GT&C
LineUpEXplorers GmbH (hereinafter LUEX), Köln, provides an internet-based intermediary platform for global travel-related products and services. For this purpose LUEX operates a travel information, communication and booking system on the internet. This offers travel-related products, services, and information. These terms and conditions govern the use of the entire LUEX offerings, also in particular the booking of trips, travel components and services. LUEX reserves the right to make provision for supplementary terms and conditions for certain travel-related offerings or destinations. As LUEX acts only as an intermediary, the specific and general terms and conditions of any third party offering a product or service shall also apply additionally. In the event of conflicting conditions, the general terms and conditions of LUEX shall apply preferentially.
The parties to the legal relations shall be designated as "Travellers", with a person who also makes a booking for one or more Travellers designated as a "Group leader". The member of a tour group shall also be designated as a "Group member". "Service provider" designates a company or person that delivers the actual product or service - usually on location at the destination - that LUEX (Intermediary) offers to Travellers.
1. Intermediary platform operator designation and information
LineUpEXplorers GmbH (abbreviated as LUEX)
Managing Director Tim Heising
Court Registration: HRB 99297 Cologne
Lütticher Str. 10
50674 Köln
Germany
VAT ID No.: DE221867890
Telephone: LUEX general: +49 231 97676992
LUEX bookings Surf: +49 231 97676992
LUEX bookings Snow: +49 231 97676994
Fax: +49 231 58695399
Skype: LUEX general: luex-lineupexplorers
LUEX bookings Surf: luex-surf
LUEX bookings Snow: luex-snow
2. Website
The website constitutes the fundamental information that LUEX provides to Travellers. The offers, representations, data, software, images, illustrations and information are subject to copyright in virtually their entirety. To the extent that the design, photos, selection and manner of composition and preparation have been prepared by LUEX, the rights are held exclusively by LUEX. Large quantities of information, offers and images are delivered by third parties, in particular also by Service providers. This content is also legally protected by copyright, trademark and competition law and may not be copied, transmitted or used in any manner other than within the scope of the website without the prior express written authorisation of LUEX or the rights holder, if applicable.
LUEX shall make every effort to update information and prices at all times. Nevertheless, there may be differences due to the volume of data, information and parameters. Prices and specifications can be found based on the individually prepared offering. The booking confirmation and the price calculated for the Traveller are definitive.
LUEX is unable to monitor or check all information provided, especially links to other websites. LUEX is unable to maintain and update this content. In this respect, LUEX is unable to assume any responsibility.
3. Intermediary services
LUEX facilitates the provision of travel-related products and services by Service providers in the form of travel modules and services. LUEX is not a tour operator and does not deliver, own or control any of the travel-related products and services on offer. The travel-related products and services are delivered directly by the Service provider. The offerings provided by LUEX are intended for natural persons. In this context, the Traveller / Group leader making the booking must be at least 18 years of age. A Group leader aged 18 years or over must book for under-age travel companions. The offerings are primarily intended for Travellers from Germany. In utilising this offering, the Group leader making the booking promises that they are authorised to act on behalf of their travel companions, in particular to arrange travel-related services and to conclude contractual arrangements in the name of the Travellers. The Group leader is liable to LUEX as the joint and several debtor in addition to the individual Travellers for the payment of the travel-related products and services booked. Legally binding declarations received by the Group leader are deemed to have been received by all Travellers in the tour group.
4. Bookings
To the extent that no further commitment periods have been agreed, the following shall apply: By filling in the booking templates and confirming the booking procedure, the Traveller/Group leader commissions LUEX to finalise the intermediated procurement with the Service provider. A confirmation of receipt from LUEX with respect to an order immediately after the Traveller/Group leader has transmitted the data does not constitute a binding confirmation of the intermediated travel-related products and services.
Immediately upon receipt of the booking, LUEX shall assess the availability of all the booked products and services from the Service provider/s. Following this assessment, the Traveller/Group leader shall be issued a booking confirmation. The Traveller/Group leader is obliged to check this confirmation carefully immediately upon receipt. If information appearing on the confirmation or in another document is incorrect or incomplete, the Traveller/Group leader is obliged to inform LUEX immediately - in text form if possible. Alterations at a later point in time can only be considered if LUEX could reasonably be expected to make such changes. Unreasonable alterations are such changes in particular that involve additional costs for LUEX, unless the Traveller/Group leader reimburses these costs.
A binding agreement between the Traveller and the respective Service provider shall only eventuate when the binding booking confirmation has been transmitted to the Traveller/Group leader; the automatic LUEX confirmation of receipt is not a booking confirmation.
