Terms and Conditions (Travel Intermediary Services)
1. Scope of Application
The following provisions apply to all legal transactions between Sauerkraut-Travel, represented by Mr. Lucas-Benjamin Kleine (hereinafter referred to as the “Intermediary”), and you as the contractual partner (hereinafter referred to as the “Customer”).
Any conflicting or deviating terms and conditions of the Customer shall not apply.
Sauerkraut-Travel acts solely as an intermediary for travel services. The respective travel services are provided by the tour operator, airline, hotel, or other service provider. The contractual relationship for the travel services exists directly between the Customer and the respective service provider.
The terms and conditions of the respective service provider shall apply to the travel services booked. Reference to the relevant service provider and its terms and conditions will be made in the respective offer.
2. Conclusion of Contract and Contractual Content
By submitting a booking request, the Customer makes a binding offer to conclude a contract.
Booking requests may be submitted in writing, by e-mail, verbally, or by telephone.
A contract shall only come into existence upon written or e-mail confirmation by the Intermediary.
The scope of services shall be determined by the booking confirmation and the applicable conditions of the respective service provider.
3. Services and Remuneration
The scope of the contractual services and the amount of remuneration shall be determined by the service description contained in the respective offer and by the information stated in the booking confirmation.
In the event of discrepancies between the offer and the booking confirmation, the information contained in the booking confirmation shall prevail.
4. Arrangement of Air Transportation Contracts (“Flight Tickets”)
4.1 Passenger Information
All personal passenger data provided for flight reservations and travel documents must exactly match the passenger’s travel documents.
The Customer is solely responsible for ensuring the accuracy of such information.
4.2 Flight Schedules and Schedule Changes
Customers are advised to verify flight schedules and possible schedule changes directly with the airline at least 72 hours and again 24 hours before departure.
Failure to do so may affect the passenger’s ability to travel. The Intermediary shall not be liable for consequences arising solely from the Customer’s failure to verify such information.
4.3 Check-in Requirements
Check-in deadlines and procedures vary by airline. The Customer is responsible for obtaining and complying with the applicable requirements of the operating airline.
The Intermediary shall not be liable for any consequences arising from the Customer’s late arrival at the check-in counter, security checkpoint, or boarding gate.
4.4 Passenger Age Requirements
Age limits applicable to infant, child, and adult fares are determined by the respective airline and/or service provider.
The Customer is responsible for verifying the applicable requirements prior to booking.
5. Changes to Services and Prices
5.1 Service Changes
The Intermediary reserves the right to make reasonable changes to individual travel services where such changes become necessary after conclusion of the contract and were not caused by the Intermediary in bad faith.
The Customer shall be informed of any necessary changes as soon as reasonably possible.
5.2 Price Changes Prior to Ticket Issuance
Flight prices and related taxes, fees, and charges are subject to availability and may change until ticket issuance.
If the price changes before ticket issuance, the Customer will be informed and may decide whether to accept the revised price before the booking is finalized.
5.3 Price Changes After Ticket Issuance
Any subsequent changes, refunds, reissues, or additional charges imposed by airlines, government authorities, airports, or other service providers shall be passed on to the Customer where permitted by applicable law.
6. Payment and Collection
6.1 Payment Obligation
The Intermediary is entitled to collect payment for all booked services, cancellations, modifications, and any applicable fees.
This includes the collection of outstanding amounts through both out-of-court and judicial proceedings.
6.2 Due Date
Unless otherwise agreed, payment is due immediately upon receipt of the booking confirmation, payment link, invoice, or other payment request issued by the Intermediary.
6.3 Ticket Issuance
Flight tickets will generally be issued only after full payment has been received and confirmed.
Until ticket issuance, quoted prices remain subject to availability and may change.
6.4 Chargebacks and Payment Disputes
In the event of an unjustified payment reversal, chargeback, or payment dispute initiated by the Customer, the Customer shall remain liable for the underlying booking amount and any costs incurred by the Intermediary in connection with the dispute, to the extent permitted by applicable law.
