with the Customer, it is not liable for the conclusion of contracts with the travel companies to be brokered that correspond to the Customer's booking request.

 

10.2 Without an explicit agreement or assurance to this effect, INSPIRE shall not be liable for defects of the service provision and personal injury or damage to property incurred by the Customer in connection with the mediated travel service. This does not apply to the mediation of several main touristic services (according to the legal concept of a package tour), as far as INSPIRE according to § 651 a BGB (German Civil Code) gives the impression to provide the intended travel services on its own responsibility.

 

11. Data protection

 

11.1 The use of the data provided to INSPIRE for the fulfilment of the contract is in accordance with the provisions of the General Data Protection Regulation (GDPR). INSPIRE technical and organisational security measures to protect all data against unauthorised access.

 

accidental or intentional manipulation, loss, destruction or access by unauthorised persons. These security measures are continuously optimised in line with technical developments.

 

12. Choice of law, place of jurisdiction, severability clause

 

12.1. The entire legal and contractual relationship between the Customer and INSPIRE as travel agent is governed exclusively by German law.

 

12.2. In case of legal actions against INSPIRE as a travel agent, the place of jurisdiction is exclusively the place of the registered office of INSPIRE. For legal actions of INSPIRE against the Customer, the place of residence of the Customer is decisive.

 

12.3. Should any provision of these General Terms and Conditions of Travel Agency be or become invalid, this shall not affect the validity of the travel agency contract and all other provisions.

 

 

Status April 2025