http://www.topservice.de – terms and conditions
http://www.topservice.de acts as a broker of travels, flights, hotels and other travel services.
You can use this website under the condition of your acceptance of the following conditions. If you do not accept these conditions, you are not allowed to use this website.
§ 1 Scope of application
Businessplus.de operates by the use of this website an online-booking-portal for traders and businessmen making use of travel services in line with their professional and/or their com-mercial activity and not for private purposes (below named “customers on business”). Busi-nessplus.de acts along with your Lufthansa City Center as a broker of travel services within relation to the customers on business. Any contractual relations to your attending Lufthansa City Center providing services for customers on business will be completed or modified by these terms and conditions using this portal.
On Businessplus.de you can check the availability of travel services, flight services, hotel services or any other services and travel insurances, car rental etc. (below named “travel services”) of different tour operators, airlines, hotel companies, travel agencies etc. (below named “provider”) according to your data and input. Furthermore you can enter into a con-tract of travel services immediately with the providers. These terms and conditions govern the contractual relation between Businessplus.de and you booking travel services. The relation between you and the particular provider is governed exclusively by the terms and conditions of this particular provider. You can see and download these terms and conditions before the closure of the booking.
You are not allowed to change, copy, distribute, transfer, exhibit, demonstrate, duplicate, publish, license, establish derived work, convey or sell information, software, products or services receiving through this website.
Hyperlinks on this website are only provided as references. Businessplus.de is not responsible for the content of these websites.
§ 2 Legal relationship to Businessplus.de
Contracts of travel services between all booking persons, participants, travelers and providers are not concluded with Businessplus.de but with the particular provider in consideration and inclusion of the terms and conditions of the particular provider.
Contracts of travel services are concluded exclusively on behalf and account of the particular provider. Your booking (see § 4) is in relation to Businessplus.de an offer to conclude a con-tract. Businessplus.de reserves the right to accept the offer.
§ 3 Closure of the contract about travel services
If Businessplus.de or the provider confirms you the booking written, by telephone, by mail or in any other manner, you and the provider conclude the contract arranged by Busi-nessplus.de.
The arranged contract can base upon terms and conditions of the provider. These terms and conditions can contain conditions of payment, terms of due date, liabilities, cancellation, re-booking etc. as well as further restrictions and obligations. The corresponding terms and conditions of the provider will be provided to you – if possible- on the website for your inspec-tion and acceptance.
The text of the contract as well as your order date will be recorded by Businessplus.de for the execution of the contract and will be handed on to selected offerers/contracting parties (e.g. hotel, airline, bank) in favor of the execution of the contract.
§ 4 Offers/content of the website
The offers of travel services presented on Businessplus.de are not a binding offer of the par-ticular provider. It is an invitation to you to deliver an offer to conclude a contract. An offer delivered by you to conclude a contract of travel services with the particular provider (book-ing) is binding for you.
§ 5 Closure of contracts
The following applies to the closure of a contract of travel services with the particular provider if there are not different regulations governing in the concrete booking-process or in the terms and conditions of the particular provider:
5.1. The process of the online-booking is represented with explanations on the correspon-dent websites.
5.2. You have a possibility to change or to correct your input and to cancel or to remove the whole form of online-booking. There will be a reference to this possibility through-out the whole booking-process. Please be informed that there is no chance of correc-tion after sending the booking (see § 5.4.).
5.3. You are responsible for the correctness of your input. You have to assume all costs arising from false information. Businessplus.de has the right to contest a contract in case of a confirmed booking basing on an erroneous false input of data or a computer bug.
5.4. In case of the recording of the wording of a contract you will be informed of the re-cording as well as of the possibility to recall the wording of the contract later on.
5.5. By pressing the push button “book with costs” you offer bindingly to the provider the closure of a contract of the previously mentioned travel services. You will get imme-diately a confirmation by electronic channels (acknowledgement of receipt).
5.6. The transmission of the booking by pressing the push button “book with costs” does not constitute a claim of you for the conclusion of a contract correspondent to your booking. At the moment you are receiving the confirmation of booking/travel the con-tract is concluded. In case of any differences of the confirmation of booking/travel to your booking the contract is concluded with the content of the confirmation of book-ing/travel unless you do not point these differences out corresponding to § 6.
