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Our General Terms and Conditions
Scope of Services
The website holigo.de is operated by Holigo GmbH (hereinafter referred to as ‘Holigo’). Through this website, Holigo arranges travel services and other services for travellers or customers. This contractual relationship between travellers and Holigo, acting as a travel agent, is governed by the following terms and conditions. Holigo expressly draws the attention of all travellers and trip participants to the fact that travel contracts are not concluded with Holigo, but always with the respective service provider specified, and subject to that service provider’s general terms and conditions. As only an agency agreement is concluded with Holigo, the following terms and conditions apply exclusively to our activities as an agent. Our general terms and conditions do not affect the terms and conditions of the relevant service provider under which the arranged trips take place. Before booking the trip, the general terms and conditions of the relevant service provider are displayed and must be actively confirmed by the traveller and the tour participants. In cases where no general terms and conditions of a service provider are available (such as for scheduled flights), the relevant fare regulations of the airline apply. It is expressly left to the traveller and fellow travellers to obtain, within the scope of the services offered, information on matters decisive for the decision to conclude the travel contract, should these go beyond the information provided by Holigo regarding the relevant service providers.
1. Booking request
1.1 The order for Holigo to arrange a tourist service, individual service or transport is placed via the website holigo.de, which is operated independently by Holigo. The binding booking order submitted by the customer may be made online by clicking on the ‘Book with payment’ button, by email or in writing. The customer is bound by this booking order until the relevant tour operator or service provider accepts or rejects the order. The relevant tour operator or service provider confirms acceptance of the order by sending a written travel confirmation, including a security certificate, by email or post. Holigo bears the contractual obligation to act as an intermediary in the proper arrangement of the booked tourist services, individual services or transport services. The provision of the booked service is the responsibility of the relevant service provider through whom the booking was arranged. Holigo therefore bears no obligation to provide the booked service.
1.2 Booking request for scheduled flights. A binding booking request is formed the moment the person making the booking clicks on the ‘Book with payment’ button. This booking request is legally binding. By placing this order, the person making the booking has instructed Holigo to arrange transport or other individual tourist services from a specific service provider. The binding confirmation by Holigo in the form of an invoice shall be deemed acceptance. If the person making the booking has selected credit card as the payment method, the debiting of the credit card account of the person making the booking, the traveller or a member of the travelling party shall already be deemed acceptance of the order. The arrangement is deemed to have been completed at the moment the travel documents are sent to the person making the booking. The travel confirmation may be sent either by email or by post.
2. Payment
2.1 The available payment methods for all bookable travel services, such as bank transfer, SEPA direct debit or credit card, are listed in each case. These may vary depending on the service provider. The payment details provided by the relevant service provider will indicate, amongst other things, whether a deposit is required, the amount of this deposit and the deadline by which it is due. 2.2 Should Holigo, in exceptional circumstances, take on the collection of the price for the travel services and should the booker select collection via a SEPA direct debit mandate or credit card payment as the payment method, the booker, traveller or trip participant grants Holigo express authorisation to collect the respective amounts due via the specified IBAN or credit card number. This takes place at the time stated at the time of booking. Furthermore, by issuing the SEPA direct debit mandate, the booker instructs their bank to honour the direct debits collected by Holigo from their account. If the bank details provided by the person making the booking, the traveller or the trip participant change between the time of booking and the start of the trip, they are obliged to report this immediately and provide the updated details. 2.3. In the event that the payment is collected via a SEPA direct debit mandate or credit card by the respective provider of the travel services themselves, Holigo is authorised to pass on the relevant details to that provider. 2.4 Should the relevant service provider or tour operator state that it cannot accept the travel booking, the person making the booking, the traveller and the travel participant shall have no claim for compensation against Holigo.
3. Services provided by the providers
The scope of the contractual services is set out both in the service description provided by the service provider or tour operator and in the details referred to therein in the travel confirmation. Holigo is under no obligation to verify the information provided by the provider or tour operator, nor is Holigo liable to the traveller or tour participant for the completeness and accuracy of the information provided by its potential contractual partners. Holigo is also not liable for calculation errors in the online offers, misprints or typographical errors in the information provided by the respective contractual partner. Confirmation of a booking that is automatically generated on the basis of data entered in error shall have no legal effect if the agreed travel price deviates significantly from the actual value of the booked trip.
4. Changes to prices and services
4.1 Should it become necessary, after the conclusion of the contract, to make deviations or changes to individual travel services from the agreed terms of the travel contract, and should these not have been brought about by the tour operator or service provider in bad faith, such deviations or changes are only permitted if they are not significant and do not impair the overall nature of the booked holiday. 4.2 Should the amended services be defective, any warranty claims remain unaffected.
