General terms and conditions of business

Package tours from Voyage en Vogue e.Kfr.

The following provisions, if effectively agreed upon, will form part of the package travel contract concluded between you (hereinafter referred to as the "customer") and Voyage en Vogue e.Kfr. (hereinafter referred to as "Voyage en Vogue"). They supplement and complete the statutory provisions of Sections 651a-y of the German Civil Code (BGB) and Articles 250 and 252 of the Introductory Act to the German Civil Code (EGBGB).

1. Conclusion of the travel contract

1.1 By registering for the trip, the customer makes a binding offer to Voyage en Vogue to conclude a travel contract.

1.2 Registration can be made in writing, verbally, electronically, or by telephone and is considered a booking by the customer. The contract is concluded upon acceptance by Voyage en Vogue. Acceptance does not require any specific form. Acceptance takes the form of a written travel confirmation or invoice.

1.3 The customer shall be liable for all contractual obligations of fellow travelers for whom he makes the booking, as if they were his own, provided that he has accepted this obligation by express and separate declaration.

1.4 If the content of Voyage en Vogue's travel confirmation differs from the content of the booking, this constitutes a new offer from Voyage en Vogue, to which Voyage en Vogue is bound for a period of 10 days. The contract is concluded on the basis of this new offer, provided that Voyage en Vogue has informed the customer of the change regarding the new offer and fulfilled its pre-contractual information obligations, and the customer declares acceptance to Voyage en Vogue within the binding period by means of an express declaration or deposit.

1.5 The pre-contractual information provided by Voyage en Vogue regarding essential characteristics of the travel services, the travel price and all additional costs, the payment terms, the minimum number of participants and the cancellation fees (pursuant to Article 250 § 3 numbers 1, 3 to 5 and 7 EGBGB) shall only not become part of the package travel contract if this has been expressly agreed between the parties.

1.6 Voyage en Vogue points out that, according to the statutory provisions (§§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB), there is no right of withdrawal for package travel contracts pursuant to § 651a and § 651c BGB concluded via distance selling (letters, catalogs, telephone calls, telecopies, emails, messages sent via mobile phone service (SMS), as well as broadcasting, telemedia, and online services). Instead, there are only the statutory rights of withdrawal and termination, in particular the right of withdrawal pursuant to § 651h BGB (see also section 5). However, a right of withdrawal exists if the contract for travel services was concluded outside of business premises pursuant to § 651a BGB, unless the oral negotiations on which the contract is based were conducted at the consumer's prior request; in the latter case, there is also no right of withdrawal. The above notice also applies if contracts for accommodation services (e.g. hotel rooms) or flight services are concluded with Voyage en Vogue, where Voyage en Vogue is not an agent but the direct contractual partner of the customer.

2. Travel price and payment

2.1 Voyage en Vogue and travel agents may only request or accept payments towards the travel price before the end of the package tour if a valid customer money protection contract exists and the customer has been provided with a security certificate containing the name and contact details of the customer money insurer in a clear, understandable, and prominent manner. Upon conclusion of the contract, a deposit in the amount stated in the offer and the travel confirmation is due upon receipt of the security certificate. The remaining payment is due 30 days before the start of the trip, provided the security certificate has been submitted.

2.2 If the customer does not make the down payment and/or the final payment in accordance with the agreed payment deadlines, even though Voyage en Vogue is willing and able to properly provide the contractual services and the customer has no statutory or contractual right of retention, Voyage en Vogue is entitled, after issuing a reminder with a deadline, to withdraw from the travel contract and to charge the customer with cancellation costs in accordance with Section 8.

2.3 Cancellation fees, processing and rebooking fees as well as insurance premiums are due immediately upon receipt of the invoice by Voyage en Vogue.

2.4 The travel documents will be sent to the customer within 14 days of receipt of the final payment by Voyage en Vogue.

2.5 If the booking is made less than 30 days before the start of the trip, the entire travel price is due immediately upon receipt of the written travel confirmation.

2.6 Payment is possible by bank transfer and credit card. Voyage en Vogue charges 2.5% of the tour price for credit card payments (excluding flights).

3. Changes to the contract contents before the start of the trip that do not affect the travel price

3.1. Deviations in essential characteristics of travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and were not caused by Voyage en Vogue in bad faith, are permitted by Voyage en Vogue prior to the start of the trip, provided the deviations are insignificant and do not affect the overall structure of the trip. Voyage en Vogue is obligated to inform the customer of changes to services immediately after becoming aware of the reason for the change, in a clear, understandable, and prominent manner, using a durable medium (e.g., by email, SMS, or voice message).

