§1 Scope
(1) These terms and conditions apply, in the version valid at the time of conclusion of the contract, to contracts concluded between you and Mekka Booking GmbH (Helfmann-Park 8, 65760 Eschborn, HRB 116404, VAT ID no. DE4022834347) (hereinafter: Mekkabooking), represented by its managing director Mr. Kagan Kahraman, via the website (https://www.mekkabooking.com) Concluded Contracts.
(2) The website offers various services. Mekkabooking acts either as a travel agent or as an independent tour operator. Insofar as Mekkabooking is not a travel agent under statutory provisions, in particular Sections 651b, 651c or 651w of the German Civil Code (BGB), the statutory provisions take precedence, together with the special contractual terms set out in Section C.
(3) These terms and conditions are structured as follows:
Section A. General Part applicable to all types of travel;
Section B. Special Part for the brokerage of travel by Mekka Booking GmbH;
Section C. Special Part for the provision of travel by Mekka Booking GmbH as tour operator.
(4) These contractual terms always apply exclusively. Deviating, supplementary or conflicting terms of the customer only become part of the contract if and to the extent we have expressly agreed to them in writing.
§2 Prices and Payment Terms
(1) All prices stated on our website are gross prices including the statutory value-added tax applicable at the relevant time.
(2) The following applies to prices for the brokerage of flight transport services by airlines:
a) The stated and invoiced prices are airline prices that do not include any commission or other remuneration paid by the airline for Mekkabooking's activity on behalf of the customer.
b) Mekkabooking's remuneration for its brokerage activity is paid through the booking fee charged to the customer.
c) Unless otherwise agreed in an individual case, the booking fee for Mekkabooking's brokerage activity results from the fees communicated to the customer during the booking process on the website. (https://www.mekkabooking.com) Communicated Charges
(3) Payment of further fees for the brokerage of other tourism services by the customer requires an express agreement between you and Mekkabooking.
(4) Mekkabooking's claim to fees remains unaffected by changes to the brokered contract - in particular rebooking, name changes, withdrawal, cancellation or termination - by the third-party provider or the customer. This does not apply insofar as the customer is entitled to a claim for damages due to breaches of duty by Mekkabooking under the contract concluded between the customer and Mekkabooking.
§3 Withdrawal, Cancellation, Rebooking and Name Change
(1) For tourism services brokered by Mekkabooking, withdrawal, termination, rebooking, name changes and cancellation are governed by the statutory provisions and the contractual terms of the respective third-party provider.
(2) For package holidays offered by Mekkabooking as tour operator, withdrawal, termination, rebooking, transfer of the contract and cancellation compensation are governed by Section C and the statutory provisions.
(3) The decisive factor for meeting deadlines is receipt of the relevant declaration by the contractual partner or by Mekkabooking, insofar as Mekkabooking is authorized to receive it.
§4 Service Center
Our service center is available for all questions relating to the services and third-party services offered. You can reach it via the contact page in the service area of our website or via the phone numbers stated in the legal notice, daily during the stated hours.
§5 Customer's Duties to Cooperate
(1) You are solely responsible for the completeness and accuracy of all data entered or otherwise transmitted by you during the booking process. Changes to the entered data after conclusion of the contract may trigger additional costs from service providers, tour operators or airlines, which you must bear insofar as you caused them.
(2) In your own interest, you are requested to inform Mekkabooking of any special needs or restrictions relating to the services offered by Mekkabooking.
(3) In the event of the intentional transmission of false or untrue data, we reserve the right to claim compensation from you for any resulting damage.
§6 Set-off and Right of Retention
You are not entitled to set off your claims against ours unless your counterclaims have been legally established or are undisputed. You may only exercise a right of retention if your counterclaim arises from the same contract.
§7 Unavoidable, Extraordinary Circumstances
(1) In cases of unavoidable, extraordinary circumstances, Mekkabooking is released from its obligation to perform under the contract concluded with you for the duration and to the extent of the impact. Unavoidable, extraordinary circumstances are any event beyond Mekkabooking's control, the consequences of which could not have been avoided even if all reasonable precautions had been taken, so that Mekkabooking is wholly or partly prevented from fulfilling its contractual obligations, including fire damage, floods, strikes and lawful lockouts, as well as operational disruptions or official orders not caused by us.
