Terms and Conditions of UNISTER TRAVEL Betriebsgesellschaft mbH
Due to changes in corporate law, all rights and obligations from brokerage agreements concluded before 31.12.2015 shall be transferred from UNISTER TRAVEL RETAIL GmbH & Co. KG to UNISTER TRAVEL Betriebsgesellschaft mbH, with effect from 01.01.2016. The sole contract partner for all brokerage agreements concluded after 01.01.2016, is UNISTER TRAVEL Betriebsgesellschaft mbH.
A) General terms and conditions of UNISTER TRAVEL Betriebsgesellschaft mbH for the use of the website
UNISTER TRAVEL Betriebsgesellschaft mbH acts only as an agent in respect of all bookings of flight services made or taken on your behalf (‘services’). UNISTER TRAVEL Betriebsgesellschaft mbH accepts no liability in relation to any contract you enter with the airlines featured on this website or for the acts or omissions of any airline(s), other supplier(s) or other person(s) or party(ies) connected with any flights. For all flight bookings, your contract will be with the airline or other supplier of the flights identified on your confirmation. When making your booking UNISTER TRAVEL Betriebsgesellschaft mbH will arrange for you to enter into a contract with the applicable provider of the flight service(s) ‘service provider’. Your booking is subject to these Agency Terms and Conditions and the specific booking conditions of the relevant service provider(s) you contract with and you are advised to read both carefully prior to booking. The services provider(s)’ terms and conditions may limit and/or exclude the services provider's liability to you.
The contract between you and the service provider shall be concluded once the service provider confirms your requested service. Therefore, the following terms and conditions apply exclusively to the agency booking service of UNISTER TRAVEL Betriebsgesellschaft mbH and do not have any influence on the terms and conditions which apply to the performance of the services being booked.
I. Booking Request
By completing the booking form and submitting the booking you enter a binding contract with UNISTER TRAVEL Betriebsgesellschaft mbH for UNISTER TRAVEL Betriebsgesellschaft mbH to request a service provider to provide a service to you This booking request will be an offer to a service provider to provide a service to you on the terms detailed in the booking. The email sent to you by UNISTER TRAVEL Betriebsgesellschaft mbH following the booking request is only a summary and acknowledgement of receipt of the binding booking request.
A binding contract between you and the service provider in question for the provision of the service will not come into effect until the service provider in question has issued its ticket or own confirmation to you.
If during the booking request, you select any special requests, UNISTER TRAVEL Betriebsgesellschaft mbH cannot guarantee fulfillment of these requests. UNISTER TRAVEL Betriebsgesellschaft mbH will not insure that the respective service provider will comply with these non-binding special requests.
Please note that the indicated booking fields (in particular e-mail address, name and credit card details) must be filled in accurately, otherwise errors may occur which UNISTER TRAVEL Betriebsgesellschaft mbH shall not be liable for.
II. Service provider’s General Terms and Conditions
If a booking request is accepted by the service provider, the service provider’s General Terms and Conditions shall apply to its contract for the provision of a service to you. These provisions may regulate, for example, liability, cancellations, changes in bookings, refunds, and terms of payment as well as other special terms. Links to the respective service provider's General Terms and Conditions are provided at the time their services are selected. You must confirm that you have read and accepted the service provider’s General Terms and Conditions before submitting your booking request.
III. Confirmation of booking request, correction of data
The contract between you and the respective service provider shall only come into effect when the service provider issues its own ticket or confirmation. Please check your ticket or confirmation carefully and report any incorrect or incomplete information to UNISTER TRAVEL Betriebsgesellschaft mbH immediately. Please ensure that names are exactly as stated in the relevant passport. UNISTER TRAVEL Betriebsgesellschaft mbH has no responsibility for any errors in any documentation except where an error is made by UNISTER TRAVEL Betriebsgesellschaft mbH. If UNISTER TRAVEL Betriebsgesellschaft mbH does not receive notice of any errors within the time limits prescribed, later changes can not be made.
IV. Prices, Fees, Charges and collection of the travel price
UNISTER TRAVEL Betriebsgesellschaft mbH reserves the right to amend advertised prices at any time. UNISTER TRAVEL Betriebsgesellschaft mbH also reserves the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking.
UNISTER TRAVEL Betriebsgesellschaft mbH may charge a booking service fee which will be notified to you separately during the booking process. The amount of the service fee varies depending on number of people on the booking, the flight route booked and the utilization of other services. This fee shall be non-refundable in the event of flight cancellation (including cancellations due to changes in flight timetables and/or annulments), unless UNISTER TRAVEL Betriebsgesellschaft mbH is liable for the cancellation.
