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Terms and Conditions for Traveller

Standard Terms of Business
of SPOT REISEN GmbH for Seat Reservations and Special Services
(as from May 2013)


1.   Preamble

1.1.
The following “Standard Terms of Business of SPOT REISEN GmbH for Seat Reservations and Special Services” (hereinafter referred to as “the STB”) hold for all contracts concluded via the website www.spotgroup.org by


SPOT Reisen GmbH
Berliner   Allee 40
30175 Hanover
Germany

Managing Director: Roland Taylor
Commercial Register: Amtsgericht Hannover, HRB 205024
Taxpayer's Reference Number: 25/202/44296
Tax Ref. No.: DE 268327164

(hereinafter referred to as "SPOT") and you, as our customer (hereinafter referred to as “Customer”). The STB are a component of the respective contract and apply regardless of whether Customer is a consumer or a business entity.

1.2.
Customer is a consumer if the purpose of the orderly performance is not identifiable with his or her commercial or self-employed business activities. The business entity, by contrast, is any natural person or corporate body or legally-established partnership that, in concluding the respective contract, is thereby exercising his/her/its commercial or self-employed business activities.


1.3.
If the respective contract has to do with a seat reservation, the transport of luggage, excess baggage, sport baggage, adjuvants or bulky luggage, Customer must take account of the fact that, in addition to these STB, the terms of transportation of the respective airline discharging these duties and indicated on the ticket(s) also apply. The terms of transportation of the respective airline undertaking these duties are included in the STB of SPOT and thereby become a component of the respective contract. If the terms of transportation of the respective airline undertaking the work differ from those contained in the STB of SPOT, the terms of transportation of the respective airline take effective priority over the STB of SPOT. Customer is therefore recommended to read the terms of transportation of the respective airline closely. The terms of transportation of airlines undertaking such work can be found on the respective websites of the airlines. Limitations and/or differences could well apply to regulations on luggage and transportation, flight-passenger rights, operational irregularities and liability.


1.4.
All agreements concluded by Customer and SPOT in connection with the respective contract result particularly from the present STB, the written confirmation of receipt and the written declaration of acceptance by SPOT.


1.5.
The valid STB at the respective time of ordering apply.


1.6.
The STB also hold for all future legal relationships between SPOT and Customer, even when their inclusion has not been explicitly agreed to anew, provided Customer is a business entity.


1.7.
SPOT reserves the right to withdraw from the respective contract if Customer contradicts these STB. In this case claims of Customer against SPOT are excluded.


1.8.
With the order Customer confirms the inclusion of these STB in the respective contract, as well as recognition of the provisions contained in these by ticking accordingly during the order procedure.


1.9.
The STB will be made available to Customer in the respective valid version via the website www.spotgroup.org. They will be downloadable by Customer free of charge or ready for printout. In addition to this they will be sent to Customer together with the written declaration of acceptance.


1.10.
Other agreements and in particular Customer's standard terms of business, of delivery or of purchase are not accepted by SPOT and are attributed no validity, unless such validity has been explicitly agreed to - in written form - by SPOT.


2.   Registration and Data Protection

2.1.
The conclusion of contracts on performance offered by SPOT presupposes that Customer registers on the website www.spotgroup.org with the booking number demanded there and with person-specific data. Only persons with unlimited legal capacity are entitled to register. There is no entitlement to registration.


2.2.
Customer's registration on the website does not alone obligate Customer in any way. The registration is free of charge for Customer. Customer can delete the registration at any time by sending a corresponding declaration by post, per fax or per e-mail.


2.3.
Customer's data recorded in the context of the registration or processing of the respective contracts is handled in accordance with the applicable statutory regulations, particularly those of the German Data Protection Law and the Tele-Media Act. Without the approval of Customer, SPOT will only record, process or use Customer's person-specific data, stocks data and usage data to the extent that this is necessary for processing the specific contractual relationship. Customer authorizes SPOT to make use of this data, for fulfilment of the above-mentioned purposes, transferring it to SPOT's own offices, to authorized agents, to domestic and foreign authorities, and to other companies and other providers of the performance due in each case and whose help has been made use of by SPOT for fulfilment of its contractually due performance. The companies commissioned by SPOT underlie the same strict data-protection regulations as SPOT itself.


