General Terms & Conditions

 

1 Legal Relations
The legal relationship between Aphrodite Travel (hereinafter referred to as 'the travel agency') and the customer is regulated according to following General Terms & Conditions.

2 The Travel Contract
(1)
The travel agency brokers individual travel services (for example standard flights, train and bus travel, hotel stays) and package holidays (several services - at least two- for a single fee) between the customer and a third party supplier (for example an airline or tour operator).

(2) As such the provision of the brokered services is not a constituent element of the travel contract. The provision occurs subject to availability on behalf of the service provider.

(3) The contents of the travel contract conform to the agreement between the traveller and the service provider, and in particular the selling prospectus and the General Terms & Conditions of the service provider. These specifications are not a guarantee on behalf of the travel agency.

3 Form
(1)
The completion of the travel contract requires no specific form. With his/her travel booking, the customer submits the travel agency an offer with regards to the completion of a travel contract. On acceptance the travel agency commits itself to providing a contract between the customer and the respective service provider, in accordance with the required travel service. The contract between customer and service provider is to be completed, subject to availability of the required service.

(2) In the case of an online booking the customer, having completed and submitted a travel application form, makes the travel agency a binding offer regarding the completion of a travel contract. The 'send' button having been clicked, the offer is submitted. The receipt of the offer will be confirmed promptly via e-mail. The confirmation mail does not constitute a binding acceptance of the offer, i.e. an order confirmation, unless stated explicitly by the broker.

(3) The contract will otherwise result via the sending of an order confirmation e-mail.

(4) The wording of the travel contract is then to be saved and sent via e-mail to the customer together with these General Terms & Conditions and the order confirmation.

(5) The contractual language is english

4 Declarant liability
Should the customer register further persons for the travel service, he/she commits him/herself to avouch for the contractual obligations of those travellers registered, inasmuch as he/she submits a separate declaration together with the travel application.

5 Passport and Visa Information
Advice on passport and visa requirements is provided by the travel agency only in the case of an explicit demand from the customer, unless it be the case that the travel agency is obliged, in agreement with the service provider, to provide such information.

6 Payment
(1) The travel agency is authorized to demand any deposit and outstanding balance, in accordance with the business and sales regulations of the respective providers of the brokered services.

(2) The customer is not entitled to object to payment of the assigned balances on the basis of a default on the travel contract.

7 Limitation of Liability
(1) The liability of the travel agency to claims of the customer, on whatever legal grounds, not resulting from bodily or physical harm, are limited to three times the value of the brokered service, to the extent that the loss was not caused by intentional or negligent behaviour on the part of the travel agency, a legitimate representative or auxiliary person thereof. This limitation of liability does not apply, should the loss result from violation of any constitutive contractual obligation on the part of the travel agency, a legitimate representative or an auxiliary person. An obligation is considered constitutive when the implementation thereof is reckoned to be a pre-condition for the implementation of the contract of travel and in which the customer may thus have every confidence.

(2) The travel agency is not responsible for the proper provision of the brokered services. The respective service providers are solely responsible for the provision, or lack thereof, of the brokered services.

8 Limitation of Time

(1) Claims on behalf of the customer against the travel agency - with the exception of those named in paragraph 2 - are limited to one year.The limitation of time commences with the conclusion of the year, during which time the claim arose and the customer is required, without wanton negligence, to have acquired full knowledge of the causal circumstances and the adverse party involved.

(2) The limitation of time mentioned in paragraph 1 does not apply to claims of the customer relating to bodily or physical harm. Likewise the aforementioned limitation of time does not apply to claims owing to damages which involved intentional or negligent breach of contract on behalf of the travel agency, a legitimate representative or auxiliary thereof or relating to violation of any constitutive contractual obligation. Limitation of such claims corresponds to the relevant statutory provisions.

9 Jurisdiction
Jurisdiction for all legal disputes remains exclusively with the travel agency in the case of the customer being a businessperson.

10 Severability Clause
Should any part of these Terms & Conditions be rendered or declared invalid, such abrogation should not invalidate the remaining regulations thereof, unless the discontinuation of certain clauses disadvantages one contracting party to the extent that their adherence to the agreement may no longer reasonably be expected.

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