Terms and conditions of Dorint GmbH | Essential by Dorint GmbH

Dear Customer,

The following terms and conditions apply to the brokerage of third-party tour operator products by Dorint GmbH (Dorint GmbH) and are an integral part of the agency contract (travel agency contract) concluded between you as the customer and us as the Internet sales platform (travel agent). They supplement the applicable statutory provisions of Sections 675, 631 et seq. BGB and complete them. If you have booked a trip with Dorint GmbH, these provisions do not apply to the arrangement of third-party tour operator products of Dorint GmbH.

1 Scope of application and contractual relationships

1.1 Dorint GmbH operates an online travel portal under the website www.dorint.com (hereinafter "Website"). On the Website, the User can check the availability of hotel and other tourism services (hereinafter collectively referred to as "Tourism Services") of various tour operators etc. (hereinafter collectively referred to as "Providers") in accordance with the registrations and entries made by the User. If desired, the user can also conclude contracts for tourism services with the respective provider. Furthermore, general travel information and tips are available.

1.2 Dorint GmbH acts exclusively as an agent for the tourism services of third parties (including its licensees) and arranges contracts in the name and for the account of these providers. An agency agreement is concluded between Dorint GmbH and the User in the event of a booking of a third-party tourism service, the object of which is the brokerage of tourism services.

1.3 The tourism services presented on the Website or presented via our booking hotline and subsequently sent by e-mail, if applicable, do NOT constitute a binding contractual offer on the part of Dorint GmbH and/or the respective provider. Rather, it is an invitation to the user to submit an offer to conclude a contract with the provider of the tourism service. The User submits the offer by entering his/her data in the online booking form and sending it to Dorint GmbH. In the case of telephone bookings, the offer is submitted by the user verbally on the telephone or by e-mail in response to an offer e-mail from Dorint GmbH after a previous telephone call with the user. The contract for the tourism service is concluded upon transmission of the confirmation.

1.4 The brokered contract for the tourism service may be based on the provider's own General Terms and Conditions (GTC). These may include payment terms, provisions on due dates, liability, cancellation, rebooking and repayment - where applicable - as well as other restrictions and obligations of the user. The relevant general terms and conditions of the providers are made available to the User on the Dorint GmbH website for inspection and acceptance prior to booking.

1.5 The text of the contract and your order data are stored by Dorint GmbH for the purpose of processing the contractual relationship, but cannot be accessed by you directly via the website. Dorint GmbH forwards the contract data to the contractual partners selected by you (e.g. tour operators, credit card companies, etc.) as part of the contract processing. For easy archiving, we provide you with all information on the concluded agency or travel contract within the confirmation e-mail of your booking order. You can view these conditions, the conditions of the providers of tourism services and the insurance conditions of the products we offer at any time on our website and save them on your computer.

2 Obligations of the customer

2.1 Defects in Dorint GmbH's agency services must be reported to Dorint GmbH without delay; if reasonable, the customer must be given the opportunity to remedy the defect. If the User culpably fails to report a defect, any claims of the User arising from the agency agreement shall lapse, insofar as Dorint GmbH would have been able to provide a reasonable remedy for the User.

2.2 The User is advised that Dorint GmbH is not entitled or obliged to accept complaints regarding the tourism services of third parties. Such complaints must be made directly to the provider of the respective service.

2.3 A booking of tourism services arranged by Dorint GmbH is only possible once the User has attained full legal capacity.

3. business processing

3.1 Dorint Service Center: The Dorint Service Center will assist the User with all questions. This is available via the contact page in the service area on this website as well as via the telephone numbers provided from Monday to Friday from 8.00 am to 6.00 pm.

3.2 Payments: a) Upon conclusion of the contract, the respective provider may request a deposit, which will be deducted from the price of the tourism service. In the case of travel within the meaning of §§ 651a-y BGB, a deposit may only be requested in return for or after submission of a security certificate from the provider. Depending on the products booked, payment will be collected by the Supplier itself, by Dorint GmbH or by a service provider appointed to collect the debt. If Dorint GmbH or a service provider used by it to collect payments invoices travel or other services and collects payments, this is done in the name and for the account of the respective provider. b) The user can make payments due to the providers of the tourism services with VISA, MasterCard and American Express credit cards if these are offered by the provider of the tourism service as a means of payment. c) Payments can also be made from current accounts of a German financial institution via instant bank transfer. d) Some tour operators allow online payment via PayPal and MasterPass by MasterCard. e) Dorint GmbH is entitled to charge any chargeback fees to the user for unredeemed credit card charges or bank transfers.

