General Terms and Conditions

Section A – Principles of Business Cooperation

2. General provisions

2.1. Scope of Application

‍2.1.1. These General Terms and Conditions ("GTC") apply to the business relationship between airtuerk Service GmbH, its subcontractors and the agency, which is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB). airtuerk does not recognize any conflicting or deviating terms and conditions of the agency unless airtuerk has expressly agreed to their validity in writing.

2.1.2. Individual agreements between airtuerk and the agency take precedence over these GTC. Such agreements require written confirmation by airtuerk.

2.1.3. Insofar as individual airtuerk subcontractors establish direct contractual relationships with the agency, these GTC as well as any superseding agreements shall apply to such contractual relationships.

2.1.4. The agency framework agreement or individual contract concluded between airtuerk and the agency is supplemented by these GTC. Where individual provisions therein deviate from these GTC, those provisions shall take precedence.

2.2. Subject Matter of the Contract

‍2.2.1. On the basis of the agency framework agreement, airtuerk fulfills individual service agreements by executing the specific booking orders placed by the agency in accordance with the contractual services regulated in these GTC.
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2.2.2. airtuerk provides information on currently available travel services, their prices, and booking and reservation procedures.

2.2.3. The contract between the entitled person and the service provider is concluded upon booking confirmation. The GTC of the respective service provider apply to this service relationship. The agency is required to inform the entitled person of this.

2.2.4. No contractual relationship is established between airtuerk and the agency's customer.

‍2.3. Services Outside the Scope of the GTC

‍2.3.1. The service relationship is established between the booking party as the entitled person and the respective service provider.

2.3.2. airtuerk does not act as a tour operator but as an intermediary, since airtuerk merely facilitates the booking orders of the agency.

2.3.3. It is the responsibility of the agency to inform its customers about country-specific regulations and entry requirements. airtuerk assumes no obligations in this regard.

2.4. Ancillary Services

‍Ancillary services provided by airtuerk in connection with the booking order are secondary to the main service and, for VAT purposes, follow the same treatment as the main service.

3. Booking Process and Contract Conclusion

3.1. The agency must use the portal provided by airtuerk for the booking and reservation process.

3.2. The airtuerk portal displays available travel services, prices and conditions to the agency.

3.3. The agency is obliged to submit all necessary information in full. It may only forward a booking order if:
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(i) commercial due diligence has been observed,
(ii) the agreed payment processing is ensured, and
(iii) payment to airtuerk is guaranteed.

Booking confirmations must be checked by the agency for accuracy.

3.4. The agency must comply with the provisions on credit card payments and report any irregularities.

3.5. Once a booking has been made, airtuerk is entitled to issue an invoice.

3.6. The agency must observe all participation conditions and documentation obligations and inform the entitled person accordingly.

Section B — Processing of Booking Orders for Scheduled Air Transport

1.1. The provisions set out in Section A apply additionally to air transport, unless specific arrangements are made below.

1.2. The BSP regulations also apply, as their comprehensive and clarifying content serves to simplify processing, including for non-IATA carriers.

1.3. The agency undertakes to use IATA-approved and available online booking systems provided by airtuerk for booking, reservation, rebooking and cancellation procedures, in compliance with the applicable contractual provisions. The booking details must correspond to the service agreed upon with the agency's customer. Upon receipt of the booking order transmitted to airtuerk, the agency commissions airtuerk to issue the flight ticket. Execution of the booking order by airtuerk includes the binding reservation of the commissioned transport service and the issuance of flight documents in electronic form. The transport contract is concluded with the content of the booking confirmation, which may be combined with the invoice.

1.4. As a general rule, the agency is not an intermediary of the transport service but acts within a service agreement on behalf of its customer, engaging airtuerk as an IATA-licensed consolidator for the technical processing and booking of the flight ticket. The management of the booking order is the responsibility of the agency.

1.5. The agency must forward booking orders received from its customers to airtuerk. Until these have been received by airtuerk, airtuerk is not obliged to perform. airtuerk forwards the customer's declaration as a messenger for ordering or reserving the transport service and for issuing the flight tickets to the service provider.

1.6. The agency is advised that airtuerk is always required to pay the fare for the booked flight ticket to BSP — which IATA uses for billing and collection/debiting on behalf of the booked airline — regardless of whether the agency itself receives payment from its customer.

