Lekvad Travel AB
Skogsdal 3; S-51196 Berghem
[hereinafter referred to as "incoming agency"]
1.1 These incoming general terms and conditions apply to all contracts between the incoming agency and the client in the area of B2B via incoming services such as e-mail. Group travel, incentive travel, meetings or congresses organized by the Incoming Agency (hereinafter referred to as "Events"). They therefore do not apply to incoming contracts in which the incoming agency, if appropriate in addition to the client, acts as tour operator to the end customer. They also do not apply to incoming services, which are merely provided by the incoming agency.
1.2 General terms and conditions of the client apply only if this has been expressly agreed in writing.
2. Conclusion of the contract
2.1 Offers from the Incoming Agency are not binding. With his order the client offers the conclusion of an incoming contract binding. The contract is concluded upon receipt of the declaration of acceptance by the incoming agency.
2.2 If the contents of the declaration of acceptance of the incoming agency deviate from the content of the order, then a new offer of the incoming agency is available, to which it is bound for the period specified in this declaration. The contract is concluded on the basis of this new offer if the client declares the acceptance by explicit declaration, deposit or final payment within the binding period of the incoming agency.
2.3 Upon or immediately after conclusion of the contract, the incoming agency will provide the client with a written confirmation; in exceptional cases, this can be done verbally or by telephone.
2.4 If, however, the offer of the incoming agency is made in response to a specific request from a potential client, the contract is concluded by the declaration of acceptance by the client.
3.1 The contractual services of the incoming agency are based on the brochures issued by it, the specifications in the offer and the confirmation of the incoming agency, unless otherwise agreed with the client individually.
3.2 Leaflets, such as Site or hotel brochures, or Internet tenders that have not been issued by the Incoming Agency or sent to the Client by the Incoming Agency, are not binding on the Incoming Agency and its obligation to perform, unless expressly agreed otherwise between the Contracting Parties.
4. Service changes
4.1 Changes to essential contractual services of the agreed content of the incoming contract, which become necessary after conclusion of the contract and which were not brought about by the Incoming Agency against good faith, are permitted insofar as they are reasonable for the client taking into account the interests of the client. Insofar it is expressly valid: As far as the Incoming agency announces forwarding times by sending the documents, these are subject to the change on the part of the respective carrier. If a hotel as a service provider refuses to accommodate the client or its customers in the booked hotel without this being the responsibility of the incoming agency, the incoming agency has the right to provide the client with a comparable hotel. Section 9.2 remains unaffected.
4.2 The incoming agency is obligated to inform the client about significant changes in service immediately after becoming aware of the reasons for the change.
5.1 Pre-payment and final payment depend on the agreements made between the incoming agency and the client.
5.2 If an agreement has not been made, the customer shall immediately after conclusion of the contract have to pay a pre-payment of 30% and the final payment at least 21 days before the start of the event. Payments have to be made at the expense of the incoming agency, in particular for foreign clients, without deduction of payment costs. Decisive is the time of receipt.
5.3 If the client fails to pay the pre-payment and / or the balance in accordance with the agreed terms of payment, the Incoming Agency is entitled to withdraw from the contract after a reminder with a deadline and to charge the client with cancellation fees in accordance with Section 8.
5.4 The customer shall be in default of payment 30 days after receipt of the invoice without reminder and shall pay the invoice amount at 8 percentage points above the base rate of the Deutsche Bundesbank. An earlier notice of default and the assertion of a further delay damage remain expressly reserved.
6. Price increase
6.1 After the conclusion of the Incoming Agreement, the Incoming Agency may assert price increases from its service providers in full to the Principal to the extent that the price increase does not manifestly occur without any contractual or legal basis. The client may demand that the incoming agency assigns its claims against the service provider to him due to a not obviously inadmissible price increase and accepts the price increase to the service provider only with reservations. Price increases due to a proven change in taxes, port, airport and security fees or other government fees are generally permitted.
6.2 The incoming agency must prove the price increase to the client by means of corresponding proof. Price increases are to be communicated to the customer immediately.
7. Booking transfers
7.1 The right to transfer the booking, including the deadlines and the booking costs, is governed by the agreements made between the incoming agency and the client.
7.2 If an agreement has not been made, the following transfer conditions apply: A claim of the client after conclusion of contract for changes in terms of a service date, a performance target, a place of performance, accommodation, the mode of transport does not exist. If, however, a booking transfer is made at the request of the client, the incoming agency may request a booking transfer fee of 80 € if the booking transfer request is received at least 14 days before commencement of service. In case of booking transfer requests of the client, which take place after expiry of the aforementioned deadlines and if their execution is possible at all, the incoming agency will forward in advance the booking transfer or cancellation and new completion costs to be levied by the service provider. A booking transfer of the customer is only possible upon payment of these costs and the aforementioned rebooking fee.
