The General Terms and Conditions of Mediation of Voya GmbH are addressed to business customers (“Customer”) and in particular govern the contractual relationship for the use of Voya™ mobile or web application by employees of the customer:
1. Scope, conclusion of contract
1.1. These General Terms and Conditions of Mediation apply to the mediation of tourist services and travel by Voya GmbH (“Voya”) as the operator of the app. They regulate the legal relationship between the customer and Voya. The customer concludes a business procurement contract with Voya (Sections 675, 631 of the German Civil Code) for the mediation of tourist services to his employees. Its content of the contract consists exclusively in the proper mediation of the tourist performance when using the app by the customer’s employees. These General Terms and Conditions of Mediation apply exclusively to entrepreneurs in accordance with Section 14 of the German Civil Code (BGB). Deviating terms and conditions of the customer are contradicted and they do not apply.
1.2. The brokered contract, which may be a transport, service, accommodation, or travel contract, shall be concluded exclusively between the customer and the provider of the service designated to him. The performance of the booked tourist service is not part of Voya’s contractual obligations but is exclusively the responsibility of the service provider. The customer provides the services and travels booked by the customer via e-mail or his employees via the app under 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 with the customer and included in the contract. These may include payment, rebooking, cancellation, or other details. The content of the contract brokered by Voya is determined by the service provider’s description of the service provider. The customer of the brokered service must address all claims with respect to the booked service exclusively to the service provider.
1.3. The registration for a tourist service or trip is also made by the customer for all participants listed in the registration, for whose contractual obligations the notifying participant is liable as well as for his own obligations, provided that he has assumed this obligation by express and separate declaration.
1.4. The brokered contract with the customer is only concluded by the acceptance of the customer’s binding registration by the service provider. Voya informs the customer about the mediation and the conclusion of the contract with the service provider with a written booking confirmation, which can also be sent electronically.
2. Payment of usage and brokerage fees
2.1. The customer pays a brokerage fee per service as a business customer. Any booking, modification or cancellation constitutes a service, whereby a trip may include several services. For business customers, all prices are shown as net prices plus the statutory value added tax on the invoice.
2.2. The customer has the possibility to purchase packages offered by Voya over a specified number of bookings in the quota, which he pays in advance, depending on the agreement, monthly, annually or over a period defined by the parties. Their duration and termination is governed by the service contract of the customer and Voya
2.3. Voya is authorized to send the customer invoices for charges by e-mail, SMS, Voya™ mobile and web application or by post.
2.4. In the event of non-payment of a due fee, the customer shall be in default after a reminder. Any outstanding amounts are interest-rate-free on business customers (business property in the general term HGB) at an amount of 8 percentage points above the ECB’s base interest rate. If due fees are not paid despite a reminder and a reasonable deadline, Voya is entitled to withdraw from the contract and block the customer on the app as well as to demand reimbursement of incurred (withdrawal) costs as well as, if necessary, compensation.
2.5. Voya always reserves the right to adjust all components of the usage and brokerage fees to the general price development in an appropriate amount. If the increase in the fee exceeds 10%, the customer may therefore terminate the use of the app with immediate effect.
3. Booking confirmation, invoice, payment of booked services
The customer will receive a booking confirmation after each booking, as provided for in clause 1.4. Payment of all booked services, as well as usage and brokerage fees, shall be made by credit card, unless otherwise agreed.
4. Withdrawal by the customer, rebookings
4.1. The customer or his employees may withdraw from the contract at any time before the start of the brokered tourist service or trip. The customer must always declare the withdrawal to Voya. The written declaration of withdrawal is mandatory and can be submitted electronically (e.g. by e-mail).
4.2. The terms and conditions of withdrawal and any cancellation compensation incurred are governed by the terms and conditions of the respective service provider as the customer’s contractual partner. Voya is entitled to forward to the customer the cancellation and cancellation compensation calculated by the customer’s contractual partner and to invoice them.
4.3. The conclusion of travel cancellation insurance for the contracts brokered for the employees is recommended.
4.4. There is no legal claim of the customer to rebookings. Rebookings are only possible if the terms and conditions of the service provider provides for them.
5.1. Voya will carry out its contractual obligations carefully, appropriately, and conscientiously. If services give rise to justified complaint, Voya shall be given the opportunity to rectify the situation within a reasonable period to be set by the customer. Voya can choose between rectification of defects and subsequent performance. Minor complaints and minor defects (e.g. typographical errors) do not give the right to subsequent performance. Insignificant defects do not include typographical errors that result in invalid tickets. If the rectification fails despite two attempts, the customer has the right to reduce the price or to withdraw from the contract after a reasonable period has expired without outcome.
