General terms and conditions of business

Package tours from Voyage en Vogue e.Kfr.

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

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 is responsible for all contractual obligations of fellow travelers for whom he makes the booking, as if they were his own, provided that he has assumed this obligation by means of an express and separate declaration.

1.4 If the content of the travel confirmation from Voyage en Vogue 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 in relation to the new offer and has 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 down payment.

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 (according to Article 250 § 3 numbers 1, 3 to 5 and 7 EGBGB) will only not be part of the package travel contract if this is 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 cancellation for package travel contracts according to § 651a and § 651c BGB that were concluded via distance selling (letters, catalogues, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as radio, telemedia and online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal according to § 651h BGB (see also section 5). However, a right of cancellation exists if the contract for travel services according to § 651a BGB was concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted on the consumer's prior order; in the latter case, there is also no right of cancellation. 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 on the travel price before the end of the package tour if an effective customer money protection contract exists and the customer has been given the security certificate with the name and contact details of the customer money insurer in a clear, understandable and highlighted manner. After the contract has been concluded, a deposit in the amount stated in the offer and the travel confirmation is due upon delivery of the security certificate. The remaining payment is due 30 days before the start of the trip, provided the security certificate has been handed over.

2.2 If the customer does not make the deposit and/or the remaining payment in accordance with the agreed payment dates, although Voyage en Vogue is willing and able to properly provide the contractual services and the customer has no legal or contractual right of retention, Voyage en Vogue is entitled to withdraw from the travel contract after issuing a reminder with a deadline 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 after the corresponding invoice is issued by Voyage en Vogue.

2.4 The travel documents will be sent to the customer within 14 days of receipt of the remaining 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 travel price for payment by credit card (not for 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 brought about by Voyage en Vogue in bad faith, are permitted by Voyage en Vogue before the start of the trip, provided that the deviations are insignificant and do not affect the overall structure of the trip. Voyage en Vogue is obliged to inform the customer of changes to services immediately after becoming aware of the reason for the change on a permanent data medium (e.g. by email, SMS or voice message) in a clear, understandable and prominent manner.

3.2. In the event of a significant change to an essential characteristic of a travel service or a deviation from special requirements of the customer that have become part of the package travel contract, 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 notification of the change. If the customer does not expressly declare to Voyage en Vogue that they are withdrawing from the package travel contract within the period set by Voyage en Vogue, the change is deemed to have been accepted. Any warranty claims remain unaffected if the changed services are defective. If Voyage en Vogue had lower costs for carrying out the changed trip or a possible replacement trip of equivalent quality at the same price, the customer must be reimbursed the difference in accordance with Section 651m Paragraph 2 of the German Civil Code.

4. Price increase; price reduction

4.1 Voyage en Vogue reserves the right, in accordance with § 651f, 651g BGB and the following regulations, 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 permitted if Voyage en Vogue informs the customer in writing in a clear and understandable manner about the price increase and its reasons and provides information about how the price increase was calculated.

4.2 The price increase is calculated as follows:

- If the price for the transport of persons increases according to section 4.1 a., Voyage en Vogue can increase the travel price according to the following calculation: If the increase relates to the seat, Voyage en Vogue can demand the amount of the increase from the customer. Otherwise, the additional transport costs demanded by the transport company per means of transport are divided by the number of seats in the agreed means of transport. Voyage en Vogue can demand the resulting increase for the individual seat from the customer.

- If taxes and other charges increase in accordance with section 4.1 b., the travel price can be increased by the corresponding, pro rata amount.

- If the exchange rates increase in accordance with section 4.1 c., the travel price can be increased to the extent that the trip has become more expensive for Voyage en Vogue.

4.3 Voyage en Vogue is obliged to grant the customer a reduction in the travel price at their request if and to the extent that the prices, taxes or exchange rates specified in section 4.1.a.-c. have changed after the contract has been concluded and before the start of the trip and this leads to lower costs for Voyage en Vogue. If the customer has paid more than the amount owed here, the excess amount must be refunded by Voyage en Vogue. However, Voyage en Vogue may deduct the administrative expenses actually incurred by Voyage en Vogue from the excess amount to be refunded. Voyage en Vogue must provide the customer with evidence of the amount of administrative expenses incurred at their 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 notifying the price increase. If the customer does not expressly declare to Voyage en Vogue within the period set by Voyage en Vogue that they are withdrawing from the package travel contract, the change is deemed to have been accepted.

