General Terms and Conditions

for the arrangement of package holidays in accordance with § 651V BGB

• 1 Scope of application

- These General Terms and Conditions (GTC) apply to the contractual relationship between triplanet, Marcel Franke eU, Franz-Ehrlich-Str. 12, 12489 Berlin (hereinafter referred to as triplanet) and the customer.

- triplanet acts primarily as an agent for offers of travel events. Anything else only applies if this has been expressly indicated.

- General terms and conditions of the customer shall not apply, even if triplanet does not expressly object to these terms and conditions of the customer.

• 2 Conclusion of contract

2.1 By completing the booking process, which can be made verbally, in writing, by telephone or electronically (e-mail / website), the customer offers triplanet the conclusion of an agency contract for travel services, which is concluded by triplanet's declaration of acceptance. If the order is placed electronically, triplanet will initially only confirm receipt of the order electronically. A confirmation of receipt does not constitute acceptance of the order.

2.2 The mutual rights and obligations of the customer and the travel agent arise from the contractual agreements made in the individual case, these terms and conditions and the statutory provisions, in particular Sections 651a et seq. Art. 250 et seq. EGBGB and §§ 675, 631 et seq. BGB on the provision of services against payment.

2.3 The rights and obligations of the customer towards triplanet are governed exclusively by the agreements made with triplanet, in particular - insofar as effectively agreed - its travel or business terms and conditions. In the absence of a special agreement or special reference, the conditions of carriage and fare regulations issued by the competent transport authority on a legal basis or on the basis of international agreements shall apply to transport services.

• 3 Payments and notification of defects

3.1 triplanet and the tour operator may only demand or accept payment of the tour price before the end of the package tour if an effective customer money protection contract has been concluded with the tour operator and the customer has been provided with the security certificate with the name and contact details of the customer money insurer in a clear, comprehensible and prominent manner.

3.2 triplanet is deemed to be authorised by the tour operator to receive notifications of defects and other declarations from the customer/traveller regarding the provision of the package tour. triplanet will inform the tour operator immediately of such declarations from the traveller. triplanet recommends that such declarations be made directly to the tour guide or the tour operator's contact point in order to avoid loss of time despite immediate forwarding.

• 4 Information and notes

4.1 Upon request, triplanet will make the booking enquiry with the package tour operator. Unless it has been expressly agreed that the package tour organiser will send the travel documents directly to the customer, this is part of triplanet's obligation to perform.

4.2 When providing other advice and information that triplanet is not obliged to provide in accordance with § 651v para. 1 BGB in conjunction with Art. 250 § 1 to 3 EGBGB. Art. 250 § 1 to 3 EGBGB, triplanet is liable within the framework of the law and the contractual agreements for the correct selection of the source of information and the correct forwarding to the customer. An information contract with a main contractual obligation to provide information only comes into existence if a corresponding express agreement has been made. triplanet is not liable for the correctness of information provided in accordance with § 675 para. 2 BGB, unless a special information contract has been concluded.

4.3 triplanet is only obliged to determine and/or offer the most favourable provider of the requested travel service if there is an express agreement.

4.4 Unless expressly agreed, triplanet does not assume any guarantee within the meaning of Section 276 (1) sentence 1 BGB with regard to information on prices, services, booking conditions and other circumstances of the travel service and no procurement guarantee within the meaning of this provision with regard to information on the availability of the services to be arranged.

4.5 triplanet accepts special requests from the customer and forwards these to the tour operator. triplanet is only responsible for the fulfilment of such special requests if this has been expressly agreed. The fulfilment of special requests is not a condition or contractual basis for the agency order or for the customer's booking declaration to be transmitted by the travel agent to the package tour operator, unless this has been expressly agreed. The customer is advised that, as a rule, special requests only become part of the package tour organiser's contractual obligations upon express confirmation by the package tour organiser.

• 5 Payments via triplanet

5.1 triplanet is entitled to demand payments in accordance with the service and payment terms of the service providers arranged, insofar as these have been effectively agreed between the service provider and the customer and contain legally effective payment terms.

Payment claims against the client can be asserted by triplanet, insofar as this corresponds to the agreements between triplanet and the service provider, as the service provider's authorised collection agent, but also in its own right on the basis of the client's statutory obligation to make advance payments as a principal in accordance with § 669 BGB.

5.2 The above provisions apply accordingly to cancellation costs (cancellation compensation) and other statutory or contractual claims of the procured service provider.

5.3 If the travel service arranged by triplanet is affected by service disruptions or changes such as rebooking, cancellation or termination by the customer or the organiser, this does not affect triplanet's entitlement to payment of a calculated service fee for advisory, agency and other services already provided.

5.4 The client cannot counter triplanet's own payment claims by way of retention or offsetting that the client has claims against the brokered service provider, in particular due to defective fulfilment of the brokered contract. This does not apply if a culpable breach of contractual obligations on the part of the agent is the cause or contributory cause of such claims arising or if triplanet is liable to the client for the counterclaims asserted for other reasons.

