Terms and conditions for the mediation of tourism services
to media agencies

Dear Business Partner,

thank you for the trust you have placed in us by commissioning us to arrange your travel services for your business purposes. We use all our strength and experience to provide you with the best possible advice and to complete your mediation to your complete satisfaction. Clear agreements on mutual rights and obligations help to achieve this. This agreement is made between us, Inti Media Tours, hereinafter referred to as "IMT", and you, the client, hereinafter referred to as "CLIENT", in the form of these terms and conditions. These become the content of the mediation agreement between you and us with your mediation mandate.

1. Position of IMT, conclusion of contract, applicable law; general agreement business trips

1.1. With the issuing of the agency assignment, the agency agreement is concluded between IMT and the CLIENT as an agency contract.

1.2 IMT shall act exclusively as an intermediary in accordance with the following conditions. This shall not apply if IMT has directly committed itself to providing its own services in accordance with the contractual agreements. The provision of such services, which IMT owes as direct own contractual services, is not subject to the present conditions, but rather to the travel conditions of IMT.

1.3 In the case of agencies or other commercial companies, IMT's contractual partner is exclusively the CLIENT himself. The latter is therefore the sole party liable to pay IMT. This shall also apply in the event that the CLIENT has concluded agreements with partners or employees – with or without the knowledge of IMT - on the assumption of costs or cost sharing. It shall apply in particular if individual mediated services, cancellation costs or other claims are invoiced or charged directly to third parties at the request of the CLIENT. Such invoicing to third parties does not exempt the CLIENT from his obligation to pay IMT.

1.4. The mutual rights and obligations of the customer and of XXX result, insofar as this does not conflict with mandatory statutory provisions, from the agreements made contractually in the individual case, these terms and conditions and the statutory provisions, in particular §§ 675, 631 ff. BGB (German Civil Code) on the provision of services against payment.

1.5 Through the mediation of IMT, direct contractual relationships are established between the service providers (airlines, hotels, car rental companies, etc.) and the CLIENT. The nature and scope of the services to be provided, warranty and liability are therefore determined exclusively in the relationship between the respective tourist service provider and the CLIENT and in accordance with the agreements made with these tourist service providers, in particular their general terms and conditions, insofar as they have been agreed with the client directly or, in his representation, by IMT.

1.6 Within the framework of the mediation contract IMT is in principle entitled to agree, or to recognize as binding, the booking, transport and other business conditions of the tourist service providers on behalf of and on the authority of the CLIENT as part of the contracts between the CLIENT and the service provider. There is no obligation to verify the legal admissibility or customary practice of such conditions.

1.7. For the business purposes of the CLIENT, IMT is commissioned to organise travel for business purposes (business trips). The CLIENT and IMT agree that the service is intended for business purposes, provided that an invoice is issued to the company of the CLIENT or to named customers of the CLIENT. This includes arranging individual or multiple travel services.

b) The parties agree for all future contracts of the CLIENT with IMT according to § 651a par. 5 no. 3 BGB (German Civil Code) with this framework agreement that the provisions of §§ 651a ff BGB and art.250ff EGBGB (Introductory Act to the German Civil Code) do not apply to all services of IMT within the scope of this agreement.

c) These terms and conditions shall also apply to all future contracts of the CLIENT with IMT, even if these terms and conditions have not been expressly agreed, referred to or declared applicable.

d) The general terms and conditions of the CLIENT are not valid for the contractual relationship with IMT, even if they have been declared applicable by the CLIENT and not even if IMT does not contradict these conditions.

2. Information, advice, personal requirements

2.1. In providing advice and information, IMT is liable within the framework of the law and the contractual agreements for the correct selection of the information source and the correct transmission to the CLIENT.

2.2. An information contract with a primary contractual obligation for the provision of information is only concluded with a corresponding express agreement.

2.3 IMT shall not be liable for the accuracy of the information provided unless a special information contract has been concluded.

2.4 Without express agreement, IMT is not obliged to determine and/or offer the cheapest provider of the desired tourist service.

2.5 Without special express written agreement, it is not IMT's responsibility, but of the CLIENT and his employees themselves, to check before the conclusion of the contract and before the start of the journey, whether their luggage and equipment, both private and necessary for the purpose of their business travel, meet the requirements of travel, means of transport and place of travel, in particular with regard to climatic conditions, theft protection and corresponding import permits as well as insurance and customs requirements.

2.6 Furthermore, without a special express written agreement, it is not the responsibility of IMT but of the client and his participants to check whether their personal health disposition meets the requirements of the travel country, the means of transport and the various travel activities. IMT does not have a general obligation to inform about travel medical precautions.