UNISTER TRAVEL Betriebsgesellschaft mbH booking service fees can be paid using the appropriate vouchers provided for this purpose. If the voucher value is equal to or less than the service fee that you are paying (including applicable taxes), your credit or debit card will be charged the difference. If the voucher value is higher than the applicable service charge (including applicable taxes), the value of the service fee will be deducted from your voucher and the remaining voucher value will be refunded to your account after the commencement of your first flight.
The payment of the total amount shall be due immediately after availability of your booking has been confirmed by the service provider and at this time your credit card will be charged and your ticket or confirmation issued by the service provider.
If you pay by credit card or debit card, you authorize UNISTER TRAVEL Betriebsgesellschaft mbH to collect the amount due from your credit card or through direct payment on behalf of the service provider. In the case of direct collection, you authorize UNISTER TRAVEL Betriebsgesellschaft mbH to share relevant data with the service provider in order to collect the amount due. Where UNISTER TRAVEL Betriebsgesellschaft mbH collects payment on behalf of the service provider, all monies you pay will be held on behalf of the service provider(s) concerned until it is paid to them or refunded to you.
If you should fail to submit payment on time, including when the selected payment method results in a failed transaction, UNISTER TRAVEL Betriebsgesellschaft mbH will request that you submit payment via electronic transfer within a certain timeframe and that you provide proof of this transfer in order to avoid cancellation of your booking request by the airline. If you do not fulfill this request following an official payment reminder detailing a deadline, UNISTER TRAVEL Betriebsgesellschaft mbH reserves the right to communicate this to the airline and to cancel the contract of service. This payment reminder is superfluous if you ultimately refuse to submit payment, if you do not submit payment within the established timeframe, or if special circumstances justify immediate cancellation in light of the interests of both parties. The latter applies especially where the period between the time of booking and the scheduled time of departure is less than 26 hours. We reserve the right to charge a fee of £100.00 per booking for processing this cancellation. You are free to prove that damages at a lower cost or no damages have been incurred. UNISTER TRAVEL Betriebsgesellschaft mbH reserves the right to claim concrete damages at a higher cost. In this case, UNISTER TRAVEL Betriebsgesellschaft mbH is required to submit proof of this claim. Compensation will not be required if these damages were incurred through no fault of your own.
V. Special Conditions for flight bookings.
Please note that you are responsible for complying with the relevant conditions of the respective airline, which you should familiarise yourself with in good time before departure. Please particularly take note of check-in times.
Flights booked more than 2 months in advance of departure should be checked for possible changes in flight times at least 2 to 3 days in advance of your departure and return flights. UNISTER TRAVEL Betriebsgesellschaft mbH will not be liable for any losses that you sustain as a result of your failure to do so.
Please note that the airlines may have different terms and conditions regarding the travel for passengers under 18 years of age.
Please note the airlines’ separate terms and conditions regarding the transportation of luggage, special luggage and excess luggage. Please check these before booking a flight. UNISTER TRAVEL Betriebsgesellschaft mbH shall not be liable for additional luggage fees levied by the airline or tour operator at the airport.
Please note that many airlines offer an online check-in option, which may decrease fees compared to the conventional check-in. You are responsible for choosing the appropriate check-in procedure.
Airlines may have different guidelines regarding the issuance of electronic tickets (e-tickets). In most cases, airlines issue e-tickets instead of paper tickets which you will receive in accordance with the airline’s terms and conditions. E-tickets may be sent via e-mail. Therefore, we recommend you to regularly check your Email’s Inbox and Spam folder.
Further information regarding points 5 and 6 can be found in the respective service provider’s terms and conditions.
VI. General terms and conditions for changes and cancellations
It is only possible to alter the services booked (including booking alterations, name changes, and cancellation) by cancelling the current booking and placing a new booking. Exceptions to this rule are only possible where allowed by the terms of contract of the service provider in question. The price of an alteration is based on the terms and conditions/terms of contract of the service provider in question and the following articles of these general terms and conditions.
We request that you submit every booking alteration request directly with UNISTER TRAVEL Betriebsgesellschaft mbH. We recommend that you sumbit all alteration requests in writing or via email. This applies exclusively to scheduled flights booked via UNISTER TRAVEL Betriebsgesellschaft mbH and not to low fare flights. You can determine whether the booking you selected is for a low fare flight or a scheduled flight using information in the selection overview for the relevant airline and in the flight details section on the right-hand side of the booking page.
If alterations are made to your booking by UNISTER TRAVEL Betriebsgesellschaft mbH, then UNISTER TRAVEL Betriebsgesellschaft mbH will enforce a cancellaton or alteration fee. The fee for alterations made before tickets have been issued is £50.00 for bookings up to £100.00 and £100.00 for bookings over £100.00. The fee for alterations after tickets have been issued is £50.00 per ticket. In the event of a cancellation, the cancellation fee enforced by UNISTER TRAVEL Betriebsgesellschaft mbH will be deducted from the amount to be refunded by the airline. Depending on the transaction procedure, the airline will refund either the amount less the UNISTER TRAVEL Betriebsgesellschaft mbH cancellation fee or the full amount. In the latter case, UNISTER TRAVEL Betriebsgesellschaft mbH will issue a charge for the fee. If the amount to be refunded is less than the cancellation fee, this fee will automatically be reduced so that no additional payment is required.