2.4.
Any farther-reaching use for purposes of advertising, market research or for requirements-specific design of the performance offered by SPOT or for opinion polling requires the explicit approval of Customer. Without the approval of Customer SPOT will not record data for these purposes. Customer, however, has the possibility of granting this approval during the order procedure. The approval can be deleted by Customer at any time by sending a corresponding declaration by post, per fax or per e-mail.


2.5.
In addition to this Customer has the option, at any time, of altering or deleting the data stored by him/her/it by sending a corresponding declaration by post, per fax or per e-mail. Otherwise, with respect to approval granted by Customer and further information on data acquisition, data processing and data utilization, reference is made to the data-protection statement, which can be called up on the website www.spotgroup.org at any time via the link “data protection” in printable form.


3.   Conclusion of Contract

3.1.
The presentation and advertising of performance on the website www.spotgroup.org does not constitute a binding offer on the part of SPOT to conclude a contract. It is solely an offer by SPOT for Customer, the latter being thereby invited to make a binding offer by concluding an order contract with SPOT. This also holds for all other letters of offer and direct advertising or e-mails - even those with an individual reference - by the firm of SPOT Reisen GmbH, or further members of the SPOT Group, unless they are explicitly described as being “binding” or are subject to a specific acceptance deadline. Offers or advertising letters or e-mails that are not explicitly marked as “binding” and have no specific acceptance deadline are merely offers by the firm of SPOT Reisen GmbH or other members of the SPOT Group inviting Customer to place a binding order for conclusion of a contract vis-à-vis SPOT.


3.2.
In the order panel Customer can select various performances from the full range available, particularly seat reservations, various meals, the taking of excess baggage, sport baggage, adjuvants or bulky luggage, etc. and can place these per button “in the shopping basket”, collecting them in the so-called shopping basket. Before sending the order Customer can take a look at the data at any time and can make changes.


3.3.
With the button “Next” Customer makes a legally binding offer to purchase the services in the shopping basket. However, the order can only be submitted and transmitted if Customer, after selection of the desired performance, confirms recognition of these STB and of the data-protection statement by placing a corresponding tick in the order mask (“STB has been read and accepted” and “data-protection statement has been read and accepted”). In this way Customer accepts their validity.


3.4.
A contract first comes into being when SPOT accepts Customer's order by means of a separate - written - declaration of acceptance/Invoice sent by e-mail to the e-mail address given by Customer in the context of his/her/its registration, or by actually undertaking performance. These STB, the data-protection statement and the instructions on revocation are attached to the declaration of acceptance/invoice.


3.5.
If the performance selected by Customer is not available at the time of the order, SPOT does not send a declaration of acceptance/invoice. In this case no contract is concluded. SPOT will notify Customer immediately and will reimburse any payments already received from Customer at once.


3.6.
If at the time of Customer's order only some of the selected performance is unavailable, SPOT is entitled to render part-performance, provided such part performance is reasonable from Customer's standpoint. In this case a contract is concluded only with respect to the available part performance, provided SPOT refers to this fact explicitly in its declaration of acceptance. Any payments already received from Customer for the non-available performance will be reimbursed immediately.


4.   Prices and Payment Modalities

4.1.
The prices indicated on the website www.spotgroup.org are end prices including the respective valid statutory turnover tax. The total price of the selected performance including the respective valid statutory turnover tax is shown in the order panel before you send the order off.


4.2.
Payment of the total price quoted in the order mask is immediately payable in full at the time of booking.


4.3.
Payment is to be made by credit card only. SPOT is to be authorized by Customer to charge Customer's credit-card account with the total price indicated in the order mask already at the time of sending of Customer's order. SPOT is also entitled to appoint a third party for the processing of payments and encumbrance of the credit card. In the context of the processing of payments the Standard Terms of Business of the respective company charged with the processing of payments apply.


4.4.
In the case of a return debit due to false information from Customer or to lack of cover SPOT is entitled to withdraw from the contract. To this extent the setting of a payment deadline is not required if the flight associated with the performance is due to depart at such short notice that the payment deadline cannot be met before departure. In this case SPOT is not obliged to make performance. Any costs incurred due to a return debit must be borne by Customer. In this case SPOT will inform Customer of the return debit and of any withdrawal from the contract immediately.


4.5.
Should a return debit first take place after fulfilment of the due performance by SPOT, SPOT or the company charged with the processing of payments will be entitled to charge the credit card again with the outstanding claims. With the (first) return debit Customer is in default on payment, the claim being subject, as from the point in time of the return debit, to interest at 5 percentage points over the base rate of interest. Customer's obligation to pay default interest does not exclude the enforcement of further damages by SPOT.


