ACTIVITY AS A TRAVEL AGENT
The following general terms and conditions (GTC) regulate the contractual relationships between the traveler and the brokerage activity provided by DNA Tours GmbH / RiverCruiseKing.com (hereinafter "RB"). The following general terms and conditions of RB apply exclusively to the brokerage contract. The validity of any general terms and conditions of the traveler is hereby expressly rejected.
RB offers the traveler all travel services of various tour operators and service providers (e.g. for individual travel services or connected travel services) exclusively for the mediation as a travel agent, an agent for connected travel services or an agent for individual travel services.
By booking RB, the traveler issues the brokerage order. RB accepts the brokerage order of the customer in text form, in writing or verbally (by telephone).
For the travel contract brokered by RB between the traveler and the respective tour operator or service provider (hereinafter also referred to as "provider"), only the terms and conditions of the respective provider are authoritative. The general terms and conditions of the respective providers are displayed or made known before the trip is booked and must be expressly confirmed by the participant / traveler. If there are no terms and conditions of a provider (e.g. for scheduled flights), the respective tariff regulations of the airline apply, about which the traveler has obtained knowledge before booking.
MEDIATION ORDER AND TERMS OF PAYMENT
With the booking, the traveler gives RB the legally binding order to mediate certain travel services for the traveler with a certain provider.
In legal terms, the booking is the traveler's offer to the provider to conclude a travel contract. RB transmits this to the provider. The transmission by RB does not represent an acceptance of the traveler's offer to conclude a travel contract with the respective provider. The provider decides on its own responsibility about acceptance. If he accepts the traveler's offer, the traveler will receive a written travel confirmation or travel confirmation in text form.
As an intermediary, RB is not obliged to pay the travel price to the provider for the traveler. Disadvantages of the traveler, which are caused by a late payment by the traveler, must be borne by the traveler himself.
Invoices that are issued and collected by RB (travel agency collection by RB) are made in the name and for the account of the provider. Invoices are to be paid on the date shown on the invoice.
When arranging a package tour, in cases of travel agency collection by RB, the security certificate according to § 651r BGB is handed over before payment. When arranging related travel services, RB will provide the customer money protection required in accordance with Section 651 w (3) of the German Civil Code (BGB) and issue the traveler with the associated security certificate.
Travel documents are handed over to the traveler, sent by post or, in individual cases, deposited with the service providers of the respective provider (airlines, hotels, rental car companies, etc.). The traveler bears the risk of transmission.
If the traveler wishes the travel documents to be sent by courier, the traveler must bear all costs incurred as a result. The traveler bears the risk of transmission.
If the traveler wishes RB to arrange travel insurance, RB will send the traveler the insurance documents by handing them over personally, by email or by post. The insurance documents usually consist of the insurance conditions and an insurance number.
In his own interest, the traveler is asked to immediately check the documents given to him by the travel agency for correctness and, if discrepancies are found, to inform the travel agency or the provider immediately in order to avoid damage.
ISSUE AND DISPATCH OF FLIGHT TICKETS/IDENTITY OF THE OPERATING AIRLINES FOR BOOKED FLIGHT SERVICES
In principle, flight tickets are issued no later than 14 days before departure and delivered or handed over to the traveler according to the selected shipping method. This only applies if the airline in question, as the travel provider, has not specified any other issuing deadlines. RB can also issue flight tickets earlier on request, whereby it should be noted that in the event of a cancellation or a rebooking request by the traveler, cancellation / rebooking fees of up to 100% of the travel price may be incurred by the provider. A legal entitlement to delivery does not exist until the day of departure. The traveler must note that after the tickets have been issued, in the event of a cancellation / rebooking, in addition to any cancellation / rebooking fees charged by the providers, a processing fee will be charged by RB.
If the airline offers an electronic ticket ("e-ticket") instead of a paper ticket, an electronic booking code is usually sent in text form (usually by email). This must be presented by the traveler at check-in together with an identification document (identity card or passport).
In accordance with EU regulation VO 2111/05, the RB hereby draws attention to the travel agent's obligation to inform the traveler of the identity of the operating airline for all transport services on the outward and return flight prior to the conclusion of the contract, provided that the airline is already known before the conclusion of the contract. In this respect, RB refers to the information in the respective service description about the airlines used. If the airline has not yet been determined, RB will inform the traveler about the airline that is likely to operate the flight before the contract is concluded. As soon as the airline has been determined, RB will ensure that the traveler receives the information on this as soon as possible. This also applies to any changes made to the airlines performing the flight service.
REBOOKING AND WITHDRAWAL
Rebooking and withdrawal from the travel contract can result in considerable costs for the traveler. After the conclusion of the contract with the provider of the tourism service in question, these regulations are based exclusively on the statutory provisions or the general terms and conditions of the respective provider as the traveler's contractual partner. To avoid this cost risk, RB recommends that the traveler take out travel cancellation insurance and take out insurance to cover repatriation costs in the event of illness or accident. Further, DNA Tours GmbH charges a 75€/$90 per cabin for cancellations of river cruises. Re-bookings incur a fee of 50€/$65 per cabin. These charges are invoiced separately to any penalties charged by the respective provider.
