General terms and conditions
Holiday Extras GmbH
General terms and conditions
Terms and conditions for the arrangement of hotels, parking spaces, airport lounge access and holiday homes as well as rental conditions for parking vehicles in company owned parking spaces
“Holiday Extras” is a trademark of the company HOLIDAY EXTRAS GMBH (for further company details: see contact details at the end of these conditions).
All services are offered via the online shop on the web portals of HOLIDAY EXTRAS GMBH as follows:
I. Service agency:
HOLIDAY EXTRAS GMBH brokers the following services by way of paid agency services in accordance with the following provisions. §§ 675, 631 BGB as a mere service intermediary of third-party service providers:
- Hotel accommodation
- Parking services, if applicable, together with shuttle (transfer) services
- Airport lounge access
- Ferry services
- Transfer services
- and car hire services
HOLIDAY EXTRAS GMBH shall in no case act itself as the service provider responsible for these services - except in the cases of Section III below.
In the context of its activities under Section I, HOLIDAY EXTRAS GMBH is hereinafter referred to by the brand name "Holiday Extras".
In the event of an order between you (hereinafter referred to as the "Customer") and Holiday Extras, the brokerage agreement shall be governed by the terms and conditions of brokerage services set out in Section A below, insofar as this has been effectively agreed.
In addition, the following shall apply insofar as effectively agreed:
- in the case of brokered hotel accommodation and car park bookings (including shuttle transfers, if applicable) and brokered airport lounge access, the General Terms and Conditions of Service of the respective brokered provider (see: https://www.holidayextras.de/terms-and-conditions-supplier.html) with the exception that, with regard to cancellations and rebookings on the part of the Customer in this respect, the following provisions under Section 7 of these terms and conditions of brokerage services shall have priority over the provisions of the general terms and conditions of service of the respective brokered provider.
- for brokered rental cars and ferry transport services, the general terms and conditions of the respective brokered provider shown in the booking section by means of a hyperlink.
- for brokered transfer services, the transfer service conditions governed by Section 9 below, which are hereby agreed for the respective brokered transfer service providers.
II. Insurance brokerage:
HOLIDAY EXTRAS GMBH acts exclusively in an intermediary capacity as a tied insurance agent pursuant to Section 34d (7) of Europ Assistance SA within the scope of the offer of insurance services (exclusive agent).
Also in the context of its activities under this Section II, HOLIDAY EXTRAS GMBH is hereinafter referred to by the brand name "Holiday Extras". In the event of an order placed, a brokerage agreement is concluded between you and Holiday Extras. With regard to the insurance services arranged by Holiday Extras, the general terms and conditions of insurance of the brokered insurer shown in the booking section via hyperlink shall apply.
III. Own parking services:
Finally, the company Holiday Extras GmbH offers parking services as its own contractual services under the name Airparks at the Frankfurt Lärchenstrasse location.
In the following, HOLIDAY EXTRAS GMBH is referred to under the brand name "Airparks" within the scope of its activities in accordance with this Section III.
Insofar as parking services and/or shuttle services are accordingly not brokered by Holiday Extras GmbH, but are offered under the Airparks brand at the Frankfurt Lärchenstrasse location as Holiday Extras GmbH's own services, the contractual terms and conditions for parking services in Section B shall apply insofar as effectively agreed.
Please read the respective conditions carefully before making your booking.
Section A. Terms and conditions of brokerage services
1. Position of Holiday Extras, scope of these terms and conditions of brokerage services
1.1 Holiday Extras, as the legal representative of the respective provider of the brokered service (accommodation, parking, shuttle), brokers a contract between the customer and the hotel, or the lounge operator, the rental car provider, the ferry company, the transfer service provider or the parking operator, hereinafter uniformly referred to as "provider".
1.2. Holiday Extras therefore only has the position of a broker. With regard to the booked and arranged service, it is not the contractual partner of the customer obliged to provide the service. In particular, it is not a tour operator within the meaning of §§ 651a-m of the German Civil Code (BGB). This does not apply insofar as Holiday Extras, in accordance with the principles of § 651a, para. 2, BGB and the corresponding principles of case law, gives the appearance of providing contractually provided services as its own services.
1.3. The above provisions do not affect the liability of Holiday Extras as an intermediary.
1.4. The provisions on the position of Holiday Extras as a broker also do not apply, insofar as it is contractually agreed that Holiday Extras provides parking services or shuttle services as its own services. In this respect, reference is made to the provisions in Section B.
2 Applicable regulations
2.1. The entire legal and contractual relationship between the customer and Holiday Extras shall be governed by this brokerage agreement, to the extent this is effectively concluded, primarily by these terms and conditions of brokerage services, or alternatively by the terms and conditions covering the provision of services in return for payment in §§ 675, 631 et seq. BGB and otherwise exclusively German law shall apply.
2.2. The legal and contractual relationship between the client and the intermediary provider shall be governed by the terms and conditions of the brokered provider, insofar as these have been legally agreed between the brokered provider and the customer, or, with regard to transfer services, by the transfer service terms and conditions set out in Section 9, which are agreed for the respective intermediary transfer service provider, and otherwise by the statutory provisions applicable to the corresponding contractual and legal relationship.
2.3. These terms and conditions of brokerage services, as well as German statutory provisions shall not apply insofar as international agreements or EU regulations applicable to the contractual relationship with the customer contain mandatory deviating provisions or insofar as, pursuant to such provisions, the customer who is a national of a member state of the EU may invoke provisions of his country of residence that are more favourable to him.
3 Conclusion of the brokerage agreement and conclusion of the contract with the provider of the brokered service, liability of the booking person
3.1. The following shall apply to all booking channels: a) The customer shall be as liable for the contractual obligations of all other persons arising from the brokerage agreement and from the contract with the provider of the respective service as for his own obligations, insofar as he has assumed this joint liability by means of an express and separate declaration. b) If the booking is made by a legal entity with legal capacity under private or public law (company, association, authority, etc.), then, insofar as the booking is not made expressly as the legal representative of one or more specific natural persons, the contracting party to the brokerage agreement contract and the brokered contract shall be exclusively the respective legal entity.
