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General Terms and Conditions for the Mediation of Package Travel

I. General

Welcome to the General Terms and Conditions of Puresurfcamps for the mediation of package travel. In these terms and conditions, we describe the legally and economically applicable rules that arise between us as a travel agent and you as the traveler when you book or inquire about a package trip from the tour operators we mediate through us and our portals.

1. General, Scope of Application

These General Terms and Conditions ("GTC") govern the contractual relationship between Puresurfcamps GmbH, Geretsrieder Straße 10a, 81379 Munich, Germany (hereinafter referred to as the "Travel Agent" and “Travel Intermediary”) and the traveler with regard to the concluded travel mediation contract. The travel agent is not a tour operator but a travel agent within the meaning of § 651v of the German Civil Code (BGB). The travel agent presents travel offers from tour operators to the traveler on its websites and acts as an agent for the conclusion of these travel offers on behalf of the respective tour operator.

2. Travel Mediation Contract - Basics

(1) The travel agent mediates contracts for package trips (a combination of travel services - at least two - at a single price) (hereinafter simply referred to as "Travel") between the traveler and the tour operator. For this purpose, the travel agent presents trips from various tour operators on its website.

(2) The provision of the mediated services as such is not part of the present travel mediation contract. The mediated services are provided by the tour operator or by a third party designated by them (airlines, hotels, bus companies, camps, tour guides, etc.). Parties to the travel contract booked and confirmed via the website of the travel agent for the provision of travel services are generally only the traveler and the tour operator.

(3) If the traveler has chosen a trip on the website of the travel agent, depending on the available options or the type of communication chosen by the traveler, the traveler can submit a free availability request on the website of the travel agent or, by completing the booking process on the website of the travel agent, the traveler submits an unconditional and binding offer to conclude a travel contract. The travel agent usually forwards the request or offer to conclude a travel contract as a representative to the tour operator. If the response to an availability request is positive, the traveler has the opportunity to book the trip according to the criteria submitted by him or the criteria submitted to him by the tour operator. For this purpose, the traveler submits an unconditional and binding offer to conclude a travel contract addressed to the tour operator via the travel agent.

(4) The conclusion of the contract regarding the travel contract with the tour operator only occurs through the acceptance of the offer by the tour operator. The tour operator or the travel agent on behalf of the tour operator will usually send the traveler an email shortly after receiving the offer transmitted by the travel agent to the tour operator, in which they declare the acceptance of the traveler's offer to conclude the travel contract. Only with this declaration by the tour operator has the travel contract been concluded.

(5) The performance and handling of all obligations related to the travel contract are generally the sole responsibility of the tour operator, unless expressly stated otherwise in these GTC or expressly prescribed otherwise by the relevant laws.

(6) For clarification, it should be added that the traveler enters into generally two different legal relationships by carrying out the booking process through the travel agent. On the one hand, he concludes a contract with the travel agent for the mediation of travel services (agency agreement, from which no direct payment obligations of the traveler to the travel agent result). The relevant provisions regarding the rights and obligations of this travel mediation contract are based on these GTC. On the other hand, by completing the booking process, the traveler submits an offer to conclude a travel contract addressed to the tour operator through the travel agent. The respective provisions (in particular the GTC) of the respective tour operator apply to this contractual relationship, about which the traveler is clearly informed by the tour operator within the booking process.

3. Booking Process

(1) The traveler selects a suitable trip for him on the website of the travel agent. The respective presentation of a trip generally contains all necessary information for the traveler about the components and characteristics of the travel services.

(2) Once the traveler has chosen a trip, he can, if technically possible, complete the online booking or inquiry form (also "booking process") provided by the travel agent.

(3) During the online booking process, the traveler is immediately informed about the availability of the selected trip. In the booking process via the inquiry form, the traveler will be informed shortly after his inquiry by telephone or email whether the trip he has chosen is available.

(4) As part of each booking process, the traveler is always given the opportunity before completing the booking to inform themselves about the terms and conditions applicable to the respective travel contract with the respective tour operator (the tour operator's terms and conditions) as well as all other information about the trip (such as characteristics, tour operator, travel price, payment methods, minimum number of participants, passport and visa requirements, cancellation conditions, travel cancellation insurance, forms for package tours). These must be accepted by the traveler in order for them to conclude the booking process by submitting their offer to conclude a travel contract.

(5) For clarification, it should be noted that the traveler must accept both the terms and conditions of the travel intermediary and the terms and conditions of the tour operator to conclude the booking process, regardless of the method used. However, the traveler incurs no payment obligations in relation to the travel intermediary. The terms and conditions of the travel intermediary apply only to the contract for the brokerage of travel services concluded between the traveler and the travel intermediary.

