Terms and Conditions
1. Scope of Application
Passolution GmbH offers its services regarding the regular and constant fulfilment of certain pre-contractual informational duties based on the EU package travel directive for travel agencies, OTAs, tour operators and further service providers in the travel industry, who are obliged to provide corresponding informational duties to the (end-) customer. The following terms and conditions (hereafter
T&Cs) are the basis of all contracts of Passolution GmbH, which it has closed with its contract partners (exclusively companies) with regards to the offered services.
These T&Cs also apply in the case of contradicting T&Cs of the contract partner.
Passolution GmbH is allowed to unilaterally change the T&Cs, included in the contractual relationship with its contract partners, as long as this is necessary for the settling of subsequently arising disruptions of the equivalence mandate or for the adjustment to changed legal or technical basic conditions. Passolution GmbH will inform its customers about the content of the changed regulations. The change becomes part of the contract if the contract partner does not contradict the inclusion of it into the contract in written or text form within six weeks after obtaining the notice of change.
2. Subject of Services
Substance of the services of Passolution GmbH is the provision of certain informational duties for package travel contracts that travel agencies, OTAs, tour operators and further services providers in the travel industry are obliged to provide to their (end-) customers in line with the pre-contractual informational duties. Passolution GmbH holds available and provides its contract partners with namely general passport and visa requirements of the country of destination, including the approximate time limits for obtaining visa, as well as sanitary formalities.
3. Conclusion of Contract
A contract between Passolution GmbH and the contract partner (business operator) is closed through the transmission of the signed usage contract via mail, fax or e-mail.
4. Minimum Duration of the Contract and Compensation
The contract has a minimum duration of 12 months. After the minimum duration of the contract, the contract can be terminated by both contract partners 14 days prior to the end of month. The termination of the contract has to be in written form via registered mail and is to be addressed to: Passolution GmbH, Eburonen Straße 7, 50678 Cologne, Germany.
The agreed upon compensation of the services of Passolution GmbH has to be paid monthly in advance, latest until the third working day of each month.
The services of Passolution GmbH do not include the applicable statutory value-added tax of currently 19%.
5. Scope of Service, Warranty and Liability
All of the information regarding the general passport and visa requirements of the country of destination of the (end-) customer, including the approximate time limits for obtaining visa, as well as sanitary formalities that are made available by Passolution GmbH to its contract partners are composed with utmost care. For possible errors in the data entry or data transfer no warranty can be granted. The transfer of data to other data carriers, also in extracts, or the usage for other purposes than those intended here is only allowed with the explicit approval of Passolution GmbH.
The liability of Passolution GmbH does not hold for all damages, no matter on which legal grounds, as long as the damages are not
• based on culpable violation of fundamental contract duties, i.e. duties whose fulfilment is only made possible through the proper execution of the contract or on whose compliance the contract partner can regularly rely on,
• caused through culpable negligence or intent by Passolution GmbH,
• regarding the harm of life, body or health, the law of product liability or other legally binding liability provisions.
If Passolution GmbH is liable for the culpable violation of essential contractual duties, without the existence of culpable negligence or intention, the total liability of Passolution GmbH is limited to those damages and that extent of damages that Passolution GmbH could have typically foreseen to occur given the circumstances aware of at the point of contract closure.
6. Place of Jurisdiction
For the business relationship between Passolution GmbH and its contract partners, exclusively German law is applicable with exclusion of the United Nations Convention on Contracts for the International Sale of Goods as well as the reference provisions of international private law. Place of performance and of jurisdiction for all services and arguments in line with this contract between Passolution GmbH and its contract partner is Cologne, Germany.
7. Further Regulations
Should one or more of the preceding regulations be ineffective, the effectiveness of all other regulations should not be affected by this. This is also applicable if, within a regulation, one part becomes ineffective, whereas another part remains effective. The respective ineffective regulations should be replaced by the parties with a regulation that comes as close as possible to the economic intent of the contract parties and that does not interfere with the remaining contractual agreements.