If you fail to board your fight, you give UNISTER TRAVEL Betriebsgesellschaft mbH the right to cancel your flight and request a refund by the airline. UNISTER TRAVEL Betriebsgesellschaft mbH will issue a cancellation fee of £100.00 per ticket to be deducted from the amount to be refunded by the airline. This fee will be reduced if it exceeds the amount to be refunded by the airline. In this case, you will not be charged an amount greater than the orginal ticket price.
We recommend taking out travel cancellation insurance, which, if applicable, will cover the resulting cancellation costs.
VII. Limited liability of UNISTER TRAVEL Betriebsgesellschaft mbH
UNISTER TRAVEL Betriebsgesellschaft mbH depends on information received from the respective service provider and UNISTER TRAVEL Betriebsgesellschaft mbH is not able to check the information on its website for correctness and completeness. Therefore, UNISTER TRAVEL Betriebsgesellschaft mbH does not give you any guarantees or warranties regarding the correctness, completeness, and currency of this information. The same applies to any information provided by third parties which are referred to on this website.
UNISTER TRAVEL Betriebsgesellschaft mbH will inform you as soon as reasonably possible if the service provider needs to make a significant change to your confirmed arrangements or to cancel them. UNISTER TRAVEL Betriebsgesellschaft mbH will also liaise between you and the service provider in relation to any alternative arrangements offered by them but will have no further liability to you.
Your contract is with the service provider and its booking conditions apply. As booking agent, UNISTER TRAVEL Betriebsgesellschaft mbH accepts no responsibility for the actual provision of the service(s). UNISTER TRAVEL Betriebsgesellschaft mbH’s responsibilities are limited to making the booking in accordance with your instructions and no responsibility is accepted for any information about the service(s) that is passed on in good faith.
In the event that UNISTER TRAVEL Betriebsgesellschaft mbH is found liable to you on any basis whatsoever, its maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected).
UNISTER TRAVEL Betriebsgesellschaft mbH does not exclude or limit any liability for death or personal injury that arises as a result of its negligence or that of any of its employees whilst acting in the course of their employment
VIII. Notes regarding passport, visa, foreign currency or health regulations
Unless you tell us otherwise, UNISTER TRAVEL Betriebsgesellschaft mbH is entitled to assume that all members of your party are British citizens who hold or will hold full British passports valid for the entire duration of the arrangements you chose to purchase. Information on visa, passport and health requirements, where given and applicable, is so given on this basis. Requirements may change and you are therefore strongly recommended to check the up to date position with the service provider, Passport Office, appropriate embassy or consulate or your doctor as applicable in good time before departure.
IX. Conversion of foreign currencies and/or language
Should currency exchange rates be stated on the website, they will be based on various public sources and serve only as general information. The exchange rates are not checked for correctness and may therefore deviate from the day’s current rate. Furthermore, information on currencies is not updated daily. For these reasons, UNISTER TRAVEL Betriebsgesellschaft mbH does not assume any liability for this information.
The services displayed and offered on UNISTER TRAVEL Betriebsgesellschaft mbH are delivered directly from international travel booking systems. Therefore, it is possible that terms and conditions which influence the manner, scope and terms regarding a service offered are displayed in a different language. You agree that these terms and conditions shall be applicable. Should you at anytime not understand the terms and conditions, you may at any time abandon the booking process.
X. Travel Insurancen
Travel insurance is supplied as an accessory product by Unister GmbH in contract with Geld.de GmbH. In the course of this transaction and for the purpose of invoicing, information will be collected, saved, and used by both Geld.de GmbH and AF plus Deutschland GmbH.
XI. Data protection
XII. Travel Services Ratings
UNISTER TRAVEL Betriebsgesellschaft mbH offers users the opportunity to review procured services or to publish other content. Should the user take advantage of this opportunity, the following provisions shall apply:
The user agrees to not publish the following content on the website:
is untrue (intentionally or negligently);
is insulting, intimidating, coercing, offensive, violence-glorifying and/or pornographic;
is racist, race baiting, and/or otherwise punishable or unlawful;
violates applicable law, particularly rights protecting third parties, e.g. copyrights, rights in connection with distinctive signs, patent rights, trademark rights or ancillary copyrights, personal rights or property rights, to the passing on of which the user is not entitled;
contains links or similar data/references or which are suitable to impede the functionality of third party’s data processing equipment, particularly computers.
