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Terms

General Terms and Conditions (Own Services)

Date of last change: 06.10.2021

1. Subject matter

1.1 These General Terms and Conditions (Own Services) regulate the legal relationship between Nausithous Digital Solutions GmbH, Niederstraße 29, 40789 Monheim, (hereinafter “sitback.travel”) and its customers in cases where sitback.travel itself be-comes a contractual partner in a contract for a travel service on the basis of the concluded Framework Agreement. They do not apply to cases in which sitback.travel merely intermediates contracts for travel services. In these cases, the General Agency Terms and Conditions shall apply.

1.2 The General Terms and Conditions (Own Services) are exclusively addressed to Business Customers and their Authorised Employees who book and process travel services via the sitback.travel Web Tool or App (hereinafter jointly referred to as the “Platform”) on the basis of the Customer’s Travel Policy for business travel on official business.

1.3 These General Terms and Conditions for Own Services apply exclusively to entrepreneurs within the meaning of section 14 of the German Civil Code (BGB). They supplement the provisions of the Framework Agreement concluded with sitback.travel. Deviating terms and conditions of the Customer are objected to and are therefore not agreed.

2. Conclusion of contract

2.1 sitback.travel and the Customer conclude a contract for the provision of a travel service via the Platform.

2.2 By clicking the booking button on the Platform, the Customer or the Customer’s Authorised Employee submits a legally binding offer to conclude a contract for the respectively selected travel service at the specified travel price. If sitback.travel sends a confirmation that the Customer’s offer has been received before sending a booking confirmation, this shall not constitute acceptance of the Customer’s offer. The contract for the travel service comes into effect with the sending of the booking confirmation by sitback.travel. As a rule, sitback.travel sends the vouchers or other documents required for the use of the travel service to the Customer or Authorised Employee by e-mail.

2.3 Depending on the travel service booked, sitback.travel will provide the Customer with additional, special travel contract conditions prior to booking, which contain further specific details and conditions regarding the contractual travel service. The Customer may take note of these prior to booking.

2.4 sitback.travel provides the Customer with the booked travel service. Sitback.travel uses a provider, such as an airline, hotel or car rental company, to fulfil the contractual obligations towards the Customer.

3. Rights and obligations of the customer

3.1 The Customer shall pay the travel price in accordance with the chosen method of payment (deposited company credit card, (collective) invoice) without delay or, in the case of an agreed collective invoice, in accordance with the agreed payment deadlines.

3.2 If the travel service provided does not comply with the contractual agreements, the Customer or the employee actually undertaking the travel (hereinafter “travelling employee”) must report this immediately to the provider and additionally to sitback.travel.

3.3 Depending on the specific type of travel service booked, the Customer or the travelling employee may be required to pay a deposit before using the travel service. This is usually to be paid directly to the provider (e.g. rental car company, accommodation). If the deposit is paid out by sitback.travel and is retained in full or in part by the provider, sitback.travel is entitled to charge the retained deposit to the Customer, insofar as sitback.travel in return assigns its claim to payment of the deposit to the Customer. It is the sole responsibility of the Customer to prove to the provider that the retention of the deposit was unlawful.

4. Rebookings, withdrawal, termination

4.1 Should the Customer subsequently wish to make a rebooking (e.g. change of travel dates, booking class), this must be requested individually at sitback.travel. sitback.travel will inform the Customer under which conditions a rebooking is possible, in particular, which additional costs are incurred. sitback.travel may charge a fee for making rebookings. A rebooking shall only be considered as effectively agreed if it is confirmed by sitback.travel.

4.2 Bookings made by the Customer and its Authorised Employees shall be binding in general. Accordingly, a withdrawal from the contract on the travel service or a cancellation are only possible after a separate agreement. If sitback.travel does not agree to a withdrawal or termination, the Customer must in principle pay the agreed travel price even in the event of non-utilisation. sitback.travel must, however, allow any saved expenses and income from any other use of the travel services to be offset.

5. Information on passport, visa, foreign exchange and health regulations

5.1 sitback.travel accepts no liability whatsoever for information relating to passport, visa and health regulations. sitback.travel is not obliged to provide information in this regard. Insofar as sitback.travel passes on this information, including on its website, sitback.travel gives no assurance or guarantee with regard to the correctness, completeness or up-to-dateness of this information. The liability of sitback.travel is excluded in this respect.

5.2 Each customer and each employee of the Customer is responsible for compliance with all regulations that are important for the implementation of a trip (health regulations, passport and visa regulations, foreign exchange regulations, customs regulations). The Customer or its employee is responsible for carrying the necessary travel documents and must ensure itself that its passport or identity card has sufficient validity for the journey. For citizens of other countries, the responsible consulate can provide information.