5.5 triplanet reserves the right to charge the customer a payment fee of 3.5% of the total invoice amount for payments via Paypal (including by credit card).

5.6 Discounts and special offers - The booking is deemed to have been bindingly concluded upon acceptance by triplanet and receipt of the agreed deposit. The conditions valid at the time of booking are decisive for the travel price. Subsequent discounts, price reductions or the crediting of special promotions to already completed bookings are excluded.

• 6 Procurement of air transport services

6.1 In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, triplanet is obliged to inform the passenger of the identity of the operating airline at the time of booking. If the operating airline has not yet been determined at the time of booking, triplanet will provide the passenger with the information available from the airline that is likely to operate the flight. In the event of a change of airline, the customer will be informed of the change immediately. The Community list of airlines banned from flying in the European Union is available on the websites http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de.

6.2 The contractual relationship between the customer and the airline shall be governed by the statutory provisions of the German Air Traffic Act, the Warsaw and Montreal Conventions and directly by domestic statutory provisions such as Regulation (EC) No. 261/2004 on air passenger rights, Regulation (EC) No. 2111/2005 on the establishment of a Community list of air carriers which are subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, Regulation (EC) No 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

6.3 The customer is strongly recommended to inform himself about his rights as a passenger, e.g. through the notices at the airports, through the information provided by the operating air carrier or through the information sheets of the Federal Aviation Office at www.lba.de.

• 7 Checking the travel documents

7.1 Both the customer and triplanet are obliged to check contractual and other documents of the brokered package tour organiser regarding the package tour, which were handed over to the customer by triplanet, in particular booking confirmations, flight vouchers, hotel vouchers, visas, insurance certificates and other documents regarding the brokered package tour for correctness and completeness, in particular for conformity with the booking and the brokerage order.

7.2 If documents relating to the arranged package tour are not sent to the customer directly by the package tour organiser, triplanet will deliver them by post or electronically.

• 8 Co-operation of the customer

8.1 The customer must notify triplanet immediately of any recognisable errors or defects in triplanet's brokerage activities as soon as they are discovered. This includes, in particular, incorrect or incomplete details of personal customer data, other information, information and documents about the arranged package holiday as well as the incomplete execution of agency services (e.g. bookings or reservations not made).

8.2 If no notification is made by the customer in accordance with Clause 8.1, the following shall apply:

a) If the customer fails to notify us in accordance with Clause 8.1 through no fault of his own, his claims shall not lapse.

b) Claims of the customer against triplanet are cancelled insofar as the customer proves that the customer would not have incurred any damage or not in the amount claimed by the customer if proper notification had been made. This applies in particular if triplanet proves that immediate notification by the customer would have enabled triplanet to remedy the defect or reduce the damage, e.g. by rebooking, additional booking or cancellation with the package tour operator arranged

c) Claims of the customer in the event of failure to notify in accordance with Clause 8.1 shall not apply not

in the event of damages resulting from injury to life, body or health, which result from an intentional or negligent breach of duty by triplanet or a legal representative or vicarious agent;

in the case of claims for compensation for other damages that are based on an intentional or grossly negligent breach of duty by triplanet or a legal representative or vicarious agent;

in the event of a breach of a material obligation, the fulfilment of which is essential for the proper performance of the brokerage contract or the breach of which jeopardises the achievement of the purpose of the contract.

8.3 Liability for booking errors in accordance with § 651x BGB remains unaffected.

• 9 Resignation

9.1 In accordance with the statutory provisions of § 651 h BGB, the customer is entitled to withdraw from the trip at any time before the start of the trip. Any advance payments made by the customer must be repaid by triplanet. In such a case, triplanet may demand reasonable compensation from the customer in accordance with Section 651h (2) BGB. The applicable cancellation fees are determined as follows:

20% for cancellations up to 30 days before the start of the trip

30% for cancellations from the 29th to the 22nd day before the start of the trip

35% for cancellations from the 21st to the 15th day before the start of the trip

45% for cancellations from the 14th to the 7th day before the start of the trip

55% for cancellation from the 6th day before departure

75% for non-arrival.

The customer is at liberty to prove that the damage incurred was less than that claimed within the scope of the lump sum.

9.2 Should it be impossible for the customer to commence the trip due to force majeure, the cancellation fees set out in 9.1 shall not apply. Events such as natural disasters, epidemics, wars and political unrest are considered force majeure.

9.3 The provisions of 9.1 and 9.2 apply to the customer vis-à-vis triplanet only and exclusively in the event that triplanet itself is the organiser of the trip. Otherwise, the provisions of the respective organiser plus any applicable fees shall apply to brokered services.

9.4 Services provided by triplanet itself that have already been invoiced are non-refundable in accordance with Section 5.3. The entitlement to payment of the service fee therefore remains in force even in the event of cancellation.

• 10 Obligations of triplanet in the event of complaints against the package tour organisers.

The customer can report defects and make other declarations regarding the provision of travel services by the package tour organiser and triplanet.

