GENERAL TERMS AND CONDITIONS OF airline direct
The following General Terms and Conditions govern the contractual relationship between you as the booking party and airline direct as facilitator and the service providers of the individual tourism services and /or the tour operators for the travel agreement as defined by section 651 et seq. of the German Civil Code [BGB]. airline direct expressly points out to all booking parties, participants and travellers that travel agreements are not concluded with airline direct, but always with the relevant service provider, subject to the General Terms and Conditions of the relevant service provider. Details and the complete Terms and Conditions can be obtained from our Service Centre. A procurement agreement is established with airline direct. Therefore, the following Terms and Conditions apply exclusively to our procurement activity and shall have no impact on the terms and conditions of organisers or airlines, according to which the procured tours are arranged. airline direct is not obliged to check the information provided by the service providers and shall not be held liable to the booking party / participant / traveller for the correctness of the information possibly provided by contractual partners, provided that airline direct does not act with gross negligence or intent by passing on this information or passes on this information despite grave concern about its correctness. The following General Terms and Conditions exclusively apply to the procurement agreement. The validity of any general terms and conditions of the booking party / participant / traveller are expressly precluded in so far as they do not conform to the following General Terms and Conditions.
Website
airline direct’s website operator is Travel Viva AG. The agreement between the booking party / participant / traveller is subject to German law.
Processing
Execution and processing of your booking order is done on behalf of airline direct by FlightOne GmbH, represented by its managing director Ilona Paschke, Zossener Str. 55, 10961 Berlin, registered in the Commercial Register, Charlottenburg Local Court HRB 95852B and AERTICKET AG, represented by directors Rainer Klee (Chairman), Roland Kreling-Behmenburg, Uwe Zobel, acting Chairman of the Supervisory Board Gerd Maßheimer, Zossener Str. 55, 10961 Berlin, registered in the Commercial Register, Berlin Charlottenburg Local Court, HRB 82 693.
Contents of the agreement
A binding booking order shall be established as soon as the booking party has clicked on the button "Send a booking” /“Book” in the mask. This is the legally binding order to airline direct to procure a carriage or other individual tourism service from a specific provider or a travel agreement from an operator for the booking parties in accordance with its specifications. Performance of the booked service as such does not form part of our obligations as travel agent. The booking party is bound by this booking order for a period of 72 hours. airline direct will accept the booking order or will contact the booking party within this period. In principle, a binding confirmation in the form of an invoice from air direct is regarded as acceptance, with the result that the consideration owed for this shall be due for payment immediately, unless this is an order to conclude a travel agreement with a tour operator. If this concerns the booking of a travel event with a tour operator, its provisions on payment and security procedures shall apply.
If payment is made by credit card, charging of the credit card account of the booking party / participant / traveller shall be regarded as acceptance.
Procurement is deemed to have been effected as soon as the travel documents have been dispatched to the customer. You are obliged to check the confirmation of booking / invoice / travel documents sent to you immediately for their correctness and to point out any possible errors or deviations promptly to airline direct.
We hereby inform you that we do not save the text of the agreement. Together with our confirmation of the booking, you will receive an e-mail overview of the tourism service, as selected by you, as well as its cost.
In principle, the booking party or the debtor of the payment specified by it is obliged to pay consideration for the entire tour package billed for, including the processing and service fees (tour price). The booking party is liable for the complete tour price, unless the tour price is paid by the party obliged to pay the consideration specified by it.
airline direct’s liability as agent
The scope of contractual services shall be as provided in the tour operator’s or other provider’s description of services, as well as in information in the travel confirmation referring to these. airline direct is not obliged to check the tour operator’s or other provider’s information and is not liable to a participant / traveller for the correctness or completeness of the information provided by possible contractual partners. airline direct points out that the automatic confirmation of a booking, based on an accidental wrong data entry or on a software error, entitles airline direct to rescind a possibly concluded agreement.
Ticket Fee
airline direct shall charge a ticket fee for the procurement of the tour. This is not refundable upon cancellation of the tour, unless this results from a fault by airline direct and / or its vicarious agents. The customer is at liberty to prove that no or little costs have arisen.
Change of bookings and cancellation
Changing a booked and confirmed tour is only possible by cancellation of the booked tour and concurrent booking of another tour, unless the service provider has provided special provisions for such an instance. Possible costs for changing the booking or payable partial tour fees are subject to the terms and conditions of the relevant service provider.
The option of cancellation of a booking is exclusively subject to the travel agreements / carriage agreements or the general terms and conditions of the relevant service provider and may not be influenced by airline direct. Depending on the ticket tariff, time of the cancellation well as the service provider, it may in some cases occur that no refund at all will be made by the relevant service provider or airline. Details and complete terms and conditions can be obtained from our Service Centre. Partial refunding for legs not utilised is normally excluded in terms of the general terms and conditions of the airlines. airline direct will provide information to the booking party to the best of its knowledge, but is not liable for either the correctness or the completeness of the information provided by the airlines.