3.2. The following applies to bookings made verbally (e.g. in a travel agency), by telephone, in writing, by email or by fax: a) With the acceptance of the booking order (brokerage order) by Holiday Extras, a brokerage agreement is concluded between the customer and Holiday Extras. The issuing of the booking/brokerage order by the customer, as well as the acceptance of the booking/brokerage order by Holiday Extras do not require a certain form. b) The customer is bound to his brokerage order in the form in which Holiday Extras has accepted his contractual offer to the provider of the respective service as representative and receiving agent of the respective provider. c) With the acceptance of his booking/brokerage order by Holiday Extras, the customer therefore submits a legally binding offer to the respective provider to conclude the contract for the service in question. The customer is bound to this offer as well as the corresponding mediation order for three working days, insofar as another binding period is not expressly agreed within the framework of the booking order. d) If the booking confirmation, which Holiday Extras sends to the customer as an agent on behalf of the respective supplier, deviates from the booking/brokerage order of the customer, a new offer of the respective supplier thus exists. The respective provider is bound to this new offer for a period of ten days. The contract is concluded on the basis of this new offer insofar as the customer accepts the offer by express declaration, by making a down payment, and/or payment of the balance, or by making use of the service.
3.3. In the case of bookings made without individual communication via an online booking procedure (e-commerce contract), the following applies to the conclusion of the contract: a) The process of online booking is explained to the customer on the corresponding Holiday Extras website. b) The customer has a corresponding correction option available for correcting his entries, deleting or resetting the entire online booking form, the use of which is explained. c) The contract languages specified for the execution of the online booking are indicated. Legally, only the German language is authoritative. d) Insofar as the text of the contract is stored by Holiday Extras in the online booking system, the traveller will be informed of this storage and the possibility of retrieving the text of the contract at a later date. e) By pressing the "confirm booking" button, the customer gives Holiday Extras the binding mediation order. The customer is bound to his brokerage order in the form that Holiday Extras accepts his offer of contract, contained in the booking, to the provider of the respective service as representative and receiving agent of the respective provider. f) The receipt of his booking and brokerage order will be confirmed to the customer electronically without delay. g) The issuing of the booking and brokerage order by pressing the "confirm booking" button does not constitute a claim of the customer to the conclusion of a contract with the respective provider. Instead, the supplier is free in its decision to accept the contract offer of the customer or not. h) The contract comes into effect through the receipt of the booking confirmation, which Holiday Extras transmits to the customer as a broker and intermediary on behalf of the respective supplier. i) If the booking confirmation is made immediately after pressing the "confirm booking" button and the booking and brokerage order are thereby placed by immediate display of this booking confirmation on the screen (booking in real time), the contract with the respective supplier comes into effect with the receipt and display of this booking confirmation on the customer's screen, without the need for an intermediate notification of the receipt of his booking according to f). In this case, the customer is offered the option of saving and printing the booking confirmation. However, the binding nature of the contract with the respective provider is not dependent on the customer using these options for storage or printing. Holiday Extras will additionally send the customer a copy of the booking confirmation by email, email attachment, post or fax.
3.4. Holiday Extras points out that according to the legal regulations (§ 312g para. 2 sentence 1 no. 5 & 9 BGB) no revocation is possible for contracts on passenger transport as well as on travel services according to § 651a BGB (package travel contracts and contracts to which §§ 651a et seq. BGB are applied analogously), which were concluded remotely (letters, catalogues, telephone calls, faxes, emails, text messages as well as broadcasting and telemedia), there is no right of withdrawal but only the statutory rights of withdrawal and termination, in particular the right of withdrawal according to § 651i BGB for package tours. However, there is a right of withdrawal if the contract for travel services has been concluded outside business premises in accordance with Section 651a, unless the verbal negotiations on which the conclusion of the contract is based have been conducted at the consumer's prior order; in the latter case, there is also no right of withdrawal.
4 General contractual obligations of Holiday Extras
4.1. Holiday Extras acts as an intermediary but does not have the status of a travel agency. Accordingly, Holiday Extras is under no obligation to provide advice, clarification or other information, measures or procurements regarding entry and visa regulations, health regulations, travel insurance, performance and creditworthiness of the brokered suppliers.
4.2. The contractual service obligation of Holiday Extras consists, in accordance with these terms and conditions of brokerage services, in the performance of the actions necessary for the execution of the intermediary order in accordance with the booking order of the customer, as well as the processing of the booking, in particular the handover of the travel documents, insofar as these are not sent directly to the customer in accordance with the agreement made with the respective agency.
4.3. When providing advice and information on the arranged services themselves, Holiday Extras is liable within the framework of the law and the contractual agreements for the correct selection of the source of information and correctly passing this on to the customer. An information contract with a main contractual obligation to provide information only comes into existence if there is an express agreement to this effect. Holiday Extras is only liable for the correctness of information provided, irrespective of the responsibility resulting from a contractual relationship, a tortious act or any other legal provision pursuant to § 675 (2) BGB, if and to the extent that a special information contract has been concluded.
5 Payment
5.1. Holiday Extras, irrespective of its activity as collection agent of the supplier, is entitled to a direct claim for payment of the price of the arranged services against the customer on the basis of the legal provisions on agency agreements (§§ 669, 670 BGB).
5.2. Holiday Extras is accordingly entitled to advance payments in accordance with the travel and payment conditions of the intermediary companies, insofar as these have been effectively agreed and contain legally effective deposit provisions. Holiday Extras can collect further advance payments in compliance with the legal provisions, in particular § 651 k BGB (obligation to secure customer money in the case of package tours), if an express agreement has been made in this respect.
5.3. Travel agencies commissioned and used by the customer are only authorised to collect the payments to be made by the customer to Holiday Extras if this payment option is expressly stated in the booking confirmation.
5.4. Credit card payments are only possible if this is expressly agreed. The same applies to payment by bank transfer. Insofar as payment by credit card or direct debit has been agreed, Holiday Extras is authorised to make the corresponding collection immediately after issuing the booking confirmation.
