General terms and conditions of FIRST Business Travel
Dear customers,
The general terms and conditions (“GTCs”) for the online travel portal of FIRST Business Travel, a division of TUI Deutschland GmbH, Hanover (hereinafter referred to as “FBT”), are detailed below. Please read these through carefully, as they contain important information on your (hereinafter referred to as the “user”) relationship with FBT.
1. Scope and contractual
relationship
1.1 FBT operates an online travel portal at the website
www.first-business-travel.de (hereinafter referred to as the “website”). The
user is able to check the availability of accommodation, (air/train) travel,
hire cars and/or insurance offers in addition to other travel services
(hereinafter referred to collectively as the “business travel service(s)”) of a
variety of third parties, e.g. hotels, airlines, car hire companies and/or
travel insurance companies (hereinafter referred to collectively as the
“providers”), for business travel according to the information they provide.
Where desired, the user is moreover able to conclude contracts for business
travel services with the respective providers. General information and advice
is also available.
1.2 FBT offers use of the website exclusively for business travel purposes. The
user must confirm the business reason for use of the business travel services
and website for booking purposes. §§ 651 a–m of the German Civil Code (Bürgerliches
Gesetzbuch, BGB) shall not apply.
1.3 The business travel services shall be provided by FIRST Business Travel,
TUI Deutschland GmbH, Karl-Wiechert-Allee 23, 30655 Hanover, Germany;
commercial register: Hanover local court HRB 62522. FBT acts exclusively as
an agent of the business travel services of the respective provider and
provides contracts in the name of and on the account of the providers. An
agency agreement shall be signed between FBT and the user, the object of which
is the arrangement of business travel services. The contract on the actual
business travel services is signed by the user and the provider; as such, FBT
is not a contractual partner in the contract for the business travel services
and is therefore not obliged to provide the user with the service.
1.4 The business travel services offered on the website do NOT constitute
binding contractual offers by FBT and/or the respective providers. Rather, they
are an invitation to users to submit an offer to conclude a contact with the
provider of business travel services (invitatio ad offerendum). The user
submits an offer by (a) entering their full details in the online booking form
and (b) submitting this form (incl. accepting the terms and conditions). Under
no circumstances does a confirmation of receipt from FBT of the user’s offer
constitute acceptance of this offer. The user shall be bound to their
contractual offer for a maximum of four (4) days. During this period, FBT shall
either accept the offer aiming at conclusion of a contract on behalf of the
respective provider, or provide the user with a new contractual offer that they
are able to accept within the period specified therein. In the event of
provision of a booking confirmation or acceptance by the user of the new offer
provided by FBT, the respective contract for the business travel services shall
be concluded. The booking confirmation – and, in case of acceptance, the new
offer – can at the same time serve as the invoice.
The contractual text of the travel confirmations is saved in printed form and
archived at our Customer Service Centre for a period of one (1) year (scheduled
flights).
1.5 The contract concluded for business travel services may be subject to the
general terms and conditions of the respective provider. The terms of payment,
due dates, liability, policy on cancellations, changes to bookings and
repayments (where provided) in addition to other restrictions and obligations
of the user may be regulated therein. Where available, the general terms and
conditions of the provider shall be made available to the user by FBT on the
website for inspection and acceptance. Given that certain general terms and
conditions of the provider are taken directly from international booking and
reservation systems, these may be written in English. The user acknowledges
that these terms and conditions also constitute an integral component of the
contract concluded with the provider.
2. Duties of the
customer, incl. verification of the booking confirmation and documentation
2.1 The user is obliged to verify the completeness and correctness of the
booking confirmation provided for the business travel services; this also
applies to the identification documents, transport and/or accommodation
documents provided (hereinafter referred to as the “business travel
documents”). The Customer Service Centre is to be notified immediately of any
complaints regarding incomplete or incorrect booking confirmation(s) and/or
business travel documents (cf. 3.1). Insofar as a booking confirmation and/or
business travel documents require correction and the cause is not attributed to
FBT (e.g. incorrect information, name spelling error, etc.), FBT shall levy a
processing fee of EUR 25 per procedure (incl. applicable VAT) in addition to
any fee that may be payable to the provider. The user is free to provide
evidence that FBT actually only incurred lesser damage than claimed with the
processing fee. Inaccuracies for which FBT is liable shall be corrected for the
user at no charge. With regard to the fees charged by the providers for changes
to the contract required/requested by the customer (e.g. withdrawal/change to a
booking), reference is made to 3.4.
2.2 FBT is to be notified immediately of any shortcomings in its agency
services and given the opportunity to remedy these. Should the user fail to
provide notification, any claim of the user arising from the agency contract
shall become invalid insofar as FBT would have been able to provide a remedy
acceptable to the user.
2.3 The user is advised that FBT is not authorised or obliged to acknowledge
any shortcomings in the business travel services. Such complaints are to be
made directly and exclusively to the provider of the business travel
service(s).