4.6.
If, at the time of placement of the order, the performance cannot be rendered (cf. 3.6), or SPOT can render part performance only (cf. 3.7.), any payments already made by Customer will be reimbursed immediately.


4.7.
A proper invoice on the performance ordered is contained in the declaration of acceptance.


4.8.
Part payments made by Customer on outstanding claims (cf. 4.4. and 4.5.) will first be offset against the oldest demands. Inadequate amortization payments will first be used to settle costs, then for payment of interest and will finally be offset against the main claim.


5.   Special Provisions on Seat Reservations

5.1.
Customer can reserve seats up to 12 hours before the time of departure of the flight. In the case of seat reservation this is not a service provided by the respective airline offering the flight. In this case it is a cost-compulsory special service provided by SPOT.


5.2.
The reservation of seats at the emergency-exit points is subject to special safety stipulations of the responsible authorities. SPOT draws attention to the fact that the following circle of persons are not permitted to sit in the exit row / emergency-exit points (XL seats):


a) expectant mothers;
b) babies and children under thirteen years of age;
c) persons who are bodily and/or mentally disabled;
d) persons who, due to their body measurements, to illness or to old age, are limited in their mobility;
e) persons who have animals with them.

5.3.
With the reservation of a seat at one of the emergency exits Customer avows that none of the above-mentioned exclusion criteria (see 5.2.) applies, neither to his or her own person nor to any other person for whom Customer has booked.


5.4.
SPOT draws Customer's attention to the fact that the reservation of a seat at one of the emergency exits requires that Customer is willing to assist the flight crew in cases of emergency. To this end it is necessary that Customer is able to follow the instructions of the flight crew in German or in English. If this is not the case, both SPOT and the respective airline undertaking the flight are authorized to give Customer another seat than the one reserved. In this case Customer has no claim to refund of the reservation costs. If it is not possible to provide Customer with another seat, although every effort has been made to do so, the respective airline undertaking the flight has the right to refuse to transport Customer at all.


5.5.
An advance reservation of the seats in the first row is not possible. These seats are reserved for family with small children under 2 years of age.


5.6.
SPOT further draws attention to the fact that, even with a seat reservation, the instructions of the respective flight captain and of the flight crew must be followed. If therefore, for safety or security reasons or for other reasons for which SPOT is not answerable, Customer is allocated a different seat than that which was booked, this is no justification for a claim by Customer for a refund of the reservation costs.


5.7.
For children aged 2 or more, the charge made for a seat reservation is the same as the charge made for adults.


5.8.
Apart from the above-mentioned conditions the Standard Terms of Transport of the respective airline undertaking the flight apply. In some cases these may differ from the above-mentioned conditions. In this case the provisions of the Standard Terms of Transport of the respective airline undertaking the flight take priority over these STB.


6.   Special Regulations for Excess Baggage, Special Luggage and Sport Baggage, Bulky Freight and Adjuvants

6.1.
Customer can order the transport of excess baggage, special luggage and sport baggage, bulky freight and adjuvants via SPOT.


6.2.
SPOT and/or the respective airline undertaking the flight can reject the transport or further transport of excess baggage, special luggage and sport baggage, bulky freight and adjuvants or can discontinue such transport or further transport if one or more of the following points apply.


    a)  The transport violates applicable law, valid provisions or stipulations of the country of departure or the country of destination, or of a country that is to be flown over.

    b)  The transport would endanger the safety, orderliness or health of the other air passengers or of the crew members, or would constitute an unreasonable encumbrance for them.

    c)  Customer or other persons for whom Customer has made the order refuses to undergo the security check with respect to his or her person or luggage.

    d)  Customer has failed to pay for the flight, taxes, charges, surcharges or other performance to be met by Customer.

    e)  Customer or other persons for whom Customer has placed the order is/are not in possession of valid travel documents, or intend to travel to a country for which he or she has only a right of transit, or has no valid entry documents.

    f)  The luggage contains items that could constitute a danger to air passengers, the flight crew, the aircraft itself or to other items on board the aircraft, as indicated in the hazardous-substance regulations of the IATA in their respectively valid version. These include in particular explosive materials, oxidizing, radioactive or magnetizing materials, compressed and liquid gases, infectious or aggressive materials and readily inflammable materials.

    g)  The luggage contains items the transport of which is forbidden by the regulations of the country of departure or arrival, or by a country which is to be flown over.