(2) We will notify you without delay of the occurrence and the end of the unavoidable, extraordinary circumstances and will use our best efforts to limit their effects as far as possible.
(3) The parties will jointly agree on a deadline, after which either party is entitled to withdraw from the contract if the unavoidable, extraordinary circumstances have not ended within this deadline. The right to terminate the contract for good cause remains unaffected.
(4) For package travel contracts concluded with us, only the statutory provisions apply in the case of unavoidable, extraordinary circumstances. Otherwise, the statutory rights of both parties remain unaffected.
§8 Copyright
All copyrights or other industrial property rights to images, films and texts published on our website, in contract documents or in other advertising and information materials belong exclusively to Mekkabooking. The contract concluded with you does not grant any such rights. Use of the images, films and texts or other copyright-protected content is not permitted without our express consent.
§9 Right of Withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to either their commercial or independent professional activity, Section 13 BGB), you are entitled to a right of withdrawal in accordance with the statutory provisions.
(2) For package travel contracts with Mekkabooking as tour operator, a right of withdrawal exists only in the statutorily regulated cases. For contracts concluded at a distance for the carriage of passengers, as well as for contracts for the provision of accommodation services or other date-bound leisure services, there is generally no right of withdrawal. Statutory rights of withdrawal, termination and contestation remain unaffected.
(3) Otherwise, the provisions on the right of withdrawal set out in detail in the appendix to these terms and conditions apply.
§10 Data Protection
Mekkabooking processes all personal data collected from you in compliance with applicable national and European data protection law, in particular the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR). For information on the processing of your data, please see our privacy notice, available at https://www.mekkabooking.com/Datenschutz.
§11 Applicable Law
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods, if you have your habitual residence in Germany, or your habitual residence is in a state that is not a member of the European Union.
(2) If you have your habitual residence in a member state of the European Union, German law also applies, without affecting any mandatory provisions of the state in which you have your habitual residence.
§12 Jurisdiction, Consumer Dispute Resolution and Final Provisions
(1) Insofar as, at the time of conclusion of the contract, you had your domicile or habitual residence in Germany, and either you have relocated from Germany by the time proceedings are brought by us, or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes is Mekkabooking's registered office.
(2) Mekkabooking is neither obliged nor willing to participate in dispute resolution proceedings under the Consumer Dispute Resolution Act (VSBG).
(3) Amendments to these terms and conditions require written form. This also applies to any amendment or waiver of this written-form requirement. Individual agreements between the contracting parties or their representatives pursuant to Section 305b BGB are excluded from this requirement.
(4) Orders and side agreements given orally after conclusion of the contract are only binding if confirmed in text form. This also applies to any contract amendments after conclusion of the contract. Individual agreements between the contracting parties or their representatives pursuant to Section 305b BGB are excluded from this requirement.
(5) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract. The invalid provisions shall be replaced by the statutory provisions.
§1 Scope
(1) The following terms apply in addition to the provisions of Section A "General Part for all Services" exclusively to the brokerage of third-party services and form part of the brokerage order concluded between you and Mekkabooking. We point out that only the respective third-party provider, as tour operator, becomes your contractual partner for the brokered third-party services you book. No contract for the provision of the third-party services is concluded with Mekkabooking, only a brokerage contract.
(2) This section does not apply insofar as Mekkabooking is itself to be regarded, under statutory provisions Sections 651b, 651c or 651w BGB, as a tour operator or as a broker of linked travel services. In that case, the provisions of Sections A and C apply.
(3) Insofar as the provisions of this section (Section B) contain special provisions, they take precedence over deviating provisions of Section A.
(4) The only language available for the contract concluded with Mekkabooking is German.
§2 Conclusion of the Contract with Third-Party Providers
(1) The presentation of third-party services on our website, as well as any presentations of third-party services communicated by us by phone or email, do not constitute a binding offer by Mekkabooking to the customer, but rather an invitation to book (invitatio ad offerendum).
(2) If you book via our website, by submitting the booking request in the final step of the booking process you instruct Mekkabooking to broker the third-party services shown in the booking overview. At the same time, with your booking request, you submit an offer to the third-party provider to conclude a contract for the displayed third-party services.