5.7. In case the confirmation of booking is presented immediately on screen after pressing the push button “book with costs” the contract is concluded in the moment the confir-mation of booking is presented without need of a message of the entry of a booking. In this case you will have the possibility of saving and printing the confirmation of booking. Your choice of making use of this possibility of saving and printing does not affect the binding character of the contract.
§ 6 Obligation to co-operate of the customer
You are obliged to prove immediately the correctness of the acknowledgement of receipt and/or the confirmation of booking/invoice and to inform the offerer respectively Busi-nessplus.de about incorrectness or differences. You are also obliged to inform Busi-nessplus.de immediately about a malperformance in view of the arranging of the contract by Businessplus.de and you have to give Businessplus.de the chance of removing. In case you fail negligently in your obligation to inform Businessplus.de any warranty claims from the con-tract with Businessplus.de will expire.
Every customer on business bears the risk of unauthorized use of his user name and pass-word. Businessplus.de can only point out that user name and password should kept secret. Customers on business shall be liable for all damages arising by reason of the unauthorized use of user names and passwords.
§ 7 Due date of travel costs and handling of payments
You can find the due date of travel costs and handling of payments in the offer respectively the contract documents of the provider. Businessplus.de has the right of rescission of the contract of travel services in case of non-payment within the period prescribed after a pre-vious reminder.
As far as Businessplus.de has to send out reminders, the charge fee for a reminder amounts € 10,00.
§ 8 Rebooking and rescission
8.1. The rebooking of a booked and confirmed travel service is only possible by rescission of the booked travel service and concurrent new booking of another travel service, un-less the provider does not have other regulations or the case is otherwise regulated by law. Any costs for rebooking or part-payable compensations comply with the terms and conditions of the particular provider.
8.2. The possibility of a rescission of the booking comply exclusively with the terms and conditions of the particular provider. You can ask our service center for details as well as the complete terms and conditions. Businessplus.de will provide information for the customer in all conscience but is not liable for the correctness or completeness of the information given by the providers. § 10 governs in all remaining cases.
8.3. The relevant moment for the rescission is the entrance at Businessplus.de within business hours. We recommend to give in the rescission in written form to avoid mi-sunderstandings.
8.4. It is mandatory for the payment of any refund to send back the original travel docu-ments to Businessplus.de unless these documents have not been provided electroni-cally.
8.5. Businessplus.de demands service fees for the handling of additional changes of a booking (rebooking, rescission, refund, change of names etc.) as well as for redemp-tion of travel documents in case the action does not base on a fault of Busi-nessplus.de:
1) In case of rescission of a booking-order before the issuing of the travel documents each person has to pay a fee in the amount of € 50,00.
2) In case of rescission of a booking-order after the issuing of the travel documents each person has to pay a fee in the amount of € 50,00 in addition to the costs re-gulated in the terms and conditions of the provider.
3) In case of a possible rebooking according to the terms/vacancies of the provider each person has to pay a fee in the amount of € 50,00 in addition to the costs re-gulated in the terms and conditions of the provider.
4) In case of possible change of name each person has to pay a fee in the amount of € 50,00 in addition to the costs regulated in the terms and conditions of the provider unless the change of name is approved by the provider. A change of name also includes minor changes in name spelling or the exchange of first name and family name.
In case of rescission, rebooking or change of name caused by an incomplete perfor-mance of Businessplus.de you do not have to pay a fee. § 10 governs in all remaining cases.
8.6. Businessplus.de demands fees for the online-arranging of travel services. These fees will not be refunded in case of rescission unless the rescission does not base on a fault of Businessplus.de.
§ 9 Travel insurance
Businessplus.de alludes to the possibility and advisability of a travel insurance as well as an insurance covering costs of return and disease.
§ 10 Liability of Businessplus.de
10.1. Businessplus.de is not liable for the success of arranging a contract and/or the actual and satisfactory provision of travel services but only for the provision of travel services with due care and diligence of a prudent businessman.
10.2. Information, Software and other data available on the website particularly relating to prices/restrictions and appointments are based on data of the providers. Busi-nessplus.de tries within a reasonable scale to ensure the currentness of all data in the moment of publication. There is no acceptance of a guarantee for this purpose. In particular the travel services represented on the website are only of limited availability. Businessplus.de is not liable for the availability of a travel service to the time of booking.
