General Terms and Conditions SAHMER LLC – Suay Tur travel agency
1. Application Field, Agreement to Mediate
These General Terms and Conditions are valid for all entries committed through SAHMER LLC-Suay Tur travel agency (hereinafter referred to as “Suay Tur”). Suay Tur mediates all (travel) activities of third party. Suay Tur offers no travel activities on its own responsibility. In case of entry, (travel) agreement about relative activity comes into existence directly between you and relevant hotel, especially possible demands and obligations concerning this activity consist of §651a ff. Federal Law Code directly and only between you and relative hotel.
Ageny/Mediation Agreement, on which no regulation of §651 a ff. Federal Law Code is applicable, comes into existing between you and Suay Tur in the framework of entry.
The following conditions are valid only for activity of Suay Tur to mediate and collect and have no effect on the conditions, which are applied in place of accommodation. In this respect, relevant, valid price lists and conditions of the relevant hotels are pointed out.
a) By signature of the agreement, you offer conclusion of the agreement to the relevant hotel through Suay Tur. Each entry is sent to the relevant hotel through the agency of Suay Tur as offeree sender on its behalf. Conclusion of the agreement comes into existence in case of the entry acceptance through Suay Tur in Munich as offeree sender for the relevant hotel.
b) Suay Tur informs you with sending of the entry confirmation about the acceptance. Room entries without entry confirmation are invalid. The entry confirmation is sent to client via fax, post or e-mail and according to the preference of the client via SMS as short information. Furthermore, Suay Tur offers no guarantee for the receipt of confirmation via e-mail or SMS, because of the technical insecurities. Effect of the entry remains unaffected.
c) If subject matter of entry confirmation sent by Suay Tur differs from subject matter of your registration, the relevant hotel is obligated to inform new offer within 3 days. Entry comes into existence on basis of new offer, if you declare acceptance of new offer through the agency of Suay Tur as offeree sender within this deadline.
d) Mediation through Suay Tur is for you free of charge. Commercial reselling of rooms mediated through the agency of Suay Tur is therefore prohibited. Thus remediating of room contingents to third party with more price than Suay Tur offered is not allowed. Suay Tur owns the right for the relevant hotel, to deny transfer to third party or to cancel sale to third party, when in case of transfer/sale the traveller gives false information about type of the entry to third party or the payment effects. Neither the initial clients nor the client, who is transferred to, have offer for accomplishment of the accommodation.
a) You pay the price concluded and confirmed to Suay Tur or after negotiation with Suay Tur directly in hotel. Suay Tur as mediater undertakes the financial activity between you and relevant hotel on behalf of hotel and for bill of relevant hotel and is authorized to take encashment of price as encashment place.
b) Total price has to be paid to Suay Tur within 2 weeks as of entry date, otherwise the entry is invalid. The right of Suay Tur to demand cancellation cost owing to Number 5. a) remains unaffected in this case.
4. Reservation Modalities
a) The standard reservation (reservation according to list price without discount) is basically preserved till 16.00 o’clock according to local time of arrival day by hotel. In case of no arrival till 19.00 o’clock according to the local time of the arrival day, your reservation is cancelled as fee required on behalf of the hotel by Suay Tur. If arrival only after 16.00 o’clock according to local time happens, traveller directly has to inform hotel about estimated time of arrival and has to get information of entry confirmed in hotel.
b) The guaranteed reservation (can’t be cancelled because of discounts) is preserved whole night by hotel.
c) In case of cancellation for no on-time or no arrival, the company Suay Tur can withhold the whole price of accommodation as cancellation cost for hotel.
d) Individual cancellation conditions of hotel are applied for block activities and prices, which are binding to special conditions. External services of block (for example entrance cards, musical tickets) can’t be cancelled as free of charge.
5. Additional Charges for Adjusting Entry and Stand-by
In case of adjusting entries or application of stand-by instead of the client stated in entry, lump sum of additional charges is paid in amount of €30 for each adjusting entry and stand-by.
