General terms and conditions of Unique Getaways
The general terms and conditions (“GTCs”) for the online travel portal of Unique Getaways, Berlin, are detailed below. Please read these through carefully, as they contain important information on your (hereinafter referred to as the “user”) relationship with Unique Getaways.
1. Scope and contractual relationship
1.1 Unique Getaways operates an online travel portal at the website www.theuniquegetaways.com (hereinafter referred to as the “website”). The user is able to contact Unique Getaways in order to obtain a quotations and to conclude the booking of his/her holiday. General information and advice is also available.
1.2 Unique Getaways offers use of the website exclusively for travel purposes. §§ 651 a–m of the German Civil Code (Bürgerliches Gesetzbuch, BGB) shall not apply.
1.3 The travel services shall be provided by Unique Getaways, Lehrter Strasse 24 E, Berlin 10557, Germany. Unique Getaways acts exclusively as an agent of the travel services of the respective provider and provides holiday packages in the name of and on the account of the providers.
1.4 The package concluded for travel services may be subject to the general terms and conditions of the respective provider. The terms of payment, due dates, liability, policy on cancellations, changes to bookings and repayments (where provided) in addition to other restrictions and obligations of the user may be regulated therein. The user acknowledges that these terms and conditions also constitute an integral component of the holiday offer concluded with the provider.
2. Duties of the customer, incl. verification of the booking confirmation and documentation
2.1 The user is obliged to verify the completeness and correctness of the booking confirmation provided for the travel services; this also applies to the identification documents, transport and/or accommodation documents provided (hereinafter referred to as the "travel documents”). Unique Getaways is to be notified immediately of any complaints regarding incomplete or incorrect booking confirmation(s) and/or travel documents (cf. 3.1). Insofar as a booking confirmation and/or travel documents require correction and the cause is not attributed to Unique Getaways (e.g. incorrect information, name spelling error, etc.), Unique Getaways shall levy a processing fee of EUR 25 per procedure (incl. applicable VAT) in addition to any fee that may be payable to the provider. The user is free to provide evidence that Unique Getaways actually only incurred lesser damage than claimed with the processing fee. Inaccuracies for which Unique Getaways is liable shall be corrected for the user at no charge. With regard to the fees charged by the providers for changes to the contract required/requested by the customer (e.g. withdrawal/change to a booking), reference is made to 3.4.
2.2 Unique Getaways is to be notified immediately of any shortcomings in its agency services and given the opportunity to remedy these. Should the user fail to provide notification, any claim of the user arising from the agency contract shall become invalid insofar as Unique Getaways would have been able to provide a remedy acceptable to the user.
3. Business and payment processing
3.1 Unique Getaways is on hand to assist users in case of any questions. It can be reached by calling +39 3285668339 (local rates apply for calls from landlines; mobile phone rates may vary depending on the provider). Alternatively, we can be reached via email (email@example.com). Business hours: Monday–Friday 8 a.m.– 8 p.m., Saturday–Sunday/public holidays 10 a.m.–6 p.m., Christmas Eve and New Year’s Eve 10 a.m.–4 p.m. We shall remain closed on the following national holidays: Good Friday, Easter Sunday, Whit Sunday, Christmas Day and Boxing Day
a) With conclusion of a booking, the provider may demand partial or full payment for the travel services. Partial payments are deducted from the holiday package price; they are due on the dates agreed. The outstanding balance is payable at the latest 30 days priori arrival.
b) As a rule, users are able to make the payments due to the Unique Getaways' travel services using a VISA, Eurocard, American Express or PayPal Plus. Certain providers offer other payment options – the user will be informed of these during the respective booking. Unique Getaways shall pass on the user’s credit card and/or bank account details to the business travel services provider if they are to process the payment. In the event of a payment using a credit card not belonging to the user, written consent from the credit card holder is required. Unique Getaways moreover reserves the right to conduct occasional security checks to counteract credit card misuse. For this reason, the user can be required to provide Unique Getaways with proof of their business address and/or to send a copy of the credit card by fax or mail before travel documents can be issued.
c) Unique Getaways reserves the right to send the user invoices via email as a PDF file with a signature file. The user is responsible for any necessary electronic archiving of the invoice documents.