(3) Mekkabooking is authorized to declare acceptance of your offer on behalf of the respective third-party provider. A contract with the third-party provider is concluded when the provider or Mekkabooking accepts the booking of the third-party services by separate email, or sends you an invoice or travel documents.
(4) For the brokerage of special and charter flights, the terms of the respective third-party provider and/or airline apply. All special and charter flights must be reconfirmed with the third-party provider and/or airline in accordance with the provider's contractual terms, but no later than 48 hours before departure. If this reconfirmation is not made, there is no entitlement to carriage.
(5) The contractual terms with details of the booked third-party services will be sent to you by email upon acceptance of the contractual offer by the respective third-party provider or Mekkabooking, or upon notification thereof. The contractual terms and your order data are stored by Mekkabooking for contract processing.
§3 Subject Matter of the Contract
(1) Mekkabooking brokers travel, flight, hotel and other tourism services (hereinafter: tourism services) of various tour operators, airlines and other third-party providers on its website.
(2) The subject matter of the contract concluded between you and Mekkabooking is exclusively the proper brokerage of the selected tourism service. The provision of the brokered tourism services is owed by the third-party provider.
(3) The customer's rights and obligations toward the third-party provider are governed solely by the agreements made with that provider, in particular its general terms and conditions, supplemented by statutory provisions.
(4) Insofar as the respective third-party provider uses general terms and conditions, these will be made available to you before booking. This may be done by Mekkabooking, insofar as Mekkabooking is legally or contractually obliged to do so. Mekkabooking has no influence on the content of third-party providers' terms and conditions. Please review them before concluding the contract.
(5) For the booking of transport services, subject to special agreements, the transport conditions and tariff provisions issued on a statutory basis by the competent transport authority, or based on international agreements, apply.
(6) Information on tourism services and third-party providers is based on information from the respective third-party providers. The respective third-party provider is responsible for the completeness, accuracy and timeliness of the information. Mekkabooking is liable only within the scope of its own brokerage duties, and only insofar as Mekkabooking knew or should have known of the inaccuracy, or has given its own assurances in this regard.
§5 Travel Documents
(1) Regarding the transmission of travel documents for the tourism services you have booked, we refer to the provisions in the travel terms of the respective third-party provider, which are made available to you before booking.
(2) If the travel documents are not sent directly by the third-party provider, they will be sent by Mekkabooking in good time before the start of the trip by electronic means. Insofar as a copy of the contract is legally owed, it will be provided on a durable medium at or immediately after conclusion of the contract. For contracts concluded exclusively online, there is no entitlement to delivery in paper form.
(3) In the case of the brokerage of a package holiday pursuant to Sections 651a et seq. BGB, you are likewise obliged to check the third-party provider's contractual and other documents relating to the package holiday sent to you by Mekkabooking - in particular booking confirmations, flight tickets, hotel vouchers, insurance certificates and other documents - for accuracy and completeness, in particular for consistency with the booking and the brokerage order.
(4) We point out that many airlines offer an electronic ticket (e-ticket) instead of a paper ticket. Typically, an electronic booking code is transmitted in text form (usually by email), which you must state or present at check-in together with an identification document (identity card or passport). Please check with the relevant airline before travelling.
(5) In accordance with EU Regulation No. 2111/2005 on the establishment of a Community list of air carriers, Mekkabooking will inform you, when booking flight transport services, of the identity of the operating airline, insofar as legally required. If the operating airline is not yet known at the time of booking, Mekkabooking will pass on the information available from the third-party provider regarding the airline that is likely to operate the flight. In the event of a change of airline, you will be informed of the change. The Community list of airlines subject to an operating ban within the European Union can be found at https://transport.ec.europa.eu/transport-themes/eu-air-safety-list_en Available2.
§6 Payment Terms of Third-Party Providers
(1) The remuneration and payment for the booked tourism services is determined by the agreements between the customer and the respective third-party provider.
(2) The third-party provider may require part of the agreed remuneration from the customer in advance as a deposit. For trips within the meaning of Sections 651a et seq. BGB, a deposit may only be demanded against or following the provision of a security certificate stating the name and contact details of the third-party provider's insolvency protection provider.
(3) The due date for payment is governed by the agreements with the third-party provider. Payments for trips within the meaning of Sections 651a et seq. BGB, including final payments following a deposit, become due at the latest upon handover or receipt of the travel itinerary or travel documents. Deviating from the above, payments for air transport contracts generally become due immediately upon receipt of the airline's confirmation, unless otherwise agreed. The same applies to rental car bookings.