The following applies when a Group leader makes a booking for several Travellers: With their booking, the Group leader confirms that they are permitted to legally represent the group members (Travellers) and that the Group leader is permitted to make and receive declarations on behalf of the group members. If travel vouchers are dispatched, they shall be sent solely to the Group leader for the whole tour group. Payments shall be processed exclusively through the Group leader with debt discharging effect.
The contractual obligation of LUEX is limited to the proper intermediation of the booked travel-related products and services. The contractual obligations of LUEX do not include the delivery of the booked product or service.
5. Payments, cancellation charges
LUEX is entitled to demand payment of deposits and outstanding amounts in accordance with the general terms and conditions as well as the terms and conditions of payment of the Service provider of the mediated product or service. Payment shall be collected as instructed by the respective Service provider. It is possible that the method of payment accepted by the Service provider may differ from the standard modes of payment used by LUEX or in Germany generally. The details are to be found in each of the offerings respectively. To the extent that nothing to the contrary has been agreed, the following shall apply:
Following receipt of the payment request, payment of the deposit indicated on the payment request is to be made in a single payment within one week by means of the payment method indicated. The deposit shall be at least 25% of the total price of the travel-related products or services that have been booked. The outstanding amount for the travel-related products or services is to be paid no later than 30 days prior to the commencement of travel as a single payment by means of the payment method indicated without any further request for payment. In the case of tour groups, the Group leader is responsible for ensuring consistent payment processing. The total price of a tour booked at short notice (within 30 days of tour commencement) is due immediately.
If due payments are not made or not made in full and the Traveller/Group leader does not pay after a reminder with a final due date, LUEX or the Service provider are able to withdraw from the particular agreement, unless LUEX or the Service provider is already responsible for a significant flaw, failing or shortcoming at this time. If the Traveller is responsible for the cancellation, LUEX or the Service provider can demand compensation in accordance with the agreed fixed rates for compensation. If nothing else has been stipulated within the offer/travel confirmation, the fixed rate in the event of the Traveller cancelling more than 30 days prior to departure is 25% of the price of the tour. The Traveller/Group leader is entitled to provide evidence of lower costs or costs that did not eventuate, while LUEX is free to calculate and demonstrate substantially higher costs.
LUEX assumes no currency risks. In order to minimise currency risks, LUEX shall exchange the travel payments received into the target currency of the country of the respective Service provider as soon as possible after receipt of payment. In the event of major currency fluctuations, the Traveller/Group leader shall indemnify LUEX against any proven currency exchange losses. Reimbursements shall be made solely by means of bank transfers in the currency of the recipient. Bank fees and charges shall be borne by the Traveller/Group leader.
If the Traveller/Group leader pays by bank transfer, LUEX can only facilitate a smooth booking process if the Traveller/Group leader uses the designated booking ID in the purpose field of the bank transfer which is specified in the request for payment. Otherwise LUEX may not be able to assign the payment to the correct booking. A failure to do that correctly can result in the cancellation of a trip in the worst-case scenario.
If the Traveller wishes to book not as a private individual, but as a business traveller acting on instructions or as a legal representative, this must be noted already during the booking process and cannot be subsequently altered. This can have taxation consequences and should therefore be carefully considered.
The customer shall receive a payment receipt in the form of a booking confirmation from LUEX showing the total price, either paid or to be paid to the Service provider.
6. Alterations, cancellations, reimbursements
In the event that a confirmed booking is modified or cancelled, LUEX is to be contacted as quickly as possible in this matter such that a possible solution can be sought in consultation with the Traveller/Group leader. Additional costs that result for LUEX or the Service provider shall be borne by the Traveller/Group leader, whereby LUEX reserves the right to invoice a minimum fee of €50 for changes demanded solely by the Traveller.
Should there be a modification or cancellation by LUEX / the Service provider, LUEX shall also contact the Traveller/Group leader as soon as possible and seek a possible solution.
LUEX notes explicitly that as an intermediary LUEX cannot assume responsibility for the performance of the Service provider. In particular, LUEX offers individual travel-related products and services to exotic destinations. The Traveller recognises that booking and processing these products and services are more difficult and that a higher degree of flexibility is expected of these than for mass tourism.
7. Complaints and ratings
Should the Traveller be dissatisfied with an aspect of the travel-related product or service received in a particular case and wish to submit a complaint, they are to approach the Service provider or their representative directly at the location during their current stay so that this person can attempt to solve the problem. LUEX recommends notifying the Service provider in text form that documents the shortcomings, if possible with the aid of photos.
