Terms of Service
General terms and conditions of ConfigCar GmbH for the mediation of tourist services and flights for third-party providers (hereinafter referred to as GTC mediation)
1. Scope and contractual relationships1.1
These general terms and conditions brokering regulate the conditions for booking other tourist services, such as travel insurance, rental cars, etc. (hereinafter collectively "Touristic Services") from various tour operators, rental car providers, etc. (hereinafter collectively referred to as "providers"). The Protagged.eu portal legally represented by ConfigCar GmbH only acts as an intermediary for the respective provider in terms of tourism services and mediates contracts in the name and on account of the provider. In the case of booking a tourism service, a business agency contract is concluded between Configcar GmbH and the user, the object of which is the mediation of tourism services.1.2
The offers of tourism services shown on the website are NOT a binding contract offer on the part of ConfigCar GmbH and / or the respective provider. Rather, it is a request to the user to submit an offer to conclude a contract with the provider of the tourism service (invitatio ad offerendum). The user submits an offer by entering his data in the online booking form and sending it to ConfigCar GmbH. The user is bound to his contract offer for a maximum of 6 days. Within this period, ConfigCar GmbH, on behalf of the respective provider or the respective provider, either declares acceptance of the offer aimed at the conclusion of a contract or transmits a new contract offer to the user, which the user can accept within the period specified therein. When the user sends a booking confirmation or accepts the new offer sent by ConfigCar GmbH or the respective provider, the corresponding contract for the tourism service comes into being. The contract is also concluded when an invoice is sent to the customer by ConfigCar GmbH or the respective provider.1.3
The brokered contract for the tourism service may be based on the provider's own general terms and conditions. This may regulate payment terms, provisions regarding due dates, liability, cancellation, rebooking and repayment - if provided - as well as other restrictions and obligations of the user. The relevant terms and conditions of the provider are provided to the user electronically by ConfigCar GmbH or the respective provider for inspection and approval prior to booking.
2. Contact to ConfigCar GmbH2.1
ConfigCar GmbH and the Protagged.eu portal can be reached at the following address:
he following regulations refer to the Protagged.eu service center portal at individual points. The service center can be reached from Monday to Friday from 8.30 a.m. to 5.30 p.m. (CET) at the following telephone numbers at the costs stated below:
- In Germany:
+49 730 403 214 15
3. Customer obligations3.1
ConfigCar GmbH must be notified of any deficiencies in the placement service immediately; as far as reasonable, the opportunity to remedy the situation must be given. If a notice of defects is culpably omitted, any claims of the user from the agency contract shall not apply, provided that a reasonable remedy by the user would have been possible through ConfigCar GmbH.3.2
The user is advised that ConfigCar GmbH is not authorized and obliged to accept notification of defects regarding the tourist service. Such complaints are to be made directly to the provider of the tourist service.
With the conclusion of a contract for a tourism service, the respective provider may request a down payment, which will be deducted from the price of the tourism service. In deviation from the above, payments for rental car contracts are usually due immediately upon receipt of the booking confirmation by the rental car provider. In the case of rental cars, it should also be noted that if the vehicle is rented outside the opening hours of the rental station, additional charges may be incurred, which must be paid by the user on site. Insofar as ConfigCar GmbH invoices travel or other services and collects payments, this is done in the name and on account of the respective provider.4.2
Due payments to the providers of the tourism services can be made with the credit cards VISA, Eurocard, American Express and Diners Club, if these are offered by the provider of the tourism service as a means of payment. For more information on the payment methods offered, please refer to the information in the booking line and directly to the terms and conditions of the provider of the tourism service.4.3
Payments from current accounts of a German financial institution can also be made by direct debit. The direct debit procedure SEPA Direct Debit (SDD) is mandatory for postings with bank direct debits. For this, ConfigCar GmbH (possibly via the travel agency) requires a so-called "mandate" that allows your current account to be debited with the price to be paid by direct debit. The mandate is part of the confirmation.4.4
The user will be informed of the corresponding charges before booking. ConfigCar GmbH is entitled to pass on any chargeback fees to the user for credit card debits that have not been redeemed or SEPA direct debits.
5. Travel documents5.1
Tourist services, for whose services ConfigCar GmbH acts as an intermediary and / or documents for other tourism services, including authorization certificates (hereinafter collectively "travel documents"), are usually provided to the user directly by the provider or by ConfigCar GmbH by post and / or by Email sent.