    h)  The luggage contains individual lithium batteries or lithium accumulators taken along, as in the case of mobile phones, cameras, laptops, hand-helds, etc. Such items must be transported as hand luggage.

    i)  The luggage contains weapons of any sort, special cutting weapons, thrusting weapons or firearms, or spray devices, that can be used for purposes of attack or defence, ammunition or explosion-endangering materials, or items that, from their external appearance or markings might make the impression of being weapons, ammunition or explosion-endangering materials, without attention having been drawn to these before commencement of the journey, and/or if they ought not to be transported as freight or as checked-in luggage according to the regulations on the transport of dangerous goods. The transportation of weapons is decided at the reasonable discretion of SPOT and of the respective airline undertaking the flight. They must at any rate be unloaded and transported in a locked, standard packaging. The transport of ammunition is subject to the ICAO or IATO regulations on hazardous substances. If Customer intends to transport weapons of any sort, or ammunition, he or she must contact SPOT and the respective airline undertaking the flight directly.

    j)  The luggage contains items that are dangerous or unsafe due to their weight, size or type, or are unsuitable for transport due to their perishable nature, their fragility or their special sensitivity.

Should any of the above-mentioned items be contained in the luggage and should they be discovered by security checks, Customer must remove these items from the luggage, or alternatively these items will be removed by the responsible security personnel. SPOT accepts no liability for items removed in this way. If costs are incurred by SPOT for the safekeeping of these items, these costs are to be borne by Customer. SPOT accepts no liability for any damage to baggage and its content due to opening of the baggage in this connection.

6.3.
The transportation of special luggage and sport baggage, as well as bulky freight and adjuvants requires that these have appropriate transport packaging or transport receptacles. Such must be packed and checked-in separate from your standard luggage. Otherwise the luggage will be charged subsequently at the respective excess-baggage prices, which may possibly exceed the flat-rate costs of special luggage and sport baggage, bulky freight and adjuvants. SPOT draws attention to the fact that there must be no items contained in this luggage other than those directly connected to the respective type of baggage ordered. In particular, there must be no clothing contained therein. For example, the sport luggage must not contain any other items than those directly required for practising the sport.


6.4.
For the transport of items with a current value of more than €3,000 SPOT needs a waiver of recourse declaration from Customer. Customer can send this by post, per fax or per e-mail. If Customer omits to send a waiver of recourse declaration, this is contrary to duty and can result in exclusion of liability.


6.5.
The luggage must not contain items such as jewellery, precious metals of all sorts, cash, electronic devices such as cameras, mobile phones, laptops, PCs, etc., business papers, samples, sensitive optical adjuvants, valuable art objects and antiques with a market value of more than €300, fragile or perishable items, passports or other identification papers, urgently needed medicaments or other valuables with a market value of more than €300. The new price is determinative for the respective market value. Neither SPOT nor the respective airline undertaking the flight is liable, in keeping with the stipulations or corresponding application of Art.20 of the Montreal Agreement, for damage to, or loss of, any of the above-mentioned items that, contrary to these provisions, have been contained in the checked-in luggage. The same applies to consequential damage and/or indirect damage resulting from the transportation of these items in the checked-in luggage.


6.6.
Apart from the above-mentioned conditions the Standard Terms of Transport of the respective airline undertaking the flight apply. In some cases these may differ from the above-mentioned conditions. In this case the provisions of the Standard Terms of Transport of the respective airline undertaking the flight take priority over these STB.


7.   Liability
In as much as, in keeping with the agreement of 28.03.1999 on the standardization of certain regulations on transport in international air traffic (Montreal Agreement), EC Regulation 2027/97 in the version altered by (EC) Regulation No. 889/02, (EC) Regulation No. 785/2004 and (EC) Regulation No. 261/2004, SPOT is not subject to further liability, SPOT accepts liability only in accordance with the following provisions:

7.1.
Vis-à-Vis Consumers


7.1.1.
SPOT is liable in cases of malintent or gross negligence on its part or on the part of a representative or agent, as well as in cases of culpable injury to life, limb or health, in keeping with the statutory regulations. Otherwise SPOT is only liable, in keeping with the Product Liability Act, for culpable violation of significant contractual obligations or in as much as SPOT has intentionally concealed defects or has given a guarantee for a characteristic property of the performance. However, the claim to compensation for culpable violation of significant contractual obligations is limited to contract-typical, foreseeable damage, unless one of the other cases given in sentence 1 or sentence 2 exists at the same time.


