General Terms and Conditions for the Brokering of Travels
§ 1 General Rules, Definitions and Performance Range
(1) The company Excursi GmbH (in the following “the platform operator”), represented by the Managing Director, Kirill Sermyagin, operates a platform on the Internet page www.excursiopedia.com which serves to provide consumers (in the following “users”) with tours and excursions on behalf of third party distributors (in the following “provider” or “organizer”).
The platform operator does not organize any tours or excursions of his own in the sense of §§ 651a ff. BGB German Civil Code, nor does he perform any other services brokered. The corresponding contract on the travel services comes into being exclusively between the user and the relevant service provider.
§ 2 Conclusion of Contracts in the Market Place
(1) The brokering of a contract is concluded as follows: The user selects the tour and clicks on the button “Book this Excursion/German: Diesen Ausflug buchen”. Then the user chooses a period for the travel as well as the number or people participating and the language to be used during the tour. Finally the user communicates his contact data. All relevant data as well as the overall price are now displayed once more to the user. Now the user has to select the payment mode. The following modes may be selected: either payment per credit card (Mastercard or Visacard), or transfer of the amount, or payment per Paypal, or the possibility of paying in advance by debiting the account. At the end the user receives a confirmation by e-mail on the basis of which the contract becomes valid.
(2) After the receipt of the money in the account of the platform operator, the traveller receives a voucher to be presented to the performance provider. It serves as proof of the booking and the payment made.
§ 3 Processing of the Contracts Concluded in the Market Place
The processing of the contracts concluded in the market place lies within the responsibility of the performance provider and the user. The platform operator neither takes over any guarantee for the contracts concluded in the market place, nor is he liable for any defects resulting from the excursions traded. The platform operator is not obliged to take care of the implementation of the contracts concluded between the performance provider and the user.
§ 4 Prices
(1) The prices named on the product pages comprise the legal VAT, in as far as this is applicable, as well as other price components. The user may choose from the currencies suggested. The price at the point in time of the currency selected is always invoiced to the user. Exchange rate fluctuations fall into the risk of the platform operator.
(2) No further taxes or expenses are incurred for the tours.
§ 5 Liability of the Platform Operator
(1) The platform operator is liable for damages by the user, caused intentionally or with gross negligent conduct on behalf of the platform operator, as well as for damages arising out of a violation of life, body and health, and for damages according to the product liability law by way of the legal provisions without restrictions. This is also true for damages caused by a vicarious agent or legal representative of the platform operator.
(2) In as far as the platform operator is not liable on the basis of a guarantee accepted, liability for claim for damages is otherwise restricted as follows: The platform operator is only liable for simple negligently caused damages, in as far as these are due to the infringement of essential contractual obligations (cardinal obligations). Cardinal obligations are only such contractual obligations the meeting of which enables the due implementation of a contract, and the adherence of such the contractual partner may trust in. The liability of the platform operator in terms of simple negligence according to this rule is restricted to a typically foreseeable damage. This liability restriction may equally be applied in favor of the platform operator’s agents and statutory representatives.
§ 6 Data Safety
Data of the user are only seized within the context of processing contracts. The statutory provisions of the German Teleservices Act and of the Federal Data Protection Act are observed. Further information may be obtained from the data privacy statement.
§ 7 Final Clause
(1) These General Terms and Conditions are subject to the law of the Federal Republic of Germany. The stringent consumer protection provisions are exempted from this choice of law for the country in which the buyer has its normal place of residence.
(3) In as far as these General Terms and Conditions are submitted in other languages besides the German original – these are translations into other languages serving information purposes merely. The translations are made with great care. In the case of contradictions or deviations the German original shall apply. In the case of interpretation queries the German original version is predominantly applicable.