6. Contract changes (rebooking, cancellation)6.1
After the conclusion of the contract with the provider of the tourism service, the conditions for contractual changes initiated or desired by the customer (eg rebooking, withdrawal) are based on the conditions of the respective provider. ConfigCar GmbH is entitled to invoice the user for any costs arising from changes to the contract on behalf of the respective provider and to collect or withhold these amounts.
7. Travel insurance
ConfigCar GmbH particularly points out the possibility of taking out travel cancellation insurance as well as insurance to cover repatriation costs in the event of an accident or illness. In addition, travel health insurance is also offered.
8. Liability of the Protagged.eu portal in the context of the agency relationship8.1
he Protagged.eu portal is not liable for the placement success and / or the actual / faultless provision of the tourism service itself, but only for the placement being carried out with the care of a prudent businessman.8.2
ConfigCar GmbH makes every reasonable effort to ensure that the information, software and other data available on the website, in particular with regard to prices, restrictions and dates, is current, complete and correct at the time of publication. However, the individual information on tourist services is based on the information provided by the provider. ConfigCar GmbH does not guarantee this.8.3
All of the tourism services shown on the website are only available to a limited extent. ConfigCar GmbH is not liable for the availability of a travel service at the time of booking.8.4
ConfigCar GmbH also assumes no liability for the correctness, completeness and reliability of other third-party content. Geodata displayed on the website, in particular map representations, only serve as a non-binding guide to the approximate local position of the offer. Decisive for the conclusion of the contract are, however, only the local information given to you in the offer within the online booking process and / or in the corresponding booking and travel confirmation.8.5
For the rest, ConfigCar GmbH is only liable for damages that are not personal injuries in cases of intent or gross negligence, liability due to guarantees assumed and liability for the violation of essential contractual obligations (cardinal obligations). In the event of negligent breach of cardinal obligations, the liability of ConfigCar GmbH is limited to contract-typical and foreseeable damage and in any case to three times the value of the mediated tourist service.8.6
ConfigCar GmbH is not liable for the loss, destruction and / or damage to the travel documents for which it is not responsible in connection with the dispatch.8.7
ConfigCar GmbH is not liable for the consequences of force majeure. These include orders from authorities, wars, civil unrest, hijackings, terrorist attacks, fires, floods, power cuts, accidents, storms, strikes, lockouts or other industrial action that affect the services of ConfigCar GmbH or its suppliers.
9. Data protection and data security9.1
Personal data (such as name, address, telephone number, credit card details) are essential for making the booking. ConfigCar GmbH takes the protection of customers' personal data very seriously. The data is stored by electronic data processing and is protected in accordance with the relevant provisions of the Federal Data Protection Act and other data protection regulations on the Internet. The data protection provisions of ConfigCar GmbH also apply.9.2
ConfigCar GmbH and / or the provider are expressly entitled to transmit data from official photo identification and other personal data processed and used in connection with the mediation to authorities in Germany and abroad (including in Canada and the USA) if the respective The authority's transmission requests are made on the basis of mandatory legal provisions and are required for the fulfillment of the agency contract.
ConfigCar GmbH reserves the right to change the general terms and conditions with effect for the future at any time without any obligation to notify the user. The current version of the General Terms and Conditions is available on the website from the time of its validity. By continuing to use the website after a change in the general terms and conditions, the user agrees to the changes.10.2
No agency, no employee or any other third party is entitled to change, supplement or waive these terms and conditions of mediation.
11. Verbal agreements
These general terms and conditions contain all agreements of the existing contract between the user and ConfigCar GmbH and replace all previous agreements, regardless of whether they were made verbally, electronically or in writing.
12. Ineffectiveness of individual clauses
Should one of the provisions be or become invalid, this ineffectiveness does not affect the remaining provisions.
13. Applicable law and place of jurisdiction
The contractual relationship between the user and ConfigCar GmbH is - regardless of the nationality of the user - subject to the law of the Federal Republic of Germany. The place of jurisdiction for full merchants, for people who do not have a general place of jurisdiction in Germany, as well as for people who have moved their domicile or habitual residence abroad after conclusion of the contract or whose domicile or habitual domicile is not known at the time the lawsuit is filed, is Hanover ( Germany).
HRB 730180 / Commercial Register District Court Ulm
Managing Director: S. Uhl