2.7 IMT accepts special requests only for forwarding to the service provider to be arranged. Unless otherwise expressly agreed, IMT shall not be responsible for the fulfilment of such special requests. These are also not a condition or contractual basis for the agency order or for the booking declaration of the customer to be transmitted by the agent to the service provider. The CLIENT is informed that special requests as a rule become the content of the contractual obligations of the service provider only by explicit confirmation of the service provider.

3. Visas, certificates, permits

3.1. The procurement of visas is only carried out by IMT with the express order of the CLIENT. IMT is entitled to charge the CLIENT the costs incurred and a processing fee, at least € 50 (incl. VAT) per visa processing.

3.2 IMT shall not be liable for the timely issue and timely access of necessary visas, insofar as IMT is not responsible for the delay.

3.3. For the procurement of other certificates, documents, attestations, official permits, shooting permits, access permits, etc. 3.1. and 3.2 shall apply accordingly.

4. Booking processing, travel documents

4.1 IMT is entitled to deviate from the booking specifications of the CLIENT if IMT can assume, according to the circumstances, that the CLIENT would approve the deviation. This shall only apply in so far as it is not possible for IMT to inform the CLIENT beforehand of the deviation and to ask for his decision.

4.2. IMT, as well as the CLIENT himself, are obliged to check the booking confirmations of the mediated company(ies), flight tickets, hotel vouchers, visas, insurance certificates and other travel documents handed over to him by IMT for correctness and completeness, in particular for conformity with the booking and with the mediation order.

4.3 The CLIENT is obliged to inform IMT immediately of any deviations, missing documents or other discrepancies.

5. Reimbursement of expenses, processing fee

5.1. IMT can, even if a contract with a company to be mediated is not concluded, demand reimbursement of expenses if this was expressly agreed when the order was placed.

5.2 IMT may also demand reimbursement of expenses and a processing fee in the following cases, in which expenses and work effort arise due to special circumstances during the mediation, which are not covered by fees paid by the tourism provider to IMT:

The procurement of visas ( see section 3.1)
The procurement of other documents, insofar as they are not part of the usual travel documents
Phone, fax and other communication fees for requests for short-term bookings made 7 days before or after the start of the trip
In the case of special requests upon demand of the CLIENT as well as in the case of general booking requests for which we can prove an effort above the usual scope
For the processing of cancellation procedures, insofar as this goes beyond the forwarding of the cancellation notice to the organiser and the cancellation invoice to the CLIENT

5.3 The claim for reimbursement of expenses comprises the cash expenses of IMT for phone, fax and other communication fees as well as postage and - unless otherwise agreed - a processing flat fee of € 100,- per booking.

5.4 IMT can also claim the reimbursement of expenses from the CLIENT insofar as IMT has paid the price of an arranged travel service or cancellation costs to the supplier/service provider, taking into account the statutory provisions. The CLIENT cannot oppose this claim by way of warranty claims against the supplier/service provider, unless IMT is jointly liable under the mediation contract.

6. Liability

6.1. Unless IMT has assumed a corresponding further contractual obligation by explicit agreement with the CLIENT, IMT is only liable for proper fulfilment of the mediation obligations. These mediation obligations include, in particular, the legally effective transmission of the offer to conclude the contract with the service providers to be mediated and, in the event of acceptance of the contract offer by the service providers to be mediated, the transmission of the contract confirmation in the name and for the account of the mediated service provider.

6.2. The contractual liability of IMT for any damages of the CLIENT, which are not physical damages, is limited to three times the value of the travel service arranged, insofar as the damage of the CLIENT was caused by IMT neither intentionally nor grossly negligently or IMT is responsible for a damage solely due to the fault of a vicarious agent. This also applies to damages resulting from the violation of pre-contractual obligations and contractual ancillary obligations.

6.3. IMT is not liable for the proper performance of the mediated services itself. In particular in the case of the mediation of a totality of travel services, the contracting parties are exclusively the respective companies which provide the tourist service. This does not apply if, according to the circumstances of the booking, it appears that IMT provides such services on its own responsibility.

6.4. If IMT has the position of a contractual carrier when booking flights, the liability of IMT for domestic flights is exclusively determined by the provisions of the Aviation Act of the Federal Republic of Germany, for international flights by the international conventions of Montreal or the conventions of Warsaw, Guadalajara and The Hague, as far as they are applicable.