The relevant date for cancellation is the date of its receipt by airline direct during normal business hours. We recommend doing the cancellation in writing, in order to avoid misunderstandings. The cancellation may be done by e-mail to service@airline-direct.de or by post to airline direct, Zossener Str. 55, 10961 Berlin, stating the booking number. For the payment of any possible refund / partial refund, it is imperative that the original air tickets be returned to airline direct, unless an electronic air ticket was issued.
airline direct shall charge its own service fees for the processing of changes of bookings and/or cancellations of the services as well as the withdrawal of air tickets, unless the measure results from a fault by airline direct.
In case of a change of booking, consideration in the amount of 30.00 euros and in case of a cancellation/air ticket withdrawal, consideration in the amount of 50.00 euros per air ticket shall be charged.
The customer is at liberty to prove that no or little costs have arisen. If it can be proven that the cancellation may be ascribed to defective performance by airline direct, no consideration from airline direct shall accrue.
airline direct recommends that the booking party take out travel cancellation expenses insurance.
Unless mentioned otherwise in the individual tour descriptions or booking confirmations, the following terms and conditions shall apply:
Scheduled flights and flight offers
The terms and conditions of the relevant airline shall apply. We point out that in many cases change of booking or cancellation is a fee-based service or not even possible in some cases.
Hotel
The terms and conditions of the relevant provider, which are indicated in the booking process, shall apply.
Hired car
Special terms and conditions for hired car bookings shall apply. Please read the general terms and conditions of the relevant car rental agency.
Special and charter flights
The general terms and conditions of the relevant service provider / airline shall apply. All special and charter flights should be re-confirmed by the customer no later than 48 hours before the return flight at the relevant airline or the operator. If this re-confirmation is not done, no claim for carriage exists. The airlines’ terms and conditions of carriage are binding.
Payment
Flights and/or other tourism services must be paid for in full to the provided account immediately after receipt of the provisional confirmation, upon acceptance of your booking order by credit card / debit note from a bank account or by transfer, if you so choose.
airline direct reserves the right to cancel flights and all other tourism services which are not paid in due time and to charge any associated expenses to the customer. Only the payment methods mentioned on the website will be accepted. No obligation to issue tickets, confirmations, vouchers or any other travel documentation to you exists before receipt of the full payment. However, the booking party / participant / traveller does at any rate remain liable for the payment of agreed amounts for ordered tourism services.
airline direct reserves the right to pass on any reversal costs to you in case of payment by credit card or by debit note returns. The customer is at liberty to prove that no or little costs have arisen in this instance.
Travel documents
If no e-ticket (electronic, paperless ticket) is booked or if the issuing of an e-ticket is not possible, travel documents will be sent by mail. If payment is effected by transfer, travel documents will be dispatched after receipt of payment. For short-term bookings, travel documents are deposited at the airport or are dispatched by express courier service. The costs for dispatch and any possible deposit costs are borne by the customer. They are not refundable upon cancellation of the tour, unless the cancellation results from a fault by air direct and/or its vicarious agents. Lost tickets are replaced according to the valid guidelines of the airline. Fees valid at the relevant time will be charged for replacement tickets. The customer is at liberty to prove that no or lower costs have arisen in this instance.
Services and changes of services
The scope of contractual services shall be as provided in the description of services in the offer or in information in the confirmation of the tour. The service providers expressly reserve the right to make necessary changes of airlines, flight schedules, and convert non-stop flights into flights with intermediate stops or transfer flights.
Changes of flight schedules
Unless expressly agreed otherwise, information about changes in flight schedules and/or flight cancellations will exclusively be communicated via the e-mail address stated during booking. We advise that all flights must be re-confirmed at least 48 hours before the flight or return flight at the relevant airline. If this re-confirmation has not been done and if the failure to re-confirm is causal for any possible claim for damages, then air direct’s liability for such damage shall be precluded.
Insurance
Travel cancellation expenses insurance is not included in the prices. We recommend taking out a travel cancellation expenses insurance, which we will gladly arrange for you.
Visa, passport, customs etc.
In principle, every participant is personally responsible for the required preconditions for carrying out the tour applicable to him being complied with, and that all statutory conditions, especially regarding German and foreign entry and exit requirements, health requirements, passport and visa requirements are observed. The same applies to the acquisition of required travel documents. We will conscientiously provide information on these aspects within the scope of our legal obligation; however, we cannot accept any liability for this information. We expressly advise that the conditions may be changed by the authorities at any time. The participant is therefore advised to obtain information at the relevant offices himself. Regarding remarks on our website (homepage / customer services column) on passport, visa, currency or health regulations of your travel destination, it is assumed that you are a German citizen. If this is not the case, please contact the relevant embassy or consulate regarding this information.