3.2. In the event of a significant change to an essential feature of a travel service or a deviation from the customer's specific requirements that have become part of the package travel contract, the customer is entitled, within a reasonable period set by Voyage en Vogue at the same time as notification of the change, to either accept the change or withdraw from the package travel contract free of charge. If the customer does not expressly notify Voyage en Vogue of their withdrawal from the package travel contract within the period set by Voyage en Vogue, the change shall be deemed accepted. Any warranty claims remain unaffected if the changed services are defective. If Voyage en Vogue incurred lower costs for the implementation of the changed trip or a possible replacement trip of equivalent quality at the same price, the customer shall be reimbursed the difference in accordance with Section 651m Paragraph 2 of the German Civil Code (BGB).

4. Price increase; price reduction

4.1 Voyage en Vogue reserves the right, in accordance with Sections 651f and 651g of the German Civil Code (BGB) and the following provisions, to increase the travel price agreed in the package travel contract, insofar as

a. an increase in the price of passenger transport due to higher costs for fuel or other energy sources,

b. an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport fees, or

c. a change in the exchange rates applicable to the package tour in question has a direct impact on the travel price. An increase in the travel price is only permissible if Voyage en Vogue informs the customer in writing, clearly and comprehensibly, of the price increase and its reasons, and provides details of how the price increase was calculated.

4.2 The price increase is calculated as follows:

- If the price for passenger transport increases according to section 4.1 a., Voyage en Vogue may increase the travel price according to the following calculation: If the increase relates to a seat, Voyage en Vogue may charge the customer the increased amount. Otherwise, the additional transport costs charged by the transport company per means of transport will be divided by the number of seats in the agreed means of transport. Voyage en Vogue may charge the customer the resulting increase for the individual seat.

- In the event of an increase in taxes and other charges as per section 4.1 b., the travel price may be increased by the corresponding, pro rata amount.

- In the event of an increase in exchange rates as per clause 4.1 c., the travel price may be increased to the extent that the trip has become more expensive for Voyage en Vogue.

4.3 Voyage en Vogue is obligated to grant the customer a reduction in the travel price upon request if and to the extent that the prices, taxes, or exchange rates specified in Section 4.1.a.-c. have changed after the conclusion of the contract and before the start of the trip, resulting in lower costs for Voyage en Vogue. If the customer has paid more than the amount owed, Voyage en Vogue shall reimburse the excess amount. However, Voyage en Vogue may deduct the administrative expenses actually incurred by Voyage en Vogue from the excess amount to be reimbursed. Voyage en Vogue must provide the customer with evidence of the amount of administrative expenses incurred upon request.

4.4 Price increases are only permitted up to 20 days before the start of the trip and must be communicated to the customer.

4.5 In the event of price increases of more than 8%, the customer is entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period set by Voyage en Vogue at the same time as the notification of the price increase. If the customer does not expressly notify Voyage en Vogue of their withdrawal from the package travel contract within the period set by Voyage en Vogue, the change shall be deemed accepted.

5. If the customer does not use individual travel services due to an early return or for other reasons attributable to the customer, they are not entitled to a pro rata refund of the travel price. Voyage en Vogue will endeavor to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the services are entirely insignificant or if a refund cannot be made. Voyage en Vogue is entitled to deduct a processing fee of €75 from the amount to be refunded and retain this as compensation for the additional work involved. Section 6.5 applies accordingly.

6. Cancellation by the customer (cancellation costs) and replacement traveler

6.1 The customer may withdraw from the trip at any time before the start of the trip. The date of receipt of the cancellation notice by Voyage en Vogue is decisive. The customer is advised to declare the cancellation in writing.

6.2 If the customer withdraws before the start of the trip or does not begin the trip, Voyage en Vogue loses its right to the travel price. Instead, Voyage en Vogue may demand appropriate compensation if the cancellation is not Voyage en Vogue's responsibility or if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity that significantly impair the implementation of the package tour or the transport of persons to the destination. Circumstances are unavoidable and extraordinary if they are beyond Voyage en Vogue's control and their consequences could not have been avoided even if all reasonable precautions had been taken.

6.3 Voyage en Vogue has determined the following compensation amounts, taking into account the period between the cancellation notice and the start of the trip, as well as the expected savings and expected income from alternative uses of the travel services. Unless otherwise agreed in the individual contract, the compensation will be calculated based on the date of receipt of the cancellation notice, using the applicable cancellation scale as follows:

- up to 30 days before the start of the trip 20% of the travel price,

- from the 29th day to the 23rd day before the start of the trip 30% of the trip price,

- from the 22nd day to the 16th day before the start of the trip 35% of the trip price,

- from the 15th day to the 8th day before the start of the trip 50% of the trip price,

- from the 7th day to the 4th day before the start of the trip 75% of the trip price,

- from the 3rd day to the 1st day before the start of the trip 90% of the trip price

- on the day of departure or in case of non-arrival, 95% of the travel price.