3. Business and payment
processing
3.1 The Customer Service Centre is on hand to assist users in case of any
questions. It can be reached by calling +49 (0)69 / 76 80 38 14 (local rates apply for calls from
landlines; mobile phone rates may vary depending on the provider).
Alternatively, we can be reached via email (service@first-bt.de) or fax (+49
(0)69 / 76 80 38 38).
Business hours: Monday–Friday 6 a.m.–10 p.m., Saturday–Sunday/public holidays
10 a.m.–6 p.m., Christmas Eve and New Year’s Eve 10 a.m.–4 p.m. Our Customer
Service Centre shall remain closed on the following national holidays: Good
Friday, Easter Sunday, Whit Sunday, Christmas Day and Boxing Day
3.2 Payments
a) With conclusion of a contract, the provider may demand partial or full
payment for the business travel services. Partial payments are deducted from
the business travel price; they are due on the dates agreed. The outstanding
balance is payable at the latest upon delivery of or access to the business
travel documents.
b) In deviation from a), payments for contracts of carriage by rail or air are
generally payable in full upon receipt of the booking confirmation from the
provider of travel by rail or air.
c) When booking hire cars, it must be taken into account that additional fees
may apply in the event that a vehicle is hired outside of the hire centre
business hours. The user must pay these additional fees directly to the hire
company at the site. We moreover wish to point out that some airlines charge an
additional credit card fee for selected fares.
d) As a rule, users are able to make the payments due to the providers of
business travel services using a VISA, Eurocard, American Express or Diners
Club credit card. Certain providers offer other payment options – the user will
be informed of these during the respective booking. FBT shall pass on the
user’s credit card and/or bank account details to the business travel services
provider if they are to process the payment. In the event of a payment using a
credit card not belonging to the user, written consent from the credit card
holder is required. FBT moreover reserves the right to conduct occasional
security checks to counteract credit card misuse. For this reason, the user can
be required to provide FBT with proof of their business address and/or to send
a copy of the credit card by fax or mail before business travel documents can
be issued.
e) Individual providers arranged by FBT moreover offer the option of making
payments from a current account held with a German banking institution by means
of a direct debit transfer. The user will also be advised of this during the
respective booking.
f) FBT shall levy a standard commission for its services. The user shall be
informed of the respective standard commission due prior to submission of their
offer aimed at the business travel services. In the event of a change to the
contract (see 3.4), the standard commission shall not be reimbursed unless FBT
is to blame for the cancellation.
g) FBT reserves the right to invoice the user separately for any administration
fees arising for FBT and/or the provider in connection with processing of the
payment detailed in b) and c). The user shall be informed of the respective
fees prior to submission of their offer aimed at the business travel services.
FBT and the provider are moreover entitled to pass on to the user any return
debit fees in the event of outstanding credit card charges or bank debit
transactions. FBT shall levy a flat-rate processing fee of EUR 25.00 (incl.
statutory VAT) for return debits pursuant to sentence 3. The user is free to
provide evidence that FBT actually only incurred lesser damage than claimed
with the processing fee.
h) FBT reserves the right to send the user invoices via email as a PDF file
with a signature file. The user is responsible for any necessary electronic
archiving of the invoice documents.
4. Delivery of business travel documents
a) As a rule, business travel documents shall be sent directly by the provider
or by FBT. Where relevant, this shall also apply for flight tickets issued by
providers in paper format. A growing number of airlines offer electronic
tickets (e-tickets) instead of paper tickets. Should the e-ticket option be
available for the chosen flight, this option is binding. If a paper ticket is
required for the chosen flight, the user must cover the additional costs
(production/postage) with a fee of EUR 11.00 (incl. statutory VAT) per flight
ticket. Certain airlines only allow check-in with the credit card used to make
the booking at one of the airline’s check-in terminals.
b) In principle, all business travel documents are sent electronically (via
email). FBT and/or the provider are moreover entitled to send business travel
documents by mail at no charge. However, the following exceptions shall apply
for which postage fees will be charged:
aa) Issue of paper flight tickets at short notice: if there are less than five
(5) working days between the booking and the flight, the business travel
documents shall be dispatched via courier for which fees shall be payable. The
cost of the courier shall be added to the total price of the business travel.
The Customer Service Centre shall inform the user via email or telephone of the
fee due for the respective place of delivery.
bb) Issue of business travel documents outside of Germany: in order to ensure
the quickest and safest possible delivery of business travel documents outside
of the Federal Republic of Germany, they shall be dispatched via courier for
which fees shall be payable. The cost of the courier shall be added to the
total price of the business travel. The Internet Service Centre shall inform
the user via email or telephone of the fee due for the respective place of
delivery.
c) Particularly for the booking of flights, hotels and hire cars, the vouchers,
reservation numbers, etc. shall either be sent by mail or email. The user is to
present the provider with the aforementioned papers, numbers, etc.
d) When travelling on short notice and depending on the method of payment,
business travel documents can also be made available for collection at a
counter at the user’s departure airport prior to the flight. As a rule, the
business travel documents shall be made available at an airport counter
belonging to the transporting airline or a third party commissioned by them. If
tickets are made available at a flight counter for the user, a fee of EUR 11.00
(incl. applicable VAT) per procedure shall be payable by the user; should the
airline levy additional fees in individual cases, the user shall be informed of
this after booking and is obliged to pay these.
e) FBT is entitled to use TUI Deutschland GmbH, Hanover, for processing of the
agency agreement, e.g. for delivery of the business travel documents.
