Terms & Conditions – marktravelz

General Terms & Conditions

1.1 The following terms and conditions regulate the legally different types of brokerage of travel services and package holidays with regard to the rights and obligations of the customer and the agent depending on the type of travel service brokered. Accordingly, a distinction must be made between

a) the arrangement of a package holiday, hereinafter referred to as „travel arrangement“, the agent in this context „travel agent“; you will find the regulations in Section A of these terms and conditions.

b) the arrangement of combined travel services; in this regard, you will find the provisions in Section B of these Terms and Conditions.

c) the arrangement of related travel services; you will find the regulations on this in Section C of these Terms and Conditions.

d) the procurement of an individual travel service; you will find the regulations in Section D of these terms and conditions.

Section A:

Regulations for the travel brokerage of package holidays according to § 651v BGB

Regulations for the organization of trips in accordance with § 651a BGB (own package tours)

package travel contract within the meaning of § 651a BGB and supplement the statutory provisions in this respect.

Insofar as the term “durable medium” is used in the following terms and conditions, this shall be understood in accordance with Section 126b BGB to mean any medium that enables the recipient to store or save a declaration on the data carrier that is addressed to him personally in such a way that it is accessible to him for a period of time that is reasonable for its purpose and that is suitable for reproducing the declaration unchanged. This includes USB sticks, CDROMs, DVDs, paper, e-mails, memory cards and computer hard disks.

1. Conclusion of contract, statutory provisions

1.1 With the booking (travel registration) the customer bindingly offers marktravelz the conclusion of a travel contract. The registration can be made in writing, verbally, by telephone or electronically (e-mail, Internet), after the customer has been duly informed by the tour operator within the meaning of Art. 250 §§ 1-3 EGBGB.

1.2 The registration is also made by the applicant for all participants listed in the registration, for whose contractual obligations the applicant is responsible as for his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration.

1.3 If the order is placed electronically (e-mail, Internet, online booking form, fax, messenger services), marktravelz will immediately confirm receipt of the order electronically. This confirmation of receipt does not constitute confirmation of acceptance of the order for travel services.

1.4 The contract is concluded upon acceptance by marktravelz. Upon or immediately after conclusion of the contract, the tour operator shall send the customer the travel confirmation in accordance with the legal requirements on a durable medium or, in the cases of Art. 250 § 6 I EGBGB, hand it over in paper form. The order and acceptance do not require any specific form.

1.5 If the travel confirmation deviates from the content of the booking, this constitutes a new offer to which marktravelz is bound for ten days. The contract is concluded on the basis of this new offer, provided that the tour operator has pointed out the changes and has otherwise fulfilled its pre-contractual information obligations in accordance with Art. 250 §§ 1-3 EGBGB. The customer’s acceptance is effected by express declaration, down payment, or full payment to the tour operator.

1.6 The customer is advised that, in accordance with the statutory provisions, package travel contracts concluded by means of distance selling (e.g. by letter, telephone call, email, telemedia or online services) do not give rise to a right of withdrawal, but only to the statutory rights of withdrawal and termination (see also section 6). However, a right of withdrawal exists if the customer has concluded the contract for travel services outside of business premises in accordance with Section 651a of the German Civil Code (BGB), unless the negotiations on which the conclusion of the contract is based were conducted at the customer’s prior request; in the latter case, there is also no right of withdrawal.

1.7 The mutual rights and obligations of the customer and marktravelz as tour operator arise, unless mandatory statutory provisions dictate otherwise, from the agreements made in each individual case, these terms and conditions, and the statutory provisions, in particular §§ 651a ff BGB in conjunction with Art. 250ff. EGBGB and §§ 675, 631 ff. BGB on the provision of services for remuneration.

2. Payments, declarations by customers

2.1. marktravelz may only demand or accept payments on the travel price before the end of the package tour if an effective customer money protection contract of the tour operator exists and the customer has been given the security certificate with the name and contact details of the customer money insurer in a clear, understandable and emphasised manner.

2.2 Upon conclusion of the contract, a deposit of 20% of the travel price is due. Further payments are due on agreed dates. The remaining travel price is due no later than 42 days before departure, provided that the security certificate has been handed over and the trip can no longer be canceled for the reasons stated in section 10.b).

2.3 If the customer books less than 4 weeks before the start of the trip, the entire travel price is due immediately after the security certificate has been handed over.

2.4 The customer pays by bank transfer.

2.3 If the customer does not make the down payment and/or final payment in accordance with the agreed payment deadlines, marktravelz is entitled to withdraw from the contract after issuing a reminder with a deadline. marktravelz may also claim damages. See No. 6.

3. Our services and information in brochures

3.1 The services contractually agreed upon are specified in the service descriptions (brochure, website, catalog, flyer) or in the travel confirmation and the information provided in accordance with Art. 250 § 3 EGBGB.

3.2 Deviating services, e.g. from other brochures of the service providers, as well as special requests that change the scope of the planned services, are only binding if they are expressly confirmed by marktravelz on a permanent data carrier.

3.3 Third parties are not authorized to make commitments and/or agreements that deviate from the tour operator’s travel conditions or advertisements.

3.4 Services that are booked directly by the customer from third-party companies as external services are not included in the scope of services provided by the tour operator (e.g., sporting events, excursions, tours, exhibitions, etc.).

3.5 Described animal sightings cannot be guaranteed, as these are nature experiences with wild animals living in the wild, whose behavior cannot be predicted with 100% certainty. In the event of no sightings, no refund of the travel price, even on a pro rata basis, is possible.

3.6 If individual accommodations are not available during certain peak seasons, we will book an equivalent alternative. This does not constitute a defect and does not entitle you to a reduction in the tour price.

3.7 If the route is impassable due to unforeseeable circumstances such as weather conditions, political events, or similar, the program will be adjusted accordingly. We will endeavor to stay as close as possible to the planned itinerary. This does not constitute a defect and does not entitle you to a reduction in the travel price.

4. Changes to services

4.1 The tour operator expressly reserves the right to declare justified changes to services and prices prior to conclusion of the contract. A pre-contractual price adjustment may become necessary for the following reasons in particular:

a) due to an increase in transportation costs, fees for certain services, such as port or airport charges, or a change in the exchange rates applicable to the trip in question after publication of the service description,

b) if the package tour requested by the customer and advertised in the brochure is only available through the purchase of additional contingents after publication of the brochure.

4.2 Changes or deviations of individual travel services from the agreed content of the travel contract that become necessary after conclusion of the contract and that were not brought about by the tour operator in bad faith are only permitted if the changes or deviations are not significant and do not impair the overall character of the booked trip.

4.3 The tour operator undertakes to inform the customer immediately of any changes and/or deviations in services on a durable medium in accordance with Section 651f (2) of the German Civil Code (BGB). If marktravelz subsequently makes a significant change to an essential travel service, the customer may withdraw from the travel contract or demand participation in an equivalent trip if the tour operator can offer such a trip from its range at no extra cost. If necessary, marktravelz will offer the customer a free rebooking.