5.2. Voya makes no representations of any kind with respect to the error-free and uninterrupted usability of the App and the Customer acknowledges that the availability of the App may be temporarily interrupted due to influences of third parties that are not attributable to Voya (in particular maintenance, security, capacity concerns, Internet disruptions, power outages). However, Voya strives to keep the app she is running as constantly as possible.
6. Liability of Voya, Limitation of Liability
6.1. Voya is only liable for the proper mediation of tourist services and assumes no liability for the proper execution and provision of the services provided. Nor does Voya give any assurance as to the suitability and quality of the individual tourist services or travel presented. The customer’s contractual partner as the owner of the brokered contract is solely liable for this. Nor does Voya guarantee the availability of services provided.
6.2. Voya displays to the customer the information provided by the service provider in the app and takes it over. The service notices therefore do not constitute a separate assurance of the characteristics of the services provided by Voya. Voya makes no warranties or representations to the customer as to the accuracy, completeness or timeliness of the information and information provided by the contractual partners.
6.3. Voya’s contractual liability as a travel agent, except in the case of damage resulting from injury to life, body and health, insofar as damage has not been caused intentionally or through gross negligence or where Voya is responsible for damage solely due to the fault of a vicarious agent, is limited to three times the price of the service or travel provided per customer and individual tourist service or travel. Voya shall be liable for damages against Voya for tortious acts which are not based on intent or gross negligence, for damage to property to the amount of three times the total price per tourist service/ trip and per customer.
7. Notes on passport, visa, foreign exchange, and health regulations
7.1. Voya assumes no liability for the information relating to passport, visa, and sanitary regulations. Only one tour operator is required to provide information in accordance with travel regulations. Insofar as Voya passes on this information, including on its website, Voya makes no representation warranted as to the accuracy, completeness, or timeliness of this information. Voya’s liability is excluded in this respect.
7.2. Each customer and employee of the customer is responsible for compliance with all regulations important for the implementation of a trip (health regulations, passport and visa regulations, foreign exchange regulations, customs regulations). The customer or his/her employee is responsible for carrying the necessary travel documents and must take care to ensure that his passport or identity card is sufficient for the trip. For nationals of other countries, the competent consulate provides information.
8. Data Protection
The personal data provided by the customer to Voya will be processed and used electronically insofar as it is necessary for the establishment, execution or termination of the contract with the customer and for customer support. Voya complies with the provisions of the Federal Data Protection Act when collecting, processing and using personal data. The customer has the right to information about his stored personal data at any time as well as a right to rectification, blocking or deletion of this data. The customer may send the order for the information or deletion of his data to email@example.com. His data will not be passed on to unauthorized third parties.
Claims of the customer for damages for property or financial damage against Voya, except claims of the customer arising from tort, shall become time-barred within one year, insofar as damage to the customer is not based on a grossly negligent breach of duty by Voya, a grossly negligent breach of duty by a vicarious agent or a legal representative of Voya. The limitation period begins at the end of the year in which the claim arose and the customer should have obtained the circumstances which give rise to the claim against Voya and which would have been made known by Voya as the defendant or without gross negligence. All claims arising from tort as well as claims for compensation for bodily harm are subject to the statutory limitation period.
10. Final provisions
10.1The ineffectiveness of individual provisions of the mediation contract does not result in the ineffectiveness of the entire contract. The ineffectiveness of the brokered contract (e.g. the contract of carriage, travel contract) does not affect the validity of the mediation contract. In the event of the invalidity of a clause, the invalid provision shall be reinterpreted or supplemented in such a way as to achieve the economic and legal purpose intended by the invalid provision.
10.2 All agreements between the customer and Voya relating to this agreement must be in writing in order to be effective. This also applies to any renunciation of the requirement of written form.
10.3 Only German law applies to the mediation agreement. Insofar as the customer is a merchant or legal person under private or public law or a person who is domiciled or habitually resident abroad, or whose domicile or habitual residence is not known at the time the action is brought, the place of jurisdiction shall be the registered office of Voya in Hamburg.
Großer Burstah 46-48
Phone: +49 40 2286837 – 30
Register Court District Court Hamburg HRB 139287
Managing Directors: Maximilian Lober, Florian Stege
Information according to Section 2 DL-InfoV:
Value Added Tax ID in accordance with Section 27a UStG: DE304417036
Essential features of the service: mediation of tourist services and travel.
German law applies to the brokerage agreement with the customer (see clause 10.3).