The following exceptions apply to these flat rates

a) Round trips

- up to 30 days before the start of the trip 20% of the travel price,

- from the 29th day to the 1st day before the start of the trip 90% of the trip price,

- on the day of departure or in case of non-arrival, 95% of the travel price.

b) Ship trips/cruises/special programs

- up to 30 days before the start of the trip 20% of the travel price

- from the 29th day to the 23rd day before the start of the trip 40% of the trip price,

- from the 22nd day to the 16th day before the start of the trip 50% of the trip price,

- from the 15th day to the 8th day before the start of the trip 60% of the trip price,

- from the 7th day to the 4th day before departure 80% of the travel price,

- from the 3rd day before the start of the trip or in case of non-arrival, 95% of the travel price.

6.4 The date of receipt of the notice of withdrawal shall be deemed to be the date of calculation.

6.5 The customer remains free to prove to Voyage en Vogue that Voyage en Vogue has suffered no damage or that the damage is significantly less than the flat rate claimed.

6.6 Voyage en Vogue reserves the right to demand higher, specific compensation in lieu of the above-mentioned flat rates if Voyage en Vogue can prove that Voyage en Vogue has incurred significantly higher expenses than the applicable flat rate. In this case, Voyage en Vogue is obligated to specifically quantify and substantiate the compensation requested, taking into account the saved expenses and any alternative use of the travel services.

6.7 If Voyage en Vogue is obliged to refund the travel price as a result of a cancellation, Voyage en Vogue must do so immediately, but in any event within 14 days of receipt of the cancellation notice.

6.8 The customer's statutory right, pursuant to Section 651e of the German Civil Code (BGB), to request from Voyage en Vogue, by notification on a durable medium, that a third party assume the rights and obligations arising from the package travel contract in their place, remains unaffected by the above conditions. Such a declaration is considered timely in any case if it is received by Voyage en Vogue no later than 7 days before the start of the trip.

6.9 Travel insurance, baggage insurance, travel accident insurance, and travel health insurance are not included in the Voyage en Vogue offer and are strongly recommended. Further information on repatriation insurance benefits, including coverage of repatriation costs in the event of accident or illness, can be obtained from insurance companies and insurance brokers.

7. Rebookings

7.1 The customer has no right to make changes to the travel date, travel destination, place of departure, accommodation, type of catering, mode of transport, or other services (rebooking) after conclusion of the contract. This does not apply if the rebooking is necessary because Voyage en Vogue has provided the customer with no, insufficient, or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; in this case, the rebooking is possible free of charge. If, in other cases, a rebooking is nevertheless made at the customer's request, Voyage en Vogue may charge the customer a rebooking fee for each traveler affected by the rebooking. Unless otherwise agreed in individual cases before the rebooking is confirmed, the rebooking fee is €75 per affected traveler up to 30 days before the start of the trip. Section 6.5 applies accordingly.

7.2 Rebooking requests made by the customer later than 30 days before departure, if at all possible, can only be implemented after withdrawal from the package travel contract in accordance with Section 6, subject to the terms and conditions, and simultaneous re-registration. This does not apply to rebooking requests that incur only minor costs.

8. Termination for behavioral reasons

8.1 Voyage en Vogue may terminate the package travel contract without notice if the customer persistently disrupts the travel arrangements despite a warning from Voyage en Vogue, or if the customer's behavior is so contrary to the contract that immediate termination of the contract is justified. This does not apply if the breach of contract is caused by a breach of Voyage en Vogue's information obligations.

8.2 If Voyage en Vogue terminates the contract, Voyage en Vogue shall retain the right to the travel price; however, Voyage en Vogue shall be entitled to the value of the expenses saved and any benefits that Voyage en Vogue may obtain from alternative use of the unused service, including any amounts credited by the service providers.

9. Liability claims / obligations of the customer

9.1 Travel documents

The customer must inform Voyage en Vogue or the travel agent through whom he booked the package tour if he does not receive the necessary travel documents (e.g. flight ticket, hotel voucher) within the deadline communicated by Voyage en Vogue.

9.2 Notification of defects / request for redress

If the trip is not provided free of travel defects, the customer may request redress.

- If Voyage en Vogue was unable to remedy the situation due to a culpable failure to notify the defect, the customer may neither assert claims for reduction in price under Section 651m of the German Civil Code (BGB) nor claims for damages under Section 651n of the German Civil Code (BGB).

- The customer is obligated to immediately notify the local Voyage en Vogue representative of any defects. If a Voyage en Vogue representative is not available on site and is not contractually required, any travel defects must be reported to Voyage en Vogue at the contact point provided by Voyage en Vogue. The contact details of the Voyage en Vogue representative at their local contact point will be provided in the travel confirmation. However, the customer may also notify the travel agent through whom they booked the package tour of the defect.

- The Voyage en Vogue representative is authorized to provide redress, if possible. However, he or she is not authorized to accept any claims.

9.3 Setting a deadline before termination

If the customer wishes to terminate the package travel contract due to a travel defect of the type described in Section 651i Paragraph (2) of the German Civil Code (BGB), provided that the defect is significant, in accordance with Section 651l of the German Civil Code (BGB), the customer must first set Voyage en Vogue a reasonable deadline for remedying the defect. This shall not apply unless Voyage en Vogue refuses to remedy the defect or if immediate remedy is necessary.

