Premiumwings Standard Terms of Business

Managing Director with Power of Representation: Moritz Schwenkow
Court of Registration: Amtsgericht Charlottenburg, Berlin
Register Number: Commercial Register B HRB 96956 B
Taxpayer's Reference Number: 27/425/07820

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Standard Terms of Business (Tourism Service Provider) for the Mediation of Flights, Package Tours and Other Travel Services | as on: 9th May 2011

1. Field of Application
These standard terms of business apply to all contracts concluded by the travel agency and the customer and to all declarations of intent and legal transactions or similar activities of the customer. Terms of business of the customer deviating from these terms are not applicable.

2. Definitions
2.1 The term "travel service" in the sense of these terms of business refers to flights, package tours, accommodation, provision of a hired car and similar performance.
2.2 The term "organizer" refers to all types of tour operators, airlines and other providers who offer travel services.
2.3 The term "travel agency" is the business referred to under point 3 with which the brokerage contract is concluded or is to be concluded.

3. Contract Partner
In filling out and sending off the booking form you commission the company Premiumwings GmbH
Owners: Moritz Schwenkow | Dion Schiedhelm
Tauentzienstrasse 16 | D-10789 Berlin
Taxpayer's Reference Number: 27/425/07820
with the mediation of a contract on a travel service.

4. Subject Matter of the Contract
4.1 The subject matter of the brokerage contract is the mediation of a conclusion of contract by the customer and the respective organizer as to the travel service provided by the travel agency, as indicated in the booking.
4.2 The travel agency does not organize the travel services itself. In the event of a booking a contract as to the travel service is directly concluded by the customer and the respective organizer. This contract is based on the respective organizer's standard terms of business. For individual travel services special regulations and limitations can apply.
4.3 The processing of the contract on the travel service is undertaken solely by the customer and the respective organizer. Shortcomings in the travel service are to be enforced vis-à-vis the organizer.

5. Conclusion of Contract
5.1 Sending off the filled-out booking form alone does not give rise to a contract. This is solely a booking enquiry. The customer first submits an offer to the travel agency for conclusion of the brokerage contract by sending a booking order per e-mail or by ordering verbally. The travel agency accepts the offer by confirming the booking. The confirmation is given by telephone, in writing or per e-mail. With the receipt of the confirmation of booking by the customer the brokerage contract comes into force. With the confirmation of booking the travel agency confirms only the proper and orderly forwarding of the booking to the respective organizer. The confirmation of the booking does not mean that a contract on the booked travel service has already come into force with the organizer.
5.2 The debiting of the customer's credit card or of the customer's bank account (by direct-debit procedure) or the sending of an invoice to the customer by the travel agency or by the organizer is also regarded as a declaration of acceptance. The simple confirmation of receipt of a booking by the travel agency does not yet constitute a declaration of acceptance.
5.3 The conclusion of the contract by the customer and the organizer as to the booked travel service is determined in keeping with the organizer's standard terms of business. If the booked travel service is a package tour, the travel contract normally first comes into force with the receipt of written travel confirmation from the organizer.

6. Offers Made in a Foreign Language
If the customer books travel services for which the performance is described wholly or partly in English, or in which reference is made to special conditions that are in English, the customer recognizes the English language as a contract language equally ranked with the German language, both for the brokerage contract and for the contract to be concluded with the organizer.

7. Travel Price, Payment
7.1 The ticket prices given for scheduled flights normally apply only in cases of online flight booking and in the event of payment and issuing of the tickets within 24 to 72 hours (depending on the airline). The standard terms of business of the respective airline are always determinative here. If, at the request of the customer, these limitations are deviated from, the booking of the desired flight can only be made at the regular tariff.
7.2 The price of the booked travel service must in each case be paid in advance and is due, unless otherwise specified, upon receipt of the confirmation of booking.
7.3 If the booked travel service is a package tour, payment is not due before provision of a security certificate of the organizer in the sense of section § 651 k of BGB [German Civil Code]. The exact terms of payment for the booked package tour are given in each case by the details provided in the context of the offer or in the organizer's standard terms of business. As a rule payment can be made by bank debit advice, credit card or bank transfer.
7.4 The travel agency is commissioned and authorized, on behalf of the organizer, to collect the due price for the travel service and in this connection to take receipt of sums in cash or to book the due sum from the customer's credit card or bank account by direct-debit procedure, depending on the method of payment chosen by the customer.