4.4 Any warranty claims remain unaffected if the changed services are defective.

5. Price changes

5.1 marktravelz reserves the right to change the travel price agreed in the travel contract in the event of an increase in transport costs or charges for certain services, such as port or airport fees, or a change in the exchange rates applicable to the trip in question, in accordance with the following provisions, provided that the circumstances leading to the change did not occur at the time the contract was concluded and were not foreseeable by the tour operator:

If the transportation costs existing at the time of conclusion of the contract, in particular fuel costs, increase, the tour operator may

a) demand the amount of the increase in the case of a seat-related price increase.

b) in other cases, divide the additional transportation costs charged by the transportation company per means of transportation by the number of seats in the agreed means of transportation and demand the resulting increase for the individual seat.

5.2 If the taxes existing at the time of conclusion of the travel contract, such as port or airport fees, are increased vis-à-vis the tour operator, the travel price may be increased by the corresponding proportionate amount.

5.3 In the event of a subsequent change in the travel price, the tour operator must inform the customer immediately, but no later than 21 days before the start of the trip. Price increases after this point in time are not permitted. In the event of price increases of more than 8%, the customer is entitled to withdraw from the travel contract or to demand participation in an equivalent trip if the tour operator can offer such a trip from its range of products at no extra cost.

The customer must assert these rights immediately after the tour operator has declared the change in the travel price. The customer is advised to declare this on a durable medium.

5.4 Pursuant to Section 651f (4) of the German Civil Code (BGB), the tour operator is obliged, in the event of a reduction in the costs specified in Sections 5.1-5.2, to reimburse the customer for the resulting additional amount paid by the customer, less the administrative costs actually incurred.

6. Cancellation by the customer

6.1 The customer may cancel the trip at any time prior to departure. The customer must notify the tour operator of the cancellation. If the trip was booked through a travel agent, the cancellation may also be notified to the travel agent. The date of receipt of the cancellation notice shall be decisive. Withdrawal is generally possible without any formal requirements. However, the customer is advised to declare their withdrawal on a durable medium.

6.2 If the customer withdraws before starting the trip, marktravelz is entitled to a withdrawal compensation instead of the trip price (§ 651h BGB). This does not apply if marktravelz is responsible for the withdrawal and/or if there are unavoidable, extraordinary circumstances within the meaning of § 651h III BGB.

6.3 marktravelz shall charge the following compensation for all trips it organises itself, with the exception of boat trips and cruises

up to 46 days before departure: 10% of the trip price

45 to 30 days before departure: 25% of the trip price

29 to 22 days before departure: 50% of the trip price

21 to 15 days before departure: 75% of the travel price,

14 to 7 days before departure: 85% of the travel price,

6 days to 1 day before departure: 90% of the travel price,

on the day of departure / no show: 100% of the travel price.

6.4 marktravelz shall charge the following compensation for all self-organized boat trips and cruises

up to 120 days before departure: 15% of the travel price,

from 119 to 91 days before departure: 25% of the travel price,

from 90 to 30 days before departure: 55% of the travel price,

from the 29th to the 8th day before departure: 90% of the travel price,

from the 7th day until the day of departure/in case of no-show: 100% of the travel price.

6.5 In addition, marktravelz may demand the full price of brokered services (e.g., insurance, visas).

6.6 The customer reserves the right to prove that the damage incurred was less than the amount claimed or that no damage was incurred.

6.7 Instead of the flat rates specified in sections 6.3 and 6.4, marktravelz may assert a specifically calculated compensation claim as compensation for the travel arrangements made and for its expenses, provided that the damage incurred by the tour operator is significantly higher than the flat rates specified in section 6.3 or if the flat rates are not applicable. The calculation of the compensation shall be based on the travel price, less any expenses saved and any other use of the travel services. In this case, the tour operator shall calculate and justify the specific compensation.

6.8 The customer’s right to transfer the contract in accordance with Section 651e of the German Civil Code (BGB) remains unaffected by the above provisions.

7. Rebookings

7.1 After conclusion of the contract, the customer shall have no claim to changes regarding the travel date, destination, place of departure, accommodation, mode of transport, or airline, provided that the tour operator has fulfilled its pre-contractual information obligations in accordance with Art. 250 §§ 1-3 EGBGB. If, at the customer’s request, changes are to be made to the travel date, place of departure, accommodation, mode of transport or airline after conclusion of the contract and up to 30 days before departure, the tour operator shall charge the customer the actual costs incurred per person. In addition, a processing fee of EUR 100.00 per person shall be deemed agreed.

7.2 Requests by the customer to change the booking made from the 29th day before departure can, if they are possible at all, only be carried out after withdrawal from the travel contract in accordance with clause 6 under the conditions specified therein and simultaneous re-registration. This does not apply to requests to change the booking that only incur minor costs.

7.3 Requests to change the destination are generally only possible by withdrawing from the travel contract (cancellation) under the conditions specified in sections 6.3, 6.4, and 6.7 and subsequently concluding a new contract.

8. Additional costs due to customer behavior

If additional costs for contractual services are incurred due to circumstances for which the customer is responsible, without any contributory behavior on the part of the tour operator in the preparation or execution of the trip, the tour operator may demand compensation from the customer. This includes, for example, additional costs due to a ticket change in the event of incorrect or missing name details provided by the customer.

9. Services not used

If the traveler does not use individual travel services as a result of early return or for other reasons for which the tour operator is not responsible, the tour operator will endeavor to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the services are completely insignificant, if a refund cannot be made possible, or if a refund is prevented by legal or official regulations.

10. Withdrawal and termination by the tour operator

The tour operator may withdraw from the travel contract before the start of the trip or terminate the travel contract after the start of the trip in the following cases:

a) Without notice if the traveler persistently disrupts the trip despite a warning or if he behaves in such a manner contrary to the contract that immediate termination of the contract is justified. If the tour operator terminates the contract for this reason, it retains the right to the travel price, but must offset the value of the saved expenses and any benefits it obtains from other use of the unused services.

b) If the advertised or officially specified minimum number of participants is not reached, provided that the travel advertisement for the trip in question specified a minimum number of participants and the deadline within which the tour operator may withdraw from the contract, within the period specified in the contract, but no later than

30 days before the start of the trip for trips lasting more than 6 days,

7 days before the start of the trip for trips lasting at least 2 and at most 6 days,

48 hours before the start of the trip for trips lasting less than 2 days.

In any case, the tour operator is obliged to inform the customer immediately after the conditions for the non-performance of the trip have been met and to forward the declaration of withdrawal to the customer without delay. The customer will be refunded any payments already made towards the travel price.

11. Liability of the tour operator

11.1 The tour operator is liable within the scope of the duty of care of a prudent businessman for the conscientious preparation of the trip, the careful selection and monitoring of service providers, and the proper provision of the confirmed travel services on the basis of the respective offer.

11.2 The tour operator is not liable for service disruptions in connection with services that are not part of the travel contract and that the traveler has booked and used directly without the tour operator’s mediation (e.g., events, excursions, visits, etc.).

11.3 The contractual liability of the tour operator is limited to three times the travel price for damages other than physical injury, provided that the damage to the customer was not caused intentionally or through gross negligence, or provided that the tour operator is solely responsible for damage incurred by the customer due to an intentional or grossly negligent breach of duty by a legal representative or vicarious agent (e.g., service provider). Any claims exceeding this limit due to international agreements remain unaffected by this limitation.

11.4 If international agreements or legal provisions based on such international agreements apply to a travel service to be provided by a service provider, according to which a claim for damages can only arise or be asserted under certain conditions or restrictions or is excluded under certain conditions, the tour operator may invoke this.

