Comtravo is a service of Comtravo GmbH, Schinkestraße 20, 12047 Berlin (hereinafter referred to as “Comtravo”).
Offering a quick, easy and straightforward service, Comtravo compiles business travel services on request and allows customers to book these directly. These General Terms and Conditions (“GTC”) govern the contractual relationship between Comtravo and the customer.
SECTION 1: VALIDITY OF THE GTC; DEFINITIONS
These GTC shall apply to all future individual contracts with the customer; this shall also apply if the validity of the GTC is not referred to again.
Conflicting, deviating or additional terms and conditions on the part of the customer shall only be deemed to have been agreed if Comtravo has confirmed them at least in text form (e.g. email). The GTC shall also apply without change if Comtravo provides its services without reservation in full knowledge of the customer’s own terms.
If Comtravo’s services are used on the basis of a framework contract concluded with the customer, the agreements contained therein shall take precedence over the GTC, and in all other respects, the framework contract with Comtravo shall be supplemented by these GTC.
A “consumer” is any natural person who enters into a legal transaction for purposes which are not predominantly attributable to their trade, business or professional activities.
An “entrepreneur” is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their or its trade, business or profession.
“Business travel services” means all individual services that Comtravo offers the customer to book on request (e.g. air travel, rental cars, hotels, other accommodation such as Airbnb).
“Services providers” means the natural persons or legal entities who or which provide the service(s) booked with Comtravo to the customer (e.g. airlines, landlords, rental car companies).
SECTION 2: SCOPE OF SERVICES; CONCLUSION OF CONTRACT; DOCUMENTS
Comtravo presents to customers – who do not act as consumers – the business travel services matching the customer’s request, subject to availability, in electronic form. Generally speaking, individual communication occurs between Comtravo and the customer (e.g. by telephone, email) – whereby the possibility to change between media at any time is possible and encouraged. The customer can book the selected business travel services directly from the list provided. Comtravo will take care of invoicing and further payment processing, including in particular the settlement of credit notes (if applicable).
If the customer specifies special requests during the booking process (e.g. quiet room, smoking/non-smoking room), these shall be non-binding until Comtravo confirms them at least in text form.
Unless otherwise agreed in individual cases, the tickets, travel tickets, vouchers and other documents required for the use of the business travel services booked by the customer are usually sent to them directly by Comtravo (by email) or, alternatively, by the service provider, or set aside.
The following applies to contracts concluded via “my.comtravo”: the contract languages are German and English. The customer can make a binding booking for the services presented at their request on my.comtravo. To do this, the customer enters the requested key data (in particular: destination, period) and selects the desired services from the search results presented to them. Assuming the customer does not use the option of receiving a monthly general invoice, they then enter their payment information and, by clicking on the button clearly marked as the final button, submit a binding offer to Comtravo to conclude a contract for the selected services under the conditions specified in the detailed description. Before clicking on this button, the customer may correct or change their selection and information entered by using the usual PC and browser functions (e.g. with the “back” function in their internet browser) or cancel the booking completely. Comtravo will confirm the booking to the customer without undue delay in text form (e.g. by email).
The contract text will be stored by Comtravo for a limited period in order to process the booking, and can no longer be retrieved via the internet after booking. Once contract processing is complete, Comtravo will erase the contract text unless Comtravo is prevented from doing so by mandatory retention obligations under tax or commercial law or by its own legitimate interests. In their own interest, the customer is requested to ensure that they print out or otherwise store a permanent copy of the contract text.
SECTION 3: RIGHTS AND OBLIGATIONS
The customer shall be obliged to pay Comtravo the agreed prices – as valid at the time of conclusion of the contract – for the booked business travel services. This shall also apply to business travel services which the customer subsequently books directly with the service provider (e.g. hotels, airlines, Deutsche Bahn) or which the service provider, at the customer’s request, has performed by third parties on behalf of the customer and pays for in advance.
If the customer books additional services (such as breakfast, parking, etc.) with the service provider in addition to the business travel services booked via Comtravo without paying the service provider for these, then Comtravo shall be authorised to debit the means of payment communicated by the customer to Comtravo directly in order to settle the claim.