10.3. Businessplus.de does not warrant the correctness, completeness and reliability of other contents of any third parties.
10.4. In all remaining cases there is no liability of Businessplus.de for any claims for dam-ages not resulting from the injury of life, body or health as far as there is no liability because of assumed guarantee or guarantee for fundamental breach of the contract, whereupon there is also no liability of Businessplus.de for negligent breach of the contract.
10.5. The parties are liable one another for any damages of the other party resulting from the breach of duties of this paragraph or the legal regulations.
10.6. In all remaining cases Businessplus.de is only liable for intention and culpable negli-gence. A liability for financial, secondary or indirect damages particularly for loss of profit, information and data and other reductions of profit is excluded. A liability for damages resulting from a data loss including the costs of data recovery is also ex-cluded. The limitations of liability apply independent of legal basis for all in connection with this contract given liability claims excluded mandatory legal regulations (e.g. Product Liability Act).
10.7. Businessplus.de is not liable for any loss, destruction or damage of travel documents independent of negligence of Businessplus.de in connection with the dispatching.
10.8. Businessplus.de is not liable for consequences due to a force majeure. A case of force majeure is particularly – but not exclusively – existent in the event of official directives, wars, civil commotions, hi-jackings, terrorist attacks, fire, severe weather, flood, blackout, accidents, strikes, lock-outs and other legal measures of industrial action, unless Businessplus.de and/or the providers as well as their suppliers are affected and/or influenced by these circumstances.
§ 11 Passes, visa and travel documents
As a basic principle you have to apply for the identity cards, passes, visa, documents for im-portation and other necessary travel documents of you and your fellow passengers required for the performance/provision of the booked travel service and to check the correctness of these documents and to carry them with you.
§ 12 Data protection
12.1. Data storage and transfer
Your personal and business data, e.g. name, address, postal address etc. will be saved if you give this data to Businessplus.de or if the input of this data is necessary. Businessplus.de attends on third parties for handling the arranging of your booking, in particular the company AERTICKET (AERTICKET Conso GmbH, Boppstraße 10, 10967 Berlin). This is the case by booking a trip, by completion of a form (e.g. contact form) or by subscribing a newsletter. The particular necessary personal and business data will be transferred to the providers and suppliers for the contractual performance of the arranged contracts. As far as you have agreed by subscribing a newsletter to save and process data for the purpose of the transmission of advertising and offers of travel services you will get these from Businessplus.de. The data acquisition and handling of all personal data takes place according to the German legal regulations for data protection. A data transfer to public agencies or authorities only takes place within the scope of statutory provisions in force.
12.2. As far as you have agreed to the use of your personal data for the purpose of adver-tising and/or the transfer of your personal data, you can object the further use of your personal data for the purpose of advertising and/or the transfer of your personal data at any time by postal notice to Lufthansa City Center Reisebüropartner GmbH, Lyoner Straße 36, 60528 Frankfurt/Main, or by E-Mail to firstname.lastname@example.org. After receipt of the objection Businessplus.de will stop a further transmission of advertising imme-diately. Furthermore you are entitled to receive information as to the stored data con-cerning you upon request and free of charge. In addition you have the right to correct, destroy or lock your data. Legal regulations can be opposed to destroy data particu-larly with regard to data for the purpose of final payment and accounting. The data will be destroyed as far as and while the storage is not necessary for the above named reasons. Furthermore you can object the storage of your personal and business data at any time as far as there is no contractual or legal reasons to be said against it. Please direct this objection to email@example.com.
§ 13 General provisions
13.1. Applicable law
German law to the exclusion of United Nations Convention on Contracts for the Inter-national Sale of Goods is the only applicable law.
13.2. Exclusive jurisdiction
Exclusive jurisdiction is Frankfurt am Main.
13.3. In case of the violation of mandatory regulations by one of the regulations of these terms or in case of ineffectiveness of one of the regulations of these terms or in case of the failing of these terms to provide for any unforeseen eventuality, the effective-ness of the other regulations as well as the other contractual agreements remain un-affected thereof.
In case of the failing of the contract to provide for any unforeseen eventuality, a regu-lation should govern which comes as close as possible to a regulation according to spirit and purpose of the above regulations that would be agreed upon if this point would have been foreseen.
Lufthansa City Center Reisebüropartner GmbH,
Lyoner Straße 36
State: August of 2014