5.5. The timeliness of payments is determined by the date on which the amount is credited to the Holiday Extras account. If the payment due is not made by the customer, in particular if the credit card cannot be debited, objections from the bank in the event of direct debit, chargebacks initiated by the customer himself or for other reasons for which the customer is responsible, although Holiday Extras has properly provided its intermediary services and the mediated providers for the provision are ready and able to perform their contractual services and without the customer having a legal or contractual right of retention, Holiday Extras is entitled, after a reminder with a deadline, to declare its withdrawal from the respective contract on behalf of and with the authority of the respective provider and to notify the customer on their behalf and to charge cancellation costs in accordance with Section 7 of these conditions on behalf of the provider and as their collection agent.
5.6. The customer cannot counter the payment claim of Holiday Extras against the brokered supplier, in particular due to defective fulfilment of the brokered contract, by way of retention or set-off, unless a culpable violation of contractual obligations by Holiday Extras has become causal or contributory for the emergence of such claims, or Holiday Extras is directly liable to the customer for the asserted counterclaims for other reasons.
6 Travel documents
6.1. The customer is obliged to check the contractual and travel documents handed over to the customer by Holiday Extras, in particular booking confirmations, hotel vouchers, lounge tickets, transfer vouchers, parking permits, entry tickets and other travel documents for correctness and completeness, in particular for conformity with the booking and the agency order.
6.2. The customer is obliged to inform Holiday Extras immediately of any errors, discrepancies, missing documents or other inconsistencies that are recognisable to the customer. If the customer does not comply with this obligation, an obligation to pay damages on the part of Holiday Extras with regard to a loss incurred by the customer as a result may be limited or completely excluded in accordance with the statutory provisions on the duty to mitigate loss (§ 254 BGB).
7 Cancellation and rebooking of hotel, lounge and parking bookings
7.1. The providers of hotel, lounge and parking bookings arranged by Holiday Extras grant the customer a contractual right of withdrawal in accordance with the following provisions. Cancellations of arranged services can be made in writing, by email, by fax, online, via the travel agency hired by the customer with CRS, by telephone or in person. Decisive for the time at which the cancellation becomes effective is the receipt of the declaration by Holiday Extras (HOLIDAY EXTRAS GMBH). In the event of cancellation prior to the booked day of service, the following lump-sum compensation shall be paid to Holiday Extras as the collecting agent of the respective brokered provider.
The calculation of the cancellation fees is based on the respective tariff of the service provider booked by the customer and is as follows:
a) Bookings that can be cancelled free of charge:
Insofar as the customer has booked the brokered service as part of a product that can be cancelled free of charge up to the previous day the following applies:
- Changes to hotel, lounge or parking services (changes to the type of service, date, location and time) are possible free of charge at any time up to 11:59 p.m. on the previous day.
- If hotel, lounge or parking services are not used without prior cancellation or rebooking (no show), the entire service price will be retained as cancellation compensation by the service provider. In any case, the customer is at liberty to prove that the service provider arranged by Holiday Extras has incurred no damage at all or significantly less damage than the aforementioned cancellation fee. Any (partial) reimbursement of the booked service price by way of payment is excluded in this case if the respective customer booking was made by redeeming a voucher. In this case, Holiday Extras is authorised by the service provider to issue a voucher for the corresponding value. This voucher is issued by Holiday Extras as a means of payment and can be redeemed at Holiday Extras at any time within the standard limitation period for the booking of parking spaces, hotels and lounges arranged by Holiday Extras.
- In the event of cancellation of a hotel service on the booked day of service, Holiday Extras is commissioned by the arranged service provider and entitled to retain cancellation fees to the value of 80% of the booking value of the arranged hotel service (excluding add-ons), and to refund the difference of 20% to the customer. However, such partial reimbursement by way of payment is excluded if the respective customer booking was made in whole or in part by redeeming a voucher. In this case, Holiday Extras is authorised by the service provider to issue a voucher for the corresponding value. This voucher is issued by Holiday Extras as a means of payment and can be redeemed at Holiday Extras at any time within the standard limitation period for the booking of parking spaces, hotels and lounges arranged by Holiday Extras.
- In the event of cancellation of a lounge or parking service on the booked day of service, Holiday Extras is commissioned and entitled by the arranged service provider to retain cancellation fees to the value of 50% of the booking value of the arranged lounge or parking service (excluding add-ons), and to refund the difference of 50% to the customer. However, such partial reimbursement by way of payment is excluded if the respective customer booking was made in whole or in part by redeeming a voucher. In this case, Holiday Extras is authorised by the service provider to issue a voucher for the corresponding value. This voucher is issued by Holiday Extras as a means of payment and can be redeemed at Holiday Extras at any time within the standard limitation period for the booking of parking spaces, hotels and lounges arranged by Holiday Extras.
- In the event of cancellation of hotel, lounge or parking services by 11.59 p.m. on the previous day, Holiday Extras is instructed and entitled by the arranged service provider to refund the full booking value of the cancelled arranged service (excluding add-ons). However, such a reimbursement of the booked service price by way of payment is excluded if the respective customer booking was made in whole or in part by redeeming a voucher. In this case, Holiday Extras is authorised by the service provider to issue a voucher for the corresponding value. This voucher is issued by Holiday Extras as a means of payment and can be redeemed at Holiday Extras at any time within the standard limitation period for the booking of parking spaces, hotels and lounges arranged by Holiday Extras.
b) Saver fare bookings
Insofar as the customer has booked the brokered service within the scope of a saver fare, the following applies:
- Changes to hotel, lounge or parking services (changes to the type of service, date, location and time) are not possible.
- Cancellations of hotel, lounge or parking services shall be made in accordance with the above conditions of the tariff that can be cancelled free of charge up to the day before in accordance with. Section 7.1 a) aa).
c) Non-cancellable bookings
Insofar as the customer has booked the brokered service within the scope of a non-cancellable tariff the following applies:
- Changes to hotel, lounge or parking services (changes to the type of service, date, location and time) are not possible.
- In the event of cancellation of hotel, lounge or parking services, irrespective of the time of cancellation, the entire service price will be retained as cancellation compensation by the arranged service provider. In any case, the customer is at liberty to prove that the service provider arranged by Holiday Extras has incurred no damage at all or significantly less damage than the aforementioned cancellation fee.
