General Terms and Conditions of Business (GTCB) Download: gtcb.pdf (11 kb)
1. General
1.1
The legal relationship between the customer and Hellas Star Touristik KG, Ittertalstrasse 7, 42719 Solingen, Germany, hereinafter referred to as "Hellas Star", shall be governed by the statutory provisions and these general terms and conditions of business. By booking with Hellas Star, the customer acknowledges that he/she and any person registered by him/her agree to be bound by these terms and conditions.
1.2
Hellas Star acts as an agent between different service providers offering a range of different services and the customer. Therefore, the customer and Hellas Star conclude an agreement on a "non-gratuitous service" pursuant to Sections 675, 631 of the German Civil Code (Bürgerliches Gesetzbuch; "BGB"). The individual services arranged will be invoiced separately to the customer and settled separately to the individual service providers. All services arranged are invoiced in the name and account of the respective service providers, for which Hellas Star is authorised to collect payments. As a German company, Hellas Star is not acting as a travel organiser as defined in Section 651a ff. BGB. The statutory provisions regarding travel organisers shall not be applicable to the contract concluded between Hellas Star and the customer. Where Hellas Star only provides links to third-party offers, Hellas Star shall not be deemed to act as an agent with respect to such offers.
2. Booking Procedure and Service
2.1
By completing the booking procedure, the customer awards Hellas Star a travel agency contract subject to the internet offer and these terms and conditions of business. The booking may be effected in writing, orally, over the phone or through online services. When using online-services, the booking is made by completing the booking procedure on the internet pages of Hellas Star. Hellas Star takes the booking in the name and on behalf of the individual service providers. Upon consultation with the respective service provider concerned, the customer will receive a booking confirmation via e-mail, telefax, or by letter. The contract shall validly take effect upon receipt of said confirmation.
2.2
The customer will receive one invoice for each of the confirmed travel services; these shall be paid as follows: holiday accommodation, Hellas Star-Rental cars and transfer services: 25% down payment on the invoice total; the amount shall be credited to the account of Hellas Star within 8 days. The remaining amount shall be credited to the account of Hellas Star 30 days prior to departure, without any further notification being sent to the customer. Flight and ferry tickets and foreign hired cars: If invoiced by Hellas Star, the amounts shall be paid immediately without deduction and within 8 days at the latest. It is hereby expressly agreed that the general terms and conditions of the respective service providers shall apply. Payments maybe made by cash deposit to the account of Hellas Star, by free wire transfer/money order to Hellas Star or by cash payment at the offices of Hellas Star. Upon receipt of the payment, the customer will receive all necessary travel documents from Hellas Star.
2.3
In cases of force majeure due to war, strike, or the like Hellas Star may cancel the travel contract with immediate effect. The same shall apply if the object of services (e.g. holiday accommodation) has been sold and Hellas Star is not able to provide a replacement. The scope of the contractual services is solely determined by the specifications which are provided in the current internet presentation taking into account the local usage and customs of the travel destination; these specifications constitute the basis of the contract and are referred to in the details of the invoice.
3. Warranty, Liability and Duty to Co-operate
3.1
Hellas Star shall be deemed to fulfill its obligations under the agency contract by providing the travel documents, such as vouchers, car hire vouchers or flight tickets.
3.2
All specifications are based upon a personal visit and the details given by the service providers. Hellas Star shall be liable for duly arranging the booked travel services within the scope of its duty to exercise the due care of a prudent businessman. The specifications correspond to the conditions found during the last visit by the representatives of Hellas Star. Should the service provider inform Hellas Star that the offer specifications have changed since the booking confirmation the customer will receive a new offer. Should such new offer not meet the customer's approval, the latter shall be entitled to cancel the booked travel services free of charge.
3.3
In general, the customer may move into summer cottages, holiday flats, apartments, bedsits, hotel rooms as of 17:00 hrs. on the day of arrival. They must be left by 10:00 hrs. on the day of departure. The rented rooms as well as the furniture and all common facilities, such as parking lots, alleys, and the like must be treated carefully. The accommodation must be left in a clean and tidy condition, the dustbins must be emptied. The final cleaning by the landlord (service provider) shall not include cleaning the dishes, glasses, and cookware, or cleaning the cooking stove, the oven, the refrigerator, or the kitchen equipment; these must be left in a clean and perfectly tidy condition. The customer undertakes to notify the proprietor or his local representative immediately of any damage caused him during the lease and to replace any damaged items. Any damage found during the final cleaning as well as any soiling that cannot be removed by standard cleaning agents will be invoiced to the customer. The contractual accommodation shall be occupied by the number of persons stated in the contract only. In the event that the accommodation is occupied by more persons than notified, the landlord shall be entitled to demand a reasonable extra charge for such period, and the excess number of persons shall have to leave the accommodation immediately. Irrespective of the foregoing, the landlord shall also be entitled to cancel the contract. It is not permitted to pitch tents or to park automobile campers on the property. Domestic animals are only permitted on the property upon express written consent by in-hellas Reisen. If the specifications include bed sheets and bath towels, the bed sheets customary in the country, bath towels and dish clothes will only be handed over to the lessee; the service does not include that the landlord or his local representative put the bedding on. The customer is not allowed to remove bed sheets or bath towels from the holiday home, e.g. for using them on the beach. Payments of extra costs at the resort, e.g. for use of the air-conditioning (cf. specifications), must be made immediately and in cash if required by the landlord or his local representative.
