Terms and services
General Terms and Conditions of the Travel Agency
§ 1
Activity as Travel Agent
The following General Terms and Conditions (GTC) regulate the contractual relationships between the traveler and the mediation activities provided by the travel agency (hereinafter “Boldoutgoing”). Only the following GTCs of Boldoutgoing apply exclusively to the mediation contract. The validity of any GTCs of the traveler is hereby expressly rejected.
Boldoutgoing offers the traveler all travel services from various tour operators and service providers (e.g., for individual travel services or linked travel arrangements) exclusively for mediation as a travel agent, agent for linked travel arrangements, or agent for individual travel services.
The traveler grants Boldoutgoing the mediation order through the booking. Boldoutgoing accepts the customer’s mediation order in text form, in writing, or (remotely) orally.
Boldoutgoing may agree on special Quality Plus services with the traveler. Boldoutgoing offers the customer the Quality Plus services (with the exception of Quality Plus insurance services) in its own name and on its own account. The Quality Plus insurance services (QTA value-added package) are mediated by Boldoutgoing, whereby Boldoutgoing points out the insurance conditions including the insurance certificate of the insurer upon conclusion of the contract and hands these over to the customer.
For the travel contract mediated by Boldoutgoing between the traveler and the respective tour operator or service provider (hereinafter also “provider”), only the GTCs of the respective provider are decisive. The GTCs of the respective providers are displayed or brought to attention before the travel booking and must be expressly confirmed by the participant/traveler. Should no GTCs of a provider be available (such as for scheduled flights), the respective tariff conditions of the airline apply, which the traveler has familiarized themselves with before booking.
§ 2
Mediation Order and Payment Conditions
With the booking, the traveler grants Boldoutgoing the legally binding order to mediate specific travel services for the traveler with a specific provider.
The booking is legally the traveler’s offer to the provider for concluding a travel contract. Boldoutgoing transmits this to the provider. The transmission by Boldoutgoing does not constitute acceptance of the traveler’s offer to conclude a travel contract with the respective provider. The provider decides at their own responsibility about acceptance. If they accept the traveler’s offer, the traveler receives a written travel confirmation or travel confirmation in text form.
Boldoutgoing as mediator is not obligated to advance the travel price to the provider for the traveler. Disadvantages to the traveler caused by non-timely payment by the traveler must be borne by the traveler themselves.
Invoices that are issued and collected by Boldoutgoing (travel agency collection by Boldoutgoing) are made in the name and for the account of the provider. Invoices are to be paid by the date shown on the invoice.
When mediating a package tour, in cases of travel agency collection by Boldoutgoing, the security certificate according to § 651r BGB is handed over before payment. When mediating linked travel arrangements, Boldoutgoing will ensure the customer money protection required according to § 651w Para. 3 BGB and hand over the corresponding security certificate to the traveler.
§ 3
Travel Documents
Travel documents are handed over to the traveler, transmitted by email or by post, or in individual cases deposited with the service providers of the respective provider (airlines, hotels, car rental companies, etc.). The traveler bears the transmission risk.
If the traveler wishes the dispatch of travel documents by courier, the traveler must bear all costs arising from this. The traveler bears the transmission risk.
Insofar as the traveler wishes the mediation of travel insurance by Boldoutgoing, Boldoutgoing transmits the insurance documents to the traveler through personal handover or by post. The insurance documents regularly consist of the insurance conditions and an insurance number.
The traveler is requested in their own interest to immediately check the documents handed over by the travel agency for their correctness and, in case of identified discrepancies, to immediately inform the travel agency or the provider directly to avoid damages.