8 Obligations of Holiday Extras in case of complaints of the customer against the brokered providers
8.1. In the event of complaints or other assertion of claims against the brokered providers, the obligation of Holiday Extras is limited to the provision of all information and documents which are of importance to the customer for this purpose, in particular the communication of names and addresses of the booked providers.
8.2. There is no obligation on the part of Holiday Extras to receive and/or forward corresponding declarations or documents.
8.3. With regard to any claims of the customer against the brokered providers, Holiday Extras is likewise not obliged to advise on the type, scope, amount, claim requirements and deadlines to be observed or other legal provisions.
9 Terms and conditions of service for brokered transfer services
9.1 Scope of application / position of the transfer service provider as contractual partner
The following terms and conditions of service of this Section 9 apply to transfer services of customers and baggage, which are agreed for the respective arranged transfer service providers. In all other respects, the statutory provisions of the law on contracts for work and services pursuant to §§ 631 et seq. BGB shall apply. The sole contractual partner of the customer responsible for the service is the transfer service provider brokered by HOLIDAY EXTRAS.
9.2. Use of transfer services
9.2.1 The use of transfer services is only possible if a valid booking has been issued in the passenger's name and for a specific route at a specific time. As proof of the booking, the HOLIDAY EXTRAS voucher must be available as a printout or on a mobile device when starting the transfer services and customers must be able to identify themselves.
9.2.2 The acquired transfer services are not transferable. However, if the transfer service is used by someone other than the person entitled to transport or reimbursement, the transfer service provider shall not be liable to the person entitled to transport or reimbursement.
9.3 Withdrawal (cancellation) and rebooking
9.3.1 Transfer services can be cancelled free of charge at any time up to 72 hours before the day of the booked start of service.
9.3.2. In the event of cancellation by the customer at a later date or in the event of total or partial non-utilisation of the booked transfer services without prior cancellation or rebooking (no show), the entire transfer service price shall be retained as a cancellation fee by the brokered transfer service provider. In any case, the customer is at liberty to prove that the brokered transfer service provider has incurred no damage at all or significantly less damage than the aforementioned cancellation fee.
9.3.3 After conclusion of the contract, the customer shall have no claim to changes in the transfer services, such as with regard to the transfer date, the transfer destination, the place of commencement of the service or other service components (rebooking). Requests for changes on the part of the customer, insofar as their implementation is possible at all, can only be implemented after withdrawal from the transfer service contract in accordance with Section 9.3.1 and 9.3.2 under the conditions stated therein and simultaneous new registration. This does not apply to change requests that cause only minor changes, such as changed flight times or numbers or a different mobile phone number of the customer.
9.4. Service times
9.4.1 Insignificant changes to the departure time that take effect after conclusion of the contract and were not brought about by the transfer service provider contrary to good faith do not entitle the customer to assert claims for compensation. Deviations of up to 90 minutes are considered insignificant.
9.4.2. The customer must arrive in good time, i.e. at the latest at the time determined by the transfer service provider and communicated by HOLIDAY EXTRAS within the scope of the booking confirmation and the voucher, at the check-in or boarding point determined by the transport company.
9.4.3. If the customer does not show up on time, is unable to provide proof of booking or identification, the transfer service provider may refuse to transport the customer. The transfer service provider shall not be liable to the customer for any damage or expenses arising from the customer's failure to comply with these provisions.
9.5 Obligations of the customer
9.5.1. For their own safety, customers should remain in their seats during the journey. If seat belts are available, all customers are required to wear them.
9.5.2. Instructions from the driver or other personnel must be followed without fail during transportation. The transfer service provider's driving and service staff are authorised to exclude from carriage persons who are obviously drunk or under the influence of other drugs. The same applies to customers who, for other reasons, endanger their own safety or that of other customers or who have a strong negative impact on the well-being of other customers. In this case, there is no entitlement to alternative transport.
9.5.3. Smoking is not permitted in the transfer vehicle. Food and drink may only be consumed if this does not inconvenience other customers and does not contaminate or damage the transfer vehicle.
9.5.4. The transfer service provider is entitled to demand payment of a flat-rate cleaning fee of EUR 50 from customers who intentionally or negligently cause soiling of the transfer vehicle, unless the customer proves that no damage has been incurred or that the damage is significantly lower. If the cleaning is demonstrably more costly, the transfer service provider may demand higher compensation for the damage.
9.6. Carriage of children and minors
9.6.1. Minors under the age of 16 travelling alone are not entitled to transfer services. They will only be admitted in the company of a person of full legal age who is entitled to custody. Declarations of consent by custodians who are not accepted as passengers at the same time as the child, in whatever form, do not entitle the unaccompanied minor to be accepted.
9.6.2 The transfer service provider does not assume any supervisory duty towards minors over 16 years of age travelling alone.
9.6.3. Babies and small children require their own seat reservation.
9.6.4.1 Babies up to approximately 13 kg body weight or up to one and a half years of age may only be transported in a suitable baby seat.
9.6.4.2 Infants weighing up to approximately 18 kg or up to 4 years of age must be transported in an age-appropriate child seat.
9.6.4.3 Children up to the age of 12 with a height of less than 150 cm require a booster seat.
9.6.5. Baby seats, toddler seats and any booster seats required must be brought by the customer, unless expressly agreed otherwise.
9.7. Transport of disabled persons and persons with reduced mobility
9.7.1 Due to the design of the vehicles and the infrastructure at the embarkation and disembarkation points, it is not always possible to support the embarkation, disembarkation or transport of a person with reduced mobility in a safe and operationally feasible manner. Passengers must therefore always be able to get on and off the transfer vehicle and reach their seat independently, unless expressly assured otherwise in individual cases.
9.7.2 The transfer service provider shall make every effort to accept passengers with health impairments, disabilities or mobility restrictions for carriage if there are appropriate opportunities and if they are actually available. However, HOLIDAY EXTRAS, as the intermediary of the transfer service providers, urgently requests that precise information on the type and extent of existing disabilities, health impairments or mobility restrictions be provided when booking, so that it can be checked whether transport by the respective transfer service provider is possible and the booking can be confirmed. There is no obligation on the part of the customer to provide corresponding information. However, should the customer not wish to provide corresponding information, in the event of confirmation and implementation of the transfer service booking, there is no obligation to accept liability, either on the part of Holiday Extras as the service agent or on the part of the transfer service provider, for impairments which result for the guest from circumstances which are not known or not recognisable.