6. Operating air carrier

If a flight is included in a booked travel service, sitback.travel shall inform the Customer or the Customer’s employee of the identity of the operating air carrier at the time of booking in accordance with Regulation (EC) No. 2111/2005. If the identity of the operating air carrier is not yet known at the time of booking, sitback.travel shall ensure that the Customer or the Customer’s employee is informed of the name(s) of the air carrier(s) likely to act as operating air carrier(s) of the flights concerned. In this case, sitback.travel shall ensure that the Customer or the Customer’s employee is informed of the identity of the operating air carrier(s) as soon as the identity has been established. In the event of a change of the operating air carrier, sitback.travel shall immediately take all reasonable steps to inform the Customer or the Customer’s employee of the change. The Community list of banned air carriers in the European Community is available as a pdf file on the European Commission’s website (http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm) in its current version for the Customer or the Customer’s employee.

7. Usage fees and other costs

7.1 The usage fees and other costs are incurred depending on the booked usage package (Startup, Business, Enterprise, etc.) and the booked travel service. The details on prices and billing modalities are set out in the Framework Agreement and the travel service advertised.

7.2 sitback.travel may charge an additional service fee for rebookings, the amount of which is to be separately agreed with the Customer.

7.3 sitback.travel reserves the right to increase usage fees and other costs on the basis of the provisions in the Framework Agreement.

8. Liability

8.1 The Customer or the travelling employee must ensure that they fulfil all personal requirements for the use of a travel service. sitback.travel shall not be liable if, for reasons that lie in the person of the Customer or travelling employee and for which sitback.travel is not responsible, the use of the service does not materialise on site. Such reasons may be, depending on the respective travel service booked, for instance in the case of a rental car booking, the presentation of a driving licence that is no longer valid or not presented; the presentation of a driving licence that does not meet the local requirements at the destination for the driving licence; non-observance of minimum or maximum age regulations.

8.2 sitback.travel shall otherwise be liable for damages without limitation only for its own intent and its own gross negligence. In the event of simple negligence, sitback.travel shall only be liable, and limited to the amount of the foreseeable damage typical for the contract, insofar as sitback.travel breaches an obligation, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation).

8.3 The aforementioned limitations or exclusions of liability do not apply to damages for which sitback.travel is responsible arising from injury to life, body and health, for liability based on guarantees or based on claims under the German Product Liability Act.

8.4 To the extent that the liability of sitback.travel is excluded or limited, this shall also apply to the personal liability of its organs, employees, workers, representatives, and vicarious agents.

9. Final provisions

9.1 Choice of Law and Place of Jurisdiction
The contract for the travel service is subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction shall be Duesseldorf.

9.2 Severability
The invalidity of individual provisions of these General Terms and Conditions for Own Services shall not affect the validity of other provisions. The invalidity of individual provisions of the contract does not lead to the invalidity of the concluded contract.

General Terms and Conditions (Agency Services)

Date of last change: 06.10.2021

1. Subject matter of the contract

These General Terms and Conditions for Agency Services regulate the legal relationship between Nausithous Digital Solutions GmbH, Niederstraße 29, 40789 Monheim, Germany (hereinafter referred to as “sitback.travel”) and its customers in cases where sitback.travel acts as Travel Agent intermediating contracts on travel services with a service provider (e.g. airlines, hotels, car-rental companies) to the customer on the basis of the framework agreement. They do not apply to the exceptional cases where sitback.travel itself is the service provider and thus becomes contracting party of the travel contract with the customer.
The General Terms and Conditions for Agency Services shall exclusively address business customers and their employees, who – based on the customer’s Travel Policy – book and handle business trips via the sitback.travel Web Tool or the App (hereinafter referred to as “Platform”).
These General Terms and Conditions for Agency Services shall exclusively apply to entrepreneurs according to § 14 BGB (German Civil Code). They complement the framework agreement concluded with sitback.travel. Differing conditions of the customer are hereby objected and thus are not agreed upon.

2. Intermediated principal contract

2.1 The intermediated contract, which can be a contract of carriage, service, hosting, or of one or more other travel services, is intermediated by sitback.travel exclusively on the basis of the framework contract but is concluded between the customer and the service provider named to him. The performance of the booked travel service is not part of the contractual obligations of sitback.travel but is in the responsibility of the service provider. The service provider renders all services and travels booked by the customer or by its employees via the Platform in its own responsibility. For the intermediated services the legal provisions as well as the Terms and Conditions of the service provider shall apply, as far as they are effectively concluded with the customer and implied in the contract between customer and service provider. These regulations may contain conditions relating to payment, rebooking, cancellation, or other details. The content of the intermediated contract is set out in the service provider’s specifications of the service. All claims regarding a booked travel service can be asserted by the customer of the intermediated service towards the service provider only, unless a negligence regarding the intermediation on the part of sitback.travel exists within the scope of the Agency contract based on the framework contract.