9.4 Damage to and delays to baggage during air travel; special rules and deadlines for claiming redress

The customer is advised that, in accordance with aviation regulations, any loss, damage, or delay of baggage in connection with air travel must be reported immediately on-site by the customer using a damage report ("PIR") to the responsible airline. Airlines and Voyage en Vogue may refuse reimbursement based on international agreements if the damage report is not completed. The damage report must be submitted within 7 days of delivery in the case of damaged baggage, and within 21 days in the case of delay. In addition, any loss, damage, or misrouting of baggage must be reported immediately to Voyage en Vogue, its representative or contact point, or the travel agent. This does not release the customer from submitting the damage report to the airline within the aforementioned deadlines.

10. Limitation of Liability

10.1 Voyage en Vogue's contractual liability for damages not resulting from injury to life, body, or health and not caused negligently is limited to three times the tour price. Any claims under the Montreal Convention or the Air Traffic Act remain unaffected by this limitation of liability.

10.2 Voyage en Vogue is not liable for service disruptions, personal injury, or property damage in connection with services that are merely arranged as third-party services (e.g., arranged excursions) if these services are expressly identified as third-party services in the travel description and travel confirmation, stating the identity and address of the arranged contractual partner, in such a way that it is clear to the customer that they are not part of the Voyage en Vogue package tour and were selected separately. Sections 651b, 651c, 651w, and 651y of the German Civil Code (BGB) remain unaffected.

10.3 However, Voyage en Vogue shall be liable if and to the extent that damage to the customer is caused by a breach of Voyage en Vogue’s duty to provide information, clarification or organisation.

11. Assertion of claims

Addressee: The customer must assert claims pursuant to Section 651i Paragraph (3) Nos. 2, 4-7 of the German Civil Code (BGB) against Voyage en Vogue. The assertion can also be made through the travel agent if the package tour was booked through this travel agent. Claims must be submitted in writing.

12. Information obligations regarding the identity of the operating air carrier

12.1 Voyage en Vogue will inform the customer at the time of booking, in accordance with the EU Regulation on informing passengers about the identity of the operating air carrier, before or at the latest at the time of booking, about the identity of the operating airline(s) for all air transport services to be provided as part of the booked trip.

12.2 If the operating airline(s) is/are not yet known at the time of booking, Voyage en Vogue is obligated to inform the customer of the airline(s) likely to operate the flight. As soon as Voyage en Vogue knows which airline will operate the flight, Voyage en Vogue will inform the customer.

12.3 If the airline named to the customer as the operating airline changes, Voyage en Vogue will inform the customer of the change immediately and as quickly as reasonably practicable.

12.4 The "Black List" (airlines prohibited from using the airspace over Member States) drawn up in accordance with the EC Regulation is available on the Voyage en Vogue website or directly at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm.

13. Passport, visa, customs, foreign exchange, health regulations

13.1 The customer is generally responsible for compliance with passport, visa, customs, foreign exchange, and health regulations. 13.2 Voyage en Vogue will inform the customer about general passport and visa requirements as well as health formalities of the destination country, including the approximate deadlines for obtaining any necessary visas, before the contract is concluded, as well as about any changes to these regulations before the start of the trip.

13.3 The customer is responsible for obtaining and carrying the travel documents required by the authorities, any necessary vaccinations, and complying with customs and foreign exchange regulations. Any disadvantages resulting from non-compliance with these regulations, such as the payment of cancellation fees, are the customer's responsibility. This does not apply if Voyage en Vogue has not provided information, provided insufficient information, or provided incorrect information.

13.4 Voyage en Vogue is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic mission if the customer has commissioned Voyage en Vogue to obtain them, unless Voyage en Vogue has culpably breached its own obligations. Please ensure that your passport, which you will need for the trip, is valid, if possible, for six months beyond your planned return date.

13.5 The customer should inform themselves promptly about infection and vaccination protection, as well as other preventative measures; if necessary, medical advice regarding thrombosis and other health risks should be sought. Reference is made to general information, particularly from health authorities, tropical medicine specialists, travel medicine information services, or the Federal Center for Health Education. The information material provided by Voyage en Vogue in this regard makes no claim to constant currency or completeness, although Voyage en Vogue endeavors to keep its documents up to date.

II. Brokerage of individual travel services or brokerage of associated travel services by Voyage en Vogue

When arranging individual travel services within the meaning of Section 651a, Paragraph 3, Sentence 1 of the German Civil Code (BGB), there is no legal requirement to inform the customer using a form. When arranging linked travel services within the meaning of Section 651w of the German Civil Code (BGB), the form for arranging linked travel services must be provided. This form informs the customer that booking an additional travel service with Voyage en Vogue does not constitute a package tour, but that linked travel services arise upon conclusion of the second contract.