4.1 Changes to the contract
a) Upon conclusion of a contract with the provider for the business travel
services, the conditions for changes to the contract required or requested by
the user (e.g. changes to bookings, withdrawal) shall be subject to the
conditions of the respective provider. FBT is entitled to invoice the user on
behalf of the respective provider for any costs and/or fees arising from
changes to the contract and to collect or deduct this amount.
b) In case of a change to the contract required or requested by the customer,
FBT is moreover entitled to levy its own service fee in addition to the fee
charged by the respective provider. The user shall be informed of the
respective service fee payable prior to submitting their declaration regarding
the change to the contract.
5. Travel
insurance/travel documents/entry requirements
FBT specifically indicates the possibility of taking out travel cancellation
insurance and insurance to cover the cost of repatriation in the event of an
accident or illness (travel health insurance).
When referring to information on the website www.first-business-travel.de
regarding passport, visa and health requirements, it is assumed that the user
is a German citizen. Citizens of other countries should consult their relevant
embassy/consulate. The user is personally responsible for adherence to all
requirements pertaining to to their trip. The user is responsible for arranging
and carrying the necessary travel/health documents (e.g. passports, visas,
vaccination certificates) and undertaking the necessary health measures at
their own cost and in compliance with the aforementioned requirements.
6. Liability of FBT
6.1 FBT shall not be liable for the success of the procurement and/or the
actual/fault-free provision of business travel services themselves, but rather
only for ensuring that the procurement is carried out with the due diligence of
a prudent business person.
6.2 FBT shall assume no liability whatsoever for implementation of the business
travel services presented or booked on the website, nor provide any guaranties
for their suitability for specific purposes or their quality. The respective
provider is responsible for this.
6.3 FBT shall attempt to a reasonable extent to ensure that the information,
software and other data available on the website, particularly with regard to the
prices, restrictions and dates, are up-to-date, complete and correct at the
time of publication. The individual information on the business travel services
is based on the information from the provider. FBT does not assume any
liability whatsoever for this.
6.4 All business travel services detailed on the website are only available on
a limited basis. FBT shall not be liable for the availability of a travel
service at the time of booking.
6.5 FBT assumes no liability whatsoever for the accuracy, completeness or
reliability of other third-party content.
6.6 The exclusions detailed in 6.3 to 6.5 shall not apply if FBT was aware of
faulty and/or incorrect information or should have been aware if applying the
due diligence and care customary in the industry. In this respect, the
liability of FBT for having ought to have known of such circumstances shall
nevertheless be limited to cases of wilful intent or gross negligence.
6.7 Otherwise, FBT shall only be liable for damages other than bodily injury in
cases of wilful intent or gross negligence, liability based on the assumption
of guarantees, and liability for the breach of essential contractual duties
(cardinal obligations). In the event of a negligent breach of cardinal
obligations, the liability of FBT shall be limited to damage that is
foreseeable and typical of the contract and, in any case, to three times the
value of the business travel services arranged.
6.8 FBT shall not be liable for any loss, destruction and/or damage to the
business travel documents relating to their delivery for which they are not
responsible.
6.9 FBT shall not be liable for the consequences of force majeure. This
includes orders from competent authorities, wars, civil unrest, aircraft
hijackings, terror attacks, fires, flooding, power outage, accidents, storms,
strikes, lockouts or any other industrial action affecting the services of FBT
or their suppliers.
7. Final provisions
7.1 The user is only able to offset claims against FBT that have been legally
determined or are undisputed.
7.2 FBT reserves the right to modify these terms and conditions at any time
with effect for the future without any obligation to notify the user. The most
recent version of the terms and conditions shall be made available on the
website from the time that it comes into force. With their continued use of the
website after a change to the terms and conditions, the user declares their
acceptance of the changes.
7.3 These terms and conditions contain all of the agreements reached in the
agency agreement existing between the user and FBT. They supersede all previous
agreements, regardless of whether these were made verbally, electronically or
in writing.
7.4 The contractual relationship between the user and FBT is subject to the
laws of the Federal Republic of Germany, regardless of the user’s nationality.
The place of jurisdiction is Hanover (Germany).
7.5 Should one of the above provisions be or become invalid, the validity of
the remaining provisions shall not be affected. The invalid provision is to be
replaced with a provision most closely approximating the economic purpose of
the provision to replace.
Company details:
Commercial register Hanover local court, HR B 62522
VAT ID no. DE242380569
Chairman of the Supervisory Board: Horst Baier
Managing Directors: Sebastian Ebel (Chairman), Marek
Andryszak,
Arnd Dunse, Sybille Reiß
Last updated: 3 April 2017
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