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General Terms and Conditions of Business (GTB)
MEDIATOR Hotelvermittlungs- und Veranstaltungs GmbH
Waldhausener Strasse 122-128, 41061 Mönchengladbach, Germany
General Terms and Conditions of Business for Reservation Agreements
1. Validity.
Services undertaken by us shall be subject exclusively to the following Terms and Conditions. Customers conditions shall be binding on us only where we have explicitly recognized them in writing.
2. Conclusion of Agreement.
Our offers in respect of price, quantity, category, furnishing and appointments, times, option deadlines, description of services and the deadline for no-charge cancellation are without engagement. The Reservation Agreement shall be concluded through our oral or written confirmation of the reservation or of other agreed services. No written confirmation shall be required
from the Customer. The Agreement shall also be formed through taking advantage
of services.
3. Scope of services.
Mediator acts only as intermediary for the providers of services and other work, which we select with care. We can undertake no warranty in respect of hotel and place descriptions, since we depend on information provided by the hotels. Details of distances and times are average values under normal traffic Conditions. unforeseen events, such as breakdowns and stoppages, traffic Disturbances, official orders, changes in currency relationships, war, industrial Action, and other cases of force majeure shall release us from our obligations for the duration of the disturbance and to the extent of their effects. Such events entitle us to withdraw from the Agreement either in whole or in part.
4. Alternative provision.
In cases where the originally agreed services cannot be provided for reasons for which Mediator is not responsible, Mediator reserves the right to provide appropriate alternative, equivalent services as substitute, taking account of the particular circumstances of the deadline for the services.
5. Customers cancellation.
Where cancellation free of charge up to a fixed cancellation date has not been explicitly confirmed in Mediators confirmation, the order placed shall not be cancellable. If the Customer informs Mediator after the expiration of the cancellation deadline but before taking advantage of services that he is withdrawing in whole or in part from the Agreement, Mediator will endeavour to find a replacement for the Customer. The Customers payment obligation remains for the fixed date, and the replacement obtained by Mediator will be credited subsequently. For this, Mediator charges an administration fee of 20 % of the originally confirmed charge for its services. The Customer shall have no claim to a refund for services booked and paid but not taken advantage of (no Show).
6. Liability.
We undertake liability as part of a prudent businessman's duty to take care that
- the journey is thoroughly and conscientiously prepared,
- the service providers are carefully selected and supervised, and
- the contractually agreed services are duly performed.
- we shall be liable for damages for breach of contract, however, only in cases of intent or gross negligence. The Customer shall be obliged to keep the damages as low as possible.
Mediator acts only as intermediary for the services providers (hotels, car hire, bus companies, etc.) and to that extent we undertake no liability for damage to persons or their property nor for delays or failure to observe deadlines which result from the service providers transport or accommodation. All claims for compensation are to be asserted directly against the service provider.
7. Payment.
Payment shall be made in principle to Mediator and not to the service providers. Direct payment to the service provider must be approved in writing by Mediator. The date for payment is specified in the confirmation of reservation or the invoice. Payment obligations shall be deemed fulfilled only after we are finally able to dispose of the sum equivalent to our claim. If specified payment deadlines are exceeded, we shall be entitled to withdraw from the Agreement without any special notification. This does not release the Customer from his payment obligation including any consequential charges. We further reserve the right, where a payment deadline is exceeded, to charge interest at the level of customary bank interest in Germany for short-term credits. Otherwise the agreed terms of payment shall apply.
8. Warranty cover for complaints.
Complaints can only be taken into consideration where the Customer informs the provider locally and also Mediator in writing of the deficiency without delay on taking advantage of the service. In the event of substantial deficiencies, these shall be remedied within a reasonable period of time, or care shall be taken that an appropriate substitute is provided. Where this is not possible, we shall be bound to cancel the Agreement or reduce the price. Further claims are, insofar as is legally permitted, excluded. If a complaint is not notified, the service shall be deemed to have been provided in conformity with the Agreement. The Customer must assert claim arising from services not in conformity with the Agreement within one month from the scheduled end of the Reservation Agreement.
9. Prices.
Our prices include the value added tax in force on the date the Agreement is formed. Where taxes are raised, the rise will be charged subsequently. We shall be entitled in principle to pass prices rises on to customers.
10. Processing the reservation/event.
A definitive list of the names of all guests and, where appropriate, a plan of the organization and the schedule must be submitted to Mediator by 14 days at the latest before arrival. All reservations, alternations, or cancellations must be made in writing and shall be agreed exclusively with Mediator.
11. Validity.
Should one provision of these General Terms and Conditions be invalid, the legal validity of the remaining provisions shall not be affected thereby.
12. Violation of Agreement.
If the Customer violates the Agreement, we shall be entitled, without prejudice to further claims, to cease our services or to cancel the Agreement.
13. Place of jurisdiction and applicable law.
The place of jurisdiction shall be Mönchengladbach Germany and the contractual relationship shall be subject to the laws of the Federal Republic of Germany. The German version of these Terms and Conditions shall be legally binding.
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