Comtravo is a service of MTR Travel Technologies GmbH, Rosa-Luxemburg-Str. 7, 10178 Berlin (hereinafter referred to as "Comtravo").
Comtravo compiles business travel services quickly, easily and uncomplicatedly to requests via phone, email, Skype and makes them available for the customer for direct booking.
The present General Terms and Conditions (hereinafter referred to as "GTAC") regulate the contractual relationship between Comtravo and its customers.
Art. 1 Definitions
- "Consumer" means any natural person who concludes a legal transaction for a purpose which cannot be attributed to its commercial or independent professional activities.
- "Business company" means any natural or juridical person or a legal partnership with personal capacity that is exercising its commercial or independent professional activity in concluding the legal transaction.
- "Business travel services" means all kinds of touristic individual services which Comtravo presents and makes available for its customers upon request (e.g. transportation by aircraft, rental cars, hotels, other accommodations).
- "Service provider" means any natural or juridical persons who provide the booked business travel service(s) to the customer (e.g. airline, lessor, car rental companies).
Art. 2 Scope of the GTAC, Hierarchy
- Opposing, deviating or supplementary general terms and conditions of the customer shall only be deemed to be agreed upon in case of explicit written confirmation by Comtravo. These GTAC shall also apply if Comtravo renders services with knowledge of conflicting or different terms and conditions of a customer without any reservation of rights.
- These GTAC are binding for any future individual contracts with the customer. This shall also apply even if no explicit reference to their validity is made again.
- Language of contract is German. The German version has precedence over any foreign language versions and is binding in case of doubt.
- If a mutually agreed framework agreement is the basis of the use of Comtravo's services the provisions of that agreement prevail the provisions of the present GTAC. In other respects, an existing framework agreement shall be amended by these GTAC.
Art. 3 Mutual rights and duties
- Depending on availability, Comtravo will present business travel services matching to the requests of the customers who do not act as natural persons (see Art. 1 parra 1 of these GTAC) as for example - but not limited to - flight, rental cars, hotel accommodation, each of them in electronic format. To render these kinds of services an individual communication between Comtravo and the customer is to be established via phone, email, or Skype, in which a change of media is always possible and desired. The customer can book his chosen or favored services directly and uncomplicatedly from the transmitted list. Comtravo provides the reporting and further payment processing, as for example the offsetting of eventually existing credit notes against payment.
- 1. The customer is obliged to pay the agreed prices to Comtravo for the actually used services. The same applies for services that are additionally and/or belatedly booked by the customer offered by the service provider (e.g. by the booked hotel, airline, Deutsche Bahn) or services that the service provider has them be provided by third parties on the initiative of the customer.
- In order to offer the most favorable travel prices the customer authorizes Comtravo within the context of bookings to also book those kind of services that contain individual services which the customer in fact does not need, but the fact of booking them results in a cheaper final amount compared to the single booking of the actually service needed (e.g. booking of an outward and return flight although only the outward flight is needed). Additional costs for the customer will not arise in this case, this course of action rather intends to minimize the costs of the customer.
- If during the booking process the customer has the possibility to state special requests (e.g. quiet room, smoker/non-smoker room), they will at all times be of non-binding character, unless otherwise agreed with Comtravo in each individual case.
- The customer has to carefully check all documents and confirmations with regard to its accuracy and completeness that Comtravo transmits to him in the follow-up to a booking. Any deviations, errors or the non-transmission of expected documents have to be reported to Comtravo promptly.
- The customer takes reasonable measures to ensure that the email correspondence with Comtravo, especially emails from Comtravo containing booking links, does not reach unauthorized third parties.
The Customer shall in particular ensure that the correspondence with Comtravo is exclusively handled by persons responsible and authorized for the booking of business travel within the company or business of the customer. Email offers of Comtravo should not be requested to be sent to email distribution lists and / or other email addresses accessible to a wider group of people (info@account).