9.7.3 Wheelchairs may only be transported if they are foldable and can be stowed in the luggage compartment of the transfer vehicle.
9.8. Luggage transport
9.8.1. Each customer is allowed one piece of luggage weighing a maximum of 23 kg and one piece of luggage weighing a maximum of 8 kg as hand luggage. Hand luggage may not exceed 50 x 30 x 20 cm. Otherwise, it shall be carried in the luggage compartment.
9.8.2. Customers are strongly advised to carry personal documents, medication, valuables, mobile phone and laptop in the passenger compartment. In addition to the hand luggage, one additional piece of luggage (max. 30 x 40 x 10 cm, e.g. handbag, laptop bag), one baby carrier or one child car seat or one foldable pram / buggy and wheelchairs / mobility aids (see Section 9.7.3.) may be carried per accompanying child.
9.8.3. Luggage or larger items such as prams / pushchairs or wheelchairs / larger mobility aids must not be transported in the passenger compartment, but must be stowed in the luggage compartment. Items must be suitably packed to protect them against soiling or damage.
9.8.4. Additional baggage items, and excess, special or bulky baggage will only be carried if this baggage has been declared and confirmed for carriage. The confirmation must be presented to the driver before the start of the journey.
9.8.6. Luggage that does not meet general security requirements may be excluded from carriage by the transfer service provider.
9.9 Transport of animals
9.9.1. The carriage of animals is generally not possible. As an exception, a dog or cat may be transported in a box (maximum dimensions: 55 x 40 x 23 cm, waterproof, bite-resistant) in the passenger compartment (max. animal weight + box: 8 kilograms) if this is expressly agreed and a corresponding confirmation from the transfer service provider is available. The confirmation must be presented to the driver before the start of the journey. The transport of larger or heavier animals or boxes is not possible, either in the passenger compartment or the luggage compartment
9.10. Liability of the transfer service provider
9.10.1. The transfer service provider shall be liable without limitation insofar as
- the damage results from the breach of a material obligation of the transfer service provider or its vicarious agents, the fulfilment of which is a prerequisite for the proper performance of the contract or the breach of which jeopardises the achievement of the purpose of the contract, or
- the damage results in injury to the life, body or health of the customer.
In all other respects, the liability of the transfer service provider for indirect or consequential damage is excluded and the liability for other damage is limited to such damage caused by the transfer service provider or its vicarious agents intentionally or through gross negligence. The liability shall in no case exceed the amount of the proven damage.
9.10.2. For performance disruptions due to force majeure or unavoidable extraordinary circumstances such as war or war-like events, hostilities, insurrection or civil war, seizure or obstruction by state authorities or other persons, road blockades, quarantine measures or strikes, lockouts or work stoppages for which the transfer service provider is not responsible, the liability of the transfer service provider is excluded.
9.10.2. The transfer service provider shall be liable for each case of damage without prejudice to its unlimited liability pursuant to Section 9.10.1 for
- damage to items of luggage up to a maximum amount of EUR 1,200.00 per item of luggage; and
- damage to items that are not luggage, up to an amount of EUR 1,000.00 per passenger; and
- damage to wheelchairs and other mobility aids or assistive devices up to the replacement value or repair cost of the lost or damaged equipment.
9.10.3. Deviations from estimated journey times due to traffic obstructions, operational disruptions or interruptions not caused by the transfer service provider or its vicarious agents do not constitute grounds for compensation claims by passengers.
9.10.4. Otherwise, the contractual liability of the transfer service provider is limited to three times the price of the transfer service, without prejudice to its unlimited liability pursuant to Section 9.10.1.
9.10.5. The costs of substitute transport in the event of, for example, a considerable delay or cancellation will only be reimbursed if comparable alternative transport has been chosen within the bounds of what is reasonable.
9.10.6. Carried baggage must be inspected for damage immediately after it is returned or removed from the luggage compartment. If damage is discovered, it must be reported immediately to the transfer service provider's driving personnel. Subsequent written notification must be made within seven days of the end of the transfer. In the case of subsequent reporting, it must be proven that the irregularity occurred during the transfer.
9.10.7. If items (in the luggage) of a customer cause damage to the luggage of another customer or to the property of the transfer service provider, the customer shall compensate the transfer service provider for all damage and expenses incurred as a result.
9.10.8. No liability is accepted for items left in the transfer vehicle.
10 Liability of Holiday Extras
10.1. The liability of Holiday Extras from the brokerage contract for damages from injury to life, body or health, which are based on an intentional or negligent breach of duty by Holiday Extras or an intentional or negligent breach of duty by a legal representative or vicarious agent of Holiday Extras, is not limited.
10.2. To the extent that Holiday Extras has not assumed a corresponding contractual obligation by explicit agreement with the customer, it is not liable for the conclusion of contracts with the brokered providers which correspond to the booking request of the customer.
10.3. Insofar as Holiday Extras does not appear to provide contractually agreed services as its own services in accordance with the principles of § 651 a para. 2 BGB and the corresponding principles of case law, and is therefore exclusively an intermediary for the booked services, Holiday Extras is not liable for the provision of services, for service failures, for defects in the services and also for personal injury or damage to property, unless a breach of its own contractual or statutory obligations by Holiday Extras has become the cause or contributory cause of the occurrence of damage. This does not affect the contractual and legal liability of Holiday Extras as intermediary, insofar as Holiday Extras provides parking and/or shuttle services as its own service on the basis of corresponding contractual agreements.
11 Limitation period
11.1. Claims of the customer from the brokerage contract which are based on injury to life, body or health, including contractual claims for compensation for pain and suffering, which are based on a negligent breach of duty by Holiday Extras or an intentional or negligent breach of duty by a legal representative or vicarious agent of Holiday Extras, are subject to a limitation period of three years. This also applies to claims for compensation for other damages which are based on a grossly negligent breach of duty by Holiday Extras or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Holiday Extras.