1. Conclusion of contract, statutory provisions

1.1 Upon Voyage en Vogue's acceptance of the customer's travel agency order, a contract for the brokerage of travel services is concluded between the customer and Voyage en Vogue. The order and acceptance do not require any specific form.

1.2 If the order is placed electronically (email, internet), Voyage en Vogue will immediately confirm receipt of the order electronically. This confirmation of receipt does not constitute confirmation of acceptance of the brokerage order.

1.3 The mutual rights and obligations of the customer and Voyage en Vogue arise, unless mandatory statutory provisions conflict with this, from the contractual agreements made in the individual case, these terms and conditions and the statutory provisions, in particular Sections 651a et seq. of the German Civil Code (BGB) in conjunction with Art. 250 et seq. of the Introductory Act to the German Civil Code (EGBGB) and Sections 675 and 631 et seq. of the German Civil Code (BGB) on the provision of services for a fee.

1.4 The rights and obligations of the customer towards the contractual partner of the arranged service are governed exclusively by the agreements concluded with that partner, in particular – where effectively agreed – its travel or business terms and conditions. Unless otherwise agreed or specifically stated, the terms and conditions of carriage and tariff regulations issued by the responsible transport authority on a statutory basis or pursuant to international agreements shall apply to transport services.

2. General contractual obligations of Voyage en Vogue, information, notices

2.1 Based on these Terms and Conditions, the customer will receive the best possible advice. Upon request, Voyage en Vogue will then submit the booking request to the service provider. The obligation to provide services includes, after confirmation by the service provider, the delivery of the documentation relating to the arranged travel service(s). This does not apply if it has been agreed that the service provider will send the documentation directly to the customer.

2.2 When providing advice and information, Voyage en Vogue is liable, within the framework of the law and contractual agreements, for the correct selection of the information source and its correct transmission to the customer. An information contract with a primary contractual obligation to provide information is only concluded if there is an express agreement to that effect. Pursuant to Section 675 (2) of the German Civil Code (BGB), Voyage en Vogue is not liable for the accuracy of the information provided, unless a specific information contract has been concluded.

2.3 Unless expressly agreed, Voyage en Vogue is not obligated to identify and/or offer the cheapest provider of the requested travel service. Voyage en Vogue's contractual obligations under its "best price guarantees" remain unaffected.

2.4 Without an express agreement, Voyage en Vogue does not provide any guarantee within the meaning of Section 276 Paragraph 1 Sentence 1 of the German Civil Code (BGB) with regard to information on prices, services, booking conditions and other circumstances of the travel service, and does not provide any procurement guarantee within the meaning of this provision with regard to information on the availability of the services to be arranged by the agent.

2.5 Voyage en Vogue accepts special requests only for forwarding to the service provider to be arranged. Unless expressly agreed otherwise, Voyage en Vogue is not responsible for fulfilling such special requests. They are also not a condition or contractual basis for the arrangement contract or for the customer's booking confirmation to be transmitted by the agent to the service provider. The customer is advised that special requests generally only become part of the service provider's contractual obligations upon express confirmation by the service provider.

3. Documents about the travel services arranged

3.1 Both the customer and Voyage en Vogue are obliged to check the accuracy and completeness of the contract and other documents of the service provider relating to the travel services that were handed over to the customer by Voyage en Vogue, in particular booking confirmations, hotel vouchers, insurance certificates and other documents relating to the travel services, and in particular to check that they comply with the booking and the booking order. 3.2 If documents relating to the travel services are not sent directly to the customer by the service provider, they will be handed over by post or electronically, at Voyage en Vogue's discretion.

4. Customer’s duty to cooperate with Voyage en Vogue

4.1 The customer must immediately notify Voyage en Vogue of any errors or deficiencies in Voyage en Vogue's brokerage activities that they become aware of. This includes, in particular, incorrect or incomplete information regarding personal customer data, other information, information, and documents regarding the brokered travel services, as well as the incomplete execution of brokerage services (e.g., bookings or reservations not made). If the customer fails to notify Voyage en Vogue in accordance with Section 4.1, the following applies: If the customer fails to notify Voyage en Vogue through no fault of their own, their claims will not be forfeited. Customer claims against Voyage en Vogue will be forfeited to the extent that Voyage en Vogue proves that the customer would not have incurred damages, or would not have incurred the amount claimed, had proper notification been made. This applies in particular if Voyage en Vogue proves that immediate notification by the customer would have enabled Voyage en Vogue to rectify the defect or reduce the damage, e.g. by rebooking, additional booking or cancellation with the service provider. Claims of the customer in the event of failure to notify in accordance with section 4.1 shall not apply - in the case of damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty by Voyage en Vogue or a legal representative or vicarious agent of Voyage en Vogue - in the case of claims for compensation for other damages resulting from an intentional or grossly negligent breach of duty by Voyage en Vogue or a legal representative or vicarious agent of Voyage en Vogue - in the case of a breach of an essential duty, the fulfilment of which is essential for the proper execution of the brokerage contract or the breach of which jeopardises the achievement of the purpose of the contract. Liability for booking errors according to § Section 651x of the German Civil Code remains unaffected.