The booking links contained in the emails remain active until a booking is confirmed, meaning that a third party which is not authorized by the internal guidelines, but has access to an email from Comtravo, could trigger a booking.
- In addition, for protection, the customer will not pass on personally addressed correspondence from Comtravo which may contain any further personal data (such as name, passport or visa data) and use it only within the legal requirements and internal authorizations.
Art. 4 Terms and Conditions and other Agreement Information of the Service Providers
- The customer is responsible to take note of and follow the terms and conditions, provisions, guidelines and other guidance notes of the respective service providers, which can claim validity for the provision of services beside the present GTAC.
- Comtravo has no influence on the terms and conditions, provisions, guidelines and other guidance notes of the respective service providers; they are agreed upon between the customer and the respective service provider. It may occur that these guidance notes, guidelines, terms and conditions or transport conditions of the respective service providers are not shown in German language.
- Contractual information of the providers that has been received by Comtravo will, as far as possible, be sent to the customer by Comtravo along with the booking confirmation. This, however, does under any circumstances not release the customer from his responsibility to independently finding out about and taking note of the relevant terms and conditions, provisions, guidelines, guidance notes and/or respective updates of the service providers.
Art. 5 Special Information for the Use of Combined Air Transportation Services
- Comtravo also searches for cheap flight connections for the customer by combining separate outward and return flight tickets of different airlines.
- By making use of this process different provisions for the service performance of each of the booked legs may apply. Any changes of one of the two bookings will have no effect on the other booking. Especially a cancellation of the outward flight of the first airline will have no effect on the booking of the return flight of the second airline and vice versa, meaning consequently that the customer will have no claims for reimbursement towards that airline whose agreement is not affected by the change.
- It is the responsibility of the customer to inform himself about and follow the guidelines and terms and conditions of all the service providers that are involved in the affected booking that he made with them. This especially applies for the different requirements of the airlines regarding check-in, luggage, ticket depositing, rebooking and cancellation issues. In case of international travels the customer possibly has to be able to prove to the immigration authorities during the check-in that he is in possession of a valid booking for the return flight. In such circumstances it is recommended to print the e-ticket of the return flight before the journey and carry it during travels.
- Comtravo gladly supports the booking process of the customer. The customer can establish contact to the Comtravo customer service via the email address email@example.com.
Art. 6 Responsibility of the Customer, Non-applicability of the Travel Law concerning Consumers
- The customer compiles his business travels according to the business travel services offered by Comtravo and on his own responsibility; this especially applies for the coordination of single service components that are matched to each other as well as for the adequate consideration of motives and purposes of the booking of business travel services (e.g. participation in a trade fair, event) on the customer side.
- The statutory provisions of the travel law for customers do not apply. It is therefore the customer's sole responsibility to look for ways of connecting transportation or to provide a substitutional way of transportation in case of cancellation of any other means of transport. Comtravo is not obliged to inform the customer about possible delays and/or the cancellation of his chosen means of transport. If Comtravo nevertheless decides to provide such information this shall be considered a voluntary service of Comtravo and does not give rise to a legal claim to the customer.
- The customer is expressly advised that disadvantages can possibly arise from the above-mentioned self-organization compared to the booking of services of a classic tour operator. If the customer makes a booking with a tour operator he will receive a coverage certificate and by this protection from insolvency of the service provider.
Art. 7 Transmission of Data to Comtravo, Compliance with Data Protection Standards
- The customer is obliged to transfer all kind of data and information which are needed by Comtravo for presentation and booking purposes of requested business travel services. The customer ensures that before transmitting personal data of agents, employees or other staff members to Comtravo all people concerned or affected agreed to the transmission of data or that the approval is dispensable; this especially also applies for contact data (e.g. telephone number, email address, Skype name). The customer assures to comply with all legal data protection provisions.
- In case that data and information change which previously have been transmitted to Comtravo according to Art. 7 parra 1, the customer is obliged to inform Comtravo of the change without undue delay and to transmit a corresponding notification; a notification via Skype or email is sufficient. If no such notification is made and Comtravo cannot render its services professionally therefore Comtravo reserves the right to suspend or cancel services until the data according to Art. 7 parra 1 has been corrected by the customer.