(6) The online booking process is completed by clicking the "Book now" button. With this, the traveler also submits their binding offer to conclude a travel contract to the tour operator. In the booking process following an inquiry via the online form, the traveler submits a binding offer to conclude a travel contract to the tour operator by notifying them of the use of the proposed trip. The travel intermediary acts as an agent to transmit the offer to the tour operator. The traveler is bound to their offer. Usually, the traveler receives an email confirmation of the receipt of their offer from the travel intermediary shortly after completing the booking process. This acknowledgment of receipt generally does not constitute a binding acceptance of the offer unless expressly stated otherwise in the acknowledgment of receipt.

(7) Typically, however, the traveler's offer to conclude the travel contract is accepted with a separate confirmation email from the tour operator or the travel intermediary acting as the tour operator's agent, explicitly stating the acceptance of the offer.

(8) In the event that the tour operator rejects the traveler's offer to conclude a travel contract, the traveler has no claim against the tour operator or the travel intermediary to provide the services. In this case, the traveler also has no claim for damages against the tour operator or the travel intermediary. Any differing provisions regarding the traveler's claims against the tour operator are governed by the tour operator's terms and conditions.

4. Payment Modalities

(1) The total price to be paid by the traveler for the selected travel services is always communicated by the travel intermediary in connection with the booking. This price generally includes all taxes and fees, as well as the presentation of any separately payable additional services.

(2) The payment of the total price for the booked trip incurred by the traveler, if to be made to the travel intermediary, is made to the travel intermediary as the recipient authorized by the tour operator via the payment methods and payment modalities provided by the travel intermediary for this purpose. The travel intermediary is authorized by the tour operator to accept payments on behalf of the tour operator as their collection agent. In this case, the traveler receives the security certificate pursuant to § 651r BGB & Art. 252 EGBGB before payment to the travel intermediary.

(3) The traveler is informed about the applicable payment modalities and conditions for the respective trip either during the booking process on the travel intermediary's website or in the tour operator's terms and conditions, which are made available to the traveler as part of the booking process.

5. Rights and Duties of the Travel Intermediary

(1) The scope of the travel services booked by the traveler is determined by the description of services on the travel intermediary's website, as well as the references thereto in the confirmation email regarding the receipt of the offer to conclude a travel contract.

(2) The travel intermediary is not responsible for the information regarding the scope of the travel services. The information about the scope of the travel services is provided by the travel intermediary from the tour operator and is merely made available on its website. The travel intermediary is also not responsible for discrepancies between the information about travel services on its website and the information about travel services in a confirmation email that should be provided by the tour operator.

(3) In particular, the travel intermediary is not responsible for discrepancies between the travel services displayed on its website and those actually provided by the tour operator to carry out the trip. The travel intermediary has no influence on this.

(4) Changes to the travel services that become necessary after the offer to conclude the travel contract has been submitted are generally communicated to the traveler by the tour operator. The performance of the trip despite/due to changed travel services or the binding nature of the contract lies exclusively with the contracting parties of the travel contract. The travel intermediary is not responsible for this.

(5) The travel intermediary is also not responsible, to the extent that it is not responsible for the respective error, for typographical errors, printing errors, or calculation errors in the presentation of travel services on its website.

In principle: Information about mediated transport or other tourist services is based solely on the information provided by the responsible tour operators to the travel intermediary. The travel intermediary only presents this information on its website. They do not constitute the travel intermediary's own statement or assurance to the traveler. With regard to the mediated services, the travel intermediary is not liable for the provision of services by the tour operator, but only for the proper transmission of the information transmitted to it by the traveler to the respective tour operator when the mediation order is issued.

The regulations of § 651x of the German Civil Code (BGB) also apply.

(6) The travel intermediary points out that the automatically triggered email, which is sent directly after a booking to the email address provided by the traveler, does not constitute a booking confirmation, but only serves to verify the entered data.

(7) The travel intermediary assumes no liability for the uninterrupted availability of the system and the website, as well as for system-related interruptions, failures, and disruptions of the technical facilities and services of the travel intermediary. Liability is expressly excluded, in particular for the failure of communication networks and gateways.

6. Cancellation, Amendment, Name Change

(1) Provisions regarding the right of cancellation or termination, the right to amend individual travel services or the entire trip, as well as the right to change travel participants and other travel services, can only be found in the general terms and conditions (AGB) or other representations of the tour operator. The traveler is clearly informed about this during the booking process on the travel intermediary's website.

(2) The manner and modalities of exercising these rights are, subject to the provisions of § 651v (3) BGB in connection with § 651i BGB, which apply if the tour operator is not domiciled in a member state of the European Union or another contracting state of the Agreement on the European Economic Area, exclusively a matter for the parties to the travel contract, i.e., the traveler and the tour operator. The travel intermediary does not accept or forward cancellations, terminations, amendments, or change requests or declarations to the respective tour operator.