5. Services not used If the customer does not use individual travel services due to an early return or for other reasons attributable to him, he is not entitled to a pro rata refund of the travel price. Voyage en Vogue will endeavour to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the services are completely 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 to retain it as compensation for the additional work involved. Clause 6.5 applies accordingly.

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

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

6.2 If the customer withdraws before the start of the trip or does not start the trip, Voyage en Vogue loses the right to the travel price. Instead, Voyage en Vogue can demand appropriate compensation if the withdrawal is not Voyage en Vogue's responsibility or if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity that significantly affect the implementation of the package tour or the transport of people 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 lump sums taking into account the period between the declaration of cancellation and the start of the trip, as well as the expected savings in expenses and the expected income from other uses of the travel services. The compensation is calculated - unless otherwise agreed in the individual contract - according to the time of receipt of the declaration of cancellation as follows with the respective cancellation scale:

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

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

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

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

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

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

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

The following exceptions apply to these flat rates

a) Round trips

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

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

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

b) Ship trips/cruises/special programs

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

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

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

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

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

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

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

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

6.6 Voyage en Vogue reserves the right to demand a higher, specific compensation instead 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 obliged to specify and provide evidence of the compensation demanded, taking into account the expenses saved and any other 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 legal right, in accordance with Section 651e of the German Civil Code (BGB), to request from Voyage en Vogue by means of a notification on a permanent data medium that a third party assumes the rights and obligations arising from the package travel contract in their place remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by Voyage en Vogue up to 7 days before the start of the trip.

6.9 Taking out travel expense, luggage, travel accident and travel health insurance is not included in the Voyage en Vogue offer and is strongly recommended. Further information on the benefits of repatriation insurance, including coverage of repatriation costs in the event of an 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, type 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 not provided the customer with any, 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 can 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 traveler affected up to 30 days before the start of the trip. Clause 6.5 applies accordingly.

7.2 If the customer requests to change their booking later than 30 days before the start of the trip, if this is possible at all, they can only be carried out after withdrawal from the package travel contract in accordance with section 6 under the conditions and simultaneous re-registration. This does not apply to requests to change the booking that only incur minor costs.

8. Termination for behavioral reasons

8.1 Voyage en Vogue may terminate the package travel contract without notice if the customer causes persistent disruption despite a warning from Voyage en Vogue, or if he or she behaves in such a way that is contrary to the contract that the immediate cancellation of the contract is justified. This does not apply if the behavior in breach of the contract is caused by a breach of information obligations by Voyage en Vogue.

8.2 If Voyage en Vogue terminates the contract, Voyage en Vogue retains the right to the travel price; however, Voyage en Vogue must take into account the value of the expenses saved as well as the benefits that Voyage en Vogue obtains from alternative use of the unused service, including the 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 can demand redress.

- If Voyage en Vogue was unable to remedy the defect due to a negligent failure to report it, the customer cannot assert claims for reduction in price according to Section 651m of the German Civil Code (BGB) or claims for damages according to Section 651n of the German Civil Code (BGB).

- The customer is obliged to immediately report any defects to the local representative of Voyage en Vogue. If a representative of Voyage en Vogue 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 representative of Voyage en Vogue at his local contact point are stated in the travel confirmation. However, the customer can also report any defects to the travel agent through whom he booked the package tour.

- The representative of Voyage en Vogue is responsible for providing redress where possible, but is not authorized to accept any claim.

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 it is significant, in accordance with Section 651l of the German Civil Code (BGB), he must first set Voyage en Vogue a reasonable deadline to remedy the defect. This only does not apply if Voyage en Vogue refuses to remedy the defect or if immediate remedy is necessary.