8.1 The right of withdrawal, including the deadlines and cancellation fees, is governed by the agreements made between the incoming agency and the client.
8.2 If a specific agreement has not been made, the following cancellation conditions apply: In the case of a withdrawal of the client, the Incoming Agency is entitled to cancellation fees, if it is not responsible for the incoming agency or if there is a case of force majeure staggered, d. H. taking into account the closeness of the date of withdrawal to the contractually agreed commencement of service as a percentage of the price. In calculating the compensation, usually saved expenditures and usually possible other uses of the contractual services are taken into account. The cancellation fees will be calculated as follows after the time of receipt of the declaration of cancellation by the client:
- Up to 31 days before commencement of the course 5%
- from 30 to 21 days before the start of the course 30%
- from 20 to 15 days before the start of the course 60%
- from 14 to 8 days before the start of the course 80%,
- from 7 days to no-show 100% of the price
8.3 The Incoming Agency reserves the right to demand higher, concrete compensation in deviation from the above or the agreed lump sums. In this case, the incoming agency is obliged to quantify and substantiate the required compensation, taking into account the saved expenses and any other use of the incoming services.
8.4 In any case, the client is at liberty to prove to the incoming agency that no or substantially less damage has been caused than the lump sum demanded by it.
9. Force Majeure
9.1 If the client is hindered in the use of one, several or all incoming services due to force majeure (in particular war, civil unrest, epidemics, sovereign orders, strikes, natural disasters, accidents, destruction of accommodation or equivalent cases), although the Incoming Agency resp If the service provider is able to render the services in accordance with the contract, the client is not entitled to a free cancellation. The incoming agency is only obliged to reimburse the price to the extent that it receives a refund from the service providers.
9.2 If the incoming agency makes the provision of one, several or all incoming services considerably more difficult, endangering or impaired due to force majeure, the incoming agency may decide to accept the contract as a whole or, if the services not affected are still of interest to the client terminate corresponding power section due to force majeure. In this case, the incoming agency and the client each bear half the costs of the service provider or parties to the terminated services. Incidentally, there is no further refund to the client. Additional costs incurred due to force majeure of the incoming agency must also be borne equally by the incoming agency and the client. The incoming agency must prove the costs to the client.
10. Unused services
10.1 If the client does not use individual incoming services that were duly offered to him for reasons that are attributable to him (eg because of early return or for other compelling reasons), he has no right to a pro-rata refund of the price. The incoming agency will endeavor to reimburse the expenses saved by the service providers.
11. Passport, visa and health regulation
11.1 The client is responsible for himself and his customers for compliance with the passport, visa and health regulations, for obtaining and carrying the necessary travel documents, for any necessary vaccinations and for compliance with customs and foreign exchange regulations. Any information provided by the agency to the client, unless otherwise expressly agreed, is non-binding. Disadvantages arising from non-compliance with these regulations, eg. B. the payment of cancellation costs, are at the expense of the client, unless the Incoming Agency is responsible.
12. Obligations of the client
12.1 If the Incoming Agency does not receive any other instructions from the Client, the Contract documents will be sent at the Client's risk to the postal address designated by him. The client must notify the Incoming Agency if he does not receive the required contractual documents (eg flight ticket, hotel voucher) within the deadline communicated by the Incoming Agency. The client is advised that in the case of a (shipping) loss of contract documents which do not name the claimant by name, such as a. Tickets, basically no replacement can be issued. For this reason, it is recommended to the client to arrange the shipment via e.g. To organize messengers.
12.2 Unless otherwise agreed, the client must notify the incoming agency no later than 5 days before commencement of the service how many of its customers are participating in the services so that the incoming agency can inform the corresponding service providers. If the client does not comply with this obligation or if the number of participants changes after the deadline has expired, the client must bear all consequences resulting therefrom, in particular rebooking and costs of service providers.
12.3 If a service is not provided in accordance with the contract, the customer may request remedy by setting a reasonable deadline, unless this requires a disproportionate effort. The client is obliged to notify the incoming agency of a performance defect immediately, an advertisement to the respective service provider is not sufficient. If he neglects this culpably, the client can not derive any claims from the lack of service. This only applies if the ad is visibly hopeless or unreasonable for other reasons.
12.4 The client shall prevent the occurrence of damage as far as possible and minimize any damage incurred. In particular, he has to alert the incoming agency to the risk of damage.
12.5 The client is responsible for all contractual obligations of his customers as well as for his own.
12.6 If the incoming agency is charged by a service provider with costs incurred due to the use of services by the client or its customers and which are not part of the contract for incoming services, the incoming agency has a claim for reimbursement against the client.
