General terms of Voya GmbH for private customers (B2C).
The Voya ™ mobile and web applications are a product of Voya GmbH.
By registering for the Voya ™ mobile or web application of Voya GmbH, and selecting the confirmation button, the private customer accepts the following general terms and conditions as binding:
- Area of application, conclusion of contract
1.1 These terms and conditions apply to the provision of tourism services and travel through Voya GmbH (“Voya”), as the operator of Voya ™ mobile and web application.
They manage the legal relation between the private customer and Voya.
When registering on the App, the customer enters an agency agreement with Voya (§§ 675, 631 BGB). Its contractual content consists exclusively in the proper mediation of the tourist service when using the app.
1.2 The mediated contract, which can be a transport, service, accommodation or travel contract, is concluded solely between the customer and the designated service provider. The execution of the booked tourist service is not part of the contractual obligations of Voya, but is the sole responsibility of the service provider.
The latter will provide the services and travels booked by the customer via the app on his own responsibility. The terms and conditions of the customer’s contractual partner apply to the services provided, insofar as they have been effectively agreed upon with the customer and included in the contract. These may include conditions for payment, rebooking, cancellation or other details. The content of the contract mediated by Voya results from the service description of the service provider.
The customer of the mediated service should refer exclusively to the service provider with all claims regarding the booked service.
1.3 Registration for a tourist service or travel is made by the customer for also all participants listed in the registration, for whose contractual obligations, as for his own, the notifying participant is liable, given he has accepted this obligation by explicit and separate declaration.
1.4 The mediated contract with the customer comes about only after the service provider’s acceptance of the binding registration by the customer. The service provider informs the private customer with a booking confirmation, which the customer receives electronically via email, text message or app.
- Payment of user and mediation fees
2.1 The customer pays, as a private customer, a per booking mediation fee, or a monthly flat-rate user fee. For private customers, all prices on the invoice are shown as gross prices incl. the legally applicable VAT.
2.3 Voya is authorized to submit invoices to the customer via email, SMS, Voya ™ mobile and web applications or by post.
2.4 In the event of non-payment of a fee due, the customer will be in default after receiving an invoice. If fees due are not paid, despite a reminder and a reasonable deadline, Voya is entitled to withdraw from the contract and to block the customer on the app as well as to demand the reimbursement of incurred (cancellation) costs and, if necessary, damages.
2.5 Voya always reserves the right to adjust all components of the usage and mediation fees to the appropriate price level. Should the increase account for more than 10%, the customer can terminate the use of the App for this reason, effective immediately.
- Payment of booked services
3.1 The dates on which payments are due for booked services, as well as payments requested by the service provider, result from the general terms and conditions, or the payment terms of the service provider as the customer’s contractual partner, and are communicated to the customer by the latter.
In the case of booked package hotels, payments (down payment/ residual payment) are not due until the customer has been handed over the tour operator’s security note. The maturity of the down payment and residual payment is determined by the general travel conditions of the tour operator.
3.2 Private customers usually pay the service provider directly, from which they will receive an invoice via email, sms or post. Otherwise Voya will timely inform them about a different method of payment.
- Withdrawl by the customer
4.1 The customer may withdraw from the contract at any time before the start of the mediated tourist service or travel. The customer must always explain the resignation to Voya. A written letter of resignation is recommended (e.g. by email).
4.2 The cancellation conditions and any cancellation compensation are subject to the terms and conditions of the respective service provider as the customer’s contractual partner. Voya is entitled to forward and charge the customer the resignation and cancellation compensation, calculated by the customer’s contractual partner, plus its own reimbursement of expenses up to €5.00 per cancellation process. The customer is free to prove that the damage of the amount charged to him was not caused at all, or only at a much lower level, than suggested by the calculated lump sums.
4.3 A travel cancellation insurance is recommended.
4.4 There is no legal entitlement on part of the customer to rebook.
Rebookings are only possible if the service provider’s terms and conditions provide for such.
- Term and Termination of the contract
5.1 The mediation agreement becomes effective with the customer’s registration on the app and has a minimum term of one month. After that, it will be extended for a further month if one of the contracting parties does not terminate the contract with a notice period of 14 days at the end of this subsequent contract period. It doesn’t matter if the customer deletes the app. As long as the contract period runs, he can re-register at any time.
5.2 The right to extraordinary termination for good cause remains untouched.
The important reason required for such extraordinary termination is provided if, inter alia, the customer grossly violated the obligations explicitly set out in these GTC, even after a warning by Voya or, even when insolvency proceedings are opened against the customer’s assets or the customer becomes insolvent. In the event of an extraordinary termination, Voya is entitled to block the customer’s profile immediately.