If the problem cannot be resolved during the stay, the Service provider must be contacted within 30 days of returning from the trip. The Service provider should then respond to the correspondence according to the applicable laws and regulations. Receipt should be confirmed in 14 days and a full response received within 28 days. If this is not the case, an explanation for the delay should be received from the Service provider.
Should the travel-related product or service not match the description on the LUEX platform, the customer must approach the Service provider or their representative directly at the location during the customer's stay. LUEX shall support customers with respect to their complaint. LUEX is to be informed of the facts involved in the situation as soon as possible in order to be able to assist in finding a solution.
The Service provider is to be contacted immediately in the event of flight or transportation problems. Customers are to check information and the general terms and conditions given to customers via the Service provider before the commencement of travel.
8. Visa, passport and travel regulations
The Traveller/Group leader shall pay attention to the special visa, passport and travel regulations for the Travellers and their country of destination. LUEX makes every effort to inform customers as comprehensively and accurately as possible. To the extent that LUEX draws attention to particular details, this can only be considered as non-binding information. Considering the high number and frequency of possible amendments to regulations, Travellers/Group leaders are requested to contact the relevant embassy/consulate for the particular destination. In this respect LUEX can assume no responsibility whatsoever for any assurance, guarantee, currency or accuracy of the information. The information provided by Travellers’ ministries of foreign affairs are a reliable source with respect to many travel destinations.
It is the sole responsibility of the Traveller/Group leader to ensure that all Travellers are in possession of all requisite travel documents (passport, Visa, etc.) at the commencement of travel and that all Travellers fulfil the health requirements.
9. Insurance
To the extent that it is not expressly offered, insurance cover does not constitute part of the travel-related products and services offered. LUEX recommends that customers take out travel insurance, in particular travel cancellation cost insurance and in certain circumstances overseas travel insurance, including an overseas health cover component. LUEX names a reliable partner offering the relevant insurance policies to its customers at: http://www.luex.com/info/insurances.html.
10. Liability, responsibility
LUEX depends on the information provided to it by the Service providers with respect to the details of the travel-related goods and services. LUEX has only extremely limited opportunities to check such information with respect to their accuracy and completeness. Consequently, LUEX is unable to provide any guarantees or assurances with respect to the completeness, accuracy or currency of such information. The same applies for any other information made available by third parties.
LUEX is not liable for the availability of the travel-related product or service at the time of booking or for the performance of the booked travel-related product or service by the Service provider.
Within the scope of its performance obligations, LUEX is only liable for any losses that may result in the following cases, irrespective of legal grounds: The statutory regulations shall apply with the following restriction: Liability or minor negligence on the part of LUEX or its vicarious agents is excluded, provided that neither an essential contractual obligation was breached nor is there a case of initial incapacity, impossibility or default on the part of LUEX. Otherwise liability is limited to the value of the travel-related products and services booked, in any case however to predictable and typical losses. The exclusions of liability or facilitation shall apply in the same manner to the executive bodies of LUEX, as well as to their vicarious agents.
Travellers and Group leaders shall be liable to LUEX for each and every reservation/booking that is made in bad faith or with deceitful intent or with erroneous or incomplete personal data. The opportunity to book travel-related goods and services may only be utilised in order to make legal bookings as a Traveller or as a Group leader for a third party. At the same time, in utilising the offerings the Group leader guarantees that they are authorised and are permitted to act in the name of fellow travellers. In the event that there is a breach of these guarantee, the Group leader is liable without limitation to LUEX and their respective Service providers for the losses resulting from the aforesaid person’s actions.
In many countries there are safety standards that differ from those generally found in Europe, Australia or the USA. Travelers/Group leaders are strongly encouraged, also in their own interest, to access information once again immediately before commencing travel in accessible sources, such as the internet pages of the Foreign Office, with respect to changes in the travel regulations and safety warnings for the country of destination.
11. Final provisions
Should business terms and conditions or parts of the agreement be or become invalid, the validity of the remaining parts of the agreements shall not be affected.
Amendments or additions to all agreements, including a divergence from these general terms and conditions, are only possible in text form (written, by fax or e-mail). Oral agreements require written confirmation to be valid.
All communication between LUEX and a Traveller/Group leader is to be undertaken by e-mail if possible. The Traveller/Group leader therefore promises to receive and read e-mails and implement the information/instructions from LUEX accordingly. LUEX must be informed immediately of changes in contact details.
All contractual relations between LUEX, its customers and Service providers are subject exclusively to German law - with the exception of the UN Contract for the International Sale of Goods (CISG) convention. Köln shall be the mutually agreed place of jurisdiction for non-German Travellers.