12. Insurance

Unless otherwise stated, insurance is not included in the tour price. The tour operator expressly recommends that customers take out the following insurance policies:

Travel cancellation insurance,
Luggage insurance,
Travel interruption insurance,
Travel accident insurance,
Travel health insurance

13. Obligations of the customer

13.1 The customer must inform marktravelz immediately if they have not received the necessary travel documents (airline tickets, service vouchers, and travel information) within the specified period before departure, or if these are incomplete or incorrect. The customer is obliged to check the travel documents for accuracy and completeness immediately upon receipt.

13.2 The customer is obliged to cooperate within the framework of the statutory provisions in the event of service disruptions in order to avoid or minimize any damage.

13.3 If travel services are not provided in accordance with the contract, the customer may demand remedial action. The customer is obliged to notify the tour operator immediately of any travel deficiencies that have occurred. The notification must be made to the local tour guide, whose contact details are provided in the travel documents. If a tour guide is not available or cannot be reached, any travel deficiencies must be reported to the tour operator at its registered office (see No. 22 for address).

13.4 Contractual claims for reduction (§ 651m BGB) and claims for damages (§ 651n BGB) are excluded if the customer culpably fails to report the defects. The local tour guide is responsible for remedying the situation, if possible. However, they are not authorized to acknowledge the customer’s claims.

13.5 If the customer wishes to terminate the travel contract due to a travel defect of the type described in § 615i BGB in accordance with § 615l BGB or for an important reason recognizable to the tour operator, he must first set the tour operator a reasonable deadline. This does not apply if a remedy is impossible or is refused by the tour operator, or if the immediate termination of the contract is justified by a special interest of the customer that is recognizable to the tour operator.

13.6 If the customer’s luggage is lost, damaged, or does not arrive on time during air travel, the customer must immediately submit a written damage report (P.I.R.) on site to the airline that carried out the transport. The damage report must be submitted within 7 days in the case of lost luggage and within 21 days in the case of delays after delivery. Airlines generally refuse refunds if the damage report has not been completed. The tour operator accepts no liability for the loss or damage of valuables or money in checked baggage if these have not been expressly noted on the ticket when the baggage was checked in. In addition, the loss, damage, or misdirection of baggage must be reported to the tour operator or tour guide immediately.

13.7 Claims in cases of denied boarding, cancellations, and delays under EU Regulation No. 261/2004 must be addressed exclusively to the operating airline.

14. Passport, visa, entry, and health requirements

14.1 The tour operator shall inform the customer about passport and visa requirements, as well as health formalities required for the trip and stay, and the approximate time required to obtain any necessary documents. However, the customer is responsible for complying with all regulations important for the trip. Any disadvantages arising from non-compliance with these regulations shall be borne by the customer, unless they are due to incorrect or non-existent information provided by the tour operator.

14.2 If the customer fails to comply with the entry regulations of individual countries, thereby preventing the customer from traveling, the tour operator may charge the customer the corresponding cancellation fees.

14.3 The tour operator is not liable for the timely issuance and receipt of necessary visas, travel permits, and/or other documents by the respective diplomatic mission if the customer has commissioned the tour operator to obtain them, unless the tour operator has culpably violated its own obligations.

15. Special services, discounts

Special services or discounts advertised by marktravelz in the brochure, in particular early bird discounts, are expressly only granted for trips organized by marktravelz itself. marktravelz has no influence on the corresponding regulations of other tour operators.

16. Duty to provide information on the identity of the operating air carrier

16.1 According to EU Regulation 2111/2005 on informing passengers of the identity of the operating air carrier, the tour operator is obliged to inform the customer at the time of booking of the identity of the operating airline providing the air transport services in connection with the booked trip. If the operating airline is not yet known at the time of booking, the tour operator is obliged to inform the customer of the airline(s) that is/are likely to operate the flight.

16.2 As soon as marktravelz knows which airline will operate the flight, marktravelz must inform the customer. If the airline named to the customer as the operating airline changes, marktravelz must inform the customer of the change. marktravelz must immediately take all reasonable steps to ensure that the customer is informed of the change as soon as possible. Within the framework of code sharing, it is possible that the airline named by marktravelz may have the flight operated in whole or in part by affiliated airlines. marktravelz will inform the customer of this as soon as possible after becoming aware of it. This does not involve any change in services. The “Community list” of unsafe airlines published by the EU Commission on the basis of EU Regulation 2111/2005 is available on the tour operator’s website or at https://transport.ec.europa.eu/transport-themes/eu-air-safety-list_en.

17. Customs regulations

The customer is obliged to observe both the customs regulations of the country visited and those of their home country. The customer is obliged to inform themselves about the applicable regulations.

18. Choice of law

The contractual relationship between the customer and marktravelz is governed exclusively by German law. This also applies to the entire legal relationship. Insofar as German law is not applied to the merits of the case in the event of legal action taken by the customer against the tour operator abroad, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the type, scope, and amount of the customer’s claims.

19. Place of jurisdiction

19.1 The customer may only sue marktravelz at the company’s registered office.

19.2 For legal action taken by marktravelz against the customer, the customer’s place of residence shall be decisive. For legal action against customers or contractual partners of the travel contract who are merchants, legal entities under public or private law, or persons who have their place of residence or habitual abode abroad, or whose place of residence or habitual abode is unknown at the time the action is brought, the place of jurisdiction shall be the registered office of the tour operator.

19.3 The above provisions shall not apply

a) if and to the extent that contractually non-waivable provisions of international agreements applicable to the travel contract between the customer and the tour operator provide otherwise in favor of the customer, or

b) if and to the extent that non-waivable provisions applicable to the travel contract in the EU member state to which the customer belongs are more favorable to the customer than the aforementioned provisions or the corresponding German regulations.

20. Arbitration proceedings

20.1 The European Commission’s platform for out-of-court online dispute resolution (known as the ODR platform) for travel contracts concluded online can be found at http://ec.europa.eu/consumers/odr.

20.2 The tour operator is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.

21. Ineffectiveness of a provision and durable medium

21.1 The ineffectiveness of individual provisions of the travel contract and these terms and conditions does not result in the ineffectiveness of the entire travel contract and these terms and conditions.

21.2 Where the term “durable medium” is used in the following terms and conditions, it shall be understood in accordance with Section 126b of the German Civil Code (BGB) to mean any medium that enables the recipient to store or save a statement addressed to them personally on the data carrier in such a way that it is accessible to them for a period of time appropriate to its purpose and which is suitable for reproducing the statement unchanged. This includes, among other things, USB sticks, CD-ROMs, DVDs, paper, e-mails, memory cards, and computer hard drives.

22. Tour operator

marktravelz, owner Dr. Mark Ortmann
Adalbertstr. 66
10179 Berlin
Germany

Valid from 01.05.2025

Section B:

Regulations for the travel agency services for package tours in accordance with § 651v BGB

The provisions of this Section B on travel agency services for package tour contracts apply if marktravelz provides the form for package tours. The form identifies the tour operator as the responsible entrepreneur for the provision of the package tour.

1. Conclusion of contract, legal provisions

1.1. Upon acceptance of the customer’s agency order by marktravelz, a contract for the travel agency services for a package tour is concluded between the customer and marktravelz as the travel agent. The order and acceptance do not require any specific form.