12.7 The client is prohibited from acting as intermediary of a contract with the incoming agency towards his customers and / or presenting the incoming agency as tour operator. The client is advised that he may be required to complete a customer deposit protection for his customers in the presence of appropriate legal provisions.
13.1 In the case of hotel bookings, incoming services also include hotel bookings, the client must, in accordance with the general terms and conditions of hotels, note the following and inform its customers accordingly: - The client is informed that in some cases hotels provide guests with appropriate collateral, e.g. by depositing credit card deductions. - The client acquires no claim to provision of certain rooms, unless this has been expressly agreed in writing. - Unless otherwise agreed, rooms are available from 3pm until the following day at 11am. In the event of delayed eviction, the client is liable to the hotel or the incoming agency has a claim for reimbursement against the client. In addition, the client is advised that a hotel may be able to withdraw from the contract if bookings are made under misleading or false statements of essential contractual facts, e.g. on the person of the customer or for the purpose of his stay (for example, a meeting instead of a holiday). The client has to bear all consequences from this.
14.1 The incoming agency is liable to the client only for intent and gross negligence, for slight negligence, it is only liable for breach of a material contractual obligation and damages resulting from injury to life, limb or health. The same applies to breaches of duty of a legal representative and vicarious agents of the incoming agency. The liability for damages of the incoming agency due to a slightly negligent breach of essential contractual obligations is limited to the contractually foreseeable damages.
14.2 Insofar as the Principal fundamentally has claims for compensation against the Incoming Agency, the following shall apply to the calculation of the Client's damages against the Incoming Agency in cases where the damages are based on claims of the Client's clients: The Principal may only claim damages legally established by its customers. In addition, the customer's claim must also be provided under German law - claims for useless spent holiday time are generally excluded. In terms of amount, the claim is also limited to a comparative calculation under German law, whereby any reduction claims are only calculated on the respective service concerned, not on the total price. Instead of asserting damages, the client may demand the assignment of claims of the incoming agency to the service provider. The incoming agency is thus released from all claims of the client.
14.3 If a service to be provided by a service provider is subject to international conventions or statutory provisions under which a claim for damages can only be asserted under certain conditions or restrictions, the incoming agency may refer to these agreements and the legal provisions based thereon. Contractual limitations of liability between the incoming agency and a service provider shall also apply in the relationship between the incoming agency and the client, provided that the client has been informed of the limitation of liability upon conclusion of the contract and the limitations of liability do not violate the provisions set out in sections 14.1 and 14.2.
15. Exclusion period
15.1 Claims for non-contractual provision of travel must be made by the client within one month after the contractually stipulated date of termination of the incoming services to the Incoming Agency. After expiry of the period, the client can only assert claims if he has been prevented from observing the deadline without fault.
16. Statue of limitation
16.1 Claims of the client vis-à-vis the incoming agency become statute-barred in one year. This does not apply to claims for damages based on injury to life, limb or health or due to intentional or grossly negligent breach of duty by the Incoming Agency or a legal representative or vicarious agent of the Incoming Agency..
16.2 The period of limitation begins with the end of the year in which the claim arose and the client would have to become aware of the circumstances giving rise to the claim and of the incoming agency as a debtor or would have to gain without gross negligence.
16.3 If negotiations between the Client and the Incoming Agency regarding claims asserted or the circumstances giving rise to the claim are involved, the limitation period is suspended until the Client or the Incoming Agency refuses to continue the negotiations. The limitation period of one year occurs at the earliest three months after the end of the inhibition.
16.4 The above provisions do not apply insofar as international agreements, ordinances or directives of the European Union contain statute of limitations which are applicable to the legal and / or contractual relationship between the client and the incoming agency and which are not waived even for contracts between entrepreneurs can.
17. Choice of law and jurisdiction
17.1 The contractual relationship between the client and the incoming agency is governed exclusively by Swedish law. This also applies to the entire legal relationship.
17.2 Insofar as, in the case of claims of the Client against the Incoming Agency abroad, Swedish law is not applied for the liability of the Incoming Agency, only German law shall apply with regard to the legal consequences, in particular with regard to the type, scope and amount of the Client's claims.
17.3 The place of jurisdiction is Borås, as the domicile of the incoming agency.
17.4 The above provisions on the choice of law and the place of jurisdiction shall not apply if and to the extent that provisions of international agreements which are to be applied to the contract between the Client and the Incoming Agency result in something else in favor of the Client.
18. Final clause
18.1 The invalidity of a clause of the contract or these terms and conditions does not affect the validity of the contract or the terms and conditions otherwise. In the event of a dispute, an ineffective clause shall be replaced by one which, as far as legally possible, is closest in content to the ineffective clause and most closely corresponds to the parties' well-understood economic interest in the invalid clause. The above clauses shall apply mutatis mutandis in the event that the contract proves to be incomplete.
State: November 2019