6.5. If the CLIENT culpably fails to comply with his obligation to inform IMT immediately of any deviations, missing documents or other discrepancies with regard to the travel documents (see section 4.2), he shall be jointly responsible for any resulting damage (§ 254 BGB). If the error was not recognizable for us by applying due diligence, IMT's liability is completely waived.

6.6. In case of complaints against the mediated companies, the obligation of IMT is limited to the provision of all information and documents which are of importance for the CLIENT for this purpose, in particular the communication of names and addresses of the booked companies. There is no obligation on our part to forward complaints or to conduct further correspondence for IMT.

6.7 IMT is not liable in particular for the fact that the tourist services provided, the travel locations, the "locations", the persons provided and the conditions during the trip and/or at the place of travel with regard to the environment, weather, light and any other circumstances, generally or at the time of intended shooting, are suitable for the purposes of the CLIENT. Such assumptions or expectations are neither accepted by IMT as a contractual condition of the mediation agreement nor as a booking condition for the contracts to be negotiated, nor as a business basis. If the CLIENT wishes to make such requirements the basis of business or the condition for a contract with a mediated service provider, it is up to the CLIENT himself to make appropriate agreements with the respective service provider.

7. Collection, payments, prices

7.1. IMT shall be entitled to demand advance payments in accordance with the travel and payment regulations of the mediated companies. IMT can request further advance payments in compliance with the legal provisions if an express agreement has been made in this respect.

7.2. As far as it is ensured that this is done against the handing over of the complete travel documents, IMT is entitled to disburse the price of the mediated services against the mediated company. IMT is obliged to comply with the legal provisions concerning the advance payment obligation of the CLIENT. We can demand from the CLIENT the reimbursement of these expenses in accordance with section 5.4.

7.3 As an agent, IMT has no influence on price increases of the mediated service providers. IMT is not obliged to check price increases of the service providers for legality. IMT's claim for reimbursement of disbursed amounts also includes amounts due to price increases. The CLIENT is entitled and obliged to clarify claims arising from unjustified price increases directly in the contractual relationship with the service providers.

8. Assertion; Limitation period

8.1. All claims arising from the mediation contract, irrespective of the legal reason, shall be asserted by the CLIENT against IMT immediately after the end of the trip agreed with the service provider. Claims against IMT in case of non-immediate assertion shall only not be forfeited if the immediate assertion was not made through no fault.

8.2. Claims against IMT - with the exception of claims arising from unlawful acts - are subject to a limitation period of 1 year from the contractual date of return. Section 203 BGB applies to the suspension of the limitation period.

9. Special arrangements related to pandemics (in particular the Corona virus)

9.1 Without an express agreement, IMT is not obliged to inform the customer about any general regulations at the destination of the travel service in connection with pandemics (in particular the Corona virus).

9.2 The parties agree that the travel services mediated are always provided by the respective mediated service providers in compliance with and in accordance with the official requirements and conditions applicable at the time of travel.

9.3 The CLIENT agrees on behalf of all travellers to observe reasonable usage regulations or restrictions of the mediated service providers when using travel services and to notify the mediated service provider immediately in the event of typical symptoms of illness occurring.

10. Alternative dispute resolution; Choice of law, place of jurisdiction

10.1 As a matter of precaution, IMT points out with regard to the Consumer Dispute Resolution Act that IMT does not participate in a voluntary consumer dispute resolution. If a consumer dispute settlement would become mandatory for IMT after these agency conditions have been printed, IMT will inform consumers accordingly in an appropriate form. IMT refers to the European online dispute settlement platform ec.europa.eu/consumers/odr/ for all contracts concluded in electronic legal transactions.

10.2 The following provisions on the choice of law and the place of jurisdiction shall apply insofar as

a) in international agreements, which are applicable to the legal and contractual relationship between the CLIENT and IMT, nothing deviating is mandatory regulated

b) relevant provisions are not more favourable for the CLIENT, as a national of a member state of the European Community according to provisions of the law of his state. 10.3 German law shall apply exclusively to the entire legal and contractual relationship between IMT and the CLIENT. This shall also apply in the case of a foreign court of jurisdiction in accordance with the provisions of 10.2 for the nature and amount of any claims.

10.4 Actions against IMT can only be filed at its registered office.

10.5 For actions of IMT against the CLIENT, insofar as the CLIENT is a merchant, a legal entity under public or private law, has no place of residence or business or habitual abode in Germany, or whose place of residence or business is not known at the time the action is brought, the place of business of IMT shall be exclusive.

Terms and conditions for the mediation of tourism services to media agencies