If the order is placed electronically (e-mail, Internet, online booking form, fax, messenger services), marktravelz shall immediately confirm receipt of the order electronically. This confirmation of receipt does not constitute confirmation of acceptance of the order for travel agency services.

1.2. The mutual rights and obligations of the customer and marktravelz as a travel agent arise, unless mandatory statutory provisions dictate otherwise, from the agreements made in each individual case, these terms and conditions, and the statutory provisions, in particular §§ 651a ff BGB in conjunction with Art. 250ff. EGBGB and §§ 675, 631 ff. BGB on the provision of services for remuneration.

1.3. The rights and obligations of the customer vis-à-vis the travel operator arranged shall be governed exclusively by the agreements made with the latter, in particular – if effectively agreed – its travel or business terms and conditions. Unless otherwise agreed or specified, the conditions of carriage and tariff regulations issued on a legal basis by the competent transport authority or on the basis of international agreements shall apply to transport services.

2. Payments, declarations by customers

2.1. Travel agents and tour operators may only demand or accept payments for the travel price before the end of the package tour if an effective customer money protection agreement exists with the tour operator and the customer has been provided with the security certificate containing the name and contact details of the customer money protection provider in a clear, comprehensible, and prominent manner.

2.2. marktravelz is generally authorized by the tour operator to receive notices of defects and other statements from the customer/traveler regarding the provision of the package tour. Marktravelz will immediately inform the tour operator of such statements made by the traveler. Marktravelz recommends that, in order to avoid delays despite immediate forwarding, such statements be made directly to the tour guide or the tour operator’s contact point.

3. General contractual obligations of the travel agent, information, notices

3.1. Based on these agency terms and conditions, the customer will receive the best possible advice. Upon request, marktravelz will then submit the booking request to the package tour operator. After confirmation by the package tour operator, the obligation to perform includes the handover of the documents relating to the travel service(s) arranged. This does not apply if it has been agreed that the package tour operator will send the documents directly to the customer.

3.2. When providing other information and advice that the travel agent is not obliged to provide under Section 651v (1) BGB in conjunction with Article 250 (1) to (3) EGBGB, marktravelz shall be liable within the scope of the law and the contractual agreements for the correct selection of the source of information and its correct transmission to the customer. An information contract with a contractual main obligation to provide information shall only be concluded if expressly agreed. marktravelz shall not be liable for the accuracy of the information provided in accordance with Section 675 (2) of the German Civil Code (BGB), unless a special information contract has been concluded.

3.3. Without an express agreement, marktravelz is not obliged to determine and/or offer the cheapest provider of the requested travel service. Contractual obligations of the travel agent within the scope of “best price guarantees” given by it remain unaffected by this.

3.4. Unless expressly agreed, marktravelz does not assume any guarantee within the meaning of Section 276 (1) sentence 1 BGB with regard to information on prices, services, booking conditions, and other circumstances of the travel service, nor does it assume any procurement guarantee within the meaning of this provision with regard to information on the availability of the services to be brokered by the travel agent.

3.5. marktravelz only accepts special requests for forwarding to the package tour operator to be arranged. Unless otherwise expressly agreed, marktravelz is not responsible for the fulfillment of such special requests. Nor are they a condition or basis of the contract for the agency order or for the customer’s booking declaration to be transmitted by the travel agent to the package tour operator. The customer is advised that special requests generally only become part of the contractual obligations of the package tour operator if expressly confirmed by the package tour operator.

4. Obligations of the travel agent regarding entry requirements and visas

4.1. If marktravelz registers the customer, either for a fee or free of charge, in electronic systems to obtain entry permits as a prerequisite for entry into or transit through certain countries, the following applies: Without an express agreement, the assumption of this activity does not constitute any obligation on the part of the travel agent to make further inquiries or provide information about entry or transit formalities or transit stops during the trip, and in particular does not constitute an obligation to obtain visas. The customer is advised that the electronic entry permit does not replace the final entry permit issued by the border authorities of the respective country.

4.2. Marktravelz is not obliged to obtain visas or other documents required for the trip without a specific, express agreement. If such an order is accepted, Marktravelz may, without express agreement, demand reimbursement of the expenses incurred, which it may deem necessary under the circumstances. Marktravelz may demand remuneration for its activities if this has been agreed or if the activities were only due under the circumstances in return for appropriate remuneration.

4.3. Marktravelz is not liable for the issuance of visas and other documents or for their timely receipt. This does not apply if the circumstances relevant to the non-issuance or delayed receipt were culpably caused or contributed to by the travel agent.

5. Reimbursement of expenses, remuneration, collection, payments, fees

5.1. Marktravelz is entitled to demand payments in accordance with the service and payment terms of the mediated service providers, provided that these have been effectively agreed between the service provider and the customer and contain legally effective payment terms.

Marktravelz may assert payment claims against the customer as the service provider’s authorized debt collector, insofar as this corresponds to the agreements between the agent and the service provider, but also in its own right on the basis of the customer’s statutory obligation to make advance payments as the client in accordance with Section 669 of the German Civil Code (BGB).

5.2. The above provisions apply accordingly to cancellation costs (cancellation fees) and other legally or contractually justified claims of the mediated service provider.

5.3. The customer may not offset the agent’s own payment claims by way of retention or set-off on the grounds that the customer has claims against the mediated service provider, in particular due to defective performance of the mediated contract. This does not apply if such claims are caused or contributed to by a culpable breach of contractual obligations on the part of the agent or if the agent is liable to the customer for the asserted counterclaims for other reasons.

5.4. Marktravelz is entitled to charge a service fee of EUR 100.00 for any subsequent changes or rebookings. In the event of cancellation of the trip, marktravelz is entitled to charge a service fee of EUR 100.00, unless otherwise agreed. The cancellation policies of the contractual partners remain unaffected by this.

6. Position and obligations of the travel agent in connection with the provision of air transport services

6.1. In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, the agent is obliged to inform the passenger of the identity of the operating airline at the time of booking. If the operating airline is not yet known at the time of booking, the agent shall provide the passenger with the information available from the agency about the airline that is likely to operate the flight. If there is a change of airline, the customer will be informed of the change immediately. The Community list of airlines banned from flying in the European Union is available on the websites http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de.

6.2. The contractual relationship between the customer and the airline is governed by the statutory provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions and, directly, as domestic statutory provisions,

Regulation (EC) No. 261/2004 on air passenger rights
Regulation (EC) No. 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing passengers of the identity of the operating air carrier
Regulation (EC) No. 1107/2006 of the European Parliament and of the Council concerning the rights of disabled air passengers and air passengers with reduced mobility
Customers are strongly advised to inform themselves about their rights as passengers, e.g. by reading the notices at airports, the information provided by the operating air carrier, or the information sheets of the Federal Aviation Authority at www.lba.de.

7. Documents relating to the package tour arranged

7.1. Both the customer and marktravelz are obliged to check the contract documents and other documents relating to the package tour provided by the package tour operator and handed over to the customer by marktravelz, in particular booking confirmations, airline tickets, hotel vouchers, visas, insurance certificates, and other documents relating to the arranged package tour for accuracy and completeness, in particular for conformity with the booking and the agency order.

7.2. If documents relating to the arranged package tour are not sent directly to the customer by the arranged package tour operator, they shall be handed over by the travel agent by post or electronic mail.