(4) Depending on the tourism services booked, payment is collected by the respective third-party provider, by Mekkabooking, or by a service provider engaged to collect payment. Insofar as Mekkabooking or a service provider it has engaged for payment collection invoices tourism services and collects payments, this is done in the name and for the account of the respective third-party provider. If Mekkabooking is the third-party provider's authorized collection agent, the same applies to cancellation costs (cancellation compensation) and other statutory or contractual claims of the third-party provider.
(5) Payment for the booked tourism services may, in the case of paragraph 4, be made by Maestro or credit card (VISA, MasterCard, American Express), or SEPA direct debit.
(6) Details of the payment methods offered by the third-party provider can be found in the booking process and in the terms and conditions of the respective third-party provider and payment provider.
(7) Mekkabooking reserves the right to charge the customer any chargeback fees for failed credit card charges or direct debits, insofar as the customer is responsible for the chargeback.
§7 Contract Amendment with the Third-Party Provider
(1) After conclusion of the contract with the third-party provider, the terms for contract amendments requested or desired by you - such as rebooking, name changes or other changes - are governed by the third-party provider's terms. Mekkabooking is entitled to invoice you, on behalf of the third-party provider, for the rebooking fee required by the tour operator, and to collect the amount.
(2) Mekkabooking accepts special requests relating to booked tourism services only for forwarding to the third-party provider to be brokered. Unless expressly agreed otherwise, Mekkabooking is not responsible for fulfilling such special requests. They are also not a condition or contractual basis for the brokerage order or for booking declarations to be sent by Mekkabooking to the third-party provider of a package holiday. Special requests only become part of the contractual obligations upon express confirmation by the third-party provider of the package holiday.
(3) If you have booked special or charter flights, you may have a third party take your place in carrying out the trip up until the start of the trip. Any resulting additional costs are at your expense. The amount of the additional costs is determined by the third-party provider. The third-party provider's contractual terms apply.
§8 Termination of the Contract with the Third-Party Provider
(1) In the case of a brokered package holiday, you are entitled, within the scope of the statutory provisions, to withdraw from the contract with the third-party provider before the start of the trip. We point out that the third-party provider may demand appropriate compensation from you (cancellation fee), unless unavoidable, extraordinary circumstances occur at or in the immediate vicinity of the destination of the package holiday that significantly impair the performance of the trip or the carriage of passengers to the destination.
(2) The terms for termination of the contract, in particular by withdrawal and/or cancellation, are governed exclusively by the contractual terms with the respective third-party provider.
(3) For brokered package holidays, Mekkabooking is authorized, pursuant to Section 651v(4) BGB, to receive notifications of defects and other declarations from the traveller relating to the provision of the travel services. For other brokered services, this applies only insofar as Mekkabooking has been authorized to do so by the respective third-party provider.
(4) In the event of cancellation of booked scheduled flights, cancellation fees may be charged by the respective airline (IATA guidelines).
(5) Your statutory rights to terminate a contract with the third-party provider for good cause remain unaffected.
§9 Travel Insurance
(1) To minimize the cost risk in the event of cancellations declared by you, we point out the option of taking out trip cancellation insurance when booking the tourism services.
(2) We further point out that trip cancellation insurance generally does not cover damage arising from an abandonment of the package holiday - even through no fault of your own - after it has begun. Trip curtailment insurance must generally be taken out separately.
(3) For trips outside the EU, we recommend ensuring adequate overseas health insurance cover.
(4) The terms and conditions agreed with the insurer govern the conclusion and scope of travel insurance. These may include specific obligations, deductibles or exclusions relating to immediate cancellation, as well as deadlines for reporting claims and deductibles.
(5) Insofar as Mekkabooking brokers travel insurance, it acts exclusively as broker. The contractual partner for the insurance service is exclusively the insurance company. The relevant insurance contract and insurance terms govern the conclusion, content, scope, exclusions and obligations of the insurance cover, as well as the handling and settlement of claims.
