Terms and Conditions (GTC”):
Below you will find the general terms and conditions (“terms and conditions”) of HOLIDAYS GATES GmbH
Lyoner street 14 60528
Frankfurt am Main
Telephone: 069 / 66554-219
Fax No .: 069 / 66554-219
(Also referred to in these Terms only as “HOLIDAYS GATES GmbH” or “us” or “we” or “our” or similar)
Below you will find a link to the online dispute resolution platform of the EU (see also below under 11.4 of these Terms and Conditions):
In accordance with § 36 VSBG, we further point out the following: We do not participate in a dispute resolution procedure before a consumer arbitration board.
1. SCOPE AND SUBJECT
1.1 These general terms and conditions apply to the entire business relationship with our customers (hereinafter also referred to as “you” or “you” or similar). Our customers are private individuals (consumers), partnerships and legal entities as well as entrepreneurs and associations.
1.2 When you place an order on one or more of our products (such as booking a flight, hotel, car) on our website holidaysgates.com (and all its sub-sites) or elsewhere, you agree to these terms and conditions. Individual agreements between you and us always have priority. Deviating terms and conditions of our business customers, which are not explicitly recognized by us in writing, are not binding for us. You will not be subject to any contract either by silence or unconditional performance.
1.3 We would like to point out that a 100% availability of our website holidaysgates.com (and all its subpages) is not technically feasible. However, we endeavor to keep our website and its subpages as constant as possible. Maintenance, security or capacity issues and events beyond our control (such as interference with public communications networks, power failures, etc.) may result in temporary disruption or suspension of services associated with this website. In such cases, we try our best to remedy the disruption in the short term.
1.4 We reserve the right to change our terms and conditions in the future at any time without giving reasons. We will inform you in good time about changes of our AGB.
1.5 We recommend that you print out our Terms and Conditions or save them with yourself. We also save the contract text after the conclusion of the contract. If you have any questions, we will be glad to make these available to you.
2. CONVENTION OF THE TREATY
2.1 The services offered on our website (booking a flight, a hotel, a car) does not constitute an offer within the meaning of § 145 BGB, but merely a so-called invitatio ad offerendum. Only the order of the customer with us represents a contract offer in the sense of the § 145 BGB (on acquisition of one or more of our products), which can be accepted by us after our free decision or not.
2.2 After the customer has submitted a contract offer in the sense of § 145 BGB to us through his order, we are entitled to accept the customer’s application for conclusion of the contract within a period of 3 calendar days. After this period, the customer is no longer bound by his contractual offer.
2.3 The contract between us and the customer comes about only with the acceptance of the contract by a booking confirmation by us to the customer. The booking confirmation can be made in writing, verbally, by telephone or online (for example by e-mail to the e-mail address provided by you). An e-mail from us to you, which contains your booking data, is considered a booking confirmation in the sense of this regulation.
3. NO REVOCATION RIGHT
HOLIDAYS GATES GmbH points out that according to the legal regulations (§ 312 Abs. (2) Point 4, § 312g Abs. 2 Sentence 1 No. 9 BGB) for contracts over travel services according to § 651a BGB (package travel contracts and contracts, on §§ 651a ff. BGB analogously applied) and leisure time contracts, which provide for a specific date or period, and in distance selling (letters, catalogs, phone calls, faxes, emails, messages sent via mobile phone service (SMS) and Radio and tele-media), no right of revocation exists. In this respect, there are only the statutory rights of withdrawal and termination, in particular the right of withdrawal according to § 651i BGB. However, a right of revocation exists if the contract for travel services under § 651a BGB has been concluded outside of business premises (see the definition in § 312b BGB), unless the oral proceedings on which the conclusion of the contract is based are on prior order of the consumer been led; in the latter case, a right of withdrawal is also not.
4. YOUR REPRESENTATIONS
You represent and warrant that all information provided by you when placing your order is current and accurate.
5. PRICES AND PAYMENT TERMS; ENABLING ACCESS
5.1 Unless otherwise expressly agreed between the parties, the prices as stated in our relevant service offer apply.
5.2 Unless otherwise noted, prices are in Euro.
5.3 The prices quoted for our services are inclusive of VAT. For questions about prices please do not hesitate to contact us.
5.4 The customer is only entitled to offset if his counterclaims are legally established or undisputed by us. In addition, the customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
5.5 In the event of default of payment by the customer, we are only obliged to further services if the customer has paid the entire outstanding amount or provided security for further services on our part.