8. Customer’s obligations to cooperate with the travel agent

8.1. The customer must immediately notify marktravelz of any errors or deficiencies in its agency activities that are apparent to the customer after they have been identified. This includes, in particular, incorrect or incomplete personal customer data, other information, details, and documents relating to the package tour arranged, as well as the incomplete performance of agency services (e.g., bookings or reservations not made).

8.2. If the customer fails to notify marktravelz in accordance with Section 7.1, the following shall apply:

a) If the customer fails to notify marktravelz in accordance with Section 7.1 through no fault of their own, their claims shall not lapse.

b) The customer’s claims against marktravelz shall lapse to the extent that marktravelz proves that the customer would not have suffered any damage or would not have suffered damage in the amount claimed by the customer if they had notified marktravelz in accordance with the rules. This applies in particular if marktravelz proves that immediate notification by the customer would have enabled marktravelz to remedy the defect or reduce the damage, e.g. by rebooking, making an additional booking, or canceling with the package tour operator.

c) Claims by the customer in the event of failure to notify in accordance with Section 7.1 shall not lapse

in the event of damage resulting from injury to life, limb, or health resulting from an intentional or negligent breach of duty by the travel agent or a legal representative or vicarious agent of the travel agent
in the case of claims for compensation for other damages resulting from an intentional or grossly negligent breach of duty by the travel agent or a legal representative or vicarious agent of the travel agent
in the case of a breach of an essential obligation, the fulfillment of which is essential for the proper execution of the agency contract or the breach of which jeopardizes the achievement of the purpose of the contract.

Liability for booking errors pursuant to Section 651x of the German Civil Code (BGB) remains unaffected.

8.3. In their own interest, customers are requested to inform marktravelz of any special needs or restrictions with regard to the package tour requested.

9. Obligations of the travel agent in the event of complaints by the customer against the package tour operators

The customer may also notify the travel agent through whom they booked the package tour of any complaints or other statements regarding the provision of travel services by the package tour operator.

With regard to any claims the customer may have against the package tour operators, the travel agent is not obliged to provide advice on the type, scope, amount, eligibility requirements, deadlines to be observed, or other legal provisions.

10. Important information about insurance for package tours

10.1. Marktravelz points out the possibility of taking out travel cancellation insurance at the time of booking in order to minimize the cost risk in the event of cancellation by the customer.

10.2. The customer is also advised that travel cancellation insurance does not usually cover the damage incurred by the customer as a result of discontinuing the package tour after it has begun, even if this is through no fault of the customer. Travel interruption insurance must generally be taken out separately.

10.3. Marktravelz also recommends that customers ensure they have adequate international health insurance coverage when traveling abroad.

10.4. When arranging travel insurance, the customer is advised that the insurance conditions of the travel insurance policies arranged may contain special contractual conditions and/or obligations on the part of the customer, in particular exclusions of liability (e.g. for pre-existing conditions), the obligation to cancel immediately in the case of travel cancellation insurance, deadlines for reporting claims, and deductibles. The broker shall not be liable if it has not provided any incorrect information regarding the insurance terms and conditions and the travel insurer has a right to refuse performance vis-à-vis the customer on the basis of effectively agreed insurance terms and conditions.

11. Liability of the travel agent

11.1. Unless marktravelz has assumed a corresponding contractual obligation by express agreement with the customer, it shall not be liable for the conclusion of contracts with the package tour operators to be arranged.

11.2. Marktravelz shall not be liable for defects and damages incurred by the customer in connection with the travel services arranged. This shall not apply in the event of an express agreement or assurance by the travel agent in this regard, in particular if this deviates significantly from the service description of the package tour operator.

11.3. Any liability on the part of the travel agent under § 651x BGB or for culpable breach of travel agent obligations remains unaffected by the above provisions.

12. Consumer dispute resolution

Under applicable law, we are obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without the need to involve a court. The European Commission is responsible for setting up the platform. You can find the European Online Dispute Resolution Platform here:

https://ec.europa.eu/odr

Marktravelz does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.

Section C:

Regulations for the brokerage of linked travel services in accordance with Section 651w of the German Civil Code (BGB)

The provisions of this Part C on the brokerage of linked travel services apply if marktravelz provides the form for the brokerage of linked travel services. This form informs the customer that booking an additional travel service with marktravelz does not constitute booking a package tour, but that a linked travel service may be arranged.

1. Conclusion of contract, legal provisions

1.1. Upon acceptance of the customer’s brokerage order by marktravelz, a contract for the brokerage of linked travel services is concluded between the customer and marktravelz. The order and acceptance do not require any specific form. If the order is placed electronically (e-mail, Internet, online booking form, fax, messenger services), marktravelz will immediately confirm receipt of the order electronically. This confirmation of receipt does not constitute confirmation of acceptance of the brokerage order.

1.2. The mutual rights and obligations of the customer and marktravelz arise, unless mandatory statutory provisions dictate otherwise, from the agreements made in each individual case, these terms and conditions, and the statutory provisions, in particular §§ 651a ff BGB in conjunction with Art. 250ff. EGBGB and §§ 675, 631 ff. BGB on the provision of services for remuneration.

1.3. The rights and obligations of the customer vis-à-vis the contractual partner of the arranged travel services are governed exclusively by the agreements made with the latter, in particular – if effectively agreed – the latter’s travel or business conditions. Unless otherwise agreed or specified, the conditions of carriage and tariff regulations issued on a legal basis by the competent transport authority or on the basis of international agreements shall apply to transport services.

2. Payments

2.1. The agent of linked travel services may only accept payments from the traveler for travel services if the agent has ensured that these payments will be reimbursed to the traveler, provided that travel services are to be provided by the agent itself or payment claims of intermediary service providers are still to be met, and in the event of the agent of linked travel services‘ insolvency,

a) travel services are cancelled, or

b) the traveler complies with payment requests from unsatisfied intermediary service providers with regard to travel services provided.

2.2. When arranging linked travel services, the agent of linked travel services provides this security by taking out insolvency insurance in accordance with Section 651w Paragraph 3 of the German Civil Code (BGB), stating the name and contact details of the customer’s money insurer in a clear, understandable, and prominent manner, and by providing a corresponding security certificate for all payments made by the customer to the agent of linked travel services, unless the customer pays directly to the intermediary service provider of the linked travel service.

3. General Contractual Obligations of the Agent, Information, and Advice

3.1. The customer will receive the best possible advice based on these Terms and Conditions. Upon request, marktravelz will then submit the booking request to the service provider. The obligation to provide services includes, after confirmation by the service provider, the delivery of the documents relating to the arranged travel service(s). This does not apply if it has been agreed that the service provider will send the documents directly to the customer.

3.2. When providing advice and information, marktravelz is liable, within the framework of the law and the contractual agreements, for the correct selection of the information source and its correct transmission to the customer. An information contract with a primary contractual obligation to provide information only comes into effect if there is a corresponding express agreement. According to Section 675 (2) of the German Civil Code (BGB), the agent is not liable for the accuracy of the information provided, unless a special information contract has been concluded.

3.3. Without an express agreement, the agent is not obligated to identify and/or offer the cheapest provider of the requested travel service. The agent’s contractual obligations within the scope of „best price guarantees“ provided by the agent remain unaffected.