4.2 Any contractual and/or legal obligation of the customer to notify the service provider of defects remains unaffected by clause 4.

4.3 In his own interest, the customer is requested to inform Voyage en Vogue of any special needs or restrictions with regard to the requested travel services.

5. Reimbursement of expenses, remuneration, debt collection

5.1 Voyage en Vogue is entitled to demand payments in accordance with the service and payment terms of the service providers it has arranged, provided that these have been effectively agreed between the service provider and the customer and contain legally effective payment terms.

5.2 Voyage en Vogue may assert payment claims against the customer as the customer's authorized collection agent, insofar as this corresponds to the agreements between Voyage en Vogue and the service provider, but also under its own right on the basis of the customer's statutory obligation to pay in advance as the client in accordance with Section 669 of the German Civil Code (BGB).

5.3 The above provisions shall apply accordingly to cancellation costs (cancellation compensation) and other legally or contractually justified claims of the service provider.

5.4 The customer may not assert claims against Voyage en Vogue's own payment claims by way of retention or offsetting, arguing that the customer has claims against the brokered service provider, in particular due to inadequate fulfillment of the brokered contract. This shall not apply if a culpable breach of contractual obligations by Voyage en Vogue was the cause or contributory cause of such claims, or if Voyage en Vogue is liable to the customer for the asserted counterclaims for other reasons.

5.5 Voyage en Vogue may only accept payments from the customer for travel services of linked travel services if Voyage en Vogue has ensured that these will be reimbursed to the customer, insofar as travel services are to be provided by Voyage en Vogue itself or payment claims of mediated service providers are still to be met and in the event of insolvency of Voyage en Vogue

1. Travel services are cancelled or

2. the customer complies with unsatisfied payment requests from intermediary service providers with regard to travel services provided.

5.6 Voyage en Vogue provides this security when arranging linked travel services by taking out insolvency insurance in accordance with Section 651w Paragraph 3 of the German Civil Code (BGB), stating the name and contact details of the customer's money insurer in a clear, understandable and prominent manner and handing over a corresponding security certificate for all payments made by the customer to Voyage en Vogue for linked travel services, unless the customer pays directly to the brokered service provider of the linked travel service.

6. Obligations of Voyage en Vogue in the event of customer complaints against the service providers

6.1 Claims must be asserted against the service providers within certain deadlines, which may arise from law or contractual agreements. As a rule, these deadlines are not met by asserting claims against Voyage en Vogue. This also applies if the customer wishes to assert claims against both Voyage en Vogue and the service provider regarding the same travel service.

6.2 In the event of complaints or other claims against the mediated service providers, Voyage en Vogue's obligation is limited to providing the necessary and known information and documents, in particular the communication of the names and addresses of the mediated service providers.

6.3 If Voyage en Vogue undertakes – even without being obliged to do so – to forward the customer’s letter of claim within the deadline, Voyage en Vogue shall only be liable for the timely receipt by the recipient if the failure to meet the deadline was caused intentionally or through gross negligence by Voyage en Vogue itself.

6.4 With regard to any claims the customer may have against the service providers, Voyage en Vogue is under no obligation to advise on the nature, scope, amount, eligibility requirements and deadlines to be observed or other legal provisions.

7. Important information on travel insurance

7.1 Voyage en Vogue advises customers of the possibility of taking out travel cancellation insurance when booking to minimize the risk of costs in the event of cancellations by the customer.

7.2 The customer is further advised that travel cancellation insurance does not usually cover damages that may arise from the cancellation of travel services after they have begun, even if the customer is not at fault. Travel cancellation insurance must generally be purchased separately.

7.3 When arranging travel insurance, the customer is advised that the terms and conditions of the travel insurance policies brokered may contain special contractual conditions and/or customer cooperation obligations, in particular exclusions of liability (e.g., in the case of pre-existing medical conditions), deadlines for reporting claims, and deductibles. Voyage en Vogue shall not be liable unless Voyage en Vogue has provided false information regarding the insurance terms and conditions and the brokered travel insurer has a right to refuse payment to the customer based on effectively agreed insurance terms and conditions.

8. Position and obligations of the agent in connection with the brokerage of air transport services

8.1 In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, Voyage en Vogue is obligated to inform the passenger of the identity of the operating airline at the time of booking. If the operating airline is not yet known at the time of booking, Voyage en Vogue will provide the passenger with the information available from the intermediary company regarding the airline likely to operate the flight. In the event of a change of airline, the customer will be informed immediately of the change. The Community list of airlines banned from flying in the European Union is available at http://ec.europa.eu/transport/modes/air/safety/airban/index_de.htm and www.lba.de and can be provided to the customer upon request from Voyage en Vogue.

8.2 The contractual relationship between the customer and the airline shall be governed – as applicable – by the statutory provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions and, directly, as domestic statutory provisions, by Regulation (EC) No. 261/2004 on air passenger rights.