6. LIMITATION OF LIABILITY
6.1 The liability of HOLIDAYS GATES GmbH is excluded or limited for damages resulting from injury to life, limb or health, unless this is due to an intentional or negligent breach of duty by HOLIDAYS GATES GmbH or a willful or negligent breach of duty by a legal representative or vicarious agent from HOLIDAYS GATES GmbH.
6.2 Our liability is excluded or limited for other damages, unless these are based on an intentional or grossly negligent breach of duty by HOLIDAYS GATES GmbH or a willful or grossly negligent breach of duty by a legal representative or vicarious agent of HOLIDAYS GATES GmbH.
7. NOTICE OF THE EXISTENCE OF A STATUTORY WARRANTY FOR PURCHASED GOODS
If there is a defect of a product purchased from us, then the statutory warranty provisions (existence of a legal right of defect liability of the buyer for the purchased goods) apply.
8. TERMS OF SERVICE
8.1 Immediately after receipt of payment by us, the booking of the respective booked product is effective, d. H. They are z. B. for the flight or the hotel effectively booked. The relevant booking data will be sent to you by e-mail.
8.2 An individual agreement on the performance period or other performance conditions always has priority.
8.3 To Section § 651i of the Civil Code (resignation before departure)
We refer you to § 651i BGB. This rule is: (1) Prior to departure, the traveler may at any time withdraw from the contract. (2) If the traveler withdraws from the contract, the tour operator loses the claim to the agreed travel price. However, he may demand adequate compensation. The amount of the compensation is determined by the travel price, deducting the value of the expenses saved by the tour operator as well as what he or she can acquire by otherwise using the travel services. (3) The contract may set a percentage of the price of the journey as compensation for each type of journey, taking into account the expenses normally saved and the usual possible use of the travel services. In the case of a justified resignation, which is submitted to us in writing and forwarded by us to the organizer, the organizer may require a time-staggered cancellation or cancellation fee. These fees may vary depending on the type of tour and the organizer. We therefore recommend that you take out travel cancellation insurance with us or otherwise.
9. NO WAIVER
A waiver of any breach of the Terms shall not be construed as a waiver of the pursuit of any present or future claims by us for infringement of your rights.
10. APPLICABLE LAW; INTERNATIONAL COURT OF JUSTICE
10.1For these terms and conditions, the law of the Federal Republic of Germany applies. The provisions of the UN Sales Convention do not apply.
10.2 If permitted by law, German courts shall have international jurisdiction for litigation between the parties.
11. GENERAL INFORMATION
11.1 Detecting and correcting input errors
An effective and accessible technical means of correcting input errors is the “back” button of your browser. You can use this key to correct input errors.
An effective and accessible technical means for detecting input errors is e.g. For example, use the magnification feature when viewing your browser. For some browsers, this zoom feature is also called a “zoom” feature. Please make sure when entering and make sure that what you enter matches what you want to enter. Please always ask yourself when entering the question whether the wanted and the entered match. In case of uncertainties please cancel the process. If you make a mistake, please correct your entry. If you have any questions, you can always contact us. We are happy to assist you in detecting and correcting input errors.
11.2 Contract language The language available for the conclusion of the contract (contract language) is German. 11.3 No subjection to codes of conduct We do not submit to codes of conduct. 11.4 Fulfillment of our duty to inform according to Art. 14 EU-Regulation No. 524/2013 of 21.05.2013 Article 14 (1) EU Regulation No 524/2013 states: “Consumer information 1. Operators established in the Union who enter into online sales contracts or online service contracts and online marketplaces established in the Union shall provide a link to the OS platform on their websites. This link must be easily accessible to consumers. Entrepreneurs established in the Union who enter into online sales contracts or online service contracts also provide their e-mail addresses. “
In accordance with this note, we would like to point out that an online platform of the European Commission for the out-of-court online dispute resolution (OS platform) is available at http://ec.europa.eu/consumers/odr. Our e-mail address is: firstname.lastname@example.org 11.5 Obligation to inform according to § 36 VSBG We do not participate in a dispute settlement procedure before a consumer arbitration board.
12. SALVATORY CLAUSES
Should a provision in these terms and conditions be or become ineffective, the rest of these terms and conditions or the contracts concluded on the basis of these terms and conditions shall not be affected. Void or ineffective provisions will be replaced by the statutory provisions.