GCI
1 Subject matter of the contract:
1.1 These general terms and conditions of brokerage (hereinafter also referred to as “GCI” for short) are the basis of all contracts concluded with POLLMANN UG regarding travel and travel insurance brokerage. Any terms and conditions of the customer to the contrary or deviating from the GCI shall not become the basis of the contract, unless they have been expressly agreed in writing between the contracting parties.
1.2 For business customers, these GT&C shall also apply as a framework agreement for all other legal transactions relating to the brokerage of goods between the contracting parties, even if these GT&C have no longer been expressly agreed.
1.3 POLLMANN UG acts exclusively as an agent of travel and travel insurance for the customer. Upon conclusion of the brokerage order or placement of the order by the customer, the customer instructs and authorizes POLLMANN UG to arrange a travel contract with the outfitter or tour operator to be announced by POLLMANN UG and, if necessary, other contracts with other service providers.
1.4 The customer acknowledges that POLLMANN UG is exclusively an agent and not an organiser. The contract for the trip arranged by POLLMANN UG is therefore concluded exclusively between the customer and the respective outfitter or tour operator listed in the offer or brochure or the website. For all agreements concluded between the customer and the outfitter or organizer or other service providers, the conditions stated or agreed by the outfitter or organizer or other service providers shall apply.
2 Services:
2.1 POLLMANN UG acts as an agent for the customer. POLLMANN UG’s obligation towards the customer is therefore limited to the mediation of the trip offered by the respective outfitter or tour operator.
2.2 POLLMANN UG is only obliged to sufficiently promote the contract with regard to the planned trip with the outfitter or tour operator within the scope of its activity as an agent.
2.3 The customer contacts the outfitter or organizer or other service providers himself. The customer therefore also receives a confirmation of the conclusion of an agreement directly from the outfitter or organizer or other service providers. POLLMANN UG shall provide the customer with all essential information about the customer’s order with reference to the description of the outfitter or organizer or other service provider (catalogue, brochure, etc.) on which the booking is based.
2.4 POLLMANN UG points out that foreign law may also apply to the extent that services provided by foreign entrepreneurs are arranged.
3 Information and other ancillary services:
3.1 POLLMANN UG shall present the outfitter’s or organiser’s services to the best of its knowledge, taking into account the special features of the respective contract and the circumstances of the respective target country or destination.
3.2 Passport, visa, customs, foreign exchange, health, weapons and other regulations that POLLMANN UG notifies the customer of are regulations that are valid at the time the brokerage order is placed.
3.3 The customer must inform POLLMANN UG of special circumstances in the person of the customer without being asked to do so.
3.4 By ordering one or more services, POLLMANN UG automatically receives permission from the customer to send all necessary data and copies to all partners required for the performance of the service.
4 Liability:
4.1 POLLMANN UG’s liability extends to the careful selection of the respective outfitter or organiser as well as the careful evaluation of experience gained, the faultless provision of services, including appropriate information from the customer and the verifiable forwarding of advertisements, declarations of intent and payments between the customer and the arranged outfitter or organiser, respectively. Service providers and vice versa, e.g. from changes to the agreed services, the agreed price, declarations of withdrawal, complaints, etc.
4.2 POLLMANN UG is not liable for the fact that the services mediated between the outfitter or organizer and the customer can actually be carried out by the customer.
4.3 If POLLMANN UG violates its obligations under the agency agreement, it shall only be obliged to compensate the customer for the resulting damage if it acts intentionally or grossly negligently.
5 Terms of Payment:
The payment obligation arising for the customer in accordance with the order confirmation of the outfitter or organizer shall be fulfilled by the customer directly vis-à-vis the outfitter or organizer or other service provider. Should POLLMANN UG in exceptional cases process payments between the customer and the outfitter or organizer or another service provider, POLLMANN UG shall always do so in the name and for the account of the outfitter or organizer.
6 Choice of law, place of jurisdiction:
6.1 German law applies exclusively to all contractual relationships. The applicability of the UN Sales Convention is expressly excluded.
6.2 If the customer is not a consumer, all disputes arising from and in connection with the contracts to be concluded shall be settled exclusively locally by the court competent for Jever.
Miscellaneous:
If individual provisions of these GCI are invalid, the remaining provisions shall remain valid.