7.1.2.
The regulations of point 7.1. mentioned above hold for all claims to compensation, particularly for compensation in addition to performance and compensation instead of the performance, this regardless of the legal argument on which it is based, and particularly due to defects, violation of duties arising from obligations or from tort. They also hold for claims of replacement of effort and expenses invested in vain. Liability for default, however, is determined in keeping with point 7.1.4. of these STB, while liability for impossibility is treated in keeping with point 7.1.5. of these STB.


7.1.3.
If non-compliance with performance dates and deadlines is due to force majeure (e.g. mobilization, war, uprisings or the like) for which SPOT is not answerable, such as strike or lockouts, the associated deadlines will be extended by a period equivalent to that of the above-described occurrence or its effect.


7.1.4.
In the event of a delay in performance SPOT is liable in cases of malintent or gross negligence on its part or on the part of a representative or agent, as well as in cases of culpable injury to life, limb or health, in keeping with the statutory regulations. In other cases of delay the liability of SPOT for compensation in addition to performance is limited to a total of 10% and for compensation instead of performance including restitution of expenditure invested in vain to a total of 15% of the value of the performance. Farther-reaching claims of Customer are excluded - even after expiry of a deadline set for SPOT to render performance. This limitation does not apply in cases of culpable violation of significant contractual obligations. However, the claim to compensation for culpable violation of significant contractual obligations is limited to contract-typical, foreseeable damage, unless another case given in sentence 1 of this point exists at the same time. The right of Customer to withdraw from the contract in keeping with point 8 of these STB remains unaffected.


7.1.5.
If performance is impossible, SPOT is liable in cases of malintent or gross negligence on its part or on the part of a representative or agent, as well as in cases of culpable injury to life, limb or health, in keeping with the statutory regulations. In other cases of impossibility Customer's claim is limited to compensation in addition to and/or instead of performance, including restitution of expenditure invested in vain, to a total of 20% of the value of the performance. Farther-reaching claims of Customer due to impossibility of performance are excluded - even after expiry of a deadline set for SPOT to render performance. This limitation does not apply in cases of culpable violation of significant contractual obligations. However, the claim to compensation for culpable violation of significant contractual obligations is limited to contract-typical, foreseeable damage, unless another case given in sentence 1 exists at the same time. The right of Customer to withdraw from the contract in keeping with point 8 of these STB remains unaffected.


7.1.6.
A change in the onus of proof to the disadvantage of Customer is not associated with the above regulations.


7.2.
Vis-à-Vis Business Entities


7.2.1.
No claims against SPOT exist on the basis of defects that differ only insignificantly from the agreed or typical characteristic properties or that only inhibit the usability to an insignificant extent.


7.2.2.
SPOT is liable in cases of malintent or gross negligence on its part or on the part of a representative or agent, as well as in cases of culpable injury to life, limb or health, in keeping with the statutory regulations. However, in cases of gross negligence SPOT's liability is limited to contract-typical, foreseeable damage, unless another exceptional case given in sentence 1 or sentence 3 of this point exists at the same time. Otherwise SPOT is only liable, in keeping with the Product Liability Act, for culpable violation of significant contractual obligations or in as much as SPOT has intentionally concealed defects or has given a guarantee for a characteristic property of the performance. However, the claim to compensation for violation of significant contractual obligations is limited to contract-typical, foreseeable damage, unless another case given in sentence 1 or sentence 3 of this point exists at the same time.


7.2.3.
The regulations of point 7.2.2. hold for all claims to compensation, particularly for compensation in addition to performance and compensation instead of the performance, this regardless of the legal argument on which it is based, and particularly due to defects, violation of duties arising from obligations or from tort. They also hold for claims of replacement of effort and expenses invested in vain. Liability for default, however, is determined in keeping with point 7.2.5. of these conditions, while liability for impossibility is treated in keeping with point 7.2.6. of these conditions.


7.2.4.
If non-compliance with performance dates and deadlines is due to force majeure (e.g. mobilization, war, uprisings or the like) for which SPOT is not answerable, such as strike or lockouts, the associated deadlines will be extended by a period equivalent to that of the above-described occurrence or its effect.


