General terms and conditions Hamburg Travel GmbH

Dear Hamburg guest,

Please give the following terms and conditions of procurement your attention. They determine the legal relationship between you and us, the Hamburg Travel GmbH (hereinafter called Hamburg Travel). These terms and conditions of procurement are a component of the procurement agreement entered into with Hamburg Travel as the procurer of hotel accommodations and other services.

1. Subject of procurement

Hamburg Travel procures overnight accommodation and other services, such as e.g. tickets, via an electronic reservation system.

Hamburg Travel produces no services of its own with this activity, but rather procures them on behalf of and for the account of third-party companies, hereinafter called service providers. The agreement concerning the booked service therefore comes into being exclusively between the customer and the service provider. Hamburg Travel and the customer are bound solely by a procurement agreement.

The scope of the service procured arises from the booking confirmation. Subagreements that change the scope of the contractual service require confirmation.

2. Booking and conclusion of the agreement

2.1.
With your booking with Hamburg Travel, you are legally agreeing to the conclusion of an agreement (e.g. for hotel bookings of an accommodation agreement) with the service provider and to the conclusion of a procurement agreement with Hamburg Travel, taking these terms and conditions of procurement into account.

2.2.
The booking is carried out electronically over the Internet.

2.3.
The agreements named in Clause 2.1 come into being upon the acceptance of your application by Hamburg Travel in Hamburg. You will be informed of the acceptance, for which there is no pre-set form, immediately upon the conclusion of the agreement through a booking confirmation that will be displayed at the end of the booking procedure. You will have the opportunity to print out this booking confirmation after the conclusion of your booking.

2.4.
The data provided to Hamburg Travel will be protected in accordance with the legal rules and regulations.

3. Payment and processing for accommodation services

3.1.
Payment of the accommodation price indicated on the booking confirmation occurs upon arrival directly in the hotel – with the exception of a booking in accordance with Clause 3.2 below. Your credit card, to be given during your booking, will only be charged if you are unable to use the reservation and do not cancel within the agreed time limit (see Clause 5.).

3.2.
For a bookings at special rates (e.g. early-bird or last-minute rates), however, your credit card will be charged by the hotel immediately after the booking. This will be pointed out to you during the booking.

4. Payment and processing for admission tickets

The amount indicated on the booking confirmation is to be paid directly to Ticketcorner GmbH after your booking. After payment has been received by Ticketcorner GmbH, the tickets booked will be sent to you.

5. Withdrawal / Cancellation

5.1
You can withdraw at any time by stating your intent to Hamburg Travel. Your statement of withdrawal should include the booking number. Receipt of your withdrawal by Hamburg Travel is authoritative. We recommend you withdraw in writing.

5.2.
If you have booked a hotel, you can cancel this booking free-of-charge – with the exception of the bookings named in Clause 5.3 below – up until 6:00 p.m. on the day preceding your scheduled arrival. If you cancel after this point in time or you do not make use of the booked room without having cancelled within the above-mentioned timeframe, the service provider can require reimbursement of its expenses. In calculating the reimbursement of expenses on the part of the service provider, the usual saved expenses and the income from renting the room to others are to be taken into account. The cancellation fee is due immediately.

5.3.
For a hotel bookings at special rates (e.g. early-bird or last-minute rates), the full accommodation price is to be paid in the event of rescission. This will be pointed out to you during the booking.

5.4.
If admission tickets are cancelled, the entire amount indicated on the booking confirmation is to be paid.

5.5.
You are at liberty in all cases to prove that no damages were incurred or that the damages incurred by the hotel were substantially lower than the flat rate required of you as a result of your withdrawal. In this case, you are required to pay the lesser costs, or if no damages were incurred, you are not required to make any payment.

6. Guaranty / Liability

6.1.
Hamburg Travel is solely procurer of third-party services and does not vouch for the orderly execution of the procured third-party services, but rather vouches solely for the orderly procurement of the above-mentioned third-party services. Hamburg Travel is not liable for the non-performance or poor performance of the procured agreement.

6.2.
The liability of Hamburg Travel is limited to intent and gross negligence. Liability for slight negligence is excluded. The preceding liability exclusion does not apply to injuries to life, body or health.

6.3.
Claims due to non-performance of services in accordance with the agreement are to be directed immediately and exclusively to the respective accommodation company or event organizer. Should the information contained on the reservation confirmation or the admission ticket be insufficient for the identification of the accommodation company or the event organizer, the necessary information can be obtained from Hamburg Travel.

7. Severability clause

Should any provision of these terms and conditions of procurement be or become null and void, the validity of the remaining provisions hereof shall in no way be affected. The null and void provision is to be replaced by a legal one.

8. Court of jurisdiction

Suits against Hamburg Travel are to be brought at its registered seat. For suits on the part of Hamburg Travel against you, your place of residence is definitive, unless the suit is directed against general merchants or persons who after concluding the agreement have moved their place of residence or usual domicile abroad, or whose place of residence or usual domicile at the point in time of the institution of legal proceedings is not known. In these cases, the registered seat of Hamburg Travel is authoritative.

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