However, triplanet is under no obligation to advise the customer on the type, scope, amount, eligibility requirements and deadlines to be observed or other legal provisions concerning claims against the package tour organisers.

• 11 Important information on insurance for package holidays

11.1 triplanet draws attention to the possibility of taking out travel cancellation insurance at the time of booking in order to minimise the cost risk in the event of cancellations by the customer.

11.2 The customer is also advised that travel cancellation insurance does not usually cover any loss or damage that may arise if the customer cancels the package tour after it has commenced, even if this is not their fault. As a rule, travel cancellation insurance must be taken out separately.

11.3 triplanet also recommends ensuring that you have adequate health insurance cover when travelling abroad.

11.4 When arranging travel insurance, the client is advised that the insurance conditions of the travel insurance policies arranged may contain special contractual conditions and/or obligations of the client to cooperate, in particular exclusions of liability (e.g. in the case of pre-existing conditions), the obligation to cancel immediately in the case of travel cancellation insurance, deadlines for reporting claims and deductibles. triplanet is not liable if it has not provided incorrect information regarding the insurance conditions and the brokered travel insurer has a right to refuse to pay benefits to the customer due to effectively agreed insurance conditions.

• 12 Liability

12.1 triplanet is not liable for the conclusion of contracts with the package tour organisers to be brokered, unless it has expressly agreed a corresponding contractual obligation.

12.2 triplanet is not liable for defects and damages incurred by the customer in connection with the travel service arranged. This does not apply in the case of an express agreement or assurance to this effect by the travel agent, in particular if this deviates significantly from the service description of the package tour organiser.

12.3 Any liability of the travel agent arising from § 651x BGB or the culpable breach of travel agent obligations remains unaffected by the above provisions.

• 13 Changes to programme items of the trips

13.1 We at triplanet always endeavour to provide our valued customers with unforgettable travel experiences. Please note that we act as an agent for tour operator offers. As a result, itineraries of our group tours may occasionally be changed by the tour operator based on customer feedback or for other reasons in order to optimise the travel experience.

13.2 Customer feedback is of great importance for the continuous improvement of the travel offers. If the tour operator decides to adapt or change certain programme items, this is its responsibility as the tour operator.

13.3 We as triplanet will do our best to inform you about planned changes to programme items prior to booking, provided that the tour operator informs us accordingly. However, it may happen that changes are only made after the booking has been made or during the planning of the holiday. In such cases, we will endeavour to inform you of the changes as soon as possible, but this cannot be guaranteed.

13.4 Please note that changes to programme items do not constitute grounds for cancellation or refund of the booked trip or partial services. As an agent, we have no control over the tour operator's decisions regarding the programme. Customers who have already booked a trip with us can be informed of the changes on request, but are not entitled to a cancellation or refund for this reason.

• 14 Minimum number of participants and cancellation by the organiser

The organiser reserves the right to cancel the trip if the minimum number of participants is not reached. The cancellation must be made at least 30 days before the planned start of the trip. In this case, any payments already made will be refunded immediately. Further claims are excluded.

• 15 Reservation of right of amendment

15.1 triplanet is authorised to change the GTC if this is necessary for a valid reason and the change maintains the original relationship between service and consideration, so that the change is reasonable for the customer. A valid reason exists if and to the extent that developments after the conclusion of the contract, which triplanet could not foresee and which could neither be caused nor influenced by triplanet, result in not insignificant difficulties in the fulfilment of the contract. A valid reason also exists if and insofar as this is necessary to eliminate not insignificant difficulties in the fulfilment of the contract due to loopholes that have arisen after the conclusion of the contract. A loophole may arise in particular if the case law on the validity of provisions of these GTC changes or a change in the law leads to the invalidity of one or more provisions of these GTC.

15.2 triplanet is entitled to change the agreed services if and insofar as this is necessary for a valid reason and the original relationship between service and consideration is maintained so that the change is reasonable for the customer. A valid reason exists in particular if the change is necessary to adapt to technical innovations or due to legal or official requirements.

15.3 The customer shall be notified of changes in accordance with clause 14.1 and/or 14.2 at least 6 weeks, but no more than 2 months, before the change is to take effect. In this notification, the customer shall be informed clearly and comprehensibly about the time and content of the change.

• 16 Consumer dispute resolution

triplanet points out with regard to the law on consumer dispute resolution that triplanet does not participate in dispute resolution proceedings before a consumer arbitration board.

If a consumer dispute resolution becomes mandatory for the travel agent after the printing of these terms and conditions for the brokerage of package holidays, triplanet will inform the consumer of this in an appropriate form.

triplanet refers to the European online dispute resolution platform for all contracts for package holidays concluded in electronic legal transactions http://ec.europa.eu/consumers/odr there.

• 17 Information on data protection

Information on the type, scope, location and purpose of the collection and use of the customer's personal data, on basic processing circumstances and on the customer's rights of organisation, choice and other rights of data subjects is provided in our Privacy policy provided.