7.2.5.
In the event of a delay in performance SPOT is liable in cases of malintent or gross negligence on its part or on the part of a representative or agent, as well as in cases of culpable injury to life, limb or health, in keeping with the statutory regulations. In cases of gross negligence, however, SPOT's liability is limited to contract-typical, foreseeable damage. Except for the cases of sentence 1 and sentence 2, SPOT's liability for compensation in addition to performance is limited to a total of 10% and for compensation instead of performance, including restitution of expenditure invested in vain, to a total of 15% of the value of the performance. Farther-reaching claims of Customer are excluded - even after expiry of a deadline set for SPOT to render performance. This limitation does not apply in cases of culpable violation of significant contractual obligations. However, the claim to compensation for culpable violation of significant contractual obligations is limited to contract-typical, foreseeable damage, unless another case given in sentence 1 exists at the same time. Customer's right to withdraw from the contract in keeping with point 8 of these STB remains unaffected.


7.2.6.
In the event that performance is impossible SPOT is liable - in cases of malintent or gross negligence on its part or on the part of a representative or agent, as well as in cases of culpable injury to life, limb or health - in keeping with the statutory regulations. However, in cases of gross negligence SPOT's liability is limited to contract-typical, foreseeable damage, unless another exceptional case given in sentence 1 exists at the same time. Except for the cases of sentence 1 and sentence 2, SPOT's liability for compensation due to impossibility is limited to compensation and to restitution of expenditure invested in vain to a total of 20% of the value of the performance. Farther-reaching claims of Customer due to impossibility of performance are excluded - even after expiry of a deadline set for SPOT to render performance. The right of Customer to withdraw from the contract in keeping with point 8 of these STB remains unaffected.


7.2.7.
The period of limitation for claims and rights due to defective performance - regardless of the legal grounds - is one year.


7.2.8.
The periods of limitation in keeping with point 7.2.7. also hold for all compensation claims against SPOT that are related to the defect - regardless of the legal grounds for the claim.


7.2.9.
The periods of limitation in keeping with point 7.2.7. and point 7.2.8. hold, however, with the following stipulations:


    a)  Generally speaking, the periods of limitation do not hold in cases of malintent or fraudulent concealment of a defect or in as much as SPOT has given a guarantee for a characteristic property of the performance.

    b)  What's more, the periods of limitation do not hold for claims to compensation in cases of grossly negligent breach of duty, in the event of culpable violation of significant contractual obligations - not in the delivery of a defective item or in the rendering of defective performance - in cases of culpably caused injury to life, limb or to health, or in cases of claims made in keeping with the Product Liability Act. The periods of limitation for claims to compensation also hold for restitution of expenditure made in vain.

7.2.10.
For all claims, the period of limitation begins with delivery, or with the acceptance inspection or, in as much as an acceptance inspection is not appropriate, with the rendering of performance.


7.2.11.
Unless some other agreement has been explicitly reached, the statutory regulations on commencement of the period of limitations, on the suspension of expiry, and on postponement and recommencement of deadlines remain unaffected.


7.2.12.
The regulations of points 7.2.7. to 7.2.11. hold accordingly for claims to compensation that are not associated with a defect. Point 7.2.7. applies to the period of limitation.


7.2.13.
A change in the onus of proof to the disadvantage of Customer is not associated with the above regulations.


8.   Withdrawal
Within the framework of the statutory regulations Customer can only withdraw from the contract if SPOT is answerable for a breach of duty. In the case of defects, however, the statutory prerequisites for withdrawal hold instead of the above sentence. In cases of breach of duty Customer must declare, within a reasonable period following a request by SPOT, whether he/she/it wishes, due to the breach of duty, to withdraw from the contract or to insist on performance. The right of Customer, in the capacity of a consumer, to revoke the contract in the sense of point 9 remains unaffected by this.

9.   Right of Revocation of the Consumer

9.1.
If Customer is a consumer, i.e. a natural person who places the order for purposes that can be attributed to neither his or her commercial or self-employed, professional activities, Customer has a right of revocation in accordance with the statutory regulations.


9.2.
The individual regulations applying to the right of revocation are those given in the following
:

Instruction on Revocation
You can revoke your contract declaration within 14 days in writing (e.g. by letter, fax, e-mail) without having to give your reasons.The period commences with receipt of this written advice, though not before conclusion of contract and not before our discharging our duties to inform in accordance with Article 246, section §2 in conjunction with section §1, paragraphs 1 and 2 of EGBGB [Introductory Law to the German Civil Code], as well as our obligations in accordance with section §312g, paragraph 1, sentence 1 of BGB [German Civil Code] in conjunction with Article 246, section §3 of EGBGB.To satisfy this revocation deadline it is sufficient that the revocation be sent punctually.

