General Terms and Conditions
for the mediation of travel services (travel agent GTC)
The following conditions apply to the mediation of trips by Borks Feriehus Norwegen GmbH (hereinafter referred to as "Borks"). They regulate the legal relationship between the customer and Borks. Borks acts exclusively as an intermediary between the customer and the respective service provider (landlord, etc.) and acts on the account of the respective service provider. The execution of the booked trip as such is not part of the contractual obligations of Borks.
In the case of a booking, the contract relating to the trip is concluded exclusively between the customer and the respective service provider. Reference is made to the corresponding general terms and conditions of the service providers (e.g. house owner, shipping company) or the legal regulations.
Section 1 – Conclusion of the agency contract
- By filling out the information fields and completing the booking process, the customer offers Borks the conclusion of a binding travel agency contract. The offer can be submitted in writing, orally, by telephone or via electronic media (Internet). When submitting an offer via electronic media (Internet), the customer Borks makes a binding offer to conclude an agency agreement by sending the booking order. Borks reserves the right to accept the offer. If Borks or the service provider confirms the booking to the customer in writing, by telephone, by email (electronic mail) or in any other way, a contract is concluded between the customer and the service provider. If the content of the travel confirmation deviates from the content of the booking, the service provider has made a new offer to which the service provider is bound for a period of 10 days from receipt.
- The customer undertakes to check the booking confirmation received immediately for correctness and to inform the service provider or Borks if necessary to point out inaccuracies or deviations. A reference to inaccuracies or discrepancies that occurs after a period of three days after receipt of the booking confirmation can no longer be taken into account. Inaccuracies or deviations reported late do not entitle to withdraw from the contract.
Section 2 – Payment
- Upon receipt of the booking confirmation, a deposit of 25% of the rent for the holiday property is due. The remaining payment must be made no later than six weeks before the start of the journey.
- If the customer does not meet his payment obligation or does not meet it on time, the service provider or Borks is entitled to withdraw from the trip or the agency contract.
- The travel documents will be sent upon receipt of the final payment.
- For reservations made before the catalog is published, we charge a fee of EUR 35.00, which is offset against the specific booking confirmation or is forfeited in the event of cancellation.
Section 3 – Services, duties, obligations
- The scope of the services results from the travel confirmation, taking into account the advertisement in the currently valid catalog.
- The holiday homes and boats made available are privately owned and must be treated with care. The furnishings and fittings of each holiday home have been selected according to the owner's taste. Differences in setup are possible. Country-specific features in the furniture must be accepted. This also applies to possible access roads which, due to the natural conditions, do not allow the holiday home or the boat site to be reached directly by car. Not every property is suitable for small children in terms of location.
- Beds are often narrower than 75 cm. Wardrobes are not a standard in Norwegian bedrooms.
- The water quality does not necessarily correspond to drinking water quality.
- The customer is obliged to leave the holiday home clean. For this purpose, he has to carry out a final cleaning, unless otherwise agreed or shown in the catalog or the travel confirmation.
- In case of earlier departure, the customer is obliged to inform the local contact person (house owner) about this immediately.
- The key for the holiday home must be returned to the same place where it was received.
- In connection with the use of boats, the customer must observe the local and available boat rules. He must adhere to the instructions of the local contact persons regarding the safety regulations.
- All boat trips are at your own risk.
- Holiday homes may only be occupied by the people listed in the registration and only up to the number of people specified in the catalog. Bringing pets is only permitted for the holiday homes marked in the catalog.
Section 4 – Service and price changes
Changes or deviations from the booked services that become necessary after the conclusion of the contract (valid reason) and that were not brought about by the service provider in bad faith are permitted, provided that these changes or deviations are not significant and for the customers, are reasonable taking into account the interests of the service provider. The service provider or Borks reserves the right to change the advertised prices confirmed with the booking in the event of an increase in transport costs or charges for certain services such as port or airport charges or a change in the exchange rates, applicable to the trip in question to the extent that how their increase per person or per object affects the travel price, provided that there are more than four months between the conclusion of the contract and the agreed start of the journey. In case of a subsequent change in the travel price or a significant change in an essential travel service, the service provider or Borks will inform the customer immediately. Price increases that are requested from the 20th day before the agreed departure date are ineffective. In the event of price increases of more than 8% of the travel price or in the event of a significant change in an essential travel service, the customer can withdraw free of charge or request participation in a trip of at least equivalent value if the service provider is able to offer such a trip from its offer at no additional cost. The customer must assert the aforementioned rights immediately after the service provider or Borks declares the price increase / change in service to the service provider or Borks.
Section 5 – Cancellation by the customer / rebooking
- The customer can withdraw from the trip and from the brokerage contract at any time before the start of the journey. In the event of such a withdrawal, the service provider can usually demand the following compensation: In the case of withdrawal up to the 46th day before departure, 25% of the travel price, from the 45th day before departure, 50% of the travel price, from the 35th day before departure, 80% % of the travel price and from the 3rd day before departure until the start of the journey 90% of the travel price.