7. Passport, Visa and Health Requirements
The Intermediary is not responsible for informing travelers and/or the Customer about passport, visa, entry, transit, customs, or health requirements, nor about any changes thereto prior to departure.
The responsibility for obtaining and complying with such requirements rests solely with the Customer and the travelers.
8. Delivery of Travel Documents
8.1 Electronic Tickets
Flights arranged by the Intermediary are generally issued as electronic tickets (“eTickets”).
8.2 Delivery Method
Travel documents are generally delivered electronically by e-mail.
Postal delivery is not required unless expressly agreed.
8.3 Boarding Passes
The Customer is responsible for completing airline check-in procedures.
The presentation of a booking confirmation alone does not guarantee boarding and airline-specific requirements may apply.
9. Cancellation and Withdrawal
9.1 General Rule
Cancellation fees may apply in the event of cancellation of a booking or flight ticket. Such fees are determined by the applicable terms and conditions of the airline and/or service provider.
9.2 Fare Conditions
Whether cancellation, refund, exchange, or withdrawal is permitted shall be determined by the fare conditions specified in the offer, booking confirmation, and/or the conditions of the respective service provider.
9.3 Non-Refundable Bookings
Unless otherwise stated, bookings are generally non-refundable and non-cancellable, subject to any mandatory rights granted by applicable law.
9.4 Unused Flight Segments
Refunds for unused flight segments are subject to the fare rules of the airline and applicable law. Any refundable taxes, fees, or charges shall be processed in accordance with the airline’s policies and legal requirements.
9.5 Third-Party Charges
The Intermediary reserves the right to pass on to the Customer any cancellation, refund, exchange, or administrative fees imposed by airlines or other service providers.
10. Customer’s Duty to Cooperate
10.1 Verification of Booking Data
The Customer is required to carefully review the booking confirmation for completeness, accuracy, and possible errors, particularly with regard to:
- Gender
- First name(s)
- Surname
- Date of birth
- Nationality
Any errors must be reported immediately.
10.2 Incorrect Information
Incorrect passenger information may result in refusal of transportation by the airline or service provider.
The Intermediary shall not be liable for consequences arising from inaccurate information supplied by the Customer.
11. Liability and Limitation of Liability
11.1 Intermediary Services
The Intermediary shall be liable only for the proper arrangement of the contractually agreed intermediary services.
Responsibility for the performance of the travel services rests solely with the respective airline, tour operator, hotel, or other service provider.
11.2 Limitation of Liability
To the extent permitted by applicable law, the Intermediary shall only be liable for ordinary negligence in cases involving the breach of essential contractual obligations.
Nothing in these Terms shall exclude or limit liability:
- for death or personal injury;
- for fraud or fraudulent misrepresentation;
- for wilful misconduct or gross negligence where liability cannot legally be excluded;
- where exclusion or limitation is prohibited by applicable law.
11.3 Claims Relating to Travel Services
Claims relating to the performance of travel services must be asserted directly against the respective service provider.
11.4 Customer Recourse
To the extent permitted by law, claims arising from the performance of travel services may not be asserted against the Intermediary.
11.5 Duty to Report Deficiencies
The Customer is required to report any service deficiencies immediately to the respective service provider.
11.6 International Conventions
The Intermediary’s liability shall be limited or excluded where such limitation or exclusion results from applicable international conventions or mandatory statutory provisions governing the services provided by third-party service providers.
11.7 Statutory Limitation Periods
Claims shall be subject to the statutory limitation periods applicable under German law.
12. Final Provisions
12.1 Governing Law
These Terms and Conditions shall be governed by the laws of the Federal Republic of Germany.
12.2 Jurisdiction
To the extent permitted by applicable law, the courts of Berlin, Germany, shall have exclusive jurisdiction over disputes arising from or in connection with these Terms and Conditions.
12.3 Severability
Should any provision of these Terms and Conditions be held invalid or unenforceable, the remaining provisions shall remain in full force and effect.