(6) Mekkabooking is not liable for the occurrence of the insured risk, the insurer's decision on its obligation to pay, or the scope of cover granted by the insurer. Mekkabooking's liability for breaches of its own contractual or statutory duties in connection with the brokerage of the travel insurance remains unaffected. Mandatory statutory liability provisions remain unaffected.
§10 Liability
(1) We assume no liability for the accuracy, completeness and reliability of other third-party content provided by us, in particular maps, automatic translations, customer reviews, editorial texts and images of places and regions. Geodata shown on our website, in particular map displays, serve solely as non-binding orientation regarding the location of the offer. The location details expressly stated in the service description or the third-party provider's travel confirmation are decisive for the content of the contract to be concluded. The above exclusion does not apply insofar as Mekkabooking was aware of incorrect and/or inaccurate information, or should have been aware of it had it exercised reasonable care.
(2) Mekkabooking is liable for the proper performance of its brokerage service in accordance with statutory provisions.
(3) Mekkabooking is not liable for the provision or performance of the brokered travel services themselves, nor for defects in performance between the customer and the third-party provider, unless Mekkabooking has assumed a corresponding express obligation of its own, given its own assurance, assumed a guarantee, or is liable under mandatory statutory provisions, in particular Sections 651b, 651w(4) or 651x BGB.
(4) If, in the case of a brokered package holiday, the tour operator is based outside the European Union or the European Economic Area, Mekkabooking is subject to the obligations of the tour operator arising from Sections 651i to 651t BGB, unless Mekkabooking proves that the tour operator fulfils these obligations.
(5) Liability for booking errors resulting from technical defects in the booking system, or for errors within Mekkabooking's area of responsibility in the booking process, is governed by statutory provisions.
(6) Mekkabooking is not liable for the uninterrupted availability of the website and its systems, or for system-related interruptions, failures and disruptions of technical facilities and of Mekkabooking's services. Liability is excluded in particular for the failure of communication networks and the hardware or software components involved.
(7) Mekkabooking is liable for damages and reimbursement of expenses in cases of intent and gross negligence, in cases of culpable injury to life, body or health, and in cases of slightly negligent breach of material contractual obligations (cardinal obligations). In the case of slightly negligent breach of material contractual obligations, liability is limited to the typical, foreseeable damage. Otherwise, Mekkabooking's liability is excluded.
(8) For information provided by third-party providers on prices, services, flight times, flight routes, availability and other matters, Mekkabooking is liable only within the scope of its own brokerage duties, and only insofar as Mekkabooking knew or should have known of the inaccuracy, or the information constitutes Mekkabooking's own information.
(9) Any further liability for damages and reimbursement of expenses - on whatever legal grounds - is excluded, in particular strict liability. Liability under the Product Liability Act and liability for booking errors under Section 651x BGB remain unaffected.
(10) The above provisions also apply for the benefit of Mekkabooking's legal representatives and vicarious agents where claims are asserted directly against them. We point out that third-party providers are not vicarious agents or legal representatives of Mekkabooking.
(11) If the brokered tourism services constitute a package holiday within the meaning of Section 651a BGB, we are deemed authorized by the third-party provider to receive notifications of defects and other declarations from the customer relating to the package holiday. Mekkabooking will inform the third-party provider of these without delay. To avoid loss of time, we recommend making such declarations directly to the tour guide or the third-party provider's contact point.
(12) Mekkabooking accepts no liability for the accuracy, timeliness or changes to flight times, flight routes or other flight-related services stated by third-party providers or other third parties involved in the tourism service (e.g. airlines). Changes to flight times, delays, cancellations or other deviations fall within the responsibility of the respective airline.
§1 Scope and Status as Tour Operator
(1) These provisions apply to package holidays where Mekkabooking acts as tour operator within the meaning of Sections 651a et seq. BGB, and this is expressly stated in the service description or the travel confirmation.
(2) In these cases, Mekkabooking is your contractual partner and owes the proper performance of the travel services contained in the package travel contract, the service description or the travel confirmation, even if these are provided wholly or partly by third-party service providers.
(3) Insofar as the provisions of this section (Section C) contain special provisions, they take precedence over deviating provisions of Section A.
(4) Mandatory statutory provisions remain unaffected.
§2 Conclusion of Contract and Booking Process
(1) By completing the booking process or submitting a booking request, you make a binding offer to Mekkabooking to conclude a contract for the services selected and displayed to you on the website, on the basis of the travel description and these travel terms.