The user agrees to:
to publish a picture only if he has used the depicted image himself,
to not review or publish a picture, if the user is being offered a reward for this service by employees, owners or operators of the travel service being reviewed or by employees of the travel organizations and their family members.
to not give any incorrect and/or unobjective evaluations and/or false statements regarding travel services, people connected to these, and other conditions/events related to that place which could influence the decisions of other travellers.
to give positive as well as negative reviews in the scope of the freedom of opinion mainly with the aim to enable other potential travellers/tourists to get a more comprehensive idea regarding the travel service. The same applies to uploading pictures of a hotel and the correspondent vacation.
to not place advertisements for goods, services and/or companies in a hidden (e.g. as travelogue) and/or obvious way.
to write comments and reviews to the best of the user’s knowledge and belief.
to not collect, use or publish personal data of other users or their information.
Should the user infringe these terms and conditions or is under reasonable suspicion to have done so, UNISTER TRAVEL Betriebsgesellschaft mbH is entitled to amend, change or delete content without informing the user and without giving a reason.
By publishing content (such as travel advice, holiday pictures and travel videos) the user guarantees that he holds any rights related to this content. He gives UNISTER TRAVEL Betriebsgesellschaft mbH gratuitously and irrevocably the right to use the content in any form and any media (particularly print media, internet, television, mobile telecommunication platforms) which is temporally, factually and regionally unlimited. The right to use comprises the right to reproduce, distribute, and broadcast the content, as well as the right to show it publicly, make it accessible to the public, the broadcasting right, the right to reproduce it through sound and picture storage media, as well as the right to publish the content in the different websites of the Unister Group. In particular, the user agrees to a transfer of these rights by UNISTER TRAVEL Betriebsgesellschaft mbH to third parties. The original context of usage, travel advice, holiday pictures, and travel video, will not be changed.
Should the user not hold the rights of content he published, he guarantees that he received the necessary rights, licenses, consents, approvals, etc. in a legally binding way. Should the user infringe one or more of these guarantees, he shall relieve UNISTER TRAVEL Betriebsgesellschaft mbH of any liability towards third parties and indemnify UNISTER TRAVEL Betriebsgesellschaft mbH to the full extent.
Furthermore, UNISTER TRAVEL Betriebsgesellschaft mbH shall be entitled to place advertisements next to the content which is accessible to the public as well as use them in order to place advertisements and/or take other promotional measures. The user expressly declares his consent to this effect.
The user declares his consent with the fact that his pictures and/or texts may be moved to other categories in order to provide for a better overview, and that the pictures may be compressed. Furthermore, the user agrees that the submitted content may also be edited, deleted or translated in foreign languages by UNISTER TRAVEL Betriebsgesellschaft mbH to a certain extent.
UNISTER TRAVEL Betriebsgesellschaft mbH provides secure procedure/methods, for the processing of non-cash payments such as credit cards, based on the current state of technology available.
UNISTER TRAVEL Betriebsgesellschaft mbH will therefore never ask you to send your complete credit card information through e-mail, fax, mail or other non- encrypted connection. If you should ever receive such a request, we ask that you please ignore it, and contact UNISTER TRAVEL Betriebsgesellschaft mbH immediately (Contact). However, for the purposes of identity verification and fraud prevention, you may be requested to send partially concealed credit card details and a copy of your ID by e-mail. In this case, we ask that you please censor all digits on the front of the card except for the first 6 and final 4 digits of the credit card number.
UNISTER TRAVEL Betriebsgesellschaft mbH assumes no liability for any damages resulting from the unsolicited mailing of credit card data.
Should an infringement of the aforementioned terms and conditions of use or the reasonable suspicion of such infringement, in particular in cases of suspicion of data abuse or criminally relevant behaviour, UNISTER TRAVEL Betriebsgesellschaft mbH is entitled at all times to exclude the respective user from the use of this website and/or the services.
Because the contract for your arrangements is between you and the service provider, any queries or concerns should be addressed to them. If you have a problem whilst away on holiday, this must be reported to the service provider immediately. If you fail to follow this procedure there will be less opportunity for the service provider to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
You are strongly recommended to take out personal travel insurance for all members of your party. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you on holiday.
These terms are governed by English law and the courts of England and Wales have jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scots or Northern Irish law, as applicable.)
D) European Online Dispute Resolution Platform
In accordance with EU directive No. 524/2013 relating to online dispute resolution in consumer affairs, from 9 January 2016 it is to become possible for disputes between consumers and companies in relation to online contracts of purchase for goods or services to be settled via an online platform. This platform is being set up by the European Commission and will become accessible via the portal "Your Europe" (http://ec.europa.eu/consumers/odr).
Your contract partner until 31.12.2015:
UNISTER TRAVEL RETAIL GmbH & Co. KG
Registry Court: Leipzig District Court
Register number: HRA 17016
Tax identification number: DE 292903545