General Terms and Conditions for Travel Brokerage
These general terms and conditions govern the legal relationship between Puresurfcamps GmbH and the customer if and insofar as travel programs or individual tourist services are arranged on behalf of a third-party provider.
A right of withdrawal from contract exists according to §§ 312 ff BGB with regard to travel contracts only if these contracts have been concluded outside of business premises (e.g. at the customer's home), and even in this case only if the respective oral negotiations have not taken place following an order by the customer as a consumer. Otherwise, the statutory cancellation and termination regulations apply, cf. e.g. sections 6 and 7 of these terms and conditions
1. Brokerage of a contract by Puresurfcamps GmbH / conclusion of the brokered contract
a. If Puresurfcamps GmbH expressly arranges travel programs or individual tourist services (e.g. flights, rental cars, etc.) as an agent for third-party providers, Puresurfcamps GmbH is solely obliged vis-a-vis the customer to provide proper brokerage, not the brokered service itself (agency contract according to §§ 675, 631 ff BGB ). The conclusion of the brokered contract and its content is based on the relevant legal provisions and, if applicable, on the general terms and conditions of the respective contractual partner, provided that these general terms and conditions are validly incorporated in the contract.
b. The contractual liability of Puresurfcamps GmbH from a brokerage contract for damage, excluding physical injury, shall be limited to thrice the price of the brokered services, provided that the damage was neither caused intentionally nor gross- negligently by Puresurfcamps GmbH. In the case of physical injury, intentional or gross-negligent damage ´the liability of Puresurfcamps GmbH shall be unlimited.
2. Data Privacy / Executive Air Carrier
Since its entry into force on May 25, 2018, the General Data Protection Regulation (GDPR)grants rights to information, correction, deletion, restriction of processing and data portability according to Art. 15 to Art. 20 GDPR as well as the right to lodge a complaint with a supervisory authority according to Art. 77 GDPR: The name of the Managing Directors of PureSC (responsible according to GDPR) can be found at the end of these travel conditions.
b. The data of the travellers recorded upon registration will only be used to process the booking and for customer care. Attention is explicitly drawn to the right to object in accordance with Section 28 (4) of the Federal Data Protection Act; a brief notification to the address provided at the end of the conditions is sufficient.
c. The EC Regulation No. 2111 as of December 14, 2005 obliges tour operators, travel agents and brokers of transport contracts to disclose to the traveller the identity of each operating airline prior to the relevant air transportation as soon as it is certain. If this is not yet the case upon booking, the airline that is likely to operate must be specified first. If the operating airline changes after the booking has been made, the customer must be notified immediately.
d. The up-to-date list of airlines against which an operating ban has been issued in the EU (blacklist) can be found on the website ec.europa.eu/transport/air-ban/list_de.htm
3. Damage and loss of luggage
Loss or damage must also be immediately reported to the transport company, as international agreements and legal provisions stipulate additional exclusion periods (in addition to those mentioned in these conditions). The transport company is obliged to issue a written confirmation (e.g. referred to as “Lost Report” for air transport). Customers are advised to ensure that they receive such a document and to keep it in a safe place.
4. Passport, visa and health regulations
a. The information provided by Puresurfcamps GmbH as a broker upon booking about such provisions relates to the status-quo at this time for German citizens of the EU state, in that the trip is offered for booking without taking personal circumstances into account, unless special information has been provided.
b. It is explicitly referred to the fact that there is always the possibility of a subsequent change to these provisions. PureSC will do its utmost to inform travellers of any changes as soon as possible. However, travellers are advised to follow the news media themselves in order to be able to prepare for any changes at an early stage.
c. The traveller is supposed to familiarise themselves with infection and vaccination protection and other prophylactic measures in good time; if necessary, medical advice should be sought on thrombosis and other health risks. General information is provided by the health authorities, doctors with travel medicine experience, travel medical information services or the Federal Center for Health Education (Bundeszentrale für gesundheitliche Aufklärung).
d. In the event of complications resulting from the aforementioned statutory rules and regulations that prevent or impair the traveler´s participation in the trip, the customer shall however not be entitled to withdraw from the travel contract free of charge. It is prerequisite for the withdrawal from contract that Puresurfcamps GmbH on its part is able and willing to provide the service and is in no way at fault as to the aforementioned complications. Mutual claims resulting from culpable conduct remain unaffected, unless said claims are subject to the limitations of liability under these general terms and conditions for travel brokerage.
PureSC particularly recommends the conclusion of a travel cancellation insurance and an insurance to cover the costs of care and eventual repatriation in the event of accident, illness or death, and will be happy to provide you with appropriate offers from HanseMerkur Reiseversicherung AG, Siegfried-Wedells-Platz 1, 20354 Hamburg.
Managing Directors: Stefan Brill & Christian Ehmann
Geretsrieder Str. 10 A
Tel.: +49 (0) 89 599 88 365
Data Security Officer: firstname.lastname@example.org
Munich Registry of Companies:
VAT ID: DE 281397497
Account No: 0018459620
BIC (Swift): HYVEDEMM448