- Regulation (EC) No 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air passengers of the identity of the operating air carrier - Regulation (EC) No 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

8.3 The customer is strongly advised to inform himself about his rights as a passenger, e.g. through the notices in the airports, through the information provided by the operating air carrier or through the information sheets of the Federal Aviation Office at www.lba.de.

9. Agent’s remuneration claims

9.1 The following applies to the prices and service fees for the brokerage of air transport services from airlines in accordance with Section 8 of these brokerage terms and conditions:

9.2 The prices indicated and invoiced are airline prices and do not include any commission or other remuneration paid by the airline for the services provided by Voyage en Vogue.

9.3 Voyage en Vogue’s remuneration for this brokerage activity shall therefore be made exclusively through service fees to be paid by the customer.

9.4 The service fee for the brokerage activity of Voyage en Vogue and for other activities in connection with the flight booking is, unless otherwise agreed in individual cases, € 75 per flight ticket, for Business and First Class tickets € 150.9.5 If an agreement on the amount of a corresponding service fee has not been made, the customer owes Voyage en Vogue a fee in accordance with the statutory provisions, i.e. there is an obligation to pay a customary fee by the customer.

9.6 Service fees for the provision of other travel services and for other activities performed on behalf of the customer require a corresponding agreement. This can be made, for example, through a corresponding oral or written notice from the agent.

9.7 Voyage en Vogue's claim for service fees – including for flight bookings – remains valid despite service disruptions or changes, in particular rebooking, name changes, withdrawal, cancellation, annulment, or termination of the brokered contract by the service provider or the customer. This does not apply to the extent that the customer's claim for reimbursement arises from a claim for damages by the customer due to deficiencies in the broker's advisory or brokerage services, based on contractual or statutory claims.

10. Liability of Voyage en Vogue

10.1 Unless Voyage en Vogue has expressly assumed a corresponding contractual obligation with the customer, Voyage en Vogue is not liable for the conclusion of contracts with the service providers it arranges. 10.2 Voyage en Vogue is not liable for defects or damages incurred by the customer in connection with the arranged travel service. This does not apply in the event of an express agreement or assurance by Voyage en Vogue in this regard, particularly if this deviates significantly from the service provider's description of the service.

10.3 Any liability of Voyage en Vogue arising from the culpable breach of agent duties as well as liability under Section 651x of the German Civil Code (BGB) remains unaffected by the above provisions.

III. Brokerage of package tours according to § 651v BGB by Voyage en Vogue

The provisions of this Section III regarding the brokerage of package travel contracts ("travel brokerage") pursuant to Section 651v of the German Civil Code (BGB) apply exclusively if the travel agent provides the package tour form. The form identifies the brokered tour operator as the company responsible for providing the package tour.

1. Conclusion of contract, statutory provisions

2. General contractual obligations of Voyage en Vogue, information, notices

2.2 Unless expressly agreed, Voyage en Vogue is not obligated to identify and/or offer the cheapest provider of the requested travel service. Voyage en Vogue's contractual obligations under its "best price guarantees" remain unaffected.

2.3 Without an express agreement, Voyage en Vogue does not provide any guarantee within the meaning of Section 276 Paragraph 1 Sentence 1 of the German Civil Code (BGB) with regard to information on prices, services, booking conditions and other circumstances of the travel service, and does not provide any procurement guarantee within the meaning of this provision with regard to information on the availability of the services to be arranged by the agent.

2.4 Voyage en Vogue accepts special requests only for forwarding to the service provider to be arranged. Unless expressly agreed otherwise, Voyage en Vogue is not responsible for fulfilling such special requests. They are also not a condition or contractual basis for the arrangement contract or for the customer's booking confirmation to be transmitted by the agent to the service provider. The customer is advised that special requests generally only become part of the service provider's contractual obligations upon express confirmation by the service provider.

3. Documents about the travel services arranged

Both the customer and Voyage en Vogue are obliged to check the contract and other documents of the service provider relating to the travel services that were handed over to the customer by Voyage en Vogue, in particular booking confirmations, hotel vouchers, insurance certificates and other documents relating to the travel services arranged, for accuracy and completeness, in particular for compliance with the booking and the brokerage order.

4. Customer’s duty to cooperate with Voyage en Vogue

4.1 The customer must immediately notify Voyage en Vogue of any errors or deficiencies in its brokerage activities that they discover. This includes, in particular, incorrect or incomplete information regarding personal customer data, other information, information, and documents regarding the brokered travel services, as well as the incomplete execution of brokerage services (e.g., bookings or reservations not made).

4.2 In his own interest, the customer is requested to inform Voyage en Vogue of any special needs or restrictions with regard to the requested travel services.

5. Customer payments on package tours

Voyage en Vogue and the intermediary tour operator may only request or accept payments towards the travel price before the end of the package tour if the tour operator has an effective customer money protection contract and the tour operator's security certificate with the name and contact details of the customer money insurer has been handed over to the customer in a clear, understandable and highlighted manner.