(2) The package travel contract is concluded once Mekkabooking's acceptance is received by you in the form of a travel confirmation in text form. Pursuant to Art. 250 Section 6(1) sentence 2 EGBGB, you are entitled to a travel confirmation in paper form.
(3) Information in brochures, service descriptions and information provided online only becomes part of the contract if it has become the basis of the package travel contract in accordance with the statutory information requirements, or is expressly confirmed in the travel confirmation.
§3 Subject Matter of the Contract and Decisive Service Description
(1) The subject matter of the package travel contract is the package holiday described in the travel confirmation, together with the travel services listed there and the traveller's agreed special requirements. The pre-contractual information is decisive for the owed characteristics, insofar as it has become part of the contract in accordance with statutory provisions, together with the travel confirmation.
(2) Side agreements, assurances and changes require confirmation in text form. The precedence of individual agreements under Section 305b BGB remains unaffected. Travel documents will be provided to you in good time before the start of the trip in accordance with statutory requirements.
§4 Travel Price, Deposit, Final Payment and Insolvency Protection
(1) The travel price is set out in the travel confirmation. Payments toward the travel price may only be requested or accepted once the security certificate pursuant to Section 651r BGB has been provided to you in text form.
(2) Upon receipt of the travel confirmation and the security certificate, a deposit of 20 percent of the travel price is due within seven days. The remaining balance is due no later than 30 days before the start of the trip.
(3) For bookings made less than 30 days before the start of the trip, the entire travel price is due immediately once you have received the travel confirmation and the security certificate.
(4) For certain trips, in particular trips with separately designated special or charter fares, a higher deposit may be required if and insofar as Mekkabooking must already make corresponding advance payments to service providers at the time of conclusion of the contract, this is legally permissible, and the amount of the deposit was clearly communicated to you before conclusion of the contract.
(5) If, despite a reminder and a reasonable grace period, you are in default of payment, Mekkabooking is entitled to withdraw from the contract and to demand appropriate compensation in accordance with Section 651h BGB.
§5 Price Changes and Price Reductions
(1) Mekkabooking reserves the right, within the statutory framework, to unilaterally increase or reduce the travel price after conclusion of the contract.
(2) A price increase is only possible if the contract provides for this possibility, the calculation method is stated, and the increase results from:
a) an increase in the price of passenger transport due to higher costs for fuel or other energy sources,
b) an increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport fees, or
c) changes in the exchange rates applicable to the relevant package holiday.
(3) For changes under (a), the additional or reduced amount attributable to the individual traveller is apportioned according to the change in costs; for changes under (b), the additional or reduced amount is passed on in full; for changes under (c), the adjustment is made according to the ratio between the exchange rate applicable at conclusion of the contract and the exchange rate applicable at the time of the trip.
(4) You will be informed of price increases on a durable medium, stating the reasons and the calculation.
(5) A price increase is only effective if notice is given no later than 20 days before the start of the trip. If the contract provides for a price increase, you may demand a price reduction pursuant to Section 651f(4) BGB if the relevant cost factors change in Mekkabooking's favour before the start of the trip. If an offered price increase exceeds 8 percent of the travel price, it cannot be made unilaterally and requires your consent under paragraph 6.
(6) If the price increase reserved in the contract under Section 651f(1) BGB exceeds 8 percent of the travel price, Mekkabooking may offer you a corresponding price increase and require you, within a reasonable period set by Mekkabooking, to either accept the offer of a price increase or declare your withdrawal from the contract.
§6 Changes to Services after Conclusion of the Contract
(1) Mekkabooking reserves the right to make insignificant changes to contractual terms not affecting the travel price before the start of the trip, provided this right is reserved in the contract and you are informed clearly, comprehensibly and prominently on a durable medium.
(2) If Mekkabooking can only provide the package holiday subject to a significant change to a material characteristic of the travel services, or only by deviating from special requirements of the traveller that have become part of the contract, Mekkabooking will inform you without delay after becoming aware of the reason for the change and notify you of the applicable statutory rights.
§7 Substitute Traveller
(1) Within a reasonable period before the start of the trip, you may declare that a third party will take your place as a substitute traveller with respect to the rights and obligations under the package travel contract.