4. Delivery of business travel documents
a) As a rule, travel documents shall be sent directly by Unique Getaways.
b) In principle, all travel documents are sent electronically (via email).
c) Particularly for the vouchers, reservation numbers, etc. shall be sent by email. The user is to present the provider with the aforementioned papers, numbers, etc.
4.1 Changes to the booking
a) Upon conclusion of a booking with the provider for the travel services, the conditions for changes to the booking required or requested by the user shall be subject to the conditions of the respective provider. Unique Getaways is entitled to invoice the user on behalf of the respective provider for any costs and/or fees arising from changes to the booking and to collect or deduct this amount.
b) In case of a change to the booking required or requested by the customer, Unique Getaways is moreover entitled to levy its own service fee in addition to the fee charged by the respective provider. The user shall be informed of the respective service fee payable prior to submitting their declaration regarding the change to the booking.
5. Liability of Unique Getaways
5.1 Unique Getaways shall not be liable for the success of the procurement and/or the actual/fault-free provision of travel services themselves, but rather only for ensuring that the procurement is carried out with the due diligence of a prudent business person.
5.2 Unique Getaways shall assume no liability whatsoever for implementation of the travel services presented or booked on the website, nor provide any guaranties for their suitability for specific purposes or their quality. The respective provider is responsible for this.
5.3 Unique Getaways shall attempt to a reasonable extent to ensure that the information, software and other data available on the website, particularly with regard to the prices, restrictions and dates, are up-to-date, complete and correct at the time of publication. The individual information on the business travel services is based on the information from the provider. Unique Getaways does not assume any liability whatsoever for this.
5.4 All travel services detailed on the website are only available on a limited basis. Unique Getaways shall not be liable for the availability of a travel service at the time of booking.
5.5 Unique Getaways assumes no liability whatsoever for the accuracy, completeness or reliability of other third-party content.
5.6 The exclusions detailed in 5.3 to 5.5 shall not apply if Unique Getaways was aware of faulty and/or incorrect information or should have been aware if applying the due diligence and care customary in the industry. In this respect, the liability of Unique Getaways for having ought to have known of such circumstances shall nevertheless be limited to cases of willful intent or gross negligence.
5.7 Unique Getaways shall not be liable for any loss, destruction and/or damage to the travel documents relating to their delivery for which they are not responsible.
5.8 Unique Getaways shall not be liable for the consequences of force majeure. This includes orders from competent authorities, wars, civil unrest, aircraft hijackings, terror attacks, fires, flooding, power outage, accidents, storms, strikes, lockouts or any other industrial action affecting the services of Unique Getaways or their suppliers.
6. Final provisions
6.1 The user is only able to offset claims against Unique Getaways that have been legally determined or are undisputed.
6.2 Unique Getaways reserves the right to modify these terms and conditions at any time with effect for the future without any obligation to notify the user. The most recent version of the terms and conditions shall be made available on the website from the time that it comes into force. With their continued use of the website after a change to the terms and conditions, the user declares their acceptance of the changes.
6.3 These terms and conditions contain all of the agreements reached in the agency agreement existing between the user and Unique Getaways. They supersede all previous agreements, regardless of whether these were made verbally, electronically or in writing.
6.4 The contractual relationship between the user and Unique Getaways is subject to the laws of the Federal Republic of Germany, regardless of the user’s nationality.
6.5 Should one of the above provisions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision is to be replaced with a provision most closely approximating the economic purpose of the provision to replace.
VAT ID no. DE328573944
Managing Director: Alina Fekete
Last updated: 4th June 2020