1.7. The agency expressly acknowledges that it must forward to airtuerk any incoming payments that are claimed by airtuerk by way of assignment in lieu of performance.

2. airtuerk Fare Database

2.1. Pursuant to the provisions of the agency framework agreement and for the duration of its validity, the agency receives a simple, non-sublicensable, non-transferable right — limited in scope to the agency's place of business — to use the fare databases either fully or partially, as agreed, including for the purpose of customer consultation. The agency is not entitled to edit or supplement the contents of the fare databases. In particular, the following are not permitted:

• reproduction and use of fare database content for unauthorized persons or for purposes not covered by the agency framework agreement or these GTC
• forwarding of substantial parts of the fare database content for purposes other than those described above, regardless of the type of data medium or file format
• systematic and methodical transfer of fare database content (including parts that are insignificant in terms of type and scope) to another system or third-party database, or comparable actions that conflict with the normal use of the fare database or unreasonably impair the legitimate interests of airtuerk.

2.2. The fare databases are made available by airtuerk either directly or through other suppliers, such as an IBE or computer reservation systems ("CRS"). The scope and content of the fare databases may differ for different users. The agency has no right to constant availability of the fare database, in particular not in the event of short- or long-term outages, nor to a complete display of all fares.

2.3. Permission to use the fare database is deemed granted upon conclusion of the agency framework agreement, unless use of the fare database has been contractually excluded.

2.4. airtuerk may charge additional remuneration for the use of certain databases, to be agreed on a case-by-case basis. The provisions of clause 2.1 apply accordingly to usage rights, unless otherwise agreed. Permission to use the database ends upon termination of the agency framework agreement (e.g. by cancellation) or in the event of significant payment default by the agency.

2.5. Use of the databases regulated in this clause 2 may be granted to the agency by airtuerk following internal commercial and, where applicable, statutory review, and may be terminated at any time with four weeks' notice to the end of the month.

3. IBE

3.1. If the agency operates its own IBE, fare data is provided by airtuerk through the IBE of the respective IBE provider. Subject to clause 3.4, the agency concludes a contract with the respective IBE provider. Due to the complexity of the various IBEs used, the agency remains obliged to cooperate to a reasonable extent. In particular, it is obliged to check all incoming bookings for accuracy and completeness and to report any errors to airtuerk without delay.

3.2. Bookings transmitted to airtuerk via a third-party IBE are considered a binding order to issue the corresponding flight ticket. It is prohibited to cancel bookings solely for the purpose of re-entering them on proprietary systems in order to circumvent airline fare restrictions, and/or to use the IBE merely to obtain information about or display fares without carrying out an actual booking transaction.

3.3. If airtuerk makes restricted fares available via a third-party IBE, the agency must ensure compliance with these restrictions.

3.4. IBEs provided by airtuerk are supported by airtuerk and/or an airtuerk subcontractor commissioned by it. The agency is supported by airtuerk and its agents in the administration of these systems. The obligations set out above (clauses 3.1 and 3.2) also apply here.

4. Agency Remuneration

4.1. Should the agency, in individual cases, act as a sub-intermediary of transport services on behalf of service providers, it shall be entitled to remuneration in accordance with the special provisions of airtuerk's remuneration schedule.

4.2. Service fees are invoiced differently depending on whether IATA fares or consolidator fares are involved. For IATA fares, airtuerk invoices the agency for the final price to be paid by the agency's customer. For consolidator fares, airtuerk or the commissioned airtuerk subcontractor invoices the agency for the service rendered. In this case, the agency is responsible for independently determining the final price for its customer.

4.3. Payment processing is carried out in accordance with the differentiation in clause 4.2, whereby airtuerk retains the general authorization to debit the agency's account by direct debit.

4.4. Prices confirmed by airtuerk or stated in its invoices are binding, unless deviating provisions apply. The applicable current daily prices at the time of ticket issuance shall apply to the associated ancillary costs, such as taxes, security surcharges and/or fuel surcharges.

5. Reservation and Cancellation

5.1. A cancellation of a flight booking is only permitted in compliance with the relevant terms and deadlines of the service provider and the prescribed procedure. Cancellation fees are determined and charged by the service provider in accordance with its GTC. airtuerk has no influence over the amount of cancellation fees to be invoiced. Issued entitlement documents must be returned in original, unless issued electronically. If original documents are not returned and airtuerk therefore remains fully or partially obligated to pay the flight fare, the full service fee will be invoiced to and paid by the agency. The agency is liable for payment.