(2) The declaration is in any case timely if received by Mekkabooking no later than seven days before the start of the trip.
(3) Mekkabooking may object to the substitution if the substitute traveller does not meet the contractual travel requirements, or if statutory or official requirements conflict with the substitution.
(4) Mekkabooking may demand reimbursement of the reasonable additional costs actually incurred as a result of the substitution.
(5) You and the substitute traveller are jointly and severally liable for the travel price and the reasonable additional costs actually incurred as a result of the substitution. At your request, Mekkabooking will provide evidence of the additional costs.
§8 Rebookings and Special Requests
(1) There is no entitlement to a rebooking.
(2) Insofar as Mekkabooking agrees to a rebooking, the rebooking terms, any additional costs and a reasonable processing fee will be communicated before the rebooking is carried out.
(3) Mekkabooking will endeavour to implement the customer's special requests. Unless expressly agreed otherwise, Mekkabooking is not responsible for fulfilling special requests. They are not a condition or contractual basis for the package travel contract, the service description or the travel confirmation. Special requests become part of the contractual obligations only upon Mekkabooking's express confirmation in text form.
(4) Changes or additions first raised at the destination or with service providers do not, without confirmation in text form, give rise to any claims against Mekkabooking.
§9 Withdrawal by the Traveller before the Start of the Trip / Cancellation Compensation
(1) You have the right to withdraw from the package travel contract at any time before the start of the trip. The withdrawal must be declared to Mekkabooking.
(2) If you withdraw before the start of the trip, Mekkabooking loses its claim to the agreed travel price. However, Mekkabooking may demand appropriate compensation. In determining the standardized cancellation compensation, the period between the withdrawal declaration and the start of the trip, the usual savings in expenses, and the usual possibility of alternative use of the travel services were taken into account, as follows:
- From the 90th to the 61st day before the start of the trip: 20 percent of the travel price.
- From the 60th to the 31st day before the start of the trip: 30 percent of the travel price.
- From the 30th to the 15th day before the start of the trip: 50 percent of the travel price.
- From the 14th to the 8th day before the start of the trip: 75 percent of the travel price.
- From the 7th day before the start of the trip, and in the event of failure to commence the trip: 90 percent of the travel price.
(3) The date of receipt of the withdrawal declaration by Mekkabooking is decisive for calculating the deadlines.
(4) You remain entitled to prove that Mekkabooking incurred no costs, or lower costs, than the standardized amounts stated above.
(5) Mekkabooking reserves the right to demand higher, reasonable compensation if such costs actually arose. At your request, Mekkabooking will provide reasons for the amount of the compensation.
(6) Should the compensation amounts set out in paragraph 2 not be validly agreed for legal or factual reasons, Mekkabooking reserves the right to demand, instead of the standardized compensation amounts, the specific compensation (Section 651h(2) sentence 2 BGB) corresponding to the price of your package holiday less the expenses saved and the income earned by Mekkabooking from alternative use of your travel services. At your request, Mekkabooking will provide reasons for the amount of the compensation.
(7) By way of exception, Mekkabooking may not demand compensation if unavoidable, extraordinary circumstances occur at or in the immediate vicinity of the destination that significantly impair the performance of the package holiday or the carriage of passengers to the destination. In this case, payments made will be refunded without delay, and no later than 14 days after receipt of the withdrawal declaration.
§10 Withdrawal and Termination by Mekkabooking / Minimum Number of Participants
(1) Mekkabooking may withdraw from the package travel contract before the start of the trip if the law provides for a right of withdrawal, or if the minimum number of participants stated in the travel confirmation or service description is not reached.
(2) Receipt of the withdrawal declaration is governed by the duration of the trip as follows:
- For trips of more than six days, the withdrawal declaration must reach you no later than 20 days before the start of the trip;
- For trips of at least two and up to six days, the withdrawal declaration must reach you no later than seven days before the start of the trip;
- For trips of less than two days, the withdrawal declaration must reach you no later than 48 hours before the start of the trip.
(3) Mekkabooking may also withdraw if it is prevented from performing the contract due to unavoidable, extraordinary circumstances. The withdrawal will be declared without delay after becoming aware of the reason for withdrawal.
(4) In the event of withdrawal, payments made will be refunded without delay, and no later than 14 days after receipt of the withdrawal declaration. Further statutory claims of the traveller remain unaffected.