6.1 Voya will carry out its contractual duties carefully, appropriately and conscientiously. If services give cause for justified complaint, Voya shall be given the opportunity to rectify the defect within a reasonable time period to be set by the customer. Minor complaints and insignificant shortcomings (eg typographical errors) do not give the right to supplementary performance. If the rectification fails despite two attempts,after the fruitless expiry of a reasonable period, the right to reduce the price or to withdraw from the contract.
6.2 Voya makes no representations of any kind whatsoever with regard to the error-free and uninterrupted usability of the App, and the customer acknowledges that the availability of the App, due to third-party influences not attributable to Voya (in particular, maintenance, security, capacity, disruption of the internet, power failures), may be interrupted at times. However, Voya endeavors to keep the app available as constant as possible.
- Liability of Voya, Limitation of Liability
7.1 Voya is merely liable for the proper mediation of tourist services and assumes no liability for the proper performance and provision of the mediated services.
Nor does Voya give any assurance as to the suitability and quality of the individual tourist services or trips. For this, the contracting party of the customer is solely liable as the owner of the brokered contract. Nor does Voya guarantee the availability of mediated services.
7.2 Voya shows the information provided by the service provider to the customer in the app and adopts it. The invitations to tender therefore do not constitute a separate assurance of features of the services through Voya. Voya does not give the customer any guarantees or assurances regarding the accuracy, completeness or timeliness of the information and data provided by the mediated contractors.
7.3 The contractual liability of Voya as a travel agent is, except in the case of damage based on injury to life, body and health, as far as damage was neither deliberate nor grossly negligent caused or Voya was solely responsible due to the fault of a vicarious agent, limited to the triple price of the mediated service or journey per customer and touristic individual service or travel. Voya is liable for damage to property amounting to three times the total price per touristic service / trip and per customer for all damage claims against Voya resulting from tort, which are not based on intent or gross negligence.
- Notes on Passport, Visa, Foreign Exchange and Health Rehgulations
8.1 Voya assumes no liability for information relating to passport, visa and sanitary provisions. Only a tour operator is obliged, under travel law regulations, to provide information hereto. As long as Voya shares this information, Voya provides no assurance or warranty as to the accuracy, completeness or timeliness of this information. The liability of Voya is excluded in this respect.
8.2 Each customer is responsible for complying with all regulations that are important for the realization of a journey (health regulations, passport and visa regulations, foreign exchange regulations, customs regulations). The customer is responsible for carrying the necessary travel documents and has to make sure that his passport or identity card is valid for an adequate amount of time. For citizens of other nationalities the respective embassy provides the necessary information.
- Data Protection
The personal data provided by the user to Voya will be electronically processed, and used to the extent necessary for the establishment, execution or termination of the contract with the customer and for customer service. Voya complies with the provisions of the Federal Data Protection Act when collecting, processing and using personal data. The customer can retrieve his stored data at any time, request information about it and have it modified or deleted. With a message to (e-mail: [email protected]), the customer may also object to the use or processing of his data for purposes of advertising, market research or opinion polling. A transfer of his data to unauthorized third parties does not occur.
- Limitation Period
Claims of the customer for damages for property or pecuniary losses against Voya,
except for claims of the customer in tort, become time-barred within one year,
as far as a damage of the customer is not based on a grossly negligent breach of duty by Voya or a grossly negligent breach of duty by a vicarious agent or a legal representative of Voya. The statute of limitations begins at the end of the year in which the claim arose and the customer obtains knowledge of the circumstances that justify the claim against Voya and should have been obtained by Voya as a defendant, or without gross negligence.
- Final Provisions
11.1 The invalidity of individual provisions of the agency contract does not result in the invalidity of the entire contract. The invalidity of the mediated contract (eg the contract of carriage, travel contract) does not affect the effectiveness of the mediation contract.
11.2 The agency contract is exclusively subject to German law. Insofar as the customer is a merchant or legal entity of private or public law, or a person, who is domiciled or ordinarily resident abroad, or whose domicile or habitual residence is unknown at the time the legal action is brought, the place of jurisdiction shall be Voya ‘s registered office in Hamburg.
Großer Burstah 46-48
Tel.: +49 40 414680-23
mobile: +49 151 22635365
mail: [email protected]
Registration office: Local court Hamburg HRB 139287
Executive directors: Florian Stege, Maximilian Lober
Information pursuant to § 2 DL-InfoV:
Turnover tax ID acc. § 27a UStG: DE
Main features of the service: managing tourist services and travel
The agency contract with the customer is subject to German law (see note 11.3).