11.2. All other claims arising from the brokerage contract are subject to a limitation period of one year.
11.3. The limitation period according to clauses 11.1 and 11.2 begins at the end of the year in which the claim arose and the customer becomes aware of the circumstances giving rise to the claim against Holiday Extras as the party asserting the claim or should have become aware without gross negligence.
11.4. If negotiations between the customer and Holiday Extras about asserted claims or the circumstances justifying the claim are pending, the limitation period is suspended until the customer or Holiday Extras refuses to continue the negotiations. The limitation period shall commence at the earliest 3 months after the end of the suspension.
12 Alternative dispute resolution
With regard to the Consumer Dispute Resolution Act, Holiday Extras hereby informs you that Holiday Extras will not participate in a voluntary consumer dispute resolution procedure. Holiday Extras will inform the consumer in an appropriate manner if and to the extent participation in a consumer dispute resolution procedure were to become obligatory for Holiday Extras following the print date of these terms and conditions of brokerage services. Holiday Extras refers you to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ in the case of all contracts concluded by means of an electronic legal transaction.
Section B. Contractual conditions for parking and shuttle services under the "Airparks" brand
1 Position of Airparks, applicable legislation
1.1. Airparks provides parking services as its own contractual services only at the Frankfurt Lärchenstrasse location. With regard to parking services at all other locations, Airparks is merely an intermediary. In this respect, the terms and conditions of brokerage services in Section A shall apply to the brokerage of parking services at the other locations, insofar as effectively agreed.
1.2. For contracts for parking services which Airparks provides at the Frankfurt Lärchenstrasse location as its own contractual services, the entire contractual and legal relationship between the customer and Airparks shall, insofar as effectively agreed, be governed first and foremost by these contractual conditions for parking services, or alternatively by the rental contract law of §§ 535 et seq. BGB and otherwise exclusively German law shall apply.
1.3. These contractual conditions for parking services as well as German statutory provisions shall not apply insofar as applicable international agreements or EU regulations contain mandatory deviating provisions applicable to the contractual relationship, or insofar as, pursuant to such regulations, the Customer who is a national of a Member State of the EU may invoke more favourable provisions of his country of residence.
1.4. Airparks has the position of a lessor insofar as the provision of parking services by Airparks has been expressly agreed as a contractual service offered by Airparks and accordingly, Airparks does not act as an intermediary for the parking services.
2 Conclusion of contract
2.1. The following shall apply to all booking channels: a) Only the contracting customer shall be the contractual partner as the lessee and thus liable for payment with regard to all parking services, also insofar as parking contracts are booked for several cars, unless and insofar as the customer expressly acts as the representative of other persons when making the booking. b) In the event of such representation, the customer shall be liable for the contractual obligations of all other persons arising from the contract for the parking services as for their own obligations, insofar as the customer has assumed this joint liability by means of an express and separate declaration. c) If the booking is made by a legal entity with legal capacity under private or public law (company, association, public authority, etc.), then, unless the booking is made expressly as the legal representative of one or more specific natural persons, the contracting party to the contract for the parking services shall be exclusively the respective legal entity.
2.2. The following shall apply to a booking made verbally (e.g. in a travel agency), by telephone, in writing, by email or by fax: a) By making a booking, the customer offers Airparks the binding conclusion of a contract for the car park services on the basis of these contractual conditions, as well as all information about the car park, its use, accessibility, opening hours and other information, insofar as this is available to the customer at the time of booking. The customer shall be bound by his contractual offer for 3 working days. b) The contract shall be legally binding if the customer receives the booking confirmation from Airparks within the binding period. c) The booking confirmation does not require any particular form, and can therefore be made by telephone, email, fax or in writing. In the case of telephone bookings, Airparks will normally issue a written confirmation in addition to the binding telephone booking confirmation. However, this serves exclusively to document the telephone booking; the legal validity of the binding contract concluded by telephone for the parking service is not dependent on the receipt of this supplementary written confirmation. d) If the booking confirmation from Airparks deviates from the customer's booking, a new offer from Airparks shall be deemed to exist. Airparks is bound to this new offer for a period of ten days. The contract is concluded on the basis of this new offer insofar as the customer accepts the offer by express declaration, by making a down payment and/or payment of the balance, or by making use of the service.
2.3. In the case of bookings made without individual communication via an online booking procedure (e-commerce contract), the following applies to the conclusion of the contract: a) The process of online booking is explained to the customer on the corresponding Airparks website. b) The customer has a corresponding correction option available for correcting his entries, deleting or resetting the entire online booking form, the use of which is explained. c) The contract languages specified for the execution of the online booking are indicated. Only the German language is legally authoritative. d) Insofar as the text of the contract is stored by Airparks in the online booking system, the traveller shall be informed of this storage and the possibility of retrieving the text of the contract at a later date. e) By pressing the "confirm booking" button, the customer offers Airparks the binding conclusion of a contract for the parking services on the basis of these contractual conditions, as well as all information about the parking facility, its use, accessibility, opening hours and other information, insofar as this is displayed to the customer at the time of booking. The customer is bound to his contract offer for 3 working days. f) The customer will receive electronic confirmation of the receipt of his booking without delay. g) The making of the booking by pressing the "confirm booking" button does not constitute a claim of the customer to the conclusion of a contract for the parking services. Instead, Airparks is free to decide whether or not to accept the customer's offer to enter into a contract. h) The contract shall be concluded upon receipt of the booking confirmation, which Airparks shall send to the customer by email, fax, in writing or by telephone. i) If the booking confirmation is made immediately after the "book with obligation to pay" button has been pressed and the booking thereby made binding by means of immediate display of this booking confirmation on the screen (booking in real time), the contract with Airparks shall come into effect upon receipt and display of this booking confirmation by the customer on his screen, without the need for any intermediate notification of receipt of his booking in accordance with f). In this case, the customer is offered the option of saving and printing the booking confirmation. However, the binding nature of the contract with Airparks is not dependent on the customer using these options for storage or printing. Airparks will additionally send the customer a copy of the booking confirmation by email, email attachment, post or fax.