3.3 Travel plan or travel documents: We only offer an electronic ticket (e-ticket) instead of a paper ticket. As a rule, an electronic booking code is transmitted in text form (usually by e-mail), which the customer must state or present at check-in in conjunction with an identification document (identity card or passport).

3.4 Contract amendments (rebooking, withdrawal/cancellation): After conclusion of the contract with the provider of the tourism service, the conditions for changes to the contract initiated or requested by the customer (e.g. rebooking, withdrawal) are based on the conditions of the respective provider. Dorint GmbH is entitled to invoice the user for all costs incurred as a result of contract changes in the name of the respective provider and to collect or retain these amounts.

3.5 Forwarding of data for processing the booked service Dorint GmbH collects and uses your data in accordance with data protection regulations. In order to process the booking, Dorint GmbH forwards the personal data entered by the user to the respective provider or stores it if Dorint GmbH itself is the tour operator or contractual partner.

4. travel insurance

Dorint GmbH draws particular attention to the possibility of taking out hotel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.

5 Liability of Dorint GmbH

5.1 Dorint GmbH is not liable for the brokerage success and/or the actual/defect-free provision of the third-party tourism service itself, but only for the fact that the brokerage is carried out with the care of a prudent businessman.

5.2 Dorint GmbH makes reasonable efforts to ensure that the information, software and other data available on the website, in particular with regard to prices, restrictions and dates, are up-to-date, complete and correct at the time of publication. However, the individual details of third-party tourism services are based on the information provided by the respective providers. Dorint GmbH does not assume any guarantee for this.

5.3 All tourism services presented on the Website are only available to a limited extent. Dorint GmbH is not liable for the availability of a travel service at the time of booking.

5.4 Dorint GmbH also assumes no liability for the accuracy, completeness and reliability of other third-party content. Only the local information provided to you in the offer within the online booking process and/or in the corresponding confirmation is decisive for the conclusion of the contract.

5.5 The exclusions set out in clauses 5.2, 5.3 and 5.4 do not apply if Dorint GmbH was aware of incorrect and/or inaccurate information or should have been aware of it if it had exercised due diligence in line with commercial and industry practice. In this respect, however, Dorint GmbH's liability for the knowledge of such circumstances is limited to cases of intent or gross negligence.

5.6 Otherwise, Dorint GmbH shall only be liable for damages other than personal injury in cases of intent or gross negligence, in the event of liability for guarantees assumed and in the event of liability for the breach of material contractual obligations (cardinal obligations). Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely. Accordingly, they are the main contractual obligations. In the event of negligent breach of material contractual obligations, Dorint GmbH's liability is limited to foreseeable damage typical for the contract.

5.7 Dorint GmbH is not liable for the loss or destruction of the itinerary or travel documents in connection with shipment for which it is not responsible.

5.8 Dorint GmbH is not liable for the consequences of force majeure. This includes orders from authorities, wars, civil unrest, hijackings, terrorist attacks, fire, floods, power failures, accidents, storms, strikes, lockouts or other industrial action affecting the services of Dorint GmbH or its suppliers.

6 Final provisions

6.1 Dorint GmbH reserves the right to amend these Terms and Conditions at any time with effect for the future, without any obligation to notify the User in this respect. The current version of these Terms and Conditions will be made available on the Website from the time of their validity. By continuing to use the website after a change to these terms and conditions, the user declares his agreement to the changes.

6.2 These Terms and Conditions contain all agreements of the agency agreement existing between the User and Dorint GmbH and replace all previous agreements, irrespective of whether these were made verbally, electronically or in writing.

6.3 The contractual relationship between the User and Dorint GmbH is subject to the law of the Federal Republic of Germany, irrespective of the User's nationality. The place of jurisdiction for registered traders, for persons who have no general place of jurisdiction in Germany and for persons who have moved their domicile or habitual residence abroad after conclusion of the contract or whose domicile or habitual residence is not known at the time the action is brought is Cologne (Germany).

6.4 Should one of the above provisions be or become invalid, this invalidity shall not affect the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the provision to be replaced.

User:

Dorint GmbH Aachener Strasse 1051 50858 Cologne Commercial Register: Cologne, HRB 59251 Status: June 2019