- Until the start of the journey, the customer can demand that a third person assumes his rights and obligations under the travel contract (Section 651b BGB).
- The customer is free to prove that the damage has not occurred or is significantly lower.
- Rebooking is free up to 10 weeks before the trip.
Section 6 – Withdrawal and termination by the house owner / service provider
- The house owner can terminate the contract without observing a notice period if the implementation of the trip is permanently disrupted by the customer despite a corresponding warning from the house owner. The same applies if a customer behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. However, the service provider retains the right to the travel price. Any additional costs for the return transport are borne by the disturber himself. The service provider must, however, offset the value of saved expenses as well as those advantages that are obtained from another use of unused services.
- The house owner can withdraw from the trip up to 7 weeks before the start of the trip if the minimum number of participants specified in the respective service description and in the travel confirmation is not reached. The service provider or Borks will of course inform the customer if it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached. The customer receives the paid travel price back immediately. However, the service provider does not have the right to withdraw if he is responsible for the circumstances leading to this (e.g. calculation errors) or if he cannot prove these circumstances. The declaration of withdrawal will be forwarded to the customer immediately.
- In the event that the service provider withdraws according to Paragraph 2, the customer is entitled to request participation in another trip of at least equivalent value if the service provider is able to offer such a trip from its offer at no extra cost to the customer. The customer has to assert this right to the service provider immediately after the declaration of withdrawal. If the customer does not exercise his right to participate in a trip of the same value, he will immediately receive the paid trip price back.
Section 7 – Extraordinary Circumstances - Force Majeure
Due to the termination of the contract in cases of force majeure, reference is made to § 651j BGB.
Section 8 – Remedy / Reduction / Cancellation
- If a travel service is not provided or not provided in accordance with the contract, the customer can request remedial action. The homeowner can also remedy the situation by providing an equivalent or higher-quality replacement service. The homeowner can refuse the remedy if it requires a disproportionate effort.
- If the house owner does not remedy the situation within a reasonable period specified by the customer, the customer can remedy the situation himself and demand reimbursement of the necessary expenses. It is not necessary to set a deadline if the service provider refuses to remedy the situation or if the immediate remedy is offered by a special interest of the customer.
- The customer can demand a reduction in the travel price from the service provider if travel services have not been provided or have not been provided in accordance with the contract and he does not culpably fail to report the defect.
- If a trip is significantly impaired as a result of a defect and the house owner does not provide a remedy within a reasonable period of time, the customer can terminate the contract within the framework of the statutory provisions - in his own interest and for reasons of evidence, written form is recommended. It is not necessary to set a deadline for the remedy if remedy is impossible or is refused by the service provider or if the immediate termination of the contract is justified by a special interest of the customer. He only owes the service provider the portion of the travel price that is attributable to the services used.
- In case of any defects at the holiday location, the customer is obliged to inform the service provider immediately so that remedial action can be taken.
Section 9 – Liability of Borks
- Borks acts exclusively as an intermediary between the customer and the service provider and acts on behalf of and for the account of the service provider. In these cases, Borks is not liable for the services to be provided by the respective service providers to the customer.
- As a travel agent, Borks is dependent on the information provided by the respective service providers for information about the trips. Borks has no way of verifying that this information is correct. Borks therefore gives no guarantees or assurances regarding the correctness, completeness or topicality of this information. The same applies to other information contained on this website and made available by third parties.
- Borks is only liable from this brokerage contract for damages that the customer has suffered as a result of a breach of duty committed by Borks with willful intent or gross negligence. Borks is liable for damage to life, limb or health as well as for typical contractual damage that the customer incurs as a result of a major breach of duty of the brokerage contract by Borks, even if Borks is only responsible for slight negligence. Otherwise liability for slight negligence is excluded. An essential contractual obligation in the aforementioned sense is one, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely, in particular to obtain the arranged travel service, to endeavor to conclude the contract for this purpose, the necessary advice and to give information and to properly execute the main contract. As an intermediary, Borks is not liable for damage suffered by the customer during the trip. Borks' liability in the event of slight negligence is limited to the value of the booked trip, but in any event to foreseeable and typical damage. A statutory no-fault liability of Borks remains unaffected. Borks is not liable for slight negligence on the part of its vicarious agents.
Section 10 – Insurance
Each customer is responsible for his own insurance coverage. The travel agent recommends taking out travel cancellation insurance. It is also recommended that you take out luggage, travel accident, travel health and travel liability insurance.
Section 11 – Ineffectiveness
Should one of the above provisions be or become ineffective, the remaining provisions will nonetheless remain valid. The effectiveness of the contract as a whole remains unaffected. The ineffectiveness of the brokered travel contract does not affect the brokerage contract.
Section 12 – Operator
Borks Feriehus Norwegen GmbH
Osterfelder Straße 9a
Phone: +49 (2041) 7783-56
Fax: +49 (2041) 7783-58
Managing Director: Alexander Peters