GENERAL TERMS AND CONDITIONS
Part 1: General terms and conditions for the mediation of travel services (travel agent terms and conditions)
The following conditions apply to arranging trips through Flexidreams SL, Calle Angel Muñoz 14, 28043 Madrid, VAT number ESB01803949 - hereinafter referred to as "flexidreams". They regulate the legal relationship between the customer and flexidreams. Flexidreams acts exclusively as an intermediary between the customer and the respective hotel and acts on behalf of and for the account of the respective hotel. The execution of the booked trip as such is not part of flexidreams' contractual obligations.
In the case of a booking, the contract relating to the trip is concluded exclusively between the customer and the respective hotel. In this respect, reference is made to the corresponding general terms and conditions of the hotels. If special regulations or restrictions are applied to the selected prices or services than agreed with the customer in the booking confirmation, the customer will be informed of this prior to his stay.
§1 Conclusion of the agency contract
1. When booking a hotel through flexidreams, the customer pays the specified overnight rate and also receives a consumption voucher, consequently called a flexi- voucher, with equal value to the accommodation rate, which can be redeemed for hotel services. Prices generally apply to double occupancy. In the case of single occupancy and for children, separate overnight rates may apply. The amount of the respective overnight rate at the time of the stay can be found on the respective hotel page www.flexidreams.com, as well as the booking confirmation. In addition to the overnight rate, a booking fee of € 30 per booking is due. The costs for the overnight stay must be paid in advance according to the booking confirmation.*
Local taxes and other local taxes cannot be offset against the overnight rate and must be paid additionally at the hotel.
To see, for which hotel offers the flexi-voucher can be redeemed, please refer to the respective hotel description. The hotel offers that are included in the price of the overnight stay for regular hotel guests are also free of charge for flexidreams customers. This does not apply to meals.
* Due to the current travel uncertainties caused by the COVID-19 pandemic and the associated more flexible cancellation conditions of the hotels, the overnight rate is currently only to be paid upon arrival at the hotel (as of March 2021).
2. By filling out the information fields and completing the booking process, the customer offers flexidreams the conclusion of a binding agency contract. The offer can be submitted in writing, orally, by telephone or via electronic media (Internet). In the case of a booking via our website www.flexidreams.com, the customer makes flexidreams a binding offer to conclude a agency contract. The customer is fully liable for all information provided by him in this contract offer.
3. Flexidreams reserves the right to accept the offer. A reservation is only guaranteed if flexidreams confirms the reservation in writing (by email). In this case, an accommodation contract is concluded between the customer and the hotel.
4. If flexidreams has no room contingent in a hotel, the availability for the desired period must first be checked by flexidreams. In this case, the customer makes a booking request by selecting "Check availability". In the case of a booking request via this website, the request is only binding if it has been confirmed in writing by flexidreams for the desired period in the desired hotel. The customer then has 48 hours from receipt of our confirmation email to transfer the booking fee of € 30 to flexidreams. If this does not occur, the booking will be canceled, and the room will be returned to the hotel.
In the event that the hotel is not available for the desired period, flexidreams reserves the right to suggest other periods or similar hotels to the customer without obligation. The customer has the right to accept or reject them. In the event of acceptance, the customer must pay the booking fee of € 30 to flexidreams and a binding agency contract is concluded between the customer and flexidreams.
5. The customer is obliged to immediately check the received booking confirmation between him and the hotel for correctness and, if necessary, to inform flexidreams of any inaccuracies or deviations. A notice of this kind must be given within three days of receipt of the agency contract, otherwise such instructions are no longer taken into account. Deviations do not entitle to withdraw from the agency contract.
6. The customer agrees that his personal data, required for the business transaction, will be electronically processed by flexidreams, stored and passed on to the hotel as well as to companies entrusted with the processing and affiliated companies. Further information can be found in our Privacy statement.
§2 Payment / travel documents
1. The customer receives the due date of the down payment and final payment as well as the further payment modalities with the booking confirmation from flexidreams. In the case of short-term bookings, the total price can be due immediately.
2. Payment is made by credit card. The customer is responsible for having sufficient funds in his account. All costs associated with failure to meet payment obligations are borne by the customer.
3. Flexidreams ensures that the personal data recorded during the payment process, such as name, address and, if applicable, credit card number, IBAN and BIC are encrypted using SSL technology. The data entered is converted into a code so that it cannot be read by unauthorized persons when it is transmitted on the Internet.