In order to achieve favourable travel prices for the customer where possible, the customer authorises Comtravo to also book business travel services that contain individual services that the customer does not need, but which can be booked in order to achieve a more favourable final amount compared to booking the required service alone (e.g. booking a return flight even though the customer only requires a one-way flight). The customer does not incur any additional costs as a result of this, rather the aim of this approach is to minimise the customer’s costs.
All documents and confirmations which Comtravo sends to the customer following a booking must be carefully checked by the customer to make sure they are correct and complete; Comtravo must be notified immediately of any deviations, errors or if any expected documents are missing.
The customer shall take all reasonable measures to ensure that messages sent to and from Comtravo, in particular emails from Comtravo containing booking links, do not reach unauthorised persons. The customer shall ensure that only those persons within their company who are authorised to book business trips are able to send and receive messages to and from Comtravo. The customer shall ensure that offers from Comtravo are not sent out to email distribution lists and/or made accessible to unauthorised persons in any other way. The booking links contained in emails from Comtravo remain active until a booking is made, which means that even a third party not authorised to make a booking can trigger a binding booking if they have access to the relevant email from Comtravo.
In order to protect any personal data contained therein (such as name, passport, visa data), the customer shall not forward personally addressed messages from Comtravo to unauthorised persons, and shall use such messages exclusively in line with legal requirements and in accordance with any internal authorisation rules in place at the customer’s company.
It shall be the customer’s responsibility to take note of and observe the terms and conditions and other information provided by service providers, which may apply to the provision of the services in addition to these GTC; this applies in particular with regard to the different requirements of airlines regarding check-in, baggage, ticket deposit, booking changes and cancellation. In the case of international travel, the customer may have to prove at check-in and to the immigration authorities that they have a valid booking for a return flight. With this in mind, the customer is advised to print out their e-ticket for the return flight before the trip and to carry it with them. Comtravo has no way of influencing the terms and conditions of service providers. In some cases, these may not be available in German.
SECTION: 4 AIR TRAVEL SERVICES AND COMPENSATION
Comtravo searches for low-cost flight connections on behalf of the customer, including by combining separate outward and return flight tickets with different airlines. This approach means that different rules for the provision of the services may apply to each of the booked legs of the travel. Any changes to one of the two bookings shall not affect the other booking. In particular, any cancellation of an outward flight with one airline shall have no effect on a booking of a return flight with the other airline and vice versa, which means that the customer shall have no refund claims against the airline whose contract is not affected by the change.
In addition to arranging business travel services (Sec. 2, para. 1), Comtravo also provides customers with the following additional services by using specialized third-party service providers:
a) Issuing of information regarding refund and/or compensation claims (e.g., in accordance with the EU Flight Compensation Regulation) as a result of flight delays and/or cancellations on the basis of flight data and arranging a specialized third-party service provider, who will assert the compensation claim by using Comtravo’s travel data on behalf of the customer.
b) Issuing of information regarding required visas based on the travel data and arranging a specialized third-party service provider, who will handle the visa application and processing by using Comtravo’s travel data on behalf of the customer.
c) Fulfillment of the duty of care towards your employees when traveling abroad by providing trainings for the respective country, emergency structures and insurance cover for incidents, and up-to-date information and travel warnings for your destination.
d) Offering insurance services, e.g., regarding the reimbursement of rebooking or cancellation fees or for the assumption of deductibles in case of liability for rental car bookings.
e) Issuing of information regarding compensation claims as a result of train delays and/or cancellations on the basis of travel data and arranging a specialized third-party service provider, who will assert the compensation claim by using Comtravo’s travel data on behalf of the customer.
SECTION 5: PRICES; PAYMENT TERMS
Prices are final prices (excluding statutory value-added tax, unless the statutory value-added tax is already shown as included in the price). Any costs for Comtravo’s service will be communicated to the customer in good time during the booking process.
Comtravo will send the customer an electronic invoice by email immediately after conclusion of the contract, regardless of how the customer’s booking request was made. In addition, at the end of each month the customer shall receive a complete list of the bookings and credit notes made during the specified period as well as the invoices as PDF files by email.
If the customer does not settle invoices by the due date, they shall be in default without the need for a further reminder.