§ 4
Issuance and Dispatch of Flight Tickets/Identity of Operating Airlines for Booked Flight Services
In principle, flight tickets are issued at the latest 14 days before departure and delivered or handed over to the traveler according to the chosen dispatch method. This only applies insofar as the corresponding airline as travel provider has not specified other issuance deadlines. Boldoutgoing can also issue flight tickets earlier upon request, whereby it is pointed out that from issuance, in case of cancellation or rebooking request by the traveler, cancellation/rebooking fees of up to 100% of the travel price may be charged by the provider. A legal claim to handover only exists on the departure day. The traveler must note that after ticket issuance, in case of cancellation/rebooking, in addition to any cancellation/rebooking fees charged by providers, a processing fee will be charged by Boldoutgoing.
If the airline offers an electronic ticket (“e-ticket”) instead of a paper ticket, an electronic booking code in text form (usually by email) is typically transmitted. This must be presented by the traveler at check-in together with an identification document (identity card or passport).
According to EU Regulation VO 2111/05, Boldoutgoing hereby points out the obligation of the travel agent to inform the traveler about the identity of the operating airline for all transportation services on outbound and return flights before contract conclusion, provided the airline is already determined before contract conclusion. Boldoutgoing refers to the information in the respective service description about the airlines used. Insofar as the airline is not yet determined, Boldoutgoing informs the traveler before contract conclusion about the airline that will presumably carry out the flight. As soon as the airline is determined, Boldoutgoing will ensure that the traveler receives the information about this as quickly as possible. This also applies to any changes in the airlines carrying out the flight service.
§ 5
Rebooking and Withdrawal
From rebookings as well as withdrawal from the travel contract, the traveler may incur sometimes considerable costs. After conclusion of the contract with the provider of the relevant tourism service, these regulations are governed exclusively by the legal provisions or the General Terms and Conditions of the respective provider as contractual partner of the traveler. To avoid this cost risk, Boldoutgoing therefore recommends that the traveler conclude a travel cancellation insurance as well as insurance to cover repatriation costs in case of illness or accident.
§ 6
Information Obligations of the Travel Agent
Insofar as Boldoutgoing is a travel agent within the meaning of § 651v Para. 1 BGB, Boldoutgoing fulfills the legal information obligations before travel registration according to § 651v Para. 1 BGB and informs in particular about essential characteristics of the trip, travel price, down payment and final payment, minimum number of participants, entry requirements, withdrawal compensation, form sheet for package tours, etc., insofar as this information has not already been communicated by the respective tour operator. Boldoutgoing will hand over the respective form sheet to the traveler.
Insofar as Boldoutgoing is an agent for linked travel arrangements within the meaning of § 651w Para. 1 BGB, Boldoutgoing will inform the traveler according to Article 251 of the Introductory Act to the Civil Code and hand over the respective form sheet to the traveler.
§ 7
Obligation Duties of the Traveler/Forwarding of Defect Notifications
Boldoutgoing expressly points out to the traveler that the GTCs of the respective provider as contractual partner of the traveler regularly contain special duties for the traveler in case of occurring defects in travel services or also in case of luggage loss or similar. This includes in particular the observance and compliance with specifications of the tour operator/service provider or the respective transport company in the handling of flights.
If the traveler does not observe the obligations arising from this, this can lead to a (partial) loss of the traveler’s claims against the provider.
The traveler must immediately report defects in Boldoutgoing’s mediation service and give Boldoutgoing – where possible – the opportunity to remedy them.
Boldoutgoing is considered authorized by the tour operator to receive defect notifications as well as other declarations of the traveler regarding the provision of travel services. Boldoutgoing must immediately inform the tour operator of such defect notifications and declarations of the traveler.
§ 8
Liability of Boldoutgoing
Boldoutgoing is not liable for the consequences of unavoidable, extraordinary circumstances such as wars, civil unrest, aircraft hijackings, terrorist attacks, fire, floods, which affect Boldoutgoing’s services.
Boldoutgoing is furthermore not liable for the provision of travel services and/or for the mediation success of the application for concluding a travel contract with the respective provider submitted to them, but only for ensuring that the mediation is carried out with the care of a proper merchant. Boldoutgoing is not liable for loss, destruction, or damage of travel documents, provided these are sent to or handed over to the traveler. Boldoutgoing is not liable for information provided by the respective provider about the trip desired by the traveler and also not for the availability of travel services at the time of contract conclusion or for service changes by the provider after conclusion of the mediated travel contract.