INFORMATION OBLIGATIONS OF THE TRAVEL AGENT
Insofar as RB is a travel agent within the meaning of Section 651 v Paragraph 1 BGB, RB fulfills the statutory information requirements prior to travel registration according to Section 651 v Paragraph 1 BGB and provides information in particular about essential characteristics of the trip, travel price, deposit and final payment, minimum number of participants, entry requirements, Cancellation compensation, form for package tours, etc., unless this information has already been provided by the respective tour operator. RB will hand over the respective form to the traveler.
Insofar as RB is an agent for related travel services within the meaning of Section 651 w (1) BGB, RB will inform the traveler in accordance with Article 251 of the Introductory Act to the Civil Code and hand over the relevant form to the traveler.
OBLIGATION OF THE TRAVELER / FORWARDING OF NOTIFICATION OF DEFECTS
RB expressly points out to the traveler that the general terms and conditions of the respective provider as a contractual partner of the traveler contain special obligations for the traveler in the event of deficiencies in the travel services or in the event of loss of luggage or the like. This also includes, in particular, observing and complying with the requirements of the tour operator / service provider or the respective transport company when handling flights.
If the traveler does not observe the obligations arising from this, this can lead to a (partial) loss of claims of the traveler against the provider.
The traveler must notify any defects in the brokerage service of RB immediately and give RB an opportunity to remedy the situation as far as possible.
RB is considered to be authorized by the tour operator to receive notifications of defects and other declarations from the traveler regarding the provision of the travel services. RB must immediately inform the tour operator of such notifications of defects and declarations by the traveler.
RB is not liable for the consequences of unavoidable, extraordinary circumstances such as wars, civil unrest, aircraft hijackings, terrorist attacks, fires, floods, which affect the services of RB.
Furthermore, RB is not liable for the provision of the travel service and / or for the success of the brokerage of the application submitted to him for the conclusion of a travel contract with the respective provider, but only that the brokerage is carried out with the care of a prudent businessman. RB is not liable for loss, destruction or damage to travel documents, provided that these are sent to the traveler or have been handed over. RB is not liable for the information provided by the respective provider on the trip requested by the traveler, nor for the availability of travel services at the time of the conclusion of the contract or for changes in the provider's services after the conclusion of the brokered travel contract.
The aforementioned exclusions do not apply if RB was aware of incorrect and / or incorrect information or had to be aware of it when applying the care customary in the trade and industry. In this respect, RB's liability for having to be aware of such circumstances is limited to cases of intent or gross negligence.
The liability of RB is unlimited for damage to life, body or health as well as in cases of willful intent or gross negligence, when assuming a guarantee or in the event of malice. There is also unlimited liability for booking errors in accordance with § 651x BGB or in cases of breach of the insolvency protection and / or information obligation in accordance with § 651w Paragraph 4 BGB.
In addition, RB is liable for damage caused by simple negligence, insofar as the negligence relates to the breach of such contractual obligations, compliance with which is important for achieving the purpose of the contract and compliance with which the traveler regularly trusts or may trust (so-called cardinal obligations). However, RB is only liable insofar as this damage is typically associated with the contract and is foreseeable. In this case, liability is limited to three times the value of the mediated tourist service. In cases of negligent breach of non-essential secondary obligations, RB is not liable.
The above limitations of liability also apply insofar as the liability for the legal representatives, executives and other vicarious agents of RB is affected. Any further liability is excluded regardless of the legal nature of the claim. As far as the liability of RB is excluded or limited, this also applies to the personal liability of its employees, workers, employees, representatives and other vicarious agents.
1. RB is responsible under data protection law for the processing of personal data of travelers for the purpose of contract implementation in accordance with Art. 6 S. 1. Para. 1 lit. b GDPR. The personal data of the travelers are processed exclusively for the execution and processing of the booking. Personal data will not be passed on to third parties for purposes other than to fulfill the contract without the consent of the traveler. The data will be deleted as soon as they are no longer required for the purpose of their processing, unless RB is required to store it for a longer period of time due to tax and commercial retention and documentation obligations in accordance with Art. 6 (1) (c) GDPR is obliged or the traveler has consented to further storage in accordance with Art. 6 Para. 1 lit. a GDPR.
2. The applicable data protection law grants travelers the following rights of data subjects vis-à-vis RB with regard to the processing of their personal data:
Right to information according to Art. 15 GDPR, right to correction according to Art. 16 GDPR, right to deletion according to Art. 17 GDPR, right to restriction of processing according to Art. 18 GDPR, right to Information in accordance with Art. 19 GDPR, right to data portability in accordance with Art. 20 GDPR, right to revoke granted consents in accordance with Art. 7 Para. 3 GDPR and right to complain to the supervisory authority in accordance with Art. 77 GDPR.
3. The traveler can contact the RB with questions about data protection at INFO@DNATOURS.COM DNA TOURS GMBH: Ladenbergstr. 18, 14195 Berlin, Germany. Tel: 030 91 444 501
ACCURACY OF INFORMATION
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available
LINKS TO OTHER WEBSITES
Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will DNA Tours GmbH, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if DNA Tours GmbH has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of DNA Tours GmbH and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to DNA Tours GmbH for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold DNA Tours GmbH and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any wilful misconduct on your part.
DISPUTE SETTLEMENT PROCEDURE BEFORE A CONSUMER ARBITRATION BOARD
RB is not obliged to participate in dispute settlement proceedings before a consumer arbitration board and does not take part in a dispute settlement procedure before a consumer arbitration board.