7. Travel Documents

The traveler will receive, in addition to the pre-contractual information obligations and the obligation to transmit necessary documents to the traveler, his travel documents, which entitle him to use the travel services of the tour operator, generally only after the offer to conclude the travel contract has been accepted by the tour operator and after the respective applicable payment modalities have been fulfilled. Further details are regulated by the terms and conditions of the tour operator.

8. Insurance

(1) Travel insurance is generally not included in the travel price, unless the traveler has expressly booked it as part of the booking process.

(2) The travel intermediary recommends that all participants in the trip take out travel insurance, especially travel cancellation insurance and foreign health insurance. These insurances can be booked directly with the tour operator as well as possibly with third-party companies.

9. Limitation of Liability

(1) The liability of the travel intermediary arising from the travel intermediary contract concluded between it and the traveler, regardless of the legal basis, for damages to the traveler that do not result from injury to life, body, or health, is limited to the extent of the damages typically foreseeable at the time of the conclusion of the contract, provided that the damage was not intentionally or grossly negligently caused by the travel intermediary or by a legal representative or vicarious agent of the travel intermediary.

(2) This limitation of liability does not apply to the extent that the damage is based on a culpable breach of essential contractual obligations by the travel intermediary or by a legal representative or vicarious agent of the travel intermediary. A contractual obligation is an obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the traveler can regularly rely.

(3) The travel intermediary is not liable for claims for the provision of the mediated travel services itself. For the proper provision of the travel services as well as for the handling of claims for defects or other poor performances or damage situations in connection with the mediated travel services, the respective tour operator is exclusively responsible, subject to the provisions of § 651v (3) BGB in connection with § 651i et seq. BGB, which apply if the tour operator is not domiciled in a member state of the European Union or another contracting state of the Agreement on the European Economic Area. Should the tour operator therefore not be domiciled in a member state of the European Union or another contracting state of the Agreement on the European Economic Area, the traveler can also assert the rights resulting from § 651i et seq. BGB against the travel intermediary, provided that the travel intermediary cannot prove that the tour operator has properly fulfilled these obligations. The travel intermediary has the right to transfer the handling of the rights and obligations arising from § 651i et seq. BGB to the tour operator, provided it is clarified that the tour operator can fulfill the corresponding obligations properly.

(4) In all other cases, however, the travel intermediary is entitled and willing to accept the traveler's notifications of defects. The travel intermediary will then forward these directly to the tour operator and request the appropriate processing or defect rectification.

10. Traveler's Duty to Cooperate

(1) Both the traveler and the travel intermediary are obliged to check documents relating to the package travel arranged by the intermediary for accuracy and completeness, especially regarding booking confirmations, flight tickets, hotel vouchers, visas, insurance certificates, and other documents relating to the arranged package travel, in particular for conformity with the booking and the mediation order.

(2) After identifying any obvious errors or defects in the intermediary's brokerage activity, the traveler must immediately notify the intermediary thereof. This includes, in particular, incorrect or incomplete personal data, other information, explanations, and documents concerning the arranged package travel, as well as the incomplete execution of brokerage services (e.g., non-made bookings or reservations).

(3) If the traveler fails to fulfill this duty to cooperate:

a.     If the traveler's notification according to Clause 10.1 is omitted without fault, his claims do not lapse.

b.     Claims of the traveler against the travel intermediary shall lapse to the extent that the travel intermediary proves that the traveler would not have suffered any damage or not in the amount claimed by the traveler if the traveler had reported the defect properly. This applies in particular if the travel intermediary proves that immediate notification by the traveler would have enabled the travel intermediary to rectify the defect or reduce the damage, e.g., by rebooking, additional booking, or cancellation, with the arranged tour operator.

c.     Claims of the traveler in case of a missed notification according to Clause 10.1 do not lapse in the event of damages resulting from the injury to life, body, or health that result from an intentional or negligent breach of duty by the travel intermediary or a legal representative or vicarious agent of the travel intermediary; in case of claims for compensation for other damages resulting from an intentional or grossly negligent breach of duty by the travel intermediary or a legal representative or vicarious agent of the travel intermediary; in case of a breach of an essential contractual obligation. An essential contractual obligation is an obligation whose fulfillment enables the proper execution of the brokerage contract at all or whose violation endangers the achievement of the purpose of the contract.

11. Jurisdiction & Applicable Law

If the traveler is a merchant, the place of business of the travel intermediary is the place of jurisdiction. Otherwise, the statutory provisions apply to determine the place of jurisdiction. This contract and all disputes arising from it are subject to the law of the Federal Republic of Germany, excluding the UN Sales Convention.

12. General

Information on online dispute resolution: We would like to point out the possibility of online dispute resolution (so-called "OS platform"). Consumers can use the OS platform as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts. The OS platform can be reached at the following link: http://ec.europa.eu/consumers/odr. The travel intermediary is not willing to participate in dispute resolution proceedings via this OS platform.