5.2. If airtuerk has paid the flight fare but has not received payment from the agency, airtuerk is entitled to reverse the flight ticket booking. The agency must make payment within a deadline set by airtuerk. If the agency fails to meet this obligation, airtuerk is entitled to cancel the booking. In this case, the agency is obliged to inform its customers of the cancellation of the transport service. The agency is obliged to compensate airtuerk for any damages arising from late payment.

6. Special Obligations of the Agency and Liability

6.1. The agency is obliged to: regularly inform itself about current IATA resolutions; comply with BSP provisions and credit card payment requirements in accordance with the credit card agreement, particularly for mail-order procedures; inform customers of the relevant GTC of the service provider and give them the opportunity to take note of their content; retrieve notices and recommendations issued by service providers daily, including any country-specific requirements and formalities, and communicate these to the customer prior to departure; and observe any restrictions of the respective IBE.

6.2. The agency is liable to airtuerk for all disadvantages arising from failure to comply with the above obligations.

Section C — Booking of Accommodation

1. Subject Matter
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1.1. The provisions set out in Section A apply additionally to accommodation bookings, unless specific arrangements are made below.

1.2. airtuerk arranges accommodation contracts and reservation contracts between the agency's customers and the service providers. These may cover accommodation only or accommodation with additional services such as meals, cleaning, etc. (e.g. hotels). airtuerk may in turn use other brokers or intermediaries for this purpose. airtuerk does not broker its own allotments.

1.3. airtuerk arranges the conclusion of accommodation contracts and reservation contracts via available accommodation stored in its database, which the agency can book via the booking system made available to it or accepted by airtuerk. The displayed prices are binding. The accommodation or reservation contract is always concluded between the operator of the accommodation as the service provider and the agency's customer or the entitled person(s) designated by them, even if the operator has engaged a broker or intermediary acting on their behalf. The GTC of the respective service providers used apply to the service relationships. The agency must inform the customer of these GTC and give them the opportunity to take note of their content.

1.4. The accommodation or reservation contract is concluded with the content of the booking confirmation issued by airtuerk. The booking confirmation may be combined with the invoice.

2. Agency Remuneration
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In relation to the entitled person, the agency acts as an intermediary working for airtuerk as a sub-intermediary. Upon fulfillment of its contractual obligations as intermediary, the agency is entitled to remuneration payable by airtuerk, to be agreed separately on a case-by-case basis.

Section E — Arrangement of Package Tours

1. Subject Matter

1.1. The provisions set out in Section A apply additionally to the arrangement of package tours within the meaning of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, as well as individual travel services bundled by the agency into a package tour, unless specific arrangements are made below.

1.2. airtuerk makes offers from service providers for package tours available to the agency. The available package tours are compiled in a database and made accessible to the agency. airtuerk assumes no responsibility in this regard other than providing this database and does not act as a tour operator pursuant to § 651a Para. 1 BGB, a travel agent pursuant to § 651v Para. 1 BGB, or an intermediary of linked travel arrangements pursuant to § 651w Para. 1 BGB, and assumes no obligations in this regard.

1.3. airtuerk also makes offers from service providers for individual travel services available to the agency in the manner described in clause 1.2 of this section. The agency is free to bundle these individual services into a package tour. In such a case, the agency itself acts as the tour operator. It must fulfill all applicable statutory obligations of a tour operator or other obligations arising from §§ 651a ff. BGB independently and on its own responsibility.

2. Obligations in Connection with the Booking of Package Tours

2.1. The agency is obliged to fulfill independently the obligations associated with the sale of package tours — in particular the corresponding provision of documents and, where it acts as tour operator itself, the conclusion of appropriate insurance — without airtuerk being subject to any obligations of performance or supervision arising from the intermediary relationship.

2.2. The offers made available for retrieval and the duration of their availability are determined by the offers of service providers available to airtuerk. In particular, airtuerk is not obliged to make specific package tours or individual travel services — which the agency intends to bundle into a package tour — available to the agency. Equally, airtuerk is not obliged to make available offers for a specific period of time or within a specific allotment.