- In particular, the customer will inform Comtravo in a timely manner about the leave of employees from the company or business who have made reservations with or via Comtravo so that Comtravo can adjust the corresponding rights granted in the Comtravo profile and delete unnecessary records if necessary, insofar as this does not conflict with compulsory storage or tax retention obligations.
Art. 8 Prices, Terms of Payment
- The legal value added tax is to be paid on all of Comtravo's prices, unless the value added tax is not already shown in the price as "included". Any costs for the services provided by Comtravo will be communicated transparently to the customer during the booking process.
- Comtravo transmits an electronic invoice via email to the customer immediately after the booking, regardless of the nature of the booking channel via which the initial request was sent, unless otherwise agreed with the customer in each individual case. Additionally, Comtravo provides the customer with all issued invoices of the current month as well as with a complete list of all processed bookings and credit notes which will be transmitted in PDF format via email at the end of each month.
- If the customer does not pay by the due date he enters default without further reminder. Under Art. 247 BGB (German Civil Code) Comtravo is entitled to charge interest for late payment to an amount of 9 per cent above base rate from the beginning of default. Comtravo's right to claim higher or further damage caused by delay will not be affected.
- Comtravo's pricing model includes significant third-party costs. In case of cost increases of the Global Distribution System (GDS) used by Comtravo, changes, updates of the services or cost increases in the travel industry or changes of the customer's travel volume in terms of air journeys, car rentals, train journeys or hotel bookings compared to the initially stated basic assumptions, Comtravo is entitled to adjust the service fee at its reasonable discretion. Comtravo will report such price adjustment to the customer on time. In case of such price adjustment the customer is entitled to terminate the contract in accordance with the provisions of the cooperation agreements.
- In case that a service provider wholly or partially retains a possibly disbursed deposit or security by Comtravo (e.g. AirBnb or rental car booking) or claims damages, Comtravo is entitled to invoice the customer for these retained deposit or damages or to immediately take them into consideration in the monthly bill in so far as Comtravo cedes its claims to payment of the deposit or security deposit to the customer. The customer alone has to prove the service provider that the retention of the deposit or the damages claimed by the service provider are of unjustified nature. Comtravo is not subject to any further obligations concerning this matter.
- If the customer books additional services to the initially booked business travel services (e.g. breakfast, parking lots, etc.) from the service provider Comtravo is entitled to immediately charge the means of payment indicated by the customer towards Comtravo with the additional service.
Art. 9 Delivery of Travel documents
Tickets, vouchers and other documents which are necessary for the use of business travel services of the customer will generally be sent by Comtravo via email or alternatively by the service provider or deposited, unless expressly agreed otherwise with the customer in individual cases.
Art. 10 Rebooking, Cancellation
- If the customer desires to rebook and/or cancel completed and confirmed bookings those have to be carried out by Comtravo. The customer can address respective change or cancellation requests to Comtravo via email or Skype. Comtravo will check the possibility of rebooking and, if possible, submit a rebooking offer to the customer, preferably via email, by indicating, where applicable, any additional costs incurred.
- The possibilities to rebook or cancel already bindingly booked services as well as hereby incurred costs are based mainly on the conditions of the respective service provider; these conditions can be obtained before the booking from the service providers. Comtravo's service team will fully support the customer in case of rebookings or cancellations of completed and confirmed bookings, but has no influence on existing conditions of the respective service providers.
- Fees charged by airlines in case of cancellations can amount up to 100 % of the price of the flight ticket. Under special circumstances, these fees can even be higher when the previously booked tariff class is not available anymore.
- Comtravo is entitled to levy an additional service fee per traveler regarding rebookings or cancellations of certain business travel services (e.g. hotel reservations) whose level has to be agreed upon separately with the customer.