Note on § 36 VSBG: The travel intermediary does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.

13. Severability Clause

If any provision of these terms and conditions is or becomes invalid or unenforceable, the remaining provisions of these terms and conditions shall remain unaffected, unless the elimination of individual clauses would unreasonably disadvantage one of the contracting parties to the extent that adherence to the contract can no longer be reasonably expected.

II. Regulations on the Digital Services Act

The following regulations are made because we are obliged to do so due to the "Digital Services Act," the EU Regulation "(EU) 2022/2065 on a Single Market for Digital Services of the European Union." The Digital Services Act aims to establish rules that create a safe, predictable, and trustworthy environment for individuals using platforms and websites (hereinafter "platforms") like ours. The Digital Services Act regulates, in particular, the handling of illegal content on our platform and obliges us to take specific measures, which we further detail in these "Regulations on the Digital Services Act."

1. Moderation & Justification of Deletion of Illegal Content

(1) We delete, block, or restrict illegal content on our platform. "Content" means any information, regardless of its nature. This information is "illegal" if it violates our terms and conditions, service descriptions, guidelines, or applicable law.

(2) Illegal content can be reported by users, customers, partners, or third parties. For the procedure for such a reporting process, see section 2 "Reporting and Remedial Procedure."

(3) Insofar as reported or self-detected content is illegal, and we have deleted, blocked, or restricted it, we justify our decision to delete, block, or restrict this content and any suspension or termination of the entire or partial provision of our services to the person who published the illegal content, except for misleading, extensive commercial content. In this justification, we provide the following points in particular:

a) Information on whether our decision affects the removal of the information, the blocking of access to the information, the downgrading of the information, or the restriction of the display of the information, or the suspension or termination of payments associated with this information, or other measures mentioned in connection with the decision, and the possible geographical scope of the decision and its duration;

b) Facts and circumstances on which our decision is based, including whether our decision was made as a result of a report or as a result of voluntary investigations on our own initiative and, if absolutely necessary, the identity of the reporting person;

c) Information on whether automated means of decision-making were used, including whether our decision regarding content was made using automated means of detection;

d) If our decision concerns only "presumably" illegal content, a reference to the legal basis and explanations as to why the information is considered illegal content on this basis;

e) If our decision is based on the presumed inconsistency of the information with our terms and conditions, a reference to the relevant contractual provision and explanations as to why the information is considered inconsistent therewith;

f) Information on whether the affected person has remedies against the measure, in particular - depending on the circumstances - internal complaints management procedures, out-of-court dispute resolution, and judicial remedies.

(4) If a criminal offense has been committed by the publication of illegal content, or if the commission of a criminal offense is suspected in this regard, we immediately inform the law enforcement or judicial authorities of our suspicion.

2. Reporting and Remedial Procedure

(1) We examine illegal content as soon as we become aware of a suspicion of the publication of this illegal content. Awareness occurs either through our own review or through a report of the respective content to our central contact point (see below Section 3).

(2) The reporting of illegal content is possible directly online. Reports are to be addressed exclusively to our central contact point (see below Section 3) and must contain at least the following information:

a.     A sufficiently substantiated explanation of why the reporting person or institution considers the information in question to be illegal content;

b.     Clear indication of the exact storage/find location of the content, e.g., by precise URL, as well as other useful information for the identification of the content, e.g., screenshots, annotations, etc.;

c.     Names and email addresses of the reporting person/entity, unless it concerns offenses related to sexual abuse, sexual exploitation, child pornography, contacting children for sexual purposes; including incitement and aiding and abetting or attempting any of the aforementioned offenses (see EU Directive 2011/93/EU, Arts. 3 to 7);

d.     A declaration that the reporting person or institution is in good faith convinced that the information and statements contained in the report are correct and complete.

(3)        We promptly send the reporting person/entity an electronic acknowledgment of receipt of the report to the contact details provided.

(4)        We examine the reports received promptly, carefully, free of arbitrariness, and objectively and decide whether the reported content, without a detailed legal examination, is illegal and act accordingly. If the reported content is found to be illegal, we will immediately delete, block, or restrict it and, if necessary, take further measures mentioned in Section 1 paragraph 3.

3. Central Contact Point for Communication

We have established a central contact point for communication. This is responsible for receiving electronic reports of suspected illegal content from reporting individuals and for inquiries from authorities or third parties relating to the handling of illegal content. Please note the requirements of Section 2 for the content of reports. All persons, authorities, or other entities (press, affected parties, etc.) can report illegal content directly online with our procedure at:
meldung-dsa@puresurfcamps.com
We will then take care of all reports within the framework of the process outlined in Sections 1 to 3.

As of: February 2024

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