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

The customer is advised that in accordance with aviation law, the customer must immediately report the loss, damage or delay of luggage in connection with air travel to the relevant airline on site using a damage report (“PIR”). Airlines and Voyage en Vogue may refuse reimbursement based on international agreements if the damage report has not been completed. The damage report must be submitted within 7 days of delivery in the case of damage to luggage and within 21 days of delivery in the case of delay. In addition, the loss, damage or misrouting of luggage 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 above deadlines.

10. Limitation of Liability

10.1 Voyage en Vogue's contractual liability for damages that do not result from injury to life, body or health and were not caused negligently is limited to three times the travel price. Any claims that may go beyond this 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 injuries and 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 advertisement and the 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 package tour from Voyage en Vogue and were selected separately. Sections 651b, 651c, 651w and 651y of the German Civil Code remain unaffected by this.

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

11. Assertion of claims

The customer must assert claims according to § 651i paragraph (3) no. 2, 4-7 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. Asserting the claim in text form is recommended.

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

12.1 When booking, Voyage en Vogue will inform the customer, in accordance with the EU regulation on informing air passengers about the identity of the operating air carrier, before or at the latest when 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 obliged to inform the customer of the airline(s) that will probably 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 possible using reasonable means.

12.4 The “Black List” drawn up in accordance with the EC Regulation (airlines prohibited from using the airspace over the Member States) 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 and about any changes to these before the start of the trip.

13.3 The customer is responsible for obtaining and carrying the travel documents required by the authorities, any vaccinations required and complying with customs and foreign exchange regulations. Disadvantages arising from non-compliance with these regulations, e.g. payment of cancellation costs, are at the customer's expense. This does not apply if Voyage en Vogue has not provided information, has provided insufficient information or has provided incorrect information.

13.4 Voyage en Vogue is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation if the customer has commissioned Voyage en Vogue to obtain them, unless Voyage en Vogue has negligently 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 in good time about infection and vaccination protection as well as other prophylactic measures; if necessary, medical advice should be sought on thrombosis and other health risks. Reference is made to general information, in particular 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 topicality 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 in accordance with Section 651a Paragraph 3 Sentence 1 of the German Civil Code (BGB), no information of the customer by means of a form is required by law. When arranging linked travel services in accordance with Section 651w of the German Civil Code (BGB), the form for arranging linked travel services must be handed out. This form informs the customer that booking another travel service with Voyage en Vogue does not constitute a package tour, but that linked travel services arise when the second contract is concluded.

1. Conclusion of contract, legal provisions

1.1 When Voyage en Vogue accepts the customer's travel agency order, a contract for the provision 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 of 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 ff. BGB in conjunction with Art. 250 ff. EGBGB and Sections 675, 631 ff. BGB on paid business management.

1.4 The rights and obligations of the customer towards the contractual partner of the arranged service are exclusively governed by the agreements made with the latter, in particular – if effectively agreed – its travel or business terms and conditions. Without a special agreement or without special reference, the transport conditions and tariff regulations issued on a legal basis by the responsible transport authority or on the basis of international agreements apply to transport services.

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

2.1 The customer will receive the best possible advice based on these terms and conditions. If requested, Voyage en Vogue will then make the booking request to the service provider. The obligation to provide the service includes handing over the documents relating to the arranged travel service(s) after confirmation by the service provider. This does not apply if it has been agreed that the service provider will send the documents directly to the customer.

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

2.3 Unless expressly agreed, Voyage en Vogue is not obliged to identify and/or offer the cheapest provider of the requested travel service. Contractual obligations of Voyage en Vogue within the framework of "best price guarantees" provided by it 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 with regard to information on the availability of the services to be arranged by the agent, Voyage en Vogue does not provide any procurement guarantee within the meaning of this provision.