2.2 The registration for a travel service or a travel is made by the customer also for all participants mentioned in such registration. The customer is then liable for their contractual obligations as for his own, as far as he has assumed such obligation by an explicit and separate declaration.

2.3 The intermediated contract is only concluded when the service provider accepted the binding registration of the customer. Information on booking confirmation, Agency service and conclusion of contract with the service provider are sent to the customer directly by the system after successful booking.

3. Cancellation by the customer, rebookings

3.1 The customer or his employees can withdraw from the contract at any time before the start of a brokered travel or travel service by cancellation notice towards the service provider.

3.2 The conditions of cancellation and possible cancellation compensations are subject to the Terms and Conditions of the respective service provider as contractual partner of the customer. Sitback.travel is entitled to forward and charge to the customer the cancellation costs calculated by the customer’s contractual partner.

3.3 It is recommended to take out a travel cancellation insurance as well as an insurance for the coverage of costs for returning after accident or illness for the contracts brokered for the employees.

3.4 The customer is not entitled to rebook travels. Rebooking is only possible if the service provider’s General Terms and Conditions provide for this.

4. Liability, warranty

4.1 Apart from that, sitback.travel’s liability is excluded for all damages, regardless of the legal grounds, unless

  • the damages are based on a culpable breach of essential contractual obligations, i.e. obligations without the fulfilment of which due performance of the contract would not be possible and upon the fulfilment of which the contracting partner usually can rely, or
  • the damages were caused by gross negligence or on purpose on part of the broker, or
  • the damages arise from a culpable injury to life, body or health, the product liability law or any other legally mandatory liability cases.

4.2 Information on services is based on information of the service provider and no liability is assumed for the conclusion of a contract.

5. Information on passport, visa, foreign exchange and health regulations

sitback.travel cannot be made liable for information relating to passport, visa and health regulations. Sitback.travel is not obliged to provide such information. As far as sitback.travel does provide such information also on its website, it does not grant any assurance or warranty regarding the correctness, completeness or up-to-dateness of this information. In this respect, the liability of sitback.travel is excluded.

Each customer and each employee of the customer is responsible for the compliance with all relevant regulations for a travel himself, such as health, passport, visa, foreign exchange, and duty regulations. The customer resp. its employee is also responsible for carrying the required travel documents and is also responsible that passport or ID are valid and will not expire during the trip. Members of other states can obtain information from the competent consulate.

6. Operating air carrier

According to VO (EG) Nr 2111/2005, sitback.travel shall inform the customer resp. the customer’s employee about the identity of the operating air carrier upon booking. In case the identity of the operating air carrier is not known yet at this point, sitback.travel shall ensure that the customer resp. the customer’s employee will be informed about the name of the airline(s) which is/are going to carry out the flight(s). In this case sitback.travel ensures that the customer resp. the customer’s employee will be informed about the operating air carrier(s) as soon as the identity becomes known. In case of a change of the operating air carrier, sitback.travel shall take all necessary steps in order to inform the customer resp. the customer’s employee about the change. The common list of airlines which are banned from the European Community is available to the customer resp. the customer’s employee in its current version as pdf on the website of the European Commission (http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm).

7. User fees and other costs

User fees and other costs arise depending on the booked package (Startup, Business, Enterprise, etc.) and the booked travel service. Details on prices and invoicing modalities are set out in Annex 1.

sitback.travel is entitled to charge additional fees for rebookings and cancellations. The amount of such fees shall be separately agreed upon with the customer.

sitback.travel reserves the right to increase the fees and to change the scope of service and payment modalities on the basis of the framework agreement.

8. Final provisions

8.1 Choice of law and place of jurisdiction
The travel agency contract is subject to German law. Place of jurisdiction shall be Düsseldorf.

8.2 Severability clause
The ineffectiveness of individual provisions of these general terms and conditions does not affect the effectiveness of other provisions. The ineffectiveness of individual provisions of the concluded Agency contract does not result in the ineffectiveness of the Agency contract. Also, the ineffectiveness of individual provisions of the Agency contract does not lead to the ineffectiveness of the Agency contract concluded with the travel agent.

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