Conditions for placement of bookings for tourist services at travel agencies/related service institutions
The following conditions (“conditions”) govern the contractual relationship between the user and HolidayCheck AG regarding HolidayCheck AG’s placement of tourist service bookings - in the following also “the booking service” (particularly booking of package tours, hotels/resorts, car rent, flights, train tickets) - with various travel agencies and related facilities/service institutions, in the following “travel agencies”.
By making a contractual offer for the booking service and/or the tourist services the user is assuring that he is of legal age to form a binding contract.
These conditions are applicable at all events, even if the user is not resident in Switzerland or/and is not a Swiss citizen.
I.Content of contract
Regarding tourist services HolidayCheck AG acts as a “booking placement agent” for such services. The booking service itself is provided free of charge. The contractual obligation of this first contract (in the following “1. contract”) is restricted to correct placement of bookings (booking itself, reservation of services, transfer of tickets and papers, forwarding of communication/papers from travel agencies to users and vice versa). HolidayCheck AG is not responsible for provision of the tourist services, such as transfer, hotels, flights, activities, etc. HolidayCheck AG is not obligated to verify the respective information displayed on these web pages (www.holidaycheck.ch, www.holidaycheck.de, www.holidaycheck.at, www.holidaycheck.com, www.holidaycheck.fr, www.holidaycheck.it, www.holidaycheck.es, www.holidaycheck.pl – in the following “these web pages”) which has been made exclusively available to HolidayCheck AG by various travel agencies. In case a tourist service is available and a booking is accepted by the respective travel agencies the contract concerning the tourist service (in the following “2.contract”) is exclusively established between the user and the relevant travel agencies.
These conditions solely apply to the 1. contract and do not have any impact on the conditions which are set by the travel agencies for the 2. contract. In case of conclusion of a 2. contract the possibly varying conditions of the respective travel agencies may apply also. As far as services of foreign travel agencies are (to be) booked any foreign legislation might be applicable for the 2. contract.
Furthermore HolidayCheck AG is neither obliged to influence the travel agencies to accept offers for the 2. contract from users nor is HolidayCheck AG capable of doing so.
II.Conclusion of contract
The assignment for the placement of bookings at various travel agencies may happen orally, via email, fax or online services. With such an assignment the user makes a binding offer for the 1. and 2. contract. In case HolidayCheck AG accepts the offer for the 1. contract without any reservation the 1. contract is concluded. HolidayCheck AG may accept the offer orally, via email, fax or online services. HolidayCheck AG is not obliged to accept any offer. “Offers” displayed on these web pages do not represent binding offers.
These conditions do not only apply to the assigning user but also to all users who are registered for the relevant tourist service.
Special requests from users will be forwarded to the travel agencies which will decide and inform the user about acceptance or rejection.
The 1.contract is saved by HolidayCheck AG and may be viewed upon request.
In the event of any insufficiency/faults of performance regarding the 1. contract please notify HolidayCheck AG immediately so relief can be produced as soon as possible. In case such a notification culpably does not happen any claims/demands concerning such insufficiencies/faults are omitted as far as a remedy could have been found.
Since the provision of the tourist services (hotels, activities, transfer, flights, food etc.) is not part of HolidayCheck AG’s contractual duties HolidayCheck AG shall not be liable in this respect particularly not regarding the performance/execution and quality of booked tourist services. HolidayCheck AG is solely liable for proper placement of bookings and related tasks, such as reservations, bookings, forwarding of communication and papers between users and travel agencies and vice versa and information about the relevant booked services.
HolidayCheck AG is not liable for damages resulting from force majeure. This for example includes but is not limited to war and alike situations, assaults, skyjacking, industrial actions, natural disasters, fire, power failures and measures/actions taken by government/state authorities. Moreover, any liability of HolidayCheck AG is excluded in case breach of contract or non-complying with duties related to the contractual relationship result from failures/neglection of the user or from events and/or actions of a third party, which was/were not predictable or avoidable despite of required care/attention.
For personal injury that results from breach of contract or non-complying with duties related to the contractual relationship HolidayCheck AG shall only be liable in the framework of these conditions, Swiss laws and compellingly applicable international agreements.
For further damages that result from breach of contract or non-complying with duties related to the contractual relationship HolidayCheck AG shall only be liable for guaranteed features/quality, non-complying with main contractual duties and in cases of intentional or gross negligent causation of damages. In any case liability is restricted to twice the amount of the price for the relevant booked service per person, as long/far as guaranteed features/quality and cases of intentional or gross negligent causation of damages are not involved/concerned. In addition HolidayCheck AG shall only be liable for direct and predictable damages. An indemnification of indirect damages for example loss of profits or goodwill is excluded.
The user has to assert claims concerning the 1. contract, especially concerning indemnification of damages within a period of four weeks after the contractually determined end/termination of the booked service. A later assertion shall only be possible in case the user has missed the deadline without fault. At all events claims have to be asserted within a one year period.
Less liability, exclusion of liability and statute of limitations in national laws and applicable international treaties/agreements stay untouched.
V.Prohibition of cession
Any cession of users` claims against HolidayCheck AG shall be prohibited. Such prohibition in particular includes claims resulting from breach of contract or non-complying with duties related to the contractual relationship, unjustified enrichment and unlawful act.