§11 Special Duties to Cooperate; Passport, Visa and Health Regulations
(1) You are obliged to provide the information required in the travel confirmation and travel documents completely and accurately, and to check travel documents in good time. You are responsible for obtaining and carrying the travel documents required to carry out the trip, and for complying with passport, visa, customs, currency and health regulations, insofar as Mekkabooking is not legally obliged to provide separate information. Mekkabooking will inform you of general passport and visa requirements as well as health-related formalities in accordance with statutory information obligations.
(2) If travel services are not used, or not fully used, due to a lack of personal travel requirements, the compensation provisions apply in accordance with statutory provisions, unaffected by the foregoing.
§12 Travel Defects, Remedy, Price Reduction, Termination and Damages
(1) Mekkabooking must provide you with the package holiday free from travel defects. You are obliged to report a travel defect without delay. If you request a remedy, Mekkabooking will remedy the travel defect, insofar as this is possible and does not involve disproportionate costs.
(2) You have the following statutory rights in respect of defects:
- Under the statutory requirements, you may remedy the defect yourself and demand reimbursement of the necessary expenses, or demand substitute services.
- You may reduce the travel price for the duration of a travel defect in accordance with statutory provisions.
- If the package holiday is significantly impaired by a travel defect, you may terminate the contract in accordance with statutory provisions.
- You may demand damages in accordance with statutory provisions.
(3) A travel defect must be reported to Mekkabooking without delay. If the notification of defect is culpably omitted, and Mekkabooking is consequently unable to remedy the defect, claims for price reduction and damages are excluded in accordance with statutory provisions.
§13 Duty of Assistance
(1) If Mekkabooking is subject to a duty of assistance under statutory provisions, in particular Section 651q BGB, Mekkabooking will provide the traveller with appropriate information on health services, local authorities and consular support, and will assist with establishing remote communication connections and in seeking alternative travel arrangements.
(2) If the traveller has culpably caused the circumstances themselves, Mekkabooking may demand reimbursement of the necessary and reasonable expenses incurred.
§14 Liability and Limitation of Liability
(1) Mekkabooking is liable, within the scope of statutory provisions, for the proper performance of the contractually owed travel services.
(2) However, Mekkabooking limits its liability for damages that are not personal injury and were not caused through fault, to three times the travel price.
(3) These liability caps apply per participant and per booked service. Any further-reaching claims under the Montreal Convention or the German Air Transport Act remain unaffected by this limitation.
(4) Insofar as international agreements, or statutory provisions based on such agreements, apply to a travel service, under which a claim for damages against the service provider only arises under certain conditions or limitations, or is excluded under certain conditions, Mekkabooking may also rely on this vis-à-vis the traveller.
(5) The traveller must accept credit for services received, or that may be received, as a result of the same event under international agreements or under the European passenger rights regulations named in Section 651p(3) BGB.
(6) Participation in sports and other holiday activities by the customer is at their own risk. Mekkabooking recommends checking all sports and leisure facilities, equipment, installations and vehicles before use. Mekkabooking is liable for accidents occurring during the use of, or in connection with participation in, such activities only if Mekkabooking is at fault.
§15 Limitation Period
Claims of the traveller specified in Section 651i(3) BGB become time-barred after two years. The limitation period begins on the day on which the package holiday was due to end under the contract. Statutory special limitation periods for competing claims remain unaffected.
This right of withdrawal notice applies only to consumers and only to package travel contracts concluded away from business premises, or where oral negotiations leading to the conclusion of the contract were not based on a prior order by the traveller.
If the law grants you a right of withdrawal for the contract concluded with us, you have the right to withdraw from this contract without giving reasons. The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us
by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we must repay all payments we have received from you without delay, and no later than fourteen days from the day on which we received notice of your withdrawal from this contract. For this repayment, we will use the same means of payment you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this repayment.
If you requested that the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of your right of withdrawal in relation to this contract, compared to the total scope of services provided for under the contract.
To:
Mekka Booking GmbH
Helfmann-Park 8
65760 Eschborn am Taunus
E-Mail: info@mekkabooking.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service(s) (*):
Contract dated:
Booking number:
Ordered on:
Name of contracting party/parties:
Address of contracting party/parties:
_______________, ______________________________
Date, signature