3.4. Without an express agreement, marktravelz provides no guarantee within the meaning of Section 276 Paragraph 1 Sentence 1 of the German Civil Code (BGB) regarding information on prices, services, booking conditions, and other circumstances of the travel service, and no procurement guarantee within the meaning of this provision regarding information on the availability of the services to be arranged by the agent.

3.5. marktravelz accepts special requests only for forwarding to the service provider to be arranged. Unless expressly agreed otherwise, marktravelz is not responsible for the fulfillment of such special requests. These requests are also not a condition or contractual basis for the arrangement order or for the customer’s booking confirmation to be transmitted by the agent to the service provider. The customer is advised that special requests generally only become part of the service provider’s contractual obligations if they are expressly confirmed by the service provider.

4. Agent’s Obligations Regarding Entry Regulations, Visas, and Insurance

4.1. Marktravelz will inform the customer about entry and visa regulations if a corresponding order has been expressly agreed upon. Otherwise, a corresponding duty to provide information or explanation only exists if special circumstances known or recognizable to the agent require an explicit notification and the relevant information is not already included in the offer documents provided to the customer.

4.2. The agent’s corresponding duty to provide information is limited to providing information from current, standard industry information sources. There is no specific duty to conduct research on the part of the agent without an express agreement to this effect. The agent can also fulfill its duty to provide information by informing the customer of the need to make their own, specific inquiries at relevant information points.

4.3. The above provisions apply accordingly to information about customs regulations, health-related entry regulations, preventive health measures for the customer and their fellow travelers, as well as import and export regulations.

4.4. If marktravelz undertakes, for a fee or free of charge, the registration for the customer within electronic systems to obtain entry permits as a prerequisite for entry into or transit into certain countries, the following applies: Without an express agreement, the assumption of this activity does not create any obligation on the agent to provide further inquiries or information regarding entry or transit formalities or transit stays during the trip, and in particular, not to obtain visas. The customer is advised that the electronic entry permit does not replace the final entry permit issued by the border authorities of the respective country.

4.5. Marktravelz is not obligated to obtain visas or other documents required for the execution of the trip without a special, express agreement. In the event of acceptance of such an order, the agent may, without an express agreement, demand reimbursement of the expenses incurred, which it deemed necessary under the circumstances. The agent may demand remuneration for its services if this has been agreed upon or if, under the circumstances, the service was only owed in return for appropriate remuneration.

4.6. Marktravelz is not liable for the issuance of visas and other documents, nor for their timely receipt. This does not apply if the circumstances leading to the non-issuance or delayed receipt were culpably caused or partly caused by the agent.

5. Position and Obligations of the Agent in Connection with the Mediation of Air Transport Services

5.1. In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, the agent is obligated to inform the passenger of the identity of the operating airline at the time of booking. If the operating airline is not yet known at the time of booking, the agent will provide the passenger with the information available from the mediated company regarding the airline likely to operate the flight. If the airline changes, the customer will be informed immediately. The Community list of airlines banned from flying in the European Union is available at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de.

5.2. The contractual relationship between the customer and the airline is subject – as applicable – to the statutory provisions of the German Air Transport Act, the Warsaw and Montreal Conventions, and directly, like domestic statutory provisions, to:

– Regulation (EC) No. 261/2004 on air passenger rights

– Regulation (EC) No. 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air passengers of the identity of the operating air carrier

– Regulation (EC) No. 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air

The customer is strongly advised to inform themselves about their rights as an air passenger, e.g., through notices at airports, information from the operating air carrier, or the information sheets of the Federal Aviation Office at www.lba.de.

6. Reimbursement of Expenses, Remuneration, Collection, Payments, Fees

6.1. Marktravelz is entitled to demand payment in accordance with the terms and conditions of the service providers it has arranged, provided these have been effectively agreed between the service provider and the customer and contain legally binding payment terms. The agent may assert payment claims against the customer as the customer’s authorized collection agent, provided this complies with the agreements between the agent and the service provider, but also under its own right based on the customer’s statutory obligation to pay in advance as the client pursuant to Section 669 of the German Civil Code (BGB).

6.2. The above provisions apply accordingly to cancellation fees (cancellation compensation) and other legally or contractually justified claims of the service provider it arranges.

6.3. The customer may not counter the agent’s own payment claims by way of retention or offsetting, arguing that the customer has claims against the service provider it arranges, in particular due to inadequate fulfillment of the contract it arranges. This does not apply if the origin of such claims was caused or partly caused by a culpable breach of contractual obligations by the agent, or if the agent is liable to the customer for the asserted counterclaims for other reasons.

6.4. Marktravelz is entitled to charge a service fee of €100.00 for any subsequent changes or rebookings. In the event of cancellation of the trip, Marktravelz is entitled to charge a service fee of €100.00, unless otherwise agreed. The cancellation policies of the contracting parties remain unaffected.

7. Documents relating to the arranged travel services

7.1. Both the customer and the agent are obligated to check the accuracy and completeness of the contract and other documents of the arranged service provider relating to the travel services that were provided to the customer by the agent, in particular booking confirmations, flight tickets, hotel vouchers, visas, insurance certificates, and other documents relating to the arranged travel services, and in particular, their compliance with the booking and the agency agreement.

7.2. If documents relating to the arranged travel services are not sent directly to the customer by the arranged service provider, they will be delivered by the agent by mail or electronically.

8. Customer’s Obligation to Cooperate with the Agent

8.1. The customer must immediately notify the agent of any errors or deficiencies in the agency’s brokerage activities that are apparent to the customer upon discovery. This includes, in particular, incorrect or incomplete information regarding personal customer data, other information, information, and documents regarding the travel services arranged, as well as the incomplete execution of brokerage services (e.g., bookings or reservations not made).

8.2. If the customer fails to notify the customer in accordance with Section 9.1, the following applies:

a) If the customer fails to notify the customer in accordance with Section 9.1 through no fault of their own, their claims will not be waived.

b) The customer’s claims against the broker are waived to the extent that the broker proves that the customer would not have suffered any damage, or would not have suffered the amount claimed by the customer, had proper notification been provided. This applies in particular if the broker proves that immediate notification by the customer would have enabled the broker to remedy the defect or mitigate the damage, e.g., by rebooking, making an additional booking, or canceling with the brokered service provider.

c) The customer’s claims in the event of a failure to notify pursuant to Section 9.1 remain valid:

– in the case of damages resulting from injury to life, body, or health resulting from an intentional or negligent breach of duty by the agent or a legal representative or vicarious agent of the agent

– in the case of claims for compensation for other damages resulting from an intentional or grossly negligent breach of duty by the agent or a legal representative or vicarious agent of the agent

– in the case of a breach of a material duty, the fulfillment of which is essential for the proper execution of the agency contract or the breach of which jeopardizes the achievement of the contract’s purpose.

Liability for booking errors pursuant to Section 651x of the German Civil Code (BGB) remains unaffected.

8.3. Any contractual and/or legal obligation of the customer to notify the service provider of defects remains unaffected by Section 9.

8.4. In their own interest, the customer is asked to inform marktravelz of any special needs or restrictions with regard to the requested travel services.

9. Obligations of the Agent in the Event of Customer Complaints Against the Intermediary Service Providers

9.1. Claims must be asserted against the intermediary service providers within certain deadlines, which may arise from law or contractual agreements. These deadlines are generally not met by asserting claims against marktravelz. This also applies if the customer wishes to assert claims against both the agent and the service provider regarding the same travel service.