2.4. Right of cancellation: in the case of contracts for parking services under the Airparks brand with distance selling, the customer, insofar as he is a consumer, is entitled to a right of cancellation in accordance with the statutory provisions. Reference is made to the following cancellation policy, which can also be called up under the link "Information on the Right of Cancellation".
3 Airparks services
3.1. The contractually-owed service of Airparks consists of the provision of the parking space for the agreed contractual period in accordance with these contractual conditions and all information and explanations available to the customer at the time of booking, as well as the regulations for use of the parking facility.
3.2. A specific space or a specific quality or location of the space is only contractually owed if this has been expressly agreed.
3.3. Guarding, monitoring, safekeeping and the provision of insurance cover are not part of Airparks' contractual services. Even if staff are present in the car park or it is monitored with optical electronic equipment (video surveillance), this does not imply any assumption of care or liability, in particular for theft or damage.
3.4. Unless expressly agreed otherwise with Airparks, the suitability of the contractually owed parking space is limited to vehicles with a vehicle height of max. 1.90 m and a vehicle width of max. 2 m.
4 Obligations of the customer
4.1. By entering the car park, the customer warrants that the driver is in possession of the required driving licence and that the vehicle has the legally required insurance cover until it leaves the premises. Upon request, Airparks, its employees and vicarious agents shall be presented with the driving licence and vehicle registration document. Airparks, or the operator of the car park or its agents, may demand proof of sufficient insurance cover before and after granting access, in the event there is reasonable doubt as to whether the insurance cover is adequate, or in the event of accidents or damage. If appropriate evidence cannot be provided, Airparks, the operator of the car park or its agents are entitled to refuse to fulfil the contract and to refuse access to the car park. In such cases, the customer shall not be entitled to a refund or compensation unless he provides the evidence expressly reserved for him that the refusal to perform was not justified.
4.2. The regulations of the Road Traffic Act (StVO) apply on the company premises. The customer must observe the regulations specified by the traffic routing.
4.3. Every customer and his agents must behave in such a way that hazards and damage to third parties are excluded. The instructions of Airparks, its employees or vicarious agents must be followed.
4.4. The customer shall park his vehicle within the designated markings in such a way that unhindered access in and out of the adjacent parking spaces is possible at all times. Insofar as a specific parking space is allocated to the customer, the customer is obliged to park his vehicle properly (within the boundary) exclusively in the parking space provided. If the customer intentionally or negligently is in breach of the requirement to park his vehicle in the assigned parking space (in particular if the vehicle is parked in an obstructive manner, if it is parked in a parking space designated as a disabled parking space, unless this has been expressly assigned to the customer; if the agreed/booked parking period is exceeded), Airparks shall be entitled to move the incorrectly parked vehicle to the assigned parking space by taking appropriate measures at the customer's expense as a last resort or, if necessary, to have the vehicle moved or towed away at the customer's expense if no less severe means are available. The customer is free to provide proof that no damage or less damage than invoiced by Airparks was caused by the measures.
4.5. The premises and its facilities are to be treated with care and in an appropriate manner. In the event of damage to the car park or its facilities, for which the customer is responsible, the costs duly incurred as a result of the customer's actions shall be charged to the customer after the damage is repaired. The customer may prove to Airparks that no damage or less damage than claimed has been incurred.
4.6. The customer is prohibited from carrying out major repairs on the company premises (exception: by authorised breakdown emergency services), washing or cleaning vehicles, draining cooling water, fuels or oils, or disposing of rubbish in the vehicle on the company premises. Any such contamination for which the customer is responsible must be removed immediately and properly by the customer. In the event of infringements for which the customer is responsible, or for which the customer is responsible as a disrupting party without fault, Airparks shall be entitled to remedy such infringements at the customer's expense. In the event of soil or groundwater contamination, removal must be carried out by an authorised specialist company at the customer's expense. In such cases, the customer has no right to perform the work himself, unless he can prove a corresponding professional qualification.
4.7. It is not permitted to stay on the company premises for purposes other than vehicle drop off and collection, loading and unloading, or during any waiting times for transport to the airport or cruise port. The instructions of Airparks, its employees or vicarious agents must also be followed in such cases.
5 Handover of the parking space, obligations of the customer (notification of defects) and termination, preclusion period
5.1. The parking space shall be deemed to have been properly handed over if the customer fails to bring any complaints to Airparks' attention immediately.
5.2. The customer is obliged to immediately report any malfunctions or defects in the services provided by Airparks to the office designated for this purpose, or to the staff of the car park if no express indication to this effect is given, and to demand remedial action. If the customer culpably fails to notify Airparks of a defect, a claim for reduction of the contractually agreed fee or compensation for damages shall not arise.
5.3. The Customer is obliged to report obvious damage to the staff responsible for the parking facility before the customer leaves the parking facility and to give the staff the opportunity to inspect the vehicle, and if necessary, to be contacted via the emergency call system. If this is not possible or not reasonable for the customer, in exceptional cases, the notification must be made in writing to Airparks at the address of Holiday Extras GmbH given below, no later than 14 days after the damage has occurred. In the case of damage that is not obvious, notification must be made in writing within 14 days of discovery of the damage. If the customer violates his duty of disclosure, all claims for damages by the customer are excluded, unless the customer is not responsible for the failure to disclose. These notification obligations and the exclusion period do not apply if the customer or his fellow travellers have suffered personal injury or Airparks has caused other damage through gross negligence or wilful intent. Otherwise, the duty of disclosure and the preclusion period apply to both contractual and statutory claims.
6 Liability of Airparks 6.1. Airparks accepts no liability for accidents caused by the customer or driver involving damage to property and/or personal injury on the company premises.
6.2. Airparks shall not be liable for damage resulting from acts of courtesy (jump-starting, parking assistance) by its employees and/or vicarious agents.
6.3. Airparks' liability includes legal liability for damage, destruction, theft, loss or unauthorised use of parked vehicles or their accessories (excluding contents, valuables and cargo).
6.4. Airparks shall not be liable for damage caused by third party emissions, or by force majeure, damage caused by internal and external unrest, acts of war and elementary forces of nature.