Comtravo’s pricing model includes significant third-party costs. Should there be an increase in the costs of the global distribution system (GDS) used by Comtravo or changes or updates to the services or increases in costs in the travel industry, or should the customer’s travel volume in the areas of air travel, car rental, rail travel or hotel bookings change compared to the assumptions originally made, Comtravo shall be entitled to adjust the remuneration for its service at its reasonable discretion. The customer shall be notified of any such remuneration adjustment in good time. In the event of such a price adjustment, the customer shall be entitled to terminate the contract within the stipulated period in accordance with the provisions of the concluded cooperation agreements.
If a service provider withholds, in whole or in part, any deposit or security (e.g. Airbnb, rental car) initially paid in advance by Comtravo, or asserts a claim for damages, Comtravo shall be entitled to invoice the customer for this withheld deposit or compensation or to take it directly into account in the monthly statement, provided that Comtravo, in return, cedes its claim for payment of the deposit or security deposit to the customer. The customer alone shall be responsible for proving to the service provider that the service provider is unjustified in withholding the deposit or asserting a claim for damages. Comtravo shall have no obligations in this respect.
SECTION 6: BOOKING CHANGES; CANCELLATIONS
The customer shall be obliged to make any booking changes and cancellations of confirmed bookings via Comtravo. The customer may send such requests by email to Comtravo. Comtravo shall check the possibility of changing or cancelling the booking and – if possible – submit an offer to change the booking to the customer electronically (preferably by email), stating any additional costs incurred.
While Comtravo’s service team will do everything it can to assist the customer in changing or cancelling binding bookings, it has no way of influencing the conditions of the service providers.
Fees charged by an airline in the event of cancellation may be up to 100% of the price of the flight ticket. These costs may be even higher if the previously booked fare class is no longer available.
Comtravo shall be entitled to charge an additional service fee per traveller for its services in connection with changing or cancelling business travel services (e.g. hotel reservations), the amount of which shall be agreed separately with the customer.
SECTION 7: TRANSFER OF DATA TO COMTRAVO; COMPLIANCE WITH DATA PROTECTION STANDARDS
The customer shall be obliged to transfer to Comtravo all data and information that Comtravo requires for the purpose of presenting and booking requested business travel services. Before transferring personal data of representatives, employees or other colleagues to Comtravo, the customer shall ensure that the data subjects have consented to the data transfer or that no such consent is required by law; this applies in particular to contact details (such as telephone number, email address). The customer undertakes to comply with all statutory provisions.
If the data and information provided to Comtravo within the meaning of Paragraph 1 change, the customer shall be obliged to inform Comtravo of the change without culpable delay, and to submit a corresponding rectification; notification by email is sufficient for this purpose. If Comtravo does not receive the required notification and is consequently unable to provide the service without defects, Comtravo reserves the right to suspend the provision of the service until the data has been completely rectified.
The customer shall inform Comtravo in good time of the departure from the company of any colleagues who have made bookings via Comtravo in the past, so that Comtravo can adjust the authorisations granted in their customer profile and also erase data sets that are no longer required, provided that the latter is not prevented by mandatory retention obligations under commercial and tax law or other legitimate interests on the part of Comtravo.
SECTION 8: CHANGES TO THESE GTC
Comtravo is entitled to change the GTC at any time for the future. The changed conditions shall be sent to the customer at the latest two months before they come into effect. The change shall be deemed approved by the customer and shall become part of the contract if the customer does not object to the change within six weeks of receipt of the notice of change. Should the customer object, Comtravo shall be entitled to extraordinary termination of the business relationship with three months’ notice. In the notice of change, Comtravo shall indicate the importance of the six-week period for exercising the customer’s right of objection as well as the legal consequences of objecting and of not objecting.
SECTION 9: INFORMATION ON DISPUTE RESOLUTION; FINAL PROVISIONS
The assignment and/or transfer of rights and/or obligations arising from this contract by the customer shall be subject to the prior written consent of Comtravo.
The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship between Comtravo and the customer shall be Berlin.
The legal relationship between the customer and Comtravo shall be governed exclusively by the laws of the Federal Republic of Germany.
Before attempting legal proceedings, the contractual parties agree that they shall first aim to resolve any conflicts and disputes in good faith out of court (except summary proceedings). In the event of a conflict, the customer may contact Comtravo’s customer service team, which can be reached by emailing email@example.com.