8. Brokerage Fee
If a fee for the brokerage service is charged, this is already included in the price of the mediated travel service. No separate charges are to be made.

9. Changes in Prices and in Services
As regards possible changes in the prices of the booked travel service and changes in the booked services, reference is made here to the organizer's standard terms of business. If the booked travel service has to do with a scheduled flight, the respective transportation and tariff specifications of the airline (air-freight operator) issuing the ticket, which can be seen in their offices, are to apply additionally, as are the internationally valid provisions of the agreement on standardization of transportation regulations in international air traffic (Warsaw Convention).

10. Confirmation of Booking, Travel Documents
10.1 The customer is obliged to immediately examine any confirmation of booking or tickets or other travel documents received in order to determine their correctness, particularly as to agreement of the indicated travel dates with those of the booking(s) made. If the customer notices any disagreement or anything that is incorrect, he or she is to notify the sender (organizer or travel agency) of this immediately.
10.2 Flight tickets are usually sent to the customer after payment or directly by post. In exceptional cases, and if necessary at an additional charge, tickets can be sent to the airline or to an appointee where they can be collected by the customer, or they can be sent by courier service subject to a charge. Electronic tickets are issued at the corresponding vending machines in the airport building.
10.3 If the booked travel service is a package tour, the travel documents are either sent by post or can be collected by the customer at the airport desk, a separate charge being made for this service, if necessary. The customer is separately notified of the means of transfer available.
10.4 In cases of dispatch the risk of loss of tickets or other travel documents passes to the customer as soon as the travel agency hands these documents over to the appointed transport business.
10.5 In the event of the booking of hotel accommodation or of a hired car the customer can take up the mediated travel service in each case upon submission of the issued reservation number contained in the confirmation of booking or in a separate confirmation of reservation. Further documents will not be sent to the customer.

11. Cancellations, Rebookings
11.1 On cancellation of the mediated travel service the terms of cancellation of the respective organizer invariably apply. The cancellation fees are also determined in keeping with these terms. In the event of cancellation of a scheduled flight the travel agency can charge remuneration for expenses to the value of EUR 40 per ticket in addition to any cancellation fee of the airline. To avoid considerable financial losses a travel-cancellation-costs insurance is recommended.
11.2 In the case of scheduled-flight bookings reimbursements are first made after the original tickets have been received by the travel agency and credit has been issued by the organizer. Due to the different calculation cycles deployed for scheduled-flight traffic (IATA/BSP) reimbursements for scheduled flights cancelled can take one to two months, and in individual cases even up to four months.
11.3 The rebooking of a travel service is only possible by cancellation of the booked travel service and simultaneous booking of another travel service, unless the contract concluded by the customer and the organizer contains special regulations in this connection. In the event of rebooking of a scheduled flight the travel agency can charge remuneration for expenses to the value of EUR 40 per ticket in addition to any charge made by the airline.

12. Entry Regulations and Other Information
12.1 Details and information provided by the travel agency on the valid entry regulations applicable to the countries to be visited, particularly those relating to passport and visa requirements, presuppose that the customer is of German nationality. This does not apply if the customer has explicitly drawn attention to his or her foreign nationality, or if this is obvious to the travel agency.
12.2 Prior to booking and embarking on a foreign trip, the customer is obliged to obtain all documents required for entry to the country of destination and, where necessary, also for passing through a third country, and to observe the respective customs and currency regulations and the health-policy formalities, as well as any health-precautionary measures recommended.

13. Liability
The travel agency is liable for damage suffered by the customer that was caused deliberately or by gross negligence, that arose from culpable violation of significant contractual obligations, was the result of loss of health or of life or limb, or for which liability is foreseen in keeping with the product liability act in terms of the statutory regulations. Otherwise no liability is accepted – regardless of the legal argument.

14. Prohibition on Offsetting
The customer is not entitled to offset, unless the counterclaims have been lawfully established or are not contested by the travel agency.

15. Data Protection
The travel agency collects certain person-specific customer data and, where required, also the data of other travellers. This data is needed for the processing of the brokerage contract and for the facilitation and processing of the contract to be concluded on the travel service booked by the customer and processed and used solely for these purposes. The data collected is passed on solely to the respective organizer of the booked travel service.

16. Final Provisions
16.1 The contract is subject solely to the law of the Federal Republic of Germany.
16.2 If the customer is a businessman, a public corporate body or constitutes public special assets, the sole place of jurisdiction for all disputes arising from or in connection with the brokerage contract is the place of registration of the travel agency given under point 3.