3.4
When arranging flights or ferry passages, Hellas Str draws attention to the fact that the respective service providers reserve the right to change certain conditions for important reasons. Such changes may involve modified routeings, or changing non-stop flights into stopover flights, altering times and dates, or using different aeroplanes or ferries. The general terms and conditions of the service provider are applicable and will be made available to the customer upon request.
3.5
According to the legal obligations set forth in Section 651d (2) BGB, the customer is obliged to immediately notify the service provider or his local representative of any defects at the holiday location and to request that the defect be remedied within a reasonable period of time. The respective name and telephone numbers are contained in the travel documents provided by Hellas Star. In case of defects, the customer is obliged to make all reasonable efforts to assist in remedying the defect and minimising the damage. If the customer fails to notify the defect to the service provider and instead complains to Hellas Star upon his return only, attempted fraud in travel will be suspected which entails forfeiture of any claims for damages. The contractual liability for payment of damages in cases not involving bodily injury is limited to the total of the invoice amount of the respective travel service, unless said damage was caused to the customer by intentional act or gross negligence on the part of the service provider. Hellas Star does not assume any liability for damage caused to the customer by using the object of services (e.g. holiday accommodation) or its furniture. The customer will have to pay the total invoice amount even if the object of services (e.g. holiday accommodation) does not comply with his expectations. Hellas Star will in no case be liable for any changes in the local circumstances that do not directly concern the holiday home and on which Hellas Star has no influence (e.g. subsequent building measures not known to Hellas Star, noise from neighbors, etc.), or for incidents concerning the power supply or in cases of force majeure (e.g. war, strike, fire, etc.). This disclaimer also applies to any personal property of the lessee lost during the period of service at the object of services (e.g. holiday accommodation). No liability is assumed for any damage caused to vehicles parked in parking lots or on properties.
4. Provisions on Entry and Other Requirements
4.1
The customer himself is responsible for complying with the applicable regulations pertaining to entering and leaving a country, health, passport and visa matters.
4.2
The customer himself is responsible for complying with the requirements of the individual service providers, such as ferry or airline companies regarding check-in times, confirmation of return travel times or flights and other related matters.
5. Cancellation and Changes of Reservations
5.1
The customer may withdraw from the travel contract at any time before departure. Withdrawal from the travel contract must be notified to Hellas Star as the representative of the service provider. Although the withdrawal is not subject to a certain form, Hellas Star recommends notifying withdrawal in writing. The withdrawal will take effect on the day on which the notification of withdrawal is received by Hellas Star. In the event of withdrawal by the customer, the service providers (landlord, taxi company, etc.) demand the following flat-rate cancellation fees for leased summer cottages, holiday flats, apartments, bedsits, hotel rooms and for transfer services:
- up to the 61st day prior to the start of the lease/provision of service = 25% of the invoice amount;
- from the 61st to the 31st day prior to the start of the lease/provision of service = 60% of the invoice amount;
- from the 30th to the 11th day prior to the start of the lease/provision of service = 80% of the invoice amount;
- from the 10th day prior to the start of the lease/provision of service = 90% of the invoice amount.
5.2
In the event of withdrawal by the customer from flight or ferry tickets or car hire reservations, the provisions of the respective service providers shall apply.
5.3
The customer is entitled to furnish evidence that no damage was caused to Hellas Star and the service provider by the cancellation or that the amount of said damage was less than the above-mentioned flat-rate cancellation fees. In such case, the customer shall only be obliged to pay the costs actually incurred.
5.4
In the event of a change of reservation after receipt of the reservation confirmation, a fee of € 30.00 will be charged by Hellas Star.
5.5
The customer will not be exempted from payment of the invoice amount if he is prevented from using the travel services he is entitled to under the travel contract due to force majeure (war, strike, forest fire, natural disaster and the like). In such case the flat-rate cancellation fees stated in sections 5.1, 5.2, and 5.3 above shall apply.
5.6
Hellas Star expressly recommends its customers to purchase travel insurance (that covers withdrawal from, or cancellation of, the travel)
6. Place of Jurisdiction
The customer may only bring an action against Hellas Star at their place of business. Any action brought against the customer by Hellas Star must be brought at the customer's residence, unless the action is brought against a businessman. In such case, the place of business of Hellas Star shall be deemed to be the agreed place of jurisdiction.
7. Final Provisions
The legal relationship between the customer and Hellas Star shall be governed by the German Civil Code supplemented by these general terms and conditions of business. Should any part of hereof be ineffective, the effectiveness of the remaining provisions shall not be affected thereby.
December 2009
Hellas Star Touristik KG (ltd. commercial partnership)
Ittertalstrasse 7
42719 Solingen
Germany
Tel. +49(0)212 5995909
Fax +49(0)212 5995908
General partner and managing director: Stephan Herbertz