- The customer furthermore authorizes Comtravo to use his personal data relating his flight information to be able to refer at its own discretion to the airline and/or Flightright GmbH and/or comparable companies in case of delays, cancellations or non-utilization of air transportation services in order to assert reimbursement and/or compensation claims. Unless otherwise agreed in each individual case, Comtravo receives a handling fee of 25.00€ plus statutory VAT per case from the customer which will be deducted from the claim enforced by Comtravo in the interest of the customer. Claim hereby means all payments, inclusive default interest, that are made by the airline as from Comtravo's payment request to fulfill the claims of the customer. As far as claims are not fulfilled in cash but in contribution in kind (e.g. flight vouchers), Comtravo nevertheless has a claim to payment of the handling fee in cash against the customer which - unless otherwise agreed between Comtravo and the customer in each individual case - is measured by the value of the contribution in kind. Comtravo's claim against the customer of receipt of the handling fee also exists if the airline makes direct payment to the customer (e.g. by cheque). The customer has no right to claim compensation or reimbursement from Comtravo.
- Provided that the customer is additionally interested in the sale of present and/or future reimbursement or compensation claims to Comtravo, so that Comtravo can claim them on its own behalf, Comtravo gladly provides an offer to purchase receivables and assignment to the customer which is made upon the flight data and other relevant data for asserting reimbursement or compensation claims (e.g. data of fellow traveler) provided by the customer.
Art. 11 Insurances, Entry Regulations and Visa
- Insurances are not included in the stated prices regarding the business travel services.
- Comtravo advises to sign adequate insurances, especially a travel cancellation insurance and/or a substitutional insurance as well as an insurance policy to cover repatriation costs in event of accidents or disease.
- The customer informs himself in an independent manner about passport, visa, foreign exchange control, customs or health regulations of the travel destinations and acquires any necessary documents on time. Provided that Comtravo delivers respective information to the customer, this is an additional and voluntary service that does not release the customer from his responsibilities.
Art. 12 Liability
- In other respects, the extent of Comtravo's liability shall be determined by the merits of the case in accordance with the statutory provisions.
Art. 13 Change of the General Terms and Conditions
- Comtravo is entitled to change the current GTAC for the future at any time. The changed provisions will be sent to the customer at least two months before their date of entry into force.
- The changes will be considered accepted by the customer and become part of the contract if the customer does not contradict them within six weeks after receiving notification of the amendment. In case of contradiction of a customer Comtravo is entitled to declare extraordinary cancellation of the contractual relationship upon prior notice of three months. Comtravo will explicitly indicate the importance of the six-week period to execute contradiction in the change notification. The same applies for the legal consequences of the contradiction and for omitted contradiction.
Art. 14 Jurisdiction, Applicable Law
- The parties agree to solve any conflicts and disputes in good faith without recourse to a court of law before initiating legal proceedings (with the exception of summary proceedings). In case of conflict the customer may contact the Comtravo customer service via the email address firstname.lastname@example.org.
- The exclusive place of jurisdiction for all disputes arising directly and indirectly from the contractual relationship between Comtravo and the customer shall be the court legally responsible for the head office of Comtravo (Berlin).
- The contractual relationships of the parties shall exclusively be governed by the law of the Federal Republic of Germany.
Art. 15 Final provisions
- Any assignment and/or transfer of rights and/or duties by the customer that arises from this agreement requires prior written consent of Comtravo.
- Provided that Comtravo neither asserts a claim against a customer for a violation of the present GTAC by the customer nor asserts other rights, this has no influence on the right of Comtravo to assert the corresponding claims and other rights for a further violation.
- Agreements and other declarations, especially additional oral arrangements, do not exist. Modifications and amendments require written consent of the parties (email sufficient).
- Should any one or more of the provisions of the present GTAC be or become invalid or otherwise unenforceable, the validity of the remaining provisions shall not be affected thereby. The parties shall replace the inoperative provision by an operative one coming as close as possible to the economic purpose and effect intended by them. The same applies for possible regulation gaps.
MTR Travel Technologies GmbH