2.5 Voyage en Vogue only accepts special requests for forwarding to the service provider to be arranged. Unless otherwise expressly agreed, Voyage en Vogue is not responsible for fulfilling such special requests. Nor are they a condition or contractual basis for the arrangement order or for the customer's booking declaration to be sent 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 if they are expressly confirmed 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 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, for accuracy and completeness, in particular for compliance with the booking and the brokerage 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 obligation to cooperate with Voyage en Vogue

4.1 The customer must immediately report any errors or deficiencies in Voyage en Vogue's brokerage activities that he or she notices. This includes in particular incorrect or incomplete information about personal customer data, other information, information and documents about the travel services arranged, as well as the incomplete execution of brokerage services (e.g. bookings or reservations not made).If the customer does not report in accordance with section 4.1, the following applies: If the customer fails to report in accordance with section 4.1 through no fault of his own, his or her claims do not lapse.Claims by the customer against Voyage en Vogue lapse to the extent that Voyage en Vogue proves that the customer would not have suffered any damage had the report been made properly, or would not have suffered the amount claimed by the customer. This applies in particular if Voyage en Vogue proves that an immediate notification by the customer would have given Voyage en Vogue the opportunity to remedy 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 a failure to notify in accordance with section 4.1 do not lapse - in the case of damages resulting from injury to life, body or health that result 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 that are based on 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 enables the proper execution of the brokerage contract in the first place or the breach of which endangers 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 travel services requested.

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

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

5.5 Voyage en Vogue may only accept payments from the customer for travel services of related 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 remuneration 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 does not comply with requests for payment from service providers who have not been satisfied with the travel services provided.

5.6 Voyage en Vogue provides this security when arranging associated 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 associated travel services, unless the customer pays directly to the service provider of the associated travel service.

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

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

6.2 In the event of complaints or other assertion of 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 claim letters within the deadline, Voyage en Vogue shall only be liable for 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 made by the customer against the service providers, Voyage en Vogue is under no obligation to advise on the type, scope, amount, eligibility requirements and deadlines to be observed or other legal provisions.

7. Important information on travel insurance

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

7.2 The customer is also advised that travel cancellation insurance does not usually cover the damage that may arise from the customer cancelling the use of travel services after they have started - even if this is not their fault. Travel cancellation insurance must generally be taken out separately.

7.3 When arranging travel insurance, the customer is informed that the insurance terms of the travel insurance arranged may contain special contractual conditions and/or obligations of the customer to cooperate, in particular exclusions of liability (e.g. in the case of pre-existing medical conditions), deadlines for reporting damages and deductibles. Voyage en Vogue is not liable if Voyage en Vogue has not provided false information regarding the insurance terms and conditions and the travel insurer arranged has a right to refuse payment to the customer due to 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 creation of a Community list of air carriers, Voyage en Vogue is obliged to inform the passenger of the identity of the operating airline when booking. If the operating airline has not yet been determined at the time of booking, Voyage en Vogue will provide the passenger with the information available from the intermediary company about the airline that is likely to operate the flight. If the airline changes, the customer will be informed of the change immediately. The Community list of airlines banned from flying in the European Union can be accessed on the websites http://ec.europa.eu/transport/modes/air/safety/airban/index_de.htm and www.lba.de and can be given to the customer by Voyage en Vogue upon request.

8.2 The contractual relationship between the customer and the airline is subject to – as far as applicable – the statutory provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions and, directly, as domestic statutory provisions, 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 regarding 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 airline or through the information sheets of the Federal Aviation Office at www.lba.de.

9. Agent's claims for remuneration

9.1 The following applies to the prices and service fees when arranging air transport services from airlines in accordance with Section 8 of these Terms and Conditions:

9.2 The prices indicated and invoiced are airline prices and do not include any commission or other fee charged by the airline for Voyage en Vogue’s activities.

9.3 Voyage en Vogue’s remuneration for this brokerage activity shall therefore be 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, and € 150 for Business and First Class tickets. 9.5 If no agreement has been made on the amount of a corresponding service fee, the customer owes Voyage en Vogue a fee in accordance with the statutory provisions, i.e. there is an obligation for the customer to pay a usual fee.

9.6 The service fees for the provision of other travel services and for other activities on behalf of the customer require a corresponding agreement. This can be done, for example, by means of a corresponding oral or written notice from the agent.

9.7 Voyage en Vogue's claim to service fees - including for flight arrangements - remains valid despite service disruptions or changes, in particular rebooking, name changes, withdrawal, cancellation, annulment or termination of the arranged contract by the service provider or the customer. This does not apply if the customer's claim for reimbursement arises from a claim for damages by the customer due to deficiencies in the agent's advisory or arrangement activities based on contractual or legal claims.