Liability limitations
The performance of services incumbent on the relevant service provider is not subject matter of the contractual relationship with airline direct. The relevant organiser or service provider is exclusively liable for these. Therefore, no liability by airline direct exists for the performance of services by the relevant service providers. airline direct is, however, liable to the participant for the proper procurement within the framework of due diligence duties of a prudent businessman.
Regarding information about individual tours, we are dependent on the information provided to us by the organisers. airline direct is not in a position to verify all of this information for correctness. Therefore, airline direct cannot furnish any guarantees or assurances to you regarding the correctness, completeness or topicality of this information. The same applies to other information contained on this website, being provided by third parties.
airline direct shall adequately endeavour to ensure that the information and other data available on the website, especially regarding prices, limitations and dates, is current, complete and correct at the time of publishing. If, however, a booking with incorrect data (price, dates, flight class, etc.) is effected due to a technical error, airline direct herewith expressly reserves the right to rescind such procurement agreement within the scope of the relevant legal regulations.
airline direct is likewise neither liable for the availability of the tour at the time of booking nor for the performance of the booked tour.
Any liability of airline direct is limited to intent and gross negligence, unless material contractual obligations are breached.
For slight negligence, airline direct is only liable for typical and foreseeable damages.
In case of slight negligence, of airline direct’s liability is limited in each individual case to the maximum amount of the booked services, from which the claim results.
All claims for damages are subject to a limitation period of 12 months after the time of their coming into existence. This does not apply to claims resulting from an unlawful act.
The aforementioned liability limitations do not apply to claims arising from the German Product Liability Act [Produkthaftungsgesetz] or other guarantee liabilities. The same applies to loss of life for which airline direct is at fault or to injury to life, limb or health, for which airline direct is responsible.
In so far as of airline direct’s liability is precluded, this exclusion of liability shall also apply to airline direct’s employees, legal representatives and vicarious agents.
Force Majeure
Force majeure, which completely or partially impairs the discharge of duties of airline direct, shall release airline direct from the discharge of its duties until such force majeure no longer exists.
Abusive utilization
Every booking party bears the risk of the unauthorized utilisation of the password. airline direct can merely point out that the password and the user name should always be treated as confidential.
Data protection
The booking order will be processed subject to the valid relevant data protection regulations. airline direct undertakes only to use the data collected, processed and saved during login and the use of airline direct services by the relevant user for purposes of processing of contracts arising from the collaboration with airline direct, and only pass this on to third parties within the scope of statutory provisions or regulations. Participant data collected during login may be forwarded to the relevant service providers in so far as this is necessary for the processing of concluded agreements.
Credit information
In booking orders with a request for payment on the invoice or debit note, airline direct shall obtain credit information from credit agencies after booking and before accepting the procurement agreement. For this, your data will be forwarded to the following company after sending the booking order:
CEG Creditreform Consumer GmbH, Hellersbergstraße 14, 41460 Neuss; www.ceg-plus.de. The data shall be passed on in consideration of and in compliance with the statutory regulations as provided by section 28 of the German Federal Data Protection Regulations [BDSG].
Furthermore, in case of non-payment, airline direct shall obtain further credit information from credit agencies. For this, your data will be forwarded to the following company in case of loan losses:
SCHUFA Holding AG
Kormoranweg 5
65201 Wiesbaden
The data shall be passed on in consideration of and in compliance with the statutory regulations as provided by section 28 of the German Federal Data Protection Regulations [BDSG].
Links to other websites
This website contains further hyperlinks, leading to websites of outside providers. airline direct does not have any influence on their layout and contents and therefore does not accept any guarantee for the correctness, topicality, completeness and quality of information presented there. airline direct also distances itself expressly from all contents of these external websites. Please address all concerns you might have in connection with any such website to the relevant operator of the relevant website.
Changes of the General Terms and Conditions
airline direct reserves the right to change or revise the General Terms and Conditions regarding utilisation of this website at any time, with future effect, without any obligation to inform users existing in this regard. The respective current version of the General Terms and Conditions will be available on the website.
General
If any one of the aforementioned conditions proves to be invalid or unenforceable, this shall not affect the validity of the remaining conditions.
airline direct herewith expressly advises that the procurement of tourism services according to section 312 b (3) No. 6 of the German Civil Code [BGB] is not subject to the provisions of the Distance Selling Act [Fernabsatzgesetz]. This specifically applies to the sale of air tickets. This means that the customer is not entitled to the right of withdrawal or right of return against airline direct in this regard.
German law shall apply exclusively to any disputes arising from or connection with this agreement. If the person logging in or the traveller is a general merchant, he may only sue the airline direct at the head office of airline direct.
Registered office of airline direct:
Travel Viva AG
Luitpoldstraße 9
63739 Aschaffenburg
Last revised 12 January 2011