1.1 Scope of Application
These general terms and conditions apply to all business relations between us (ADAC Travel & Event Mittelrhein GmbH, Viktoriastraße 15, 56058 Koblenz, represented by its Managing Directors Curt Beckmann, Helmut Ferdinand, Marc Hennerici) and you in the version valid at the time the contract is concluded. Should you use conflicting general terms and conditions, these are hereby expressly rejected.
1.2 Contract Agreement
The contract language is German.
"Suppliers" are companies whose offers are brokered via our platform.
"Customers" are buyers of the services provided and users of our platform. A customer can only be a natural person that has reached the age of 18 years, or a legal person or partnership that has been represented by a person authorized to represent it at the time of registration.
In order to use the full scope of our website, it is first of all necessary to create a customer account. In this connection the data required for the provision of services by us will be queried. The entries are confirmed by clicking on the "Register" button. Afterwards, you will receive a confirmation e-mail with the details required for a login. The registration is completed when you have logged into our website with these details for the first time.
The password which enables access to your personal area must be treated strictly confidential and should not be shared with third parties under any circumstances. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. A customer account cannot be transferred to other users or other third parties. We are not liable for damages caused by the misuse of the password.
1.4 Storage of the Contract Text
The contract text will be stored by us and sent to you in text form (e.g. by e-mail, fax or mail) after sending your order, together with the present general terms and conditions and customer information. After sending your order, you can no longer retrieve the text of the contract via the website. You can use the browser's print function to print out the relevant website with the contract text.
2. Performance Description
2.1 General Information
Registered customers can buy ferry tickets from our vendors via our platform. Here we only act as intermediaries and only make our platform available. If an order for goods is placed, we do not become a contractual partner. Only vendor and customer are contract partners.
The advertising of the particular offers is carried out by us. We reserve the right to adapt the content supplied by the vendor to the design used on our platform or to carry out the necessary formatting. In principle, we do not check whether the content transmitted to us by the vendor or the information provided by the customer is legal, truthful and complete. We only post the information on our platform.
2.2 Performance of Services
We are entitled to have the contract or parts of the contract performed by third parties.
2.3 Delays in Performance
We are not responsible for delays in performance due to force majeure and/or extraordinary and unforeseeable events that cannot be prevented by us even with the utmost care (this includes in particular strikes, official or court orders and cases of incorrect or improper self-supply despite cover transactions to that effect). Such events entitle us to postpone performance for the duration of the obstructive event.
In the event of unavailability for the aforementioned reasons, we may withdraw from the contract. We undertake to inform you immediately about the non-availability and to reimburse any payments already made without delay.
2.5 Time of Performance
Unless expressly agreed otherwise, we shall render the service within one day. The commencement of the period for performance starts with the conclusion of the contract. The period ends on the following day. If this day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of performance, the period ends on the next working day.
2.6 Further Development of Service / Availability
We endeavor to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable in view of your interests as a contractual partner. We are entitled to interrupt the platform operation partially or completely within reasonable limits for the purposes of updating and maintenance. We do not guarantee the availability of the offered services at any time. Furthermore, we do not guarantee that the services offered or parts thereof will be made available and can be used from any location.
The use of our platform as a customer is free of charge for you.
When a contract is concluded between vendor and customer, we accept the customer's payments on behalf of the vendor. We act in the name of the vendor.
4. Conclusion of Contract between Supplier and Customer
4.1 Via Platform
We offer our platform to give customers the opportunity to purchase tickets from our vendors. However, we do not become contractual partners ourselves and only make our platform available to vendors and customers.
The conclusion of a contract by the customer with the vendor consists of a total of four steps. In the first step, the customer selects the necessary details for his journey (outward and/or return journey, start and destination, date and time). In the second step, the customer selects the accommodation and receives an overview of the ticket vendor. In the third step, the customer has the possibility to specify the vehicle he wants to take with him on the ferry (if any) and can indicate whether he intends to take pets with him. In the fourth step, the customer receives a binding offer from the ticket vendor via "Price calculation" button. Vendors guarantee that tickets will only be offered as long as a contingent is still available.
The customer then has 15 minutes to accept the binding offer of the ticket vendor. To do this, the customer must indicate his personal data, delivery address and, if applicable, a different billing address and, in a next step, deposit his payment information and confirm these General Terms and Conditions and the additional provisions of the vendor. Next, he can click on the button "Booking with payment". With the confirmation of the button "Booking with payment" the customer bindingly declares the acceptance of the contract offer. With the acceptance, the contract comes into effect with the inclusion of the additional provisions (e.g. the vendor's own general terms and conditions and revocation instructions).
A separate storage of the contract text by the vendor does not take place. However, the customer can print it out after conclusion of the contract using the print function of his browser.
4.2 Inquiry via Form
Alternatively, you can also send us a non-binding price inquiry or a travel registration using the form provided. In case of a travel registration, the form represents your binding contract offer to the vendor that he can accept within two weeks. Through the acceptance, the contract between you and the vendor is concluded. We only act as intermediaries. The contract content results from the agreement, a separate storage of the contract text does not take place.
5. Resale of Tickets
You are not allowed to sell the tickets to commercial dealers. You are also prohibited from reselling tickets to third parties for commercial purposes.
Doppelt, siehe Punkt 2.6, bitte auch auf deutscher Seite ändern.
7. Use of Content
By entering content into our database, you grant us the right to use this content indefinitely for the purpose of entering and keeping it available in the database and for retrieval by third parties, to the extent contractually reasonable, and in particular to store, reproduce, keep ready, transmit, link and publish the content. This can come to pass by or in the form of advertising material provided by us or by advertising material provided by third parties.
Furthermore, we shall be entitled to revise the contents to a contractually reasonable extent, in particular if they do not comply with the above-mentioned requirements of these General Terms and Conditions.
8. Term and Termination
8.1 Termination of a customer account
The user relationship is concluded for an indefinite period. It begins with the activation of the account and can be terminated by the customer at any time by deleting his profile via the usual account deletion routine or by termination in written text which is sent to us.
8.2 Termination without Notice
The right to terminate without notice for good cause remains unaffected.
An important reason exists in particular
- if the customer provides incorrect information within the framework of the rating system,
- if the customer provided incorrect or incomplete information during the registration process, or
- if the customer repeatedly breaches other contractual obligations and does not refrain from breaching such obligations even upon our request.
9.1 Exclusion of Liability
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as material contractual obligations (i.e. obligations whose observance is of particular importance for the achievement of the purpose of the contract) are concerned, liability shall also be assumed for slight negligence. The liability is limited to the foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, we shall be liable to entrepreneurs only to the extent of the foreseeable damage typical of the contract.
9.2 Reservation of Liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
10. Final Provisions
10.1 Place of Jurisdiction
Our exclusive place of jurisdiction is our place of business for all legal disputes arising from this contract in case you are a merchant, a legal entity under public law or a special fund under public law or if you do not have a place of jurisdiction in the Federal Republic of Germany.
10.2 Choice of Law
As far as there are no compelling legal regulations according to your home right, German law is considered as agreed under exclusion of the UN purchase right.
10.3 Consumer Dispute Settlement Proceedings
The EU Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the OS platform via the following link: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure before a consumer mediation body.
10.4 Severability Clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.