10. Liability of Voyage en Vogue

10.1 Unless Voyage en Vogue has assumed a corresponding contractual obligation through an express agreement with the customer, Voyage en Vogue is not liable for the conclusion of contracts with the service providers to be arranged. 10.2 Voyage en Vogue is not liable for defects and damages incurred by the customer in connection with the arranged travel service. This does not apply if Voyage en Vogue has made an express agreement or assurance in this regard, in particular if this deviates significantly from the service description of the service provider.

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 on the brokering of package travel contracts (“travel brokerage”) pursuant to Section 651v of the German Civil Code (BGB) apply exclusively if the travel agent hands out the package travel form. The form identifies the brokered tour operator as the company responsible for providing the package travel.

1. Conclusion of contract, legal provisions

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

2.2 Unless expressly agreed, Voyage en Vogue is not obliged to identify and/or offer the cheapest provider of the requested travel service. Contractual obligations of Voyage en Vogue within the framework of "best price guarantees" provided by it 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 with regard to information on the availability of the services to be arranged by the agent, Voyage en Vogue does not provide any procurement guarantee within the meaning of this provision.

2.4 Voyage en Vogue only accepts special requests for forwarding to the service provider to be arranged. Unless otherwise expressly agreed, Voyage en Vogue is not responsible for fulfilling such special requests. Nor are they a condition or contractual basis for the arrangement order or for the customer's booking declaration to be sent 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 if they are expressly confirmed 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 arrangement order.

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

4.1 The customer must immediately inform Voyage en Vogue of any errors or deficiencies in its brokerage activities that he or she discovers. This includes in particular incorrect or incomplete information about personal customer data, other information, information and documents about the travel services brokered, 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 travel services requested.

5. Customer payments on package tours

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

6. Obligations of Voyage en Vogue in the event of complaints by the customer 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 inform the tour operator immediately of such declarations from the customer. In order to avoid loss of time despite immediate forwarding, Voyage en Vogue recommends that the relevant declarations be made directly to the tour operator or the tour operator's contact point.

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

7. Important information on travel insurance

7.1 Voyage en Vogue points out the possibility of taking out travel cancellation insurance when booking in order 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 far as applicable – to the statutory provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions and, directly, like domestic statutory provisions, - 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 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 air passengers and air passengers with reduced mobility.

9. Liability of Voyage en Vogue

9.1 Unless Voyage en Vogue has assumed a corresponding contractual obligation through an express agreement with the customer, Voyage en Vogue is not liable for the conclusion of contracts with the service providers to be arranged. 9.2 Voyage en Vogue is not liable for defects and damages incurred by the customer in connection with the travel service arranged. This does not apply if Voyage en Vogue has expressly agreed or given a guarantee in this regard, in particular if this deviates significantly from the service description of the service provider.

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

Under data protection law, Voyage en Vogue is responsible for processing customers' personal data for the purpose of executing the contract in accordance with Art. 6 (1) (b) GDPR. Customers' personal data is 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 of its processing, unless Voyage en Vogue is obliged 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. The 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 in accordance with Art. 15 GDPR, right to rectification in accordance with Art. 16 GDPR, right to erasure in accordance with Art. 17 GDPR, right to restriction of processing in accordance with Art. 18 GDPR, right to information in accordance with Art. 19 GDPR, right to data portability in accordance with Art. 20 GDPR, right to revoke consent granted in accordance with Art. 7 Para. 3 GDPR and right to lodge a complaint with the supervisory authority in accordance with Art. 77 GDPR. You can find out more about your rights as a data subject, in particular your right of objection, in the data protection declaration at www.voyage-en-vogue.com.

2. Alternative dispute resolution; choice of law and place of jurisdiction

2.1 With regard to the law on consumer dispute resolution, 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 have been printed, Voyage en Vogue will inform consumers of this in an appropriate form. For all travel contracts concluded via electronic legal transactions, Voyage en Vogue refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/.

2.2 For customers who are not nationals 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 can only sue Voyage en Vogue 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 place of residence or habitual abode abroad or whose place of residence or habitual abode is not known 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 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: District Court of Würzburg, 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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