1. Scope

a. Passolution International GmbH (hereafter Passolution) offers its services concerning the regular a​nd permanent fulfillment of certain pre-contractual information obligations based on DIRECTIVE (EU) 2015/2302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2015 on package travel and linked travel arrangements for travel agencies, OTAs, tour operators and other service providers in the travel sector, which are subject to corresponding pre-contractual information requirements vis-à-vis customers. The following terms and conditions (hereafter T&C) are the basis of all contracts of Passolution, which it has concluded with its contractual partners (companies/entrepreneurs exclusively) in relation to the offered services.

b. These Passolution’s T&C exclusively apply in the case of conflicting terms and conditions o​f contractual partners of Passolution.

c. Passolution is entitled to unilaterally modify the terms and conditions included in the c​ontractual relationship with its contractual partners, insofar as this is necessary for the elimination of subsequently arising equivalence disturbances or for adaptation to changed legal or technical conditions. Passolution will inform the customer about any adaptations by notifying the content of the amended regulations. The change becomes an integral part of the contract if the contracting party does not object in writing or in so called text form (pursuant to sec. 126 b BGB:email, telefax etc.) to Passolution within six weeks of receipt of the notification of change.

2. Service

Content of the service provided by Passolution is the provision and, if necessary, provision of certain information obligations for contracts concerning package tours which are incumbent on travel agencies, OTAs, tour operators and other service providers in the travel sector in the context of their pre-contractual information obligations to customers. Passolution holds before its contracting parties and makes available, in particular, general passport and visa requirements of the country of destination, including the approximate time limits for obtaining visas, as well as sanitary formalities.

3. Conclusion of the contract

A contract between Passolution and the contracting partner comes about by the transmission of the signed contract by post, by fax or by e-mail.

4. Minimum contract period and remuneration

a. The contract has a minimum period of 12 months. After expiry of the minimum period, the contract may be terminated by both parties at the end of each month with a notice period of 14 days. The termination against Passolution has to be made in writing by registered mail and must be sent to:

Passolution GmbH Karl-Schiller-Straße 5 51503 Rösrath.

b. The agreed remuneration for the service provided by Passolution is payable monthly in a​ dvance at the latest on the 3rd working day of each month.

c. The service of Passolution is subject to VAT at the current rate of 19%.

5. Scope of services, warranty and liability

a. All information provided by Passolution to its contractual partners and, if applicable, i​nformation about general passport and visa requirements of the country of destination of the customer of the contracting party, including the approximate time limits for obtaining visas, as well as health formalities are compiled with the utmost care. However, no warranty can be given for any errors in the data collection or data transmission. The transfer of data to other media, even in part, or use for purposes other than those provided here is only permitted with the express permission of Passolution.

b. The liability of Passolution in other respects is excluded for all damages, for whatever legal ​r​eason, as far as the damages are not

• based on a culpable violation of material contractual obligations, i.e. obligations the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner can regularly rely, or
• caused by gross negligence or intent on the part of Passolution or
• in an injury to life, body or health, the Product Liability Act (Produkthaftungsgesetz) or
• other legally binding liability consist.

If Passolution is liable for the culpable violation of essential contractual obligations without gross negligence or intent, the entire liability of Passolution shall be limited to such damage and such scope of damage as Passolution typically foresees following the circumstances known to it at the conclusion of the contract could.

6. Jurisdiction

The business relationship between Passolution and its contractual partners is governed exclusively by German law, excluding the UN Sales Convention and the reference standards of international private law. Place of performance and place of jurisdiction for all
services and disputes within the scope of this contract between Passolution and its contractual partner is Cologne.

7. Other provisions

Should one or more of the above provisions be invalid, the validity of the remaining provisions shall not be affected. This also applies if, within one regulation, one part is ineffective, another part is effective. The respective invalid provision shall be replaced by the parties by a provision which comes closest to the economic interests of the contracting parties and which does not conflict with the other contractual agreements.