5. Changes to bookings and cancellations
5.1 Prior to the start of the trip, all travellers and participants have the option to withdraw from the booked trip at any time. The cancellation fees arising from this are governed by the respective terms and conditions of the service provider or tour operator with whom the contract was concluded. The cancellation terms are displayed as part of the service provider’s General Terms and Conditions, in which they are included, during the booking process prior to booking and must be confirmed and accepted by the person making the booking. Cancellations and rebookings can only be processed via Holigo, as Holigo acts as an intermediary. Cancellation and, consequently, the customer’s withdrawal from the trip shall be deemed to have taken place once it has been received by the service provider or tour operator and shall be calculated on this basis. 5.2 The procedure for cancelling the trip is governed by the terms and conditions of the relevant service provider or tour operator. 5.3 Should the customer wish to make a rebooking after booking, such as a change to the dates, the departure date, the mode of transport, accommodation, location or destination, the tour operator or service provider is entitled to charge a corresponding rebooking fee per traveller. It may well be the case that the rebooking of an arranged service is treated as a cancellation of the trip with the conclusion of a new contract, and that cancellation fees therefore apply in accordance with the terms and conditions of the service provider or tour operator. Unused legs of a flight itinerary cannot be partially refunded. 5.4 For last-minute and package holidays arranged through Holigo, the general terms and conditions of the respective tour operator or contractual partner always apply. These are displayed prior to booking and must be accepted by the person making the booking. 5.5 For flights arranged via Holigo, the rules of the respective airline or service provider/tour operator apply. Whether a flight can be rebooked or cancelled, and what fees and costs are incurred as a result, are determined by their terms and conditions. 5.6 Flights arranged through Holigo include a service or booking fee. 5.7 For hotel stays arranged through Holigo, the general terms and conditions of the respective tour operator or contractual partner always apply. These are displayed before booking and must be accepted by the person making the booking. 5.8 For insurance, car hire, transfers or other extras arranged via Holigo, special provisions apply, as well as the general terms and conditions of the respective service provider with whom the contract is concluded.
6. Services not taken up
The service provider or tour operator with whom a contract for a specific travel service has been concluded is not obliged to refund travel services which the traveller has not used. The reason for the non-utilisation, such as an early return journey, is irrelevant in this regard.
7. Travel documents
Travel documents will only be sent to the customer by the relevant tour operator, service provider or Holigo once full payment for the booked package holiday, transport service or individual service has been received. This may be done by email or post. If the travel service is booked at short notice, the travel documents may, in exceptional cases, be left at the relevant departure airport.
8. Insurance
As a general rule, travel insurance is not included in the tour price. Holigo therefore recommends that all travellers take out appropriate travel insurance.
9. Passport, visa, health, customs and foreign exchange regulations
9.1 Each traveller and tour participant is personally responsible for ensuring that the conditions necessary for the tour to take place are met and for complying with all legal requirements, in particular domestic and foreign entry and exit regulations, health regulations, and passport, visa, customs and foreign exchange regulations. It is also the responsibility of the traveller and the tour participants to obtain all required and necessary travel documents. In the event of non-compliance with these regulations and any resulting damage, the traveller/tour participants shall bear the costs. This also applies if the regulations change after booking. Information on the entry requirements for your destination country can be found in our ‘Info’ section. 9.2 Holigo expressly points out that the provisions set out in clause 9.1 may be subject to change at any time. Holigo accepts no liability for the information and regulations provided. Holigo therefore strongly advises travellers and tour participants to obtain up-to-date information independently from the relevant authorities, institutions and government departments.
10. Limitations of liability
10.1 The relationship with Holigo is purely one of agency; consequently, the services provided by the relevant service provider or tour operator are the sole responsibility of that party. The relevant service provider and tour operator are themselves liable for their services. Holigo neither provides the services nor is it liable for them. 10.2 Without limiting Holigo’s liability under the travel agency contract with the customer, Holigo points out that the information regarding the services provided by service providers and tour operators is based on the information they have provided to Holigo. 10.3 Holigo is nevertheless liable to the participant for the proper arrangement of services in accordance with the duty of care expected of a prudent businessperson. 10.4 Holigo shall only be liable for damages arising from a breach of contractual or pre-contractual obligations in cases of gross negligence or wilful misconduct. Excluded from this limitation are damage to health, personal injury or death resulting from the breach, and the breach of fundamental contractual obligations. 10.5 Liability for typical and foreseeable damages is limited in the event of a breach of contractual obligations due to slight negligence. In such a case, liability shall be limited to the price of the service arranged, as determined on a case-by-case basis. 10.6 The above limitations of liability shall also apply to the personal liability of Holigo’s legal representatives, vicarious agents and employees. 10.7 The limitation period shall be governed by the statutory provisions.
11. Prohibition on assignment
The participant may not assign any claims against Holigo to third parties. This also includes assignment to relatives or spouses. This applies to claims arising from the agency agreement and in connection therewith, as well as to claims arising from tort. Furthermore, it is also prohibited for third parties to assert the participant’s aforementioned claims in court in their own name.
12. Data protection
Customers can find detailed information on data security and data protection in our Holigo Data Security and Privacy Policy.
13. Jurisdiction and alternative dispute resolution
13.1 The contract is governed by German law. In the event of a dispute, legal proceedings against Holigo may only be brought at its registered office. In the event of legal proceedings brought by Holigo against the person booking the trip, the traveller or a participant in the trip, the place of residence of the relevant party shall be decisive. Should the legal proceedings brought by Holigo be directed against persons without a general place of jurisdiction in Germany, persons who have transferred their place of residence or habitual abode abroad after the conclusion of the agency contract, whose place of residence or habitual abode is unknown at the time the action is brought, or registered traders, Holigo’s registered office shall be the place of jurisdiction. 13.2 Holigo reserves the right to participate in dispute resolution proceedings before a consumer arbitration board on a case-by-case basis. Holigo GmbH is not obliged and, as a matter of principle, is not prepared to participate in such proceedings. Date: December 2020 Address: Holigo GmbH Düsselstraße 18a D-41564 Kaarst