VI. Payment for tourist services to travel agencies
As far as HolidayCheck AG issues invoices for booked services and collects payments this only happens on behalf and on account of the relevant travel agencies.
Consequently, the following information originates from such travel agencies and has been made available to HolidayCheck AG by them.
Booked services have to be paid before they are used and at the latest when booking papers, reservations etc., and tickets are issued. In case payment does not occur at this point papers will not be issued. But the user is still obligated to pay. In case a deposit/down payment is required this and its modalities will be determined on the booking confirmation. The possible ways of payment – that vary - will also be explained on this confirmation. In case payment with credit card or direct debiting is possible and chosen the user grants HolidayCheck AG or the relevant travel agency the right to collect the owed payment via credit card number or forward the necessary data to the relevant travel agency. Concerning data protection HolidayCheck AG draws attention to its data protection guidelines located on these web pages.
VII. Tickets, related and further papers, booking confirmation
The 2. contract is usually concluded when the user receives the booking confirmation. The user is obligated to check the booking confirmation promptly and to inform HolidayCheck AG about possible divergence or incompleteness within a two day period. This especially applies to divergence of exact spelling and completeness of names. In case HolidayCheck AG is notified of divergence and incompleteness beyond the deadline the user is in particular not entitled to withdrawal of contract.
Tickets and further required papers will be sent to the user by mail or will be handed out at the flight desk in case the trip/flight occurs in a short term period.
Details may be viewed in the conditions of the relevant travel agencies.
VIII. Changes in booking, cancellation
Modalities for cancellation and changes in booking are handled pursuant to the relevant conditions of service of the respective travel agencies. HolidayCheck AG refers to those.
In general the user may cancel booked services before having used the services at any time. In this case cancellation fees up to 100% of the price for the service may be charged. The exact fees are listed in the conditions of service of the respective travel agencies.
In case a user wants to change bookings and/or cancel services this is to be communicated solely to HolidayCheck AG. HolidayCheck AG will forward such communication to the relevant travel agencies for consideration/investigation. Cancellation and changes in booking may be communicated to HolidayCheck via fax, Email – firstname.lastname@example.org - or mail. A change in booking means cancellation of the service and booking of a new one. This may only vary in case the relevant travel agency has expressly determined divergent modalities.
IX. Regulations for visa, passport, customs, currency and health
HolidayCheck AG draws attention to the fact that every user is responsible for compliance with regulations for being able to use the relevant services. This particularly means compliance with immigration and health regulations and also vaccination necessities, regulations for currency, passport and visa. The same applies to any further necessary travel documents. As far as HolidayCheck AG is legally/statutory obliged to inform the user about such regulations this will be done to best knowledge, but HolidayCheck AG does not guarantee for such information. Such regulations may be modified by authorities/government at any time. Consequently HolidayCheck AG recommends getting in touch with such authorities before binding offers for above described contracts are made in order to gather necessary information and avoid disadvantages.
It is very important to make sure that personal data, especially names in passports and related documents correspond to those in tickets, booking papers and related documents.
Any disadvantages, in particular payment of cancellation fees, which result from non-compliance with this information/any applicable regulations and/or rejection of the user are not to be borne by HolidayCheck AG. The same applies to costs for visas and related fees.
The prices for services do not include fees for insurance nor insurance itself. HolidayCheck AG recommends any user to take out insurance for travelling (abroad), cancellation fee insurance and insurance for baggage. Such insurances may be arranged/found by HolidayCheck AG.
XI. Entire Agreement
These conditions constitute the entire agreement between the user and HolidayCheck AG concerning HolidayCheck AG`s activities as a booking placement agent for the user and anything related to this contractual relationship, superseding any relevant prior agreements between HolidayCheck AG and the user.
XII. Modification of these conditions
HolidayCheck AG reserves the right to modify, add or renew these conditions at any time, without prior notice or any notice at all, for any or no reason. On these web pages the current/updated version is provided. By further use of services the user is consenting to be bound by the current version.
XIII. Governing law
These conditions and the relationship between the user and HolidayCheck AG established through HolidayCheck AG acting as a booking placement agent and the user shall be governed by the laws of Switzerland. This does not apply in case of conflict with European or internationally compelling laws for consumer protection or a conflict with international agreements.
Any user and HolidayCheck AG agree to submit to the exclusive jurisdiction of the courts located within the county of Thurgau, Switzerland in case the user is a trader, does not have a general forum in Switzerland, has changed his place of residence or main presence to another country than Switzerland after conclusion of contract or whose place of residence or main presence is unknown at the moment of filing of action. This also applies to passive lawsuits.
This does not apply in case international agreements provide something different or in case of a conflict with European or internationally compelling laws for consumer protection.
XIV. Further notice/Validity of conditions
In the event that part or all of these conditions do not correspond to valid laws the other parts stay untouched in their validity and invalid parts shall replaced by such that correspond to valid laws and the intended aim of both parties.
The section titles are only provided for your convenience and do not have any legal effect.
This translation is also only provided for your convenience. In case of doubt the Swiss conditions shall be applicable.