9.2. In the event of complaints or other assertion of claims against the intermediary service providers, the agent’s obligation is limited to providing the necessary information and documents known to it, in particular the names and addresses of the intermediary service providers.

9.3. If the agent undertakes to forward the customer’s timely claim letters – even without being obligated to do so – it is liable for timely receipt by the recipient only if the failure to meet the deadline was caused intentionally or through gross negligence by the agent.

9.4. With regard to any claims the customer may have against the service providers it has brokered, the agent is under no obligation to advise on the nature, scope, amount, eligibility requirements, deadlines to be observed, or other legal provisions.

10. Important information regarding travel insurance

10.1. Marktravelz advises customers of the option of taking out travel cancellation insurance when booking to minimize the risk of costs in the event of cancellations.

10.2. Customers are also advised that travel cancellation insurance typically does not cover damages that may arise from interrupting the use of travel services after they have begun, even if the customer is not at fault. Trip interruption insurance must generally be purchased separately.

10.3. Marktravelz also recommends ensuring adequate international health insurance coverage when traveling abroad.

10.4. When arranging travel insurance, the customer is advised that the insurance terms and conditions of the arranged travel insurance policies may contain special contractual conditions and/or customer cooperation obligations, in particular exclusions of liability (e.g., in the case of pre-existing medical conditions), the obligation to immediately cancel travel cancellation insurance, deadlines for reporting claims, and deductibles. The agent is not liable unless it has provided false information regarding the insurance terms and conditions and the arranged travel insurer has a right to refuse service to the customer based on effectively agreed insurance terms and conditions.

11. Liability of the agent

11.1. Unless the agent has assumed a corresponding contractual obligation through an express agreement with the customer, it is not liable for the conclusion of contracts with the service providers it is arranging.

11.2. Marktravelz is not liable for defects and damages incurred by the customer in connection with the arranged travel service. This does not apply to an express agreement or assurance by the intermediary to this effect, in particular if this deviates significantly from the service provider’s description of services.

11.3. Any liability of the intermediary pursuant to Section 651w Paragraph 4 of the German Civil Code (BGB) and Section 651x of the German Civil Code (BGB) and arising from the culpable breach of intermediary duties remains unaffected by the above provisions.

12. Consumer Dispute Resolution

Under applicable law, we are obligated to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without the need for court involvement. The European Commission is responsible for establishing the platform. You can find the European Online Dispute Resolution Platform here:

https://ec.europa.eu/odr

Marktravelz does not participate in dispute resolution proceedings of a consumer arbitration board and is not obliged to do so.

Section D:

Regulations for the brokerage of individual travel services or multiple travel services that do not constitute combined travel services within the meaning of Section 651w of the German Civil Code (BGB).

The provisions of this Part D regarding the brokerage of individual travel services apply if the brokered travel service is neither part of a package tour nor part of combined travel services. In this case, no information to the customer via a form is legally required.

1. Conclusion of Contract, Legal Provisions

1.1. Upon marktravelz’s acceptance of the customer’s brokerage order, the contract for the brokerage of travel services is concluded between the customer and the broker. The order and acceptance do not require any specific form.

If the order is placed electronically (email, internet, online booking form, fax, messenger services), marktravelz will immediately confirm receipt of the order electronically. This confirmation of receipt does not constitute confirmation of acceptance of the brokerage order.

1.2. The mutual rights and obligations of the customer and marktravelz arise, unless mandatory legal provisions conflict, from the contractual agreements concluded in the individual case, these Terms and Conditions, and the statutory provisions, in particular Sections 651a et seq. of the German Civil Code (BGB) in conjunction with Articles 250 et seq. of the Introductory Act to the German Civil Code (EGBGB) and Sections 675 and 631 et seq. of the German Civil Code (BGB) regarding the provision of services for a fee.

1.3. The rights and obligations of the customer towards the contractual partner of the arranged service are exclusively governed by the agreements concluded with them, in particular – if effectively agreed – their travel or business terms and conditions. Unless otherwise agreed or specifically indicated, the terms and conditions of carriage and tariff regulations issued by the responsible transport authority on a statutory basis or pursuant to international agreements apply to transport services.

2. General Contractual Obligations of the Agent, Information, and Advice

2.1. The customer will receive the best possible advice based on these Terms and Conditions. Upon request, marktravelz will then submit the booking request to the service provider. The obligation to provide services includes, after confirmation by the service provider, the handover of documents relating to the arranged travel service(s). This does not apply if it has been agreed that the service provider will send the documents directly to the customer.

2.2. When providing advice and information, marktravelz is liable, within the framework of the law and the contractual agreements, for the correct selection of the information source and its correct transmission to the customer. An information contract with a primary contractual obligation to provide information only comes into effect with a corresponding express agreement. According to Section 675 (2) of the German Civil Code (BGB), the agent is not liable for the accuracy of the information provided, unless a special information contract has been concluded.

2.3. Without an express agreement, the agent is not obligated to identify and/or offer the cheapest provider of the requested travel service. The agent’s contractual obligations within the scope of „best price guarantees“ provided by the agent remain unaffected.

2.4. Without an express agreement, marktravelz provides no guarantee within the meaning of Section 276 Paragraph 1 Sentence 1 of the German Civil Code (BGB) regarding information on prices, services, booking conditions, and other circumstances of the travel service, and no procurement guarantee within the meaning of this provision regarding information on the availability of the services to be arranged by the agent.

2.5. marktravelz accepts special requests only for forwarding to the service provider to be arranged. Unless expressly agreed otherwise, the agent is not responsible for fulfilling such special requests. These requests are also not a condition or contractual basis for the arrangement order or for the customer’s booking declaration to be transmitted by the agent to the service provider. The customer is advised that special requests generally only become part of the service provider’s contractual obligations if they are expressly confirmed by the service provider.

3. Agent’s Obligations Regarding Entry Regulations and Visas

3.1. The agent shall inform the customer about entry and visa regulations, provided that a corresponding order has been expressly agreed upon. Otherwise, a corresponding duty to provide information or explanations only exists if special circumstances known to the agent or obvious to the agent require an explicit notification and the relevant information is not already contained in the offer documents available to the customer.

3.2. The agent’s corresponding duty to provide information is limited to providing information from current, standard industry information sources. There is no specific duty to conduct research on the part of the agent without an express agreement to this effect. The agent may also fulfill its duty to provide information by informing the customer of the need to make its own, specific inquiries at relevant information points.

3.3. The above provisions apply accordingly to information about customs regulations, health-related entry regulations, preventive health measures for the customer and their fellow travelers, as well as import and export regulations.

3.4. If marktravelz undertakes, for a fee or free of charge, the registration for the customer within electronic systems to obtain entry permits as a prerequisite for entry into or transit into certain countries, the following applies: Without an express agreement, the assumption of this activity does not create any obligation on the agent to provide further inquiries or information regarding entry or transit formalities or transit stays during the trip, and in particular, not to obtain visas. The customer is advised that the electronic entry permit does not replace the final entry permit issued by the border authorities of the respective country.

3.5. Marktravelz is not obligated to obtain visas or other documents required for the execution of the trip without a special, express agreement. In the event of acceptance of such an order, the agent may, without an express agreement, demand reimbursement of the expenses incurred, which it deemed necessary under the circumstances. The agent may demand remuneration for its services if this has been agreed upon or if, under the circumstances, the service was only owed in return for appropriate remuneration.