6. Obligations of Voyage en Vogue in the event of customer complaints against the service providers

6.1 Voyage en Vogue is deemed to be authorized by the tour operator to accept notifications of defects and other declarations from the customer regarding the provision of the package tour. Voyage en Vogue will notify the tour operator immediately of such declarations from the customer. To avoid delays despite immediate forwarding, Voyage en Vogue recommends making such declarations directly to the tour operator or the tour operator's contact point.

6.2 With regard to any claims the customer may have against the service providers, Voyage en Vogue is under no obligation to advise on the nature, scope, amount, eligibility requirements, deadlines to be observed or other legal provisions.

7. Important information on travel insurance

7.1 Voyage en Vogue advises customers of the possibility of taking out travel cancellation insurance when booking to minimize the risk of costs in the event of cancellations by the customer.

8. Position and obligations of the agent in connection with the brokerage of air transport services

8.2 The contractual relationship between the customer and the airline is subject – as applicable – to the statutory provisions of the German Air Transport Act, the Warsaw and Montreal Conventions and, directly, like domestic statutory provisions, to: - Regulation (EC) No. 261/2004 on air passenger rights; - Regulation (EC) No. 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air passengers of the identity of the operating air carrier; - Regulation (EC) No. 1107/2006 of the European Parliament and of the Council on the rights of disabled persons and persons with reduced mobility when travelling by air.

9. Liability of Voyage en Vogue

9.1 Unless Voyage en Vogue has expressly assumed a corresponding contractual obligation with the customer, Voyage en Vogue is not liable for the conclusion of contracts with the service providers it arranges. 9.2 Voyage en Vogue is not liable for defects or damages incurred by the customer in connection with the arranged travel service. This does not apply in the event of an express agreement or assurance by Voyage en Vogue in this regard, particularly if this deviates significantly from the service provider's description of the service.

9.3 Any liability of Voyage en Vogue arising from the culpable breach of agent duties as well as liability under Section 651x of the German Civil Code (BGB) remains unaffected by the above provisions.

IV.General provisions

1. Notes on data protection

Voyage en Vogue is responsible for the processing of customers' personal data for the purpose of contract execution in accordance with Art. 6 (1) (b) GDPR. Customers' personal data will be processed exclusively for the implementation and processing of the trip. Personal data will not be passed on to third parties for purposes other than contract fulfillment without the customer's consent. The data will be deleted as soon as it is no longer required for the purpose for which it was processed, unless Voyage en Vogue is obligated to store the data for a longer period in accordance with Art. 6 (1) (c) GDPR due to retention and documentation obligations under tax and commercial law, or the customer has consented to longer storage in accordance with Art. 6 (1) (a) GDPR. Applicable data protection law grants customers the following data subject rights vis-à-vis Voyage en Vogue with regard to the processing of their personal data: Right to information pursuant to Art. 15 GDPR, right to rectification pursuant to Art. 16 GDPR, right to erasure pursuant to Art. 17 GDPR, right to restriction of processing pursuant to Art. 18 GDPR, right to information pursuant to Art. 19 GDPR, right to data portability pursuant to Art. 20 GDPR, right to withdraw consent granted pursuant to Art. 7 (3) GDPR, and right to lodge a complaint with the supervisory authority pursuant to Art. 77 GDPR. You can find out more about your rights as a data subject, in particular your right of objection, in the privacy policy at www.voyage-en-vogue.com.

2. Alternative dispute resolution; choice of law and jurisdiction

2.1 With regard to the German Consumer Dispute Resolution Act, Voyage en Vogue points out that Voyage en Vogue does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for Voyage en Vogue after these Terms and Conditions go to print, Voyage en Vogue will inform consumers of this in an appropriate manner. For all travel contracts concluded electronically, Voyage en Vogue refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/.

2.2 For customers who are not citizens of a member state of the European Union or Swiss citizens, the entire legal and contractual relationship between the customer and Voyage en Vogue is subject exclusively to German law. Such customers may sue Voyage en Vogue exclusively at its registered office.

2.3 For legal actions brought by Voyage en Vogue against customers or contracting parties to the package travel contract who are merchants, legal entities under public or private law or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence is unknown at the time the action is brought, the place of jurisdiction shall be the registered office of Voyage en Vogue.

3. Final provisions

The invalidity of individual provisions of the contract, including these terms and conditions, does not result in the invalidity of the entire contract.

These terms and conditions are current as of July 2018.

Provider:

Voyage en Vogue e.Kfr.

Owner and Managing Director: Patricia Gralla

Address: Gut Ebenroth 2, D-97450 Arnstein

Commercial Register: Würzburg District Court, HRA 7778

Phone: +49(0)9363 49 43 155

Fax: +49(0)9363 4943156

Email: info@voyage-en-vogue.de

General terms and conditions of business

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