§3 Cancellation by the customer / rebooking
1. If the user has booked with a partner hotel, he must comply with the booking. If he cancels the booking or does not take it up for the entire time, the hotel's cancellation conditions apply, which are listed on the respective hotel website at flexidreams.com. All costs associated with a withdrawal are borne by the customer. Flexidreams reserves the right to withhold 100 % booking fee.
2. In the event that the desired travel date or the selected hotel is rebooked, the customer bears the associated costs in accordance with the general terms and conditions of the respective hotel. Regardless of this, Flexidreams is entitled to charge a processing fee of € 30 per person.
3. To avoid burdening the customer with the cancellation fees described, flexidreams recommends concluding a travel cancellation insurance.
§4 Change in service and price
1. Changes and deviations from individual service agreements, which became necessary after the conclusion of the contract, are to be borne exclusively by flexidreams and / or the respective hotel, provided they are associated with additional costs for the customer. In any case, the customer is released from additional costs.
2. The services listed on the flexidreams.com website and the associated prices are generally binding for flexidreams. However, flexidreams reserves the right to make changes for objectively justified reasons. These are to be communicated to the customer before payment and in any case entitle him to withdraw from his booking free of charge.
§5 Flexidreams liability
1. Flexidreams is exclusively the mediator of the accommodation contract that is concluded between the customer and the respective hotel and, as an intermediary, is not liable for inadequate, unperformed, or unpunctual services by the hotel. Claims by the customer that can be traced back to the hotel stay, in particular claims for cancellation of the contract, reduction in price and compensation, can only be asserted by the guest against the hotel.
2. Flexidreams as a mediator relies on the information provided by the respective hotels for the hotel details. The hotel is liable for the content and correctness of the information. Flexidreams therefore gives no guarantees or assurances regarding the correctness, completeness or topicality of this information and is also not liable for misprints. The same applies to other information contained on this website and made available by third parties.
3. Flexidreams is only liable through the brokerage contract with the customer for damage caused to the customer by insufficient or negligent fulfillment of obligations by flexidreams. In principle, flexidreams is not liable for damage incurred by the customer due to a breach of duty by the respective hotel, but only the respective hotel. The liability of flexidreams in the case of inadequate or negligent processing within the framework of the agency contract is limited to a maximum of the value of the booked hotel stay.
4. We recommend customers (in the European Economic Area) to first inform themselves about complaints by contacting our customer service. Under http://ec.europa.eu/consumers/odr/ the European Commission provides a platform for online dispute resolution for consumer disputes. Flexidreams does not take part in this voluntary procedure for alternative dispute resolution.
§6 Notes on passport, visa, currency and health regulations
1. Each customer / traveler is responsible for compliance with the applicable domestic and foreign entry and exit conditions, health regulations, passport and visa regulations. He has to contact the consulate or embassy responsible for him in order to obtain the necessary requirements for his trip and to obtain the necessary documents. Flexidreams cannot give any assurances or guarantees for the correctness of the prerequisites necessary for the customer's journey and is thus exempt from any liability.
Part 2: General Provisions
1. Should one of the above provisions be or become ineffective, the remaining provisions remain valid. The ineffectiveness of the brokered travel contract does not affect the brokerage contract.
2. Flexidreams is entitled to terminate the brokerage contract and to refuse the service offered to the customer in the event of a breach of the terms of use by the customer.
3. The brokerage contract between flexidreams and the customer, and the agreements contained therein, replaces all previous notifications or agreements, regardless of whether electronically, verbally or in writing.
4. In the event of legal disputes, the customer can sue flexidreams at its headquarters or at its place of residence at the relevant court. In the event of legal action by flexidreams, the flexidreams.company headquarters shall be the place of jurisdiction. This is the court of the capital Madrid.
6. The law of the Kingdom of Spain applies exclusively to legal disputes between the customer and the travel agent.
7. The original German version of these General Terms and Conditions may have been translated into other languages. The translated version is only a courtesy translation and no rights can be derived from the translated version. In the event of a dispute about the content or interpretation of these General Terms and Conditions or an inconsistency or discrepancy between the German version and another language version of these General Terms and Conditions, the German language version shall apply, insofar as this is legally permissible, and has priority. The German version is available on our platform (by selecting the German language) or will be sent to you upon written request.
7. Contractual partner as travel agent:
Flexidreams SL
Calle Angel Muñoz 14, 28043 Madrid
Spain
Tel.: +34 971 270 825
VAT number: ESB01803949
Managing director: Nikolina Toneva
Place of jurisdiction: Court of the capital Madrid
Last updated: October 2021