3.6. The agent is not liable for the issuance of visas and other documents, nor for their timely access. This does not apply if the circumstances leading to the non-issuance or delayed access were caused or contributed to by the agent.

4. Position and Obligations of the Agent in Connection with the Mediation of Air Transport Services

4.1. In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, the agent is obligated to inform the passenger of the identity of the operating airline at the time of booking. If the operating airline is not yet known at the time of booking, the agent will provide the passenger with the information available from the mediated company regarding the airline likely to operate the flight. If the airline changes, the customer will be informed immediately. The Community list of airlines banned from flying in the European Union is available at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de.

4.2. The contractual relationship between the customer and the airline is subject – as applicable – to the statutory provisions of the German Air Transport Act, the Warsaw and Montreal Conventions, and, directly, like domestic statutory provisions, to:

Regulation (EC) No. 261/2004 on air passenger rights

Regulation (EC) No. 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air passengers of the identity of the operating air carrier

Regulation (EC) No. 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air

5. Reimbursement of Expenses, Remuneration, Collection, Payments, Fees

5.1. Marktravelz is entitled to demand payment in accordance with the terms and conditions of the service providers it has arranged, provided these have been effectively agreed between the service provider and the customer and contain legally binding payment terms.

The agent may assert payment claims against the customer as the customer’s authorized collection agent, provided this complies with the agreements between the agent and the service provider, but also under its own right based on the customer’s statutory obligation to pay in advance as the client pursuant to Section 669 of the German Civil Code (BGB).

5.2. The above provisions apply accordingly to cancellation fees (cancellation compensation) and other legally or contractually justified claims of the service provider it arranges.

5.3. The customer may not counter the agent’s own payment claims by way of retention or offsetting, arguing that the customer has claims against the service provider it arranges, in particular due to inadequate fulfillment of the contract it arranges. This does not apply if the origin of such claims was caused or partly caused by a culpable breach of contractual obligations by the agent, or if the agent is liable to the customer for the asserted counterclaims for other reasons.

5.4. Marktravelz is entitled to charge a service fee of €100.00 for any subsequent changes or rebookings. In the event of cancellation of the trip, Marktravelz is entitled to charge a service fee of €100.00, unless otherwise agreed. The cancellation policies of the contracting parties remain unaffected.

6. Documents relating to the arranged travel services

6.1. Both the customer and the agent are obligated to check the accuracy and completeness of all contractual and other documents relating to the travel services provided by the agent to the customer, in particular booking confirmations, flight tickets, hotel vouchers, visas, insurance certificates, and other documents relating to the arranged travel services, and which were provided to the customer by the agent, particularly for their compliance with the booking and the agency agreement.

6.2. If documents relating to the arranged travel services are not sent directly to the customer by the agent, they will be delivered by the agent by mail or electronically.

7. Customer’s Obligation to Cooperate with the Agent

7.1. The customer must immediately notify the agent of any errors or deficiencies in the agent’s brokerage activities that are apparent to the customer upon discovery. This includes, in particular, incorrect or incomplete information regarding personal customer data, other information, information, and documents regarding the travel services arranged, as well as the incomplete execution of brokerage services (e.g., bookings or reservations not made).

7.2. If the customer fails to notify the customer in accordance with Section 8.1, the following applies:

a) If the customer fails to notify the customer in accordance with Section 8.1 through no fault of their own, their claims will not be waived.

b) The customer’s claims against the broker will be waived to the extent that the broker proves that the customer would not have suffered any damage, or would not have suffered the amount claimed by the customer, had proper notification been provided. This applies in particular if the broker proves that immediate notification by the customer would have enabled the broker to remedy the defect or mitigate the damage, e.g., by rebooking, making an additional booking, or canceling with the brokered service provider.

c) The customer’s claims in the event of a failure to notify pursuant to Section 8.1 shall not lapse:

– in the case of claims for compensation for other damages resulting from an intentional or grossly negligent breach of duty by the agent or a legal representative or vicarious agent of the agent

– in the case of a breach of an essential duty, the fulfillment of which is essential for the proper execution of the agency contract or the breach of which jeopardizes the achievement of the contract’s purpose. Liability for booking errors pursuant to Section 651x of the German Civil Code (BGB) remains unaffected.

7.3. Any contractual and/or statutory obligation of the customer to notify the service provider of defects remains unaffected by Section 8.

7.4. In their own interest, the customer is asked to inform marktravelz of any special needs or restrictions with regard to the requested travel services.

8. Obligations of the Agent in the Event of Customer Complaints Against the Intermediary Service Providers

8.1. Claims must be asserted against the intermediary service providers within certain deadlines, which may arise from law or contractual agreements. These deadlines are generally not met by asserting them against the agent. This also applies if the customer wishes to assert claims against both the agent and the service provider regarding the same travel service.

8.2. In the event of complaints or other assertion of claims against the intermediary service providers, the agent’s obligation is limited to providing the necessary information and documents known to it, in particular the names and addresses of the intermediary service providers.

8.3. If the agent undertakes to forward the customer’s timely claim letters – even without being obligated to do so – it is only liable for timely receipt by the recipient if the failure to meet the deadline was caused by the agent intentionally or through gross negligence.

8.4. With regard to any claims the customer may have against the service providers, the agent is under no obligation to advise on the type, scope, amount, eligibility requirements, deadlines to be observed, or other legal provisions.

9. Important information on travel service insurance

9.1. Marktravelz advises customers of the option of taking out travel cancellation insurance when booking to minimize the risk of costs in the event of cancellations by the customer.

9.2. The customer is further advised that travel cancellation insurance does not typically cover damages that may arise from the cancellation of travel services after they have commenced, even if the customer is not at fault. Trip cancellation insurance must generally be taken out separately.

9.3. Marktravelz also recommends ensuring adequate international health insurance coverage when traveling abroad.

9.4. When arranging travel insurance, the customer is advised that the insurance terms and conditions of the arranged travel insurance policies may contain special contractual conditions and/or obligations of cooperation on the part of the customer, in particular exclusions of liability (e.g., in the case of pre-existing medical conditions), the obligation to immediately cancel travel cancellation insurance, deadlines for reporting claims, and deductibles. The agent is not liable unless it has provided false information regarding the insurance terms and conditions and the arranged travel insurer has a right to refuse service to the customer based on effectively agreed insurance terms and conditions.

10. Liability of the agent

10.1. Unless the agent has assumed a corresponding contractual obligation through an express agreement with the customer, it is not liable for the conclusion of contracts with the service providers it is arranging.

10.2. The agent is not liable for defects and damages incurred by the customer in connection with the arranged travel service. This does not apply to an express agreement or assurance by the intermediary to this effect, in particular if this deviates significantly from the service provider’s description of services.

10.3. Any liability of the intermediary arising from a culpable breach of intermediary duties remains unaffected by the above provisions.

11. Consumer Dispute Resolution

https://ec.europa.eu/odr

Marktravelz does not participate in dispute resolution proceedings of a consumer arbitration board and is not obliged to do so.

marktravelz

Owner: Dr. Mark Ortmann
Adalbertstr. 66
10179 Berlin
Germany

WhatsApp: +49 172 69 49 49 2
Email: mark@marktravelz.de

As of: May 1, 2025