The revocation must be sent to:

Firma
SPOT Reisen GmbH
Berliner Allee 40
D-30175 Hannover
Germany
Tel.: +49 511 - 12345826
Fax: +49 511 - 12357091
E-mail: office@spotreisen.com

Managing Director: Roland Taylor
Commercial Register: Amtsgericht Hannover, HRB 205024
Consequences of Revocation

In the event of valid revocation, the performance received by both sides must be restored and, where applicable, benefits obtained (e.g. interest) passed on. If you are unable to restore to us the performance or benefits received   (e.g. benefits from use), whether wholly or partially, or only in a deteriorated condition, you must then compensate us for the lost value. This can mean, despite the revocation, that you may nevertheless be required to meet your contractual payment obligations for the period up to the time of revocation. Obligations to refund payments must be honoured within 30 days. The deadline begins for you with the dispatch of your declaration of revocation or of the item, and for us with its receipt.

Special Note
In accordance with section §312d, paragraph 3 of BGB [German Civil Code] your right of revocation expires prematurely if the contract is completely fulfilled by both sides at your explicit request, before you exercise your right of revocation.

- End of the Instruction on Revocation -

10.   Cancellation and Changing of the Booking

10.1.
Against a charge, Customer can change his/her/its order up to 12 hours before the respective flight, provided other performance from SPOT is still available.


10.2.
For a change in the order Customer will be charged a processing fee to the value of €5.00.


10.3.
Customer can cancel his/her/its order up to 24 hours before the respective flight. In this case the cancellation charge amounts to 50% of the price of the performance ordered.


10.4.
On the day of departure it is no longer possible to change the order or to cancel the order. In this case Customer owes full payment. Customer nevertheless has the right to prove that SPOT has suffered no damage, or that the damage was smaller.


10.5.
The right of Customer, in the capacity of a consumer, to revoke the contract in the sense of point 9 remains unaffected by this.


11.   Copyright
SPOT has the copyright to all photos, films and texts published on the website www.spotgroup.org. Use of the photos, films or texts is not permitted without the explicit consent of SPOT.

12.   Final Provisions

12.1.
To be legally valid, amendments and additions to the respective contracts must be made in writing.


12.2.
Verbal agreements are to give rise to no legal consequences.


12.3.
Silence on the part of SPOT is to be seen as rejection.


12.4.
The written-form requirement is satisfied if telecommunications options such as fax or e-mail are used.


12.5.
Customer can only offset with claims that are uncontested or have been legally established. The same holds for the enforcement of a right of retention.


12.6.
For all disputes arising from and in connection with the respective contracts, their amendments, extensions and supplementary agreements, etc. the law of the Federal Republic of Germany applies, subject to exclusion of the UN purchase law, as well as the determinative directives and ordinances of the European Union, (EC) No. 2027/97, (EC) No. 889/2002, (EC) No. 785/2004 and (EC) No. 261/2004, and the agreement of 28.03.1999 on the standardization of certain regulations on transportation by international air traffic (Montreal Agreement). Furthermore and in particular, the regulations of aviation law and the related ordinances, official instructions and stipulations issued for transportation within the Federal Republic of Germany apply.


If Customer submits the order as a consumer and at the time of ordering has his or her habitual residence in another country, the application of compelling legal provisions of this country remains unaffected by the choice of law made in sentence 1 of this point.

12.7.
In the event of disputes as to the interpretation of these STB the German-language version is determinative.


12.8.
The place of performance is Hanover.


12.9.
If, at the time of ordering, Customer is a business entity with registered address in Germany, the sole place of jurisdiction is that of the registered address of SPOT. Otherwise, the applicable statutory regulations are to determine local and international jurisdiction.


13.   Escape Clause

13.1.
Should any of the provisions of these STB prove to be invalid, whether in whole or in part, or should they become invalid as a result of amendments of legislation after conclusion of contract, the remaining provisions and the validity of the contract as a whole remain unaffected.


13.2.
Those statutory provisions that most closely approach the sense and purpose of the invalid provisions are then to replace the invalid provisions of these STB.


13.3.
If the contract as a whole is found to have omissions, those provisions that correspond to the sense and purpose of the contract and would have been agreed to had they been thought of, are to be regarded as having been agreed to.


Dated 12.04.2013