Terms and Conditions
for Partners

General Terms and Conditions (GTC) for partners – Travelmania Germany

1. Scope of application and contractual partners

1.1  Travelmania Germany, Sandra Hengesbach is a provider of various tourist services, which are carried out by herself or her service providers. DThese GTC apply to all contracts for the planning, organization and implementation of package tours and tourist services between Travelmania Germany, Mühsamstraße 33, 10249 Berlin, Germany, and partner companies that commission the packages or modules as resellers (hereinafter “Agency”), irrespective of the Agency’s registered office, in particular also for partners from other European countries, America and Canada. Travelmania Germany does not act as a tour operator in these cases. In this respect, the following terms and conditions supplement the general provisions of the law of obligations.

1.2 Unless otherwise agreed in writing, these GTC apply exclusively. Deviating terms and conditions of the agency are not recognized unless Travelmania Germany expressly agrees to their validity in writing.

1.3 The law of the Federal Republic of Germany shall apply to all contracts to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this does not conflict with mandatory statutory provisions in the country in which the agency has its registered office.

2. Conclusion of contract and service description

2.1 Travelmania Germany’s offers are generally subject to change and non-binding. To conclude a contract, the agency must first return the signed registration/booking. A contract is only concluded with the timely written confirmation (booking confirmation) by Travelmania Germany.

2.2 The subject matter of the contract is exclusively the services listed in the booking confirmation (e.g. accommodation, transfers, transportation, program). Flights are not part of the offer.

2.3 The agency is obliged to provide all relevant information and special features of the end customer (e.g. mobility restrictions, special requests) in good time so that proper service provision can be guaranteed.

3. Payment modalities and security certificate

3.1 Unless otherwise agreed, a deposit of 50% of the total price is due upon conclusion of the contract. The remaining amount must be paid no later than 30 days before the start of the tour. Payments can be made by bank transfer, credit card or PayPal. Any fees for payment service providers shall be borne by Travelmania Germany.

3.2 If the invoice/confirmation contains any errors in the agreed content of the contract, the agency must immediately object to it in writing within 7 days at the latest.

3.3 If the agency defaults on payment of the contract price by more than 7 days, Travelmania Germany reserves the right to withdraw from the contract after issuing a reminder and setting a deadline. In this case, the contractual partner may be charged withdrawal costs in accordance with point 5.

4. Service changes and price adjustments

4.1 Travelmania Germany reserves the right to make insignificant changes to individual travel services after conclusion of the contract, provided that these do not affect the overall nature of the trip and the changes are reasonable. Travelmania Germany must notify the agency of a permissible change to an essential service immediately after becoming aware of the reason for the change. IIn the event of a significant change to an essential service, the agency has the option of withdrawing from the contract or demanding an equivalent service instead if Travelmania is able to offer such a service at no extra cost.

4.2 Necessary price adjustments after conclusion of the contract are only permissible if there is a demonstrable and unforeseeable change in transportation costs, charges or exchange rates. In this case, Travelmania must inform the agency of the price increase and the reasons for it, as well as the calculation of the price increase, immediately after becoming aware of the reason for the increase, in a clearly understandable and highlighted manner on a durable medium. The agency will be informed in writing no later than 20 days before the start of the trip. In the event of a price increase of more than 8%, the agency may withdraw from the contract free of charge or demand participation in a trip of at least equal value if Travelmania Germany is in a position to offer such a trip from its range at no extra cost. The notified price change is deemed to have been accepted if the agency does not respond or does not respond within the deadline set by Travelmania Germany. Travelmania undertakes to pass on price reductions resulting from the above-mentioned costs to the agency at its request. The agency may demand such a price reduction in particular if and to the extent that the above-mentioned costs, which may also lead to a price increase, have changed after conclusion of the contract and before the start of the trip and this has led to lower costs for Travelmania.

5. Withdrawal, rebooking and replacement participants

5.1 The agency may withdraw from the contract at any time before the start of the trip. The date of receipt of the declaration of withdrawal by Travelmania Germany is decisive. The following flat-rate compensation applies:

• up to 60 days before departure: 25%
• 59 to 30 days before departure: 45%
• 29 to 15 days before departure: 65%
• 14 to 5 days before departure: 85%
• from 4 days before departure or in case of no-show: 95%

5.2 Rebooking to other dates or trips is possible subject to availability and for a processing fee. There is no legal entitlement to this. For individually booked services, the cancellation conditions of the respective service provider apply, insofar as these have been effectively contractually agreed.

5.3 Travelmania Germany reserves the right to demand higher, individually calculated compensation instead of the above flat rates if Travelmania Germany can prove that it has incurred significantly higher expenses than the applicable flat rate. In this case, Travelmania Germany is obliged to specifically quantify and justify the compensation demanded, taking into account the expenses saved and deducting what is acquired through other use of the travel service.

5.3 The agency may nominate a substitute participant if this meets the requirements of the trip. Travelmania Germany may object to the entry if there are justified reasons.

5.4 If cancellation costs are charged, the agency has the option of providing evidence that Travelmania Germany has not incurred any loss at all or has incurred a lower loss. In this case, the agency is only obliged to pay the actual costs incurred.

6. Cancellation by Travelmania Germany

Travelmania Germany may terminate the contract without notice if individual travel participants persistently disrupt the execution of the trip despite a warning from Travelmania Germany or if they behave in such a way contrary to the contract that the immediate termination of the contract is justified. If Travelmania Germany cancels the contract, Travelmania Germany retains the right to the price. However, Travelmania Germany must take into account the value of the expenses saved as well as the benefits that Travelmania Germany obtains from any other use of the service not used, including the amounts credited to it by the service providers.

7. Liability and warranty

7.1 Travelmania Germany is liable within the framework of the statutory provisions for the proper provision of the contractually agreed services. Travelmania Germany’s contractual liability for damages that are not physical injury and were not culpably caused is limited to three times the contract price.

7.2 Travelmania Germany is not liable for services expressly identified as third-party services (e.g. museum visits, restaurant services) if these services are expressly identified as third-party services in the invitation to tender and the booking confirmation, stating the contractual partner, so clearly that they are recognizable to the agency.

7.3 The agency is obliged to report recognizable defects to Travelmania Germany immediately. Claims are generally excluded if defects are not reported. Claims by the contractual partner are subject to a limitation period of one year, subject to other mandatory statutory provisions. The shortened limitation period shall not apply to claims for damages due to gross negligence or personal injury. Claims arising from tort shall become time-barred after three years.

8. Obligations of the agency to cooperate

8.1 The agency is obliged to pass on all relevant information from the end customer (e.g. mobility, allergies, special requests) to Travelmania Germany in good time and in full.

8.2 The agency undertakes to inform the end customer about the main travel conditions, passport and visa requirements and recommended insurance policies.

9. Data Protection

9.1 The processing of personal data takes place exclusively for the fulfillment of the contract in accordance with GDPR and BDSG. The agency undertakes to transmit personal data of its customers to Travelmania Germany only to the extent necessary and to comply with the data protection regulations.

9.2 Further information on data protection can be found in Travelmania Germany’s privacy policy.

10. Place of jurisdiction and choice of law

10.1 German law applies to all disputes arising from or in connection with this contract. The place of jurisdiction is, as far as permissible, the registered office of Travelmania Germany in Germany.

10.2 Mandatory statutory provisions of the country in which the agency has its registered office shall remain unaffected.

11. Severability clause

Should these provisions be or become partially invalid, void or incomplete, this shall not affect the validity of the remaining provisions. The invalid, void or incomplete provision shall be replaced by a provision that corresponds to the intended meaning and purpose of this provision and is permitted by law.