The aforementioned exclusions do not apply insofar as erroneous and/or incorrect information was known to Boldoutgoing or should have been known when applying commercial and industry-standard care. In this respect, Boldoutgoing’s liability for having to know such circumstances is limited to cases of intent or gross negligence.
For damages to life, body, or health as well as in cases of intent or gross negligence, when assuming a guarantee or in case of malice, Boldoutgoing’s liability is unlimited. Likewise, there is unlimited liability for booking errors according to § 651x BGB or in cases of violation of insolvency protection and/or information obligations according to § 651w Para. 4 BGB.
Otherwise, Boldoutgoing is liable for damages caused by simple negligence, insofar as the negligence concerns the violation of such contractual obligations whose compliance is important for achieving the contract purpose and on whose compliance the traveler regularly relies or may rely (so-called cardinal obligations). However, Boldoutgoing is only liable insofar as these damages are typically connected with the contract and foreseeable. Liability is limited in this case to three times the value of the mediated tourism service. In cases of negligent violation of non-essential secondary obligations, Boldoutgoing is not liable.
The above liability limitations also apply insofar as liability for legal representatives, executive employees, and other vicarious agents of Boldoutgoing is concerned. Further liability is excluded regardless of the legal nature of the claim. Insofar as Boldoutgoing’s liability is excluded or limited, this also applies to the personal liability of their employees, workers, staff, representatives, and other vicarious agents.
§ 9
Data Protection
Boldoutgoing is responsible under data protection law for processing the personal data of travelers for the purpose of contract performance according to Art. 6 S. 1 Para. 1 lit. b GDPR. The personal data of travelers is processed exclusively for carrying out and handling the booking. Personal data is not passed on to third parties for purposes other than contract fulfillment without the traveler’s consent. The data is deleted as soon as it is no longer required for the purpose of its processing, unless Boldoutgoing is obligated to longer storage according to Art. 6 Para. 1 lit. c GDPR due to tax and commercial law retention and documentation obligations or the traveler has consented to storage beyond this according to Art. 6 Para. 1 lit. a GDPR.
The applicable data protection law grants travelers the following data subject rights vis-à-vis Boldoutgoing regarding the processing of their personal data:
Right to information according to Art. 15 GDPR, right to rectification according to Art. 16 GDPR, right to erasure according to Art. 17 GDPR, right to restriction of processing according to Art. 18 GDPR, right to notification according to Art. 19 GDPR, right to data portability according to Art. 20 GDPR, right to revoke granted consents according to Art. 7 Para. 3 GDPR as well as right to complaint to the supervisory authority according to Art. 77 GDPR.
The traveler can contact Boldoutgoing regarding data protection questions at datenschutz@boldoutgoing.com
§ 10
Dispute Resolution Procedure Before a Consumer Arbitration Board
Boldoutgoing is not obligated to participate in dispute resolution procedures before a consumer arbitration board and does not participate in dispute resolution procedures before a consumer arbitration board.
Legal Notice / Impressum
Legal Notice
Responsible: Adielle Fernanda Djampa
Contact: Boldoutgoing inh. Adielle Fernanda Djampa
Address: Saarlandstraße 17, 67061 Ludwigshafen
Tel.: +4915738316817
E-Mail: info@boldoutgoing.com
VAT ID: DE369315813
Information on Online Dispute Resolution
The EU Commission has created an internet platform for the online resolution of disputes (so-called “ODR platform”). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Customers can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr
Third-Party Content, Disclaimer
In implementing this website, Boldoutgoing relies on content provided by third parties, particularly by service providers and tour operators (“third-party content”). Since it is not possible to verify this third-party content, no guarantee is given for its accuracy. This exclusion applies in particular to product descriptions and database entries. We cannot guarantee the content and representations of linked websites and are not responsible for their content and presentation.
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