6.5. The above limitations of liability apply to all claims for damages irrespective of their legal basis, including claims in tort. They shall also apply in cases of any claims for damages by a customer against employees or vicarious agents of Airparks. They do not apply in cases of liability for a defect following the assumption of a guarantee or in the case of fraudulently concealed defects.
6.6. Airparks shall be liable without limitation under the above limitations of liability in accordance with the statutory provisions for damages arising from injury to life, limb or health. Airparks shall be liable for other damage in the event of intent or gross negligence. In the event of slight negligence, liability for damages shall only arise if this is due to a breach of an essential contractual obligation or a cardinal obligation in a manner that endangers the purpose of the contract. In these cases, liability is limited to the foreseeable damage typical for the contract.
7 Special provisions for shuttle services
7.1. Airparks will exercise due diligence in accordance with local conditions and all relevant circumstances recognisable or foreseeable by Airparks in order to transport the customer to the airport or cruise port in good time at a notified departure time. The timeliness of arrival is not the subject of the contract. Insofar as Airparks is not responsible for a delayed arrival, in particular the failure to depart or to embark on time, Airparks is not obliged to pay damages or to reimburse expenses for replacement transport, feeder transport or other expenses.
7.2. The Customer shall arrive punctually at the agreed location for the use of the shuttle services. In doing so, he shall plan for appropriate time reserves, taking into account all relevant circumstances that were known to him or could have been known to him. It is always incumbent on the customer to pay attention to the news, in particular weather forecasts and traffic reports as well as airport and cruise port news. Airparks has no obligation to inform the customer in this respect. If the customer fails to comply with his obligations, Airparks shall not be liable for minor negligent breaches of duty. The provisions of Section 7.1 sentence 3 shall apply accordingly.
7.3. Airparks may exclude persons from carriage who are recognisably under the influence of alcohol or other intoxicating substances, who are rowdy or behave in any other way that is likely to cause considerable harm or danger to themselves, other persons, the driver or the vehicle. In the event of such justified exclusion, there shall be no claim to compensation or reimbursement of expenses.
8 Liability of the customer
8.1. The customer shall be liable for damage caused intentionally or negligently by himself to the legal assets of Airparks or third parties on the premises of Airparks.
8.2. Irrespective of fault, the customer is liable for all damage caused as a result of technical defects by the vehicle brought onto the Airparks premises by himself, his employees, his agents or his accompanying persons (family members) or third parties commissioned by him (e.g. oil loss, explosion). This also applies if such defects were not included in the condition report on the vehicle or were previously unknown. The customer assigns his own claims against third parties or insurance companies arising from a damage event to Airparks in advance, insofar as Airparks on its part is held liable for such a damage event.
8.3. The customer is free to prove that no damage or less damage than the claimed damage has occurred.
9 Measures taken by Airparks in the event of disruptions to the parking facility; exceeding the parking period
9.1. Airparks may refuse to allow the vehicle to be parked on the premises if there are indications that driving on the premises or parking on the premises may pose a risk to the operational safety of Airparks.
9.2. If the agreed/booked parking period is exceeded for reasons for which neither the customer is responsible and another customer is thereby deprived of the contractually owed service (this includes in particular exceeding the parking period as a result of an air traffic controller or pilot strike; cancellation or delay of flights; severe weather), Airparks is entitled to move or tow away the vehicle as a last resort if no less severe means is available. The costs for these measures shall be borne by the customer. Section 8.3 shall apply accordingly.
9.3. The provision in Section 9.2 in conjunction with 8.3 shall apply accordingly to an overrun of the parking time for which the customer is responsible, with the proviso that, in addition to the right to relocation of the vehicle if no more lenient means is available and the customer's obligation to reimburse the costs for corresponding measures, the customer shall pay remuneration payable in accordance with the usual and advertised rates for the corresponding parking facility.
10 Airparks' right of lien
10.1. Insofar as Airparks has duly offered or provided its contractual services and the customer is not entitled to any contractual or statutory right of retention or set-off, Airparks may refuse to surrender the parked vehicle without prior full payment of the invoice price.
10.2. In accordance with the statutory provisions on the lessor's lien, Airparks shall be entitled to a right of retention on account of its claim arising from the rental agreement, as well as a statutory lien on the customer's parked vehicle.
11 Limitation period
11.1. Claims of the customer from the contract which are based on injury to life, body or health, including contractual claims for compensation for pain and suffering, which are based on a negligent breach of duty by Airparks or an intentional or negligent breach of duty by a legal representative or vicarious agent of Airparks, are subject to a limitation period of three years. This also applies to claims for compensation for other damages which are based on a grossly negligent breach of duty by Airparks or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Airparks.
11.2. Claims by Airparks due to change or deterioration of the rental object, as well as claims by the customer for reimbursement of expenses shall become statute-barred in accordance with the statutory provisions.
11.3. All other claims are subject to a limitation period of one year.
11.4. The limitation period according to clauses 11.1 and 11.2 begins at the end of the year in which the claim arose and the customer becomes aware of the circumstances giving rise to the claim against Holiday Extras as the party asserting the claim or should have become aware without gross negligence. 11.5. If negotiations are pending between the customer and Airparks on asserted claims that are subject to the statute of limitations pursuant to Sections 11.1 and 11.2 or on the circumstances giving rise to such claims, the statute of limitations shall be suspended until the customer or Airparks refuses to continue the negotiations. The limitation period shall commence at the earliest 3 months after the end of the suspension.
12 Alternative dispute resolution
With regard to the Consumer Dispute Resolution Act, Airparks hereby informs you that Airparks will not participate in a voluntary consumer dispute resolution procedure. Airparks will inform the consumer in an appropriate manner if and to the extent participation in a consumer dispute resolution procedure were to become obligatory for Airparks following the print date of these contractual terms and conditions. Airparks refers you to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ in the case of all contracts concluded by means of an electronic legal transaction.
To the cancellation policy
Status: 16 March 2023
Holiday Extras GmbH
Managing Director Matthew Pack
Aidenbachstr. 52
81379 Munich
Germany
Tel.: +49(0)89/67 80 59-0
Fax: +49 (0)89/67 80 59-199
E-Mail: [email protected]
Internet: www.holidayextras.com/de/