6. Cancellation and Costs of Cancellation
a) You can cancel reservation until begin of stay all the time. For that, entry number should be stated. In order to avoid misunderstandings, all changes and cancellations should be always applied through Suay Tur via telefax number 0049/89/330 92 457. The time, when the message is in receipt by Suay Tur or relevant hotel, is decisive time for cancellation. In case of direct cancellation between hotel and traveller, a copy of cancel-declaration should be sent to Suay Tur.
In case of on-time cancellation, prior to beginning of stay, a cancellation number is given. This is a proof of cancellation and therefore it should be unconditionally saved.
It is declared that, relevant hotels demand payment as compensation of taken measurements and costs. The following listing is applied to regular list prices without discounts. If client cancels reservation
1) prior to beginning of stay until 4 weeks pays 30% of total price
2) prior to beginning of stay until 3 weeks pays 60% of total price
3) prior to beginning of stay until 2 weeks pays 80% of total price
4) prior to beginning of stay less than 1 week pays 90% of total price
5) on the day stay begins or not arriving 100% of total price.
Evidence declaring no or less prices than cancellation costs as calculated remains formally reserved for client.
IMPORTANT, please consider when discounts offered: In case of early entry discount or other discounts, relevant hotels always demand total price as cancellation cost when resigning prior to beginning of stay, because of scant of price calculation. This is not applied when force majeure.
Relevant cancellation costs are withhold for hotel by Suay Tur or should be paid to Suay Tur for hotel by client.
b) In order to avoid entry abuse and not to disturb relevant hotel with unnecessary false entries, Suay Tur preserves the right to cancel an entry in particular case, if consultation call is not possible for Suay Tur via telephone number declared by client. There is no demand for accommodation in these cases. The same is applied, when cumulative entries are declared via e-mail address, which client is not reported or consultation of Suay Tur in the same way remains without success, by client. In order to avoid expectation occurred because of false entry attempted from the first and to avoid cancellation, you can arrange a guaranteed reservation through declaration of credit card number.
7. Categories and Information of Hotel
The international general hotel classification related to stars gives nonbinding reference about hotel standard. Hotel classification declared is based on self-evaluation of relevant hotel. All additional information and descriptions of hotel are based on own declaration of relevant hotel. Suay Tur has no responsibility for these classifications, information and descriptions.
a) All prices – special prices for current year and current the most favorable pricing days- are binding, concluded room prices, which are in the name of hotel declared and applied to reservations applied through the agency of Suay Tur. Resigning and insurance costs are not concluded in prices.
b) Last-minute, season, weekend or special campaign prices Suay Tur has are automatically taken into consideration. Binding room prices offered are guaranteed for each reservation applied.
c) Room prices, which are sent from an external system to Suay Tur, take place in permanent updating process of Suay Tur. Nevertheless it can’t be totally ignored that, room may have different price declared in hotel list. In that case, binding price for reservation is declared first by Suay Tur.
9. Limitation of Liability
In case of possible damages in respect to mediation activity, Suay Tur is responsible only for intent or rough act of negligence, except damages to life, body or health.
10. Data Privacy
Data declared by you is used by Suay Tur. The data is only forwarded, when it is necessary for entry. Forwarding for other purposes is not applied. For the rest, Suay Tur complies with the legal terms of data privacy. Suay Tur shall not forward your data to third party without allowance or use besides. If information is collected and forwarded for statistic, this information consists of no personal data.
All declarations are collected with greatest concern. No responsibility for possible mistake is accepted during data collection or data transfer. Transfer of data to another data carrier, in excerpts too, or usage for other purposes, which are not stated, are allowed only with formally allowance of Suay Tur.
12. Applicable Law, Place of Jurisdiction, Subsidiary Agreements.
German law is applied. Place of performance is Munich. Munich is concluded as place of jurisdiction for traders or people, who have no general, German place of jurisdiction. Otherwise, legal place of jurisdiction is applied. Oral subsidiary agreements are invalid. Changes and additions should be in written form.
13. Separability Clause
If solo terms of these General Terms and Conditions are totally or partly not agreement part any more or ineffective, rest of the agreement remains effective. Provided that the terms are not agreement part or ineffective, subject matter of the agreement are judged according to legal regulations.